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

Vol. 143 WASHINGTON, WEDNESDAY, NOVEMBER 12, 1997 No. 159 House of Representatives The House met at 12 noon and was ginia, Fairfax, VA, offered the follow- curity and all people live together in called to order by the Speaker pro tem- ing prayer: harmony. pore [Mr. PETRI]. Almighty God, at this noon day hour And bless the worn and beaten paths f when in this House Your servants come to the centers of worship in our land together as a body to accomplish Your DESIGNATION OF THE SPEAKER that all people will give thanks to their work on behalf of us all, we acknowl- PRO TEMPORE Creator during this harvest season and edge our utter dependence on Your that all people will seek Your guidance The SPEAKER pro tempore laid be- many and various gifts and seek Your as we gather to walk the road toward fore the House the following commu- benediction on our humble efforts to do peace and happiness for all. Amen. nication from the Speaker: Your will. WASHINGTON, DC, As the psalmist reminds us all, that f November 12, 1997. unless You add Your blessings to our I hereby designate the Honorable THOMAS work, we who desire to build the city E. PETRI to act as Speaker pro tempore on THE JOURNAL this day. labor in vain to build it. NEWT GINGRICH, Therefore, bless all those who stand guard and keep watch in our land, The SPEAKER pro tempore. The Speaker of the House of Representatives. Chair has examined the Journal of the f keeping us safe by night and day from the many perils that may befall us. last day’s proceedings and announces PRAYER Bless the hearths and the homes of to the House his approval thereof. The Reverend Dr. Ronald F. Chris- our land in such a way that little chil- Pursuant to clause 1, rule I, the Jour- tian, Lutheran Social Services of Vir- dren may experience love and know se- nal stands approved.

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H10583 H10584 CONGRESSIONAL RECORD — HOUSE November 12, 1997 PLEDGE OF ALLEGIANCE S. 1115. An act to amend title 49, United That the Senate Passed without amend- States Code, to improve the on-call notifica- ment H.R. 2129. The SPEAKER pro tempore. Will the tion process, and for other purposes. That the Senate Passed without amend- gentleman from New York [Mr. SOLO- S. 1354. An act to amend the Communica- ment H.R. 2564. MON] come forward and lead the House tions Act of 1934 to provide for the designa- That the Senate Passed without amend- in the Pledge of Allegiance. tion of common carriers not subject to the ment H.R. 2631. Mr. SOLOMON led the Pledge of Alle- jurisdiction of a State commission as eligi- That the Senate Passed without amend- giance as follows: ble telecommunications carriers. ment H.J. Res. 105. S. 1505. An act to make technical and con- With warm regards, I pledge allegiance to the Flag of the forming amendments to the Museum and Li- ROBIN H. CARLE, United States of America, and to the Repub- brary Services Act, and for other purposes. Clerk. lic for which it stands, one nation under God, S. 1506. An act to amend the Professional f indivisible, with liberty and justice for all. Boxing Safety Act (P.L. 104–272). f S. 1511. An act to amend section 3165 of the ANNOUNCEMENT BY THE SPEAKER National Defense Authorization Act for Fis- PRO TEMPORE MESSAGE FROM THE SENATE cal Year 1998 to clarify the authority in the The SPEAKER pro tempore. The A message from the Senate by Mr. section. S. 1517. An act to extend the Visa Waiver Chair desires to announce that pursu- Lundregan, one of its clerks, an- Pilot Program. ant to clause 4, rule I, the Speaker nounced that the Senate had passed S. 1519. An act to provide a 6-month exten- signed the following enrolled bills and without amendment bills of the House sion of highway, highway safety, and transit joint resolution on Monday, November of the following titles: programs pending enactment of a law reau- 10, 1997: H.R. 1090. An act to amend title 38, United thorizing the Intermodal Surface Transpor- H.R. 282, to designate the U.S. Post States Code, to allow revision of veterans tation Efficiency Act of 1991; and Office Building located at 153 East benefits decisions based on clear and unmis- S. Con. Res. 67. Concurrent resolution ex- 110th Street, New York, NY, as the pressing the sense of Congress that the mu- takable error; ‘‘Oscar Garcia Rivera Post Office H.R. 1840. An act to provide a law enforce- seum entitled ‘‘The Women’s Museum: An Institute for the Future’’, in Dallas, Texas, Building’’; ment exception to the prohibition on the ad- H.R. 681, to designate the U.S. Post vertising of certain electronic devices; be designated as a millennium project for H.R. 2366. An act to transfer to the Sec- the United States. Office Building located at 313 East retary of Agriculture the authority to con- The message also announced that the Broadway in Glendale, CA, as the ‘‘Car- duct the census of agriculture, and for other Senate agrees, to the amendments of los J. Moorhead Post Office Building’’; purposes; and the House to the bill (S. 562) ‘‘An act to H.R. 1057, to designate the building in H.R. 2813. An act to waive time limitations amend section 255 of the National Indianapolis, IN, which houses the op- specified by law in order to allow the Medal Housing Act to prevent the funding of erations of the Indianapolis main post of Honor to be awarded to Robert R. Ingram office as the ‘‘Andrew Jacobs, Jr. Post of Jacksonville, Florida, for acts of valor unnecessary or excessive costs for ob- taining a home equity conversion Office Building’’; while a Navy Hospital Corpsman in the Re- H.R. 1058, to designate the facility of public of Vietnam during the Vietnam con- mortgage,’’ with an amendment. flict. The message also announced that the the U.S. Postal Service under construc- tion at 150 West Maggaret Drive in The message also announced that the Senate agrees to the amendments of the House to the bill (S. 714) ‘‘An act to Terre Haute, IN, as the ‘‘John T. Myers Senate had passed with amendments in Post Office Building’’; which the concurrence of the House is amend title 38, United States Code, to revise, extend, and improve programs H.R. 1377, to amend title I of the Em- requested, bills of the House of the fol- ployee Retirement Income Security lowing titles: for veterans.’’ The message also announced that the Act of 1974 to encourage retirement in- H.R. 1604. An act to provide for the divi- come savings; sion, use, and distribution of judgment funds Senate agrees to the amendments of the House to the bill (S. 923) ‘‘An act to H.R. 1479, to designate the Federal of the Ottawa and Chippewa Indians of building and U.S. courthouse located at Michigan pursuant to dockets numbered 18– amend title 38, United States Code, to E, 58, 364, and 18–R before the Indian Claims prohibit interment or memorialization 300 Northeast First Avenue in Miami, Commission; in certain cemeteries of persons com- FL, as the ‘‘David W. Dyer Federal H.R. 1658. An act to reauthorize and amend mitting Federal or State capital Building and U.S. Courthouse’’; the Atlantic Striped Bass Conservation Act crimes.’’ H.R. 1484, to redesignate the U.S. and related laws; and courthouse located at 100 Franklin f H.R. 1847. An act to improve the criminal Street in Dublin, GA, as the ‘‘J. Roy law relating to fraud against consumers. COMMUNICATION FROM THE Rowland U.S. Courthouse’’; The message also announced that the CLERK OF THE HOUSE H.R. 2129, to designate the U.S. Post Senate had passed bills and a concur- The SPEAKER pro tempore laid be- Office located at 150 North 3rd Street rent resolution of the following titles, fore the House the following commu- in Steubenville, OH, as the ‘‘Douglas in which the concurrence of the House nication from the Clerk of the House of Applegate Post Office’’; is requested: Representatives: H.R. 2564, to designate the U.S. Post Office located at 450 North Centre S. 156. An act to provide certain benefits of OFFICE OF THE CLERK, Street in Pottsville, PA, as the ‘‘Peter the Pick-Sloan Missouri River Basin pro- U.S. HOUSE OF REPRESENTATIVES, gram to the Lower Brule Sioux Tribe, and Washington, DC, November 10, 1997. J. MCCloskey Postal Facility’’; for other purposes; Hon. NEWT GINGRICH, H.R. 2631, disapproving the cancella- S. 222. An act to establish an advisory com- The Speaker, U.S. House of Representatives, tions transmitted by the President on mission to provide advice and recommenda- Washington, DC. October 6, 1997, regarding Public Law tions on the creation of an integrated, co- DEAR MR. SPEAKER: Pursuant to the per- 105–45; and ordinated Federal policy designed to prepare mission granted to Clause 5 of Rule III of the House Joint Resolution 105, making for and respond to serious drought emer- Rules of the U.S. House of Representatives, gencies; further continuing appropriations for the Clerk received the following messages the fiscal year 1998, and for other pur- S. 318. An act to require automatic can- from the Secretary of the Senate on Monday, cellation and notice of cancellation rights November 10, 1997 at 10:50 a.m.: poses. with respect to private mortgage insurance That the Senate Passed without amend- f which is required as a condition for entering ment H.R. 282. into a residential mortgage transaction, to That the Senate Passed without amend- A PROPER BALANCE OF EX- abolish the Thrift Depositor Protection ment H.R. 681. PANDED TRADE AND PRESERVA- Oversight Board, and for other purposes; That the Senate Passed without amend- TION OF AMERICAN VALUES S. 493. An act to amend section 1029 of title ment H.R. 1057. (Mr. PALLONE asked and was given 18, United States Code, with respect to cel- That the Senate Passed without amend- permission to address the House for 1 lular telephone cloning paraphernalia. ment H.R. 1058. S. 537. An act to amend title III of the Pub- That the Senate Passed without amend- minute.) lic Health Service Act to revise and extend ment H.R. 1479. Mr. PALLONE. Mr. Speaker, in the the mammography quality standards pro- That the Senate Passed without amend- aftermath of President Clinton’s deci- gram. ment H.R. 1484. sion to withdraw fast-track legislation, November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10585 the time has come to forge a new pol- Mr. LANTOS. Mr. Speaker, as divided the favor of the vast majority of Amer- icy that provides direct access for as this House was on fast track, we are icans as opposed to a few multinational labor, environmental health, and safe- as united on the subject of dealing with corporations, and foreign interests ty concerns to be addressed in nego- Iraq. Today, I am introducing a resolu- have been doing so well with our failed tiating future trade agreements. tion supported by Members across the trade policy. As my colleagues know, Those of us who opposed fast track political spectrum which has a message our trade policy has not changed one did not do so because we oppose ex- for Saddam Hussein in Bagdad. bit since World War II, not one bit. panded trade but because the pending At the conclusion of the gulf war, the Despite 50 years of dramatic changes legislation gives Congress only one United Nations decided to find and to in the world economy, we have gone vote on trade legislation that may destroy all of Iraq’s capability to from being the world’s greatest credi- have profound impact on American produce chemical, biological, and nu- tor nation to the world’s greatest debt- workers and the quality of our lives. clear weapons and the missiles capable or nation in international trade. We If the President were to embrace of delivering them. have seen our standard of living erode, trade procedures that require consider- For 61⁄2 years, Iraq has pursued a pol- we have lost our industrial base, and ation of labor and environmental icy of deception, lies, concealment, the defenders of the so-called free trade standards followed by adequate en- harassment, and intimidation in a de- policy say, well, it is working exactly forcement and then subject the nego- liberate effort to hamper the work of as we intended. Well, what do we in- tiated agreement to congressional ap- the inspectors designed to eliminate tend; $160 billion trade deficit this proval, I believe the President’s trade Iraq’s ability to produce weapons of year? Is that what we intend? Is that a agreements would pass in Congress mass destruction. success? No. with a large consensus. Recently Iraq has escalated its non- Fast track was the last gasp for the I am sending a letter today to the compliance by refusing to permit Unit- apologists for a failed and archaic President and will ask support from ed States citizens of the inspection trade policy. It is time for a new trade my colleagues who opposed fast track team from carrying out their respon- policy that brings prosperity to this to discuss and explore alternatives sibility. country, projects our values in terms which properly balance expanded trade My resolution calls for resolving of the environment, projects our values and the preservation of American val- peacefully, through diplomatic means, in terms of worker safety and standard ues. this matter with full Iraqi compliance. of living. f Short of that, my resolution calls for Once again, America should stand DOES THE WHITE HOUSE TAKE military action undertaken under the tall and lead the world to a prosperity THE AMERICAN PEOPLE FOR broadest feasible multinational basis, for all of us, not just a select few. FOOLS? preferably under United Nations’ aus- f (Mr. SOLOMON asked and was given pices, and, if necessary, my resolution calls for the United States to take permission to address the House for 1 PASS THE TOUGH PRUDENT BUDG- military action to assure the destruc- minute.) ET OF THE D.C. APPROPRIATION tion of Iraq’s capability to produce and Mr. SOLOMON. Mr. Speaker, as we BILL race toward adjournment tomorrow deliver weapons of mass destruction. night, and I think we will, let me just f (Ms. NORTON asked and was given permission to address the House for 1 say that if I may use the words of the EASIER TO FIND ELVIS THAN A President this past weekend, I think minute and to revise and extend her re- GOOD FACTORY JOB HERE IN marks.) we have another case of a no-brainer. If AMERICA we have a political party that suddenly Ms. NORTON. Mr. Speaker, I am ask- discovers after an election that over $3 (Mr. TRAFICANT asked and was ing for a bipartisan vote for the D.C. million in campaign contributions has given permission to address the House appropriation. to be returned because it came from for 1 minute and to revise and extend There are issues in this bill I would foreign sources and everyone is taking his remarks.) change, and my colleagues may feel the fifth amendment because no one Mr. TRAFICANT. Mr. Speaker, the same. But Congress is not a consen- wants to talk about it, that is a no- Kodak is laying off 10,000 workers. Now sus organization. Moreover, this is not brainer that something is very wrong, if that is not enough to overexpose Congress’ money. There is only a token Mr. Speaker. your most recent negative, Fruit of the amount of Federal money in this ap- Mr. Speaker, does the White House Loom is cutting 3,000 jobs and moving propriation, and that is mostly from really take the American people as to Mexico. Unbelievable. It is getting the D.C. rescue package, not new fools? Thirty-nine House and Senate easier to find Charlie Trie and Elvis money. witnesses, beginning with John Huang than it is to find a good factory job Imagine how it would feel if my col- and Mark Middleton, are taking the here in America. leagues had to come before this body to fifth; 11 witnesses, beginning with Beam me up. I think it is time for get permission to spend money raised Charlie Trie and Pauline Kanchanalak, Congress to ask themselves a very sim- by their taxpayers at home. have left the country; 11 foreign wit- ple little commonsense question: If our The issues that divided the House nesses, beginning with Stephen and trade program is so great, why does into two camps, such as vouchers, are James Riady, refuse even to be inter- Japan not do it? Think about that. gone. So are some items that would viewed. Why would we not conclude I yield back all the balance of jobs cripple the control board and manage- that they have something to hide? and say one last thing here. From ment reform. If 70 people have taken the fifth or snapshots to long johns, American I agree with Mr. TAYLOR and Mr. fled the country about raising Chinese workers just keep getting their assets DAVIS and some of the criticisms that money, why would anyone not con- kicked. they have of the control board in the clude that crimes have been committed f District. I am most willing to work by someone? with them. IT IS TIME FOR A NEW TRADE This is a tough, prudent budget of the f POLICY THAT BRINGS PROSPER- kind the Congress has demanded. The INTRODUCTION OF RESOLUTION ITY TO OUR COUNTRY District has accepted it. Let us pass it. CALLING FOR RESOLVING (Mr. DEFAZIO asked and was given PEACEFULLY THROUGH DIPLO- permission to address the House for 1 f MATIC MEANS THE SITUATION minute.) IN IRAQ Mr. DEFAZIO. Mr. Speaker, the de- MESSAGE FROM THE PRESIDENT (Mr. LANTOS asked and was given feat of fast track trade authority ear- A message in writing from the Presi- permission to address the House for 1 lier this week could perhaps mark a dent of the United States was commu- minute and to revise and extend his re- turning point for new trade policy in nicated to the House by Mr. Sherman marks.) this country, a trade policy finally in Williams, one of his secretaries. H10586 CONGRESSIONAL RECORD — HOUSE November 12, 1997 WAIVING REQUIREMENT OF vember 15, 1997, providing for consider- Rules on November 8. This resolution CLAUSE 4(b) OF RULE XI WITH ation of a bill or a joint resolution was modified by a unanimous consent RESPECT TO CONSIDERATION OF making continuing appropriations for agreement with the minority last Sun- CERTAIN RESOLUTIONS RE- the fiscal year ending September 30, day night, at which time we were here PORTED FROM COMMITTEE ON 1998, any amendment thereto, any con- until about 2 o’clock in the morning. RULES ference report thereon, or any amend- The unanimous consent agreement Mr. SOLOMON. Mr. Speaker, by di- ment reported in disagreement from a changed the dates covered in House rection of the Committee on Rules, I conference thereon. Resolution 314 to Friday of this week, Second, the rule also applies this would call up House Resolution 314 and and added ISTEA to the measure cov- waiver to a special rule providing for ask for its immediate consideration. ered under the waiver of clause 4(b) of The Clerk read the resolution as fol- consideration of the bill, H.R. 2621, to rule XI. lows: extend trade authority procedures with Mr. Speaker, the first year of this respect to reciprocal trade agreements. Congress has resulted in the first bal- H. RES. 314 Third, the rule also applies the waiv- anced budget in 30 years. I have been Resolved, That the requirement of clause er of clause 4(b) of rule XI to S. 1454, here for 20 years, and I have never seen 4(b) of rule XI for a two-thirds vote to con- legislation ensuring a 6-month exten- sider a report from the Committee on Rules one. It provides for less government bu- on the same day it is presented to the House sion of ISTEA. reaucracy and more tax cuts for the is waived with respect to any resolution re- Finally, the rule further provides American people, putting money back ported from that committee before Novem- that the Speaker may entertain mo- into their pockets, so they can either ber 15, 1997, providing for consideration or tions to suspend the rules at any time spend it or invest it, but they can do it disposition of any of the following: before November 15, 1997, provided that at their will instead of the will of this (1) A bill or joint resolution making gen- the object of the motion is announced Congress. I would urge my colleagues eral appropriations for the fiscal year ending from the floor at least 1 hour before September 30, 1998, any amendment thereto, to support this. the motion is offered. Now, Mr. Speaker, let me just run any conference report thereon, or any Of course, this resolution provides down some of those accomplishments amendment reported in disagreement from a that the Speaker shall consult with the conference thereon. that I just talked about. First, we had minority leader in scheduling legisla- (2) A bill or joint resolution that includes the first major tax cut in 16 years. We tion under this authority to suspend provisions making continuing appropriations are now cutting, rather than raising, for fiscal year 1998, any amendment thereto, the rules. Mr. Speaker, this is a straight- taxes. This tax cut provided for $250 any conference report thereon, or any billion in net tax relief over the next 10 amendment reported in disagreement from a forward resolution, extending through conference thereon. Friday the provisions of House Resolu- years, $91 billion in 5 years. Over 72 (3) The bill (H.R. 2621) to extend trade au- tion 305 that passed last week. The percent of that tax relief went to mid- thorities procedures with respect to recip- first part of this rule, and we were dle-class-income families, those with rocal trade agreements, and for other pur- speaking with complexities before, but incomes between $20,000 and $70,000. poses. this will lay it out in layman’s lan- We also provided for $41 million for (4) The bill (S. 1454) to provide a 6-month children, families who were given a $500 extension of highway, highway safety, and guage, the first part of this rule will permit same-day consideration of rules tax credit to help working families off- transit programs pending enactment of a law set the cost of raising and caring for reauthorizing the Intermodal Surface Trans- for general appropriation bills, for ap- portation Efficiency Act of 1991. propriation conference reports, and we children. Families with education ex- SEC. 2. It shall be in order at any time be- have four pending, as you know, and penses were helped by the provisions of fore November 15, 1997, for the Speaker to en- continuing appropriations resolutions HOPE scholarships and penalty-free tertain motions to suspend the rules, pro- through this Friday. withdrawals from IRA’s for college and vided that the object of any such motion is The second part of this resolution other educational expenses. announced from the floor at least one hour Family farms and small businesses before the motion is offered. In scheduling provides that the Speaker may enter- tain motions of the House to suspend were provided death tax relief. In other the consideration of legislation under this words, the inheritance tax exemption authority, the Speaker or his designee shall the rules through Friday. What that consult with the minority leader or his des- means is we can take up suspension now for farmers now is something ignee. bills between now and Friday. It sim- where farmers will not have to sell their property, the heirs will not have b 1215 ply provides for additional suspension- of-the-rules days. to sell it, in order to pay off the inher- The SPEAKER pro tempore (Mr. These provisions of House Resolution itance taxes. PETRI). The gentleman from New York 314 are customary toward the end of a First-time homebuyers were aided by [Mr. SOLOMON] is recognized for 1 hour. session in order to permit the House to the creation of American Dream IRA’s, Mr. SOLOMON. Mr. Speaker, for the expedite its business and adjourn. That from which they can now make tax- purpose of debate only, I yield half our is what we are all looking forward to. free withdrawals for buying a home and time to the gentlewoman from New In fact, the resolution does not depart fulfilling the American dream. York [Ms. SLAUGHTER], pending which I from the standing rules of the House Mr. Speaker, you have to remember yield myself such time as I may for consideration of legislation at the that today, anyone who has a mortgage consume. During consideration of the end of a session. on their home, if they are paying, let resolution, all time yielded is for the Nonetheless, the fact is we are uncer- us say, $9,000 in interest, one-third of purposes of debate only. tain as to the specific adjournment that interest is caused by the irrespon- Mr. Speaker, House Resolution 314 date, and we in the Committee on sibility of this Federal Congress and waives the provisions of clause 4(b) of Rules felt this rule would simplify the this Government over the years in run- rule XI, requiring a two-thirds vote to orderly consideration of the necessary ning deficits, so that if we are able to consider a rule on the same day it is re- funding bills for the coming fiscal year. balance the budget, that means that ported from the Committee on Rules, Mr. Speaker, we all agree that the the interest that young people have to against resolutions reported from the rules for expedited procedures on ap- pay, or anybody has to pay, on their Committee on Rules before November propriation measures and on suspen- mortgage will be reduced by one-third 15, 1997, providing for consideration of sion measures should see limited use at once we can get this under control. If a bill or joint resolution making gen- the end of any session. This resolution we were able to save them $3,000 of eral appropriations for the fiscal year will ensure that the appropriations after-tax income, that is money they ending September 30, 1998, any amend- conference reports can be passed in a could well spend on educating their ment thereto, any conference report timely manner, and we are not held children. thereon, or any amendment reported in over for another week or two in this This Congress has provided broad- disagreement from a conference there- session. Its passage will help ensure based permanent capital gains tax re- on. that. lief to spur investment, to create jobs, In addition, the rule applies the waiv- Mr. Speaker, this resolution was fa- and increase economic growth. The top er to a special rule reported before No- vorably reported by the Committee on rate was reduced from 28 percent down November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10587 to 20 percent, and the bottom rate from measures, such as charter school ex- buying a home and fulfilling the American 15 percent down to 10 percent. pansion and educational vouchers to dream. Mr. Speaker, that means that some- give more hope to children eager to This Congress has provided broad-based body who might have worked for Sears learn and to give choices to parents permanent capital gains tax relief to spur in- Roebuck, maybe a couple who worked who want the best education for their vestment, create jobs, and increase economic for Sears Roebuck for all of their lives, children. growth. The top rate was reduced from 28 they are not noted for paying high sal- Congress has overwhelmingly passed percent to 20 percent and the bottom rate aries, but they have great stock option a ban on partial-birth abortions, a from 15 percent to 10 percent. plans, and many of their employees, gruesome procedure that should be out- This Congress has produced the first bal- many of whom I know, have saved that lawed in any civilized society. anced budget in 30 years. We are now cutting stock all these years. Now when they In the aftermath of our Veterans Day rather than increasing spending. get ready to retire and perhaps move to celebrations, we should also note that The budget was last balanced in 1969, the Florida, or whatever they want to do, earlier this year the House overwhelm- year man first walked on the Moon. they can sell that stock, and the Gov- ingly passed an amendment to the Con- The work of this Congress will result in a ernment will not take all the money. stitution, my constitutional amend- balanced budget in 2002 and budget sur- The maximum amount of money they ment which I offered, banning the dese- pluses thereafter if not even sooner. would take would be 20 percent in high cration of the American flag. It passed We have saved Medicare from bankruptcy income, or maybe just 10 percent, on this House with over 300 votes, far for 10 years, providing more choice and the all of the capital gains that they have more than the 290 needed to achieve affordable quality health care that our seniors seen on that stock over the last 30 or 40 two-thirds. It now rests over in the deserve. years. That is a real accomplishment Senate where we are still, if you can Federal spending has been reduced to 18.9 by this Congress. believe, two votes short of passing this percent of the Gross Domestic Product by This Congress has produced the first very, very important constitutional 2002Ðthe first time since 1974 that spending balanced budget in 30 years. We are amendment. has fallen below 20 percent of the GDP. now cutting rather than increasing Mr. Speaker, all of these accomplish- We will have achieved $182 billion in entitle- spending. Instead of having a projected ments represent a real move to shift ment savings over the next 5 years and $700 deficit of $300 billion in the year 2000, power and money and influence from billion over the next 10 years. we are actually now going to have a Washington to people and families in The growth of total Federal spending has surplus. Can you believe that? What a States and communities. The record been slowed to 3 percent a year. Even the growth of annually appropriated turnaround that will be and what that proves that Congress and the adminis- spending has been slowed to less than one- will mean to the average American in tration can achieve common goals half of 1 percent a year over the next 5 years this country, as I have just outlined. without compromising our respective as compared to 6 percent a year over the past The budget was last balanced in 1969, fundamental principles, and showing 10 years. the year man first walked on the Moon. the American people that we can work The 105th Congress' accomplishments have The work of this Congress will result in together to solve their problems. not all been financial. Adoption of this rule will speed our a balanced budget in the year 2002 and The House has passed legislation moving ability to take this record to the peo- budget surpluses thereafter. children from foster care to permanent loving We have saved Medicare from bank- ple who sent us here, our constituents. homes. ruptcy for 10 years down the road, pro- Mr. Speaker, in a few minutes when We have passed comprehensive housing viding more choice and affordability, this debate comes to a close, I would reforms to help low-income familiesÐthe first affordable quality health care which just hope it could pass on a voice vote. major reform effort in decades. our seniors deserve. I would say this to the Republican and Just in the last week we have passed the Federal spending has been reduced to Democrat leadership, that if this mat- first IRS reform and restructuring package in 18.9 percent of the gross domestic prod- ter does not pass providing for the two- four decades. uct by the year 2002, the first time thirds availability of bills to come to This effort has followed on the heels of since 1974 that spending has fallen this floor, we are in about an hour major education reform measures such as below 20 percent of the GDP. We will going to have to recess until 5 o’clock charter school expansion and educational have achieved $182 billion in entitle- waiting for Members to come back. No vouchers to give hope to children eager to ment savings over the next 5 years and votes were allowed until after 5 learn and give choice to parents who want the $700 billion over the next 10 years. o’clock, and that means we would not best for their kids. The growth of total Federal spending be able to take up suspensions. I would Congress has passed comprehensive wel- has been slowed to 3 percent per year. hope that the Republican and Demo- fare reformÐmoving people from welfare to Mr. Speaker, that is really getting a cratic leadership could get together work and from dependency to self-sufficiency. handle on things. Even the growth of and allow this House to continue work- Congress has overwhelmingly passed a ban annually-appropriated spending has ing from now until 5 o’clock. There are on partial birth abortions, a gruesome proce- been slowed to less than one-half of 1 precious few hours left before we ad- dure that should be outlawed in any civil soci- percent a year over the next 5 years as journ, hopefully sometime around 6 ety. compared to 6 percent a year over the o’clock Thursday evening. In the aftermath of our Veterans Day cele- past 10 years. First major tax cut in 16 years. We are now brations, we should also note that earlier this Let me repeat that. The annual cutting rather than raising taxes. year the House also overwhelmingly passed growth of appropriated spending has This tax cut provided $250 billion in net tax my amendment to the Constitution banning been slowed to less than one-half of 1 relief over the next 10 yearsÐ$91 billion in 5 the desecration of the American flag. percent a year over the next 5 years, years. This astounding account is in addition to all compared to 6 percent a year over the Over 72 percent of the tax relief went to that this Congress did under the Contract With past 10 years. That is fiscal responsibil- middle-income familiesÐincome of $20,000 to America in the 104th Congress. ity. $70,000. Mr. Speaker, all of those accomplishments The 105th Congress accomplishments Forty one million children were given a $500 represent a real move to shift power, money, have not all been financial. The House tax credit to help working families offset the and influence from Washington to people and has passed legislation moving children costs of raising and caring for children. families in States and communities. from foster care to permanent loving Families with education expenses were The record proves that Congress and the homes. We have passed comprehensive helped by the provision of HOPE scholarships administration can achieve common goals housing reform to help low-income and penalty-free withdrawals from IRA's for without compromising our respective fun- families, the first major reform effort college and other educational expenses. damental principles and showing the American in decades in this Congress. Just in the Family farms and small businesses were people that we can work together to solve last week we have passed the first IRS provided death tax relief. problems. reform and restructuring package in First time homebuyers were aided by the Adoption of this rule will speed our ability to four decades. This effort has followed creation of American Dream IRA's from which take this record to the people who sent us on the heels of major education reform they can now make tax free withdrawal for hereÐour constituents. H10588 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Mr. Speaker, I reserve the balance of Ms. SLAUGHTER. Mr. Speaker, on that were endorsed by the House last my time. that I demand the yeas and nays. year by a rather overwhelming vote of Ms. SLAUGHTER. Mr. Speaker, I The yeas and nays were ordered. 406 to just 4 negative votes. This yield myself such time as I may The SPEAKER pro tempore. Pursu- amendment that we have self-enacted consume. ant to clause 5 of rule I, further pro- in the rule has bipartisan support and Mr. Speaker, I thank the gentleman ceedings on this resolution are post- is crucial to achieving real reform of from New York [Mr. SOLOMON] for poned until later today. Amtrak. yielding me the customary 30 minutes. f Under this bill, the House would ac- Mr. Speaker, as Thomas Jefferson cept the labor and liability provisions PROVIDING FOR CONSIDERATION notes in the very first section of Jeffer- worked out in the Senate bill. Also, the OF S. 738, AMTRAK REFORM AND son’s Manual, the minority in any leg- provisions in the amendment crafted ACCOUNTABILITY ACT OF 1997 islative body looks to the rules of that by the gentleman from Pennsylvania body as its best and often only defense Mr. SOLOMON. Mr. Speaker, by di- [Mr. SHUSTER], which have no Senate against the potential tyranny of the rection of the Committee on Rules, I counterpart, include, and this is very majority. call up House Resolution 319 and ask important, include: the restructuring Therefore, we look with skepticism for its immediate consideration. of Amtrak’s board of directors toward on any special rule that would seek to The Clerk read the resolution, as fol- a more business-oriented, private sec- bypass the rules protection of the lows: tor board; reforming Amtrak’s capital rights of all Members. Under rule XI, H. RES. 319 structure; and increasing the flexibil- clause 4(b), a two-thirds vote is re- Resolved, That upon the adoption of this ity of Amtrak’s route structure. quired to consider a rule on the same resolution it shall be in order without inter- We all know that these real reforms day that the Committee on Rules re- vention of any point of order to consider in must be made to keep Amtrak viable; ports it. This provision is designed to the House the bill (S. 738) to reform the stat- indeed, to keep it out of bankruptcy. utes relating to Amtrak, to authorize appro- afford all Members a day to examine priations for Amtrak, and for other purposes. Mr. Speaker, it is vitally important the language of the rule on the under- The bill shall be considered as read for that Amtrak be maintained. Amtrak is lying legislation before voting on amendment. The amendment printed in the important to our entire Nation, but es- them. report of the Committee on Rules accom- pecially important to the Northeast Martial law procedures allow a rule panying this resolution shall be considered which the gentlewoman from Roch- to be considered on the same day as it as adopted. All points of order against the ester, NY [Ms. SLAUGHTER] represents is reported with a majority rather than bill, as amended, are waived. The previous and the Hudson Valley area that I rep- a two-thirds vote. question shall be considered as ordered on resent. Thousands of my constituents the bill, as amended, to final passage with- rely on Amtrak service to get to work b 1230 out intervening motion except: (1) one hour every day and to visit friends and fam- While protections of Members’ rights of debate on the bill, as amended, which shall be equally divided and controlled by ily on weekends and holidays. are important and should not be light- the chairman and ranking minority member Mr. Speaker, we need to move this ly weighed, it is unfortunately common of the Committee on Transportation and In- bill through Congress as quickly as we at the end of a session to suspend tem- frastructure; and (2) one motion to commit possibly can. Amtrak’s ability to pro- porarily in limited cases some of these with or without instructions. vide nationwide service at the present protections. The SPEAKER pro tempore. The gen- level is seriously threatened. It cannot This rule, as amended by unanimous tleman from New York [Mr. SOLOMON] continue unless we pass this legisla- consent Monday morning, would waive is recognized for 1 hour. tion. the 1-day layover requirement for a Mr. SOLOMON. Mr. Speaker, for the For years, there has been under- rule providing for consideration of purposes of debate only, again I yield investment in Amtrak’s equipment and specified bills if reported before No- one-half hour to the gentlewoman from in their facilities, which has led to de- vember 15. This would expand the mar- New York [Ms. SLAUGHTER], pending clining service quality and reduced re- tial law provisions currently in effect which I yield myself such time as I liability. But passage of Amtrak re- by extending them through Friday and may consume. Again, during consider- form legislation will give Amtrak the adding the temporary ISTEA bill to ation of the resolution, all time yielded much-needed boost of capital funds the appropriations bills and continuing is for debate purposes only. that will allow it to upgrade its equip- resolutions that are currently eligible Mr. Speaker, House Resolution 319 ment and gain independence from the for this expedited procedure. The rule provides for the consideration of S. 738, Federal Government, and those are 2 would also allow the consideration of Amtrak reform and authorization, very, very key issues: gain independ- bills under the suspension of the rules which shall be considered as read. The ence from the Federal Government and through November 15 with at least 1 resolution provides that the amend- to upgrade its equipment, which is in hour notice to Members and upon con- ment now printed in the Committee on dire need right now for the safety of its sultation with the minority leader. Rules report shall be considered as passengers. Today we are 43 days into the 1998 fis- adopted, and that all points of order Mr. Speaker, I urge my colleagues to cal year, and we have 3 more appropria- against the bill as amended are waived. support the rule so that we may pro- tions bills yet to pass. We need to expe- House Resolution 319 also provides ceed with general debate and consider- ditiously complete the work we should for 1 hour of debate, equally divided ation of the merits of this very impor- have finished before October 1. Martial and controlled between the chairman tant legislation. law provisions for overdue appropria- and ranking minority member of the Mr. Speaker, I reserve the balance of tions bills have become a regrettable, Committee on Transportation and In- my time. but a traditional feature of the last day frastructure, and finally, the resolu- Ms. SLAUGHTER. Mr. Speaker, I of the session. tion provides 1 motion to commit with yield myself such time as I may Mr. Speaker, I yield back the balance or without instructions. consume. of my time. Mr. Speaker, this rule allows the Mr. Speaker, I thank my colleague, Mr. SOLOMON. Mr. Speaker, I yield House to consider the Senate bill re- the gentleman from New York [Mr. back the balance of my time, and I forming Amtrak and authorizing ap- SOLOMON], for yielding me the cus- move the previous question on the res- propriations for Amtrak, with the in- tomary half-hour. olution, as amended. clusion of an additional amendment in Mr. Speaker, I rise in opposition to The previous question was ordered. the nature of a substitute that had this rule. Just days ago, the Senate The SPEAKER pro tempore (Mr. been suggested by the chairman of the passed their version of the Amtrak bill PETRI). The question is on the resolu- Committee on Transportation and In- without a single dissenting vote. The tion, as amended. frastructure, the gentleman from Senate bill includes consensus lan- The question was taken; and the Pennsylvania [Mr. SHUSTER]. guage on both the labor and liability Speaker pro tempore announced that The addition to the Senate bill re- issues, the issues that caused the most the ayes appeared to have it. flects essentially the same reforms controversy in the House version of November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10589 that measure. But, instead of taking reform passed, when we come back and So the reality is, Mr. Speaker, we the Senate bill straight to the House then when we are able finally to get need to make sure that we pass the leg- floor in its present form, the Commit- around to Amtrak, which will probably islation that has already been adopted tee on Rules self-executes the Shuster be March or April, there will not be an by the Senate. To those who say well, substitute that threatens any chance Amtrak as we know it, and indeed the Senate language, did they cave in of passing this critical bill before the there may not be an Amtrak. to labor or did they cave in to trial Congress adjourns. Why do I make that kind of dire pre- lawyers or did they cave in to some- The self-executing language includes diction? The one thing that all of us body, this is the Lott-Hutchison bill, a provision dealing with the board of have agreed upon through the many de- Senator TRENT LOTT of Mississippi and directors that, if included, will not pass bates that have been held on this Senator KAY BAILEY HUTCHISON of the Senate. By self-executing this pro- House floor over the past several years, Texas and others, not exactly the arbi- vision instead of making it a freestand- and particularly in the past 2 months, ters of organized labor or of trial law- ing substitute amendment, the House is that Amtrak has great financial yers. will be precluded from voting up or problems. What is necessary for Am- So this is truly a compromise that down on the Senate bill. trak is to be able to access the $2.3 bil- has been reached at all levels. It is a Mr. Speaker, Amtrak is on the verge lion worth of capital that this Congress compromise that people can feel com- of bankruptcy. It desperately needs the made available to it in the budget fortable about. I pledge to my chair- funds that were provided in the rec- package just a couple of months ago, man, the gentleman from Pennsylvania onciliation bill passed by the Congress but that capital cannot be accessed [Mr. SHUSTER], as the ranking member earlier this year. Those funds, as my until reform legislation passes. of the Subcommittee on Railroads, colleagues know, are contingent on the Well, my colleagues will say, fine, that I would be happy to work and sign passage of an Amtrak reform package. why not go ahead and let the House off on whatever hearings he wants to The House bill was abruptly pulled pass whatever kind of reform legisla- hold when we come back to look at after the defeat of the Quinn amend- tion? The reality of the situation is subsequent legislation that does deal ment. Since that time, the Senate has that the Senate has passed that reform with the board of directors. worked out most of the concerns of the legislation. The Senate did the heavy But I plead with my colleagues, par- legislation, and if we do not act now, lifting that the House has not been ticularly those of us who believe in there is little chance that Amtrak re- able to come to closure on. Amtrak, that we do not leave this Con- form legislation will be enacted this If we remember, the two main issues, gress this year without enacting the year. labor and liability reform, the Senate Amtrak reform legislation. If this rule passes, we will move to has done that. We fought ourselves to a Now, the only way to do that is to ef- recommit the bill with instructions. standstill here on the House floor just fectively pass the Senate bill. We can The motion to recommit will make in a couple of weeks ago over those two load this thing up all we want, and it is order the Senate-passed bill, which will issues. The bill was pulled, if we recall, going right down across the Rotunda give the House an opportunity to vote because of the fact that there was not into the other body and it is going to sit there. So that is why we are in this up or down on the Senate version of agreement on it. The Senate has taken predicament. the bill, and I would like to say again those issues on and has reached com- Mr. Speaker, I am one who often promises that everyone has signed off that that bill passed the Senate with- stands on the floor and says, well, we on, on the labor and the liability provi- out a single dissenting vote. ought not to just take a Senate bill, we Mr. Speaker, the Senate bill is the sions. ought to of course have our own voice. bill that the President says that he Now we get down to the fact that we The fact is, though, in the last Con- are going to get out of here in a couple will sign. If we truly want to save Am- gress, the 104th Congress that ended of days, and now comes forward some trak, we must give Members the oppor- last year, plus this Congress, we have measures dealing with predominantly tunity to vote on this bill as it passed had this bill on the floor several times. the board of directors. And whether or the Senate. I urge a ‘‘no’’ vote on the It has been pulled, I believe, four times not the House passes its provisions rule and a ‘‘yes’’ vote on the motion to this year alone. recommit. dealing with the board of directors and Mr. Speaker, I yield 4 minutes to the sends it over to the Senate, the Senate b 1245 gentleman from West Virginia [Mr. has made quite clear it will not accept So we in the House have not been WISE]. those provisions. That means a able to reach the compromises nec- Mr. WISE. Mr. Speaker, I thank the lengthy, at best, conference. The ad- essary. The compromises reached in gentlewoman for yielding, and I also ministration, incidentally, has also the Senate language do the heavy lift- want to thank the gentleman from New made clear it will not accept those pro- ing that needs to be done today, in this York [Mr. SOLOMON] for getting this visions. session of Congress. rule to the floor. The reality is, send those provisions In terms of the board of directors, I am going to talk as much about the over to the Senate and there will not that is a much knottier question. That merits of the bill and the predicament be an Amtrak bill. No Amtrak bill, no gets to who appoints the board and we find ourselves in as about the rule, access to capital. No Amtrak bill, no what is their role. I would urge that because that is what is important. The ability to go to the banks in the next that be held off for subsequent legisla- issue is whether or not we want to save month to extend its line of credit. tion, which I am pledged to work on Amtrak, and what I was impressed by, That is the other thing I forgot to with the majority in the next Congress. by the gentleman from New York [Mr. mention. We talked about accessing But by passing the reform legisla- SOLOMON] in the Committee on Rules capital that the Congress has already tion, the Senate bill today, then we can meeting, it seems like forever ago but approved. Amtrak in December needs immediately send this bill to the Presi- it was just Thursday night, I believe, to go back to the major banks to ex- dent. It does not even go back for a late Thursday night, but what I was tend its line of credit. If this reform conference. We can send this bill to the impressed by was his recognition, and I legislation does not pass, the chances President, and when the Amtrak re- think the recognition of the Commit- are likely it will not. form legislation has passed, they can tee on Rules, that something has to be Now, some have urged passing some access the capital for capital invest- done. kind of resolution, or we all put lan- ment, particularly modernizing the I say to my colleagues, the situation guage, happy talk, in the CONGRES- Northeast corridor, making sure the is this: If we want to save Amtrak, we SIONAL RECORD about the fact that Con- high-speed rail is installed. That is the have to pass a bill that can imme- gress loves Amtrak and as soon as it one section that turns a profit. They diately be approved by the Senate, or gets back in January or February it can get to the banks right away. They better yet, not go back to the Senate. will act on this. Do we want to take can get their line of credit. Amtrak is in this situation. If we that to the bank? I do not think so. But let us not kid ourselves. Vote for leave this House today or tomorrow or Amtrak does not want to take it ei- any other thing but the Senate lan- Friday and there has not been Amtrak ther. guage which will be in the motion to H10590 CONGRESSIONAL RECORD — HOUSE November 12, 1997 recommit, and we will vote to not save tion, because that will adopt the Sen- days reading this carefully. I have Amtrak. I wish I could say that there ate bill and permit this legislation im- made some discoveries which I think was some other way, but there is not. mediately to go to the President. should enlighten us in the House. One The position we are going to find our- In reality, there is no other way to is that they have an Amtrak reform selves in is that there will be a period save Amtrak. We are not going to be council, which I believe is acceptable of time for debate when this rule is ap- here much longer. The only way to to virtually everybody involved in this, proved, presuming it is approved. There save Amtrak is to approve the Senate which would give large control to the will be a period of time for debate. The bill and vote for the Oberstar motion House and to the Senate as sort of a first motion will be the Oberstar mo- to recommit. I urge my colleagues to super board overlooking the board of tion to recommit. take this very, very necessary and directors which would help decide the I urge my colleagues to recognize vital step. direction of Amtrak. And, most impor- that that motion is the only way we Ms. SLAUGHTER. Mr. Speaker, I tantly, we would have access to all the can save Amtrak, because what that yield myself such time as I may information which is needed. It would motion does is to strip out the House consume. provide us the information we need to language, add it onto the Senate bill, Mr. Speaker, if this rule is adopted, make the very, very important deci- and simply adopts the Senate-passed and I would like to restate what the sions in the financing and the future of legislation. That is the key vote, the gentleman said, if this rule is adopted, Amtrak. That is crucial. We are about Oberstar motion to recommit. the first vote during consideration of to yield $2.3 billion in capital improve- I want to say once again, particu- the bill will be on the Oberstar motion ments as well as operating expenses. larly to my colleagues on the other to adopt the Senate bill, and that truly We need to have that information. The side of the aisle, this is not done in any is the vote that will save Amtrak. Amtrak reform council does that. I way to confront the majority. This re- Mr. Speaker, I yield back the balance think it is important that we focus on committal motion is what I would con- of my time. that. sider the necessary measure to save Mr. SOLOMON. I yield myself such In addition, I think some of the sug- Amtrak, particularly fiscally. time as I may consume, Mr. Speaker. gestions which are being made by the But my pledge is, then, on the other Mr. Speaker, I would say to my gentleman from Pennsylvania [Mr. issues that have been raised in the friend, the gentlewoman from New SHUSTER] are very sound suggestions House bill, to immediately begin work- York [Ms. SLAUGHTER], that the gen- and ones we should also look at. I hope ing with the majority on whatever tleman from Pennsylvania [Mr. SHU- we would be able to sit down with the hearings they want to have, whatever STER], the chairman of the committee, Senate and perhaps resolve some of the markups; we will work with them, is on his way here. If she did need addi- differences that exist there. whatever negotiations they want, be- tional time, we would let her take I think, for example, giving up some cause Amtrak will not be finished at some of her time back, because now I of the voting rights of the stock owned this point. will have two speakers. So I would just by the Government is something which Those on the other side and those on inform her of that. may make some sense with respect to this side who say Amtrak needs to be Ms. SLAUGHTER. Mr. Speaker, I ask how we run Amtrak. When we look at revisited, they are correct. But at least unanimous consent to reclaim my the actual board and look at the dif- let us, for the first time in many years, time. ference between the Senate and House get Amtrak in a situation where it can The SPEAKER pro tempore (Mr. proposals, it is not that overwhelming. truly go to the banks in December with PETRI). Is there objection to the re- My view is this: We should have the reform, newly passed reform legisla- quest of the gentlewoman from New best people possible on that board who tion. York? are not politically motivated or an- Let us at least let Amtrak get to the There was no objection. swering to anybody who can run Am- banks in December with newly passed Mr. SOLOMON. Mr. Speaker, I yield 4 trak. If I had my druthers, frankly, I reform legislation that guarantees it minutes to the gentleman from Dela- would go out and pick the seven best the access to capital, that permits it to ware [Mr. CASTLE], the former Gov- managers of businesses I could find and get the line of credit. That is the most ernor. put them on that board and let them important thing that we can do for Mr. CASTLE. Mr. Speaker, let me run it. But I would hope we could come Amtrak, and then begin making the in- thank the distinguished chairman of up with something that would allow us vestments. the Committee on Rules. I have run to have the best board possible. Let me just say something about the over here, so I am a little out of The bottom line is, I hope we do not board of directors. I am happy to work breath, but I am delighted to be able to get in a position of passing a bill or re- on changing the makeup of the board be here. I did hear some of the debate. committing a bill over the objections of directors next year. The worst thing I know the gentleman from Pennsylva- of the chairman of the Committee on I think we can do today, at a time nia [Mr. SHUSTER] is also on his way. Transportation and Infrastructure when Amtrak has such fiscal instabil- I think it is very important that we without resolution of this with the ity, the worst thing we could do is try focus on the problems of Amtrak. I am Senate. I would hope in the next 24 to enact legislation that radically al- not going to get into the debate of the hours we could sit down with the Sen- ters a board of directors that has to go nitty-gritty of what has happened in ate and the House together and try to to negotiate for a line of credit in the the Senate, where it is now versus work out some compromise on which next few weeks. Let that process take where the House might go under the everybody can agree, so we can thwart place, if it must take place, let it take Committee on Transportation and In- and avoid the problem of an impasse place next year. frastructure. here in Congress in which we do not go Chairman SOLOMON made a good ob- But before we leave in the next 24 or forward with Amtrak. servation in the Committee on Rules. 48 hours, I hope that each and every We could wait perhaps, and perhaps This Congress goes out in the next cou- one of us will understand that the fu- there would not be economic failure, ple of days. It will not come back effec- ture of rail passenger transportation in but if that happens, when the waiting tively in January, except for the State the United States of America is at game begins in Congress, it tends to go of the Union Message. There will be hand. If we are not able to resolve the on and on. This is the moment, I think, some working time during February. problems which exist now, we run the for us to all act. The earliest we are looking at being distinct risk of potential failure of Am- I would hope that all parties involved able to bring Amtrak legislation back trak and the end of rail service as we in this could pay close attention to the up if we do not pass it today is March. know it now, or at least a worsening of details involved, we could resolve it, My guess is that it will probably be the problem. I do not know, frankly, if we could go forward and make Amtrak after that. it would go into bankruptcy. We hear a better passenger rail carrier, and we So therefore, once again, I urge my these things. could indeed be able to, at some point colleagues, I plead with my colleagues, I have looked at the Senate version a decade or two later, look at this as a to adopt the Oberstar recommittal mo- of this. I have spent the last couple of dark period in the life of passenger rail November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10591 traffic but understand that we have Slater, Secretary of the U.S. Depart- Delaware [Mr. CASTLE], who has been now fixed it and we now have made ment of Transportation, writing about very articulate and active in this, stat- America’s passenger rail service the the legislative situation today and ed it well, the need for continuing ne- best in the world, not just in this coun- strongly urging the House of Rep- gotiations and continuing discussions. try. resentatives to approve the recommit- Amtrak requires that. Our side stands We are not going to do it unless we tal motion to be offered by our ranking ready to work with the chairman and sit down and talk to one another. I member, the gentleman from Min- with others to make that happen. think we should continue to move for- nesota [Mr. OBERSTAR]. Mr. Speaker, I would just urge the ward, and I am glad the rule is moving He notes that the Senate bill that Members, once again, to support the forward, but I think we should work to- will be in the recommittal motion and Oberstar recommittal motion. It is the wards a final resolution of this. has passed the Senate unanimously, only way we can get this bill to the Ms. SLAUGHTER. Mr. Speaker, I the Lott-Hutchison bill, represents President quickly this week, knowing yield such time as he may consume to many weeks of negotiations and is a that if we vote down this recommittal the gentleman from West Virginia [Mr. compromise that passed unanimously. motion and we send the bill to the Sen- WISE]. If adopted without change, it will free ate, when we come back and are able to Mr. WISE. Mr. Speaker, I include for up to $2.2 billion in capital funding, not take up the Amtrak legislation, we will the RECORD a letter dated November 12, operation and maintenance but capital not recognize Amtrak from what it is 1997, from Rodney E. Slater, Secretary funding, that Amtrak desperately today. It will be significantly impaired of Transportation. needs to improve its equipment and in- financially, and we will have lost an in- The letter referred to is as follows: frastructure throughout the Nation. credible opportunity that we have been He also says that if the House adopts striving to get to for many years. DEPARTMENT OF TRANSPORTATION, the Senate-passed version of Senate THE SECRETARY OF TRANSPORTATION, b 1300 Washington, DC, November 12, 1997. bill 738, the President will sign this Hon. NEWT GINGRICH, bill. The administration intends to im- Ms. SLAUGHTER. Mr. Speaker, I re- Speaker of the House of Representatives, plement the Senate-passed Amtrak bill serve the balance of my time. Washington, DC. in a manner that is consistent with the Mr. SOLOMON. Mr. Speaker, I yield 5 DEAR MR. SPEAKER: The House of Rep- Constitution. He is adding his voice minutes to the gentleman from Penn- resentatives is scheduled to consider a sub- and that of the administration to the sylvania [Mr. SHUSTER], one of the stitute amendment to S. 738, the ‘‘Amtrak urging that the House adopt the Senate Members that has been a Member of Reform and Accountability Act of 1997.’’ I language in the Oberstar recommittal this body longer than we have, and am writing to urge strongly that the House motion. of Representatives approve the motion to be there are not many of them anymore. offered by Representative Oberstar to recom- Mr. Speaker, I think it should be He is chairman of the Committee on mit the bill, thus enabling passage of the noted that the Senate-passed language, Transportation and Infrastructure that Senate Amtrak reform legislation. as I have noted previously, contains I used to serve on, and he is one of the Legislation has passed the Senate to re- significant labor and liability reforms. most respected Members of this body. form Amtrak, thus enabling it to serve bet- The contracting-out provisions that (Mr. SHUSTER asked and was given ter as a national passenger rail system. That have proved so nettlesome in this body, permission to revise and extend his re- bill, S. 738, would afford Amtrak the ability the labor protection provisions, par- to undertake significant reforms with its marks and to include extraneous mate- ticularly dealing with the up to the rial.) workforce and position Amtrak to address possible 6 years of labor protection, al- better future liability issues. The Senate bill Mr. SHUSTER. Mr. Speaker, I thank represents many weeks of negotiations and though in reality I believe it averaged my good friend the gentleman from is a compromise that passed unanimously. If out about to $1,000 per severed em- New York [Mr. SOLOMON] for yielding adopted without change, it will free up $2.3 ployee in the past 2 years, those provi- me the time. billion in capital funding that Amtrak des- sions have all been compromised and Mr. Speaker, I am sure it is well- perately needs to improve its equipment and have become the subject of collective known that from the very beginning infrastructure throughout the nation. bargaining. my objective has been to save Amtrak, Instead, an amendment has been included On the liability provisions, for the in the Rule accompanying the Amtrak bill although there are some in this body first time there is a global cap of $200 and the other body who would just as dealing with the Board of Directors that million on liability related to pas- soon see it go into bankruptcy. And to could have grave implications for the future sengers, Amtrak passengers. They were of Amtrak. The proposed amendment is in- save it, we have said from the begin- able also to reach agreement on the tended to substantially change the manner ning that we need to change the labor troublesome area of both punitive dam- in which the Amtrak Board is appointed. protection, we need to reform it, we This approach is unnecessary and will ages and indemnification. They did what Congress here with need to reform liability. And there are present serious problems as Amtrak ap- other things as well which we believe proaches its most critical and uncertain the House has constantly ground to a time. Perhaps more importantly, House ac- halt on, and that is not because people need to be done. tion making controversial changes to the have not tried. Chairman Shuster has But the labor provisions and the li- Senate-passed bill is likely to delay final been very active in trying, and our ability provisions are very, very cru- passage, thus delaying the release of the $2.3 side, as well. But they were able to ac- cial. And, indeed, the Senate has acted. billion and casting doubts on Amtrak’s fi- complish this and then passed it unani- There are provisions in those areas of nancial future. labor reform and liability reform and Concerns have been raised in recent days mously. We ought to take advantage of their labors and their accomplish- contracting out, which is a subset of about the constitutionality of the Amtrak labor, that are not as strong as many Board. Let me assure you that if the House ments. adopts the Senate-passed version of S. 738 We also ought to note that it is not would like them to be, but, neverthe- the President will sign this bill. This Admin- easy over here. This bill has been less, they are acceptable. So the big- istration intends to implement the Senate- pulled four times alone from this floor gest stumbling blocks that have been passed Amtrak bill in a manner that is con- because we were not able to reach before us are, indeed, now acceptable. sistent with the Constitution. agreement on these very, very difficult There is, however, at least one addi- Amtrak needs reform to become the na- issues. Now we have a bill before us on tional factor which is of extreme im- tional passenger rail system that this nation which all the parties have signed off, portance. And in a few moments, I will needs and deserves. At stake is the ability of add an entirely new dimension to the Congress to pass legislation that will help labor, management, on the liability is- ensure Amtrak’s long-term financial stabil- sues, a wide range of groups, they have extraordinary importance of our deal- ity. I urge the House to oppose changes to S. signed off on it. We can pass that bill ing with a restructuring of the board. 738 and that it act to send this bill, without today and we can have it on its way to Many of us believe, and of course we re- change, to the President for his signature. the President, and Amtrak then has spect the other body, but the last time Sincerely, passed the reform legislation that is so we checked the Constitution, this was RODNEY E. SLATER. vital to it. a bicameral legislature. This House is Mr. WISE. Mr. Speaker, I have just Does it close the book on Amtrak not a potted plant. We have an obliga- been handed a letter from Secretary legislation? No. The gentleman from tion to do what we believe is right as H10592 CONGRESSIONAL RECORD — HOUSE November 12, 1997 well, and then work together with the it up so we can be back here early next read to require Amtrak to adhere to the rec- other body in attempting to craft an year if we fail to work something out ommendations of the GAO, the GAO would acceptable compromise. today and tomorrow, so we can be back exercise executive authority. This would vio- The one area in which we have great late the anti-aggrandizement principle. See as early next year as possible to deal id. at 727–34. To avoid the serious constitu- difficulty is in the area of the structure with it so that whatever we bring to tional question that such a reading would of the board. We believe that for the the floor will be constitutional rather present, we interpret section 204(c)(2) as di- proposed reforms to be meaningful, to than unconstitutional. I hope and I feel recting Amtrak to consider, rather than to actually be put in place, that we must great responsibility to make that very adopt, any recommendations made by the have a board of directors which is a clear to my colleagues. GAO regarding the liquidation plan. See Ed- more independent, more business-ori- Mr. Speaker, I include for the mond v. United States, 117 S. Ct. 1573, 1578 (1997) (Court avoids interpreting act in man- ented board of directors. And so, to RECORD the letter from the Justice De- ner that could be clearly unconstitutional if that end, that is exactly what we have partment. another reasonable interpretation available); U.S. DEPARTMENT OF JUSTICE, proposed. NLRB v. Catholic Bishop of Chicago, 440 U.S. OFFICE OF LEGISLATIVE AFFAIRS, It is, interestingly, ironically essen- 490, 500 (1978) (Court will decline to read act Washington, DC, July 24, 1997. tially what my good friend the gen- so as to give rise to a serious constitutional Hon. JOHN MCCAIN, tleman from Minnesota [Mr. OBER- question). Chairman, Committee on Commerce, Science and STAR], the ranking Democrat of the Transportation, U.S. Senate, Washington, 2. Section 411: Amtrak’s Board of Directors committee, proposed in the legislation DC. Amtrak is a government-created and gov- as it was working its way through the DEAR MR. CHAIRMAN: This letter presents ernment-controlled corporation. See Rail committee. So this is not something the views of the Department of Justice on Passenger Service Act of 1970 § 101, 84 Stat. that is dropped on us out of the sky. It the reported bill, S. 738, the ‘‘Amtrak Re- 1328; 49 U.S.C. 49 U.S.C. § 24302(a). Amtrak’s is something which in the past has had form and Accountability Act of 1997.’’ We charter sets forth the ‘‘public interest have several concerns about the role of the ‘goals’ ’’ that Congress intended for it to pur- bipartisan support. Nevertheless, we sue, and its structure allows the federal gov- are told that there is opposition to it General Accounting Office (‘‘GAO’’) in devel- oping a liquidation plan and the proposed ernment to exert control ‘‘not as a creditor now. competition of the Amtrak board of direc- but as a policy maker.’’ Lebron v. National I point out that our proposal gives tors. R.R. Passenger Corp., 513 U.S. 374, 399 (1995). the President the ability to appoint the Section 204 of the bill could be read to di- In Lebron, the Supreme Court held that seven members in some consultation rect Amtrak to incorporate recommenda- Amtrak is a Federal government entity for with the leaders of the House and the tions of the GAO into its liquidation plan. the purpose of determining whether it has Senate. We think that is reasonable, Such a construction would violate the con- violated an individual’s First Amendment stitutional separation of powers doctrine. rights. Id. at 400. While the First Amend- and we support that. However, and let ment was the only constitutional provision me emphasize this, there is an entirely Section 411 of the bill would amend 49 U.S.C. § 24302(a), which governs the composition of at issue in Lebron, the Court did characterize new dimension to this entire issue now, Amtrak’s board of directors. Because certain Amtrak as ‘‘an agency of the Government, and that new dimension, which I have directors would not be appointed in conform- for purposes of the constitutional obligations just been made aware of, is that the ity with the Appointments Clause of the of Government * * * ’’ id. at 399. We see ‘‘no Justice Department says that the Constitution, art. II, § 2, cl. 2, it is likely that principled basis for distinguishing between makeup of the board in the Senate bill the statute’s vesting of significant authority the status of a federal entity vis-a-vis con- coming to us is unconstitutional. Let in the board is unconstitutional. stitutional obligations relating to individual 1. Section 204: Action Plans rights and vis-a-vis the structural obliga- me repeat that. The Justice Depart- The bill would establish an ‘‘Amtrak Re- tions that the Construction imposes on fed- ment informs us that the makeup of form Council’’ composed of nine members.1 eral entities.’’ Memorandum for the General the board as coming to us in the Sen- Section 204 calls for the development of two Counsels of the Federal Government, from ate bill is unconstitutional. It violates action plans if the Council finds that Am- Walter Dellinger, Assistant Attorney Gen- the appointments clause. trak business performance will prevent it eral, Office of Legal Counsel, Re: The Con- That adds a whole new dimension to from meeting the financial goals set forth in stitutional Separation of Powers between the this debate. It is no longer a question section 201, or if it finds that Amtrak will President and Congress at 27 n.71 (May 7, 1996) of whether we simply think our struc- need grant funds more than five years after (‘‘Dellinger Memo’’). We therefore believe ture of the board is better than the enactment of the bill. The Council is to con- that under its best reading, Lebron implies struct and submit to Congress an action plan that any official of Amtrak who exercises structure of the board proposed by providing for a ‘‘rationalized intercity rail significant authority must be appointed pur- somebody else. It is beyond our con- passenger system.’’ Amtrak is to develop an suant to the Appointments Clause, U.S. trol. The Justice Department says it is action plan for ‘‘the complete liquidation of Const. art. II, § 2. See generally Buckley v. unconstitutional. Amtrak.’’ Amtrak must submit its plan to Valeo, 424 U.S. 1, 124–26 (1976) (per curiam). As chairman of the committee, I Congress ‘‘after having the plan reviewed by S. 738 would vest significant authority in would be derelict in my duties if I were the Inspector General of the Department of the Amtrak board. Amtrak is to ‘‘operate as to bring this bill to the floor recogniz- Transportation and the General Accounting a national rail passenger transportation sys- ing that it has been said by the Justice Office for accuracy and reasonableness.’’ tem which provides access to all areas of the Section 204(c). If Congress has not enacted a country.’’ section 101(a). The Amtrak direc- Department that what I bring to the law to establish a restructured and rational- tors have the authority to make significant floor is unconstitutional. Therefore, ized rail system within ninety days of receiv- discretionary decisions regarding the acqui- unless we can get agreement, I shall ing the actions plans, the bill directs Am- sition ‘‘operation and maintenance of equip- not bring this bill to the floor. Unless trak to implement its liquidation plan ‘‘after ment and facilities necessary for intercity we can get agreement, I will imme- such modification as may be required to re- and commuter rail passenger transportation, diately move to hold hearings that deal flect the recommendations, if any, of the In- the transportation of mail and express, and with the constitutionality to invite the spector General of the Department of Trans- auto-ferry transportation.’’ 49 U.S.C. Justice Department to come up and portation and the General Accounting Of- § 24305(a). Amtrak also ‘‘may acquire by emi- fice.’’ Section 204(c)(2). nent domain’’ property ‘‘necessary for inter- testify. And only when we can satisfy The GAO is an arm of the Congress. See 31 city rail passenger transportation.’’ id. ourselves that whatever we do is con- U.S.C. §§ 702–03 (GAO is independent of the § 24311(a). We therefore think it apparent stitutional, then we can move ahead to executive departments and headed by Comp- that the bill would vest significant authority save Amtrak. troller General; Comptroller General remov- in the Amtrak board. As such, the directors So unless we can work this out, I able by impeachment or by joint resolution must be appointed in conformity with the again want to emphasize, No. 1, the of Congress for cause); Bowsher v. Synar, 478 Appointments Clause. Justice Department says the bill as U.S. 714 (1986) (Comptroller General is sub- A. Directors required to be chief executive offi- sent to us by the Senate is unconstitu- ject to the control of Congress). The con- cers of a State or municipality stitutional separation of powers doctrine for- tional. No. 2, as chairman of the com- Section 411 of the bill would amend 49 bids Congress from aggrandizing itself by en- U.S.C. § 24302(a)(1)(C) to require the President mittee, I will not bring this bill to the acting legislation that confers non-legisla- floor unless we can work this out in to appoint four members of the Amtrak tive authority on Congress, its agents, its board with the advice and consent of the some fashion. And No. 3, also as chair- appointees, or anyone subject to its direct Senate. Among these four directors are to man of the committee, I will move im- control. See, e.g., id. If section 204(c)(2) were be: mediately to hold hearings on the con- one chief executive officer of a State, and stitutionality question so we can clear Footnotes at end of article. one chief executive officer of a municipality, November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10593 selected from among the chief executive offi- Thank you for the opportunity to present Amtrak access the capital that this cers of State[s] and municipalities with an our views. Please contact us if we may be of Congress voted for to give Amtrak the interest in rail transportation. further assistance. The Office of Manage- ability to do. Section 411(2). ment and Budget has advised us that from I would urge support of the Oberstar Limiting the eligible appointees to these the standpoint of the Administration’s pro- gram, it has no objection to submission of recommittal motion, pass the basic chief executive officers does not leave suffi- legislation now, and come back later in cient ‘‘scope for the judgment and will of the this letter. person or body in whom the Constitution Sincerely, the next few months and work on the vests the power of appointment.’’ Civil Serv- ANDREW FOIS, very genuine concerns of the chairman, ice Commission, 13 Op. Att’y Gen. 516, 520–21. Assistant Attorney General. the gentleman from Pennsylvania [Mr. We suggest eliminating the requirement that FOOTNOTES SHUSTER]. the nominees be chief executive officers of a 1 The Council will be composed of the Secretary of Mr. SOLOMON. Mr. Speaker, I am State and a municipality. The statute in- Transportation, two individuals appointed by the prepared to close if the gentlewoman stead might provide for the President to ap- President, two individuals appointed by the Major- from New York [Ms. SLAUGHTER] would point directors with expertise in local gov- ity Leader of the Senate, one member appointed by the Minority Leader of the Senate, two individuals like to yield back her time. ernment, or to consult with one or more as- Ms. SLAUGHTER. Mr. Speaker, I sociations of State and local government of- appointed by the Speaker of the House, and one indi- ficials before making these appointments. vidual appointed by the Minority Leader of the yield back the balance of my time. House. Section 203. Mr. SOLOMON. Mr. Speaker, I yield B. Directors appointed by the President alone 2 We do not think that these more general quali- Three of the directors would be appointed fications limit the class of potential nominees as myself such time as I may consume. I solely by the President. One is to be a rep- significantly as does the requirement that two di- will be as brief as I can. resentative of a commuter authority, one is rectors be chief executive officers of a State and of But let me just say that what has to have expertise in finance and accounting a municipality. happened to the railroad system in this 3 We do not address any other constitutional issues principles, and one is to be a representative that might be raised by this appointment. country is so, so sad. I sort of grew up, of the general public.2 Section 411(5). While Ms. SLAUGHTER. Mr. Speaker, I beginning back in 1930, and we had a principal officers must be appointed by the yield the remainder of my time to the good railroad system in this country. President with the advice and consent of the And then something happened to it. Senate, Congress may provide for the ap- gentleman from West Virginia [Mr. pointment of inferior officers by the Presi- WISE]. Today, we are the greatest Nation in dent alone, the head of a department, or a Mr. WISE. Mr. Speaker, let me re- the world, and yet we have the worst court of law. See Buckley, 424 U.S. at 132. Ac- spond very quickly to the statements railroad system in the world of any in- cordingly, vesting the authority to make of the gentleman from Pennsylvania dustrialized nation in the world. Some- these appointments in the President is per- [Mr. SHUSTER], the distinguished chair- thing happened. missible if the directors are inferior officers. man. I guess back in the Eisenhower days, ‘‘The line between ‘inferior’ and ‘principal’ they began to develop the national officers is one that is far from clear,’’ Morri- First of all, in terms of the constitu- son v. Olson, 487 U.S. 654, 671 (1988), and ‘‘[t]he tionality, the letter that I have from road system, which is now adminis- nature of each government position must be Secretary Slater contests that. And, of tered by each individual State with all assessed on its own merits.’’ Silver v. United course, the proper place for that is to the interstate highways that we have. States Postal Serv., 951 F.2d 1033, 1040 (9th Cir. be discussed over months. But the re- But yet, we never did anything to try 1991). ‘‘Inferior’’ does not mean ‘‘petty or un- ality is that the Amtrak board, which to solve the problems of the railroads. important.’’ See United States Attorneys—Sug- if it were to continue under the Senate I do not know what the answer is. gested Appointment Power of the Attorney Gen- language, has been in existence for a Sometimes I wonder, you know, the eral, 2 Op. O.L.C. 58, 58–59 (1978). ‘‘Generally speaking, the term ‘inferior officer’ connotes long time for many, many years. All of States on behalf of the Federal Govern- a relationship with some higher ranking offi- a sudden we are now hearing concerns ment own the beds of all the interstate cer or officers below the President . . . .’’ about the unconstitutionality of it. highways throughout this country, and Edmond, 117 S. Ct. at 1580. As such, the work At any rate, that is something that maybe the States on behalf of the Fed- of an inferior officer will usually be ‘‘di- can be resolved at a more leisurely eral Government ought to own the rail- rected and supervised at some level by others pace over the next months, but should road beds and then let the free enter- who were appointed by presidential nomina- not be something that can be taken up prise system work. I do not know what tion with the advice and consent of the Sen- on the floor today or tomorrow. And it the answer is, but it is a shame, be- ate.’’ Id. at 1581. Accordingly, ‘‘an officer re- sponsible only to the President for the exer- also should be noted that, in the Sen- cause we need a viable railroad system cise of significant discretion in decision ate legislation, there is a reform board in this country, and we need Amtrak. making is probably a principal officer.’’ that has some teeth in it as well, an My good friend, the gentleman from Dellinger Memo at 30. ‘‘[A]n officer who is oversight panel that is appointed that West Virginia [Mr. WISE], who left the subject to control and removal by an officer goes, I believe, partly to addressing the floor, he is noted for a Member that other than the President should be deemed concerns of the chairman. does his homework. He certainly ar- presumptively inferior.’’ Id. The second is that I am interested ticulates his position. Unfortunately, I We think it unlikely that these three di- because it was the chairman that I be- just have to agree with him, we agree rectorships can be characterized as inferior offices. The Amtrak board exercises broad lieve was just a couple weeks ago re- that we must, must save Amtrak. But authority over nationwide rail service. See 49 peating my words in debate 2 years I do not believe that the legislation be- U.S.C. § 24302(f) (board may adopt bylaws ago, and he was talking about the need fore us, the Senate legislation, can governing the operation of Amtrak). The to pass this legislation immediately. pass. It cannot satisfy members of the board appoints the President of Amtrak, as Well, now I am reciting the words of Committee on Transportation and In- well as all other officers of the corporation. the chairman, because it is important frastructure. It cannot satisfy the Id. § 24303(a) and (b). Finally, the members of to pass this legislation immediately Members of this body. the Amtrak board are directly responsible to and also to recognize that it is not a Consequently, if we pass the amend- the President and to no other Executive offi- cer. We therefore recommend that section finished product and that the legisla- ment that the gentleman from Penn- 411 be amended to provide for the appoint- tion that we pass today is the basic re- sylvania [Mr. SHUSTER] is proposing to ment of these directors by the President form of Amtrak, and then we can come the Senate bill, I think there is ample with the advice and consent of the Senate. back and deal with the issues of the time over in the Senate to take up the C. Amtrak’s president board as well. measure, since both Houses really will The president of Amtrak serves as a direc- I am concerned about one statement be in a position of treading water from tor on the Amtrak board. 49 U.S.C. I heard, which is, if we do not reach now until the time we adjourn, just 24302(a)(1)(B). The Amtrak president is ap- agreement today on this board matter, waiting for these four appropriations pointed by the board, and serves as its chair- the bill gets pulled. If the bill gets bills to be adopted so that we can go man. 49 U.S.C. 24303 (a). Because a majority pulled, I think we have got a signifi- home. of the directors who would appoint the Am- cantly different Amtrak when we get That is why I was sad to see us not be trak president would not themselves be ap- pointed in conformity with the Appoint- back. And I would sure hate for us to able to take the vote on the two-thirds ments Clause, the president’s appointment worry about angels dancing on the rule that we just debated a few minutes does not comply with the Appointments heads of pins when we have a chance to ago, because once we had done that, Clause.3 pass a significant legislation that lets then we could take up the Amtrak bill, H10594 CONGRESSIONAL RECORD — HOUSE November 12, 1997 and we could send it over to the Sen- The proliferation of weapons of mass mously approved the CWC and the Rus- ate, and it would give them an extra 5 destruction continues to pose an un- sian government deposited its instru- or 6 hours to deal with this matter. usual and extraordinary threat to the ment of ratification. Russia’s ratifica- But, unfortunately, that cannot happen national security, foreign policy, and tion makes it possible for Russia to now because all the votes are going to economy of the United States. There- join the United States in playing a be delayed until 5. fore, I am advising the Congress that leadership role in ensuring that all of So, again, I would just say that we the national emergency declared on the Convention’s benefits are realized. must, must make sure that we are November 14, 1994, and extended on No- Given Russia’s financial situation going to go away from here this week- vember 14, 1995 and November 14, 1996, during this difficult period of transi- end with the Amtrak legislation taken must continue in effect beyond Novem- tion to a market economy, serious con- care of, because Amtrak, in my opin- ber 14, 1997. Accordingly, I have ex- cerns have been raised about the high ion, will not be solvent. The gentleman tended the national emergency de- costs of environmentally sound de- from West Virginia [Mr. WISE] repeated clared in Executive Order 12938 and struction of the large stocks of chemi- my remarks up in the Committee on have sent the attached notice of exten- cal weapons Russia inherited from the Rules Sunday, in which I said there sion to the Federal Register for publica- former Soviet Union. Through the Co- would be no meaningful legislation tion. operative Threat Reduction Program, taken up during the month of January. The following report is made pursu- we are working with Russia to help ad- We will be off most of the month of ant to section 204(c) of the Inter- dress these complex problems, and we will continue to do so now that Russia January, coming back for only a day or national Emergency Economic Powers has ratified the CWC. two. And then much of the month of Act (50 U.S.C. 1703(c)) section 401(c) of the National Emergencies Act (50 The Organization for the Prohibition February is taken up with the work pe- of Chemical Weapons (OPCW) has been riod over the Presidential recess pe- U.S.C. 1641(c)), regarding activities taken and money spent pursuant to the established to achieve the object and riod. purpose of the CWC, to ensure the im- So I just hope we can pass this rule emergency declaration. Additional in- formation on nuclear, missile, and/or plementation of its provisions and pro- and we can pass the legislation that vide a forum for consultation and co- will follow it so that we can pass and chemical and biological weapons (CBW) nonproliferation efforts is contained in operation among States Parties. The get legislation dealing with the sol- executive organ of the OPCW, the Ex- vency of Amtrak into the law before we the most recent annual Report on the Proliferation of Missiles and Essential ecutive Council, has met five times go home this weekend. since May to oversee decisions related Mr. Speaker, I yield back the balance Components of Nuclear, Biological and Chemical Weapons, provided to the to inter alia data declarations, inspec- of my time, and I move the previous tions, and organizational issues. The question on the resolution. Congress pursuant to section 1097 of the National Defense Authorization United States plays an active role in The previous question was ordered. ensuring effective implementation of The SPEAKER pro tempore. The Act for Fiscal Years 1992 and 1993 (Pub- lic Law 102–190), also known as the the Convention. question is on the resolution. The CWC is an ambitious undertak- ‘‘Nonproliferation Report,’’ and the The question was taken; and the ing by the world community to ban an most recent annual report provided to Speaker pro tempore announced that entire class of weapons of mass de- the Congress pursuant to section 308 of the ayes appeared to have it. struction. Its members have committed the Chemical and Biological Weapons Ms. SLAUGHTER. Mr. Speaker, on themselves to totally eliminating that, I demand the yeas and nays. Control and Warfare Elimination Act chemical weapons stocks and produc- The yeas and nays were ordered. of 1991 (Public Law 102–182), also known tion facilities, prohibiting chemical The SPEAKER pro tempore. Pursu- as the ‘‘CBW Report.’’ weapons-related activities, banning as- ant to clause 5 of rule I, further pro- CHEMICAL AND BIOLOGICAL WEAPONS sistance for such activities and re- ceedings on this motion will be post- The three export control regulations stricting trade with non-Parties in cer- poned until later today. issued under the Enhanced Prolifera- tain relevant chemicals. Destruction of tion Control Initiative (EPCI) re- f U.S. chemical weapons stocks is mov- mained fully in force and continue to ing forward. Other CWC States Parties CONTINUATION OF EMERGENCY be applied in order to control the ex- have now taken on a similar task, and REGARDING WEAPONS OF MASS port of items with potential use in we are working hard with the other DESTRUCTION—MESSAGE FROM chemical or biological weapons or un- members of the CWC to make member- THE PRESIDENT OF THE UNITED manned delivery systems for weapons ship in this treaty universal. STATES (H. DOC. NO. 105–169) of mass destruction. The United States is determined to Chemical weapons continue to pose a The SPEAKER pro tempore [Mr. ensure full implementation of the con- very serious threat to our security and PETRI] laid before the House the follow- crete measures in the CWC that will that of countries friendly to us. On ing message from the President of the raise the costs and the risks for any April 29, 1997, the Convention on the United States; which was read and, to- state or terrorist attempting to engage Prohibition of the Development, Pro- gether with the accompanying papers, in chemical weapons-related activities. duction, Stockpiling and Use of Chemi- without objection, referred to the Com- The CWC’s declaration requirements cal Weapons and on Their Destruction mittee on International Relations and will improve our knowledge of possible (the ‘‘Chemical Weapons Convention’’ ordered to be printed: chemical weapons activities, whether or (CWC)) entered into force with 87 of conducted by countries or terrorists. To the Congress of the United States: the CWC’s 165 signatories as original Its inspection provisions provide for ac- On November 14, 1994, in light of the States Parties. The United States was cess to declared and undeclared facili- dangers of the proliferation of nuclear, among their number, having deposited ties and locations, thus making clan- biological, and chemical weapons its instrument of ratification on April destine chemical weapons production (‘‘weapons of mass destruction’’— 25. As of November 5, 104 countries had and stockpiling more difficult, more (WMD)) and of the means of delivering become States Parties. risky, and more expensive. such weapons, I issued Executive Order Russia did not complete its legisla- Countries that refuse to join the CWC 12938, and declared a national emer- tive approval process in time to be will be politically isolated and banned gency under the International Emer- among the original CWC States Par- from trading with States Parties in gency Economic Powers Act (50 U.S.C. ties. In our March meeting in Helsinki, certain key chemicals. The relevant 1701 et seq.). Under section 202(d) of the President Yeltsin did, however, assure Treaty provision is specifically de- National Emergencies Act (50 U.S.C. me of his understanding of the impor- signed to penalize in a concrete way 1622(d)), the national emergency termi- tance of the CWC to Russia’s own secu- countries that refuse to join the rest of nates on the anniversary date of its rity. On October 31, 1997, the Russian the world in eliminating the threat of declaration, unless I publish in the Fed- Duma (lower house) approved ratifica- chemical weapons. eral Register and transmit to the Con- tion of the CWC. On November 5, 1997, The United States also continues to gress a notice of its continuation. the Russian Federation Council unani- play a leading role in the international November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10595 effort to reduce the threat from bio- tion of chemical weapons. Given this (RPOC). At the RPOC, MTCR Partners logical weapons. We are an active par- understanding, the AG members also engaged in useful discussions of re- ticipant in the Ad Hoc Group striving reaffirmed their commitment to con- gional missile proliferators’ concerns, to create a legally binding protocol to tinuing the Group’s activities now that as well as steps the Partners could strengthen and enhance compliance the CWC has entered into force. take to increase transparency and out- with the Convention on the Prohibition The AG also reaffirmed its commit- reach to nonmembers. of the Development, Production and ment to continue to provide briefings In July 1997, the United States also Stockpiling of Bacteriological (Biologi- for non-AG countries, and to promote played a leading role at the Swiss- cal) and Toxin Weapons and on Their regional consultations on export con- hosted MTCR workshop on the licens- Destruction (the ‘‘‘Biological Weapons trols and nonproliferation to further ing and enforcement aspects of trans- Convention’’ or (BWC)). This Ad Hoc awareness and understanding of na- shipment. The workshop was successful Group was mandated by the September tional policies in these areas. in focusing attention on the enforce- 1994 BWC Special Conference. The During the last 6 months, we contin- ment problems raised by proliferators’ Fourth BWC Review Conference, held ued to examine closely intelligence and misuse of transshipment and fostered a in November 1996, commended the work other reports of trade in chemical productive exchange of ideas on how done by the Ad Hoc Group and urged it weapons-related material and tech- countries can better address such ac- to complete the protocol as soon as nology that might require action, in- tivity. possible but not later than the next Re- cluding evaluating whether sanctions The United States worked unilater- ally and in coordination with its MTCR view Conference to be held in 2001. A under the Chemical and Biological Partners to combat missile prolifera- draft rolling text was introduced by Weapons Control and Warfare Elimi- tion and to encourage nonmembers to the Chairman at the July Ad Hoc nation Act of 1991 were warranted. In export responsibly and to adhere to the Group session. Work is progressing on May 1997, we imposed sanctions on MTCR Guidelines. Since the last re- seven Chinese entities and one Hong insertion of national views and clari- port, we have continued our missile Kong company for knowingly and ma- fication of existing text, largely drawn nonproliferation dialogue with China, terially contributing to Iran’s CW pro- from the consultative phase of Ad Hoc the Republic of Korea (ROK), North gram through the export of dual-use Group work since 1994. Three-week ses- Korea (DPRK), and Ukraine. In the chemical precursors and/or chemical sions are scheduled for January, July, course of normal diplomatic relations, and September of 1998. Another 2-week production equipment and technology. we also have pursued such discussions session will be scheduled for either In September 1997, we imposed sanc- with other countries in Central Europe, March or December of 1998. Early com- tions on a German citizen and a Ger- the Middle East, and Asia. pletion of an effective BWC protocol is man company determined to have been In June 1997, the United States and high on our list of nonproliferation involved in the export of chemical pro- the DPRK held a second round of mis- goals. duction equipment to Libya’s CW pro- sile talks, aimed at freezing the The United States continues to be a gram. DPRK’s indigenous missile develop- leader in the Australia Group (AG) The United States continues to co- ment program and curtailing its mis- chemical and biological weapons non- operate with its AG partners in stop- sile-related export activities. The proliferation regime. Last year, the ping shipments of proliferation con- DPRK appeared willing to consider United States supported the entry into cern. By sharing information through limits on its missile-related exports, in the AG of the Republic of Korea, which diplomatic and other channels, we and return for sanctions-easing measures, became the group’s 30th member in our AG partners have been successful but did not engage in discussion of lim- time for the October 1996 plenary. in interdicting various shipments des- its on its missile development pro- The United States attended this tined to CBW programs. gram. We intend to pursue further mis- year’s annual AG plenary session from MISSILES FOR WEAPONS OF MASS DESTRUCTION sile talks with the DPRK. October 6–9, 1997, during which the DELIVERY In July 1997, we held another round of Group continued to focus on strength- During the reporting period, the nonproliferation talks with the ROK. ening AG export controls and sharing United States carefully controlled ex- These talks were productive and made information to address the threat of ports that could contribute to un- progress toward facilitating ROK mem- CBW terrorism. At the behest of the manned delivery systems for weapons bership in the MTCR. United States, the AG first began in- of mass destruction and closely mon- In response to reports that Iran had depth political-level discussion of CBW itored activities of potential missile acquired sensitive items from Russian terrorism during the 1995 plenary ses- proliferation concern. We also contin- entities for use in Iran’s missile devel- sion following the Tokyo subway nerve ued to implement U.S. missile sanc- opment program, the United States in- gas attack earlier that year. At the tions law, in cases where sanctionable tensified its high-level dialogue with 1996 plenary, the United States urged activity was determined to have oc- Russia on this issue. We held a number AG members to exchange national curred. In August 1997, we imposed of productive discussions with senior points of contact for AG terrorism sanctions against two North Korean Russian officials aimed at finding ways matters. At the 1997 plenary, the AG entities determined to have engaged in the United States and Russia can work accepted a U.S. proposal to survey all missile proliferation activities. Similar together to prevent Iran’s ballistic AG members on efforts each has taken sanctions imposed in May 1996 remain missile development program from ac- to counter this threat. in effect against two entities in Iran quiring Russian technology and equip- The Group also reaffirmed the mem- and one entity in North Korea for ment. This process is continuing. bers’ collective belief that full adher- transfers involving Category II Missile NUCLEAR WEAPONS ence to the CWC and the BWC is the Technology Control Regime (MTCR) In a truly historic landmark in our best way to achieve permanent global Annex items. efforts to curb the spread of nuclear elimination of CBW, and that all states During this reporting period, MTCR weapons, the 50th U.N. General Assem- adhering to these Conventions have an Partners continued to share informa- bly on September 10, 1996, adopted and obligation to ensure that their na- tion about proliferation problems with called for signature of the Comprehen- tional activities support this goal. each other and with other potential sive Nuclear Test Ban Treaty (CTBT), AG participants continue to seek to supplier, consumer, and transshipment negotiated over the previous 21⁄2 years ensure that all relevant national meas- states. Partners also emphasized the in the Conference on Disarmament in ures promote the object and purposes need for implementing effective export Geneva. The overwhelming passage of of the BWC and CWC. The AG nations control systems. This cooperation has this U.N. resolution (158–3–5) dem- reaffirmed their belief that existing na- resulted in the interdiction of missile- onstrates the CTBT’s strong inter- tional export licensing policies on related materials intended for use in national support and marks a major chemical weapons-related items fulfill missile programs of concern. success for United States foreign pol- the obligation established under Arti- The United States was an active par- icy. On September 24, 1996, I and other cle I of the CWC that States Parties ticipant in the MTCR’s June 1997 Rein- international leaders signed the CTBT never assist, in any way, the acquisi- forced Point of Contact Meeting in New York. H10596 CONGRESSIONAL RECORD — HOUSE November 12, 1997 During 1997, CTBT signatories have ports in accordance with the NSG Resolution 319; and House Resolution conducted numerous meetings of the guidelines. 314, as amended. Preparatory Commission in Vienna, EXPENSES There was no objection. seeking to promote rapid completion of Pursuant to section 401(c) of the Na- f the International Monitoring System tional Emergencies Act (50 U.S.C. established by the Treaty. On Septem- 1641(c)), I report that there were no ex- PROVIDING FOR CONSIDERATION ber 23, I transmitted the CTBT to the penses directly attributable to the ex- OF S. 738, AMTRAK REFORM AND Senate, requesting prompt advice and ercise of authorities conferred by the ACCOUNTABILITY ACT OF 1997 consent to ratification. declaration of the national emergency The SPEAKER pro tempore. The The CTBT will serve several United in Executive Order 12938 during the pending business is the question of States national security interests in semiannual reporting period. agreeing to House Resolution 319 on banning all nuclear explosions. It will WILLIAM J. CLINTON. which the yeas and nays are ordered. constrain the development and quali- THE WHITE HOUSE, November 12, 1997. The Clerk read the title of the resolu- tative improvement of nuclear weap- f tion. ons; end the development of advanced The SPEAKER pro tempore. The RECESS new types; contribute to the preven- question is on the resolution. tion of nuclear proliferation and the The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- process of nuclear disarmament; and ant to clause 12 of rule I, the Chair de- vice, and there were—yeas 324, nays 72, strengthen international peace and se- clares the House in recess until ap- not voting 36, as follows: curity. The CTBT marks an historic proximately 5 p.m. today. [Roll No. 629] milestone in our drive to reduce the Accordingly (at 1 o’clock and 14 min- YEAS—324 nuclear threat and to build a safer utes p.m.), the House stood in recess world. until approximately 5 p.m. today. Abercrombie DeLay Jenkins Formal preparations for the year 2000 Aderholt Diaz-Balart Johnson (CT) b 1705 Andrews Dickey Johnson (WI) Review Conference for the Treaty on Archer Dixon Johnson, E. B. the Non-Proliferation of Nuclear Weap- AFTER RECESS Armey Doolittle Johnson, Sam ons (NPT) began in 1997 with the first Bachus Doyle Jones The recess having expired, the House Baker Dreier Kaptur of three annual Preparatory Commit- was called to order by the Speaker pro Baldacci Duncan Kasich tee meetings of the Parties to the tempore [Mr. SUNUNU] at 5 o’clock and Ballenger Ehlers Kelly Treaty. The United States is commit- Barcia Ehrlich Kennelly 5 minutes p.m. Barr Emerson Kildee ted to working to ensure that the 2000 f Barrett (NE) Engel Kilpatrick NPT review Conference will further Bartlett English Kim strengthen the NPT and reinforce glob- RESIGNATION FROM THE HOUSE Barton Ensign Kind (WI) al nuclear nonproliferation objectives. OF REPRESENTATIVES Bass Everett King (NY) Bateman Ewing Kingston Since the 1995 NPT Conference, eight The SPEAKER pro tempore laid be- Bentsen Farr Klink additional states have joined the NPT, fore the House the following resigna- Bereuter Fattah Klug leaving only five states worldwide cur- Berry Fawell Knollenberg tion from the House of Representa- Bilbray Filner Kolbe rently outside the NPT regime. The tives: Bilirakis Foley Kucinich NPT Exporters (Zangger) Committee CONGRESS OF THE UNITED STATES, Bishop Forbes LaHood Blagojevich Fossella Lampson added China to its membership in 1997. HOUSE OF REPRESENTATIVES, The Nuclear Suppliers Group (NSG) Bliley Fowler Largent Washington, DC, November 11, 1997. Blumenauer Fox Latham continued its efforts to upgrade control Hon. NEWT GINGRICH, Blunt Frank (MA) LaTourette lists and export control procedures. Speaker of the House, Washington, DC. Boehlert Franks (NJ) Lazio NSG members confirmed their agree- DEAR MR. SPEAKER: This letter is to offi- Boehner Frelinghuysen Leach ment to clarifications to the nuclear cially notify you of my resignation as United Bonilla Furse Levin Bono Gallegly Lewis (CA) trigger list to accord with trigger list States Representative to the First District of Pennsylvania. President Clinton has given Borski Ganske Lewis (GA) Boswell Gekas Lewis (KY) changes agreed to by the members of me the opportunity to continue my lifetime the NPT Exporters (Zangger) Commit- Boucher Gibbons Linder of public service by nominating me to be Boyd Gilchrest Lipinski tee, and the International Atomic En- Ambassador to Italy, the nation of my herit- Brown (FL) Gillmor Livingston ergy Agency published these under- age. Bryant Gilman LoBiondo standings on September 16, 1997. The I love this body and leave it with bitter- Bunning Goode Lowey NSG also is actively pursuing steps to sweet emotions—I move onto exciting new Burr Goodlatte Lucas challenges but I leave so many good friends Burton Goodling Luther enhance the transparency of the export Buyer Goss Maloney (CT) and colleagues. I feel so strongly about so regime in accordance with the call in Calvert Graham Maloney (NY) many of the people I have served with over Principles 16 and 17 of the 1995 NPT Re- Camp Granger Manton the past seventeen years. There is that say- Campbell Green Manzullo view and Extension Conference. ing attributable to Harry Truman that if you Canady Greenwood Mascara The NSG held an export control sem- want a friend in Washington, buy a dog. For Cannon Gutierrez McCarthy (MO) inar in Vienna on October 8 and 9, 1997, me, nothing can be further from the truth. I Cardin Gutknecht McCarthy (NY) which described and explained the role have made friends here, on both sides of the Carson Hamilton McCollum Castle Hastert McCrery of the NSG (and the Zangger Commit- aisle, who I will keep and cherish for the rest Chabot Hastings (FL) McDade tee) in preventing nuclear prolifera- of my life. Chambliss Hastings (WA) McGovern tion. The NSG also continued efforts to I thank the people of the First District for Chenoweth Hayworth McHugh enhance information sharing among the opportunity to serve them, this country Christensen Hefley McInnis and this institution. It has been a great Clay Herger McIntyre members regarding the nuclear pro- honor. Clayton Hill McKeon grams of proliferant countries by (1) Thank you. Clyburn Hilleary McKinney ‘‘officially’’ linking the NSG members Coble Hilliard McNulty Sincerely, Coburn Hinchey Meek through a dedicated computer network THOMAS M. FOGLIETTA. Collins Hinojosa Mica allowing for real-time distribution of f Cook Hobson Millender- license denial information, and by (2) Costello Hoekstra McDonald creating a separate session for ex- ANNOUNCEMENT BY THE SPEAKER Cox Holden Miller (CA) PRO TEMPORE Cramer Horn Miller (FL) change of information on the margins Crane Hostettler Minge of the NSG plenary meeting. The SPEAKER pro tempore. Pursu- Crapo Hulshof Mink NSG membership will increase to 35 ant to clause 5 of rule 1, the Chair will Cunningham Hunter Mollohan Danner Hutchinson Moran (KS) with the acceptance of Latvia. The ul- now put the question on adoption of Davis (FL) Hyde Moran (VA) timate goal of the NSG is to obtain the those resolutions on which further pro- Davis (VA) Inglis Murtha agreement of all suppliers, including ceedings were postponed earlier today. Deal Istook Myrick nations not members of the regime, to Without objection, votes will be DeFazio Jackson-Lee Nadler DeLauro (TX) Nethercutt control nuclear and nuclear-related ex- taken in the following order: House November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10597 Neumann Ros-Lehtinen Stearns SPRATT, FARR of California, GOODE, Kelly Nussle Shays Ney Rothman Stokes Kim Oxley Shimkus Northup Roukema Strickland MASCARA, Mrs. KENNELLY of Con- King (NY) Packard Shuster Nussle Roybal-Allard Stump necticut, Mr. VENTO, Ms. SLAUGH- Kingston Pappas Skeen Oberstar Royce Sununu TER, Messrs. CRAMER, ANDREWS, Klug Parker Smith (MI) Ortiz Ryun Talent PALLONE, KIND, WYNN, DEFAZIO, Knollenberg Paul Smith (NJ) Oxley Salmon Tauzin Kolbe Paxon Smith (TX) Packard Sanchez Taylor (NC) PAYNE, DOYLE, BOUCHER, LaHood Pease Smith, Linda Pallone Sanders Thomas MALONEY of Connecticut, Largent Peterson (PA) Snowbarger Pappas Sandlin Thompson RODRIGUEZ, KILDEE, BENTSEN, Latham Petri Solomon Parker Sanford Thornberry LaTourette Pickering Souder Pascrell Sawyer Thune GREEN, Ms. RIVERS, Messrs. Lazio Pitts Spence Paul Saxton Thurman GUTIERREZ, LUTHER, RANGEL, Leach Pombo Stearns Paxon Schaefer, Dan Tiahrt HINOJOSA, STOKES, REYES, Mrs. Lewis (CA) Porter Stump Payne Schaffer, Bob Torres LOWEY, Messrs. HINCHEY, YATES, Lewis (KY) Portman Sununu Pease Scott Traficant Linder Quinn Talent Peterson (PA) Sensenbrenner Turner SCOTT, SKELTON, TURNER, Mrs. Livingston Ramstad Tauzin Petri Serrano Upton THURMAN, Mr. SISISKY, Ms. CAR- LoBiondo Redmond Taylor (NC) Pickering Sessions Vento SON, Ms. DELAURO, Messrs. LEWIS of Lucas Regula Thomas Pitts Shadegg Walsh Manzullo Riggs Thornberry Pombo Shaw Wamp Georgia, JOHNSON of Wisconsin, MAN- McCollum Rogan Thune Pomeroy Shays Waters TON, MINGE, BALDACCI, and Mrs. McCrery Rogers Tiahrt Porter Shimkus Watkins MALONEY of New York changed their McDade Rohrabacher Traficant Portman Shuster Watts (OK) vote from ‘‘nay’’ to ‘‘yea.’’ McHugh Ros-Lehtinen Upton Poshard Sisisky Weldon (FL) McInnis Roukema Walsh Quinn Skeen Weldon (PA) Mr. HEFNER changed his vote from McIntosh Royce Wamp Rahall Skelton Weller ‘‘yea’’ to ‘‘nay.’’ McKeon Ryun Watkins Ramstad Slaughter Weygand So the resolution, as amended, was Metcalf Salmon Watts (OK) Rangel Smith (MI) Whitfield Mica Sanford Weldon (FL) Redmond Smith (NJ) Wicker agreed to. Miller (FL) Saxton Weldon (PA) Regula Smith (TX) Wise The result of the vote was announced Moran (KS) Schaefer, Dan Weller Reyes Smith, Linda Wolf as above recorded. Morella Schaffer, Bob Whitfield Riggs Snowbarger Woolsey A motion to reconsider was laid on Nethercutt Sensenbrenner Wicker Rivers Snyder Wynn Neumann Sessions Wolf Rodriguez Solomon Yates the table. Ney Shadegg Young (AK) Rogan Souder Young (AK) Northup Shaw Young (FL) Rogers Spence Young (FL) f Rohrabacher Spratt NAYS—193 WAIVING REQUIREMENT OF Abercrombie Furse Millender- NAYS—72 CLAUSE 4(b) OF RULE XI WITH Ackerman Gejdenson McDonald Ackerman Eshoo Moakley Allen Goode Miller (CA) Allen Etheridge Obey RESPECT TO CONSIDERATION OF Andrews Gordon Minge Baesler Evans Olver CERTAIN RESOLUTIONS RE- Baesler Green Mink Barrett (WI) Fazio Pastor PORTED FROM COMMITTEE ON Baldacci Gutierrez Moakley Becerra Ford Pelosi RULES Barcia Hall (OH) Mollohan Berman Gejdenson Peterson (MN) Barrett (WI) Hall (TX) Moran (VA) Bonior Hall (OH) Pickett The SPEAKER pro tempore (Mr. Becerra Hamilton Murtha Brown (CA) Hall (TX) Price (NC) SUNUNU). The pending business is the Bentsen Harman Nadler Brown (OH) Harman Roemer Berman Hastings (FL) Oberstar Callahan Hefner Sabo question of agreeing to House Resolu- Berry Hefner Obey Clement Hooley Sherman tion 314, on which the yeas and nays Bishop Hilliard Olver Condit Hoyer Skaggs are ordered. Blagojevich Hinchey Ortiz Conyers Jackson (IL) Stabenow Blumenauer Hinojosa Pallone Coyne Jefferson Stenholm The Clerk read the title of the resolu- Bonior Holden Pascrell Cummings Kanjorski Stupak tion. Borski Hooley Pastor Davis (IL) Kennedy (MA) Tanner The SPEAKER pro tempore. The Boswell Hoyer Payne DeGette Kennedy (RI) Tauscher question is on the resolution. Boucher Jackson (IL) Pelosi Delahunt Kleczka Taylor (MS) Boyd Jackson-Lee Peterson (MN) Dellums LaFalce Tierney The vote was taken by electronic de- Brown (CA) (TX) Pickett Deutsch Lofgren Velazquez vice, and there were—yeas 213, nays Brown (FL) Jefferson Pomeroy Dicks Markey Visclosky 193, not voting 26, as follows: Brown (OH) Johnson (WI) Poshard Doggett Martinez Watt (NC) Cardin Johnson, E.B. Price (NC) Dooley Matsui Waxman [Roll No. 630] Carson Kanjorski Rahall Edwards McHale Wexler YEAS—213 Clay Kaptur Rangel Clayton Kennedy (MA) Reyes Aderholt Chenoweth Ganske NOT VOTING—36 Clement Kennedy (RI) Rivers Archer Christensen Gekas Brady Houghton Pryce (OH) Clyburn Kennelly Rodriguez Armey Coble Gibbons Combest John Radanovich Condit Kildee Roemer Bachus Coburn Gilchrest Cooksey Lantos Riley Conyers Kilpatrick Rothman Baker Collins Gillmor Cubin McDermott Rush Costello Kind (WI) Roybal-Allard Ballenger Cook Gilman Dingell McIntosh Scarborough Coyne Kleczka Rush Barr Cox Goodlatte Dunn Meehan Schiff Cramer Klink Sabo Barrett (NE) Crane Goodling Flake Menendez Schumer Cummings Kucinich Sanchez Bartlett Crapo Goss Frost Metcalf Smith (OR) Danner LaFalce Sanders Barton Cunningham Graham Gephardt Morella Smith, Adam Davis (FL) Lampson Sandlin Bass Davis (VA) Granger Gonzalez Neal Stark Davis (IL) Lantos Sawyer Bateman Deal Greenwood Gordon Norwood Towns DeFazio Levin Scott Bereuter DeLay Gutknecht Hansen Owens White DeGette Lewis (GA) Serrano Bilbray Diaz-Balart Hastert Delahunt Lipinski Sherman Bilirakis Dickey Hastings (WA) b 1740 DeLauro Lofgren Sisisky Bliley Doolittle Hayworth Dellums Lowey Skaggs Blunt Dreier Hefley Ms. JACKSON-LEE of Texas, Ms. Deutsch Luther Skelton Boehlert Duncan Herger EDDIE BERNICE JOHNSON of Texas, Dicks Maloney (CT) Slaughter Boehner Dunn Hill Dingell Maloney (NY) Smith, Adam Ms. SANCHEZ, Messrs. CLAY, HAST- Bonilla Ehlers Hilleary Dixon Manton Snyder INGS of Florida, DAVIS of Florida, Bono Ehrlich Hobson Doggett Markey Spratt Bryant Emerson Hoekstra BLUMENAUER, SANDERS, SNYDER, Dooley Martinez Stabenow Bunning English Horn Ms. KILPATRICK, Messrs. FRANK of Doyle Mascara Stenholm Burr Ensign Hostettler Edwards Matsui Stokes Massachusetts, COSTELLO, BORSKI, Burton Everett Hulshof Engel McCarthy (MO) Strickland Buyer Ewing Hunter THOMPSON, WEYGAND, SAWYER, Eshoo McCarthy (NY) Stupak Callahan Fawell Hutchinson MOLLOHAN, LEVIN, Ms. BROWN of Etheridge McDermott Tanner Calvert Foley Hyde Evans McGovern Tauscher Florida, Mr. BLAGOJEVICH, Ms. ROY- Camp Forbes Inglis Farr McHale Taylor (MS) BAL-ALLARD, Messrs. DIXON, Campbell Fossella Istook Fattah McIntyre Thompson Canady Fowler Jenkins FATTAH, NADLER, KLINK, MURTHA, Fazio McKinney Thurman Cannon Fox Johnson (CT) Ms. MCKINNEY, Ms. WOOLSEY, Filner McNulty Tierney Castle Franks (NJ) Johnson, Sam Ford Meek Torres Messrs. ENGEL, BARCIA, MCNULTY, Chabot Frelinghuysen Jones Frank (MA) Menendez Turner MILLER of California, STRICKLAND, Chambliss Gallegly Kasich H10598 CONGRESSIONAL RECORD — HOUSE November 12, 1997

Velazquez Watt (NC) Wise S. 1228, 50 States Commemorative tempore [Mr. SNOWBARGER] at 6 o’clock Vento Waxman Woolsey Visclosky Wexler Wynn Coin Program Act; and 53 minutes p.m. Waters Weygand Yates H.R. 1271, FAA Research, Engineer- f ing, and Development Authorization NOT VOTING—26 AMENDING THE RULES OF THE Act of 1997; Brady Houghton Riley H.R. 1658, Atlantic Striped Bass Con- HOUSE TO REPEAL EXCEPTION Combest John Scarborough servation Act Amendments of 1997; TO REQUIREMENT THAT PUBLIC Cooksey Meehan Schiff COMMITTEE PROCEEDINGS BE Cubin Myrick Schumer H.R. 1604, a bill to provide for the di- Flake Neal Smith (OR) vision, use, and distribution of judg- OPEN TO ALL MEDIA Frost Norwood Stark Mr. GOSS. Mr. Speaker, by direction Gephardt Owens Towns ment funds of the Ottawa and Chip- Gonzalez Pryce (OH) White pewa Indians; of the Committee on Rules, I call up Hansen Radanovich S. 1079, an act to permit the mineral House Resolution 301 and ask for its immediate consideration. b 1808 leasing of Indian land located within the Fort Berthold Indian Reservation; The Clerk read the resolution, as fol- So the resolution was agreed to. S. 731, a bill to extend the legislative lows: The result of the vote was announced authority for construction of the Na- H. RES. 301 as above recorded. tional Peace Garden memorial; Resolved, That (a) clause 3(f) of rule XI of A motion to reconsider was laid on S. 1354, a bill to amend the Commu- the Rules of the House of Representatives is the table. nications Act of 1934 to provide for the amended by repealing subdivision (2) and by redesignating subdivisions (3) through (13) as f designation of common carriers not subdivisions (2) through (12), respectively. ANNOUNCEMENT OF LEGISLATION subject to the jurisdiction of a State (b) Clause 2(g)(1) of rule XI of the Rules of commission as eligible telecommuni- the House of Representatives is amended by WHICH MAY BE CONSIDERED striking ‘‘, except as provided by clause UNDER SUSPENSION OF THE cations carriers; S. 1505, a bill to make technical and 3(f)(2)’’. RULES TODAY AND TOMORROW conforming amendments to the Mu- (d) The first sentence of clause 3(e) of rule Mr. DREIER. Mr. Speaker, pursuant XI of the Rules of the House of Representa- seum and Library Services; tives is amended by striking ‘‘, except as pro- to House Resolution 314, I wish to an- S. 1417, a bill to provide for the de- vided in paragraph (f)(2)’’. nounce the following suspensions sign, construction, furnishing and The SPEAKER pro tempore. The gen- which may be considered today, equipping of a Center for Performing tleman from Florida [Mr. GOSS] is rec- Wednesday, November 12, 1997, and Arts within the complex known as the ognized for 1 hour. Thursday, November 13, 1997: New Mexico Hispanic Cultural Center; Mr. GOSS. Mr. Speaker, for purposes S. 1519, ISTEA; H.R. 867, Adoption Promotion Act of of debate only, I yield the customary 30 H.R. 2979, a bill to authorize acquisi- 1997; minutes to the gentleman from Massa- tion of certain real property for the Li- House Concurrent Resolution 137, ex- chusetts [Mr. MOAKLEY], pending which brary of Congress; pressing the sense of the House of Rep- I yield myself such time as I may Senate Concurrent Resolution 61, au- resentatives concerning the urgent consume. During consideration of this thorizing printing of a revised edition need for an international criminal tri- resolution, all time yielded is for the of the publication entitled ‘‘Our Flag’’; bunal to try members of the Iraqi re- purposes of debate only. Senate Concurrent Resolution 62, au- gime for crimes against humanity; Mr. Speaker, on this very important thorizing printing of the brochure enti- House Resolution 282, congratulating subject, to me this subject, Mr. Speak- tled ‘‘How Our Laws Are Made’’; the Association of South East Asian er, is a question of truth and do we be- Senate Concurrent Resolution 63, au- Nations; lieve that the American people have thorizing printing of the pamphlet en- House Resolution 231, urging the the right to discern the truth. titled ‘‘The Constitution of the United President to make clear to the Govern- House Resolution 301 is a straight- States of America’’; ment of the Socialist Republic of Viet- forward rule. It is a straightforward House Concurrent Resolution 190, au- nam the commitment of the American rule change to repeal the exception to thorizing the use of the rotunda of the people in support of democracy and re- the requirement that public committee Capitol for the congressional Christ- ligious and economic freedom for the proceedings be open to all media, all mas celebration; people of the Socialist Republic of types of media. This resolution contin- S. 1378, a bill to extend the authoriza- Vietnam; ues the process we began in 1995 of tion of use of official mail in the loca- House Concurrent Resolution 172, ex- opening up our committee proceedings tion and recovery of missing children; pressing the sense of Congress in sup- to enhance public scrutiny and greater S. 1507, a bill to amend the National port of efforts to foster friendship and accountability. The resolution repeals Defense Authorization Act for fiscal cooperation between the United States clause 3(f)(2) of House rule XI, known year 1998 to make certain technical and Mongolia; inside this building as the camera rule. corrections; House Concurent Resolution 130, a As Members recall, when we began the 104th Congress under new manage- H.R. 2709, Iran Missile Proliferation concurrent resolution concerning the ment for the first time in 40 years, we Sanctions Act of 1997; situation in Kenya; instituted an openness policy that said H.R. 764, Bankruptcy Amendments of And House Resolution 273, condemn- that committee meetings and hearings 1997; ing the military intervention by the that are open to the public shall also Government of Angola into the Repub- H.R. 2440, a bill to make technical be open to the media. This sunshine lic of the Congo. amendments to section 10 of title 9, rule reaffirms the right of the public to United States Code; f have all types of media cover most of House Joint Resolution 95, granting RECESS our proceedings, making it clear that the consent of Congress to the Chicka- The SPEAKER pro tempore (Mr. such coverage is no longer treated as a saw Trail Economic Development Com- privilege to be granted and taken away SUNUNU). Pursuant to clause 12 of rule pact; at the discretion of a committee or I, the Chair declares the House in re- House Joint Resolution 96, granting subcommittee. the consent and approval of Congress cess until approximately 6:45 p.m. The only deviation from this policy for the State of Maryland, the Com- Accordingly (at 6 o’clock and 11 min- has been the exception found in clause monwealth of Virginia, and the Dis- utes p.m.), the House stood in recess 3(f)(2) giving subpoenaed witnesses the trict of Columbia to amend the Wash- until approximately 6:45 p.m. absolute right to decide, for whatever ington Metropolitan Area Transit Reg- f reason, to pull the plug on certain ulation Compact; b 1853 types of media coverage of their testi- H.R. 1753, a bill to provide for the es- mony at an otherwise public hearing. tablishment of not less than 2,500 Boys AFTER RECESS Mr. Speaker, this exception to the and Girls Clubs of America facilities by The recess having expired, the House sunshine rule is a holdover from an- the year 2000; was called to order by the Speaker pro other era. We heard testimony in the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10599 Committee on Rules from the distin- American people and I have faith in the I should also point out that nothing guished dean of this House, the gen- Members who run our committees. we do in our House rules in any way tleman from Michigan, [Mr. JOHN DIN- It is my view that the American peo- limits a witness’ constitutional right, GELL], who is one of the most respected ple are smarter than some of our col- specifically the option to take the fifth and probably one of the most feared leagues seem to think. They can dis- amendment and refuse to answer ques- committee chairmen ever to serve in cern for themselves if they are seeing tions. this body. Mr. DINGELL cautioned us and hearing a witch-hunt or a show Mr. Speaker, I would like to point not to repeal this exception for subpoe- trial or some type of proceeding or out that the other body does not have naed witnesses, and he raised the spec- some kind of personal grandstanding. a similar rule to the one we are consid- ter of the McCarthy hearings that took My friend, the distinguished gen- ering repealing today. There is no abso- place nearly half a century ago. tleman from Massachusetts [Mr. MOAK- lute ability for a subpoenaed witness at None of us is proud of that period in LEY], vice chairman of the Committee a proceeding in the other body to arbi- the history of this institution. Cer- on Rules and former chairman, for trarily decide to shut off broadcast tainly, we have learned a lot. Clearly, whom I have the utmost respect, has coverage of his or her testimony. Life there were excesses as powerful Mem- lamented the fact that this rules has actually gone on quite well over bers of Congress overstepped the change does some sort of violence to there in the other body, I believe, with- bounds of fairness. When the House the concept of the people’s House. out such a rule, and I think that should first began the process of evolving into Indeed, this is the people’s House, but be of some comfort to those Members the modern television age in 1970, I would argue just the opposite, that if who believe the sky might fall in if we Members, remembering the McCarthy this truly is the people’s House and we make the change proposed here today era, wisely took a go-slow approach to want to share it with the people, why and let the full sunshine in. phasing in audio and visual media cov- would we want to arbitrarily restrict Mr. Speaker, I would also like to erage of congressional proceedings. the people’s ability to see what goes on point out to Members that this effort But, Mr. Speaker, that was more in our committee rooms? was one that was undertaken by Demo- than a quarter of a century ago. Time b 1900 crat Members as well as Republican does fly. As my children and my grand- Mr. Speaker, it is my view that the Members. The legislative history of children are constantly reminding me, best way to rein in a bully on a com- committee proceedings in the House times have changed. Like it or not, we mittee dais is to expose him or her to has examples of several distinguished are living in an era of high technology public scrutiny. Audio and visual cov- Democrat then committee chairmen and instant global communication. erage of the committee event is as expressing their interest in seeing this Television, radio, and even cyberspace much a check on a runaway Member exception to media coverage elimi- are commonplace in our lives and have who wishes to bully a witness as it is a nated. become part of the daily media diet of check on a witness who may have In sum, this rule is a change that will countless Americans. Congress just has something to hide from full public further the cause of sunshine and ac- to get on with the program, even if we scrutiny. countability in the people’s House. I are sometimes a bit slow about em- I would like for one moment to as- hope my colleagues will support it. bracing the modern technological revo- sure my colleagues that this rules Mr. Speaker, I reserve the balance of lution. change does nothing, let me repeat, my time. My colleagues are aware that C- does nothing to the crucial and truly Mr. MOAKLEY. Mr. Speaker, I yield SPAN is a huge success among the meaningful witness protections that myself such time as I may consume, American people precisely because our exist in our House rules under rule XI, and I thank my very dear friend the constituents have come to expect and clause 2. Clause 2(g) provides clear gentleman from Florida [Mr. GOSS] for rely upon seeing for themselves what it guidance to the committees and sub- yielding me the time. is we do, without the filter of someone committees of the House about when it Mr. Speaker, in case any of my col- else’s pen or an editor deciding how to is appropriate to conduct their busi- leagues are unclear about what is package certain information for public ness in closed session with no media or about to happen, the House is now de- consumption; just straight stuff, no outsiders present. These guidelines ac- bating a resolution that takes away spin doctors; viewers draw their own count for instances where material dis- the fundamental right guaranteed to conclusions. cussed pertains to national security in- witnesses by the House rules. These Mr. Speaker, I come from the Sun- formation, for example, perhaps sen- rules were put in place to protect shine State, aptly named for more than sitive law enforcement information, in- American citizens and others who are just the one most obvious reason, formation that would tend to defame, asked to stand before Congress and to about our wonderful climate, espe- degrade, or incriminate any person, or tell the truth, and they should be pro- cially at this time of year. We also information that would violate any law tected at all costs. have in Florida sunshine rules for all or will of this House. That is quite a Furthermore, Mr. Speaker, there is levels of government. I have found broad spectrum. In such cases, a com- no reason on Earth to rush this resolu- time and again that sunshine is the mittee may, with a full quorum tion, but, for some reason, the Repub- best antidote to excess and abuse, and present, vote by majority to close the lican leadership is doing it anyway. it is indeed the path to truth. proceedings to all except Members and The majority leader did not announce I know there is concern about pro- appropriate staff. this resolution on the Friday when he tecting reluctant witnesses from unfair In addition, clause 2(k)(5) of rule XI announced the schedule for the week. questioning or uncivil badgering before provides that whenever it is asserted This resolution was not listed on the a committee of this House. But rather that testimony at a hearing may tend floor schedule that was distributed on than turning off the cameras, shutting to defame, degrade, or incriminate any Monday morning. The Committee on down the radio, and prohibiting still person, such testimony will be taken in Rules held a hearing after dark on photography, I submit to my col- closed session if the committee deter- Tuesday, which raised serious and leagues that the better option is to let mines by majority vote of those technical questions and never came all the sunshine in, remembering that present, a requisite number being close to resolving moral or political the print media are still there. If a wit- present, that the testimony may tend concerns. Mr. Speaker, the Committee ness is unfairly treated by any Member to defame, degrade, or incriminate any on Rules still marked up the resolu- of this House, it will be clear to the person. tion; and here we are today. people who witness that occurrence on That sounds like a lot of parliamen- Mr. Speaker, there is no reason what- television or on the radio. tary lawyerese-type talk, but the bot- soever the House should be acting so Furthermore, I expect that our com- tom line is that there are mechanisms carelessly and so dangerously. But, as mittee chairmen will take control of to close meetings to all media coverage they say, ‘‘There is no business like proceedings under their charge if if there is justification without arbi- show business.’’ And our friend, the things get out of hand. It comes down trarily discriminating against certain gentleman from Indiana [Mr. BURTON], to the fact that I have faith in the types of media. plans hearings for Thursday and will H10600 CONGRESSIONAL RECORD — HOUSE November 12, 1997 continue between sessions. And some- but these innocent citizens might just Florida [Mr. GOSS] has 22 minutes re- one wants to be sure that the witnesses as easily have been called to be grilled maining. The gentleman from Massa- who testify before this committee are before a rolling TV camera. chusetts [Mr. MOAKLEY] has 21 minutes stripped of any protection under the The protection provided in clause remaining. rules. 3(f)(2) of rule XI is all that a witness Mr. GOSS. Mr. Speaker, I yield 3 Mr. Speaker, the rule my colleagues can use to protect him or herself from minutes to the distinguished gen- want to repeal was adopted in response such exploitation. Now even that small tleman from Georgia [Mr. BARR]. to the shameful abuses of this House in refuge is to be taken away, leaving wit- Mr. BARR of Georgia. Mr. Speaker, I the McCarthy era. Some say it origi- nesses at the mercy of an often hostile pause to let the smoke screen clear for nated with a suicide note. A young can- panel. just a moment so we can see what is cer researcher named William K. Sher- Mr. Chairman, when I was chairman really at stake here, Mr. Speaker, and wood was subpoenaed to appear on of the Committee on Rules, I, too, I suppose, just as importantly, what camera before the committee. Two heard from the frustrated chairmen this proposed rule change is not about. days before his scheduled appearance, who wanted to repeal this rule because This rule change, despite the smoke he wrote a note expressing his fierce an individual invoked their rights. screen thrown up by its opponents, is resentment at being televised and then They said the rule inhibits freedom of not about somebody who may have jumped from the hotel window to his the press. I told them that the first committed suicide two generations death. Largely in reaction to this amendment rights of the press and ago, as tragic as I am sure that is. This event, Mr. Speaker, camera and live public’s right to know are in no way di- is not, Mr. Speaker, about an effort to broadcasts were banned from the com- minished by the rule in its present shield Members of Congress. It is not a mittee hearings from 1957 until 1970, form. question about taking anybody’s rights when the Congress enacted the Legisla- The print and broadcast press are not away. tive Reorganization Act. excluded from a hearing, and nothing As we let the smoke screen clear, Mr. The 1970 act, which grew out of an ex- in the rule prevents any reporter from Speaker, what we see is a very simple tensive and lengthy hearing process by fully covering the hearing. But Amer- rule change that is at the heart of both a special subcommittee, contained the ican citizens do have a right to pri- common sense and the way that Con- identical language, word for word, that vacy, which includes a right to avoid gress operates and was envisaged to op- is in current rules, the same language the limelight of a camera, and when erate by our Founding Fathers. For one that my colleagues seek to repeal. Congress compels an individual to tes- only has to look in Jefferson’s Manual, Senator Javits, while serving in the tify, he or she should have the absolute Mr. Speaker, in the rules of this House, House, was one of the first Members to right to demand that the cameras be going back over 200 years, to see a com- champion the use of TV cameras in turned off. mon underpinning of openness in the Mr. Speaker, I deeply regret that we Congress; however, even he knew how proceedings of this great body. And it are moving in this direction today. I it might impact on the rights of wit- is only from time to time when there is can only implore you and the majority nesses. And in February 1952 he said, perceived an overriding need to place not to strip away this vital protection ‘‘The indiscriminate use of television limitation on that openness that that and radio could very easily in many from those witnesses who are man- dated to testify by order of congres- great principle envisaged by our cases work out to invade the individ- Founding Fathers of openness and pub- ual’s rights.’’ Mr. Speaker, how right sional subpoena. Just the other day in this Chamber, lic access to all that we do should be he was. we passed a measure to reform the In- entertained. Representative Hugh Scott, chair- ternal Revenue Service by a vote of 425 The rule before us today is very sim- man of a rules subcommittee in the Re- to 4. The legislation was so widely ap- ple. It simply states that no subpoe- publican-controlled 1983 Congress, said proved because of stories of the IRS as naed witness can hold the Congress in March 1955 that a code of fair com- an overzealous tax collector treating hostage and can prevent the American mittee procedures must ‘‘protect a wit- American citizens with suspicion, mak- people from knowing what it is pursu- ness from distraction, harassment, or ing the average citizen prove his inno- ant to the people’s business that they nervousness caused by radio, TV, and cence, intimidating Americans. are testifying about. That is all it does. motion picture coverage of hearings.’’ Let us not allow the reputation of It does not take away the majority The closest we have to that warning is this institution to be besmirched by right of a majority of any committee of clause 3(f) of rule XI. And if Members the image of rude, arrogant, browbeat- this Congress for good and sufficient on that side of the aisle have their ing Members attacking poor, innocent reasons, including if they believe that way, that soon will be gone. Americans called to appear before the the rights of a witness require privacy, Witnesses do not have the oppor- committee against their will. Please, that the broadcasting, the tunity to rebut statements made to Mr. Speaker, do not strip away this photographing, the recording must be them by Members of the panel. They very, very small protection. Mark my turned off. cannot object to a question that is mis- word, Mr. Speaker, we will come to re- Congress and individuals before this leading or incriminating. They can be gret this day if we pass this rule. Congress continue to retain that possi- held in contempt if they refuse to an- Finally, I must remind my col- bility, that right. This rule simply says swer any question, regardless of how leagues, if they repeal this rule, only that a witness who comes forward inappropriate that question may be. Members of Congress will be shielded under subpoena cannot for their own They can bring a lawyer with them, from the cameras when their reputa- reasons hide behind the cloak of se- Mr. Speaker, but that lawyer is vir- tions are at stake in a congressional crecy and not let the American people tually powerless to halt an unfair line investigation. That is not right. know why it is they are before the Con- of questioning. And to further subject Mr. Speaker, as my friend, the gen- gress and what they are testifying these witnesses to unwanted television tleman from Florida [Mr. GOSS], said, about. It takes away that hammer that and radio coverage is a flagrant abuse this is the people’s House. This is the they can hold over the openness that of power by the members of the com- people’s House. Let us protect the peo- we otherwise enshrine in those pro- mittee. ple’s rights. So I urge my colleagues to ceedings. Mr. Speaker, committees do make defeat this rule. b 1915 mistakes. Recently the gentleman Ordinary Americans should have the from Indiana [Mr. BURTON] subpoenaed same protections that Members of Con- It is very interesting, Mr. Speaker, the records of the wrong Chi Wong. gress have. that the gentleman from California And they did it again. They subpoenaed Mr. Speaker, I reserve the balance of [Mr. LANTOS], a very learned and senior the records of the wrong Li Ping Chen. my time. Member of the other side, took to the They subpoenaed the records of a Li Mr. GOSS. Mr. Speaker, might I in- floor in September and October 1989 Ping Chen Hudson, who had nothing to quire what the time counts are? when he happened to be in the majority do with fundraising. And these subpoe- The SPEAKER pro tempore (Mr. and argued, apparently very elo- nas were for documents, Mr. Speaker, SNOWBARGER). The gentleman from quently, that the very rule which we November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10601 are simply moving tonight to amend American activity hearings of the vacy invaded to the extent that their and open up does not serve the inter- House of Representatives in that period picture and voice can travel the world ests of the American people, nor, and I of time. I am here because many of my over, when on the other hand, and I quote the gentleman from California, friends are on both sides of the aisle, cited some of my friends on the other is the rule required as a protection to and I think about this issue as an insti- side, absolute hunting licenses for irre- any witness, close quote. He says that tutional issue. We are about to close sponsible Members of this body now he, quote, fully disagrees with this rule the opportunity to protect or allow for and in the future, who can make any because, and I further quote Mr. LAN- the protection of privacy and individ- statement of fact in the presentation of TOS, I believe the American people are ual rights of private citizens, one of the their question and slander or libel that entitled to open government. few interferences that I can imagine American citizen, who will have no re- Mr. Speaker, the gentleman from and one of the few protections that pri- course in law because we as Members of California [Mr. LANTOS] was right then vate citizens have had for the last 50 Congress are cloaked with absolute im- and he is right now. It is openness that years before this House. munity in the actions on this House is at the heart of our business here in We know that in 1952, a request for floor or in the committee. I think that this Congress. We provide fully to pro- noncoverage by television and radio unfairness is unforgivable and it is das- tect the interests of each and every was made and then-Speaker Sam Ray- tardly. witness, subject only to the vagaries of burn granted that permission. That I will make the point, we are coming members of the committee. I urge very was carried through the tradition of very close in this House to tyranny by strongly that this arcane, outdated, Joseph Martin as Speaker of this House the majority. Mr. Speaker, the Con- unnecessary, and arbitrary rule which in the 83d Congress; it was carried stitution of the United States and the closes off certain avenues of reporting through into 1955 when another request laws of this land have not been written of what is going on and not others be was made and Sam Rayburn granted for the protection of the majority. adopted in favor of openness and the that request, that television and radio They have their protection in a system public’s right to know. be turned off, and in every other re- of government such as ours. The Con- Mr. MOAKLEY. Mr. Speaker, I yield spect a record and public appearance stitution and laws of this land are put myself such time as I may consume. was had by that witness. into place to protect the minority. The last speaker is correct. The gen- In 1957, because of that same ques- Sometimes that minority is just one tleman from California [Mr. LANTOS] tion, of carrying open television and individual who does not want to sur- did argue for this. I was chairman of radio of a witness, there was actually render his family, himself, his reputa- the Committee on Rules when he came one individual from California, a can- tion to degradation from irresponsible before me to ask that this rule be cer researcher, that instead of being statements or irresponsible publicity. changed. I did not think it should be televised, took his life, because as he Before any Member on the Repub- changed then when I was chairman, wrote in his note, he had a fierce re- lican side or the Democratic side casts and I do not think it should be changed sentment of being televised and he felt their vote, just remember that this is now when I am not chairman. I do not that he preferred death over being as- really an issue of individual rights in think it is a political matter. It really sassinated by publicity. this country. We have life, liberty and does deprive the witnesses going before As a result of that act and the com- the pursuit of happiness. We have al- that committee of probably the only mon rules of the House maintained by ready had one life taken because of this right they have. the precedents of Sam Rayburn, we fear. The liberty now is at risk of a pri- Mr. Speaker, I yield 7 minutes to the folded into the reorganization rules of vate citizen who just for any number of gentleman from Pennsylvania [Mr. the House in 1970 a permanent right reasons, good or bad, may not want to KANJORSKI]. that an average American citizen, subject his family or himself to the in- Mr. KANJORSKI. Mr. Speaker, be- called upon to testify by a committee sult or the embarrassment of going cause of the nature of this rule that is of this Congress involuntarily, through public with any story. He may not before the House, I would request of my subpoena, would have the right to pro- want to be subjected or libeled in pub- friends that control the time on the tect their privacy by not being dis- lic by an irresponsible Member of Con- Republican side that they allow at this played on tens of millions or hundreds gress, or slandered. And we are going time my questioning the presence of a of millions of television sets and heard to do away with that right and give no quorum and that we have a quorum on the airwaves the world over; that if recourse to our private citizens. call of the House, so that all the Mem- they felt that their individual liberties I think it is a sad day in the Congress bers of the House can take part and lis- would be impacted that way, they of the United States when we, with all ten to the debate we are having. should have a right to assert a right the might and power of the subpoena Mr. SOLOMON. If the gentleman will not to be televised and not to be heard and all the might and power that is yield, both cloakrooms have notified on radio. placed in us by our fellow citizens in the Members, and I am sure they are Today, the Congress is about to strip the Constitution, feel that we must watching if they are not here. They that right away, even though I under- arm ourselves against the lowest of low have been duly notified. I would be glad stand that in some instances it has individual, the single individual who to notify ours again if the gentleman been used and abused. I think an offi- may want to protect his right to pri- would like to do the same. cial of the United States Government vacy. Mr. KANJORSKI. At 7:17 when I am should never have the right to assert about to speak, let the record show this. I suggested to the chairman of the Mr. GOSS. Mr. Speaker, I yield such that there are less than 20 Members of Committee on Rules that an amend- time as he may consume to the gen- Congress on either side of the aisle ment be in order that the person would tleman from Colorado, Mr. DAN SCHAE- present in the Chamber. have the right to assert the right of FER. Mr. Speaker, I am on the Democratic privacy and not be televised, but that (By unanimous consent, Mr. DAN side, but I do not stand today as a two-thirds of the members of any in- SCHAEFER of Colorado was allowed to Democrat. I stand today first and fore- vestigating committee could overrule speak out of order.) most as an American and secondly as a that right, and in any instance where a REMOVAL OF NAME OF MEMBER AS COSPONSOR Member of one of the finest institu- Cabinet officer, an official of this gov- OF H.R. 1173 tions I have ever had the opportunity ernment were called, I would have been Mr. DAN SCHAEFER of Colorado. to be a part of, the House of Represent- one of those two-thirds that would Mr. Speaker, I ask unanimous consent atives of the United States. override that right. to have my name removed as a cospon- I come here with a heavy heart, be- But instead, by carte blanche, we are sor of the bill, H.R. 1173. cause I have a tradition in this House going to change the rule and say an in- The SPEAKER pro tempore (Mr. that goes back to 1953. I am probably dividual involuntarily called to testify SNOWBARGER). Is there objection to the the only Member of this House that before this Congress, regardless of the request of the gentleman from Colo- participated in the McCarthy hearings significance or insignificance of their rado? in the Senate and many of the un- testimony, is going to have their pri- There was no objection. H10602 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Mr. GOSS. Mr. Speaker, I yield 3 This bill does not deprive the press in quote again, it generates an enormous minutes to the distinguished gen- the room. Cameramen can be in the press opportunity for us, end of quote. tleman from Illinois [Mr. HYDE], the room, television men can be in the Mr. Speaker, 40 years ago, the same chairman of the Committee on the Ju- room. They just cannot use their de- kind of tactics took place by a Senator diciary. vices. But they can reduce to writing from Wisconsin. He made a mockery of (Mr. HYDE asked and was given per- what they hear. They can get pictures the congressional investigations and of mission to revise and extend his re- of the person going into the committee Congress itself, just like we had last marks.) and coming out of the committee. The week after 21 hours of testimony, not Mr. HYDE. I thank the gentleman for public’s right to know is not stifled one one scintilla, not one scant of evidence yielding me this time. iota here. of any wrongdoing, but these people Mr. Speaker, a democracy depends on Mr. Speaker, I yield 3 minutes to the were drawn before the TV cameras for an informed electorate. If the informa- gentleman from Michigan [Mr. 21 hours to deny their innocence. tion about how the government is STUPAK]. The rule prohibiting the filming of being run or what the truth is about (Mr. STUPAK asked and was given testimony without the witness’ con- controversial issues is withheld from permission to revise and extend his re- sent was adopted in response to what the public, from the people who are the marks.) happened 40 years ago. It should con- ultimate governors in this representa- Mr. STUPAK. I thank the gentleman tinue today because the same abuses tive democracy, we have a flawed de- for yielding me this time. occur by the majority party. mocracy. Mr. Speaker, I oppose this resolution Mr. Speaker, we should not be hold- When we only permit the print media because I believe it is necessary to give ing hearings so that witnesses are to cover hearings, to cover important witnesses the right to protect their forced to deny their innocence and for testimony, we are depending then on reputation by preventing TV cameras a press opportunity. I urge my col- the news as filtered through the bias, and print photographers from a hear- leagues to oppose this resolution and the space limitations, the concerns of ing. I do so because of a hearing that stand up for a fair investigatory proc- the journalist to get the information. took place last week which really mag- ess. Mr. GOSS. Mr. Speaker, I yield to the We deprive the public of the imme- nified the irresponsibility and the im- gentleman from Alabama [Mr. CAL- diacy, the graphic, unvarnished, spin- properness of the majority’s conduct LAHAN], the distinguished subcommit- free version of the truth by not letting that the gentleman from Illinois [Mr. tee chairman of the Committee on Ap- them see with their own eyes. The HYDE] just spoke of in structuring propriations. Lucky Luciano rule is what this is, their oversight investigations. back in the old days when the big boys The problem is not necessarily the CONFERENCE REPORT ON H.R. 2159, FOREIGN OP- ERATIONS, EXPORT FINANCING, AND RELATED did not want their pictures on tele- rule but how are we going to apply it in PROGRAMS APPROPRIATIONS ACT, 1998 vision, so they took pictures of their our job as Members of the U.S. Con- Mr. CALLAHAN submitted the fol- hands, as I recall, in the Kefauver com- gress. Every day the majority party lowing conference report and state- mittee. wants new investigations. Every day ment on the bill (H.R. 2159) making ap- But it just seems to me we have here we have more and more calls for inves- propriations for foreign operations, ex- a classic conflict of rights. One right is tigations. What do you have when you port financing, and related programs the right to privacy and the other is have political people doing political in- for the fiscal year ending September 30, the right of the people to know. And in vestigations? You get more politics. We 1998, and for other purposes: that conflict, they both cannot prevail. do not get to the truth of the matter In my judgment, the right of the people but rather we get more and more poli- CONFERENCE REPORT (H. REPT. 105–401) to know is absolutely indispensable. tics. That is what investigation and The committee of conference on the dis- Yes, you can be abused. Yes, you can oversight has been used for in this Con- agreeing votes of the two Houses on the be slandered. You can be slandered in gress with the new majority party. amendment of the Senate to the bill (H.R. the print media, you can be slandered I am a former law enforcement offi- 2159) ‘‘making appropriations for foreign op- in conversations and certainly in cam- erations, export financing, and related pro- cer. I was trained to assure that the ac- grams for the fiscal year ending September paigns. It seems to be the vogue. But I cused of a crime, that their behavior 30, 1998, and for other purposes,’’ having met, would hope in a committee made up of was based on facts that could prove the after full and free conference, have agreed to Democrats and Republicans, somebody guilt or innocence of an individual. Un- recommend and do recommend to their re- would have the courage to defend the fortunately, the majority’s standards spective Houses as follows: witness if somebody is being abusive. are much lower than that of law en- That the House recede from its disagree- I have seen Members of Congress be forcement, because the majority, and ment to the amendment of the Senate, and abusive to people. I have also seen agree to the same with an amendment, as especially the chairman of the Sub- follows: them shut up and be told they are liars committee on Oversight and Investiga- In lieu of the matter stricken and inserted and give as good as they get and get as tions of the Committee on Commerce, by said amendment, insert: good as they give. I know if the gen- held a hearing, and there were leaks That the following sums are appropriated, out tleman from Massachusetts [Mr. MOAK- before we had the hearing and they of any money in the Treasury not otherwise ap- LEY] were present or the gentleman promised with the leaks, to get the propriated, for the fiscal year ending September from Pennsylvania [Mr. KANJORSKI] media there, that there would be a 30, 1998, and for other purposes, namely: were present in a hearing and a witness smoking gun that would have the fin- TITLE I—EXPORT AND INVESTMENT was being abused, they would not stand gerprints of the Vice President on it. ASSISTANCE for it, and the abuser would not come EXPORT-IMPORT BANK OF THE UNITED STATES b out unscathed. 1930 The Export-Import Bank of the United States This is not an easy question. This is That was to get everybody to show is authorized to make such expenditures within a tough question. We have a conflict of up, and, lo and behold, we go up to the the limits of funds and borrowing authority hearing, and we have a memo from the available to such corporation, and in accord- rights, a conflict of interest. But it ance with law, and to make such contracts and seems to me the paramount right is for majority counsel once again saying we commitments without regard to fiscal year limi- the public to know, and they should are having a hearing, that, quote, and I tations, as provided by section 104 of the Gov- not have to rely on the narrow avail- am going to quote from the memo by ernment Corporation Control Act, as may be ability, the judgment, the taste, the the majority party, there is no smok- necessary in carrying out the program for the writing ability of print journalists. Not ing gun which opens us up to partisan current fiscal year for such corporation: Pro- everybody can see those papers, not ev- criticism for engaging in a witch hunt. vided, That none of the funds available during erybody reads the paper every day. But And that is exactly what they did. the current fiscal year may be used to make ex- They said in the same memo that, we penditures, contracts, or commitments for the you put the good old C–SPAN on and export of nuclear equipment, fuel, or technology you know what is going on. That is an are going to make people come and tes- to any country other than a nuclear-weapon advantage for democracy. tify under oath because, quote, it State as defined in Article IX of the Treaty on Mr. MOAKLEY. Mr. Speaker, I yield forces key players to deny allegations the Non-Proliferation of Nuclear Weapons eligi- myself such time as I may consume. of misconduct under oath, and, I will ble to receive economic or military assistance November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10603 under this Act that has detonated a nuclear ex- such costs, including the cost of modifying such priated under this heading, up to $14,000,000 plosive after the date of enactment of this Act. loans, shall be as defined in section 502 of the may be made available for the African Develop- SUBSIDY APPROPRIATION Congressional Budget Act of 1974: Provided fur- ment Foundation and shall be apportioned di- For the cost of direct loans, loan guarantees, ther, That such sums shall be available for di- rectly to that agency: Provided further, That insurance, and tied-aid grants as authorized by rect loan obligations and loan guaranty commit- none of the funds made available in this Act nor section 10 of the Export-Import Bank Act of ments incurred or made during fiscal years 1998 any unobligated balances from prior appropria- 1945, as amended, $683,000,000 to remain avail- and 1999: Provided further, That such sums tions may be made available to any organization able until September 30, 2001: Provided, That shall remain available through fiscal year 2006 or program which, as determined by the Presi- such costs, including the cost of modifying such for the disbursement of direct and guaranteed dent of the United States, supports or partici- loans, shall be as defined in section 502 of the loans obligated in fiscal year 1998, and through pates in the management of a program of coer- Congressional Budget Act of 1974: Provided fur- fiscal year 2007 for the disbursement of direct cive abortion or involuntary sterilization: Pro- ther, That such sums shall remain available and guaranteed loans obligated in fiscal year vided further, That none of the funds made until 2013 for the disbursement of direct loans, 1999: Provided further, That in addition, such available under this heading may be used to pay loan guarantees, insurance and tied-aid grants sums as may be necessary for administrative ex- for the performance of abortion as a method of obligated in fiscal years 1998 and 1999: Provided penses to carry out the credit program may be family planning or to motivate or coerce any further, That up to $50,000,000 of funds appro- derived from amounts available for administra- person to practice abortions; and that in order priated by this paragraph shall remain available tive expenses to carry out the credit and insur- to reduce reliance on abortion in developing na- until expended and may be used for tied-aid ance programs in the Overseas Private Invest- tions, funds shall be available only to voluntary grant purposes: Provided further, That none of ment Corporation Noncredit Account and family planning projects which offer, either di- the funds appropriated by this Act or any prior merged with said account. rectly or through referral to, or information Act appropriating funds for foreign operations, FUNDS APPROPRIATED TO THE PRESIDENT about access to, a broad range of family plan- ning methods and services: Provided further, export financing, or related programs for tied- TRADE AND DEVELOPMENT AGENCY That in awarding grants for natural family aid credits or grants may be used for any other For necessary expenses to carry out the provi- planning under section 104 of the Foreign As- purpose except through the regular notification sions of section 661 of the Foreign Assistance sistance Act of 1961 no applicant shall be dis- procedures of the Committees on Appropriations: Act of 1961, $41,500,000, to remain available until criminated against because of such applicant’s Provided further, That funds appropriated by September 30, 1999: Provided, That the Trade religious or conscientious commitment to offer this paragraph are made available notwith- and Development Agency may receive reim- only natural family planning; and, addition- standing section 2(b)(2) of the Export-Import bursements from corporations and other entities ally, all such applicants shall comply with the Bank Act of 1945, in connection with the pur- for the costs of grants for feasibility studies and requirements of the previous proviso: Provided chase or lease of any product by any East Euro- other project planning services, to be deposited further, That for purposes of this or any other pean country, any Baltic State, or any agency as an offsetting collection to this account and to Act authorizing or appropriating funds for for- or national thereof. be available for obligation until September 30, eign operations, export financing, and related ADMINISTRATIVE EXPENSES 1999, for necessary expenses under this para- programs, the term ‘‘motivate’’, as it relates to For administrative expenses to carry out the graph: Provided further, That such reimburse- family planning assistance, shall not be con- direct and guaranteed loan and insurance pro- ments shall not cover, or be allocated against, strued to prohibit the provision, consistent with grams (to be computed on an accrual basis), in- direct or indirect administrative costs of the local law, of information or counseling about all cluding hire of passenger motor vehicles and agency. pregnancy options: Provided further, That services as authorized by 5 U.S.C. 3109, and not TITLE II—BILATERAL ECONOMIC nothing in this paragraph shall be construed to to exceed $20,000 for official reception and rep- ASSISTANCE alter any existing statutory prohibitions against resentation expenses for members of the Board FUNDS APPROPRIATED TO THE PRESIDENT abortion under section 104 of the Foreign Assist- of Directors, $48,614,000: Provided, That nec- ance Act of 1961: Provided further, That not- essary expenses (including special services per- For expenses necessary to enable the Presi- withstanding section 109 of the Foreign Assist- formed on a contract or fee basis, but not in- dent to carry out the provisions of the Foreign ance Act of 1961, of the funds appropriated cluding other personal services) in connection Assistance Act of 1961, and for other purposes, under this heading in this Act, and of the unob- with the collection of moneys owed the Export- to remain available until September 30, 1998, un- ligated balances of funds previously appro- Import Bank, repossession or sale of pledged col- less otherwise specified herein, as follows: priated under this heading, not to exceed lateral or other assets acquired by the Export- AGENCY FOR INTERNATIONAL DEVELOPMENT $2,500,000 shall be transferred to ‘‘International Import Bank in satisfaction of moneys owed the CHILD SURVIVAL AND DISEASE PROGRAMS FUND Organizations and Programs’’ for a contribution Export-Import Bank, or the investigation or ap- For necessary expenses to carry out the provi- to the International Fund for Agricultural De- praisal of any property, or the evaluation of the sions of chapters 1 and 10 of part I of the For- velopment (IFAD), and that any such transfer legal or technical aspects of any transaction for eign Assistance Act of 1961, for child survival, of funds shall be subject to the regular notifica- which an application for a loan, guarantee or basic education, assistance to combat tropical tion procedures of the Committees on Appropria- insurance commitment has been made, shall be and other diseases, and related activities, in ad- tions: Provided further, That of the funds ap- considered nonadministrative expenses for the dition to funds otherwise available for such pur- propriated under this heading that are made purposes of this heading: Provided further, poses, $650,000,000, to remain available until ex- available for assistance programs for displaced That, notwithstanding subsection (b) of section pended: Provided, That this amount shall be and orphaned children and victims of war, not 117 of the Export Enhancement Act of 1992, sub- made available for such activities as: (1) immu- to exceed $25,000, in addition to funds otherwise section (a) thereof shall remain in effect until nization programs; (2) oral rehydration pro- available for such purposes, may be used to October 1, 1998. grams; (3) health and nutrition programs, and monitor and provide oversight of such programs: OVERSEAS PRIVATE INVESTMENT CORPORATION related education programs, which address the Provided further, That none of the funds made NONCREDIT ACCOUNT needs of mothers and children; (4) water and available under this heading may be used for The Overseas Private Investment Corporation sanitation programs; (5) assistance for displaced any activity which is in contravention to the is authorized to make, without regard to fiscal and orphaned children; (6) programs for the Convention on International Trade in Endan- year limitations, as provided by 31 U.S.C. 9104, prevention, treatment, and control of, and re- gered Species of Flora and Fauna (CITES). such expenditures and commitments within the search on, tuberculosis, HIV/AIDS, polio, ma- laria and other diseases; (7) up to $98,000,000 for PRIVATE AND VOLUNTARY ORGANIZATIONS limits of funds available to it and in accordance None of the funds appropriated or otherwise with law as may be necessary: Provided, That basic education programs for children; and (8) a contribution on a grant basis to the United Na- made available by this Act for development as- the amount available for administrative ex- sistance may be made available to any United penses to carry out the credit and insurance tions Children’s Fund (UNICEF) pursuant to section 301 of the Foreign Assistance Act of 1961. States private and voluntary organization, ex- programs (including an amount for official re- cept any cooperative development organization, AGENCY FOR INTERNATIONAL DEVELOPMENT ception and representation expenses which shall which obtains less than 20 per centum of its not exceed $35,000) shall not exceed $32,000,000: DEVELOPMENT ASSISTANCE total annual funding for international activities Provided further, That project-specific trans- (INCLUDING TRANSFER OF FUNDS) from sources other than the United States Gov- action costs, including direct and indirect costs For necessary expenses to carry out the provi- ernment: Provided, That the requirements of the incurred in claims settlements, and other direct sions of sections 103 through 106 and chapter 10 provisions of section 123(g) of the Foreign As- costs associated with services provided to spe- of part I of the Foreign Assistance Act of 1961, sistance Act of 1961 and the provisions on pri- cific investors or potential investors pursuant to title V of the International Security and Devel- vate and voluntary organizations in title II of section 234 of the Foreign Assistance Act of 1961, opment Cooperation Act of 1980 (Public Law 96– the ‘‘Foreign Assistance and Related Programs shall not be considered administrative expenses 533) and the provisions of section 401 of the For- Appropriations Act, 1985’’ (as enacted in Public for the purposes of this heading. eign Assistance Act of 1969, $1,210,000,000, to re- Law 98–473) shall be superseded by the provi- PROGRAM ACCOUNT main available until September 30, 1999: Pro- sions of this section, except that the authority For the cost of direct and guaranteed loans, vided, That of the amount appropriated under contained in the last sentence of section 123(g) $60,000,000, as authorized by section 234 of the this heading, up to $22,000,000 may be made may be exercised by the Administrator with re- Foreign Assistance Act of 1961 to be derived by available for the Inter-American Foundation gard to the requirements of this paragraph. transfer from the Overseas Private Investment and shall be apportioned directly to that Agen- Funds appropriated or otherwise made avail- Corporation noncredit account: Provided, That cy: Provided further, That of the amount appro- able under title II of this Act should be made H10604 CONGRESSIONAL RECORD — HOUSE November 12, 1997 available to private and voluntary organiza- implementation of improvements in the foreign whichever is later: Provided further, That not tions at a level which is at least equivalent to credit reporting system of the United States gov- less than $815,000,000 shall be available only for the level provided in fiscal year 1995. Such pri- ernment. Egypt, which sum shall be provided on a grant vate and voluntary organizations shall include MICRO AND SMALL ENTERPRISE DEVELOPMENT basis, and of which sum cash transfer assistance those which operate on a not-for-profit basis, PROGRAM ACCOUNT may be provided, with the understanding that receive contributions from private sources, re- For the cost of direct loans and loan guaran- Egypt will undertake significant economic re- ceive voluntary support from the public and are tees, $1,500,000, as authorized by section 108 of forms which are additional to those which were deemed to be among the most cost-effective and the Foreign Assistance Act of 1961, as amended: undertaken in previous fiscal years: Provided successful providers of development assistance. Provided, That such costs shall be as defined in further, That in exercising the authority to pro- CYPRUS section 502 of the Congressional Budget Act of vide cash transfer assistance for Israel, the Of the funds appropriated under the headings 1974: Provided further, That guarantees of loans President shall ensure that the level of such as- ‘‘Development Assistance’’ and ‘‘Economic Sup- made under this heading in support of micro- sistance does not cause an adverse impact on port Fund’’, not less than $15,000,000 shall be enterprise activities may guarantee up to 70 per- the total level of nonmilitary exports from the made available for Cyprus to be used only for cent of the principal amount of any such loans United States to such country: Provided further, scholarships, administrative support of the notwithstanding section 108 of the Foreign As- That of the funds appropriated under this head- scholarship program, bicommunal projects, and sistance Act of 1961. In addition, for administra- ing, not less than $150,000,000 shall be made measures aimed at reunification of the island tive expenses to carry out programs under this available for Jordan: Provided further, That of and designed to reduce tensions and promote heading, $500,000, all of which may be trans- the funds made available under this heading in peace and cooperation between the two commu- ferred to and merged with the appropriation for previous Acts making appropriations for foreign nities on Cyprus. Operating Expenses of the Agency for Inter- operations, export financing, and related pro- BURMA national Development: Provided further, That grams, notwithstanding any provision in any such heading in such previous Acts, up to Of the funds appropriated under the headings funds made available under this heading shall $116,000,000 may be allocated or made available ‘‘Development Assistance’’ and ‘‘Economic Sup- remain available until September 30, 1999. for programs and activities under this heading port Fund’’, not less than $5,000,000 shall be URBAN AND ENVIRONMENTAL CREDIT PROGRAM including the Middle East Peace and Stability made available to support activities in Burma, ACCOUNT Fund: Provided further, That in carrying out along the Burma-Thailand border, and for ac- For the cost, as defined in section 502 of the the previous proviso, the President should seek tivities of Burmese student groups and other or- Congressional Budget Act of 1974, of guaranteed to ensure to the extent feasible that not more ganizations located outside Burma: Provided, loans authorized by sections 221 and 222 of the than 1 percent of the amount specified in sec- That funds made available for Burma related Foreign Assistance Act of 1961, including the tion 586 of this Act should be derived from funds activities under this heading may be made avail- cost of guaranteed loans designed to promote that would otherwise be made available for any able notwithstanding any other provision of the urban and environmental policies and objec- single country: Provided further, That funds law: Provided further, That provision of such tives of part I of such Act, $3,000,000, to remain provided for the Middle East Peace and Stabil- funds shall be made available subject to the reg- available until September 30, 1999: Provided, ity Fund by a country in the region under the ular notification procedures of the Committees That these funds are available to subsidize loan authority of section 635(d) of the Foreign Assist- on Appropriations. principal, 100 percent of which shall be guaran- ance Act of 1961, and funds made available for CAMBODIA teed, pursuant to the authority of such sections. In addition, for administrative expenses to carry Jordan following the date of enactment of this None of the funds appropriated in this Act out guaranteed loan programs, $6,000,000, all of Act from previous Acts making appropriations may be made available for the Government of which may be transferred to and merged with for foreign operations, export financing, and re- Cambodia: Provided, That the restrictions under the appropriation for Operating Expenses of the lated programs, shall count toward meeting the this heading shall not apply to humanitarian, Agency for International Development: Provided earmark contained in the fourth proviso under demining or election-related programs or activi- further, That commitments to guarantee loans this heading: Provided further, That up to ties: Provided further, That such funds shall be under this heading may be entered into notwith- $10,000,000 of funds under this heading in pre- subject to the regular notification procedures of standing the second and third sentences of sec- vious foreign operations, export financing, and the Committees on Appropriations: Provided tion 222(a) and, with regard to programs for related programs appropriations Acts that were further, That 30 days after enactment of this Central and Eastern Europe and programs for reprogrammed for Jordan during fiscal year 1997 Act, the President shall report to the Committees the benefit of South Africans disadvantaged by shall also count toward such earmark: Provided on Appropriations on the results of the FBI in- apartheid, section 223(j) of the Foreign Assist- further, That, in order to facilitate the imple- vestigation into the bombing attack in Phnom ance Act of 1961. mentation of the fourth proviso under this head- Penh on March 30, 1997. PAYMENT TO THE FOREIGN SERVICE RETIREMENT ing, the requirement of section 515 of this Act or INTERNATIONAL DISASTER ASSISTANCE AND DISABILITY FUND any similar provision of law shall not apply to For necessary expenses for international dis- the making available of funds appropriated for For payment to the ‘‘Foreign Service Retire- aster relief, rehabilitation, and reconstruction a fiscal year for programs, projects, or activities ment and Disability Fund’’, as authorized by assistance pursuant to section 491 of the Foreign that were justified for another fiscal year: Pro- the Foreign Service Act of 1980, $44,208,000. Assistance Act of 1961, as amended, $190,000,000, vided further, That for fiscal year 1998 such to remain available until expended. OPERATING EXPENSES OF THE AGENCY FOR portions of the notification required under sec- INTERNATIONAL DEVELOPMENT DEBT RESTRUCTURING tion 653 of the Foreign Assistance Act of 1961 For necessary expenses to carry out the provi- that relate to the Middle East may be submitted For the cost, as defined in section 502 of the sions of section 667, $473,000,000: Provided, That Congressional Budget Act of 1974, of modifying to the Congress as soon as practicable, but no none of the funds appropriated by this Act for later than March 1, 1998: Provided further, That direct loans and loan guarantees, as the Presi- programs administered by the Agency for Inter- dent may determine, for which funds have been during fiscal year 1998, of the local currencies national Development may be used to finance generated from funds made available under this appropriated or otherwise made available for printing costs of any report or study (except fea- programs within the International Affairs heading for Guatemala by this Act and prior sibility, design, or evaluation reports or studies) Appropriations Acts, the United States and Budget Function 150, including the cost of sell- in excess of $25,000 without the approval of the ing, reducing, or canceling amounts, through Guatemala may jointly program the Guatemala Administrator of the Agency or the Administra- quetzales equivalent of a total of up to debt buybacks and swaps, owed to the United tor’s designee. States as a result of concessional loans made to $10,000,000 for the purpose of retiring the debt OPERATING EXPENSES OF THE AGENCY FOR INTER- eligible Latin American and Caribbean coun- owed by universities in Guatemala to the Inter- NATIONAL DEVELOPMENT OFFICE OF INSPECTOR tries, pursuant to part IV of the Foreign Assist- American Development Bank. GENERAL ance Act of 1961; of modifying concessional INTERNATIONAL FUND FOR IRELAND For necessary expenses to carry out the provi- loans extended to least developed countries, as For necessary expenses to carry out the provi- sions of section 667, $29,047,000, to remain avail- authorized under section 411 of the Agricultural sions of chapter 4 of part II of the Foreign As- able until September 30, 1999, which sum shall Trade Development and Assistance Act of 1954, sistance Act of 1961, $19,600,000, which shall be be available for the Office of the Inspector Gen- as amended; and of modifying any obligation, or available for the United States contribution to eral of the Agency for International Develop- portion of such obligation for Latin American the International Fund for Ireland and shall be ment. countries to pay for purchases of United States made available in accordance with the provi- agricultural commodities guaranteed by the OTHER BILATERAL ECONOMIC ASSISTANCE sions of the Anglo-Irish Agreement Support Act Commodity Credit Corporation under export ECONOMIC SUPPORT FUND of 1986 (Public Law 99–415): Provided, That credit guarantee programs authorized pursuant For necessary expenses to carry out the provi- such amount shall be expended at the minimum to section 5(f) of the Commodity Credit Corpora- sions of chapter 4 of part II, $2,400,000,000, to re- rate necessary to make timely payment for tion Charter Act of June 29, 1948, as amended, main available until September 30, 1999: Pro- projects and activities: Provided further, That section 4(b) of the Food for Peace Act of 1966, as vided, That of the funds appropriated under funds made available under this heading shall amended (Public Law 89–808), or section 202 of this heading, not less than $1,200,000,000 shall remain available until September 30, 1999. the Agricultural Trade Act of 1978, as amended be available only for Israel, which sum shall be ASSISTANCE FOR EASTERN EUROPE AND THE (Public Law 95–501); $27,000,000, to remain available on a grant basis as a cash transfer BALTIC STATES available until expended: Provided, That not to and shall be disbursed within thirty days of en- (a) For necessary expenses to carry out the exceed $1,500,000 of such funds may be used for actment of this Act or by October 31, 1997, provisions of the Foreign Assistance Act of 1961 November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10605 and the Support for East European Democracy (1) unless that Government is making progress ments to provide Iran with technical expertise, (SEED) Act of 1989, $485,000,000, to remain in implementing comprehensive economic re- training, technology, or equipment necessary to available until September 30, 1999, which shall forms based on market principles, private own- develop a nuclear reactor, related nuclear re- be available, notwithstanding any other provi- ership, negotiating repayment of commercial search facilities or programs, or ballistic missile sion of law, for economic assistance and for re- debt, respect for commercial contracts, and equi- capability. lated programs for Eastern Europe and the Bal- table treatment of foreign private investment; (2) Notwithstanding paragraph (1) assistance tic States. (2) if that Government applies or transfers may be provided for the Government of Russia if (b) Funds appropriated under this heading or United States assistance to any entity for the the President determines and certifies to the in prior appropriations Acts that are or have purpose of expropriating or seizing ownership or Committees on Appropriations that making such been made available for an Enterprise Fund control of assets, investments, or ventures; and funds available (A) is vital to the national secu- may be deposited by such Fund in interest-bear- (3) funds may be furnished without regard to rity interest of the United States, and (B) that ing accounts prior to the Fund’s disbursement of this subsection if the President determines that the Government of Russia is taking meaningful such funds for program purposes. The Fund to do so is in the national interest. steps to limit major supply contracts and to cur- may retain for such program purposes any in- (c) None of the funds appropriated under this tail the transfer of technology and technological terest earned on such deposits without returning heading shall be made available to any govern- expertise related to activities referred to in para- such interest to the Treasury of the United ment of the new independent states of the graph (1). States and without further appropriation by the former Soviet Union if that government directs (k) Of the funds appropriated under this Congress. Funds made available for Enterprise any action in violation of the territorial integ- heading, not less than $225,000,000 shall be made Funds shall be expended at the minimum rate rity or national sovereignty of any other new available for Ukraine, which sum shall be pro- necessary to make timely payment for projects independent state, such as those violations in- vided with the understanding that Ukraine will and activities. cluded in the Helsinki Final Act: Provided, That undertake significant economic reforms which (c) Funds appropriated under this heading such funds may be made available without re- are additional to those which were undertaken shall be considered to be economic assistance gard to the restriction in this subsection if the in the previous fiscal year: Provided, That 50 under the Foreign Assistance Act of 1961 for President determines that to do so is in the na- percent of the amount made available in this purposes of making available the administrative tional security interest of the United States: subsection, exclusive of funds made available for authorities contained in that Act for the use of Provided further, That the restriction of this election related initiatives and nuclear reactor economic assistance. subsection shall not apply to the use of such safety activities, shall be withheld from obliga- (d) None of the funds appropriated under this funds for the provision of assistance for pur- tion and expenditure until the Secretary of heading may be made available for new housing poses of humanitarian and refugee relief. State determines and certifies no later than construction or repair or reconstruction of exist- (d) None of the funds appropriated under this April 30, 1998, that the Government of Ukraine ing housing in Bosnia and Herzegovina unless heading for the new independent states of the has made significant progress toward resolving directly related to the efforts of United States former Soviet Union shall be made available for complaints made by United States investors to troops to promote peace in said country. any state to enhance its military capability: the United States embassy prior to April 30, (e) With regard to funds appropriated or oth- Provided, That this restriction does not apply to 1997: Provided further, That funds made avail- erwise made available under this heading for demilitarization, demining, or nonproliferation able under this subsection, and funds appro- the economic revitalization program in Bosnia programs. priated for Ukraine in the Foreign Operations, and Herzegovina, and local currencies gen- (e) Funds appropriated under this heading erated by such funds (including the conversion Export Financing, and Related Programs Ap- shall be subject to the regular notification pro- of funds appropriated under this heading into propriations Act, 1997 as contained in Public cedures of the Committees on Appropriations. Law 104–208 shall be made available to complete currency used by Bosnia and Herzegovina as (f) Funds made available in this Act for assist- local currency and local currency returned or the preparation of safety analysis reports at ance to the new independent states of the each nuclear reactor in Ukraine over the next repaid under such program)— former Soviet Union shall be subject to the pro- (1) the Administrator of the Agency for Inter- three years. visions of section 117 (relating to environment national Development shall provide written ap- (l) Of the funds appropriated under this head- and natural resources) of the Foreign Assistance proval for grants and loans prior to the obliga- ing, not less than $250,000,000 shall be made Act of 1961. tion and expenditure of funds for such pur- available for assistance for the Southern (g) Funds appropriated under title II of this poses, and prior to the use of funds that have Caucasus region: Provided, That of the funds Act, including funds appropriated under this been returned or repaid to any lending facility provided under this subsection 37 percent shall heading, may be made available for assistance or grantee; and be made available for Georgia and 35 percent (2) the provisions of section 532 of this Act for Mongolia: Provided, That funds made avail- shall be made available for Armenia: Provided shall apply. able for assistance for Mongolia may be made further, That of the funds made available for (f) The President is authorized to withhold available in accordance with the purposes and the Southern Caucasus region, 28 percent funds appropriated under this heading made utilizing the authorities provided in chapter 11 should be used for reconstruction and remedial available for economic revitalization programs of part I of the Foreign Assistance Act of 1961. activities relating to the consequences of con- in Bosnia and Herzegovina, if he determines (h) In issuing new task orders, entering into flicts within the region, especially those in the and certifies to the Committees on Appropria- contracts, or making grants, with funds appro- vicinity of Abkhazia and Nagorno-Karabakh: tions that the Federation of Bosnia and priated under this heading or in prior appro- Provided further, That if the Secretary of State Herzegovina has not complied with article III of priations Acts, for projects or activities that after May 30, 1998, determines and reports to the annex 1–A of the General Framework Agreement have as one of their primary purposes the foster- relevant Committees of Congress that the full for Peace in Bosnia and Herzegovina concern- ing of private sector development, the Coordina- amount of reconstruction and remedial funds ing the withdrawal of foreign forces, and that tor for United States Assistance to the New that may be made available under the previous intelligence cooperation on training, investiga- Independent States and the implementing agen- proviso cannot be effectively utilized, up to 62.5 tions, and related activities between Iranian of- cy shall encourage the participation of and give percent of the amount provided under the pre- ficials and Bosnian officials has not been termi- significant weight to contractors and grantees vious proviso for reconstruction and remediation nated. who propose investing a significant amount of may be used for other purposes under this head- (g) Not to exceed $200,000,000 of the funds ap- their own resources (including volunteer serv- ing. propriated under this heading may be made ices and in-kind contributions) in such projects (m) Funds provided under the previous sub- available for Bosnia and Herzegovina exclusive and activities. section shall be made available for humani- of assistance for police training. (i) Funds appropriated under this heading or tarian assistance for refugees, displaced per- (h) Not to exceed $7,000,000 of the funds made in prior appropriations Acts that are or have sons, and needy civilians affected by the con- available for Bosnia and Herzegovina may be been made available for an Enterprise Fund flicts in the Southern Caucasus region, includ- made available for the cost, as defined in section may be deposited by such Fund in interest-bear- ing those in the vicinity of Abkhazia and 502 of the Congressional Budget Act of 1974, of ing accounts prior to the disbursement of such Nagorno-Karabakh, notwithstanding any other modifying direct loans and loan guarantees for funds by the Fund for program purposes. The provision of this or any other Act. said country. Fund may retain for such program purposes any (n) Funds made available under this Act or ASSISTANCE FOR THE NEW INDEPENDENT STATES interest earned on such deposits without return- any other Act may not be provided for assist- OF THE FORMER SOVIET UNION ing such interest to the Treasury of the United ance to the Government of Azerbaijan until the (a) For necessary expenses to carry out the States and without further appropriation by the President determines, and so reports to the Con- provisions of chapter 11 of part I of the Foreign Congress. Funds made available for Enterprise gress, that the Government of Azerbaijan is tak- Assistance Act of 1961 and the FREEDOM Sup- Funds shall be expended at the minimum rate ing demonstrable steps to cease all blockades port Act, for assistance for the new independent necessary to make timely payment for projects against Armenia and Nagorno-Karabakh: Pro- states of the former Soviet Union and for related and activities. vided, That the restriction of this subsection programs, $770,000,000, to remain available until (j)(1) Of the funds appropriated under this and section 907 of the FREEDOM Support Act September 30, 1999: Provided, That the provi- heading that are allocated for assistance for the shall not apply to— sions of such chapter shall apply to funds ap- Government of Russia, 50 percent shall be with- (1) activities to support democracy or assist- propriated by this paragraph. held from obligation until the President deter- ance under title V of the FREEDOM Support (b) None of the funds appropriated under this mines and certifies in writing to the Committees Act and section 1424 of Public Law 104–201; heading shall be made available to the Govern- on Appropriations that the Government of Rus- (2) any assistance provided by the Trade and ment of Russia— sia has terminated implementation of arrange- Development Agency under section 661 of the H10606 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Foreign Assistance Act of 1961 (22 U.S.C. 2421); United States Code; purchase and hire of pas- other provisions of the Agreed Framework be- and senger motor vehicles; and services as author- tween North Korea and the United States and (3) any activity carried out by a member of the ized by section 3109 of title 5, United States with the Confidential Minute; (2) North Korea United States and Foreign Commercial Service Code, $650,000,000: Provided, That not more is cooperating fully in the canning and safe while acting within his or her official capacity. than $12,000,000 shall be available for adminis- storage of all spent fuel from its graphite-mod- (o) None of the funds appropriated under this trative expenses: Provided further, That not less erated nuclear reactors and that such canning heading or in prior appropriations legislation than $80,000,000 shall be made available for ref- and safe storage is scheduled to be completed by may be made available to establish a joint pub- ugees from the former Soviet Union and Eastern April 1, 1998; and (3) North Korea has not sig- lic-private entity or organization engaged in the Europe and other refugees resettling in Israel. nificantly diverted assistance provided by the management of activities or projects supported REFUGEE RESETTLEMENT ASSISTANCE United States for purposes for which it was not by the Defense Enterprise Fund. For necessary expenses for the targeted assist- intended: Provided further, That the President INDEPENDENT AGENCY ance program authorized by title IV of the Im- may waive the certification requirements of the preceding proviso if the President determines PEACE CORPS migration and Nationality Act and section 501 that it is vital to the national security interests For expenses necessary to carry out the provi- of the Refugee Education Assistance Act of 1980 of the United States: Provided further, That no sions of the Peace Corps Act (75 Stat. 612), and administered by the Office of Refugee Re- settlement of the Department of Health and funds may be obligated for KEDO until thirty $222,000,000, including the purchase of not to ex- calendar days after submission to Congress of ceed five passenger motor vehicles for adminis- Human Services, in addition to amounts other- wise available for such purposes, $5,000,000. the waiver permitted under the preceding pro- trative purposes for use outside of the United viso: Provided further, That the obligation of States: Provided, That none of the funds appro- UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND any funds for KEDO shall be subject to the reg- priated under this heading shall be used to pay ular notification procedures of the Committees for abortions: Provided further, That funds ap- For necessary expenses to carry out the provi- sions of section 2(c) of the Migration and Refu- on Appropriations: Provided further, That the propriated under this heading shall remain Secretary of State shall submit to the appro- available until September 30, 1999. gee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain available priate congressional committees an annual re- DEPARTMENT OF STATE until expended: Provided, That the funds made port (to be submitted with the annual presen- INTERNATIONAL NARCOTICS CONTROL available under this heading are appropriated tation for appropriations) providing a full and For necessary expenses to carry out section notwithstanding the provisions contained in detailed accounting of the fiscal year request for 481 of the Foreign Assistance Act of 1961, section 2(c)(2) of the Migration and Refugee As- the United States contribution to KEDO, the ex- $215,000,000: Provided, That during fiscal year sistance Act of 1962 which would limit the pected operating budget of the Korean Penin- 1998, the Department of State may also use the amount of funds which could be appropriated sula Energy Development Organization, to in- authority of section 608 of the Act, without re- for this purpose. clude unpaid debt, proposed annual costs asso- ciated with heavy fuel oil purchases, and the gard to its restrictions, to receive non-lethal ex- NONPROLIFERATION, ANTI-TERRORISM, DEMINING amount of funds pledged by other donor nations cess property from an agency of the United AND RELATED PROGRAMS and organizations to support KEDO activities States Government for the purpose of providing For necessary expenses for nonproliferation, on a per country basis, and other related activi- it to a foreign country under chapter 8 of part anti-terrorism and related programs and activi- ties: Provided further, That of the funds made I of that Act subject to the regular notification ties, $133,000,000, to carry out the provisions of available under this heading, up to $10,000,000 procedures of the Committees on Appropriations: chapter 8 of part II of the Foreign Assistance may be made available to the Korean Peninsula Provided further, That not later than sixty days Act of 1961 for anti-terrorism assistance, section Energy Development Organization (KEDO), in after the date of enactment of this Act, the Sec- 504 of the FREEDOM Support Act for the Non- addition to funds otherwise made available retary of State in consultation with the Director proliferation and Disarmament Fund, section 23 under this heading for KEDO, if the Secretary of the Office of National Drug Control Policy of the Arms Export Control Act or the Foreign of State certifies and reports to the Committees shall submit a report to the Committees on Ap- Assistance Act of 1961 for demining, the clear- on Appropriations that, except for the funds propriations containing: (1) a list of all coun- ance of unexploded ordnance, and related ac- made available under this proviso, funds suffi- tries in which the United States carries out tivities, notwithstanding any other provision of cient to cover all outstanding debts owed by international counter-narcotics activities; (2) law, including activities implemented through KEDO for heavy fuel oil have been provided to the number, mission and agency affiliation of nongovernmental and international organiza- KEDO by donors other than the United States. United States personnel assigned to each such tions, section 301 of the Foreign Assistance Act country; and (3) all costs and expenses obligated of 1961 for a voluntary contribution to the Inter- TITLE III—MILITARY ASSISTANCE for each program, project or activity by each national Atomic Energy Agency (IAEA) and a FUNDS APPROPRIATED TO THE PRESIDENT United States agency in each country: Provided voluntary contribution to the Korean Peninsula INTERNATIONAL MILITARY EDUCATION AND further, That of the amount made available Energy Development Organization (KEDO): TRAINING under this heading not to exceed $5,000,000 shall Provided, That of this amount not to exceed For necessary expenses to carry out the provi- be allocated to operate the Western Hemisphere $15,000,000, to remain available until expended, sions of section 541 of the Foreign Assistance International Law Enforcement Academy: Pro- may be made available for the Nonproliferation Act of 1961, $50,000,000: Provided, That the civil- vided further, That 10 percent of the funds ap- and Disarmament Fund, notwithstanding any ian personnel for whom military education and propriated under this heading shall not be other provision of law, to promote bilateral and training may be provided under this heading available for obligation until the Secretary of multilateral activities relating to nonprolifera- may include civilians who are not members of a State submits a report to the Committees on Ap- tion and disarmament: Provided further, That government whose participation would contrib- propriations providing a financial plan for the such funds may also be used for such countries ute to improved civil-military relations, civilian funds appropriated under this heading and other than the new independent states of the control of the military, or respect for human under the heading ‘‘Narcotics Interdiction’’. former Soviet Union and international organiza- rights: Provided further, That funds appro- NARCOTICS INTERDICTION tions when it is in the national security interest priated under this heading for grant financed For necessary expenses to carry out the provi- of the United States to do so: Provided further, military education and training for Indonesia sions of section 481 of the Foreign Assistance That such funds shall be subject to the regular and Guatemala may only be available for ex- Act of 1961, $15,000,000, to remain available until notification procedures of the Committees on panded international military education and expended, in addition to amounts otherwise Appropriations: Provided further, That funds training and funds made available for Guate- available for such purposes, which shall be appropriated under this heading may be made mala may only be provided through the regular available for assistance, including procurement, available for the International Atomic Energy notification procedures of the Committees on for support of air drug interdiction and eradi- Agency only if the Secretary of State determines Appropriations: Provided further, That none of cation and other related purposes: Provided, (and so reports to the Congress) that Israel is the funds appropriated under this heading may That funds appropriated under this heading not being denied its right to participate in the be made available to support grant financed shall be made available subject to the regular activities of that Agency: Provided further, That military education and training at the School of notification procedures of the Committee on Ap- not to exceed $30,000,000 may be made available the Americas unless: (1) the Secretary of De- propriations. to the Korean Peninsula Energy Development fense certifies that the instruction and training MIGRATION AND REFUGEE ASSISTANCE Organization (KEDO) only for the administra- provided by the School of the Americas is fully For expenses, not otherwise provided for, nec- tive expenses and heavy fuel oil costs associated consistent with training and doctrine, particu- essary to enable the Secretary of State to pro- with the Agreed Framework: Provided further, larly with respect to the observance of human vide, as authorized by law, a contribution to the That such funds may be obligated to KEDO rights, provided by the Department of Defense International Committee of the Red Cross, as- only if, thirty days prior to such obligation of to United States military students at Depart- sistance to refugees, including contributions to funds, the President certifies and so reports to ment of Defense institutions whose primary pur- the International Organization for Migration Congress that: (1)(A) the parties to the Agreed pose is to train United States military personnel; and the United Nations High Commissioner for Framework are taking steps to assure that (2) the Secretary of Defense certifies that the Refugees, and other activities to meet refugee progress is made on the implementation of the Secretary of State, in consultation with the Sec- and migration needs; salaries and expenses of January 1, 1992, Joint Declaration on the retary of Defense, has developed and issued spe- personnel and dependents as authorized by the Denuclearization of the Korean Peninsula and cific guidelines governing the selection and Foreign Service Act of 1980; allowances as au- the implementation of the North-South dialogue, screening of candidates for instruction at the thorized by sections 5921 through 5925 of title 5, and (B) North Korea is complying with the School of the Americas; and (3) the Secretary of November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10607 Defense submits to the Committees on Appro- curement of defense articles, defense services, or pended, of which $234,503,100 shall be available priations a report detailing the training activi- design and construction services that are not to pay for the tenth replenishment: Provided, ties of the School of the Americas and a general sold by the United States Government under the That none of the funds may be obligated or assessment regarding the performance of its Arms Export Control Act unless the foreign made available until the Secretary of the Treas- graduates during 1996. country proposing to make such procurements ury certifies to the Committees on Appropria- FOREIGN MILITARY FINANCING PROGRAM has first signed an agreement with the United tions that procurement restrictions applicable to For expenses necessary for grants to enable States Government specifying the conditions United States firms under the terms of the In- the President to carry out the provisions of sec- under which such procurements may be fi- terim Trust Fund have been lifted from all funds tion 23 of the Arms Export Control Act, nanced with such funds: Provided, That all which Interim Trust Fund donors proposed to $3,296,550,000: Provided, That of the funds ap- country and funding level increases in alloca- set aside for review of procurement restrictions propriated under this heading, not less than tions shall be submitted through the regular no- at the conclusion of the February 1997 IDA Dep- $1,800,000,000 shall be available for grants only tification procedures of section 515 of this Act: uties Meeting in Paris. for Israel, and not less than $1,300,000,000 shall Provided further, That none of the funds appro- CONTRIBUTION TO THE INTER-AMERICAN be made available for grants only for Egypt: priated under this heading shall be available for DEVELOPMENT BANK Provided further, That the funds appropriated Sudan and Liberia: Provided further, That For payment to the Inter-American Develop- by this paragraph for Israel shall be disbursed funds made available under this heading may be ment Bank by the Secretary of the Treasury, for within thirty days of enactment of this Act or used, notwithstanding any other provision of the United States share of the paid-in share por- by October 31, 1997, whichever is later: Provided law, for demining, the clearance of unexploded tion of the increase in capital stock, $25,610,667, further, That to the extent that the Government ordnance, and related activities and may in- and for the United States share of the increase of Israel requests that funds be used for such clude activities implemented through non- in the resources of the Fund for Special Oper- purposes, grants made available for Israel by governmental and international organizations: ations, $20,835,000, to remain available until ex- this paragraph shall, as agreed by Israel and Provided further, That only those countries for pended. the United States, be available for advanced which assistance was justified for the ‘‘Foreign LIMITATION ON CALLABLE CAPITAL weapons systems, of which not less than Military Sales Financing Program’’ in the fiscal SUBSCRIPTIONS $475,000,000 shall be available for the procure- year 1989 congressional presentation for security The United States Governor of the Inter- ment in Israel of defense articles and defense assistance programs may utilize funds made American Development Bank may subscribe services, including research and development: available under this heading for procurement of without fiscal year limitation to the callable Provided further, That of the funds appro- defense articles, defense services or design and capital portion of the United States share of priated by this paragraph, not less than construction services that are not sold by the such capital stock in an amount not to exceed $75,000,000 shall be available for assistance for United States Government under the Arms Ex- $1,503,718,910. Jordan: Provided further, That during fiscal port Control Act: Provided further, That subject year 1998 the President is authorized to, and CONTRIBUTION TO THE ENTERPRISE FOR THE to the regular notification procedures of the AMERICAS MULTILATERAL INVESTMENT FUND shall, direct drawdowns of defense articles from Committees on Appropriations, funds made the stocks of the Department of Defense, defense For payment to the Enterprise for the Ameri- available under this heading for the cost of di- cas Multilateral Investment Fund by the Sec- services of the Department of Defense, and mili- rect loans may also be used to supplement the tary education and training of an aggregate retary of the Treasury, for the United States funds available under this heading for grants, contribution to the Fund to be administered by value of not less than $25,000,000 under the au- and funds made available under this heading thority of this proviso for Jordan for the pur- the Inter-American Development Bank, for grants may also be used to supplement the $30,000,000 to remain available until expended, poses of part II of the Foreign Assistance Act of funds available under this heading for the cost 1961, and any amount so directed shall count to- which shall be available for contributions pre- of direct loans: Provided further, That funds viously due. ward meeting the earmark in the previous pro- appropriated under this heading shall be ex- viso: Provided further, That section 506(c) of the CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK pended at the minimum rate necessary to make Foreign Assistance Act of 1961 shall apply, and For payment to the Asian Development Bank timely payment for defense articles and services: section 632(d) of the Foreign Assistance Act of by the Secretary of the Treasury for the United Provided further, That not more than 1961 shall not apply, to any such drawdown: States share of the paid-in portion of the in- $23,250,000 of the funds appropriated under this Provided further, That of the funds appro- crease in capital stock, $13,221,596, to remain heading may be obligated for necessary ex- priated by this paragraph, a total of $18,300,000 available until expended. penses, including the purchase of passenger should be available for assistance for Estonia, motor vehicles for replacement only for use out- LIMITATION ON CALLABLE CAPITAL Latvia, and Lithuania: Provided further, That side of the United States, for the general costs of SUBSCRIPTIONS none of the funds made available under this administering military assistance and sales: Pro- The United States Governor of the Asian De- heading shall be available for any non-NATO vided further, That none of the funds under this velopment Bank may subscribe without fiscal country participating in the Partnership for heading shall be available for Guatemala: Pro- year limitation to the callable capital portion of Peace Program except through the regular noti- vided further, That not more than $350,000,000 the United States share of such capital stock in fication procedures of the Committees on Appro- of funds realized pursuant to section 21(e)(1)(A) an amount not to exceed $647,858,204. priations: Provided further, That funds appro- of the Arms Export Control Act may be obligated CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND priated by this paragraph shall be nonrepayable for expenses incurred by the Department of De- For the United States contribution by the Sec- notwithstanding any requirement in section 23 fense during fiscal year 1998 pursuant to section retary of the Treasury to the increases in re- of the Arms Export Control Act: Provided fur- 43(b) of the Arms Export Control Act, except sources of the Asian Development Fund, as au- ther, That funds made available under this that this limitation may be exceeded only thorized by the Asian Development Bank Act, as paragraph shall be obligated upon apportion- through the regular notification procedures of amended (Public Law 89–369), $150,000,000, of ment in accordance with paragraph (5)(C) of the Committees on Appropriations. which $50,000,000 shall be available for contribu- title 31, United States Code, section 1501(a): Pro- PEACEKEEPING OPERATIONS tions previously due, to remain available until vided further, That $50,000,000 of the funds ap- expended. propriated or otherwise made available under For necessary expenses to carry out the provi- CONTRIBUTION TO THE AFRICAN DEVELOPMENT this heading should be made available for the sions of section 551 of the Foreign Assistance FUND purpose of facilitating the integration of Po- Act of 1961, $77,500,000: Provided, That none of For the United States contribution by the Sec- land, Hungary, and the Czech Republic into the the funds appropriated under this heading shall retary of the Treasury to the increase in re- North Atlantic Treaty Organization. be obligated or expended except as provided For the cost, as defined in section 502 of the through the regular notification procedures of sources of the African Development Fund, Congressional Budget Act of 1974, of direct the Committees on Appropriations. $45,000,000, to remain available until expended loans authorized by section 23 of the Arms Ex- TITLE IV—MULTILATERAL ECONOMIC and which shall be available for contributions port Control Act as follows: cost of direct loans, ASSISTANCE previously due. CONTRIBUTION TO THE EUROPEAN BANK FOR $60,000,000: Provided, That these funds are FUNDS APPROPRIATED TO THE PRESIDENT available to subsidize gross obligations for the RECONSTRUCTION AND DEVELOPMENT INTERNATIONAL FINANCIAL INSTITUTIONS principal amount of direct loans of not to exceed For payment to the European Bank for Re- $657,000,000: Provided further, That the rate of CONTRIBUTION TO THE INTERNATIONAL BANK FOR construction and Development by the Secretary interest charged on such loans shall be not less RECONSTRUCTION AND DEVELOPMENT of the Treasury, $35,778,717, for the United than the current average market yield on out- For payment to the International Bank for States share of the paid-in portion of the in- standing marketable obligations of the United Reconstruction and Development by the Sec- crease in capital stock, to remain available until States of comparable maturities: Provided fur- retary of the Treasury, for the United States expended. ther, That funds appropriated under this para- contribution to the Global Environment Facility LIMITATION ON CALLABLE CAPITAL graph shall be made available for Greece and (GEF), $47,500,000, to remain available until SUBSCRIPTIONS Turkey only on a loan basis, and the principal September 30, 1999. The United States Governor of the European amount of direct loans for each country shall CONTRIBUTION TO THE INTERNATIONAL Bank for Reconstruction and Development may not exceed the following: $105,000,000 only for DEVELOPMENT ASSOCIATION subscribe without fiscal year limitation to the Greece and $150,000,000 only for Turkey. For payment to the International Develop- callable capital portion of the United States None of the funds made available under this ment Association by the Secretary of the Treas- share of such capital stock in an amount not to heading shall be available to finance the pro- ury, $1,034,503,100, to remain available until ex- exceed $123,237,803. H10608 CONGRESSIONAL RECORD — HOUSE November 12, 1997

NORTH AMERICAN DEVELOPMENT BANK $126,500 shall be for official residence expenses Foreign Assistance Act of 1961 to transfer funds, For payment to the North American Develop- of the Agency for International Development consults with and provides a written policy jus- ment Bank by the Secretary of the Treasury, for during the current fiscal year: Provided, That tification to the Committees on Appropriations the United States share of the paid-in portion of appropriate steps shall be taken to assure that, of the House of Representatives and the Senate: the capital stock, $56,500,000, to remain avail- to the maximum extent possible, United States- Provided, That the exercise of such authority able until expended of which $250,000 shall be owned foreign currencies are utilized in lieu of shall be subject to the regular notification pro- available for contributions previously due: Pro- dollars. cedures of the Committees on Appropriations. vided, That none of the funds appropriated LIMITATION ON EXPENSES DEOBLIGATION/REOBLIGATION AUTHORITY under this heading that are made available for SEC. 504. Of the funds appropriated or made SEC. 510. (a) Amounts certified pursuant to the Community Adjustment and Investment Pro- available pursuant to this Act, not to exceed section 1311 of the Supplemental Appropriations gram shall be used for purposes other than those $5,000 shall be for entertainment expenses of the Act, 1955, as having been obligated against ap- set out in the binational agreement establishing Agency for International Development during propriations heretofore made under the author- the Bank: Provided further, That of the amount the current fiscal year. ity of the Foreign Assistance Act of 1961 for the appropriated under this heading, not more than LIMITATION ON REPRESENTATIONAL ALLOWANCES same general purpose as any of the headings $41,250,000 may be expended for the purchase of SEC. 505. Of the funds appropriated or made under title II of this Act are, if deobligated, such capital shares in fiscal year 1998. available pursuant to this Act, not to exceed hereby continued available for the same period LIMITATION ON CALLABLE CAPITAL $95,000 shall be available for representation al- as the respective appropriations under such SUBSCRIPTIONS lowances for the Agency for International De- headings or until September 30, 1998, whichever The United States Governor of the North velopment during the current fiscal year: Pro- is later, and for the same general purpose, and American Development Bank may subscribe vided, That appropriate steps shall be taken to for countries within the same region as origi- without fiscal year limitation to the callable assure that, to the maximum extent possible, nally obligated: Provided, That the Appropria- capital portion of the United States share of the United States-owned foreign currencies are uti- tions Committees of both Houses of the Congress capital stock of the North American Develop- lized in lieu of dollars: Provided further, That of are notified fifteen days in advance of the re- ment Bank in an amount not to exceed the funds made available by this Act for general obligation of such funds in accordance with reg- $318,750,000. costs of administering military assistance and ular notification procedures of the Committees INTERNATIONAL ORGANIZATIONS AND PROGRAMS sales under the heading ‘‘Foreign Military Fi- on Appropriations. (b) Obligated balances of funds appropriated For necessary expenses to carry out the provi- nancing Program’’, not to exceed $2,000 shall be to carry out section 23 of the Arms Export Con- sions of section 301 of the Foreign Assistance available for entertainment expenses and not to trol Act as of the end of the fiscal year imme- Act of 1961, and of section 2 of the United Na- exceed $50,000 shall be available for representa- diately preceding the current fiscal year are, if tions Environment Program Participation Act of tion allowances: Provided further, That of the deobligated, hereby continued available during 1973, $192,000,000: Provided, That none of the funds made available by this Act under the the current fiscal year for the same purpose funds appropriated under this heading shall be heading ‘‘International Military Education and under any authority applicable to such appro- made available for the United Nations Fund for Training’’, not to exceed $50,000 shall be avail- priations under this Act: Provided, That the au- Science and Technology: Provided further, That able for entertainment allowances: Provided fur- thority of this subsection may not be used in fis- none of the funds appropriated under this head- ther, That of the funds made available by this cal year 1998. ing that are made available to the United Na- Act for the Inter-American Foundation, not to tions Population Fund (UNFPA) shall be made exceed $2,000 shall be available for entertain- AVAILABILITY OF FUNDS available for activities in the People’s Republic ment and representation allowances: Provided SEC. 511. No part of any appropriation con- of China: Provided further, That not more than further, That of the funds made available by tained in this Act shall remain available for ob- $25,000,000 of the funds appropriated under this this Act for the Peace Corps, not to exceed a ligation after the expiration of the current fiscal heading may be made available to UNFPA: Pro- total of $4,000 shall be available for entertain- year unless expressly so provided in this Act: vided further, That not more than one-half of ment expenses: Provided further, That of the Provided, That funds appropriated for the pur- this amount may be provided to UNFPA before funds made available by this Act under the poses of chapters 1, 8, and 11 of part I, section March 1, 1998, and that no later than February heading ‘‘Trade and Development Agency’’, not 667, and chapter 4 of part II of the Foreign As- 15, 1998, the Secretary of State shall submit a re- to exceed $2,000 shall be available for represen- sistance Act of 1961, as amended, and funds pro- port to the Committees on Appropriations indi- tation and entertainment allowances. vided under the heading ‘‘Assistance for East- ern Europe and the Baltic States’’, shall remain cating the amount UNFPA is budgeting for the PROHIBITION ON FINANCING NUCLEAR GOODS available until expended if such funds are ini- People’s Republic of China in 1998: Provided SEC. 506. None of the funds appropriated or tially obligated before the expiration of their re- further, That any amount UNFPA plans to made available (other than funds for ‘‘Non- spective periods of availability contained in this spend in the People’s Republic of China in 1998 proliferation, Antiterrorism, Demining and Re- Act: Provided further, That, notwithstanding shall be deducted from the amount of funds pro- lated Programs’’) pursuant to this Act, for car- any other provision of this Act, any funds made vided to UNFPA after March 1, 1998, pursuant rying out the Foreign Assistance Act of 1961, available for the purposes of chapter 1 of part I to the previous provisos: Provided further, That may be used, except for purposes of nuclear and chapter 4 of part II of the Foreign Assist- with respect to any funds appropriated under safety, to finance the export of nuclear equip- ance Act of 1961 which are allocated or obli- this heading that are made available to UNFPA, ment, fuel, or technology. gated for cash disbursements in order to address UNFPA shall be required to maintain such PROHIBITION AGAINST DIRECT FUNDING FOR funds in a separate account and not commingle balance of payments or economic policy reform CERTAIN COUNTRIES objectives, shall remain available until ex- them with any other funds: Provided further, SEC. 507. None of the funds appropriated or That none of the funds appropriated under this pended: Provided further, That the report re- otherwise made available pursuant to this Act quired by section 653(a) of the Foreign Assist- heading may be made available to the Korean shall be obligated or expended to finance di- Peninsula Energy Development Organization ance Act of 1961 shall designate for each coun- rectly any assistance or reparations to Cuba, try, to the extent known at the time of submis- (KEDO) or the International Atomic Energy Iraq, Libya, North Korea, Iran, Sudan, or Agency (IAEA): Provided further, That not less sion of such report, those funds allocated for Syria: Provided, That for purposes of this sec- cash disbursement for balance of payment and than $4,000,000 should be made available to the tion, the prohibition on obligations or expendi- World Food Program. economic policy reform purposes. tures shall include direct loans, credits, insur- LIMITATION ON ASSISTANCE TO COUNTRIES IN TITLE V—GENERAL PROVISIONS ance and guarantees of the Export-Import Bank DEFAULT OBLIGATIONS DURING LAST MONTH OF or its agents. SEC. 512. No part of any appropriation con- AVAILABILITY MILITARY COUPS tained in this Act shall be used to furnish assist- SEC. 501. Except for the appropriations enti- SEC. 508. None of the funds appropriated or ance to any country which is in default during tled ‘‘International Disaster Assistance’’, and otherwise made available pursuant to this Act a period in excess of one calendar year in pay- ‘‘United States Emergency Refugee and Migra- shall be obligated or expended to finance di- ment to the United States of principal or interest tion Assistance Fund’’, not more than 15 per- rectly any assistance to any country whose duly on any loan made to such country by the United cent of any appropriation item made available elected Head of Government is deposed by mili- States pursuant to a program for which funds by this Act shall be obligated during the last tary coup or decree: Provided, That assistance are appropriated under this Act: Provided, That month of availability. may be resumed to such country if the President this section and section 620(q) of the Foreign As- PROHIBITION OF BILATERAL FUNDING FOR determines and reports to the Committees on Ap- sistance Act of 1961 shall not apply to funds INTERNATIONAL FINANCIAL INSTITUTIONS propriations that subsequent to the termination made available in this Act or during the current SEC. 502. Notwithstanding section 614 of the of assistance a democratically elected govern- fiscal year for Nicaragua and Liberia, and for Foreign Assistance Act of 1961, as amended, ment has taken office. any narcotics-related assistance for Colombia, none of the funds contained in title II of this TRANSFERS BETWEEN ACCOUNTS Bolivia, and Peru authorized by the Foreign As- Act may be used to carry out the provisions of SEC. 509. None of the funds made available by sistance Act of 1961 or the Arms Export Control section 209(d) of the Foreign Assistance Act of this Act may be obligated under an appropria- Act. 1961. tion account to which they were not appro- COMMERCE AND TRADE LIMITATION ON RESIDENCE EXPENSES priated, except for transfers specifically pro- SEC. 513. (a) None of the funds appropriated SEC. 503. Of the funds appropriated or made vided for in this Act, unless the President, prior or made available pursuant to this Act for direct available pursuant to this Act, not to exceed to the exercise of any authority contained in the assistance and none of the funds otherwise November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10609 made available pursuant to this Act to the Ex- justified to the Appropriations Committees for which are allocated to Israel shall not be less port-Import Bank and the Overseas Private In- obligation under any of these specific headings than the annual debt repayment (interest and vestment Corporation shall be obligated or ex- unless the Appropriations Committees of both principal) from Israel to the United States Gov- pended to finance any loan, any assistance or Houses of Congress are previously notified fif- ernment in recognition that such a principle any other financial commitments for establish- teen days in advance: Provided, That the Presi- serves United States interests in the region. ing or expanding production of any commodity dent shall not enter into any commitment of PROHIBITION ON FUNDING FOR ABORTIONS AND for export by any country other than the United funds appropriated for the purposes of section INVOLUNTARY STERILIZATION States, if the commodity is likely to be in surplus 23 of the Arms Export Control Act for the provi- SEC. 518. None of the funds made available to on world markets at the time the resulting pro- sion of major defense equipment, other than carry out part I of the Foreign Assistance Act of ductive capacity is expected to become operative conventional ammunition, or other major de- 1961, as amended, may be used to pay for the and if the assistance will cause substantial in- fense items defined to be aircraft, ships, missiles, performance of abortions as a method of family jury to United States producers of the same, or combat vehicles, not previously justified to planning or to motivate or coerce any person to similar, or competing commodity: Provided, That Congress or 20 percent in excess of the quan- practice abortions. None of the funds made such prohibition shall not apply to the Export- tities justified to Congress unless the Committees available to carry out part I of the Foreign As- Import Bank if in the judgment of its Board of on Appropriations are notified fifteen days in sistance Act of 1961, as amended, may be used to Directors the benefits to industry and employ- advance of such commitment: Provided further, pay for the performance of involuntary steriliza- ment in the United States are likely to outweigh That this section shall not apply to any re- tion as a method of family planning or to coerce the injury to United States producers of the programming for an activity, program, or project or provide any financial incentive to any person same, similar, or competing commodity, and the under chapter 1 of part I of the Foreign Assist- to undergo sterilizations. None of the funds Chairman of the Board so notifies the Commit- ance Act of 1961 of less than 10 percent of the made available to carry out part I of the For- tees on Appropriations. amount previously justified to the Congress for eign Assistance Act of 1961, as amended, may be (b) None of the funds appropriated by this or obligation for such activity, program, or project used to pay for any biomedical research which any other Act to carry out chapter 1 of part I for the current fiscal year: Provided further, relates in whole or in part, to methods of, or the of the Foreign Assistance Act of 1961 shall be That the requirements of this section or any performance of, abortions or involuntary steri- available for any testing or breeding feasibility similar provision of this Act or any other Act, lization as a means of family planning. None of study, variety improvement or introduction, including any prior Act requiring notification in the funds made available to carry out part I of consultancy, publication, conference, or train- accordance with the regular notification proce- the Foreign Assistance Act of 1961, as amended, ing in connection with the growth or production dures of the Committees on Appropriations, may may be obligated or expended for any country or in a foreign country of an agricultural commod- be waived if failure to do so would pose a sub- organization if the President certifies that the ity for export which would compete with a simi- stantial risk to human health or welfare: Pro- use of these funds by any such country or orga- lar commodity grown or produced in the United vided further, That in case of any such waiver, nization would violate any of the above provi- States: Provided, That this subsection shall not notification to the Congress, or the appropriate sions related to abortions and involuntary steri- prohibit— congressional committees, shall be provided as lizations: Provided, That none of the funds (1) activities designed to increase food security early as practicable, but in no event later than made available under this Act may be used to in developing countries where such activities three days after taking the action to which such lobby for or against abortion. will not have a significant impact in the export notification requirement was applicable, in the REPORTING REQUIREMENT of agricultural commodities of the United States; context of the circumstances necessitating such SEC. 519. Section 25 of the Arms Export Con- or waiver: Provided further, That any notification trol Act is amended— (2) research activities intended primarily to provided pursuant to such a waiver shall con- (1) in subsection (a), by striking ‘‘Congress’’ benefit American producers. tain an explanation of the emergency cir- and inserting in lieu thereof ‘‘appropriate con- gressional committees’’; SURPLUS COMMODITIES cumstances. (2) in subsection (b), by striking ‘‘the Commit- Drawdowns made pursuant to section SEC. 514. The Secretary of the Treasury shall tee on Foreign Relations of the Senate or the 506(a)(2) of the Foreign Assistance Act of 1961 instruct the United States Executive Directors of Committee on Foreign Affairs of the House of shall be subject to the regular notification pro- the International Bank for Reconstruction and Representatives’’ and inserting in lieu thereof cedures of the Committees on Appropriations. Development, the International Development ‘‘any of the congressional committees described Association, the International Finance Corpora- LIMITATION ON AVAILABILITY OF FUNDS FOR in subsection (e)’’; and tion, the Inter-American Development Bank, the INTERNATIONAL ORGANIZATIONS AND PROGRAMS (3) by adding the following subsection: International Monetary Fund, the Asian Devel- SEC. 516. Notwithstanding any other provision ‘‘(e) As used in this section, the term ‘appro- opment Bank, the Inter-American Investment of law or of this Act, none of the funds provided priate congressional committees’ means the Com- Corporation, the North American Development for ‘‘International Organizations and Pro- mittee on Foreign Relations and the Committee Bank, the European Bank for Reconstruction grams’’ shall be available for the United States on Appropriations of the Senate and the Com- and Development, the African Development proportionate share, in accordance with section mittee on International Relations and the Com- Bank, and the African Development Fund to 307(c) of the Foreign Assistance Act of 1961, for mittee on Appropriations of the House of Rep- use the voice and vote of the United States to any programs identified in section 307, or for resentatives.’’. oppose any assistance by these institutions, Libya, Iran, or, at the discretion of the Presi- SPECIAL NOTIFICATION REQUIREMENTS using funds appropriated or made available pur- dent, Communist countries listed in section SEC. 520. None of the funds appropriated in suant to this Act, for the production or extrac- 620(f) of the Foreign Assistance Act of 1961, as this Act shall be obligated or expended for Co- tion of any commodity or mineral for export, if amended: Provided, That, subject to the regular lombia, Haiti, Liberia, Pakistan, Panama, Peru, it is in surplus on world markets and if the as- notification procedures of the Committees on Serbia, Sudan, or the Democratic Republic of sistance will cause substantial injury to United Appropriations, funds appropriated under this Congo except as provided through the regular States producers of the same, similar, or compet- Act or any previously enacted Act making ap- notification procedures of the Committees on ing commodity. propriations for foreign operations, export fi- Appropriations. NOTIFICATION REQUIREMENTS nancing, and related programs, which are re- DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 515. For the purposes of providing the turned or not made available for organizations SEC. 521. For the purpose of this Act, ‘‘pro- Executive Branch with the necessary adminis- and programs because of the implementation of gram, project, and activity’’ shall be defined at trative flexibility, none of the funds made avail- this section or any similar provision of law, the Appropriations Act account level and shall able under this Act for ‘‘Child Survival and Dis- shall remain available for obligation through include all Appropriations and Authorizations ease Programs Fund’’, ‘‘Development Assist- September 30, 1999. Acts earmarks, ceilings, and limitations with the ance’’, ‘‘International organizations and pro- ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL exception that for the following accounts: Eco- grams’’, ‘‘Trade and Development Agency’’, SEC. 517. The Congress finds that progress on nomic Support Fund and Foreign Military Fi- ‘‘International narcotics control’’, ‘‘Narcotics the peace process in the Middle East is vitally nancing Program, ‘‘program, project, and activ- Interdiction’’, ‘‘Assistance for Eastern Europe important to United States security interests in ity’’ shall also be considered to include country, and the Baltic States’’, ‘‘Assistance for the New the region. The Congress recognizes that, in ful- regional, and central program level funding Independent States of the Former Soviet filling its obligations under the Treaty of Peace within each such account; for the development Union’’, ‘‘Economic Support Fund’’, ‘‘Peace- Between the Arab Republic of Egypt and the assistance accounts of the Agency for Inter- keeping operations’’, ‘‘Operating expenses of the State of Israel, done at Washington on March national Development ‘‘program, project, and Agency for International Development’’, ‘‘Oper- 26, 1979, Israel incurred severe economic bur- activity’’ shall also be considered to include ating expenses of the Agency for International dens. Furthermore, the Congress recognizes that central program level funding, either as (1) jus- Development Office of Inspector General’’, an economically and militarily secure Israel tified to the Congress, or (2) allocated by the ex- ‘‘Nonproliferation, anti-terrorism, demining and serves the security interests of the United States, ecutive branch in accordance with a report, to related programs’’, ‘‘Foreign Military Financing for a secure Israel is an Israel which has the in- be provided to the Committees on Appropria- Program’’, ‘‘International military education centive and confidence to continue pursuing the tions within thirty days of enactment of this and training’’, ‘‘Peace Corps’’, ‘‘Migration and peace process. Therefore, the Congress declares Act, as required by section 653(a) of the Foreign refugee assistance’’, shall be available for obli- that, subject to the availability of appropria- Assistance Act of 1961. gation for activities, programs, projects, type of tions, it is the policy and the intention of the CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES materiel assistance, countries, or other oper- United States that the funds provided in annual SEC. 522. Up to $10,000,000 of the funds made ations not justified or in excess of the amount appropriations for the Economic Support Fund available by this Act for assistance for family H10610 CONGRESSIONAL RECORD — HOUSE November 12, 1997 planning, health, child survival, basic edu- the regular notification procedures of the Com- (i) project and sector assistance activities; or cation, and AIDS, may be used to reimburse mittees on Appropriations. (ii) debt and deficit financing; or United States Government agencies, agencies of COMMERCIAL LEASING OF DEFENSE ARTICLES (B) for the administrative requirements of the State governments, institutions of higher learn- SEC. 528. Notwithstanding any other provision United States Government. ing, and private and voluntary organizations of law, and subject to the regular notification (3) PROGRAMMING ACCOUNTABILITY.—The for the full cost of individuals (including for the procedures of the Committees on Appropriations, Agency for International Development shall personal services of such individuals) detailed or the authority of section 23(a) of the Arms Export take all necessary steps to ensure that the assigned to, or contracted by, as the case may Control Act may be used to provide financing to equivalent of the local currencies disbursed pur- be, the Agency for International Development Israel, Egypt and NATO and major non-NATO suant to subsection (a)(2)(A) from the separate for the purpose of carrying out family planning allies for the procurement by leasing (including account established pursuant to subsection activities, child survival, and basic education leasing with an option to purchase) of defense (a)(1) are used for the purposes agreed upon activities, and activities relating to research on, articles from United States commercial suppliers, pursuant to subsection (a)(2). and the treatment and control of acquired im- not including Major Defense Equipment (other (4) TERMINATION OF ASSISTANCE PROGRAMS.— mune deficiency syndrome in developing coun- than helicopters and other types of aircraft hav- Upon termination of assistance to a country tries: Provided, That funds appropriated by this ing possible civilian application), if the Presi- under chapters 1 or 10 of part I or chapter 4 of Act that are made available for child survival dent determines that there are compelling for- part II (as the case may be), any unencumbered activities or activities relating to research on, eign policy or national security reasons for balances of funds which remain in a separate and the treatment and control of, acquired im- those defense articles being provided by commer- account established pursuant to subsection (a) mune deficiency syndrome may be made avail- cial lease rather than by government-to-govern- shall be disposed of for such purposes as may be able notwithstanding any provision of law that ment sale under such Act. agreed to by the government of that country restricts assistance to foreign countries: Pro- COMPETITIVE INSURANCE and the United States Government. vided further, That funds appropriated by this (5) CONFORMING AMENDMENTS.—The provi- SEC. 529. All Agency for International Devel- Act that are made available for family planning sions of this subsection shall supersede the tenth opment contracts and solicitations, and sub- activities may be made available notwithstand- and eleventh provisos contained under the contracts entered into under such contracts, ing section 512 of this Act and section 620(q) of heading ‘‘Sub-Saharan Africa, Development As- shall include a clause requiring that United the Foreign Assistance Act of 1961. sistance’’ as included in the Foreign Operations, States insurance companies have a fair oppor- Export Financing, and Related Programs Ap- PROHIBITION AGAINST INDIRECT FUNDING TO tunity to bid for insurance when such insurance propriations Act, 1989 and sections 531(d) and CERTAIN COUNTRIES is necessary or appropriate. EC 609 of the Foreign Assistance Act of 1961. S . 523. None of the funds appropriated or STINGERS IN THE PERSIAN GULF REGION otherwise made available pursuant to this Act (6) REPORTING REQUIREMENT.—The Adminis- SEC. 530. Except as provided in section 581 of shall be obligated to finance indirectly any as- trator of the Agency for International Develop- the Foreign Operations, Export Financing, and sistance or reparations to Cuba, Iraq, Libya, ment shall report on an annual basis as part of Related Programs Appropriations Act, 1990, the Iran, Syria, North Korea, or the People’s Re- the justification documents submitted to the United States may not sell or otherwise make public of China, unless the President of the Committees on Appropriations on the use of available any Stingers to any country bordering United States certifies that the withholding of local currencies for the administrative require- the Persian Gulf under the Arms Export Control these funds is contrary to the national interest ments of the United States Government as au- Act or chapter 2 of part II of the Foreign Assist- of the United States. thorized in subsection (a)(2)(B), and such report ance Act of 1961. RECIPROCAL LEASING shall include the amount of local currency (and DEBT-FOR-DEVELOPMENT United States dollar equivalent) used and/or to SEC. 524. Section 61(a) of the Arms Export SEC. 531. In order to enhance the continued be used for such purpose in each applicable Control Act is amended by striking out ‘‘1997’’ participation of nongovernmental organizations country. and inserting in lieu thereof ‘‘1998’’. in economic assistance activities under the For- (b) SEPARATE ACCOUNTS FOR CASH TRANS- NOTIFICATION ON EXCESS DEFENSE EQUIPMENT eign Assistance Act of 1961, including endow- FERS.—(1) If assistance is made available to the SEC. 525. Prior to providing excess Department ments, debt-for-development and debt-for-nature government of a foreign country, under chapters of Defense articles in accordance with section exchanges, a nongovernmental organization 1 or 10 of part I or chapter 4 of part II of the 516(a) of the Foreign Assistance Act of 1961, the which is a grantee or contractor of the Agency Foreign Assistance Act of 1961, as cash transfer Department of Defense shall notify the Commit- for International Development may place in in- assistance or as nonproject sector assistance, tees on Appropriations to the same extent and terest bearing accounts funds made available that country shall be required to maintain such under the same conditions as are other commit- under this Act or prior Acts or local currencies funds in a separate account and not commingle tees pursuant to subsection (c) of that section: which accrue to that organization as a result of them with any other funds. Provided, That before issuing a letter of offer to economic assistance provided under title II of (2) APPLICABILITY OF OTHER PROVISIONS OF sell excess defense articles under the Arms Ex- this Act and any interest earned on such invest- LAW.—Such funds may be obligated and ex- port Control Act, the Department of Defense ment shall be used for the purpose for which the pended notwithstanding provisions of law shall notify the Committees on Appropriations assistance was provided to that organization. which are inconsistent with the nature of this in accordance with the regular notification pro- SEPARATE ACCOUNTS assistance including provisions which are ref- cedures of such Committees: Provided further, SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL erenced in the Joint Explanatory Statement of That such Committees shall also be informed of CURRENCIES.—(1) If assistance is furnished to the Committee of Conference accompanying the original acquisition cost of such defense ar- the government of a foreign country under House Joint Resolution 648 (H. Report No. 98– ticles. chapters 1 and 10 of part I or chapter 4 of part 1159). AUTHORIZATION REQUIREMENT II of the Foreign Assistance Act of 1961 under (3) NOTIFICATION.—At least fifteen days prior SEC. 526. Funds appropriated by this Act may agreements which result in the generation of to obligating any such cash transfer or non- be obligated and expended notwithstanding sec- local currencies of that country, the Adminis- project sector assistance, the President shall tion 10 of Public Law 91–672 and section 15 of trator of the Agency for International Develop- submit a notification through the regular notifi- the State Department Basic Authorities Act of ment shall— cation procedures of the Committees on Appro- 1956. (A) require that local currencies be deposited priations, which shall include a detailed de- PROHIBITION ON BILATERAL ASSISTANCE TO in a separate account established by that gov- scription of how the funds proposed to be made TERRORIST COUNTRIES ernment; available will be used, with a discussion of the SEC. 527. (a) Notwithstanding any other provi- (B) enter into an agreement with that govern- United States interests that will be served by the sion of law, funds appropriated for bilateral as- ment which sets forth— assistance (including, as appropriate, a descrip- sistance under any heading of this Act and (i) the amount of the local currencies to be tion of the economic policy reforms that will be funds appropriated under any such heading in generated; and promoted by such assistance). a provision of law enacted prior to enactment of (ii) the terms and conditions under which the (4) EXEMPTION.—Nonproject sector assistance this Act, shall not be made available to any currencies so deposited may be utilized, consist- funds may be exempt from the requirements of country which the President determines— ent with this section; and subsection (b)(1) only through the notification (1) grants sanctuary from prosecution to any (C) establish by agreement with that govern- procedures of the Committees on Appropriations. individual or group which has committed an act ment the responsibilities of the Agency for Inter- COMPENSATION FOR UNITED STATES EXECUTIVE of international terrorism; or national Development and that government to DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- (2) otherwise supports international terrorism. monitor and account for deposits into and dis- TUTIONS (b) The President may waive the application bursements from the separate account. SEC. 533. (a) No funds appropriated by this of subsection (a) to a country if the President (2) USES OF LOCAL CURRENCIES.—As may be Act may be made as payment to any inter- determines that national security or humani- agreed upon with the foreign government, local national financial institution while the United tarian reasons justify such waiver. The Presi- currencies deposited in a separate account pur- States Executive Director to such institution is dent shall publish each waiver in the Federal suant to subsection (a), or an equivalent compensated by the institution at a rate which, Register and, at least fifteen days before the amount of local currencies, shall be used only— together with whatever compensation such Di- waiver takes effect, shall notify the Committees (A) to carry out chapters 1 or 10 of part I or rector receives from the United States, is in ex- on Appropriations of the waiver (including the chapter 4 of part II (as the case may be), for cess of the rate provided for an individual occu- justification for the waiver) in accordance with such purposes as— pying a position at level IV of the Executive November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10611 Schedule under section 5315 of title 5, United tax, tariff, labor, environment, and safety laws of Israel and the secondary and tertiary boy- States Code, or while any alternate United of that country do not apply, in part or in cotts of American firms that have commercial re- States Director to such institution is com- whole, to activities carried out within that zone lations with Israel and to expand the process of pensated by the institution at a rate in excess of or area, unless the President determines and normalizing ties between Arab League countries the rate provided for an individual occupying a certifies that such assistance is not likely to and Israel; and position at level V of the Executive Schedule cause a loss of jobs within the United States; or (D) encourage the allies and trading partners under section 5316 of title 5, United States Code. (c) assistance for any project or activity that of the United States to enact laws prohibiting (b) For purposes of this section, ‘‘inter- contributes to the violation of internationally businesses from complying with the boycott and national financial institutions’’ are: the Inter- recognized workers rights, as defined in section penalizing businesses that do comply. national Bank for Reconstruction and Develop- 502(a)(4) of the Trade Act of 1974, of workers in ANTI-NARCOTICS ACTIVITIES ment, the Inter-American Development Bank, the recipient country, including any designated SEC. 541. (a) Of the funds appropriated or oth- the Asian Development Bank, the Asian Devel- zone or area in that country: Provided, That in erwise made available by this Act for ‘‘Economic opment Fund, the African Development Bank, recognition that the application of this sub- Support Fund’’, assistance may be provided to the African Development Fund, the Inter- section should be commensurate with the level strengthen the administration of justice in coun- national Monetary Fund, the North American of development of the recipient country and sec- tries in Latin America and the Caribbean and in Development Bank, and the European Bank for tor, the provisions of this subsection shall not other regions consistent with the provisions of Reconstruction and Development. preclude assistance for the informal sector in section 534(b) of the Foreign Assistance Act of COMPLIANCE WITH UNITED NATIONS SANCTIONS such country, micro and small-scale enterprise, 1961, except that programs to enhance protec- AGAINST IRAQ and smallholder agriculture. tion of participants in judicial cases may be SEC. 534. None of the funds appropriated or SPECIAL AUTHORITIES conducted notwithstanding section 660 of that otherwise made available pursuant to this Act to SEC. 539. (a) Funds appropriated in title II of Act. carry out the Foreign Assistance Act of 1961 (in- this Act that are made available for Afghani- (b) Funds made available pursuant to this sec- cluding title IV of chapter 2 of part I, relating stan, Lebanon, and for victims of war, displaced tion may be made available notwithstanding to the Overseas Private Investment Corporation) children, displaced Burmese, humanitarian as- section 534(c) and the second and third sen- or the Arms Export Control Act may be used to sistance for Romania, and humanitarian assist- tences of section 534(e) of the Foreign Assistance provide assistance to any country that is not in ance for the peoples of Bosnia and Herzegovina, Act of 1961. Funds made available pursuant to compliance with the United Nations Security Croatia, and Kosova, may be made available subsection (a) for Bolivia, Colombia, and Peru Council sanctions against Iraq unless the Presi- notwithstanding any other provision of law. may be made available notwithstanding section dent determines and so certifies to the Congress (b) Funds appropriated by this Act to carry 534(c) and the second sentence of section 534(e) that— out the provisions of sections 103 through 106 of of the Foreign Assistance Act of 1961. (1) such assistance is in the national interest the Foreign Assistance Act of 1961 may be used, ELIGIBILITY FOR ASSISTANCE of the United States; notwithstanding any other provision of law, for SEC. 542. (a) ASSISTANCE THROUGH NON- (2) such assistance will directly benefit the the purpose of supporting tropical forestry and GOVERNMENTAL ORGANIZATIONS.—Restrictions needy people in that country; or energy programs aimed at reducing emissions of contained in this or any other Act with respect (3) the assistance to be provided will be hu- greenhouse gases, and for the purpose of sup- to assistance for a country shall not be con- manitarian assistance for foreign nationals who porting biodiversity conservation activities: Pro- strued to restrict assistance in support of pro- have fled Iraq and Kuwait. vided, That such assistance shall be subject to grams of nongovernmental organizations from COMPETITIVE PRICING FOR SALES OF DEFENSE sections 116, 502B, and 620A of the Foreign As- funds appropriated by this Act to carry out the ARTICLES sistance Act of 1961. provisions of chapters 1 and 10 and 11 of part I, SEC. 535. Direct costs associated with meeting (c) The Agency for International Development and chapter 4 of part II, of the Foreign Assist- a foreign customer’s additional or unique re- may employ personal services contractors, not- ance Act of 1961: Provided, That the President quirements will continue to be allowable under withstanding any other provision of law, for the shall take into consideration, in any case in contracts under section 22(d) of the Arms Export purpose of administering programs for the West which a restriction on assistance would be ap- Control Act. Loadings applicable to such direct Bank and Gaza. plicable but for this subsection, whether assist- costs shall be permitted at the same rates appli- (d)(1) WAIVER.—The President may waive the ance in support of programs of nongovernmental cable to procurement of like items purchased by provisions of section 1003 of Public Law 100–204 organizations is in the national interest of the the Department of Defense for its own use. if the President determines and certifies in writ- United States: Provided further, That before ing to the Speaker of the House of Representa- using the authority of this subsection to furnish EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO tives and the President Pro Tempore of the Sen- assistance in support of programs of nongovern- CLOSE THE SPECIAL DEFENSE ACQUISITION FUND ate that it is important to the national security mental organizations, the President shall notify SEC. 536. Title III of Public Law 103–306 is interests of the United States. the Committees on Appropriations under the amended under the heading ‘‘Special Defense (2) PERIOD OF APPLICATION OF WAIVER.—Any regular notification procedures of those commit- Acquisition Fund’’ by striking ‘‘1998’’ and in- waiver pursuant to paragraph (1) shall be effec- tees, including a description of the program to serting ‘‘2000’’. tive for no more than a period of six months at be assisted, the assistance to be provided, and AUTHORITIES FOR THE PEACE CORPS, THE INTER- a time and shall not apply beyond twelve the reasons for furnishing such assistance: Pro- AMERICAN FOUNDATION AND THE AFRICAN DE- months after enactment of this Act. vided further, That nothing in this subsection VELOPMENT FOUNDATION POLICY ON TERMINATING THE ARAB LEAGUE shall be construed to alter any existing statu- SEC. 537. Unless expressly provided to the con- BOYCOTT OF ISRAEL tory prohibitions against abortion or involun- trary, provisions of this or any other Act, in- SEC. 540. It is the sense of the Congress that— tary sterilizations contained in this or any other cluding provisions contained in prior Acts au- (1) the Arab League countries should imme- Act. thorizing or making appropriations for foreign diately and publicly renounce the primary boy- (b) PUBLIC LAW 480.—During fiscal year 1998, operations, export financing, and related pro- cott of Israel and the secondary and tertiary restrictions contained in this or any other Act grams, shall not be construed to prohibit activi- boycott of American firms that have commercial with respect to assistance for a country shall ties authorized by or conducted under the Peace ties with Israel; and not be construed to restrict assistance under the Corps Act, the Inter-American Foundation Act, (2) the decision by the Arab League in 1997 to Agricultural Trade Development and Assistance or the African Development Foundation Act. reinstate the boycott against Israel was deeply Act of 1954: Provided, That none of the funds The appropriate agency shall promptly report to troubling and disappointing; and appropriated to carry out title I of such Act and the Committees on Appropriations whenever it is (3) the Arab League should immediately re- made available pursuant to this subsection may conducting activities or is proposing to conduct scind its decision on the boycott and its members be obligated or expended except as provided activities in a country for which assistance is should develop normal relations with their through the regular notification procedures of prohibited. neighbor Israel; and the Committees on Appropriations. IMPACT ON JOBS IN THE UNITED STATES (4) the President should— (c) EXCEPTION.—This section shall not SEC. 538. None of the funds appropriated by (A) take more concrete steps to encourage vig- apply— this Act may be obligated or expended to pro- orously Arab League countries to renounce pub- (1) with respect to section 620A of the Foreign vide— licly the primary boycotts of Israel and the sec- Assistance Act or any comparable provision of (a) any financial incentive to a business en- ondary and tertiary boycotts of American firms law prohibiting assistance to countries that sup- terprise currently located in the United States that have commercial relations with Israel as a port international terrorism; or for the purpose of inducing such an enterprise confidence-building measure; (2) with respect to section 116 of the Foreign to relocate outside the United States if such in- (B) take into consideration the participation Assistance Act of 1961 or any comparable provi- centive or inducement is likely to reduce the of any recipient country in the primary boycott sion of law prohibiting assistance to countries number of employees of such business enterprise of Israel and the secondary and tertiary boy- that violate internationally recognized human in the United States because United States pro- cotts of American firms that have commercial re- rights. duction is being replaced by such enterprise out- lations with Israel when determining whether to EARMARKS side the United States; sell weapons to said country; SEC. 543. (a) Funds appropriated by this Act (b) assistance for the purpose of establishing (C) report to Congress on the specific steps which are earmarked may be reprogrammed for or developing in a foreign country any export being taken by the President to bring about a other programs within the same account not- processing zone or designated area in which the public renunciation of the Arab primary boycott withstanding the earmark if compliance with H10612 CONGRESSIONAL RECORD — HOUSE November 12, 1997 the earmark is made impossible by operation of tion 3109 of title 5, United States Code, shall be sistance for the Palestine Liberation Organiza- any provision of this or any other Act or, with limited to those contracts where such expendi- tion for the West Bank and Gaza. respect to a country with which the United tures are a matter of public record and available WAR CRIMES TRIBUNALS DRAWDOWN States has an agreement providing the United for public inspection, except where otherwise SEC. 553. If the President determines that States with base rights or base access in that provided under existing law, or under existing doing so will contribute to a just resolution of country, if the President determines that the re- Executive order pursuant to existing law. charges regarding genocide or other violations cipient for which funds are earmarked has sig- PRIVATE VOLUNTARY ORGANIZATIONS— of international humanitarian law, the Presi- nificantly reduced its military or economic co- DOCUMENTATION dent may direct a drawdown pursuant to sec- operation with the United States since enact- SEC. 549. None of the funds appropriated or tion 552(c) of the Foreign Assistance Act of 1961, ment of the Foreign Operations, Export Financ- made available pursuant to this Act shall be as amended, of up to $25,000,000 of commodities ing, and Related Programs Appropriations Act, available to a private voluntary organization and services for the United Nations War Crimes 1991; however, before exercising the authority of which fails to provide upon timely request any Tribunal established with regard to the former this subsection with regard to a base rights or document, file, or record necessary to the audit- Yugoslavia by the United Nations Security base access country which has significantly re- ing requirements of the Agency for Inter- Council or such other tribunals or commissions duced its military or economic cooperation with national Development. as the Council may establish to deal with such the United States, the President shall consult PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- violations, without regard to the ceiling limita- with, and shall provide a written policy jus- MENTS THAT EXPORT LETHAL MILITARY EQUIP- tion contained in paragraph (2) thereof: Pro- tification to the Committees on Appropriations: MENT TO COUNTRIES SUPPORTING INTER- vided, That the determination required under Provided, That any such reprogramming shall NATIONAL TERRORISM this section shall be in lieu of any determina- be subject to the regular notification procedures SEC. 550. (a) None of the funds appropriated tions otherwise required under section 552(c): of the Committees on Appropriations: Provided or otherwise made available by this Act may be Provided further, That sixty days after the date further, That assistance that is reprogrammed available to any foreign government which pro- of enactment of this Act, and every one hundred pursuant to this subsection shall be made avail- vides lethal military equipment to a country the eighty days thereafter, the Secretary of State able under the same terms and conditions as government of which the Secretary of State has shall submit a report to the Committees on Ap- originally provided. determined is a terrorist government for pur- propriations describing the steps the United (b) In addition to the authority contained in poses of section 40(d) of the Arms Export Con- States Government is taking to collect informa- tion regarding allegations of genocide or other subsection (a), the original period of availability trol Act. The prohibition under this section with violations of international law in the former of funds appropriated by this Act and adminis- respect to a foreign government shall terminate Yugoslavia and to furnish that information to tered by the Agency for International Develop- 12 months after that government ceases to pro- the United Nations War Crimes Tribunal for the ment that are earmarked for particular pro- vide such military equipment. This section ap- former Yugoslavia. grams or activities by this or any other Act shall plies with respect to lethal military equipment be extended for an additional fiscal year if the provided under a contract entered into after Oc- LANDMINES SEC. 554. Notwithstanding any other provision Administrator of such agency determines and tober 1, 1997. reports promptly to the Committees on Appro- (b) Assistance restricted by subsection (a) or of law, demining equipment available to the priations that the termination of assistance to a any other similar provision of law, may be fur- Agency for International Development and the country or a significant change in cir- nished if the President determines that furnish- Department of State and used in support of the cumstances makes it unlikely that such ear- ing such assistance is important to the national clearance of landmines and unexploded ord- nance for humanitarian purposes may be dis- marked funds can be obligated during the origi- interests of the United States. nal period of availability: Provided, That such (c) Whenever the waiver of subsection (b) is posed of on a grant basis in foreign countries, earmarked funds that are continued available exercised, the President shall submit to the ap- subject to such terms and conditions as the for an additional fiscal year shall be obligated propriate congressional committees a report with President may prescribe: Provided, That not only for the purpose of such earmark. respect to the furnishing of such assistance. later than 90 days after the enactment of this Act, the Secretary of Defense, in consultation Any such report shall include a detailed expla- CEILINGS AND EARMARKS with the Secretary of State, shall submit a re- nation of the assistance estimated to be pro- SEC. 544. Ceilings and earmarks contained in port to the Committees on Appropriations de- vided, including the estimated dollar amount of this Act shall not be applicable to funds or au- scribing potential alternative technologies or such assistance, and an explanation of how the thorities appropriated or otherwise made avail- tactics and a plan for the development of such assistance furthers United States national inter- able by any subsequent Act unless such Act spe- alternatives to protect anti-tank mines from ests. cifically so directs. tampering in a manner consistent with the PROHIBITION ON PUBLICITY OR PROPAGANDA WITHHOLDING OF ASSISTANCE FOR PARKING FINES ‘‘Convention on the Prohibition, Use, Stock- OWED BY FOREIGN COUNTRIES SEC. 545. No part of any appropriation con- piling, Production and Transfer of Anti-person- tained in this Act shall be used for publicity or SEC. 551. (a) IN GENERAL.—Of the funds made nel Mines and on Their Destruction’’. propaganda purposes within the United States available for a foreign country under part I of RESTRICTIONS CONCERNING THE PALESTINIAN not authorized before the date of enactment of the Foreign Assistance Act of 1961, an amount AUTHORITY this Act by the Congress: Provided, That not to equivalent to 110 percent of the total unpaid SEC. 555. None of the funds appropriated by exceed $500,000 may be made available to carry fully adjudicated parking fines and penalties this Act may be obligated or expended to create out the provisions of section 316 of Public Law owed to the District of Columbia by such coun- in any part of Jerusalem a new office of any de- 96–533. try as of the date of enactment of this Act shall partment or agency of the United States Govern- be withheld from obligation for such country PURCHASE OF AMERICAN-MADE EQUIPMENT AND ment for the purpose of conducting official until the Secretary of State certifies and reports PRODUCTS United States Government business with the in writing to the appropriate congressional com- SEC. 546. (a) To the maximum extent possible, Palestinian Authority over Gaza and Jericho or mittees that such fines and penalties are fully assistance provided under this Act should make any successor Palestinian governing entity pro- paid to the government of the District of Colum- full use of American resources, including com- vided for in the Israel-PLO Declaration of Prin- bia. modities, products, and services. ciples: Provided, That this restriction shall not (b) DEFINITION.—For purposes of this section, (b) It is the Sense of the Congress that, to the apply to the acquisition of additional space for the term ‘‘appropriate congressional commit- the existing Consulate General in Jerusalem: greatest extent practicable, all equipment and tees’’ means the Committee on Foreign Relations products purchased with funds made available Provided further, That meetings between offi- and the Committee on Appropriations of the cers and employees of the United States and of- in this Act should be American-made. Senate and the Committee on International Re- (c) In providing financial assistance to, or en- ficials of the Palestinian Authority, or any suc- lations and the Committee on Appropriations of cessor Palestinian governing entity provided for tering into any contract with, any entity using the House of Representatives. funds made available in this Act, the head of in the Israel-PLO Declaration of Principles, for LIMITATION ON ASSISTANCE FOR THE PLO FOR THE each Federal agency, to the greatest extent the purpose of conducting official United States WEST BANK AND GAZA practicable, shall provide to such entity a notice Government business with such authority SEC. 552. None of the funds appropriated by should continue to take place in locations other describing the statement made in subsection (b) this Act may be obligated for assistance for the than Jerusalem. As has been true in the past, of- by the Congress. Palestine Liberation Organization for the West ficers and employees of the United States Gov- PROHIBITION OF PAYMENTS TO UNITED NATIONS Bank and Gaza unless the President has exer- ernment may continue to meet in Jerusalem on MEMBERS cised the authority under section 604(a) of the other subjects with Palestinians (including SEC. 547. None of the funds appropriated or Middle East Peace Facilitation Act of 1995 (title those who now occupy positions in the Palestin- made available pursuant to this Act for carrying VI of Public Law 104–107) or any other legisla- ian Authority), have social contacts, and have out the Foreign Assistance Act of 1961, may be tion to suspend or make inapplicable section 307 incidental discussions. used to pay in whole or in part any assessments, of the Foreign Assistance Act of 1961 and that PROHIBITION OF PAYMENT OF CERTAIN EXPENSES arrearages, or dues of any member of the United suspension is still in effect: Provided, That if SEC. 556. None of the funds appropriated or Nations. the President fails to make the certification otherwise made available by this Act under the CONSULTING SERVICES under section 604(b)(2) of the Middle East Peace heading ‘‘International Military Education and SEC. 548. The expenditure of any appropria- Facilitation Act of 1995 or to suspend the prohi- Training’’ or ‘‘Foreign Military Financing Pro- tion under this Act for any consulting service bition under other legislation, funds appro- gram’’ for Informational Program activities may through procurement contract, pursuant to sec- priated by this Act may not be obligated for as- be obligated or expended to pay for— November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10613

(1) alcoholic beverages; (1) AUTHORITY TO SELL, REDUCE, OR CANCEL ed States to the eleventh replenishment of the (2) food (other than food provided at a mili- CERTAIN LOANS.—Notwithstanding any other resources of the International Development As- tary installation) not provided in conjunction provision of law, the President may, in accord- sociation, to the sixth replenishment of the re- with Informational Program trips where stu- ance with this section, sell to any eligible pur- sources of the Asian Development Fund, a spe- dents do not stay at a military installation; or chaser any concessional loan or portion thereof cial fund of the Asian Development Bank. The (3) entertainment expenses for activities that made before January 1, 1995, pursuant to the following amounts are authorized to be appro- are substantially of a recreational character, in- Foreign Assistance Act of 1961, to the govern- priated without fiscal year limitation for pay- cluding entrance fees at sporting events and ment of any eligible country as defined in sec- ment by the Secretary of the Treasury: (1) amusement parks. tion 702(6) of that Act or on receipt of payment $285,772,500 for paid-in capital, and $984,327,500 EQUITABLE ALLOCATION OF FUNDS from an eligible purchaser, reduce or cancel for callable capital of the European Bank for SEC. 557. Not more than 18 percent of the such loan or portion thereof, only for the pur- Reconstruction and Development; (2) funds appropriated by this Act to carry out the pose of facilitating— $1,600,000,000 for the International Development provisions of sections 103 through 106 and chap- (A) debt-for-equity swaps, debt-for-develop- Association; (3) $400,000,000 for the Asian Devel- ter 4 of part II of the Foreign Assistance Act of ment swaps, or debt-for-nature swaps; or opment Fund; and (4) $76,832,001 for paid-in 1961, that are made available for Latin America (B) a debt buyback by an eligible country of capital, and $4,511,156,729 for callable capital of and the Caribbean region may be made avail- its own qualified debt, only if the eligible coun- the Inter-American Development Bank in con- able, through bilateral and Latin America and try uses an additional amount of the local cur- nection with the eighth general increase in the the Caribbean regional programs, to provide as- rency of the eligible country, equal to not less resources of that Bank. Each such subscription sistance for any country in such region. than 40 percent of the price paid for such debt or contribution shall be subject to obtaining the SPECIAL DEBT RELIEF FOR THE POOREST by such eligible country, or the difference be- necessary appropriations. SEC. 558. (a) AUTHORITY TO REDUCE DEBT.— tween the price paid for such debt and the face (b) CONSIDERATION OF ENVIRONMENTAL IM- The President may reduce amounts owed to the value of such debt, to support activities that PACT OF INTERNATIONAL FINANCE CORPORATION United States (or any agency of the United link conservation and sustainable use of natural LOANS.—Section 1307 of the International Fi- States) by an eligible country as a result of— resources with local community development, nancial Institutions Act (Public Law 95–118) is (1) guarantees issued under sections 221 and and child survival and other child development, amended as follows: 222 of the Foreign Assistance Act of 1961; or in a manner consistent with sections 707 (1) in subsection (a)(1)(A) strike ‘‘borrowing (2) credits extended or guarantees issued through 710 of the Foreign Assistance Act of country’’ and insert in lieu thereof ‘‘borrower’’; under the Arms Export Control Act; (3) any obligation or portion of such obliga- 1961, if the sale, reduction, or cancellation (2) in subsection (a)(2)(A) strike ‘‘country’’; tion for a Latin American country, to pay for would not contravene any term or condition of and purchases of United States agricultural com- any prior agreement relating to such loan. (3) at the end of Section 1307, add a new sub- modities guaranteed by the Commodity Credit (2) TERMS AND CONDITIONS.—Notwithstanding section as follows: Corporation under export credit guarantee pro- any other provision of law, the President shall, ‘‘(g) For purposes of this section, the term grams authorized pursuant to section 5(f) of the in accordance with this section, establish the ‘multilateral development bank’ means any of Commodity Credit Corporation Charter Act of terms and conditions under which loans may be the institutions named in Section 1303(b) of this June 29, 1948, as amended, section 4(b) of the sold, reduced, or canceled pursuant to this sec- Act, and the International Finance Corpora- Food for Peace Act of 1966, as amended (Public tion. tion.’’. Law 89–808), or section 202 of the Agricultural (3) ADMINISTRATION.—The Facility, as defined (c) The Secretary of the Treasury shall in- Trade Act of 1978, as amended (Public Law 95– in section 702(8) of the Foreign Assistance Act of struct the United States Executive Directors of 501). 1961, shall notify the administrator of the agen- the International Bank for Reconstruction and (b) LIMITATIONS.— cy primarily responsible for administering part I Development and the International Develop- (1) The authority provided by subsection (a) of the Foreign Assistance Act of 1961 of pur- ment Association to use the voice and vote of may be exercised only to implement multilateral chasers that the President has determined to be the United States to strongly encourage their re- official debt relief and referendum agreements, eligible, and shall direct such agency to carry spective institutions to— commonly referred to as ‘‘Paris Club Agreed out the sale, reduction, or cancellation of a loan (1) provide timely public information on pro- Minutes’’. pursuant to this section. Such agency shall curement opportunities available to United (2) The authority provided by subsection (a) make an adjustment in its accounts to reflect States suppliers, with a special emphasis on may be exercised only in such amounts or to the sale, reduction, or cancellation. small business; and such extent as is provided in advance by appro- (4) LIMITATION.—The authorities of this sub- (2) systematically consult with local commu- priations Acts. section shall be available only to the extent that nities on the potential impact of loans as part of (3) The authority provided by subsection (a) appropriations for the cost of the modification, the normal lending process, and expand the par- may be exercised only with respect to countries as defined in section 502 of the Congressional ticipation of affected peoples and nongovern- with heavy debt burdens that are eligible to bor- Budget Act of 1974, are made in advance. mental organizations in decisions on the selec- row from the International Development Asso- (b) DEPOSIT OF PROCEEDS.—The proceeds from tion, design and implementation of policies and ciation, but not from the International Bank for the sale, reduction, or cancellation of any loan projects. Reconstruction and Development, commonly re- sold, reduced, or canceled pursuant to this sec- SANCTIONS AGAINST COUNTRIES HARBORING WAR ferred to as ‘‘IDA-only’’ countries. tion shall be deposited in the United States Gov- CRIMINALS (c) CONDITIONS.—The authority provided by ernment account or accounts established for the SEC. 561. (a) BILATERAL ASSISTANCE.—The subsection (a) may be exercised only with re- repayment of such loan. President is authorized to withhold funds ap- spect to a country whose government— (c) ELIGIBLE PURCHASERS.—A loan may be propriated by this Act under the Foreign Assist- (1) does not have an excessive level of military sold pursuant to subsection (a)(1)(A) only to a ance Act of 1961 or the Arms Export Control Act expenditures; purchaser who presents plans satisfactory to the for any country described in subsection (c). (2) has not repeatedly provided support for President for using the loan for the purpose of (b) MULTILATERAL ASSISTANCE.—The Sec- acts of international terrorism; engaging in debt-for-equity swaps, debt-for-de- retary of the Treasury should instruct the Unit- (3) is not failing to cooperate on international velopment swaps, or debt-for-nature swaps. narcotics control matters; ed States executive directors of the international (d) DEBTOR CONSULTATIONS.—Before the sale (4) (including its military or other security financial institutions to work in opposition to, to any eligible purchaser, or any reduction or forces) does not engage in a consistent pattern and vote against, any extension by such institu- cancellation pursuant to this section, of any of gross violations of internationally recognized tions of financing or financial or technical as- loan made to an eligible country, the President human rights; and sistance to any country described in subsection (5) is not ineligible for assistance because of should consult with the country concerning the (c). the application of section 527 of the Foreign Re- amount of loans to be sold, reduced, or canceled (c) SANCTIONED COUNTRIES.—A country de- lations Authorization Act, Fiscal Years 1994 and and their uses for debt-for-equity swaps, debt- scribed in this subsection is a country the gov- 1995. for-development swaps, or debt-for-nature ernment of which knowingly grants sanctuary (d) AVAILABILITY OF FUNDS.—The authority swaps. to persons in its territory for the purpose of provided by subsection (a) may be used only (e) AVAILABILITY OF FUNDS.—The authority evading prosecution, where such persons— with regard to funds appropriated by this Act provided by subsection (a) may be used only (1) have been indicted by the International under the heading ‘‘Debt restructuring’’. with regard to funds appropriated by this Act Criminal Tribunal for Rwanda, or any other (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A under the heading ‘‘Debt restructuring’’. international tribunal with similar standing reduction of debt pursuant to subsection (a) INTERNATIONAL FINANCIAL INSTITUTIONS under international law; or shall not be considered assistance for purposes SEC. 560. (a) AUTHORIZATIONS.—The Secretary (2) have been indicted for war crimes or crimes of any provision of law limiting assistance to a of the Treasury may, to fulfill commitments of against humanity committed during the period country. The authority provided by subsection the United States: (1) effect the United States beginning March 23, 1933 and ending on May 8, (a) may be exercised notwithstanding section participation in the first general capital in- 1945 under the direction of, or in association 620(r) of the Foreign Assistance Act of 1961. crease of the European Bank for Reconstruction with— AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR and Development, subscribe to and make pay- (A) the Nazi government of Germany; SALES ment for 100,000 additional shares of the capital (B) any government in any area occupied by SEC. 559. (a) LOANS ELIGIBLE FOR SALE, RE- stock of the Bank on behalf of the United the military forces of the Nazi government of DUCTION, OR CANCELLATION.— States; and (2) contribute on behalf of the Unit- Germany; H10614 CONGRESSIONAL RECORD — HOUSE November 12, 1997 (C) any government which was established State, territory, possession, or district of the curity forces to justice so funds to the unit may with the assistance or cooperation of the Nazi United States. be resumed. government; or ASSISTANCE TO TURKEY LIMITATIONS ON TRANSFER OF MILITARY (D) any government which was an ally of the SEC. 565. (a) Not more than $40,000,000 of the EQUIPMENT TO EAST TIMOR Nazi government of Germany. funds appropriated in this Act under the head- SEC. 571. In any agreement for the sale, trans- LIMITATION ON ASSISTANCE FOR HAITI ing ‘‘Economic Support Fund’’ may be made fer, or licensing of any lethal equipment or heli- SEC. 562. (a) LIMITATION.—None of the funds available for Turkey. copter for Indonesia entered into by the United appropriated or otherwise made available by (b) Of the funds made available under the States pursuant to the authority of this Act or this Act may be provided to the Government of heading ‘‘Economic Support Fund’’ for Turkey, any other Act, the agreement shall state that Haiti unless the President reports to Congress not less than fifty percent of these funds shall the United States expects that the items will not that the Government of Haiti— be made available for the purpose of supporting be used in East Timor: Provided, That nothing (1) is conducting thorough investigations of private nongovernmental organizations engaged in this section shall be construed to limit Indo- extrajudicial and political killings; in strengthening democratic institutions in Tur- nesia’s inherent right to legitimate national self- (2) is cooperating with United States authori- key, providing economic assistance for individ- defense as recognized under the United Nations ties in the investigations of political and uals and communities affected by civil unrest, Charter and international law. extrajudicial killings; and supporting and promoting peaceful solu- (3) has substantially completed privatization TRANSPARENCY OF BUDGETS tions and economic development which will con- of (or placed under long-term private manage- SEC. 572. Section 576(a)(1) of the Foreign Op- tribute to the settlement of regional problems in ment or concession) at least three major public erations, Export Financing, and Related Pro- Turkey. enterprises; and grams Appropriations Act, 1997, as contained in (4) has taken action to remove from the Hai- LIMITATION ON ASSISTANCE TO THE PALESTINIAN Public Law 104–208, is amended to read as fol- tian National Police, national palace and resi- AUTHORITY lows: dential guard, ministerial guard, and any other SEC. 566. (a) PROHIBITION OF FUNDS.—None of ‘‘(1) does not have in place a functioning sys- public security entity of Haiti those individuals the funds appropriated by this Act to carry out tem for reporting to civilian authorities audits of who are credibly alleged to have engaged in or the provisions of chapter 4 of part II of the For- receipts and expenditures that fund activities of conspired to conceal gross violations of inter- eign Assistance Act of 1961 may be obligated or the armed forces and security forces;’’. nationally recognized human rights. expended with respect to providing funds to the Section 576(a)(2) of the Foreign Operations, (b) EXCEPTIONS.—The limitation in subsection Palestinian Authority. Export Financing, and Related Programs Ap- (a) does not apply to the provision of humani- (b) WAIVER.—The prohibition included in sub- propriations Act, 1997, as contained in Public tarian, electoral, counter-narcotics, or law en- section (a) shall not apply if the President cer- Law 104–208, is amended to read as follows: forcement assistance. tifies in writing to the Speaker of the House of ‘‘(2) has not provided to the institution infor- (c) WAIVER.—The President may waive the re- Representatives and the President pro tempore mation about the audit process requested by the quirements of this section on a semiannual basis of the Senate that waiving such prohibition is institution.’’. if the President determines and certifies to the important to the national security interests of RESTRICTIONS ON ASSISTANCE TO COUNTRIES PRO- appropriate committees of Congress that such the United States. VIDING SANCTUARY TO INDICTED WAR CRIMI- waiver is in the national interest of the United (c) PERIOD OF APPLICATION OF WAIVER.—Any NALS States. waiver pursuant to subsection (b) shall be effec- SEC. 573. (a) BILATERAL ASSISTANCE.—None of (d) PARASTATALS DEFINED.—As used in this tive for no more than a period of six months at the funds made available by this or any prior section, the term ‘‘parastatal’’ means a govern- a time and shall not apply beyond twelve Act making appropriations for foreign oper- ment-owned enterprise. months after enactment of this Act. ations, export financing and related programs, REQUIREMENT FOR DISCLOSURE OF FOREIGN AID LIMITATION ON ASSISTANCE TO THE GOVERNMENT may be provided for any country, entity or can- IN REPORT OF SECRETARY OF STATE OF CROATIA ton described in subsection (d). SEC. 563. (a) FOREIGN AID REPORTING RE- SEC. 567. None of the funds appropriated or (b) MULTILATERAL ASSISTANCE.— QUIREMENT.—In addition to the voting practices otherwise made available by title II of this Act (1) PROHIBITION.—The Secretary of the Treas- of a foreign country, the report required to be may be made available to the Government of ury shall instruct the United States executive submitted to Congress under section 406(a) of Croatia to relocate the remains of Croatian directors of the international financial institu- the Foreign Relations Authorization Act, fiscal Ustashe soldiers, at the site of the World War II tions to work in opposition to, and vote against, years 1990 and 1991 (22 U.S.C. 2414a), shall in- concentration camp at Jasenovac, Croatia. any extension by such institutions of any finan- clude a side-by-side comparison of individual BURMA LABOR REPORT cial or technical assistance or grants of any kind to any country or entity described in sub- countries’ overall support for the United States SEC. 568. Not later than one hundred twenty at the United Nations and the amount of United days after enactment of this Act, the Secretary section (d). States assistance provided to such country in of Labor in consultation with the Secretary of (2) NOTIFICATION.—Not less than 15 days be- fiscal year 1997. State shall provide to the Committees on Appro- fore any vote in an international financial insti- (b) UNITED STATES ASSISTANCE.—For purposes priations a report addressing labor practices in tution regarding the extension of financial or of this section, the term ‘‘United States assist- Burma. technical assistance or grants to any country or ance’’ has the meaning given the term in section entity described in subsection (d), the Secretary HAITI 481(e)(4) of the Foreign Assistance Act of 1961 of the Treasury, in consultation with the Sec- (22 U.S.C. 2291(e)(4)). SEC. 569. The Government of Haiti shall be eli- retary of State, shall provide to the Committee gible to purchase defense articles and services RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO on Appropriations and the Committee on For- under the Arms Export Control Act (22 U.S.C. UNITED NATIONS AGENCIES eign Relations of the Senate and the Committee 2751 et seq.), for the civilian-led Haitian Na- SEC. 564. (a) PROHIBITION ON VOLUNTARY on Appropriations and the Committee on Bank- tional Police and Coast Guard: Provided, That CONTRIBUTIONS FOR THE UNITED NATIONS.— ing and Financial Services of the House of Rep- the authority provided by this section shall be None of the funds appropriated or otherwise resentatives a written justification for the pro- subject to the regular notification procedures of made available by this Act may be made avail- posed assistance, including an explanation of the Committees on Appropriations. able to pay any voluntary contribution of the the U.S. position regarding any such vote, as United States to the United Nations (including LIMITATION ON ASSISTANCE TO SECURITY FORCES well as a description of the location of the pro- the United Nations Development Program) if the SEC. 570. None of the funds made available by posed assistance by municipality, its purpose, United Nations implements or imposes any tax- this Act may be provided to any unit of the se- and its intended beneficiaries. ation on any United States persons. curity forces of a foreign country if the Sec- (3) DEFINITION.—The term ‘‘international fi- (b) CERTIFICATION REQUIRED FOR DISBURSE- retary of State has credible evidence that such nancial institution’’ includes the International MENT OF FUNDS.—None of the funds appro- unit has committed gross violations of human Monetary Fund, the International Bank for Re- priated or otherwise made available under this rights, unless the Secretary determines and re- construction and Development, the Inter- Act may be made available to pay any vol- ports to the Committees on Appropriations that national Development Association, the Inter- untary contribution of the United States to the the government of such country is taking effec- national Finance Corporation, the Multilateral United Nations (including the United Nations tive measures to bring the responsible members Investment Guaranty Agency, and the Euro- Development Program) unless the President cer- of the security forces unit to justice: Provided, pean Bank for Reconstruction and Develop- tifies to the Congress 15 days in advance of such That nothing in this section shall be construed ment. payment that the United Nations is not engaged to withhold funds made available by this Act (c) EXCEPTIONS.— in any effort to implement or impose any tax- from any unit of the security forces of a foreign (1) IN GENERAL.—Subject to paragraph (2), ation on United States persons in order to raise country not credibly alleged to be involved in subsections (a) and (b) shall not apply to the revenue for the United Nations or any of its spe- gross violations of human rights: Provided fur- provision of— cialized agencies. ther, That in the event that funds are withheld (A) humanitarian assistance; (c) DEFINITIONS.—As used in this section the from any unit pursuant to this section, the Sec- (B) democratization assistance; term ‘‘United States person’’ refers to— retary of State shall promptly inform the foreign (C) assistance for cross border physical infra- (1) a natural person who is a citizen or na- government of the basis for such action and structure projects involving activities in both a tional of the United States; or shall, to the maximum extent practicable, assist sanctioned country, entity, or canton and a (2) a corporation, partnership, or other legal the foreign government in taking effective meas- nonsanctioned contiguous country, entity, or entity organized under the United States or any ures to bring the responsible members of the se- canton, if the project is primarily located in and November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10615 primarily benefits the nonsanctioned country, (b) with respect to a country or entity shall (2) by redesignating subsection (c) as sub- entity, or canton and if the portion of the cease to apply only if the Secretary of State de- section (d); and project located in the sanctioned country, en- termines and certifies to Congress that the au- (3) by inserting after subsection (b) the follow- tity, or canton is necessary only to complete the thorities of that country, entity, or canton have ing: project; apprehended and transferred to the Tribunal all ‘‘(c) For the purposes of any provision of law (D) small-scale assistance projects or activities persons who have been publicly indicted by the that authorizes the drawdown of defense or requested by U.S. armed forces that promote Tribunal. other articles or commodities, or defense or other good relations between such forces and the offi- (g) DEFINITIONS.—As used in this section— services from an agency of the United States cials and citizens of the areas in the U.S. SFOR (1) COUNTRY.—The term ‘‘country’’ means Government, such drawdown may include the sector of Bosnia; Bosnia-Herzegovina, Croatia, and Serbia- supply of commercial transportation and related (E) implementation of the Brcko Arbitral Deci- Montenegro (Federal Republic of Yugoslavia). services that are acquired by contract for the sion; (2) ENTITY.—The term ‘‘entity’’ refers to the purposes of the drawdown in question if the cost (F) lending by the international financial in- Federation of Bosnia and Herzegovina and the to acquire such commercial transportation and stitutions to a country or entity to support com- Republika Srpska. related services is less than the cost to the Unit- mon monetary and fiscal policies at the national (3) CANTON.—The term ‘‘canton’’ means the ed States Government of providing such services level as contemplated by the Dayton Agreement; administrative units in Bosnia and Herzegovina. from existing agency assets.’’. or (4) DAYTON AGREEMENT.—The term ‘‘Dayton TO PROHIBIT FOREIGN ASSISTANCE TO THE GOV- (G) direct lending to a non-sanctioned entity, Agreement’’ means the General Framework ERNMENT OF RUSSIA SHOULD IT IMPLEMENT or lending passed on by the national govern- Agreement for Peace in Bosnia and LAWS WHICH WOULD DISCRIMINATE AGAINST MI- ment to a non-sanctioned entity. Herzegovina, together with annexes relating NORITY RELIGIOUS FAITHS IN THE RUSSIAN FED- (2) FURTHER LIMITATIONS.—Notwithstanding thereto, done at Dayton, November 10 through ERATION paragraph (1)— 16, 1995. SEC. 577. (a) None of the funds appropriated (A) no assistance may be made available by (5) TRIBUNAL.—The term ‘‘Tribunal’’ means under this Act may be made available for the this Act, or any prior Act making appropria- the International Criminal Tribunal for the Government of the Russian Federation unless tions for foreign operations, export financing Former Yugoslavia. within 30 days of the date this section becomes and related programs, in any country, entity, or (h) ROLE OF HUMAN RIGHTS ORGANIZATIONS effective the President determines and certifies canton described in subsection (d), for a pro- AND GOVERNMENT AGENCIES.—In carrying out in writing to the Committees on Appropriations gram, project, or activity in which a publicly in- this subsection, the Secretary of State, the Ad- and the Committee on Foreign Relations of the dicted war criminal is known to have any finan- ministrator of the Agency for International De- Senate and the Committee on International Re- cial or material interest; and velopment, and the executive directors of the lations of the House of Representatives that the (B) no assistance (other than emergency foods international financial institutions shall consult Government of the Russian Federation has im- or medical assistance or demining assistance) with representatives of human rights organiza- plemented no statute, executive order, regula- may be made available by this Act, or any prior tions and all government agencies with relevant tion or similar government action that would Act making appropriations for foreign oper- information to help prevent publicly indicted discriminate, or would have as its principal ef- ations, export financing and related programs war criminals from benefitting from any finan- fect discrimination, against religious groups or for any program, project, or activity in a com- cial or technical assistance or grants provided to religious communities in the Russian Federation munity within any country, entity or canton de- any country or entity described in subsection in violation of accepted international agree- scribed in subsection (d) if competent authorities (d). ments on human rights and religious freedoms within that community are not complying with EXTENSION OF CERTAIN ADJUDICATION to which the Russian Federation is a party. the provisions of Article IX and Annex 4, Article PROVISIONS (b) This section shall become effective one II, paragraph 8 of the Dayton Agreement relat- SEC. 574. The Foreign Operations, Export Fi- hundred fifty days after the enactment of this ing to war crimes and the Tribunal. nancing, and Related Programs Appropriations Act. (d) SANCTIONED COUNTRY, ENTITY, OR CAN- Act, 1990 (Public Law 101–167) is amended— U.S. POLICY REGARDING SUPPORT FOR COUNTRIES TON.—A sanctioned country, entity, or canton (1) in section 599D (8 U.S.C. 1157 note)— OF THE SOUTH CAUCASUS AND CENTRAL ASIA described in this section is one whose competent (A) in subsection (b)(3), by striking ‘‘and SEC. 578. (a) FINDINGS.—Congress makes the authorities have failed, as determined by the 1997’’ and inserting ‘‘1997, and 1998’’; and following findings: Secretary of State, to take necessary and signifi- (B) in subsection (e), by striking ‘‘October 1, (1) The ancient Silk Road, once the economic cant steps to apprehend and transfer to the Tri- 1997’’ each place it appears and inserting ‘‘Octo- lifeline of Central Asia and the South Caucasus, bunal all persons who have been publicly in- ber 1, 1998’’; and traversed much of the territory now within the dicted by the Tribunal. (2) in section 599E (8 U.S.C. 1255 note) in sub- countries of Armenia, Azerbaijan, Georgia, (e) WAIVER.— section (b)(2), by striking ‘‘September 30, 1997’’ Kazakstan, Kyrgyzstan, Tajikistan, (1) IN GENERAL.—The Secretary of State may and inserting ‘‘September 30, 1998’’. Turkmenistan, and Uzbekistan. waive the application of subsection (a) or sub- ADDITIONAL REQUIREMENTS RELATING TO STOCK- (2) Economic interdependence spurred mutual section (b) with respect to specified bilateral cooperation among the peoples along the Silk programs or international financial institution PILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES Road and restoration of the historic relation- projects or programs in a sanctioned country, ships and economic ties between those peoples is SEC. 575. (a) VALUE OF ADDITIONS TO STOCK- entity, or canton upon providing a written de- an important element of ensuring their sov- PILES.—Section 514(b)(2)(A) of the Foreign As- termination to the Committee on Appropriations ereignty as well as the success of democratic and and the Committee on Foreign Relations of the sistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by inserting before the period at the market reforms. Senate and the Committee on Appropriations (3) The development of strong political and end the following: ‘‘and $60,000,000 for fiscal and the Committee on International Relations of economic ties between countries of the South year 1998’’. the House of Representatives that such assist- Caucasus and Central Asia and the West will (b) REQUIREMENTS RELATING TO THE REPUBLIC ance directly supports the implementation of the foster stability in the region. OF KOREA AND THAILAND.—Section 514(b)(2)(B) Dayton Agreement and its Annexes, which in- (4) The development of open market economies of such Act (22 U.S.C. 2321h(b)(2)(B)) is amend- clude the obligation to apprehend and transfer and open democratic systems in the countries of ed by adding at the end the following: ‘‘Of the indicted war criminals to the Tribunal. the South Caucasus and Central Asia will pro- amount specified in subparagraph (A) for fiscal (2) REPORT.—Not later than 15 days after the vide positive incentives for international private year 1998, not more than $40,000,000 may be date of any written determination under para- investment, increased trade, and other forms of made available for stockpiles in the Republic of graph (e)(1), the Secretary of State shall submit commercial interactions with the rest of the Korea and not more than $20,000,000 may be a report to the Committee on Appropriations world. and the Committee on Foreign Relations of the made available for stockpiles in Thailand.’’. (5) The Caspian Sea Basin, overlapping the Senate and the Committee on Appropriations DELIVERY OF DRAWDOWN BY COMMERCIAL territory of the countries of the South Caucasus and the Committee on International Relations of TRANSPORTATION SERVICES and Central Asia, contains proven oil and gas the House of Representatives regarding the sta- SEC. 576. Section 506 of the Foreign Assistance reserves that may exceed $4,000,000,000,000 in tus of efforts to secure the voluntary surrender Act of 1961 (22 U.S.C. 2318) is amended— value. or apprehension and transfer of persons in- (1) in subsection (b)(2), by striking the period (6) The region of the South Caucasus and dicted by the Tribunal, in accordance with the and inserting the following: ‘‘, including provid- Central Asia will produce oil and gas in suffi- Dayton Agreement, and outlining obstacles to ing the Congress with a report detailing all de- cient quantities to reduce the dependence of the achieving this goal. fense articles, defense services, and military United States on energy from the volatile Per- (3) ASSISTANCE PROGRAMS AND PROJECTS AF- education and training delivered to the recipient sian Gulf region. FECTED.—Any waiver made pursuant to this country or international organization upon de- (7) United States foreign policy and inter- subsection shall be effective only with respect to livery of such articles or upon completion of national assistance should be narrowly targeted a specified bilateral program or multilateral as- such services or education and training. Such to support the economic and political independ- sistance project or program identified in the de- report shall also include whether any savings ence of the countries of the South Caucasus and termination of the Secretary of State to Con- were realized by utilizing commercial transport Central Asia. gress. services rather than acquiring those services (b) GENERAL.—The policy of the United States (f) TERMINATION OF SANCTIONS.—The sanc- from United States Government transport as- in the countries of the South Caucasus and tions imposed pursuant to subsections (a) and sets.’’; Central Asia should be— H10616 CONGRESSIONAL RECORD — HOUSE November 12, 1997 (1) to promote sovereignty and independence funds appropriated in this Act for allocation ing for human rights violations committed in the with democratic government; under section 653(a) of the Foreign Assistance Democratic Republic of Congo or adjacent coun- (2) to assist actively in the resolution of re- Act of 1961 for development assistance or for hu- tries. gional conflicts; manitarian assistance. ASSISTANCE FOR THE MIDDLE EAST (3) to promote friendly relations and economic (c) WAIVER.—Funds may be provided for a SEC. 586. Of the funds appropriated by this cooperation; country without regard to subsection (a) if the Act under the headings ‘‘Economic Support (4) to help promote market-oriented principles President determines that to do so is in the na- Fund’’, ‘‘Foreign Military Financing’’, ‘‘Inter- and practices; tional security interest of the United States. (5) to assist in the development of infrastruc- national Military Education and Training’’, WAR CRIMES PROSECUTION ture necessary for communications, transpor- ‘‘Peacekeeping Operations’’, for refugees reset- SEC. 583. Section 2401 of title 18, United States tation, and energy and trade on an East-West tling in Israel under the heading ‘‘Migration Code (Public Law 104–192; the War Crimes Act axis in order to build strong international rela- and Refugee Assistance’’, and for assistance for of 1996) is amended as follows— tions and commerce between those countries and Israel to carry out provisions of chapter 8 of (1) in subsection (a), by striking ‘‘grave the stable, democratic, and market-oriented part II of the Foreign Assistance Act of 1961 breach of the Geneva Conventions’’ and insert- countries of the Euro-Atlantic Community; and under the heading ‘‘Nonproliferation, Anti-Ter- ing ‘‘war crime’’; (6) to support United States business interests rorism, Demining, and Related Programs’’, not (2) in subsection (b), by striking ‘‘breach’’ and investments in the region. more than a total of $5,402,850,000 may be made each place it appears and inserting ‘‘war (c) DEFINITION.—In this section, the term available for Israel, Egypt, Jordan, Lebanon, ‘‘countries of the South Caucasus and Central crime’’; and the West Bank and Gaza, the Israel-Lebanon (3) so that subsection (c) reads as follows: Asia’’ means Armenia, Azerbaijan, Georgia, Monitoring Group, the Multinational Force and ‘‘(c) DEFINITION.—As used in this section the Kazakstan, Kyrgystan, Tajikistan, Observers, the Middle East Regional Democracy term ‘war crime’ means any conduct— Turkmenistan, and Uzbekistan. Fund, Middle East Regional Cooperation, and ‘‘(1) defined as a grave breach in any of the Middle East Multilateral Working Groups: Pro- PAKISTAN international conventions signed at Geneva 12 SEC. 579. (a) OPIC.—Section 239(f) of the For- vided, That any funds that were appropriated August 1949, or any protocol to such convention under such headings in prior fiscal years and eign Assistance Act of 1961 (22 U.S.C. 2199(f)) is to which the United States is a party; amended by inserting ‘‘, or Pakistan’’ after that were at the time of enactment of this Act ‘‘(2) prohibited by Articles 23, 25, 27, or 28 of obligated or allocated for other recipients may ‘‘China’’. the Annex to the Hague Convention IV, Re- (b) TRADE AND DEVELOPMENT.—It is the sense not during fiscal year 1998 be made available for specting the Laws and Customs of War on of Congress that the Director of the Trade and activities that, if funded under this Act, would Land, signed 18 October 1907; Development Agency should use funds made be required to count against this ceiling: Pro- ‘‘(3) which constitutes a violation of common available to carry out the provisions of section vided further, That funds may be made avail- Article 3 of the international conventions signed 661 of the Foreign Assistance Act of 1961 (22 able notwithstanding the requirements of this at Geneva 12 August 1949, or any protocol to U.S.C. 2421) to promote United States exports to section if the President determines and certifies such convention to which the United States is a Pakistan. to the Committees on Appropriations that it is party and which deals with non-international important to the national security interest of the REQUIREMENTS FOR THE REPORTING TO CONGRESS armed conflict; or OF THE COSTS TO THE FEDERAL GOVERNMENT United States to do so and any such additional ‘‘(4) of a person who, in relation to an armed funds shall only be provided through the regu- ASSOCIATED WITH THE PROPOSED AGREEMENT conflict and contrary to the provisions of the TO REDUCE GREENHOUSE GAS EMISSIONS lar notification procedures of the Committees on Protocol on Prohibitions or Restrictions on the Appropriations. SEC. 580. The President shall provide to the Use of Mines, Booby-Traps and Other Devices AGRICULTURE Congress a detailed account of all Federal agen- as amended at Geneva on 3 May 1996 (Protocol cy obligations and expenditures for climate II as amended on 3 May 1996), when the United SEC. 587. The first proviso of subsection (k) change programs and activities, domestic and States is a party to such Protocol, willfully kills under the heading ‘‘Assistance for the New international, for fiscal year 1997, planned obli- or causes serious injury to civilians.’’. Independent States of the Former Soviet Union’’ gations for such activities in fiscal year 1998, in the Foreign Operations, Export Financing, INTERNATIONAL MILITARY EDUCATION AND and any plan for programs thereafter in the and Related Programs Appropriations Act, 1997, TRAINING PROGRAMS FOR LATIN AMERICA context of negotiations to amend the Framework as contained in Public Law 104–208, is amended SEC. 584. (a) EXPANDED IMET.—The Secretary Convention on Climate Change (FCCC) to be by striking ‘‘not less than’’ and inserting in lieu of Defense, in consultation with the Secretary provided to the appropriate congressional com- thereof ‘‘up to’’. of State, should make every effort to ensure that mittees no later than November 15, 1997. approximately 30 percent of the funds appro- ENTERPRISE FUND RESTRICTIONS AUTHORITY TO ISSUE INSURANCE AND EXTEND priated in this Act for ‘‘International Military SEC. 588. Section 201(l) of the Support for East FINANCING Education and Training’’ for the cost of Latin European Democracy Act (22 U.S.C. 5421(l)) is SEC. 581. (a) IN GENERAL.—Section 235(a) of American participants in IMET programs will be amended to read as follows: the Foreign Assistance Act of 1961 (22 U.S.C. disbursed for the purpose of supporting enroll- ‘‘(l) LIMITATION ON PAYMENTS TO ENTERPRISE 2195(a)) is amended— ment of such participants in expanded IMET FUND PERSONNEL.— (1) by striking paragraphs (1) and (2)(A) and ‘‘(1) No part of the funds of an Enterprise inserting the following: courses. (b) CIVILIAN PARTICIPATION.—The Secretary Fund shall inure to the benefit of any board ‘‘(1) INSURANCE AND FINANCING.—(A) The max- of State, in consultation with the Secretary of member, officer, or employee of such Enterprise imum contingent liability outstanding at any Fund, except as salary or reasonable compensa- one time pursuant to insurance issued under Defense, should identify sufficient numbers of qualified, non-military personnel from countries tion for services subject to paragraph (2). section 234(a), and the amount of financing is- ‘‘(2) An Enterprise Fund shall not pay com- sued under sections 234 (b) and (c), shall not ex- in Latin America so that approximately 25 per- cent of the total number of individuals from pensation for services to— ceed in the aggregate $29,000,000,000.’’; ‘‘(A) any board member of the Enterprise (2) by redesignating paragraph (3) as para- Latin American countries attending United States supported IMET programs and the Cen- Fund, except for services as a board member; or graph (2); and ‘‘(B) any firm, association, or entity in which (3) by amending paragraph (2) (as so redesig- ter for Hemispheric Defense Studies at the Na- a board member of the Enterprise Fund serves as nated) by striking ‘‘September 30, 1997’’ and in- tional Defense University are civilians. partner, director, officer, or employee. serting ‘‘September 30, 1999’’. (c) REPORT.—Not later than twelve months ‘‘(3) Nothing in paragraph (2) shall preclude (b) CONFORMING AMENDMENT.—Paragraph (2) after the date of enactment of this Act, the Sec- payment for services performed before the date of section 235(a) of that Act (22 U.S.C. 2195(a)), retary of Defense, in consultation with the of enactment of this subsection nor for arrange- as redesignated by subsection (a), is further Secretary of State, shall report in writing to the ments approved by the grantor and notified in amended by striking ‘‘(a) and (b)’’ and inserting appropriate committees of the Congress on the writing to the Committees on Appropriations.’’. ‘‘(a), (b), and (c)’’. progress made to improve military training of CAMBODIA WITHHOLDING ASSISTANCE TO COUNTRIES VIOLAT- Latin American participants in the areas of ING UNITED NATIONS SANCTIONS AGAINST LIBYA human rights and civilian control of the mili- SEC. 589. The Secretary of the Treasury SEC. 582. (a) WITHHOLDING OF ASSISTANCE.— tary. The Secretary shall include in the report should instruct the United States Executive Di- Except as provided in subsection (b), whenever plans for implementing additional expanded rectors of the international financial institu- the President determines and certifies to Con- IMET programs for Latin America during the tions to use the voice and vote of the United gress that the government of any country is vio- next three fiscal years. States to oppose loans to the Government of lating any sanction against Libya imposed pur- AID TO THE GOVERNMENT OF THE DEMOCRATIC Cambodia, except loans to support basic human suant to United Nations Security Council Reso- REPUBLIC OF CONGO needs. lution 731, 748, or 883, then not less than 5 per- SEC. 585. None of the funds appropriated or EXPORT FINANCING TRANSFER AUTHORITIES cent of the funds allocated for the country otherwise made available by this Act may be SEC. 590. Not to exceed 5 percent of any ap- under section 653(a) of the Foreign Assistance provided to the central Government of the propriation other than for administrative ex- Act of 1961 out of appropriations in this Act Democratic Republic of Congo until such time as penses made available for fiscal year 1998 for shall be withheld from obligation and expendi- the President reports in writing to the Congress programs under title I of this Act may be trans- ture for that country. that the central Government of the Democratic ferred between such appropriations for use for (b) EXCEPTION.—The requirement to withhold Republic of Congo is cooperating fully with in- any of the purposes, programs and activities for funds under subsection (a) shall not apply to vestigators from the United Nations in account- which the funds in such receiving account may November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10617 be used, but no such appropriation, except as JOINT EXPLANATORY STATEMENT OF TITLE II—BILATERAL ECONOMIC otherwise specifically provided, shall be in- THE COMMITTEE OF CONFERENCE ASSISTANCE creased by more than 25 percent by any such The managers on the part of the House and AGENCY FOR INTERNATIONAL DEVELOPMENT transfer: Provided, That the exercise of such au- Senate at the conference on the disagreeing CHILD SURVIVAL AND DISEASE PROGRAMS FUND thority shall be subject to the regular notifica- votes of the two Houses on the amendment The conference agreement appropriates tion procedures of the Committees on Appropria- of the Senate to the bill (H.R. 2159) making $650,000,000 as proposed by the House. The tions. appropriations for foreign operations, export Senate bill contained no provision on this DEVELOPMENT CREDIT AUTHORITY financing, and related programs for the fis- matter. The managers agree with the House SEC. 591. For the cost, as defined in section cal year ending September 30, 1998, submit report language regarding the use of the 502 of the Congressional Budget Act of 1974, of the following joint statement to the House funds appropriated under this heading, in- direct loans and loan guarantees in support of and Senate in explanation of the effect of the cluding $100,000,000 for a grant to UNICEF the development objectives of the Foreign Assist- action agreed upon by the managers and rec- and $25,000,000 for polio eradication. The ance Act of 1961 (FAA), up to $7,500,000, which ommended in the accompanying conference grant for UNICEF does not preclude AID amount may be derived by transfer from funds report: from providing additional funding for spe- appropriated by this Act to carry out part I of cific UNICEF projects as may be applicable. the Foreign Assistance Act of 1961 and funds TITLE I—EXPORT AND INVESTMENT ASSISTANCE The managers also concur with House and appropriated by this Act under the heading Senate report language on infectious dis- ‘‘Assistance for Eastern Europe and the Baltic EXPORT-IMPORT BANK OF THE UNITED STATES eases. An increase of $50,000,000 is to be made States’’, to remain available until expended: SUBSIDY APPROPRIATION available from funds under this heading to Provided, That up to $500,000 of the funds ap- The conference agreement appropriates strengthen global surveillance and control of propriated by this Act under the heading ‘‘Op- $683,000,000 for the subsidy appropriation of infectious diseases as proposed by the House erating Expenses of the Agency for Inter- the Export-Import Bank instead of instead of an increase of $30,000,000 as pro- national Development’’ may be made available $632,000,000 as proposed by the House and posed by the Senate in bill language under for administrative expenses to carry out such $700,000,000 as proposed by the Senate. The ‘‘Development Assistance’’. programs: Provided further, That the provisions appropriations are available for four years, The total amount available for infectious of section 107A(d) (relating to general provisions and the level provided anticipates significant diseases in fiscal year 1998 should be applicable to development credit authority) of participation by the Eximbank in the Part- $207,000,000, consisting of $121,000,000 for HIV/ the Foreign Assistance Act of 1961, as added by nership for Freedom. AIDS, $50,000,000 for this new initiative, and section 306 of H.R. 1486 as reported by the House The conferees note that the Administra- the balance from funds to combat infectious Committee on International Relations on May 9, tion requested authority to transfer funds diseases derived from sources other than 1997, shall be applicable to direct loans and loan from ‘‘Assistance for the New Independent funding for Child Survival activities. guarantees provided under this paragraph: Pro- In implementing programs, projects, and vided further, That direct loans or loan guaran- States of the Former Soviet Union’’ to this account, and that the Senate had provided activities to combat infectious diseases, the tees under this paragraph may not be provided conferees agree with the Senate report lan- until the Director of the Office of Management transfer authority of up to $22,000,000 for that purpose. The conference agreement, in- guage and expect AID to consult closely with and Budget has certified to the Committees on the Appropriations Committees, the Na- stead, provides significant funding above the Appropriations that the Agency for Inter- tional Institute of Allergy and Infectious request for Eximbank, without reserving any national Development has established a credit Diseases of the National Institutes of Health specific amount for the New Independent management system capable of effectively man- (NIH), the Centers for Disease Control and States. The conferees expect that Eximbank aging the credit programs funded under this Prevention (CDC), and other relevant agen- will coordinate its activity in the region heading, including that such system: (1) can cies involved in international health issues, with the Special Advisor to the President provide accurate and timely provision of loan including the World Health Organization and the Secretary of State on Assistance to and loan guarantee data; (2) contains informa- (WHO). tion control systems for loan and loan guaran- the New Independent States. The funding increase should be used for tee data; (3) is adequately staffed; and (4) con- Authority is provided as proposed by the programs, projects, and activities for the tains appropriate review and monitoring proce- Senate for up to $50,000,000 to be used for tied prevention and control of such infectious dis- dures. aid grants, and funds designated in this or eases as tuberculosis, malaria, yellow fever, AUTHORIZATION FOR POPULATION PLANNING prior Acts for tied aid grants may be used for acute respiratory infections, and diseases SEC. 592. (a) Not to exceed $385,000,000 of the other purposes, subject to notification. that are resistant to antimicrobial drugs. funds appropriated in title II of this Act may be A one year extension of the Export-Import The conferees strongly encourage support available for population planning activities or Bank’s basic authority is included in title V. for the Global Tuberculosis Initiative, which other population assistance. EXPORT-IMPORT BANK OF THE UNITED STATES is to be coordinated by the World Health Or- (b) Such funds may be apportioned only on a ADMINISTRATIVE EXPENSES ganization (WHO) with support and input monthly basis, and such monthly apportion- from the U.S. Centers for Disease Control The conference agreement appropriates ments may not exceed 8.34 percent of the total and the Agency for International Develop- $48,614,000 for administrative expenses of the available for such activities. ment. Funds should be used in support of the This Act may be cited as the ‘‘Foreign Oper- Export-Import Bank as proposed by the initiative to provide assistance in Eastern ations, Export Financing, and Related Programs House instead of $46,614,000 as proposed by Europe and Russia and other WHO identified Appropriations Act, 1998’’. the Senate. ‘‘hot zones’’—Mexico, Vietnam, the Phil- And the Senate agree to the same. OVERSEAS PRIVATE INVESTMENT CORPORATION ippines and Central America—for implemen- SONNY CALLAHAN, PROGRAM ACCOUNT tation of the Directly Observed Treatment JOHN EDWARD PORTER, The conference agreement appropriates Strategy (DOTS); as bridge funds to purchase RON PACKARD, $60,000,000 for program expenses of the Over- fixed-dose combination anti-TB drugs; to JOE KNOLLENBERG, seas Private Investment Corporation (OPIC) strengthen monitoring and surveillance of MIKE FORBES, as proposed by the Senate. The House bill tuberculosis and drug-resistant tuberculosis; JACK KINGSTON, contained no provision on this matter. to provide technical support to limit drug- R.P. FRELINGHUYSEN, The conference agreement also extends the resistant tuberculosis hot zones; and to en- BOB LIVINGSTON, authorization for OPIC for two years, in sec- hance information dissemination, education, NANCY PELOSI, tion 581, and allows the agency to combine and research programs. In addition, the con- SIDNEY R. YATES, its existing statutory ceilings on financing ferees support the plan for a regional tuber- NITA M. LOWEY, and insurance within an overall credit ceil- culosis control initiative proposed by the ESTEBAN E. TORRES, ing of $29,000,000,000 as proposed by the Sen- Gorgas Memorial Institute and recommend DAVID OBEY, ate. that $2,000,000 be made available for this ac- Managers on the Part of the House. The managers are concerned about the via- tivity in Latin America and Southeast Asia. MITCH MCCONNELL, bility of projects supported by OPIC in Gaza, Finally, the conferees urge AID to consult ARLEN SPECTER, and direct OPIC to move expeditiously and closely with any nongovernmental organiza- JUDD GREGG, report to the Committees no later than De- tions (NGO’s) with demonstrated expertise RICHARD SHELBY, cember 15, 1997 on its efforts to resolve and long-standing experience in inter- R.F. BENNETT, claims and defaulted investments that the national tuberculosis control as funds in the BEN NIGHTHORSE Executive branch encouraged to locate in area of TB control are obligated. CAMPBELL, Gaza. The conferees intend that a total of TED STEVENS, $121,000,000 shall be made available for both THAD COCHRAN, TRADE AND DEVELOPMENT AGENCY bilateral and multilateral HIV/AIDS preven- PATRICK J. LEAHY, The conference agreement appropriates tion and control programs. The conferees DANIEL K. INOUYE, $41,500,000 for the Trade and Development recommend that funding through nongovern- FRANK R. LAUTENBERG, Agency instead of $43,000,000 as proposed by mental and private voluntary organizations TOM HARKIN, the Senate and $40,000,000 as proposed by the operating at the community level be maxi- Managers on the Part of the Senate. House. mized, and that U.S. funding for UNAIDS be H10618 CONGRESSIONAL RECORD — HOUSE November 12, 1997 maintained. The conferees expect that the the State Department, should be reversed. in contravention to the Convention on Inter- United States will continue to build upon its The conferees also strongly support funding national Trade in Endangered Species of leadership role in combating this pandemic. for collaborative research support programs Flora and Fauna (CITES). The conferees recommend that $98,000,000 (CRSP’s). The conferees recognize the importance of be provided for basic education programs. The conference agreement also includes commercial law reform in the Caribbean as The conferees support the use of basic edu- language allowing not to exceed $2,500,000 to an essential part of future business develop- cation funds to address the educational be transferred to ‘‘International Organiza- ment and increased trade between the United needs of children who are in or have been tions and Programs’’ for a contribution to States and the region, and strongly support subjected to situations of hazardous and ex- the International Fund for Agricultural De- the business facilitation activities under- ploitative labor. velopment (IFAD). The Senate amendment taken by the Caribbean Law Institute. The conferees support the Senate report contained similar language. The House bill The conferees endorse the House report language regarding the International Foun- contained no provision on this matter. The language on proposed cooperation between dation for Education and Self-Help (IFESH). conferees note that IFAD has many years of AID and the National Aeronautics and Space Administration, including the establishment DEVELOPMENT ASSISTANCE experience in working with smallholder farmers, and in microenterprise develop- of a collaboration with NASA’s Global Hy- (INCLUDING TRANSFER OF FUNDS) ment, to alleviate poverty and hunger among drology and Climate Center. The conference agreement appropriates the rural poor. Many of AID’s goals and pro- The conferees recognize that the volun- $1,210,000,000 for ‘‘Development Assistance’’ gram initiatives are similar to those of teers of the International Executive Service instead of $1,167,000,000 as proposed by the IFAD. The conferees encourage AID to exam- Corps (IESC) promote the long-term inter- House and $1,358,093,020 as proposed by the ine how it could work more closely with ests of the United States by creating new Senate. IFAD. businesses, increasing employment, and rais- The conference agreement includes lan- The conferees direct that not less than ing living standards. Therefore the conferees guage from the Senate amendment which in- $500,000 shall be made available for support strongly urge AID to provide IESC with serts authority to obligate funds pursuant to of the United States Telecommunications grant funds at a level comparable with fiscal title V of the International Security and De- Training Institute, in accordance with infor- year 1997 to ensure the continued availabil- velopment Cooperation Act of 1980 (African mation received from the Agency for Inter- ity of their services worldwide, and an addi- Development Foundation), and section 401 of national Development. This organization tional amount to enable the organization to the Foreign Assistance Act of 1969 (Inter- provides valuable communications and renew activities in Latin America and the American Foundation) under this heading. broadcast training to professionals around Caribbean. The conference agreement provides author- the world. The Senate amendment included The conferees support the scholarship pro- ity apportioning directly up to $22,000,000 for bill language mandating that such funds be grams known as the Cooperative Association the Inter-American Foundation and up to made available for this purpose. The House States for Scholarships (CASS) and expect $14,000,000 for the African Development bill did not address this matter. AID to continue funding for this program at Foundation. The Senate provided allocations The conference agreement does not contain the same level provided in fiscal year 1997. for these two foundations at levels of Senate language requiring that not less than The conferees also support the continu- $20,000,000 and $11,500,000, respectively. The $15,000,000 shall be available only for the ation of AID’s programs in Yemen, which are House bill had provided separate appropria- American Schools and Hospitals Abroad helping that country make the transition to tions accounts for the foundations, together (ASHA) program. However, the managers di- democracy. with authority to provide grants to the foun- rect the Agency for International Develop- POPULATION, DEVELOPMENT ASSISTANCE dations under ‘‘Development Assistance’’. ment to fully uphold its commitment to the The conference agreement deletes Senate The conferees support the House report Appropriations Committees to obligate at language proposing a separate appropria- language regarding the funding levels for least $15,000,000 for the American Schools tions account of $435,000,000 for development Latin America and the Caribbean and for and Hospitals Abroad program in fiscal year assistance population activities. The funding sub-Saharan Africa. The conferees also note 1998. for such activities is provided as part of the The conference agreement recommends that sub-Saharan Africa is undergoing major ‘‘Development Assistance’’ account in the $14,000,000 for AID’s Office of Women in De- transitions that require creative and non- conference agreement. velopment, and the managers encourage AID traditional approaches to dealing with fun- PRIVATE AND VOLUNTARY ORGANIZATIONS damental development issues. to undertake the institutional changes need- The conference agreement includes lan- Institution-building and capacity-building ed to expand support for women in develop- guage from the Senate amendment providing are the most pressing problems that need to ment and to provide appropriate support for that funds appropriated under title II of this be addressed by AID programs in Africa. the Girls’ and Womens’ Education Initiative. Act should be made available to private and Therefore the conferees are concerned that The conferees note the contribution of the voluntary organizations (PVO’s) at a level large non-project assistance programs Leahy War Victims Fund in assisting war victims in over a dozen countries since its which is at least equivalent to the level pro- (NPA), such as the one currently being fund- inception in 1989. Recently, world attention vided in fiscal year 1995. The House bill in- ed for Malawi (which has received nearly has focused increasingly on the problem of cluded similar language. $700,000,000 in AID resources since 1962), landmines, and the need for additional funds could perpetuate aid dependencies. The con- CYPRUS for the care and rehabilitation, including so- ferees request that AID undertake a thor- The conference agreement includes Senate cial and economic reintegration, of landmine ough review of such assistance programs to language providing that not less than victims. Accordingly, the conferees rec- determine whether or not current AID strat- $15,000,000 of the funds appropriated under ommend that up to $7,500,000 be made avail- egies are consistent with building self-reli- ‘‘Development Assistance’’ and ‘‘Economic able for such activities. Support Fund’’ be made available for Cyprus, ance, and to report to the Committees on The conference agreement also includes to be used only for scholarships, administra- Appropriations on the results of such review Senate language to allow not to exceed tive support, bicommunal projects, and by March 1, 1998. In addition, the conferees $25,000 for oversight of assistance programs measures aimed at reunification of the is- request that AID include a summary of pro- for displaced and orphaned children and vic- land. The House bill contained no provision posed NPA by country in the fiscal year 1999 tims of war. budget request, including an indication for The conference agreement also deletes on this matter. the reason such assistance is being proposed Senate language requiring that not less than BURMA in lieu of assistance to build institutions and 65 percent of the funds made available for The conference agreement includes a total country-capacity and whether past NPA has family planning assistance shall be made of $5,000,000 from ‘‘Development Assistance’’ resulted in higher economic growth and a de- available directly to the agency’s central Of- and ‘‘Economic Support Fund’’ to support crease in development dependence. fice of Population. However, the managers democracy and humanitarian programs in The conferees concur with the House re- strongly support AID’s central population of- Burma. Such funds may be made available port language encouraging AID to utilize fice, which plays a vital role in AID’s efforts notwithstanding any other provision of law funds made available for nongovernmental to stabilize global population growth rates. and are subject to notification. The Senate organizations in southern and eastern Sudan The managers agree with the Senate report amendment specified the uses for the funds outside government control to include ca- language on microenterprise regarding pov- and the funding source was limited to ‘‘De- pacity building activities in addition to tra- erty lending programs, including the alloca- velopment Assistance’’. The House bill con- ditional disaster relief programs. tion of $135,000,000 for such purposes. tained no provision on this matter. The conferees agree with language in the The managers strongly support the fer- The conferees have provided assistance to House report that expresses concern over the tilizer-related research and development support activities designed to restore democ- decline in recent years of budgetary re- being conducted by the International Fer- racy in Burma and to provide humanitarian sources that have been made available for tilizer Development Center (IFDC) and direct programs for Burmese exiles and refugees. international agriculture development as- the Administrator of AID to make at least The assistance has been provided to under- sistance. The decline of this important seg- $3,000,000 available for the core grant to score U.S. support for Aung San Suu Kyi and ment of U.S. assistance, together with the IFDC. her supporters. corresponding decline in the number of The conference agreement prohibits funds The conferees note strong concern about international agriculture experts at AID and from being made available for any activity the severe restrictions imposed on Aung San November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10619

Suu Kyi. Although not under formal arrest, Hun Sen’s opponents will be allowed to re- ECONOMIC SUPPORT FUND she is unable to move about freely and visi- turn to Cambodia and safely participate in The conference agreement appropriates tors must be approved by the State Law and open, fair elections. The conferees expect the $2,400,000,000 instead of $2,541,150,000 as pro- Order Restoration Council. As a result, fam- Committees on Appropriations to be notified posed by the Senate and $2,375,000,000 as pro- ily, friends, associates, journalists and advo- prior to the initiation or renewal of any pro- posed by the House. cates for restoring her to office have been de- gram in Cambodia. THE MIDDLE EAST nied access. In addition, she has drawn pub- INTERNATIONAL DISASTER ASSISTANCE lic attention to the continuation of a cam- The conference agreement inserts language The conference agreement appropriates proposed by the Senate which earmarks paign of violence, intimidation and terror $190,000,000 for ‘‘International Disaster As- being waged against her party members with $1,200,000,000 for Israel, $815,000,000 for Egypt sistance’’ as proposed by the House instead and $150,000,000 for Jordan. The conference the goal of destroying the democratic oppo- of $195,000,000 as proposed by the Senate. sition. agreement also provides that aid to Egypt is The conferees support the House report provided with the understanding that Egypt The conferees expect that not less than language on activities in Kosova and assist- $3,000,000 of the funds made available for will undertake significant economic reforms ance for internally displaced persons in and that in providing aid to Egypt and Israel Burma be provided to support democracy ac- Northern Iraq. tivities and $2,000,000 be provided to support the President shall ensure the level of aid humanitarian initiatives along Burma’s bor- DEBT RESTRUCTURING does not cause an adverse impact on the ders. The conferees oppose any expenditure The conference agreement appropriates total level of non-military exports from the of funds in Burma. $27,000,000 as proposed by the House instead United States to each country. GUATEMALA CLARIFICATION COMMISSION of $34,000,000 as proposed by the Senate. The conference agreement inserts language The agreement includes language to allow proposed by the House which provides that of The conference agreement does not include modification of concessional loans made the funds made available in previous Acts language from the Senate amendment pro- under section 411 of the Agricultural Trade making appropriations for foreign oper- viding that not less than $1,000,000 shall be Development and Assistance Act of 1954, the ations, export financing, and related pro- made available to support the Guatemala Commodity Credit Corporation Charter Act, grams, notwithstanding any provision of any Clarification Commission. The House bill did the Food for Peace Act of 1966, or the Agri- similar heading in such previous Acts, up to not address this matter. cultural Trade Act of 1978, to Latin Amer- $116,000,000 may be made available to support The conferees support the provision of suf- ican countries which have completed Paris Economic Support Fund programs and ac- ficient funds to enable the commission to Club debt agreements. Debt relief for Jordan tivities, including the Middle East Peace and complete its work, and urge the Department was completed in fiscal year 1997, and there- Stability Fund. The language also provides of State to closely monitor the commission’s fore language affecting Jordan in the House that the President should seek to ensure to resource needs and to seek additional sup- bill and Senate amendment has been deleted. the extent feasible that not more than 1 per- port from other donors. The conference agreement on legislative cent ($54,000,000) of the amount specified in CAMBODIA language follows the House in not retaining section 586 shall be derived from any single The conference agreement includes lan- the proposed requirement for notifications country. The conference agreement further guage prohibiting funds for the Government for the obligations of funds from this ac- provides that any funds provided to the Mid- of Cambodia, except for support for count. In lieu of the House report language dle East Peace and Stability Fund by a coun- demining, humanitarian assistance, and request for quarterly reports on obligations try in the region pursuant to the general au- elections. In addition, the conference agree- made from this account, the conferees re- thorities of section 635(d) of the Foreign As- ment includes a provision similar to that in quest the following actions for debt restruc- sistance Act of 1961, as well as funds made the Senate amendment requiring a report turing activity in this account: available for Jordan from previous Act, shall from the President on the results of the in- 1. on the basis of final appropriations ac- count toward meeting the earmark for Jor- vestigation of the Federal Bureau of Inves- tion, an annual notification should be pro- dan. In addition, the conference agreement tigation into the bombing attack in Phnom vided at the beginning of the fiscal year list- stipulates that up to $10,000,000 in fiscal year Penh of March 20, 1997. ing expected poorest country debt reduction 1997 funds reprogrammed for Jordan shall The House bill had two provisions on this and buyback/swap activities for the upcom- also count toward the Jordan earmark in fis- matter; one would have prohibited funding ing fiscal year; cal year 1998. The conference agreement also directly to the Government of Cambodia, and 2. the Committees on Appropriations includes language modifying certain notifi- one would have prohibited funding to the should be informed should action subse- cation requirements in order to facilitate Government and funding through inter- quently be anticipated for additional coun- the implementation of the authorities pro- national financial institutions for Cambodia. tries, or involve deeper relief; vided under this heading and the require- The Senate amendment included a prohibi- 3. signed bilateral agreements to imple- ments of section 586, ‘‘Assistance for the tion on funding for activities and programs ment bilateral agreements should be submit- Middle East.’’ in Cambodia except under certain condi- ted to the Committees on Appropriations HAITI tions, and also made United States support prior to the entry into force of such agree- for loans through international financial in- ments; and The conference agreement strikes lan- stitutions dependent on similar conditions. 4. a final report should be provided at the guage proposed by the Senate earmarking Political violence in Cambodia reached a end of the fiscal year listing Paris Club ad not less than $500,000 for the Special Inves- crisis point in July when forces loyal to Sec- referendum agreements, signature and/or tigative Unit (SIU) of the Haiti National Po- ond Prime Minister Hun Sen seized control entry into force of bilateral debt reduction lice and providing that up to $250,000 may be and ousted First Prime Minister Ranariddh agreements, obligation of funds for poorest made available to assist orphanages in Haiti. from both the coalition government and the country debt reduction, and buyback/swap The managers expect not less than $500,000 country. Subsequent to this takeover, Hun agreements concluded during the fiscal year. be made available to the SIU and concur Sen forces engaged in a systematic campaign The conference agreement also provides up with the Senate that a professional SIU, of summary executions, torture and to $1,500,000 for the Department of Treasury fully supported by its Government, is essen- kidnappings, much of which has been veri- to improve the foreign credit reporting sys- tial to the rule of law in Haiti and that pro- fied and documented in an August 21, 1997, tem of the U.S. Government. grams to assist Haitian children in orphan- ages should be continued under the current United Nations Center for Human Rights re- URBAN AND ENVIRONMENTAL CREDIT PROGRAM dire economic conditions in Haiti. No later port. ACCOUNT In response to these events, the Secretary than 45 days after enactment of this Act, the The conference agreement incorporates of State announced a temporary suspension Secretary of State is requested to report to House language allowing for funds under this and review of U.S. assistance programs. The the Committees on the proposed fiscal year heading to be used for the cost of guaranteed conferees believe that, in effect, Hun Sen allocation for these programs in Haiti. loans designed to promote the urban and en- gained power by a coup which would nor- vironmental policies and objectives of part I PALESTINIAN-ISRAELI COOPERATION mally require the termination of U.S. assist- of the Foreign Assistance Act. The Senate The conferees recommend that $500,000 be ance under section 508 of this Act. amendment did not contain such language. made available to support the Palestinian-Is- To assure no assistance is provided to Hun raeli Cooperation Program to promote better Sen or his supporters, the conferees have OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT understanding and mutual respect between prohibited most bilateral aid for the Govern- Israelis and Palestinians at a time when the The conference agreement appropriates ment of Cambodia. The Secretary of the Middle East Peace process is threatened by $473,000,000 as proposed by the Senate instead Treasury should instruct U.S. Executive Di- violence and terrorist acts. rectors to international financial institu- of $468,750,000 as proposed by the House. tions to use the voice and vote of the United The conferees are very concerned about the IRAQ States in opposition to loans to Cambodia. lack of progress in the implementation of The conferees note that the people of Iraq In restricting bilateral aid, the conferees the New Management System (NMS) and re- continue to suffer under the repressive rule have exempted demining, elections and hu- quest that AID regularly report to the Com- of Saddam Hussein, despite efforts of the manitarian programs which directly benefit mittees on Appropriations on the status of international community to provide humani- Cambodia’s citizens. The conferees hope that this program. tarian assistance to the truly needy in Iraq. H10620 CONGRESSIONAL RECORD — HOUSE November 12, 1997 In particular, the conferees are concerned $15,000,000 for this purpose. The conferees en- the Board of the Bank to suspend all that humanitarian assistance provided by dorse the House report language encouraging Gazprom transactions for a period of review private religious and charitable groups may the State Department to seek funds from to assure no funds are used for these pur- not be reaching intended beneficiaries in other nations for police training activities in poses. Iraq. The conferees direct the Department of Bosnia, and expect that any proposal to pro- UKRAINE State to work with these groups to coordi- vide more than $15,000,000 for police training The conference agreement earmarks nate monitoring activities and to apply and related expenses will be subject to noti- $225,000,000 for Ukraine with the understand- international pressure to make certain that fication. ing that Ukraine will undertake significant innocent victims in Iraq are not denied hu- The conference agreement also includes economic reforms which are additional to manitarian assistance provided by private House language not in the Senate amend- those which were undertaken in previous charitable organizations. ment to allow for up to $7,000,000 for modify- years. TIMBER TRADE IN THAILAND AND CAMBODIA ing direct loans and loan guarantees for The conferees take note of important de- Bosnia and Herzegovina. The conferees remain very concerned by velopments which have enhanced stability in The conferees recognize that realtors in reports that despite efforts by the Adminis- Ukraine including the introduction of a new the United States have had success in work- tration and Thai officials to deter the export currency, passage of a Constitution and com- ing with the Eastern Europe Real Property of timber from Cambodia through Thailand, pletion of a new NATO-Ukraine security Foundation. Building and privatizing real es- this illegal trade continues and may be in- agreement. The conferees take note of Presi- tate markets is still a priority in building a creasing due to recent political turmoil in dent Kuchma’s recent initiatives to combat free and democratic economy. The conferees Cambodia. Reports implicate Cambodian po- corruption, privatize state owned, enter- recommend funding at up to $2,000,000 over prises and replace senior officials opposed to litical and military officials, as well as Thai the next two years to continue to develop serious reforms. While welcome, these efforts border guards in this profitable trade. Al- professional associations with ethics and must be expanded and measured by imme- though the conferees have not repeated past laws that will lead to a private real estate diate, concrete progress on legal, political conditions on assistance to Thailand, the market throughout Central Europe. and economic reforms. Reforms, especially conferees expect the Administration to use The conferees recommend that AID and in the agriculture sector, are essential if its influence with both the Thai and Cam- the Department of State make best efforts to U.S. and multilateral assistance is to bodian authorities to produce concrete re- provide funding at the fiscal year 1996 level achieve meaningful results. Without them, it sults in stemming this illegal trade. for the Russian, Eurasian, and East Euro- will be difficult for Ukraine to prosper and GUATEMALA pean Research and Training Program (title secure its political independence. Authority is provided to use local currency VIII), both in this account and in ‘‘Assist- To encourage results, the conferees have generated by AID programs, in Guatemala to ance for the New Independent States of the withheld 50 percent of the funding for prepay the debts owed by several universities Former Soviet Union’’. Ukraine until the Secretary of State is able to certify that specific cases involving U.S. to multilateral development banks. Full re- ASSISTANCE FOR THE NEW INDEPENDENT companies have been resolved. The conferees payment of the debt was made for many STATES OF THE FORMER SOVIET UNION years, until devaluation of the local cur- have taken this action with the view that The conference agreement appropriates rency made prompt repayment in hard cur- the private sector is key to Ukraine’s eco- $770,000,000 instead of $625,000,000 as proposed rency extremely difficult. The affected insti- nomic growth. Resolution of these cases, as by the House and $800,000,000 as proposed by tutions have made major contributions to well as similar complaints by Ukrainian the Senate. The conferees did not include the peace and reconciliation process in Gua- firms, and improvements in the legal system Senate language that allowed for the trans- temala, and the authority is provided in rec- are necessary if Ukraine is to restore private fer of up to $22,000,000 to the Export-Import ognition of that fact. Similar authority was sector confidence and attract investment Bank and up to $8,000,000 to the Micro and provided for El Salvador in 1992. capital. Small Enterprise Program of AID. With parliamentary elections scheduled in SOUTH PACIFIC REGIONAL FISHERIES TREATY RUSSIA-IRAN March 1998, the managers strongly support The conferees note that the South Pacific The conference agreement provides that expanded political party training and elec- Regional Fisheries Treaty requires the Unit- fifty percent of the funds allocated for the tion-related activities to encourage informed ed States to contribute $14,000,000 annually Government of Russia shall be withheld from participation and an open, fair process. The to the South Pacific Island states and expect obligation until the President determines conferees remain concerned that the current that this treaty obligation will be met. and certifies in writing to the Committees Rada has opposed many of President INTERNATIONAL FUND FOR IRELAND on Appropriations that the Government of Kuchma’s reform initiatives. The conferees The conference agreement appropriates Russia has terminated implementation of ar- note that the outcome of the elections could $19,600,000 for the ‘‘International Fund for rangements to provide Iran with certain have a significant impact on the future as- Ireland’’ as proposed by the House. The Sen- goods and services related to nuclear and sistance program as well as private sector in- ate amendment did not contain a provision ballistic missile programs in Iran. The man- vestment. The managers expect that not less than on this matter. agers also include a provision allowing the $25,000,000 of the funds allocated to Ukraine President to waive the provisions of the ASSISTANCE FOR EASTERN EUROPE AND THE be transferred to the Department of Energy’s paragraph if he finds that continuing assist- BALTIC STATES International Nuclear Safety Program for ance to the Government of Russia is vital to The conference agreement appropriates simulators, training, and safety analysis at the national security interests of the United $485,000,000 as proposed by the Senate instead nuclear reactors in Ukraine. The managers States and that the Government of Russia is of $470,000,000 as proposed by the House. direct the Department of Energy’s INSP of- The conference agreement includes House taking meaningful steps to limit major sup- fice to consult with the Senate and House language deleted by the Senate that pro- ply contracts and curtail the transfer of committees prior to any allocation of funds. hibits funds from being used for new housing technology. The Senate had no similar waiv- The conference agreement also includes lan- construction or repair or reconstruction of er provision. guage modifying prior year language on nu- existing housing in Bosnia and Herzegovina GAZPROM FINANCING clear safety analyses to extend the time unless directly related to efforts of United The manages understand that the Chair- available for such activities in Ukraine. States troops to promote peace in said coun- man of the Export Import Bank signed a The conference has deleted House language try. The agreement also includes language, memorandum of understanding with terminating assistance to the Government of similar to that contained in both the House Gazprom in 1994 providing up to $750 million Ukraine if the President determines and re- bill and the Senate amendment, that author- in guarantees of commercial loans for the ports to the Committees that the Govern- izes the President to withhold funds made purchase of American equipment and serv- ment of Ukraine is engaged in military co- available for economic revitalization for ices to improve the efficiency and productiv- operation with the Government of Libya. Bosnia and Herzegovina if he determines and ity of Russian oil and gas fields. Since imple- There was no similar Senate provision, and certifies to the Committees on Appropria- mentation, the Bank has approved or has the conferees have been assured by the State tions that the Federation of Bosnia and under consideration $338 million in financ- Department that there is no cooperation Herzegovina is not in compliance with the ing. with Libya at the present time. The man- Dayton agreement regarding the removal of In 1996, the Iran Libya Sanctions Act went agers caution Ukraine to move immediately foreign forces, and that intelligence coopera- into effect requiring the President to impose to halt any and all transfers of weapons to tion on training, investigations, and related sanctions against companies which invest terrorist states. activities between Iranian and Bosnian offi- more than $20 million in the development of COMMERCIAL LAW REFORM cials has not been terminated. Iran’s energy sector. The managers are con- The Senate version of the bill included The conference agreement retains lan- cerned by reports that Gazprom has agreed $25,000,000 for commercial law reform in guage from the House limiting the assistance to participate in a $2 billion project to de- Ukraine. The House bill did not include such for Bosnia and Herzegovina to $200,000,000. velop Iranian energy fields. The managers a provision. However, this limitation excludes funds for strongly oppose the use of Bank financing to The conferees express strong support for police training and related expenses. The directly or indirectly support the develop- commercial law reform in Ukraine. The con- conference agreement includes up to ment of Iranian gas and oil fields and urge ferees strongly urge AID to set aside funds November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10621 for comprehensive legal restructuring in In addition to provisions included in prior NIS have access to family planning services. Ukraine necessary to support a decentralized year Appropriations Acts, the conference Dramatic reductions in abortion rates have market-oriented economic system, including agreement allows for limited support for been achieved in areas where U.S. resources the enactment of all necessary substantive United States commercial entities, as pro- have been made available for such services. commercial law procedures, the implementa- posed by the Senate, by clarifying that the The conferees have agreed to provide a tion of reforms necessary to establish an Foreign Commercial Service and the Trade $145,000,000 or 23 percent increase in the independent judiciary and bar, the education and Development Agency can function in funds for the NIS program for fiscal year of judges, attorneys, law students, and relat- Azerbaijan. Both House and Senate provi- 1998. The magnitude of the problems men- ed public education. sions relating to the Export-Import Bank tioned above should not prevent the Coordi- SOUTHERN CAUCASUS REGION were deleted from the conference agreement. nator from devoting additional resources to The conference agreement provides for a It is the intent of the conferees that in the them, particularly in light of the large in- new Southern Caucasus Region funding cat- case of any assistance funded or otherwise crease in the NIS account. The conferees ex- egory that is not contained in the House bill provided pursuant to this Act, the direct pect the priorities reflected in the fiscal year or Senate amendment. The managers seek to beneficiaries of which are required by law to 1998 NIS program, including the Partnership make the maximum use of American assist- be United States entities (e.g., in which for Freedom, to be revisited and that signifi- ance as an incentive for the regional parties guaranties or insurance are provided to U.S. cant additional resources will be devoted to to cooperate with the Minsk Group and other entities), such assistance shall not be consid- the Health, Population, and Environmental international mediators seeking to bring ered assistance to a foreign country or gov- programs. peace to the South Caucasus. The managers ernment, and therefore is not covered by re- RUSSIAN FAR EAST are convinced that the ready availability of strictions on such assistance. The Russian Far East is widely recognized international reconstruction aid, including In order to provide flexibility for the Exec- as vital to the overall development of the the potential U.S. initial contribution pro- utive branch, the conference agreement in- Russian Federation’s economy. Its rich natu- vided in this conference agreement, will en- cludes a provision allowing the Secretary of ral resource base and proximity to robust courage leaders to make peace. The man- State to use up to $43,750,000 from the South- Pacific rim economies have attracted the at- agers intend that emphasis be placed on re- ern Caucasus funding category for other tention of many international companies, storing transportation, telecommunications, areas of the former Soviet Union, if she re- but the investment climate remains difficult an other infrastructure that promote re- ports to Congress that the full amount can- because of governance issues in the region. gional economic integration. not be effectively utilized. The managers an- The Russian Far East presents a unique set The managers include in the $250,000,000 ticipate that this provision would be used of investment opportunities which have been made available for the Southern Caucasus only if an interim settlement proposed by overlooked in past United States economic specific funding for three areas of United the Minsk Group is not agreed to by May 30, cooperation initiatives in Russia. As the States national interest in the region: 1998. Partnership for Freedom program will des- (1) up to $70,000,000 to aid the refugees and ARMENIA ignate selected regions in the Russian Fed- internally displaced persons affected by the Because of concern about the impact of the eration as especially attractive for American conflicts in the Caucasus, and if feasible, continuing physical isolation of Armenia investment, the managers direct the Coordi- provide the United States share of an inter- from several of its neighbors and the uneven nator to designate at least one such region national effort to reconstruct the regions performance of her economy, the conferees in the Russian Far East. The conferees also most affected by the conflict once interim direct that the Agency for International De- urge the Board of the United States Russia settlements are agreed to. The managers di- velopment and other United States Govern- Investment Fund (TUSRIF) to develop a rect the Coordinator to move forthwith to ment agencies provide no less than $82,500,000 lending mechanism to increase investment provide assistance of $12,500,000 for victims of for technical and humanitarian assistance in small- to medium-sized business projects the Nagorno-Karabakh conflict and $5,000,000 requested by the Government of Armenia in the Russian Far East. for victims of the Abkhazia conflict; and qualified non-governmental organiza- RURAL AND AGRICULTURAL REGIONS OF RUSSIA (2) the amount of $87,500,000 for Armenia tions in Armenia. This level of assistance is AND CENTRAL ASIA (not including, under the previous category, provided with the understanding that Arme- aid for Armenians residing outside the The failure of a market economy to de- nia will undertake significant economic re- boundaries of Armenia), a country in the velop in rural and agricultural regions of the forms which are additional to those which center of a volatile region that cannot pros- Russian Federation, Ukraine, and Central were undertaken in previous years. per without renewed trade and communica- Asia is noted with concern by the conferees. As Armenian Prime Minister Kocharian re- tions with its sometimes hostile neighbors; The Coordinator is encouraged to take the cently stated, ‘‘further economic growth and lagging pace of reform in rural Russia into largely depends on foreign investment and (3) the amount of $92,500,000 for Georgia account as he selects regions of concentra- from that point of view, the role of the Ar- (not including, under the previous category, tion for United States technical cooperation. menian diaspora can scarcely be overesti- aid for Georgians displaced from Abkhazia) a To this end, consideration should be given to mated.’’ Without a favorable investment cli- key country providing regional leadership forging links between American institutions mate, no amount of American Government for conflict resolution and economic reform. and Russian agricultural universities and in- assistance will bring prosperity to Armenia Training and infrastructure support for cus- stitutes, as well as strengthening and rep- or its neighbors. toms and border control by Georgian offi- licating ongoing collaborative efforts be- cials should be a high priority for use of GEORGIA tween academic and commercial enterprises. these funds. Because of the constructive role under- Also, the Administrator of AIDS is requested In order to facilitate United States leader- taken by Georgia in attempting to resolve to provide in writing no later than December ship in the Minsk Group process, the man- regional conflicts and its economic and 15, 1997, the Agency’s strategic objectives agers have included in the conference agree- democratic progress, the conferees direct (including a financial plan) with region to ment language renewing Congressional con- that the Agency for International Develop- economic growth in rural areas of the cern about blockades of Armenia, but have ment and other United States Government Central Asian republics, including public exempted humanitarian aid to refugees and agencies provide no less than $87,500,000 for health and environmental indicators and the displaced persons throughout the Southern technical, security, and humanitarian assist- role of American-Israel cooperative research Caucasus from restrictions imposed by the ance requested by the Government of Geor- and development in the region. FREEDOM Support Act. This should facili- gia and qualified non-governmental organi- NIS COORDINATOR PERSONNEL PRESENCE IN tate American assistance to residents of zations in Georgia. REGION Nagorno-Karabakh as well as persons dis- LACK OF PRIORITY FOR HEALTH, POPULATION, The conferees are concerned about the lack placed from neighboring regions of Azer- AND ENVIRONMENT PROGRAMS of personnel in the New Independent States baijan. coordinating United States assistance pro- The bill again contains language which re- The conferees are distressed that the NIS assistance program has made Health, Popu- grams. The Office of the Coordinator of NIS states section 907 of the FREEDOM Support assistance has no full time personnel in Mos- Act (P.L. 102–511). The managers recognize lation, and Environment projects a low pri- ority. Virtually all of the New Independent cow and only one full time position in the that restrictions contained in section 907 are Southern Caucasus. As the office charged applicable to assistance to the Government States have severe health and environmental with developing and coordinating all U.S. as- of Azerbaijan. problems. Unfortunately, the positive sistance programs in the New Independent The conference agreement does not exempt changes in the areas of democratization and reconstruction aid from the restrictions im- privatization in these republics has been ac- States, it is imperative that adequate per- posed by the FREEDOM Support Act. The companied by a steady deterioration in the sonnel resources be made available in the re- managers assume that in the event that an quality of health care. Health indicators in gion. The conferees expect this situation to interim settlement is reached with regard to virtually all republics reflect this trend. Few be addressed promptly. Nagorno-Karabakh, any blockades will be if any environmental guidelines or laws exist HEALTH ISSUES RESULTING FROM THE lifted and the President will be in a position in the NIS republics, and there is little ca- CHORNOBYL NUCLEAR ACCIDENT to make the determination necessary to lift pacity to implement them even where there The conferees urge AID to supplement the such restrictions. do exist. A low percentage of women in the generosity tens of thousands of Americans H10622 CONGRESSIONAL RECORD — HOUSE November 12, 1997 have directed to the victims of the Freedom initiative. The conferees also sup- for the Colombian National Police. The bu- Chornobyl nuclear tragedy. Active consider- port the Senate report language with regard reau is directed to use the funds in this ac- ation should be given to providing ways to to expansion of support for sustainable pro- count, together with base funds from ‘‘Inter- decontaminate fresh milk in Ukraine and grams at Russian agricultural institutions. national Narcotics Control’’, to procure Belarus in order to increase its acceptability MONGOLIA three Black Hawk utility helicopters, includ- to children and mothers. The conferees re- ing maintenance and training, for the Na- The conference agreement deletes the Sen- quest that the Coordinator work with rel- tional Police solely for conternarcotics pur- ate earmark of $12,000,000 for Mongolia, but evant federal agencies to determine the via- poses, at a cost of $36,000,000. In addition, retains authority for funds provided under bility of installing and operating effective $14,000,000 should be made available to pro- this heading to be used in Mongolia. and affordable technology to decontaminate Positive economic and political develop- vide upgrades for UH–IH Huey helicopters for milk supplies in the contaminated region. ments in Mongolia make clear that a robust the Colombian National Police solely for Emphasis should be placed on the develop- program of assistance especially in the areas counternarcotics purposes. The managers are extremely concerned ment of privately-owned dairies and milk of judicial, tax, banking, commercial and re- about reports that Colombian heroin is processing plants. This priority supersedes lated legal code reforms could have a major flooding the U.S. market. According to the any non-conforming ‘‘strategic objectives’’ impact securing free market democracy. The Drug Enforcement Administration, 60 per- of USAID. managers believe the current conditions in cent of all heroin recently seized on Amer- CRIME AND CORRUPTION Mongolia offer a unique opportunity to carry ican streets is of Colombian origin. The new The conferees agree with the House report out significant, permanent reforms in a appropriations account, together with base language characterizing officially tolerated short period with minimal resources and yet funds in ‘‘International Narcotics Control’’, corruption as the biggest impediment to pri- a lasting impact. Therefore, the managers di- is intended to address the equipment short- vate investment and economic growth in the rect that not less than $12,000,000 be made former Soviet Union. The report requested fall of the Colombian National Policy. available from development assistance funds The conferees are also concerned that heli- by the House from the Secretary of State and resources made available under the New copters for drug interdiction were removed and the Coordinator should be provided to Independent States heading. from Guatemala several years ago. The tran- both Committees no later than 90 days fol- In addition, the managers are concerned sit of drugs through Guatemala has re- lowing enactment of this Act. about continued reports that AID intends to emerged as a serious problem, and the man- close its mission in Ulan Bator at the end of ENTERPRISE FUNDS agers would support the proposed redeploy- fiscal year 1998. The managers oppose closure The conference agreement does not reserve ment of helicopters from Bolivia to that of the mission at this time and request con- any funds for the Trans-Caucasus Enterprise country. Fund as proposed by the Senate. The House sultation in advance of any such decision. The conference agreement includes lan- bill did not address this matter. While Mongolia represents a unique oppor- guage from the House bill, deleted by the The conference agreement includes a Sen- tunity to provide short term support and Senate amendment, that allows the Bureau ate provision that none of the funds provided quickly graduate a nation from U.S. aid pro- to use section 608 of the Foreign Assistance under this heading or in prior appropriations grams, a closure in 1998 would compromise Act, without regard to its restrictions, to re- Acts may be made available to invest in a prospects for successfully completing re- ceive non-lethal excess property from an joint public-private management entity es- forms. agency of the U.S. government for use in a tablished by the Defense Enterprise Fund. The managers strongly encourage the Co- foreign country, subject to notification. During fiscal year 1997, the Defense Enter- ordinator and the Administrator to coordi- The conference agreement does not contain prise Fund (DEF) received a final install- nate completion of programs to modernize Senate language providing not less than ment of $15,000,000 of a $71,000,000 commit- the Mongolian energy sector. The managers $10,000,000 for law enforcement training and ment from the United States Government. recognize that the Mongolian Government is education and not less than $22,000,000 for Release of these resources was conditioned committed to infrastructure development anti-crime programs. However, the conferees upon an understanding by the DEF senior and environmental protection, the latter expect that not less than the 1997 levels for management that the funds would be di- adding value to the economy because of the each such activity ($9,000,000 and $20,000,000, rectly invested in defense conversion potential for ecotourism. Institutions such respectively) will be provided in fiscal year projects and related activities. The man- as the Academy of Natural Sciences can help 1998. agers expect that during fiscal year 1998, Mongolian scientists through cooperative re- The conference agreement includes lan- none of the government funds provided to search programs that promote environ- guage requiring a report from the Secretary the DEF will be used for any other purposes. mentally sensitive economic development in of State, in consultation with the Office of The conference language is not intended to Mongolia. National Drug Control Policy, 60 days after limit or prevent the managers of the Fund DISTRIBUTION OF CONTRACTS TO SMALL AND enactment on overseas counter-narcotics ac- from raising private capital or receiving con- DISADVANTAGED BUSINESS tivities. The Senate amendment would have tributions from multilateral financial insti- In fiscal year 1996 because of concern that prohibited funding for counter-narcotics ac- tutions to invest in the Fund’s projects or small and disadvantaged businesses were not tivities until such report was submitted. The activities. receiving a fair share of contracts from AID, House bill did not address this matter. The conferees direct the Coordinator for particularly in the NIS programs, the Con- The conferences agreement includes lan- United States Assistance to the New Inde- ference report contained language directing guage from the Senate amendment providing pendent States, in consultation with the im- AID to take immediate measures to ensure not to exceed $5,000,000 for the operations of plementing agency, to submit a report to the that all contractors be given a fair chance to a Western Hemisphere International Law En- Committees on Appropriations no later than perform and receive contracts. While the ini- forcement Academy; however, the reference 60 days after the date of enactment of this tial actions taken by AID were encouraging, to the Organization of American States is Act on the rate of obligation and risk and recent actions have brought AID commit- deleted. Although the House bill did not ad- anticipated returns associated with commit- ment to this directive into doubt. The con- dress this matter, the conferees endorse the ments made to the United States-Russia In- ferees expect AID to adhere to the earlier di- House report language regarding the re- vestment Fund (TUSRIF). The report shall rective with respect to allowing small and gional training center. include a recommendation on the continued disadvantaged contractors the opportunity The conference agreement includes lan- relevance and advisability of the initial to compete fairly for AID contracts. guage withholding from obligation 10 percent planned life of project funding commitment of the funds appropriated under ‘‘Inter- for TUSRIF. INDEPENDENT AGENCY national Narcotics Control’’ and ‘‘Narcotics EACE ORPS CIVIL SOCIETY AND CONTINUED DEVELOPMENT P C Interdiction’’ until the Secretary of State OF A FREE PRESS The conference agreement appropriates submits a financial plan for the use of all The conferees endorse the House report $222,000,000 as propose by the House instead funds made available in these accounts. The conferees support the development of language on civil society and continued de- of $206,000,000 as proposed by the Senate. plant pathogens capable of destroying illicit velopment of a free press. In addition, the DEPARTMENT OF STATE drug crops and expect the Department to Coordinator is encouraged to continue sup- INTERNATIONAL NARCOTICS CONTROL fund research on such biocontrol agents, port for the long-term development of an The conference agreement appropriates such as the program at Montana State Uni- independent print media in Russia and $215,000,000 for ‘‘International Narcotics Con- versity. Ukraine, utilizing organizations with dem- trol’’. The House bill proposed $230,000,000 for The conferees support the intent of the onstrated experience in working with print this account, while the Senate amendment Senate report language on international media in countries of the region. contained an appropriation of $216,200,000. crime and the need for the Secretary of ENDORSEMENT OF OTHER PRIORITIES IN THE In addition, the conference agreement in- State to reestablish a task force on inter- PARTNERSHIP FOR FREEDOM cludes $15,000,000 in a new account, ‘‘Narcot- national crime. The managers endorse the House report ics Interdiction’’, in order to provide the Bu- The conferees are very concerned that language on the important role of American reau of International Narcotics and Law En- many people in Ecuador are being denied due business centers and centers for business forcement Affairs (INL) with the flexibility process in its judicial system. Many of them, skills development in the Partnership for and funds to procure Black Hawk helicopters including several United States citizens, November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10623 have been held for months or years without as proposed by the Senate, instead of ferees expect the administration to obligate regard to rights accorded them under Ecua- $25,000,000 as proposed by the House. The con- funds subject to the regular notification pro- doran and international law. The conferees ference agreement also stipulates that the cedures of the Committees on Appropria- strongly urge the Department of State to ac- President must certify that canning activi- tions. The conferees agree that expanded tively encourage Ecuadoran law enforcement ties associated with the Agreed Framework IMET for Guatemala shall be used to support and judicial officials they cooperate with are scheduled to be completed by April 1, the peace settlement and that qualified non- under the International Narcotics Control 1998. The conference agreement provides that military personnel should be well rep- programs to fulfill their responsibilities in a an additional $10,000,000 may be made avail- resented in such courses to the extent prac- manner consistent with requirements of law able to KEDO if the Secretary of State cer- tical. and treaty obligations. tifies that additional funds have been pro- CIVILIAN PARTICIPATION IN IMET vided by foreign donors to KEDO sufficient MIGRATION AND REFUGEE ASSISTANCE The conference agreement also includes to cover all outstanding debts owed by KEDO The conference agreement includes Senate language proposed by the Senate which al- for heavy fuel oil. The managers also agree language, not in the House bill, that provides lows IMET participation by civilian person- that none of the funds in this bill that are not less than $80,000,000 for refugees from the nel who are not members of a government if made available for KEDO in fiscal year 1997 former Soviet Union and Eastern Europe and their participation would contribute to im- may be used to contribute to the light-water other refugees resettling in Israel. proved civil-military relations, civilian con- nuclear reactors being provided to North The conferees remain strongly committed trol of the military, or respect for human Korea under the terms of the Agreed Frame- to assisting the Government of Israel to re- rights. work. settle refugees in Israel from the former So- MONGOLIA viet Union, Eastern Europe, and elsewhere. NONPROLIFERATION ACTIVITIES The conferees commend the Department of Since 1989, Israel has absorbed more than The conference agreement recommends Defense for the Department’s implementa- 700,000 refugees from countries of distress. $15,000,000 for the Nonproliferation and Dis- tion of the fiscal year 1997 IMET program in The funds provided in the conference agree- armament Fund. The conferees strongly sup- mongolia in a manner consistent with the ment assist in the transportation and initial port the core nonproliferation activities of objectives outlined in the Statement of Man- absorption costs for more than 100,000 refu- the NDF. The NDF is designed to provide the agers or Public law 104–208. The conferees gees per year. While there has been a modest Secretary of State with a flexible funding urge continued support for its important decrease in the number of refugees coming to source to respond to urgent, unanticipated program in Mongolia, particularly in the ex- Israel this year, the conferees note that the nonproliferation activities of immediate con- panded IMET area. historically unprecedented numbers still ar- cern to the United States. Longer term pro- riving and in need continue to strain the re- grammatic activities, such as export con- FOREIGN MILITARY FINANCING PROGRAM (GRANT sources of the Government of Israel. Should trols, should be funded separately outside of PROGRAM) the current decline in the number of refugees the NDF account and therefore subject to The conference agreement appropriates arriving in Israel continue, the conferees ex- the normal conditions for legislative over- $3,296,550,000 instead of $3,308,950,000 as pro- pect this program to be funded at $70,000,000 sight and review. For this reason the con- posed by the Senate and $3,259,250,000 as pro- in fiscal year 1999 and $60,000,000 in fiscal ference agreement recommends that posed by the House. year 2000. $3,000,000 in NADR account funds be used to THE MIDDLE EAST The conferees believe the United States support export control related activities. The conference agreement inserts ear- should play a leadership role in helping to The conferees also note that there may be marks for Israel, Egypt and Jordan which establish a fund through the United Nations numerous nonproliferation programs which provide that not less than $1,800,000,000 shall High Commissioner for Refugees for vulner- could logically be included in the NADR ac- be available for grants only or Israel, not able refuge children, particularly those sepa- count in order to facilitate the continued ra- less than $1,300,000,000 shall be available for rated from their parents. The conferees rec- tionalization of government-wide non- grants only for Egypt, and not less than ommend that approximately $5,000,000 in fis- proliferation programs and activities. The $75,000,000 shall be available for assistance cal year 1998 funds be made available for this conferees stress that the Committees on Ap- for Jordan. The conference agreement also purpose. propriations are prepared to work with the directs the President to draw down not less The conferees also support the House re- Administration in this ongoing rationaliza- than $25,000,000 in defense equipment and port language on assisting Tibetan refugees. tion process as the Administration prepares services for Jordan, the aggregate value of REFUGEE RESETTLEMENT ASSISTANCE its fiscal year 1999 request. which shall count against the earmark for The conference agreement appropriates TITLE III—MILITARY ASSISTANCE Jordan. $5,000,000 for ‘‘Refugee Resettlement Assist- INTERNATIONAL MILITARY EDUCATION AND POLAND, HUNGARY AND THE CZECH REPUBLIC ance’’ as proposed by the House. The Senate TRAINING The conference agreement provides that amendment contained no provision on this The conference agreement appropriates not less than $50,000,000 in funds made avail- matter. $50,000,000 as proposed by the House instead able for FMF grants and FMF loans should NONPROLIFERATION, ANTI-TERRORISM, of $47,000,000 as proposed by the Senate. be made available for Poland, Hungary, and DEMINING AND RELATED PROGRAMS SCHOOL OF THE AMERICAS the Czech Republic to facilitate the integra- The conference agreement appropriates The conference agreement retains lan- tion of these nations into NATO. $133,000,000 for ‘‘Nonproliferation, Anti-Ter- guage proposed by the House which makes THE BALTIC NATIONS rorism, Demining and Related Programs’’ in- the obligation of funds under this heading to The conference agreement provides that stead of $129,000,000 as proposed by the Sen- support IMET training at the School of the $18,300,000 should be made available to Esto- ate and $118,000,000 as proposed by the House. Americas contingent upon certification by nia, Latvia and Lithuania. These funds are DEMINING ACTIVITIES the Secretary of Defense that the instruction provided to enhance programs aimed at im- The conference agreement recommends and training provided by the School of the proving the military capabilities of these na- $20,000,000 be utilized to support global Americas is fully consistent with training tions and to strengthen their interoper- demining activities. The conferees strongly and doctrine, particularly with respect to ability and standardization with NATO, in- support programs to locate and remove land- the observance of human rights, provided by cluding the development of a regional air- mines and other unexploded ordnance, in- the Department of Defense to United States space control system. Given progress in eco- cluding mine awareness and education, map- military students at Department of Defense nomic reform and meeting military guide- ping and marking, and training of deminers. institutions whose primary purpose is to lines for prospective NATO members, the In addition, the conferees urge the Depart- train United States military personnel; sec- conferees believe the Baltic nations will ment of State, in consultation with the hu- ond, the Secretary of State, in consultation make an important contribution to enhanc- manitarian demining training program at with the Secretary of Defense, has developed ing stability and peace in Europe and are the Department of Defense, to explore oppor- and issued specific guidelines governing the strong candidates for NATO membership. tunities for the United States to provide selection and screening of candidates for in- The conference agreement retains House technical advice and assistance to Russia struction at the School of the Americas; and language which provides that the obligation and other new independent states in the third, the Department of Defense has sub- of funds for any non-NATO country partici- clearance of landmines, including the south- mitted to the Committees on Appropriations pating in the Partnership for Peace shall be ern Caucasus region. a report detailing the training activities of subject to notification. KOREAN PENINSULA ENERGY DEVELOPMENT the school of the Americas and a general as- FMF LOAN PROGRAM sessment regarding the performance of its ORGANIZATION The conference agreement also appro- graduates during 1996. The conference agreement provides that priates $60,000,000 as proposed by the House not to exceed $30,000,000 may be made avail- GUATEMALA AND INDONESIA for the subsidy cost of direct loans instead of able to the Korean Peninsula Energy Devel- The conference agreement includes lan- $74,000,000 as proposed by the Senate. The opment Organization (KEDO) only for ad- guage proposed by the House which limits conference agreement provides that these ministrative expenses and heavy fuel oil Indonesia and Guatemala to expanded IMET funds are available to support not to exceed costs associated with the Agreed Framework only and, in the case of Guatemala, the con- $657,000,000 in direct loans as proposed by the H10624 CONGRESSIONAL RECORD — HOUSE November 12, 1997

House instead of $759,500,000 as proposed by MOROCCO The House bill did not include any appropria- the Senate. The conferees congratulate both Morocco tion for this purpose. The managers defer The conference agreement deletes a Senate and the POLISARIO for reaching an agree- this item without prejudice. earmark of $8,000,000 for loans to Estonia, ment to allow a free, fair and transparent AUTHORIZATIONS FOR INTERNATIONAL Latvia, and Lithuania. Increased assistance referendum on the future of the people of the FINANCIAL INSTITUTIONS for these countries is provided under the Western Sahara, and recognize the efforts of The statutory authority required by the grant FMF program. United Nations Personal Envoy James Baker The conference agreement retains the Secretary of the Treasury to activate several in reaching this agreement. The conferees House levels of $105,000,000 and $150,000,000 as of the appropriations provided for inter- expect full implementation of the terms of ceilings on FMF loans to Greece and Turkey national financial institutions is found in the agreement and encourage the Depart- respectively instead of $122,500,000 and section 560 of the conference agreement. ment of State to play an active role in ensur- $175,000,000 as proposed by the Senate. ing full implementation. The conferees also INTERNATIONAL ORGANIZATIONS AND FMF ADMINISTRATIVE EXPENSES urge both parties to engage in the exchange PROGRAMS The conference agreement includes House of all prisoners of war, political prisoners The conference agreement appropriates language which provides that not more than and political detainees. $192,000,000 instead of $194,000,000 as proposed $350,000,000 of the funds realized pursuant to TITLE IV—MULTILATERAL ECONOMIC by the House and $277,000,000 as proposed by section 21(e)(1)(A) of the Arms Export Con- ASSISTANCE the Senate. The conference agreement does trol Act may be obligated for expenses in- not include funding for the United Nations FUNDS APPROPRIATED TO THE PRESIDENT curred by the Department of Defense during Children’s Fund (UNICEF) in this account, fiscal year 1998, instead of $355,000,000 as pro- INTERNATIONAL FINANCIAL INSTITUTIONS as proposed by the Senate. Funding of posed by the Senate. CONTRIBUTION TO THE INTERNATIONAL BANK $100,000,000 for UNICEF is contained in FMF LOAN CRITERIA FOR RECONSTRUCTION AND DEVELOPMENT ‘‘Child Survival and Disease Programs The conference managers are extremely GLOBAL ENVIRONMENT FACILITY Fund’’ under title II. concerned that the Administration has ap- The conference agreement appropriates The conference agreement includes House parently abandoned its long-standing credit $47,500,000 instead of $60,000,000 as proposed language on the United Nations Population criteria for determining eligibility for the by the Senate and $35,000,000 as proposed by Fund (UNFPA) that limits funding to FMF loan program. The conferees note that the House. UNFPA to one-half of the funding ceiling of $25,000,000 prior to March 1, 1998, and requires previous year funds were made available to CONTRIBUTION TO THE INTERNATIONAL that no later than February 15, 1998, the Sec- support the FMF loan program based upon a DEVELOPMENT ASSOCIATION clear understanding, provided by the Admin- retary of State shall submit a report to the The conference agreement appropriates istration at the time the funds were being re- Committees on Appropriations indicating $1,034,503,100 instead of $1,034,500,000 as pro- quested, of its loan criteria and its intended the amount UNFPA is budgeting for the Peo- posed by the Senate and $606,000,000 as pro- application. The conferees note that the cur- ple’s Republic of China in 1998. In addition, posed by the House. rent application of the FMF loan program is the language requires that any amount The agreement prohibits obligation of IDA not consistent with these presentations. The UNFPA plans to spend in the People’s Re- funds until the Secretary of the Treasury conferees direct the Secretary of State, in public of China in 1998 will be deducted from certifies that procurement restrictions on consultation with the Secretary of Defense, the amount of funds provided to UNFPA American firms under the Interim Trust Secretary of the Treasury, the Director of after March 1, 1998. Finally, with respect to Fund have been lifted. Both the House and the Office of Management of Budget, and in any funds made available to UNFPA, the Senate bills included similar language on coordination with the Director of the Con- language requires UNFPA to maintain such this matter. gressional Budget Office, to review the cur- funds in a separate account and not to com- rent FMF loan policy and its application to CONTRIBUTION TO THE ENTERPRISE FOR THE mingle them with any other funds. current and proposed program participants AMERICAS MULTILATERAL INVESTMENT FUND The conference agreement does not contain and to report to the Committees on Appro- The conference agreement appropriates Senate language providing $5,000,000 for the priations, within 180 days of enactment of $30,000,000 for the Multilateral Investment World Food Program, but does include lan- this Act, on these issues, to include a state- Fund, all of which was previously due. The guage indicating that $4,000,000 should be ment specifically detailing Administration House bill contained no funds for this pro- made available for this purpose. The House FMF loan policy and credit risk criteria. The gram. bill contained no provision on this matter. conferees also direct the Secretary of De- CONTRIBUTION TO THE ASIAN DEVELOPMENT The conference agreement deletes House fense to report to the Committees on Appro- FUND language prohibiting the use of funds for the priations on a quarterly basis, beginning United Nations development group or any The conference agreement appropriates January 1, 1998, on the current credit risk similar organization. The House bill provi- $150,000,000 for the Asian Development Fund ratings for potential and current FMF loan sion, as well as House and Senate report lan- as proposed by the Senate instead of program participants. guage, reflect concern about proposals for- $100,000,000 as proposed by the House. Of this merly under consideration at the United Na- PEACEKEEPING OPERATIONS amount, $50,000,000 was previously due. The conference agreement provides tions that would have merged and consoli- CONTRIBUTION TO THE AFRICAN DEVELOPMENT $77,500,000 for peacekeeping operations as dated UNICEF with other United Nations de- FUND proposed by the House instead of $75,000,000 velopment organizations, thereby threaten- as proposed by the Senate. The conference agreement includes ing UNICEF’s unique mission for the chil- $45,000,000 for the African Development dren of the world and its ability to raise pri- MULTILATERAL FORCE AND OBSERVERS Fund, instead of $50,000,000 as proposed by vate sector funding. Since the reform plan The conferees note that the current Direc- the House (including Section 579 of the announced by the Secretary-General on July tor General of the Sinai Multilateral Force House bill). The Senate amendment did not 16, 1997, appears to preserve the special man- and Observers is concluding his last term in include any funds for this institution. The date of UNICEF for children, the conference office. The conferees expect a report from entire amount provided was previously due. agreement does not contain this funding pro- the Secretary of State, prior to the release of NORTH AMERICAN DEVELOPMENT BANK hibition. However, the managers intend to the U.S. share of the Observer Force funding, monitor closely the impact upon UNICEF of The House bill and the Senate amendment on the status of efforts to replace the Direc- the implementation of the United Nations included $56,500,000 for the North American tor General. reform plan. The managers expect that the Development Bank, and the conference AFRICAN CRISIS RESPONSE INITIATIVE independence of UNICEF will be continued agreement includes language providing that The conferees note that funds provided to and that its ability to work for the survival, $250,000 of these funds are for contributions support the African Crisis Response Initia- protection, and development of vulnerable previously due. In addition, language is in- tive should be utilized to foster the growth children will remain uncompromised. The cluded that limits to $41,250,000 the amount of democracy and the protection of human managers expect this to be a top priority of of funds that may be expended in fiscal year rights in Africa and should not be directed to the Department of State as well, and expect 1998 for purchase of capital shares in the undemocratic governments with a history of to receive regular consultations as the re- bank. This action is being done solely for human rights abuses by their militaries. The form plan proceeds. budgetary reasons and does not reflect any conferees agree with the Department of The conferees support the Administra- lack of support for the North American De- State that ‘‘it is important that countries tion’s request level for the United Nations velopment Bank. selected to receive additional training and Development Program (UNDP), but expect equipment have military establishments LOANS TO THE INTERNATIONAL MONETARY that not less than $98,000,000 should be made that accept the supremacy of democratic ci- FUND; NEW ARRANGEMENTS TO BORROW available for UNDP in fiscal year 1998. The vilian government.’’ The conferees expect The conference agreement does not appro- conferees also support the work of the Unit- the Administration to consult closely with priate funds for the proposed New Arrange- ed Nations Voluntary Fund for Victims of the Committees on Appropriations, prior to ments to Borrow. The Senate proposed Torture and expect that the Administration obligating such funds, to ensure this mini- $3,521,000,000, denominated as the dollar will make every effort to support this orga- mum standard is met. equivalent of IMF Special Drawing Rights. nization at the highest level possible. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10625 TITLE V—GENERAL PROVISIONS cluding basic education activities under the ment facilities by nongovernmental organi- Sec. 501. Obligations during last month of avail- authority of the section. the House bill had zations providing assistance to the people of ability similar language, but the limitation was that country. Except in such limited cir- $8,000,000 and did not include basic education cumstances, the fact that assistance may be The conference agreement contains House activities. provided through nongovernmental organiza- language providing that not more than 15 tions does not mean that the assistance can percent of any appropriation item made Sec. 526. Authorization requirement be provided to the government. Rather, the available by this Act shall be obligated dur- The conference agreement includes Senate provision was first enacted in recognition ing the last month of availability, except for language waiving the authorization require- that a government’s actions should not auto- funds under the headings ‘‘International Dis- ments of section 10 of Public Law 91–672 and matically bar assistance to the people of a aster Assistance’’ and ‘‘United States Emer- section 15 of the State Department Basic Au- country through nongovernmental channels. gency Refugee and Migration Assistance thorities act for the funds appropriated in It is with this intention that the conferees Fund’’. The Senate amendment contained no this Act. The House bill made these funds have expanded the scope of the current au- provision on this matter. subject to these authorization requirements. thority to include the former Soviet Union Sec. 536. Extension of authority to obligate Sec. 502. Prohibition of bilateral funding for and Eastern Europe. international financial institutions funds to close the special defense acquisi- Sec. 545. Prohibition on publicity or propaganda The conference agreement includes lan- tion fund The conference agreement includes House guage proposed by the House which prohibits The conference agreement includes lan- language limiting to $500,000 the amount funds in title II being used to carry out the guage proposed by the House which amends that may be made available to carry out the provisions of section 209(d) of the Foreign title III of Public Law 103–306 to extend provisions of section 316 of Public Law 96–533 Assistance Act, notwithstanding section 614 through fiscal year 2000 the authority to ob- relating to hunger and development edu- of said Act. The Senate amendment con- ligate funds to close the Special Defense Ac- cation. The Senate bill did not include a lim- tained no provision on this matter. quisition Fund. The Senate amendment con- itation. Sec. 509. Transfers between accounts tained no provision on this matter. Sec. 537. Authorities for the Peace Corps, the Sec. 546. Purchase of American-made equipment The conference agreement includes House Inter-American Foundation and the African and products language providing that the exercise of the Development Foundation The conference agreement combines this authority under this section shall be subject section with section 558, as proposed by the to the regular notification procedures of the The conference agreement restores House language providing authority for the Inter- Senate. The language require, to the great- Committees on Appropriations, except for est extent practicable, that any entity re- transfers specifically referred to in this Act. American Foundation and the African Devel- opment Foundation to operate in foreign ceiving assistance under this Act should re- The Senate amendment did not include the ceive notice that it is the Sense of the Con- requirement for notification. countries notwithstanding other provisions of this or other Acts. The Senate amendment gress that all equipment and products funded Sec. 512. Limitation on assistance to countries in deleted the language providing such author- by this Act should be American-made. default ity. Sec. 550. Prohibitions on assistance to foreign The conference agreement includes a waiv- Sec. 539. Special authorities governments that export lethal military er for Liberia from the requirements of sec- equipment to countries supporting inter- tion 620(q) of the Foreign Assistance Act as The conference agreement deletes ‘‘Cam- national terrorism proposed by the House. The Senate addressed bodia’’ from the provisions that exempt as- sistance to that country from any other pro- The conference agreement provides that this matter in section 561 of the Senate the prohibition on assistance called for in amendment. vision of law as proposed by the Senate, but restores House language exempting humani- subsection (a) applies with respect to a con- Sec. 513. Commerce and trade tarian assistance for the peoples of Bosnia tract entered into after October 1, 1997 in- The conference agreement restores House and Herzegovina and Croatia from any other stead of ‘‘April 24, 1996’’ as proposed by the language at the end of subsection (a) that provision of law. House and ‘‘after the date of enactment of provides authority to the Board of the Ex- The conference agreement also deletes this Act’’ as proposed by the Senate. port-Import Bank to waive the prohibition Senate language allowing for the use of up to Sec. 553. War crimes tribunals drawdown on the use of funds to establish or expand $40,000,000 under the authority (relating to The conference agreement changes the des- production of commodities that could ad- unanticipated contingencies) of section 451 ignation of the section title to include the versely affect United States producers. The of the Foreign Assistance Act. The House word ‘‘drawdown’’ as proposed by the Senate. Senate amendment did not contain this pro- bill does not address the matter. The perma- Sec. 557. Equitable allocation of funds vision. nent statutory limit is $25,000,000. The conference agreement inserts House The conference agreement includes lan- Sec. 515. Notification requirements language providing that not more than 18 guage in a new subsection (d) which enables The conference agreement makes ‘‘Child percent of the funds appropriated to carry the President to waive section 1003 of Public Survival and Disease Programs Fund’’, as out the provisions of sections 103 through 106 Law 100–204, relating to prohibitions regard- proposed by the House, subject to the notifi- and chapter 4 of part II of the Foreign Assist- ing the Palestinian Liberation Organization, cation requirements of this section. The Sen- ance Act that are made available for Latin if the President determines that it is impor- ate amendment had deleted the reference to America and the Caribbean region may be tant to the national security interests of the this account. made available, through bilateral and re- United States. Sec. 519. Reporting requirement gional programs, to provide assistance to Sec. 540. Policy on terminating the Arab League any one country in such region. The Senate The conference agreement amends perma- boycott of Israel nent law as proposed by the Senate to pro- bill did not include this provision. The conference agreement includes lan- vide that the reports required by section Sec. 560. Authorization requirement for inter- guage proposed by the House which deals 25(a)(1) of the Arms Export Control Act shall national financial institutions with the decision in 1997 by the Arab League be submitted to the Committees on Appro- The conference agreement includes lan- to reinstate the boycott of Israel and encour- priations. The House bill required such re- guage from title IV of the Senate amend- ages the President to take certain specific ports, but did not amend permanent law. ment authorizing appropriations over several steps in response to this decision. Sec. 520. Special notification requirements years of $1,600,000,000 for the International Sec. 542. Eligibility for assistance The conference agreement adds ‘‘Panama’’ Development Association (IDA), $285,772,500 The conference agreement includes House as proposed by the House to the list of coun- for paid-in capital of the European Bank for language regarding exemptions from restric- tries subject to the special notification re- Reconstruction and Development, $400,000,000 tions on certain assistance if carried out by quirements of this section. It also deletes for the Asian Development Bank, and nongovernmental organizations. The Senate ‘‘Russia’’ from this list, as proposed by the $76,832,001 for paid-in capital of the Inter- amendment included similar language, but Senate. The Senate provisions adding ‘‘Gua- American Development Bank. The House bill did not include ‘‘Assistance for Eastern Eu- temala’’ and ‘‘Dominican Republic’’ are not authorized $606,000,000 for the IDA. rope and Baltic States’’ under the terms of The conference agreement also amends included in the conference agreement. the provision. This section allows develop- current law to require the International Fi- Sec. 522. Child survival, AIDS and other activi- ment assistance to be provided for non- nance Corporation to comply with environ- ties governmental organizations in cases where mental standards that apply to other multi- The conference agreement includes Senate such assistance would otherwise be barred lateral institutions. It also includes a provi- language limiting to $10,000,000 the funds because of a statutory prohibition on assist- sion (from Senate section 568) relating to that may be made available to reimburse ance to a country. Under this authority, as- procurement opportunities available to Unit- specified organizations for certain activities sistance provided through nongovernmental ed States suppliers and community partici- in support of family planing activities, child organizations may only marginally benefit pation in the planning and implementation survival activities, and activities relating to the government of a country otherwise pro- of multilateral bank projects. research on, and the treatment and control hibited from receiving assistance through, The multilateral lending banks are encour- of, HIV/AIDS, as well as Senate language in- for example, the necessary use of govern- aged to undertake an assessment of the H10626 CONGRESSIONAL RECORD — HOUSE November 12, 1997 transparency and integrity of procurements (b) and in consultation with the Committees forces of a foreign country if the Secretary they finance, including a finding on the util- on Appropriations. of State has credible evidence that such unit ity of using independent third party procure- The conferees also expect that the imple- has committed gross violations of human ment monitoring services. Such services mentation of subsection (b) will be carried rights, unless the Secretary determines and may help U.S. companies compete for MDB out in consultation with the Government of reports to the Committees on Appropriations procurement awards. Turkey, which should include the participa- that the government of such country is tak- Sec. 561. Sanctions against countries harboring tion of nongovernmental organizations ing effective measures to bring responsible war criminals where necessary and appropriate. The con- members of the security forces to justice. ferees note that it is neither the intent of The language also provides that nothing in The conference agreement inserts House the conference, nor is it the effect of this this section shall be construed to withhold language on this matter, except that there is provision, to impinge upon Turkey’s na- funds from any unit credibly alleged to be in- no reference to the International Criminal tional sovereignty. volved in gross violations of human rights. Tribunal for the former Yugoslavia. Under The Senate amendment did not contain a In addition, if funds are withheld pursuant to subsection (a), the language authorizes the provision on this matter. this section, the Secretary is directed to in- President to withhold funds for countries form promptly the foreign government of the harboring war criminals as described in this Sec. 566. Limitation on assistance to the Pal- basis for such action and shall, to the maxi- section. Under subsection (b), the language estinian Authority mum extent practicable, assist the foreign states the President should instruct the The conference agreement includes lan- government in taking effective measures to United States executive directors of the guage which provides that none of the funds bring the responsible members of the secu- international financial institutions to work appropriated by this Act to carry out the rity forces to justice so funds to the unit in opposition to, and vote against, assistance provisions of chapter 4 of part II (Economic may resume. to countries described in this section. The Support Fund) of the Foreign Assistance Act Senate amendment would have required that of 1961 may be obligated or expended with re- The conferees are aware that there may be assistance be withheld, and would have lim- spect to providing funds to the Palestinian instances when providing information to a ited the application of the provision to war Authority. The conference agreement allows foreign government would compromise criminals indicted by the International the President to waive this prohibition if it sources and methods, or endanger witnesses. Criminal Tribunal for Rwanda. is determined that it is ‘‘important to the The phrase ‘‘to the maximum extent prac- ticable’’ ensures, among other things, that Sec. 562. Limitation on assistance to Haiti national security interests of the United States.’’ The waiver is effective for a period sources, methods and the safety of witnesses The conference agreement inserts a sub- of not more than six months at a time and are fully protected. By ‘‘taking effective stitute provision limiting assistance to the shall not apply beyond twelve months after measures to bring responsible members of Government of Haiti (updating what is enactment of this Act. the security forces unit to justice’’, the con- known as the Dole Amendment). The con- Both the House bill and the Senate amend- ferees intend that the government carry out ference substitute is similar to the Senate ment included similar provisions banning a credible investigation and that the individ- provision, but requires that the privatization funds for the Palestinian Authority and the uals involved face appropriate disciplinary of at least three major state enterprises be P.L.O. but each would have allowed for the action or impartial prosecution in accord- substantially completed as proposed by the provision of funds based upon a detailed but ance with local law. House. different Presidential certification. Both The House bill contained no provision on Sec. 563. Requirement for disclosure of foreign House and Senate bills include identical lan- this matter. aid in report of Secretary of State guage (Sections 552) which bans assistance to Sec. 571. Limitations on transfer of military The conference agreement continues and the P.L.O. equipment to East Timor updates prior year language requiring that Sec. 567. Limitation on assistance to the Govern- The conference agreement includes lan- the annual report on the voting record of for- ment of Croatia eign countries at the United Nations include guage which requires that any agreement for The conference agreement includes lan- a side-by-side comparison showing the sale, transfer, or licensing of any lethal guage proposed by the House that bars use of amount of U.S. assistance provided to each equipment or helicopters for Indonesia en- funds made available to the Government of country in fiscal year 1997. The Senate bill tered into by the United States shall state Croatia in title II to relocate the remains of was identical except that it referenced the that the United States expects that such Croatian Ustashe soldiers to the site of the fiscal year 1996. items will not be used in East Timor. The World War II concentration camp at conference agreement also provides that Sec. 564. Restrictions on voluntary contributions Jasenovac, Croatia. The Senate bill did not to United Nations agencies nothing in this section shall be construed to address this matter. limit Indonesia’s inherent right to legiti- The conference agreement includes House Sec. 568. Burma labor report mate national self-defense as recognized language prohibiting payment of any vol- The conference agreement includes lan- under the United Nations Charter and inter- untary contribution to the United Nations guage requiring a report from the Secretary national law. (including the United Nations Development of Labor, in consultation with the Secretary The conferees recognize Indonesia’s impor- Program) if the U.N. implements any tax- of State, on labor practices in Burma. The tant contribution to regional security and ation on any United States national or cor- Senate amendment included the requirement its inherent right of self-defense under the poration. The Senate amendment did not ad- for a report from the Secretary of Labor, as United Nations Charter. The conferees note, dress this matter. well as details regarding contents of the re- however, that U.S. military equipment has Sec. 565. Assistance to Turkey port. The House bill did not address this been used by Indonesian troops in East The conference agreement inserts language matter. Timor. The conferees are concerned that which limits ‘‘Economic Support Funds’’ to The conferees request the report address U.S. military equipment not be used in a Turkey to $40,000,000; provides that not less allegations and details on child labor prac- manner inconsistent with international law, than 50 percent of such funds shall be made tices, workers’ rights, the forced relocation particularly with respect to the observance available for the purposes of supporting pri- of laborers, and the use of forced labor to of human rights and therefore have included vate nongovernmental organizations en- support the tourism industry and the con- bill language which makes clear that such gaged in strengthening democratic institu- struction of the Yadonna gas pipeline. To as- items should not be used in East Timor. tions in Turkey, providing economic assist- sure an understanding of its accuracy, the The House bill did not contain a provision ance for individuals and communities af- conferees also expect an evaluation of the on this matter. fected by civil unrest, and supporting and cooperation and access afforded in Burma to Sec. 572. Transparency of budgets promoting peaceful solutions and economic the officials engaged in the preparation of development which will contribute to the the report. The conference agreement includes Senate settlement of regional problems in Turkey. Sec. 569. Haiti language amending section 576(a)(1) and The conferees agree that the cash transfer (a)(2) of Public Law 104-208 to require that The conference agreement includes Senate and direct project assistance components of countries have in place a functioning system language making the Government of Haiti Turkey’s assistance are not severable and if, for reporting to civilian authorities audits of eligible to purchase defense articles and for whatever reason, the directed assistance receipts and expenditures that fund activi- services under the Arms Export Control Act were not provided and spent in the manner ties of the armed forces and security forces for the Haitian National Police and Coast provided in subsection (b), the Government in order to receive U.S. support for multilat- Guard, subject to notification. The House of Turkey would not receive the direct gov- eral assistance through international finan- bill contained no provision on this matter. ernment-to-government assistance. Further- cial institutions, and to condition U.S. sup- more, the conferees also agree that the Sec. 570. Limitation on assistance to security port for such assistance on the requirement Agency for International Development will forces that information be provided to the inter- be responsible for administering the project The conference agreement includes lan- national financial institution on such audit elements of subsection (b) utilizing NGO’s, guage, similar to that in the Senate amend- process if requested by such institution. The PVO’s and other instrumentalities consist- ment, which prohibits funds in this Act from House bill contained no provision on this ent with the purposes outlined in subsection being provided to any unit of the security matter. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10627 Sec. 573. Restrictions on funding to countries commercial transportation and related serv- Sec. 580. Requirements for the reporting to Con- providing sanctuary to indicted war crimi- ices that are acquired by contract for the gress of the costs to the Federal Government nals purposes of the drawdown in question if the associated with the proposed agreement to The conference agreement includes lan- cost to acquire such commercial transpor- reduce greenhouse gas emissions guage prohibiting bilateral assistance and tation and related services is less than the The conference agreement includes Senate the support of the United States for certain cost to the United States Government of pro- language, except for a date change, requiring multilateral assistance, for countries and en- viding such services from agency assets. The the President to report on federal expendi- tities not in compliance with the war crimes House bill did not contain a provision on this tures for climate and global change pro- provisions of the Dayton peace accords for matter. grams and activities. The report is required the former Yugoslavia. The Senate bill con- Sec. 577. To prohibit foreign assistance to the by November 15, 1997, rather than October 15, tained language which prohibited most sup- Government of Russia should it implement 1997, as in the Senate amendment. The House port for such countries and entities until laws which would discriminate against mi- did not address the matter. The managers measurable progress was made with respect nority religious faiths in the Russian Fed- are concerned about the Administration’s to the arrest and transfer to The Hague of in- eration failure to comply with a similar information dicted war criminals. The House addressed request in the fiscal year 1997 Foreign Oper- The conference agreement inserts a new the issue of war crimes in the former Yugo- ations Export Financing and Related Pro- provision instead of language proposed by slavia in section 565 of the House bill, which grams Appropriations Act. the Senate. The House did not address this would have authorized the President to with- matter. Sec. 581. Authority to issue insurance and ex- hold assistance to countries that granted The conference substitute is effective 150 tend financing sanctuary to war criminals. The conference agreement includes Senate The conferees expect that the provision of days after enactment. Upon its effective date, the President is allowed 30 days to cer- language extending the operations of the United States assistance to Croatia and Overseas Private Investment Corporation for Bosnia through international financial insti- tify the Congress that the Government of the Russian Federation has not implemented two additional years within an overall credit tutions will be coordinated with U.S. foreign ceiling of $29,000,000,000. It does not include a policy objectives. With respect to the exemp- any measure that discriminates against reli- gion in violation of international agree- Senate provision extending the operations of tion in the section for bilaterally and multi- the Export-Import Bank. laterally funded cross-border infrastructure ments that include Russia. In the absence of Sec. 582. Withholding assistance to countries projects, the conferees intend that the ex- such certification, funds appropriated under violating United Nations sanctions against emption should apply only to projects which the Act may not be obligated for the Govern- Libya are predominantly located in and predomi- ment of the Russian Federation. nantly benefit a nonsanctioned entity and The managers note continued Congres- The conference agreement language is include a small portion that extends into a sional concern over the issue of religious similar to that in the Senate amendment re- contiguous sanctioned entity for the purpose freedom in the Russian Federation. Despite quiring the President to withhold 5 percent of completing the project. The conferees the personal intervention of the Vice Presi- of the funds (other than humanitarian and note that Republicka Srpska has failed to ar- dent and many members of Congress, Presi- development assistance) allocated to any rest and transfer any of the 53 publicly in- dent Yeltsin signed into a law a measure country that is violating sanctions against dicted war criminals believed to be in its ter- which could threaten religious freedom in Libya. The language also includes a provi- ritory. Russia. sion to allow the President to waive this sec- tion if he determines that to do so is in the Sec. 574. Extension of certain adjudication pro- The conferees consider implementation of national security of the United States. visions the new law on religion by national, re- gional, and local entities in Russia to be the If the President exercises his waiver au- The conference agreement includes Senate determining factor regarding religious free- thority under this section, the determina- language that extends for an additional year dom. The operative phase in this section tion is to be provided in writing to the Com- (until October 1, 1998) the provisions of sec- should be interpreted by the Administration mittees on Appropriations. tion 599D and 599E of Public Law 101–167; as giving it discretion to determine if the Sec. 583. War crimes prosecution these provisions establish categories of Russian government’s actions are discrimi- The conference agreement includes lan- aliens for purposes of refugee determina- natory. guage similar to that in the Senate amend- tions, and provide for the adjustment of im- The conferees acknowledge the advances ment that amends the War Crimes Act of migrant status for certain Soviet and Indo- that the Russian Federation has made in the 1996. The language is identical to the lan- chinese aliens. The House bill did not con- areas of human rights and democratic politi- guage of H.R. 1348, which passed the House of tain a provision on this matter. cal reforms. Congress has saluted its past Representatives on July 29, 1997. This provi- The managers expect that this matter will willingness to allow freedom of speech, as- sion defines war crimes for the purposes of be addressed in the future by the committees sembly, and religion. The managers remain the War Crimes Act. The House bill did not of jurisdiction, and do not anticipate making optimistic that religious diversity and free- address this matter. another extension in an appropriations act. dom of religious expression can survive in Sec. 584. International military education and Sec. 575. Additional requirements relating to the Russian Federation. training programs for Latin America stockpiling of defense articles for foreign countries Sec. 578. U.S. policy regarding support for coun- The conference agreement includes lan- tries of the South Caucasus and Central guage similar to that proposed by the Senate The conference agreement includes lan- Asia which provides that the Secretary of De- guage proposed by the Senate which in sub- The conference agreement includes Senate fense, in consultation with the Secretary of section (a) amends section 514(b)(2)(A) of the State, should make every effort to ensure Foreign Assistance Act by authorizing addi- language supporting the development of strong political and economic ties between that approximately 30 percent of IMET funds tions to defense stockpiles for foreign coun- for Latin America will be used to support en- tries of $60,000,000 for fiscal year 1998. Sub- countries of the Southern Caucausus and Central Asia regions and the West; the lan- rollment in expanded IMET courses. In addi- section (b) amends section 514(b)(2)(B) of the tion the conference agreement provides that same act to authorize, for fiscal year 1998, guage also addresses United States policy with regard to the independence of Southern the Secretary of State, in consultation with not more than $40,000,000 for stockpiles in the Secretary of Defense, should identify suf- the Republic of Korea and not more than Caucasus and Central Asia republics and res- olutions of regional conflicts. ficient numbers of qualified, nonmilitary $20,000,000 for stockpiles in Thailand. The personnel from countries in Latin America House bill did not contain a provision on this Sec. 579 Pakistan so that approximately 25 percent of the total matter. The conference agreement includes lan- of individuals from Latin American coun- Sec. 576. Delivery of drawdown by commercial guage proposed by the Senate to amend sec- tries attending United States supported transportation services tion 239(f) of the Foreign Assistance Act of IMET programs and the Center for Hemi- The conference agreement includes Senate 1961 to exempt the Overseas Private Invest- spheric Defense Studies at the National De- language which amends section 506 of the ment Corporation from provisions in the fense University are civilians. Not later than Foreign Assistance Act of 1961, as follows: (1) Foreign Assistance Act prohibiting OPIC ac- twelve months after the date of enactment of requires a report to Congress detailing all tivity in Pakistan and expressing the sense this Act, the Secretary of Defense, in con- defense articles, defense services, and mili- of the Congress that the Director of the sultation with the Secretary of State, shall tary education and training delivered to a Trade and Development Agency should ‘‘use report in writing to the appropriate commit- recipient country or international organiza- funds made available’’ to promote United tees of the Congress on the progress made to tion upon delivery of such articles or upon States exports to Pakistan. The conference improve military training of Latin American completion of such services, including agreement deletes language proposed by the participants in the areas of human rights whether any savings were realized by utiliz- Senate to amend section 638(b) of the For- and civilian control of the military. The Sec- ing commercial transport services; and (2) eign Assistance Act of 1961 to exempt Paki- retary shall include in the report plans for authorizes, as part of any drawdown of de- stan from prohibitions on certain training implementing additional expanded IMET fense or other articles or commodities, that activities. The House bill did not address programs for Latin America during the next such drawdown may include the supply of this matter. three fiscal years. H10628 CONGRESSIONAL RECORD — HOUSE November 12, 1997

The House bill did not contain a provision Sec. 591. Development credit authority SENSE OF THE CONGRESS RELATING TO INTER- on this matter. The conference agreement provides NATIONAL ADOPTION LAWS AND PRACTICES Sec. 585. Aid to the Government of the Demo- $7,500,000 for a new enhanced credit author- OF PARAGUAY cratic Republic of Congo ity and $500,000 to be derived from AID oper- The conference agreement deletes a Sense The conference agreement modifies Senate ating expenses. The managers intend for the of the Congress resolution dealing with the language regarding assistance to the Demo- credit facility to fund a program in the Rus- plight of Americans seeking to adopt chil- cratic Republic of Congo. It would prohibit sian Far East providing market rate loans dren in Paraguay. The managers have been assistance to the central government of the and guarantees to finance non-sovereign and informed by the Department of State that Democratic Republic of Congo until the sovereign development projects. These the Secretary has become personally in- President reports that said government is projects shall concentrate on development of volved in this matter, and that a new adop- cooperating fully with investigators from the energy sector, telecommunications and tion law is expected to be passed in Paraguay the United Nations in accounting for human infrastructure requirements, especially im- at any time. The Senate amendment did not rights violations committed in the Demo- provements to ports. The managers believe contain a provision on this matter. cratic Republic of Congo or adjacent coun- U.S. expertise, technology and services have WITHHOLDING OF ASSISTANCE TO AGENCY tries. The House bill did not contain a provi- the potential to make a significant contribu- SUPPORTING NUCLEAR POWER PLANT IN CUBA sion on this matter. tion to the development of the region’s vast The conference agreement strikes lan- Sec. 586. Assistance for the Middle East natural resources while generating income, guage proposed by the House which would jobs and economic growth. The managers be- The conference agreement inserts language prohibit funds under the heading ‘‘Non- lieve this credit facility should complement proliferation, Antiterrorism, Demining, and which provides that of the funds appro- resources and activities provided by U.S. priated by this Act under the headings ‘‘Eco- Related Programs’’ that are made available trade promotion agencies to the private sec- for the International Atomic Energy Agency nomic Support Fund’’, ‘‘Foreign Military Fi- tor. nancing’’, ‘‘International Military Education from being made available for programs and No later than 60 days after the date of en- and Training’’, ‘‘Peacekeeping Operations’’, projects in Cuba. The Senate bill had no actment of this Act, the managers request a for refugees resettling in Israel under the similar provision. The conferees remain con- report from the Coordinator of Assistance heading ‘‘Migration and Refugee Assist- vinced that the Juragua nuclear facility in for the New Independent State clarifying a ance’’, and for assistance for Israel to carry Cuba is extremely unsafe and should not be development strategy for the Russian Far out provisions of chapter 8 of part II of the completed. The conferees therefore direct East including an evaluation of the current Foreign Assistance Act of 1961 under the the Secretary of State, prior to the obliga- and potential contribution of each agency heading ‘‘Nonproliferation, Anti-Terrorism, tion of funds for the IAEA, to certify to the funded by this Act. Demining, and Related Programs’’, not more Committees on Appropriations that none of than a total of $5,402,850,000 may be made Sec. 592. Authorization for population planning the funds provided will be used to facilitate the activation of the Juragua nuclear plant available for Israel, Egypt, Jordan, Lebanon, The conference agreement includes House in Cuba. the West Bank and Gaza, the Israel-Lebanon language limiting to $385,000,000 the funds Monitoring Group, the Multinational Force available under title II of this Act for popu- LIMITATION ON PROCUREMENT OUTSIDE OF THE and Observers, the Middle East Regional De- lation planning activities or other popu- UNITED STATES mocracy Fund, Middle East Regional Co- lation assistance. The Senate included a sep- The conference agreement deletes House operation, and Middle East Multilateral arate appropriations account for these ac- language restricting the use of United States Working Groups, unless the President deter- tivities at a level of $435,000,000. The con- funds in foreign countries to buy products or mines and certifies to the Committees on ference agreement also includes language services, including defense articles or de- Appropriations that it is important to the providing for monthly apportionments for fense services, from certain other foreign na- national security interest of the United this funding at a level of not to exceed 8.34 tions. The Senate bill did not include a simi- States to exceed $5,402,850,000 and any such percent. lar provision. additional funds shall only be provided CASH FLOW FINANCING AUTHORIZATION FOR NATO EXPANSION through the regular notification procedures The conference agreement strikes a provi- The conference agreement strikes lan- of the Committees on Appropriations. The sion proposed by the House which provides guage proposed by the House requiring that conference agreement also includes language that no funds in this Act may be used to pay FMF procurements in excess of $100,000,000 which would prevent the use of prior year for NATO expansion not authorized by law. which are approved for cash flow financing funds in the accounts listed in this section The conferees note that the authorization of shall be subject to notification. A similar no- but allocated for recipients outside of the funds to support the future enlargement of tification requirement is included in perma- Middle East region to fund programs covered NATO’s is within the purview of responsibil- nent law (Public Law 104–164). The Senate by the limitation on funds for Middle East ities of the relevant authorization commit- bill contained no provision on this matter. countries and activities required by this sec- tees of the House and Senate. The Senate did tion. The conferees included this provision in RESTRICTIONS ON THE TERMINATION OF not include a similar provision. order to make certain that prior year funds SANCTIONS AGAINST SERBIA AND MONTENEGRO TRANSFER AMENDMENT for other regions such as Africa and Latin The conference agreement does not include America would not be used to support Middle The conference agreement deletes House language from the Senate amendment pro- East related activities. language that reduced amounts otherwise hibiting the lifting of sanctions, prohibi- available for the Economic Support Fund by Sec. 587. Agriculture tions, or requirements of section 1511 of Pub- $25,000,000 and increased the amount avail- The conference agreement modifies sub- lic Law 103–160 regarding Serbia or able for the African Development Fund by section (k) under the heading ‘‘Assistance for Montenegro unless certain specified condi- the same amount. the New Independent States of the Former tions are met. The House bill contained no SENSE OF CONGRESS REGARDING COSTS OF THE Soviet Union’’ in the Foreign Operations, provision on this matter. PARTNERSHIP FOR PEACE PROGRAM AND Export Financing and Related Programs Act, USE OF AMERICAN RESOURCES NATO EXPANSION 1997, by striking ‘‘not less that’’ and insert- The conference agreement strikes the ing ‘‘up to’’ with regard to $35,000,000 made The conference agreement deletes House House language on this matter, however, the available for agricultural projects, including language regarding the use of American re- conferees strongly support the intent of the those undertaken through the Food Systems sources. However, this provision has been language which states that all member na- Restructuring Program. merged in its entirely with section 546 of the conference agreement. tions of NATO should contribute their pro- Sec. 588. Enterprise fund restrictions portionate share to pay for costs of the Part- GUATEMALA The conference agreement includes a modi- nership for Peace program and any future fication to Senate language limiting pay- The conference agreement strikes both the costs attributable to NATO expansion. The ments to enterprise fund personnel. the con- House and Senate language and includes conferees direct the Secretary of State, in ferees agree to limit certain forms of future under the heading ‘‘International Military consultation with the Secretary of Defense, compensation unless notified in advance by Education and Training’’ language limiting to report to the appropriate committees of the Committee on Appropriations. Guatemala to expanded IMET only. the Congress within 90 days of enactment of Sec. 589 Cambodia NORTH KOREA this Act on the efforts being undertaken by The conference agreement includes lan- The conference agreement deletes lan- the United States to ensure that the United guage stating the Secretary of the Treasury guage proposed by the House which requires States does not bear an unfair or dispropor- should instruct the United States Executive the Secretary of State, in consultation with tionate share of the financial burden of Directors of international financial institu- the Secretary of Defense, to submit semi- NATO enlargement. The Senate amendment tions to use the voice and vote of the United annual reports to the Committees on Appro- did not address this matter. States to oppose loans to the Government of priations on the status of the North Korean INTERNATIONAL FINANCIAL INSTITUTION Cambodia. The language is similar to that military. This report is already required in POLICIES included in the House bill and the Senate permanent law. The Senate bill did not con- The Senate provision relating to procure- amendment. tain a similar provision. ment opportunities available to United November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10629 States suppliers and community participa- Administrator of the Agency for Inter- Mr. Speaker, I think that this is a tion in the planning and implementation of national Development to use the diplomatic tradition that should not change be- multilateral bank projects is incorporated in and financial resources and influence avail- cause it is based on protections that section 560 of the conference agreement. able to them to encourage the Government were put into place, in effect, in reac- of Peru to take all necessary steps to ensure EXCESS DEFENSE ARTICLES FOR CERTAIN tion to the McCarthy era of the House EUROPEAN COUNTRIES that United States citizens held in prisons in Peru are treated humanely and accorded Un-American Activities Committee, The conference agreement deletes Senate specifically the Hollywood 10 hearing. language amending section 105 of Public Law timely, open and fair legal proceedings in ci- vilian courts. The conferees request that, no Mr. Speaker, we know, those of us 104–164 to extend the authorities of such sec- who have seen clips or videos from that tion to fiscal years 1998 and 1999. The House later than March 1, 1998, the Secretary of bill did not contain a provision on this mat- State submit a report to the Committees on day, know that witnesses were filmed, ter. Appropriations describing the Administra- blacklisted, their lives were destroyed. tion’s efforts to achieve these ends and the Why would we want to go back to that? SENSE OF THE SENATE REGARDING ESTONIA, response of the Government of Peru. LATVIA, AND LITHUANIA Why do we not learn the lessons of the CONFERENCE TOTAL—WITH COMPARISONS The conference agreement does not include past and not repeat the mistakes that Sense of the Senate language regarding Esto- The total new budget (obligational) au- were made in the past? nia, Latvia, and Lithuania, proposed by the thority for the fiscal year 1998 recommended Now I heard the gentleman from Senate but not addressed in the House bill. by the Committee of Conference, with com- Florida [Mr. GOSS] say that we should The conferees strongly support increased se- parisons to the fiscal year 1997 amount, the not have to worry about possible abuse curity relations between NATO and the Bal- 1998 budget estimates, and the House and Senate bills for 1998 follow: because if there was abuse, people tic nations and the conference agreement in- would understand, they would react cludes a fifty percent increase over the level New budget (obligational) authority, fiscal year and say, well, that witness is being requested by the administration in grant abused and is that not terrible that Foreign Military Financing assistance for 1997 ...... $12,311,119,710 Latvia, Lithuania and Estonia. Budget estimates of new that is happening? Well, my colleagues (obligational) authority, know how TV is. People turn TV on PROMOTION OF RELIGIOUS FREEDOM AND fiscal year 1998 ...... 16,888,168,980 HUMAN RIGHTS and off. They might watch the individ- House bill, fiscal year 1998 12,311,414,980 ual being scrutinized or being harassed The conference agreement does not include Senate bill, fiscal year 1998 16,859,708,000 language proposed by the Senate, but not ad- and not watch the reaction. Conference agreement, fis- So the suggestion that somehow dressed in the House bill, regarding an an- cal year 1998 ...... 13,190,968,080 nual report on religious persecution and es- Conference agreement someone is going to be watching this tablishing a Prisoner Information Registry. compared with: process for half an hour or an hour and In addition, the Senate language contained a New budget 2 hours and see both sides, that is not provision expressing the Sense of the Con- (obligational) author- the way things often happen. People gress that a Commission on Security and Co- ity, fiscal year 1997 ...... +879,848,370 sometimes flick on the TV for a minute operation in Asia should be established. Budget estimates of new or two, and that person is defamed. The managers agree to defer to Leadership (obligational) author- Then I heard the gentleman from Illi- initiatives to move freestanding legislation ity, fiscal year 1998 ...... ¥3,697,200,900 on the major issue of religious freedom. nois [Mr. HYDE] say, well, this is a clas- House bill, fiscal year sic conflict of rights, the right of the UNITED STATES INTELLIGENCE ACTIVITIES RE- 1998 ...... +879,553,100 public to know. Well, I think that LATED TO MONITORING HUMAN RIGHTS Senate bill, fiscal year ABUSES AND RELIGIOUS PERSECUTION 1998 ...... ¥3,668,739,920 there was an understanding when this rule was put into place that there was The conference agreement deletes Senate SONNY CALLAHAN, language requiring the President to under- JOHN EDWARD PORTER, a conflict of rights and that this was take additional reporting to the Intelligence RON PACKARD, the compromise. As was said pre- Committees. The managers defer to the com- JOE KNOLLENBERG, viously, there is no reason. The cam- mittees of jurisdiction in this matter. MIKE FORBES, eras can come into the room, the SENSE OF THE SENATE ON THE EUROPEAN COM- JACK KINGSTON, cameraperson can come into the room, MISSION’S HANDLING OF THE BOEING AND R.P. FRELINGHUYSEN, the broadcast media can be there, the MCDONNELL DOUGLAS MERGER BOB LIVINGSTON, print media can be there, they just NANCY PELOSI, The conference agreement deletes Senate cannot film the person while they are SIDNEY R. YATES, language expressing the Sense of the Senate NITA M. LOWEY, testifying. That was the compromise. regarding European objections to a merger of ESTEBAN E. TORRES, Mr. Speaker, I just am concerned two major American firms. The House bill DAVID OBEY, that the type of protections that were did not contain a provision on this matter. Managers on the Part of the House. talked about by my Republican col- USE OF FUNDS FOR THE UNITED STATES-ASIA MITCH MCCONNELL, leagues are not going to exist. The gen- ENVIRONMENTAL PARTNERSHIP ARLEN SPECTER, tleman from Illinois [MR. HYDE] said, The conference agreement deletes Senate JUDD GREGG, well, someone will defend the witness; language authorizing, notwithstanding any RICHARD SHELBY, the gentleman from Pennsylvania [Mr. other provision of law, funds to be made R.F. BENNETT, Kanjorski] or the gentleman from Mas- available for activities in the People’s Re- BEN NIGHTHORSE sachusetts [Mr. MOAKLEY] or others public of China through the United States- CAMPBELL, Asia Environmental Partnership program. TED STEVENS, will get up there and defend the wit- The House bill did not address this matter. THAD COCHRAN, ness. LIBERATION TIGERS OF TAMIL EELAM PATRICK J. LEAHY, We have no guarantee of that. We The conference agreement deletes Senate DANIEL K. INOUYE, have no guarantee that the public is language expressing the Sense of the Senate FRANK R. LAUTENBERG, going to really understand or that they that the State Department should list the TOM HARKIN, are going to watch the whole proceed- Liberation Tigers of Tamil Eelam as a ter- Managers on the Part of the Senate. ings or that someone is going to step rorist organization. The House bill did not Mr. MOAKLEY. Mr. Speaker, I yield forward and defend the witness. That address this matter. 21⁄2 minutes to the gentleman from New person is out there, they are out there LIMITATION ON INTERNATIONAL MILITARY EDU- Jersey [Mr. PALLONE]. on their own, and they should have the CATION AND TRAINING ASSISTANCE FOR PERU Mr. PALLONE. Mr. Speaker, I have right to be able to turn off the camera, The conference agreement deletes lan- been very surprised to hear my col- because it does happen on occasion guage proposed by the Senate prohibiting league from Florida, Mr. GOSS, and my that people are abused, and we do not IMET funds for Peru unless the President colleague from Illinois, Mr. HYDE, both want to go back to the mistakes of the certifies that the Government of Peru is tak- of whom I have a great deal of respect past. ing all necessary steps to ensure that United for, decry this rule that has been in ef- Mr. MOAKLEY. Mr. Speaker, I yield States citizens held in prisons in Peru are fect for so many years as too tradi- accorded timely, open and fair legal proceed- 2 minutes to the gentleman from Penn- ings in civilian courts. The House bill did not tional. I think my colleague from Flor- sylvania [Mr. KLINK]. contain a similar provision. ida said times have changed, and the Mr. KLINK. Mr. Speaker, I thank the The conferees direct the Secretary of gentleman from Illinois talked about gentleman from Massachusetts for State, the Secretary of the Treasury, and the traditions having to change. yielding this time to me. H10630 CONGRESSIONAL RECORD — HOUSE November 12, 1997 I am in a very unusual position on And do my colleagues know what Congressional investigative hearings serve this debate, Mr. Speaker, because for 24 happened? I stood up as a minority a completely different constitutional purposeÐ years of my life I worked as a radio and member, and I told those Members that oversight of the nation's laws, educating the television newscaster, and I had to they were rude, they were crude, they public about the activities of their government, stand up to authorities that did not were arrogant, and they could not and ultimately, a legislative function. want cameras to come in and show the carry Ollie North’s water. Do my col- Before we can properly make new laws, we light. But I want to tell you, in 5 years leagues know what happened? They must fully understand the functioning of cur- in the House of Representatives, I have ended up looking bad on television rent laws. seen an abuse by stories that are back home before their constituents, Mr. Speaker, the sweeping changes in elec- leaked out to the news media. and they shut up. tronic communications, and the vast number Mr. Speaker, last week I think was a And any Member has that right. We and scope of news media outlets available to prime example in the Committee on used to do the same thing with a very cover government events, has also led Mem- Commerce, the Subcommittee on Over- arrogant subcommittee chairman who bers to wonder if this rule may be archaic. sight and Investigations, when we had, used to deride and demean members of The Chairman of the Executive Committee leading up to a hearing on a company the Reagan administration. Do my col- of the Radio-Television Correspondents' Gal- called Molten Metals that was associ- leagues know what? We did the same leries, Mr. Vic Ratner, wrote to the Rules ated with two former staffers of the thing to him. Do my colleagues know Committee for the second year in a row re- Vice President, news leaks to all the what happened after a little while? He questing that the Committee repeal this House newspapers telling us how, really, they became respectful. When he called wit- rule. thought these people were guilty. Then nesses, he treated them with a little re- This rule, the Radio-TV Correspondents' we saw a memo from the majority say- spect. rightly argue, unfairly discriminates against the ing in fact they had no evidence, there That is all we have to do, stand up electronic media. was no smoking gun, but that this for the rights of these people. The print press, when this rule is invoked, hearing or these hearings provided a Now by repealing this rule that lets are allowed to use the tools of their tradeÐ wonderful opportunity to get news subpoenaed witnesses arbitrarily force pad and penÐwhile cameras and mikes are media, to bring the news media in and out TV and radio so that the American switched off. make people look like they are guilty, people cannot see them, my colleagues The Rules Committee found the practical to make these people deny the allega- know they have a right to see those concerns of Members and the arguments of tions being brought before them. people. Mr. Speaker, if Members vote the Radio-TV Correspondents' be well-found- That is not the way this House is to repeal this antisunshine rule, we ed. supposed to run. That is not the way a will then have rules identical to the By repealing this rule, House committees, in democracy is supposed to run. We Senate. their infinite wisdom, can consider whether to should be able to have hearings; we Now think about this. For the last 60 close a meeting and expel all press and pub- should be able to get to the bottom of years, the Senate will have, or we will lic, if an assertion is made that testimony may these matters; we should have tele- have the exact same rules as the Sen- tend to defame, degrade, or incriminate any vision as we have here. But when a wit- ate. I have never once watched anyone person. ness must be subpoenaed, they should derided, defamed, or demeaned over in Witnesses enjoy several important protec- have the right to not be on television. the Senate. Our rules would then end tions, which require committee votes, under They should have the right to be able up exactly the same. current House rules. (clauses 2 (g) and (k) of to speak just for the printed record. We Members should know that if they rule 11). These rules will remain in effect, if should not have a repeat of the kind of come over here and they vote no on we proceed to repeal this arbitrary no-cameras assassination in the news media that this rule, they are turning off the TV rule. led to that individual back in 1957 feel- coverage to their constituents. If they House Members may be so accustomed to ing so outside the system that he had vote yes, they are voting to leave that TV coverage of the House floor and its com- to take his own life. TV on so that they could see what we mittees that they may forget that for many We have seen recently, and whether are doing down here. years the practice of the House was to not it is the Republicans or whether it is Mr. Speaker, I am going to advise my allow television broadcast of committee pro- the Democrats, we should not put up colleagues to get over here and vote ceedings. with an abuse of this system. A person yes on this. It was not until 1970 that the House per- being subpoenaed before the House of Mr. Speaker, I thank the gentleman from mitted committees the ability to adopt rules al- Representatives should be able to say Sanibel, Florida for yielding to me to support lowing TV broadcast coverage, if a committee whether or not they want to appear on a measure which will provide for more sun- voted to do so. television before the entire world, shine in committee proceedings, and will en- In 1995, as part of the historic Republican whether they want to be on trial before hance public interest and education in Con- opening day reform package, we revised this the entire world or whether they want gress. rule to allow more sunshine to illuminate com- to speak for the legislative record. In several high-profile congressional inves- mittee proceedings for the public. Mr. GOSS. Mr. Speaker, I yield such tigations in recent years certain witnesses, Under the new House rule, any meeting or time as he may consume to the distin- subpoenaed to appear before House commit- hearing must be open to all media coverage if guished gentleman from New York [Mr. tees, have invoked a little-known House rule the session is open to the public, which in fact SOLOMON], the chairman of the Com- which denied all media the ability to fully re- most hearings and meetings are. mittee on Rules. port on those proceedings. I consider House Resolution 301 a natural Mr. SOLOMON. Mr. Speaker, I will be This House rule allows a subpoenaed wit- follow-through to those sunshine reforms brief. ness to arbitrarily demand that TV cameras be adopted at the beginning of the 104th Con- As my colleagues know, the rule we turned off, still photography cease, and radio gress. are proposing to repeal allows a sub- coverage end as well, while the witness is tes- I believe the House can, from time to time, poenaed witness to arbitrarily, for no tifying before the committee. adapt itself to new technology and at the reason at all, to demand that TV cam- The assertion of this right before several same time assist in the education of the public eras and radios be turned off, still pho- committees since the late 1980's have given about Congress. tography cease, and radios again be many MembersÐon both sides of the aisleÐ We should keep in mind that an informed turned off while the witness is testify- firsthand experience with the rule. citizenry is critical to the success of our Re- ing before a committee. Several Members who are very active in public. Now, as my colleagues know, I can their committee work have found the rule frus- With that, Mr. Speaker, I yield back the bal- recall when I was in the minority on trating and have approached me on the House ance of my time. the Foreign Affairs Committee, and the floor to discuss it. Mr. MOAKLEY. Mr. Speaker, I yield committee called Colonel Oliver North Congressional hearings serve an important myself such time as I may consume. before us, and we had some majority educational role in our system of government. Mr. Speaker, I still say the people’s members who got up and they derided Opponents of this rule change will rightly point right of privacy is probably a little and demeaned Ollie North. out that federal courts are not televised. more important than the people’s right November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10631 to know, and individuals where people ticularly in a case like this, poten- see it. I think they understand spin are mandated to come before a com- tially their life. when they see it. I think it is impor- mittee without any protection, they Mr. GOSS. Mr. Speaker, I yield my- tant to see it, and that is why we are cannot rebut the committee. As chair- self such time as I may consume. moving the legislation. man or as Member, they cannot cross- Mr. Speaker, I would make a few Mr. Speaker, I reserve the balance of examine them. A person is just help- points. I have listened very closely to my time. less, and a hostile Congressman could the debate here and up in the Commit- Mr. MOAKLEY. Mr. Speaker, I yield really make an upstanding citizen look tee on Rules, and there has been a good the balance of my time to the gen- like a criminal. deal of Member interest. We have tleman from Michigan [Mr. DINGELL], a Mr. Speaker, I yield 2 minutes to the talked about this in our conference and gentleman who has conducted more gentleman from Rhode Island [Mr. with a lot of Members who have asked hearings than anybody in this House WEYGAND]. questions about this. I think that we and has been more successful in his (Mr. WEYGAND asked and was given are getting to the point where we are hearings probably than anybody else in permission to revise and extend his re- beginning to understand here that the the House. marks.) truth is what matters; the truth of The SPEAKER pro tempore (Mr. Mr. WEYGAND. Mr. Speaker, I thank what actually happens is what is im- SNOWBARGER). The gentleman from the gentleman for yielding me such portant. Michigan is recognized for 31⁄2 minutes. time. I guess I could find some instances (Mr. DINGELL asked and was given Mr. Speaker, I come before my col- where people have been savaged in permission to revise and extend his re- leagues in opposition to this rule, and print and saved by TV. I do not know marks.) I will give them just a few very quick how many instances there are, but I Mr. DINGELL. Mr. Speaker, I thank examples of why we should not be pass- suspect that Ollie North might think my good friend for yielding me time. ing that. that he was such a person, and prob- Mr. Speaker, as my good friend and I listened very intently to what the ably many other people would think colleague, the ranking minority mem- gentleman from New York [Mr. SOLO- that. ber of the Committee on Rules, has ob- MON] said. He is very right in terms of It is very hard to explain away nerv- served, I have conducted probably more allowing the people back home to see ousness for people who speak before hearings of an investigative character what we do. Very important, because if cameras. Some people are more accus- than anybody in this body. Never have we misbehave, they can see that. tomed to it than others. Some people I been inhibited, nor has our commit- But last week before the Committee take it more naturally than others. tee ever been inhibited, by the presence on Banking and Financial Services, we But the fact is nervousness as you are of the rule before us. We were always had a very important witness. She speaking tends to evoke sympathy. able to get the facts out, and the came in and testified with regard to People viewing would say, gee, if there media, regardless of whether they were drug cartel money and how it is is a problem there, it is understood. If print or electronic, were always able to laundered through Colombian banks, it is so egregious, there is a way for the get the story back to the American United States businesses and United committee to deal with that. people about what was going on and States banks, and we as members of I think you can go on with the state- what the witness said. the Committee on Banking and Finan- ment about mistakes show up on TV, The whole verbatim testimony can be cial Services were very, very attentive and they do show up. Congress occa- made available through any of the to her situation and what she was say- sionally makes mistakes, and when media. The only thing is that we pre- ing. She provided us with very impor- they show up on TV, it is useful for serve some small shred of dignity to tant information. people to see we make mistakes, learn the individual who appears before a But the fact of the matter is, she also from them, and go on to the next congressional committee to say, I do was part of that laundering of drug thing, rather than hide the mistakes not want to be photographed here by money. She came before us even and sweep them under the rug, which I cameras from the stills or movies or though there were threats on her life. think the American people are truly other kinds of electronic cameras, and She came before us because she wanted tired of. I think when a panel beats up to be protected in that right. He can be to provide this information to us. on a witness, and I can think of a few photographed going in; he can be pho- In order to protect this witness who cases where that happens, there is gen- tographed going out. All the media is came without subpoena before the erally sympathy in this country for the present in the room and can take down Committee on Banking and Financial witness, and less than sympathy for his testimony verbatim and publish it Services, she was screened off from the the panel. the following day or that same day. press, although they could hear her So I think as you go through this and They can put it on the 5, 6, 10 or 11 testimony, no TV cameras, no photo- take a look at all of the examples that o’clock news. The witnesses who ap- graphs, and her voice was disguised. have been suggested to us, we are talk- pear before him and after him can be Now, if she were to be subpoenaed be- ing about a problem that does not real- photographed in full. fore our committee, she would not have ly exist. We are not changing the Con- I do not think that this is too much the right to say no TV cameras, no stitution, we are not changing the laws to ask, because what it is really about photographs. Only we, as Members of of the land, and we are not going into here is decency. Never, as I mentioned, Congress, or the chairman could say some new horizon. We are doing what have we been thwarted in getting the that. the other body does. full facts. I note that all of the media support This rule that is now in place was put b 1945 this resolution, all of the media, the in place at the suggestion of a Repub- That is wrong, because clearly this print media, the broadcast media, the lican Member in the House, the future witness was providing valuable infor- TV media. Everybody wants to be sure leader in the Senate, Hugh Scott, when mation to us as Members of Congress, that the media can operate as the the Republicans last controlled this and we would have been putting her watchdog that we expect the media to body. life in danger. This rule would remove be, without the spin doctors, without It was because of the unseemly spec- that. This is wrong. the filters, the raw truth of what actu- tacle of Congressional investigations, For those people who think we, in ally is happening there. where Members of Congress abused and fact, have to have cameras all the I have great faith that the people in bullied and harassed witnesses, and time, I would say to them this is not our country, the people who elect us, when irresponsible charges were made the land of Shirley Temple or the Wiz- the people who hire us and fire us in about the loyalty of decent and law- ard of Oz. This is not Hollywood, this is the people’s House, are smart enough abiding citizens, and when the reputa- the U.S. Congress. Respect people’s and capable enough to discern what is tions of ordinary Americans were de- rights. Get the information and testi- right and what is not right. I think stroyed. mony you need, and do not, do not, they understand grandstanding. I think We are not talking about, I remind take away the personal rights, and par- they understand a charade when they you, about getting the full facts. The H10632 CONGRESSIONAL RECORD — HOUSE November 12, 1997 full facts will come out. The media will vision audience to defend their reputations by Members before the Committee on Stand- have full access to the facts and full was fresh in the public's mind. Three years ards of Official Conduct will be conducted participation in the process. The only later, in 1957, a young researcher called be- without the cameras running. Should not every thing is some small shred of decency fore the House Un-American Activities Com- American have the same right as a Member of will be afforded to the individuals. mittee committed suicide, because, as he Congress? Hearsay testimony is permitted in in- wrote in his suicide note, he had a ``fierce re- Vote no on this dangerous return to our vestigations. Members of Congress can sentment of being televised.'' past. say or do anything in the course of a On one occasion at a hearing I conducted, Mr. GOSS. Mr. Speaker, I yield 2 hearing, regardless of how false, slan- a witness, Michael Milken, requested that the minutes to the gentleman from Texas derous, defamatory or outrageous it cameras be turned off. I immediately honored [Mr. BARTON]. might happen to be. the request. He was represented by the late Mr. BARTON of Texas. I thank the It should be noted that the whole Edward Bennett Williams, my former law pro- gentleman from Florida for yielding matter finally came to an end when the fessor, and a man I deeply respected. He had me time. Mr. Speaker, I am the chairman of counsel for the Army appeared before a explained the reasoning behind this witness the Subcommittee on Oversight and In- Senate committee, Mr. Joseph Welch, right in his 1962 book, One Man's Freedom: vestigations of the Committee on Com- and he had to say it. Senator McCarthy ``The average person is extremely nervous merce. We have not issued a subpoena had made one more outrageous accusa- when he appears before any court or commit- in the 3 years that we have been in the tion, at this time about a member of tee. It is unfair to ask him to appear before the majority on that subcommittee. I Welch’s law firm, and Welch looked the entire country as well.'' would like to just make a couple of Senator in the eye and he simply said, We do not need a return to the McCarthy points. ‘‘Have you no decency, sir?’’ excesses of the 1950's, nor a repeat of the Number one, whether we have this I think that that is really the ques- tragedy of 1957. Along with all Americans I rule change or not, the Congress gives tion. It is not about rights of the public want openness in government, but the Amer- the power to ultimately decide whether to know. The public will know. The ican people are also sensitive to the possible to televise or not televise to the tele- public will have the story reported to consequences of an unrestrained media force vision networks. They have the right them in full, in extraordinary detail. on individuals who do not want this attention. under the first amendment to choose to The public will understand. The indi- A witness who is forced to appear before a televise or not to televise. We are not vidual will have some small shred of committee of Congress has very few rights. changing that. decency afforded to him. The witnesses He may not confront his accusers through Number two, any witnesses that are before him and after him will be heard. cross-examination. Objections to questions not subpoenaed do not have the right The public can make an intelligent may be easily overruled by the chairman. to revoke television coverage. If they choice. Hearsay testimony is permitted. Under the choose to appear voluntarily before our Never, never, never in all the 14 years Speech and Debate clause of the Constitution, committee, and the networks choose to that I have run investigative commit- Members of Congress may say anything dur- televise that particular hearing, then tees have we in any way been inhibited ing the course of a hearing, even if it is false, it is televised. from getting the story to the American slanderous, or defamatory. Number three, if we grant this rule people. They can know, they should The purpose of the rule that is being re- change, the committee still has the au- know, and they will know, under the pealed is to show that the Congress does, in thority to vote to prohibit cameras if current rules. This is unnecessary. fact, respect the individual. It shows that there is a sensitivity involved in the Mr. Speaker, we are here tonight debating a whether or not the Constitution provides a issue that the majority of that com- change of the House Rules because the Rules right to some form of privacy, that the Con- mittee on a bipartisan basis feels that Committee and members of the Government gress respects the right of an individual not to it should not be televised. Reform and Oversight Committee want to re- be improperly harassed. So I would hope that we would vote peal a rule protecting the right of a witness There was a time in our not too distant past this rule change. We should not give a subpoenaed to appear before Congress. The when certain Congressmen and Senators for- witness the right to prevent the Amer- current rule allows a subpoenaed witness to got about the importance of showing respect ican people from knowing what it is request that cameras and broadcast micro- to the individual. We should not forget those that a witness is or is not going to say phones be turned off. All members of the terrible McCarthy hearings, which brought when it is a national issue and an issue press, both broadcast and print, may remain such disrespect upon the Congress. The of pressing public policy. at the hearing and report on the hearing, American people intuitively knew what was Again, I would reiterate the Sub- much like they would report on a trial that has taking place was wrong, but it took the elo- committee on Oversight and Investiga- no TV cameras present. The hasty repeal of quent words of the counsel to the Senate tions of the Committee on Commerce a rule that dates back to 1970, and has its committee, Joseph Welch to say it. When has yet to issue a subpoena to any wit- genesis in the post-McCarthy era, is wrong. Senator McCarthy had made yet one more ac- ness in the 3 years we have been in the I have probably conducted more investiga- cusation, this time about a member of Welch's majority. We ask our witnesses to ap- tive hearings than any current Member of law firm, Welch look the Senator in the eye, pear voluntarily, and I would say 95 Congress, and I can state categorically that and simply said, ``Have you no decency, sir at percent of the time the witnesses do this rule is rarely invoked and has never long last?'' appear. thwarted a full investigation into the truth, nor That is what this rule is aboutÐsimple de- So I hope we vote for the rule change a full reporting of the facts. cency. It is a recognition that whether the and let the American people know I know of no reason why this rule is being Congress has nearly limitless power to inves- what it is that is going on before the rushed to the floor. Television media are not tigate, simple rules of decency must apply. committees of Congress. disadvantaged by this rule. Reporters may Maybe the individual is afraid of cameras; Mr. GOSS. Mr. Speaker, I yield the stay in the room and report exactly what oc- maybe the individual has a disability; maybe balance of my time to the gentleman curred in the hearing. They may report the the individual has a religious objection to cam- from Georgia [Mr. GINGRICH], the testimony verbatim, just as print journalists eras. It matters not what the reason is. The Speaker of the House. may. Yes, we do give the right to turn off the existing rule is a statement that this House will The SPEAKER pro tempore (Mr. CAL- camera to the witness who is forced against conduct itself with a respect of the individual. VERT). The gentleman from Georgia is his or her will to be here, but there is a good It is the one rule that a single individual may recognized for 8 minutes. reason. invoke. No majority of the committee can over- Mr. GINGRICH. Mr. Speaker, I do ap- The rule protecting a witness from unwanted ride this rule. preciate very much the gentleman cameras was first proposed by then-Rep- In the end, the benefits of the rule will go from Florida yielding me this time. I resentative and future Senate Republican not just to the individual, but to the Congress will not use it all. Leader Hugh Scott in 1954 when Republicans itself, because if we are not seen as fair, as I wanted to rise on this topic because last controlled the House. At that time, the un- respectful, and decent, we only hurt the re- I think it is a very, very important seemly spectacle of Senator Joseph McCarthy spect for this institution. question for the House, and one that calling in dozens of American citizens, some The Congress has already voted that the in- every Member of the House should famous and some not, before a national tele- vestigative phase of allegations of misconduct weigh in their own conscience. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10633 I came to the U.S. House as a fresh- tify. The witness has every right to I, the Chair announces that he will man in 1978, in the election of 1978. I seek protection of the fifth amend- postpone further proceedings today on was sworn in in January of 1979, and ment. The witness has every right to each motion to suspend the rules on the House was dark. Only in April of clarify. None of those protections for which a recorded vote or the yeas and that year was television permitted in the witness are changed. nays are ordered, or on which the vote the House, and at the time there were Our friends would suggest that there is objected to under clause 4 of rule many cries that it would permanently is somehow a magic difference between XV. Such rollcall votes, if postponed, ruin the process. The Senate at that the same witness with the same attor- will be taken later. ney in the same hearing answering the time refused to be televised. f Over a period of years, several things same question, having it recorded by a happened. We live in an electronic age. newspaper in print and having it broad- SURFACE TRANSPORTATION We live in an age where people use the cast by radio or television. EXTENSION ACT OF 1997 Internet, they use television, they use b 2000 Mr. SHUSTER. Mr. Speaker, I move radio, they surf the Net, they surf But I think that is to miss the entire to suspend the rules and pass the Sen- channels. And in that electronic age, revolution of our generation. ate bill (S. 1519) to provide a 6-month Senators began to realize that, all of a What is making the world different is extension of highway, highway safety, sudden, the coverage which had histori- the ability to have an electronic rela- and transit programs pending enact- cally been dominated by the Senate tionship that is real and vivid. At a ment of a law reauthorizing the Inter- was shifting to the House because it time when the O.J. Simpson trial was modal Surface Transportation Effi- was a more immediate, a more real, a available to every citizen; at a time ciency Act of 1991. more vivid institution. when city councils are open to camera The Clerk read as follows: I think today if someone were to in Smyrna, Georgia; for example, every Be it enacted by the Senate and House of Rep- come to the floor and say, let’s repeal Monday night is city council night in resentatives of the United States of America in televising the House, let’s close down Smyrna, and every citizen in Smyrna Congress assembled, C-SPAN, let’s make it impossible to can watch, unless they are discussing a SECTION 1. SHORT TITLE. take televised debate off the floor of personnel decision that is sensitive. This Act may be cited as the ‘‘Surface the House, people would look at them But to suggest that we should now re- Transportation Extension Act of 1997’’. in wonderment. They would say, how tain a 1957 rule, at a time, by the way, SEC. 2. ADVANCES. could you think of that? Because the when there was no television in the (a) IN GENERAL.—The Secretary of Trans- modern news is in large part an elec- House; in Sam Rayburn’s day, they did portation (referred to in this Act as the tronic news. It is a process of imme- ‘‘Secretary’’) shall apportion funds made not have televised House proceedings. available under section 1003(d) of the Inter- diacy that is quite unusual. But now, in the modern era, I think it modal Surface Transportation Efficiency Act Now we come to the question of com- is wrong. of 1991 to each State in the ratio that— mittees. What is the purpose of holding I would just pose this before any of (1) the State’s total fiscal year 1997 obliga- a committee hearing? It is to learn the my friends in the Democratic Party tion authority for funds apportioned for the truth, to listen to opinions, to inform vote ‘‘no.’’ I do not believe one can find Federal-aid highway program; bears to the Members and to inform the public. a single Democratic Senator who would (2) all States’ total fiscal year 1997 obliga- We live in an age where murder trials seek to go back and bar cameras and tion authority for funds apportioned for the are televised; we live in an age where microphones from a Senate hearing. I Federal-aid highway program. television is virtually ubiquitous; we do not believe one can find a single (b) PROGRAMMATIC DISTRIBUTIONS.— (1) PROGRAMS.—Of the funds to be appor- live in an age where people are pretty Member who has served in the Senate tioned to each State under subsection (a), aware of and sensitive to the process of who would seek to go back and bar tel- the Secretary shall ensure that the State is television. And what is the proposed evision and radio from a hearing. If, in apportioned an amount of the funds, deter- change here? What is this dramatic, the last 40 years, it has done no dam- mined under paragraph (2), for the Interstate bold new breakthrough? It is to adopt age to witnesses in the Senate, what is maintenance program, the National Highway the rules which are already in force in it we are afraid of that it would do in System, the bridge program, the surface the Senate. That is right, exactly the the House? transportation program, the congestion same protections that already exist in The time has come to open the com- mitigation and air quality improvement pro- gram, minimum allocation under section 157 the Senate. mittees, just as when I was a freshman we opened up the House Chamber. Just of title 23, United States Code, Interstate re- Now, I have yet to hear any Senator imbursement under section 160 of that title, suggest that the Senate should quit as C-SPAN was good for the House the donor State bonus under section 1013(c) televising hearings. I have not heard a Chamber, I believe the same coverage of the Intermodal Surface Transportation Ef- single Democrat or Republican suggest in the committees will be good, and I ficiency Act of 1991 (105 Stat. 1940), hold that there is anything wrong with any urge every Member to vote for this harmless under section 1015(a) of that Act hearing on any topic, as long as it does change, to bring the full light of com- (105 Stat. 1943), 90 percent of payments ad- not involve national security. plete news media coverage into the justments under section 1015(b) of that Act If it involves defamation of a person, hearings of the United States House. (105 Stat. 1944), section 1015(c) of that Act Mr. GOSS. Mr. Speaker, I move the (105 Stat. 1944), an amount equal to the funds if it involves something which could af- provided under sections 1103 through 1108 of fect their livelihood, the committee in previous question on the resolution. The previous question was ordered. that Act (105 Stat. 2027), and funding restora- the House or the committee in the Sen- tion under section 202 of the National High- The SPEAKER pro tempore (Mr. CAL- ate has the right to close the hearing way System Designation Act of 1995 (109 VERT). The question is on the resolu- for good reason. If it involves national Stat. 571). tion. security, the committee has the right (2) IN GENERAL.—The amount that each The question was taken; and the State shall be apportioned under this sub- to exclude the media for good reason. Speaker pro tempore announced that But the normal, standard set in the section for each item referred to in para- the ayes appeared to have it. graph (1) shall be determined by multiply- Senate is that a hearing is a hearing, Mr. MOAKLEY. Mr. Speaker, on that ing— and that this is the people’s Congress, I demand the yeas and yeas. (A) the amount apportioned to the State and, therefore, the people have a right The yeas and nays were ordered. under subsection (a); by to access; and in the modern era the The SPEAKER pro tempore. Pursu- (B) the ratio that— most effective method of access is elec- ant to clause 5 of rule I, further pro- (i) the amount of funds apportioned for the tronics, which means radio and tele- ceedings on this question are post- item, or allocated under sections 1103 vision. poned. through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Now, what about the witnesses’ f rights? They are not changed at all. Stat. 2027), to the State for fiscal year 1997; bears to The witness arrives, accompanied by ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (ii) the total of the amount of funds appor- an attorney. The witness has all of the tioned for the items, and allocated under legal protections given them. The wit- The SPEAKER pro tempore. Pursu- those sections, to the State for fiscal year ness has every right to refuse to tes- ant to the provisions of clause 5 of rule 1997. H10634 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(3) USE OF FUNDS.—Amounts apportioned to (A) equal to the greater of— (1) IN GENERAL.—As soon as practicable a State under subsection (a) attributable to (i) the State’s unobligated balance, as of after the date of enactment of a law reau- sections 1103 through 1108 of the Intermodal October 1, 1997, of Federal-aid highway ap- thorizing the Federal-aid highway program Surface Transportation Efficiency Act of portionments subject to any limitation on enacted after the date of enactment of this 1991 shall be available to the State for obligations; or Act, the Secretary shall restore any funds projects eligible for assistance under chapter (ii) 50 percent of the State’s total fiscal that a State transferred under subsection (a) 1 of title 23, United States Code. year 1997 obligation authority for funds ap- for any project not eligible for the funds but (4) ADMINISTRATION.—Funds authorized by portioned for the Federal-aid highway pro- for this section to the program category the amendment made by subsection (d) shall gram; but from which the funds were transferred. be administered as if they had been appor- (B) not greater than 75 percent of the (2) PROGRAM CATEGORY RECONCILIATION.— tioned, allocated, deducted, or set aside, as State’s total fiscal year 1997 obligation au- The Secretary may establish procedures the case may be, under title 23, United thority for funds apportioned for the Fed- under which funds transferred under sub- States Code; except that the deduction under eral-aid highway program. section (a) from a program category for section 104(a) of title 23, United States Code, (2) LIMITATION ON AMOUNT.—The total of all which funds are not authorized may be re- the set-asides under section 104(b)(1) of that allocations under paragraph (1) shall not ex- stored to the Federal-aid highway, highway title for the territories and under section ceed $9,786,275,000. safety, and motor carrier safety programs. 104(f)(1) of that title for metropolitan plan- (3) TIME PERIOD FOR OBLIGATIONS OF (3) LIMITATION ON STATUTORY CONSTRUC- ning, and the expenditure required under sec- FUNDS.— TION.—No provision of law, except a statute tion 104(d)(1) of that title shall not apply to (A) IN GENERAL.—Except as provided in enacted after the date of enactment of this those funds. subparagraph (B), a State shall not obligate Act that expressly limits the application of (c) REPAYMENT FROM FUTURE APPORTION- any funds for any Federal-aid highway pro- this subsection, shall impair the authority of MENTS.— gram project after May 1, 1998, until the ear- (1) IN GENERAL.—The Secretary shall re- the Secretary to restore funds pursuant to lier of the date of enactment of a multiyear this subsection. duce the amount that would, but for this sec- law reauthorizing the Federal-aid highway tion, be apportioned to a State for programs program or July 1, 1998. (d) GUIDANCE.—The Secretary may issue under chapter 1 of title 23, United States (B) REOBLIGATION.—Subparagraph (A) shall guidance for use in carrying out this section. Code, for fiscal year 1998 under a law reau- not preclude the reobligation of previously SEC. 4. ADMINISTRATIVE EXPENSES. thorizing the Federal-aid highway program obligated funds. enacted after the date of enactment of this (C) DISTRIBUTION OF REMAINING OBLIGATION (a) EXPENSES OF FEDERAL HIGHWAY ADMIN- Act by the amount that is apportioned to AUTHORITY.—On the earlier of the date of en- ISTRATION.— each State under subsection (a) and section actment of a law described in subparagraph (1) AUTHORITY TO BORROW.— 5(f) for each such program. (A) or July 1, 1998, the Secretary shall dis- (A) FROM UNOBLIGATED FUNDS AVAILABLE (2) PROGRAM CATEGORY RECONCILIATION.— tribute to each State any remaining FOR DISCRETIONARY ALLOCATIONS.—If unobli- The Secretary may establish procedures amounts of obligation authority for Federal- gated balances of funds deducted by the Sec- under which funds apportioned under sub- aid highways and highway safety construc- retary under section 104(a) of title 23, United section (a) for a program category for which tion programs by allocation in accordance States Code, for administrative and research funds are not authorized under a law de- scribed in paragraph (1) may be restored to with section 310(a) of the Department of expenses of the Federal-aid highway program the Federal-aid highway program. Transportation and Related Agencies Appro- are insufficient to pay those expenses for fis- (d) AUTHORIZATION OF CONTRACT AUTHOR- priations Act, 1998 (Public Law 105–66). cal year 1998, the Secretary may borrow to ITY.—Section 1003 of the Intermodal Surface (D) CONTRACT AUTHORITY.—No contract au- pay those expenses not to exceed $60,000,000 Transportation Efficiency Act of 1991 (105 thority made available to the States prior to from unobligated funds available to the Sec- Stat. 1918) is amended by adding at the end July 1, 1998, shall be obligated after that retary for discretionary allocations. the following: date until such time as a multiyear law re- (B) REQUIREMENT TO REIMBURSE.—Funds ‘‘(d) ADVANCE AUTHORIZATIONS.— authorizing the Federal-aid highway pro- borrowed under subparagraph (A) shall be re- ‘‘(1) IN GENERAL.—There shall be available gram has been enacted. imbursed from amounts made available to from the Highway Trust Fund (other than (4) TREATMENT OF OBLIGATIONS.—Any obli- the Secretary under section 104(a) of title 23, the Mass Transit Account) to carry out sec- gation of an allocation of obligation author- United States Code, as soon as practicable tion 2(a) of the Surface Transportation Ex- ity made under this subsection shall be con- after the date of enactment of a law reau- tension Act of 1997 $5,500,000,000 for the pe- sidered to be an obligation for Federal-aid thorizing the Federal-aid highway program riod of November 16, 1997, through January highways and highway safety construction enacted after the date of enactment of this 31, 1998. programs for fiscal year 1998 for the purposes Act. ‘‘(2) SPECIAL RULE.—Funds apportioned of the matter under the heading ‘‘(LIMITATION (2) AUTHORIZATION OF CONTRACT AUTHOR- under subsection (a) shall be subject to any ON OBLIGATIONS)’’ under the heading ‘‘FED- ITY.— limitation on obligations for Federal-aid ERAL-AID HIGHWAYS’’ in title I of the Depart- (A) IN GENERAL.—In addition to funds made highways and highway safety construction ment of Transportation and Related Agen- available under paragraph (1), there shall be programs. cies Appropriations Act, 1998 (Public Law available from the Highway Trust Fund ‘‘(e) AUTHORIZATION OF CONTRACT AUTHOR- 105–66). (other than the Mass Transit Account) for ITY.— SEC. 3. TRANSFERS OF UNOBLIGATED APPOR- administrative and research expenses of the ‘‘(1) AUTHORIZATION.—Notwithstanding sec- TIONMENTS. Federal-aid highway program $158,500,000 for tion 157(e) of title 23, United States Code, (a) IN GENERAL.—In addition to any other fiscal year 1998. there shall be available from the Highway authority of a State to transfer funds, for (B) CONTRACT AUTHORITY.—Funds author- Trust Fund (other than the Mass Transit Ac- fiscal year 1998, a State may transfer any ized under this paragraph shall be available count) to carry out section 157 of title 23, funds apportioned to the State for any pro- for obligation in the same manner as if the United States Code, not to exceed $15,460,000 gram under section 104 (including amounts for the period of January 26, 1998, through funds were apportioned under chapter 1 of apportioned under section 104(b)(3) or set January 31, 1998. title 23, United States Code, and shall be sub- aside or suballocated under section 133(d)), ‘‘(2) ALLOCATION.—The Secretary shall al- ject to any limitation on obligations for Fed- 144, or 402 of title 23, United States Code, be- locate the amounts authorized under para- eral-aid highways and highway safety con- fore, on, or after the date of enactment of graph (1) to each State in the ratio that— struction programs. this Act, granted to the State for any pro- ‘‘(A) the amount allocated to the State for (3) USE OF CERTAIN ADMINISTRATIVE gram under section 410 of that title before, fiscal year 1997 under section 157 of that FUNDS.—Section 104(i)(1) of title 23, United on, or after such date of enactment, or allo- title; bears to States Code, is amended by inserting ‘‘, and cated to the State for any program under ‘‘(B) the amounts allocated to all States for the period of October 1, 1997, through chapter 311 of title 49, United States Code, for fiscal year 1997 under section 157 of that March 31, 1998,’’ after ‘‘1997’’. before, on, or after such date of enactment, title. (b) BUREAU OF TRANSPORTATION STATIS- ‘‘(f) CONTRACT AUTHORITY.—Funds author- that are subject to any limitation on obliga- TICS.—Section 6006 of the Intermodal Surface ized under subsections (d) and (e) shall be tions, and that are not obligated, to any available for obligation in the same manner other of those programs. Transportation Efficiency Act of 1991 (105 as if the funds were apportioned under chap- (b) TREATMENT OF TRANSFERRED FUNDS.— Stat. 2172) is amended— ter 1 of title 23, United States Code.’’. Any funds transferred to another program (1) by inserting ‘‘(a) IN GENERAL.—’’ before (e) LIMITATION ON OBLIGATIONS.— under subsection (a) shall be subject to the ‘‘Chapter I’’; and (1) IN GENERAL.—Subject to paragraph (2), provisions of the program to which the funds (2) in the first sentence of subsection (b)— after the date of enactment of this Act, the are transferred, except that funds trans- (A) by striking ‘‘1996, and’’ and inserting Secretary shall allocate to each State an ferred to a program under section 133 (other ‘‘1996,’’; and amount of obligation authority made avail- than subsections (d)(1) and (d)(2)) of title 23, (B) by inserting before the period at the able under the Department of Transpor- United States Code, shall not be subject to end the following: ‘‘, and $12,500,000 for the tation and Related Agencies Appropriations section 133(d) of that title. period of October 1, 1997, through March 31, Act, 1998 (Public Law 105–66) that is— (c) RESTORATION OF APPORTIONMENTS.— 1998’’. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10635 SEC. 5. OTHER FEDERAL-AID HIGHWAY PRO- the Mass Transit Account) to carry out the (1) by striking ‘‘1996, and’’ and inserting GRAMS. Dwight David Eisenhower Transportation ‘‘1996,’’; and (a) FEDERAL LANDS HIGHWAYS.—Section Fellowship Program under section (2) by inserting before the period at the end 1003(a)(6) of the Intermodal Surface Trans- 307(a)(1)(C)(ii) of title 23, United States Code, the following: ‘‘, and $83,000,000 for the period portation Efficiency Act of 1991 (105 Stat. $1,000,000 for the period of October 1, 1997, of October 1, 1997, through March 31, 1998’’; 1919) is amended— through March 31, 1998. and (1) in subparagraph (A)— (B) CONTRACT AUTHORITY.—Funds author- (b) ALCOHOL-IMPAIRED DRIVING COUNTER- (A) by striking ‘‘1992 and’’ and inserting ized under this paragraph shall be available MEASURES.—Section 410 of title 23, United ‘‘1992,’’; and for obligation in the same manner as if the States Code, is amended— (B) by inserting before the period at the funds were apportioned under chapter 1 of (1) in subsection (c)— end the following: ‘‘, and $95,500,000 for the title 23, United States Code, and shall be sub- (A) by striking ‘‘5’’ and inserting ‘‘6’’; and period of October 1, 1997, through March 31, ject to any limitation on obligations for Fed- (B) in paragraph (3), by striking ‘‘and 1998’’; eral-aid highways and highway safety con- fifth’’ and inserting ‘‘fifth, and sixth’’; (2) in subparagraph (B)— struction programs. (2) in subsection (d)(2)(B), by striking (A) by striking ‘‘1995, and’’ and inserting (3) NATIONAL HIGHWAY INSTITUTE.—Section ‘‘two’’ and inserting ‘‘3’’; and ‘‘1995,’’; and 321(f) of title 23, United States Code, is (3) in the first sentence of subsection (j)— (B) by inserting before the period at the amended by adding at the end the following: (A) by striking ‘‘1997, and’’ and inserting end the following: ‘‘and $86,000,000 for the pe- ‘‘There shall be available from the Highway ‘‘1997,’’; and riod of October 1, 1997, through March 31, Trust Fund (other than the Mass Transit Ac- (B) by inserting before the period at the 1998’’; and count) to carry out this section $2,500,000 for end the following ‘‘, and $12,500,000 for the pe- (3) in subparagraph (C)— the period of October 1, 1997, through March riod of October 1, 1997, through March 31, (A) by striking ‘‘1995, and’’ and inserting 31, 1998, and such funds shall be subject to 1998’’. ‘‘1995,’’; and any limitation on obligations for Federal-aid (c) NATIONAL DRIVER REGISTER.—Section (B) by inserting before the period at the highways and highway safety construction 30308(a) of title 49, United States Code, is end the following: ‘‘, and $42,000,000 for the programs.’’. amended— period of October 1, 1997, through March 31, (4) EDUCATION AND TRAINING PROGRAM.— (1) by striking ‘‘1994, and’’ and inserting 1998’’. Section 326(c) of title 23, United States Code, ‘‘1994,’’; and (b) NATIONAL RECREATIONAL TRAILS PRO- is amended by adding at the end the follow- (2) by inserting after ‘‘1997,’’ the following: GRAM.—Section 1003 of the Intermodal Sur- ing: ‘‘There shall be available from the High- ‘‘and $1,855,000 for the period of October 1, face Transportation Efficiency Act of 1991 way Trust Fund (other than the Mass Tran- 1997, through March 31, 1998,’’. (105 Stat. 1918) (as amended by section 2(d)) sit Account) to carry out this section is amended by adding at the end the follow- SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY $3,000,000 for the period of October 1, 1997, PROGRAM. ing: through March 31, 1998, and such funds shall Section 31104(a) of title 49, United States ‘‘(e) NATIONAL RECREATIONAL TRAILS PRO- be subject to any limitation on obligations Code, is amended— GRAM.—Section 104(h) of title 23, United for Federal-aid highways and highway safety States Code, is amended by inserting ‘and (1) in paragraphs (1) through (5), by strik- construction programs.’’. $7,500,000 for the period of October 1, 1997, ing ‘‘not more’’ each place it appears and in- (f) METROPOLITAN PLANNING.— through March 31, 1998’ after ‘1997’.’’. serting ‘‘Not more’’; and (1) AUTHORIZATION OF CONTRACT AUTHOR- (c) CERTAIN ALLOCATED PROGRAMS.— (2) by adding at the end the following: ITY.— (1) HIGHWAY USE TAX EVASION.—Section ‘‘(6) Not more than $45,000,000 for the pe- 1040(f)(1) of the Intermodal Surface Trans- (A) IN GENERAL.—There shall be available riod of October 1, 1997, through March 31, portation Efficiency Act of 1991 (23 U.S.C. 101 from the Highway Trust Fund (other than 1998.’’. note; 105 Stat. 1992) is amended in the first the Mass Transit Account) to carry out sec- SEC. 8. EXTENSION OF FEDERAL TRANSIT PRO- sentence by inserting before the period at tion 134 of title 23, United States Code, GRAMS. the end the following: ‘‘and $2,500,000 for the $78,500,000 for the period of October 1, 1997, Title III of the Intermodal Surface Trans- period of October 1, 1997, through March 31, through March 31, 1998. portation Efficiency Act of 1991 (105 Stat. 1998’’. (B) CONTRACT AUTHORITY.—Funds author- 2087–2140) is amended by adding at the end ized under this paragraph shall be available (2) SCENIC BYWAYS PROGRAM.—Section the following: for obligation in the same manner as if the 1047(d) of the Intermodal Surface Transpor- ‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT funds were apportioned under chapter 1 of tation Efficiency Act of 1991 (23 U.S.C. 101 PROGRAMS FOR THE PERIOD OF OC- note; 105 Stat. 1998) is amended in the first title 23, United States Code, and shall be sub- TOBER 1, 1997, THROUGH MARCH 31, sentence— ject to any limitation on obligations for Fed- 1998. (A) by striking ‘‘1994, and’’ and inserting eral-aid highways and highway safety con- ‘‘(a) ALLOCATING AMOUNTS.—Section ‘‘1994,’’; and struction programs. 5309(m)(1) of title 49, United States Code, is (B) by inserting before the period at the (2) DISTRIBUTION OF FUNDS.—The Secretary amended by inserting ‘, and for the period of end the following: ‘‘, and $7,000,000 for the pe- shall distribute funds authorized under para- October 1, 1997, through March 31, 1998’ after riod of October 1, 1997, through March 31, graph (1) to the States in accordance with ‘1997’. 1998’’. section 104(f)(2) of title 23, United States ‘‘(b) APPORTIONMENT OF APPROPRIATIONS (d) INTELLIGENT TRANSPORTATION SYS- Code. FOR FIXED GUIDEWAY MODERNIZATION.—Sec- TEMS.—Section 6058(b) of the Intermodal (g) TERRITORIES.—Section 1003 of the Inter- tion 5337 of title 49, United States Code, is Surface Transportation Efficiency Act of modal Surface Transportation Efficiency Act amended— 1991 (105 Stat. 2194) is amended— of 1991 (105 Stat. 1918) (as amended by sub- ‘‘(1) in subsection (a), by inserting ‘and for (1) by striking ‘‘1992 and’’ and inserting section (b)) is amended by adding at the end the period of October 1, 1997, through March ‘‘1992,’’; and the following: 31, 1998,’ after ‘1997,’; and (2) by inserting before the period at the end ‘‘(f) TERRITORIES.— ‘‘(2) by adding at the end the following: the following: ‘‘, and $47,000,000 for the period ‘‘(1) IN GENERAL.—In lieu of the amounts ‘‘ ‘(e) SPECIAL RULE FOR OCTOBER 1, 1997, of October 1, 1997, through March 31, 1998’’. deducted under section 104(b)(1) of title 23, THROUGH MARCH 31, 1998.—The Secretary (e) SURFACE TRANSPORTATION RESEARCH.— United States Code, there shall be available shall determine the amount that each urban- (1) OPERATION LIFESAVER.— from the Highway Trust Fund (other than ized area is to be apportioned for fixed guide- (A) IN GENERAL.—There shall be available the Mass Transit Account) for the Virgin Is- way modernization under this section on a from the Highway Trust Fund (other than lands, Guam, American Samoa, and the Com- pro rata basis to reflect the partial fiscal the Mass Transit Account) to carry out the monwealth of the Northern Mariana Islands year 1998 funding made available by section operation lifesaver program under section $15,000,000 for the period of January 26, 1998, 5338(b)(1)(F).’. 104(d)(1) of title 23, United States Code, through January 31, 1998. ‘‘(c) AUTHORIZATIONS.—Section 5338 of title $150,000 for the period of October 1, 1997, ‘‘(2) CONTRACT AUTHORITY.—Funds author- 49, United States Code, is amended— through March 31, 1998. ized under this subsection shall be available ‘‘(1) in subsection (a)— (B) CONTRACT AUTHORITY.—Funds author- for obligation in the same manner as if the ‘‘(A) in paragraph (1), by adding at the end ized under this paragraph shall be available funds were apportioned under chapter 1 of the following: for obligation in the same manner as if the title 23, United States Code, and shall be sub- ‘‘ ‘(F) $1,328,400,000 for the period of October funds were apportioned under chapter 1 of ject to any limitation on obligations for Fed- 1, 1997, through March 31, 1998.’; and title 23, United States Code, and shall be sub- eral-aid highways and highway safety con- ‘‘(B) in paragraph (2), by adding at the end ject to any limitation on obligations for Fed- struction programs.’’. the following: eral-aid highways and highway safety con- SEC. 6. EXTENSION OF HIGHWAY SAFETY PRO- ‘‘ ‘(F) $369,000,000 for the period of October struction programs. GRAMS. 1, 1997, through March 31, 1998.’; (2) DWIGHT DAVID EISENHOWER TRANSPOR- (a) NHTSA HIGHWAY SAFETY PROGRAMS.— ‘‘(2) in subsection (b)(1), by adding at the TATION FELLOWSHIP PROGRAM.— Section 2005(1) of the Intermodal Surface end the following: (A) IN GENERAL.—There shall be available Transportation Efficiency Act of 1991 (105 ‘‘ ‘(F) $1,131,600,000 for the period of October from the Highway Trust Fund (other than Stat. 2079) is amended— 1, 1997, through March 31, 1998.’; H10636 CONGRESSIONAL RECORD — HOUSE November 12, 1997 ‘‘(3) in subsection (c), by inserting ‘and not (Mr. SHUSTER asked and was given The bill ensures that a formula change ef- more than $1,500,000 for the period of October permission to revise and extend his re- fective for 1998 can be implemented for new 1, 1997, through March 31, 1998,’ after ‘1997,’; marks.) budget authority for all States and for obliga- ‘‘(4) in subsection (e), by inserting ‘and not Mr. SHUSTER. Mr. Speaker, I yield more than $3,000,000 is available from the tion authority for virtually all States. myself such time as I may consume. Sufficient funding is provided for nearly a full Fund (except the Account) for the Secretary Mr. Speaker, I am very pleased to re- for the period of October 1, 1997, through year of Federal Highway Administration oper- March 31, 1998,’ after ‘1997,’; port to the House that we have con- ations, and allocated programs continued in ‘‘(5) in subsection (h)(3), by inserting ‘and cluded our negotiations with the Sen- both the House and Senate reauthorization $3,000,000 is available for section 5317 for the ate and indeed, essentially the 6-month bills are funded at 50 percent of their 1997 period of October 1, 1997, through March 31, extension of ISTEA, which passed this levels. 1998’ after ‘1997’; House unanimously, as a fundamental For the transit program, S. 1519 includes ‘‘(6) in subsection (j)(5)— basis upon which we now come back to provisions as in the House bill providing fund- ‘‘(A) in subparagraph (B), by striking ‘and’ the House with this Senate bill, this at the end; ing at 50 percent of fiscal year 1997 levels. compromise bill, which is a 6-month Formula grant programs are funded at $1.3 ‘‘(B) in subparagraph (C), by striking the extension of ISTEA, provides for ap- period at the end and inserting ‘; and’; and billion and discretionary grants are funded at ‘‘(C) by adding at the end the following: proximately $10 billion in funding that $1.1 billion. ‘‘ ‘(D) the lesser of $1,500,000 or an amount is available from the old ISTEA, plus Safety programs and motor carrier safety that the Secretary determines is necessary is $5.5 billion in new funds to be distrib- programs are also funded as in the House available to carry out section 5318 for the pe- uted in such a fashion that each State billÐwith $83 million for the section 402 safety riod of October 1, 1997, through March 31, will get approximately 50 percent of its program, $12 million for the Section 410 1998.’; 1997 obligational ceiling, which means Drunk Driving Program, and $45 million for ‘‘(7) in subsection (k), by striking ‘or (e)’ that we do not deal with the formula motor carrier safety being provided. and inserting ‘(e), or (m)’; and issue. That could well be a nuclear war ‘‘(8) by adding at the end the following: I want to recognize the contributions of ‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OF OC- that will take place next spring, but many groups who have worked diligently to- TOBER 1, 1997, THROUGH MARCH 31, 1998.—Not that is fine. That is when it should ward passing this short term extension. more than the following amounts may be ap- take place. I particularly want to recognize the Gov- propriated to the Secretary from the Fund This bill is simply a short-term ex- ernorsÐacting both individually and under the (except the Account) for the period of Octo- tension which follows the strong view auspices of the National Governors' Associa- ber 1, 1997, through March 31, 1998: of the House, which is the long-term tionÐwho have played a critical role in our ef- ‘‘ ‘(1) $125,000 to carry out section 5316(a). battle for the future funding of trans- ‘‘ ‘(2) $1,500,000 to carry out section 5316(b). forts to see a meaningful ISTEA extension. portation infrastructure in America is The Governors have also been prominent ‘‘ ‘(3) $500,000 to carry out section 5316(c). a battle that should be fought within ‘‘ ‘(4) $500,000 to carry out section 5316(d). advocates for long-term increases in Federal ‘‘ ‘(5) $500,000 to carry out section the context of the budget resolution investment in surface transportation programs. 5316(e).’.’’. next spring. So on a bipartisan basis, NGA passed a resolution this summer calling SEC. 9. EXTENSION OF TRUST FUNDS FUNDED BY we bring this before the body under on Congress to enact legislation that perma- HIGHWAY-RELATED TAXES. suspension of the rules and urge its nently provides that all dedicated transpor- (a) HIGHWAY TRUST FUND.—Section 9503 of passage. tation user fees and and interest be distributed the Internal Revenue Code of 1986 (relating S. 1519 represents a compromise between automatically and annually without restriction. to Highway Trust Fund) is amended— the House and the Senate which is the result The Governors also organized a coalition (1) in subsection (c)— of difficult negotiations between the two bodies (A) in paragraph (1)— called TRUST, ``Transportation Revenues over the past several days. Many hard deci- (i) by striking ‘‘1997’’ and inserting ‘‘1998’’; Used Solely for Transportation,'' made up of sions had to be made in order to ensure that and State and local government officials, business State programs will continue to operate until (ii) by striking the last sentence and in- groups and labor organizations, to push for in- we can resolve outstanding funding and policy serting the following new flush sentence: ‘‘In creased Federal investment in transportation. determining the authorizations under the issues after the budget debate next year. Acts referred to in the preceding subpara- The bill provides $5.5 billion in new budget The fact that NGA and the National Con- graphs, such Acts shall be applied as in effect authority as advances to States, equivalent to ference of State Legislatures, the U.S. Con- on the date of the enactment of this sen- 3 months of funding. Funds are distributed in ference of Mayors, and the National League of tence.’’; a manner similar to the House bill, based on Cities continue to be so vocal on the subject (B) in paragraph (4)(A), by striking ‘‘1997’’ the fiscal year 1997 distribution of obligational of transportation dollars is a testament to the and inserting ‘‘1998’’; importance of surface transportation to com- (C) in paragraph (5)(A), by striking ‘‘1997’’ authority. All advances of new budget authority will be munities across America as well as the re- and inserting ‘‘1998’’; and sponsibility State and local officials feel to (D) in paragraph (6)(E), by striking ‘‘1997’’ subtracted from each State's ultimate distribu- and inserting ‘‘1998’’; and tion of funding for fiscal year 1998 in the meet infrastructure needs. (2) in subsection (e)(3)— ISTEA reauthorization. I expect that these organizations will con- (A) by striking ‘‘1997’’ and inserting ‘‘1998’’, S. 1519 distributes $9.8 billion in obligation tinue to be politically energized on this subject and authority to the States. Each State receives as we revisit the program funding levels in the (B) by striking all that follows ‘‘the enact- the higher of 50 percent of its fiscal year 1997 1998 budget resolution. ment of’’ and inserting ‘‘the last sentence of allotment of obligation authority or the total of Finally, I want to commend my colleagues subsection (c)(1).’’ its unobligated balancesÐbut only in an on the Transportation and Infrastructure Com- (b) AQUATIC RESOURCES TRUST FUND.—Sec- mitteeÐranking Democrat JIM OBERSTAR, TOM tion 9504(c) of the Internal Revenue Code of amount up to 75 percent of its 1997 obligation 1986 (relating to expenditures from Boat authority. PETRI, chairman of the Surface Transportation Safety Account) is amended by striking This distribution was a concession on the Subcommittee, and NICK RAHALL who is the ‘‘April 1, 1998’’ and inserting ‘‘October 1, part of the House, but I would note that it is, ranking Democrat on the subcommittee. 1998’’. in fact, the distribution that would have been The Transportation Committee has had a (c) NATIONAL RECREATIONAL TRAILS TRUST made by the Federal Highway Administration if full year seeking to secure adequate transpor- FUND.—Section 9511(c) of the Internal Reve- no short-term extension were enacted. tation resources, developing BESTEAÐthe nue Code of 1986 (relating to expenditures Building Efficient Surface Transportation and from Trust Fund) is amended by striking The bill imposes a hard deadline on obliga- ‘‘1997’’ and inserting ‘‘1998’’. tions of May 1, 1998. States may obligate Equity ActÐand now passing this short term (d) EFFECTIVE DATE.—The amendments Federal funds after that date only when a extension. And we have our work cut out for made by this section shall take effect on Oc- multi-year reauthorization of surface transpor- us next year as we attempt to finalize a multi- tober 1, 1997. tation programs has been enacted. year reauthorization that provides the nec- The SPEAKER pro tempore. Pursu- Because States will have to rely in part on essary resources to meet our transportation ant to the rule, the gentleman from unobligated balances, States are given flexibil- needs. Pennsylvania [Mr. SHUSTER] and the ity to transfer both unobligated funds and new Our Senate counterparts, Senator JOHN gentleman from Minnesota [Mr. OBER- funds from any program category to another CHAFEE, Senator JOHN WARNER, and Senator STAR] each will control 20 minutes. program category. However, those funds are MAX BAUCUS also deserve to be commended The Chair recognizes the gentleman required to be paid back once a multi-year re- for their efforts during these last days of the from Pennsylvania [Mr. SHUSTER]. authorization is enacted. session to provide the tools necessary for the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10637 States to advance critical transportation dantly clear that this is only an in- This legislation should be viewed as an in- projects until Congress completes work on a terim measure. In no way should any- terim measure made necessary because Con- long-term ISTEA reauthorization. one consider that this prejudges the ul- gress did not enact a long-term highway bill I urge the House to approve S. 1519. timate multiyear reauthorization of this session. Mr. Speaker, I reserve the balance of surface transportation programs which The reasons for incomplete action on the my time. we will take up in due course next long-term bill are varied. Mr. OBERSTAR. Mr. Speaker, I yield year. The distribution of funding and For our part, the simple fact of the matter is myself such time as I may consume. the obligational authority in this bill that the bipartisan leadership of the House The gentleman from Pennsylvania cannot be construed in any way to con- Committee on Transportation and Infrastruc- [Mr. SHUSTER] and I are of one mind stitute a statement by Congress about ture intends to keep faith with the American and of one accord on this legislation, as the funding formulas that we will con- motorist and with our responsibilities to ad- are the chairman of the subcommittee, sider next year, or that in any way it dress a crumbling transportation infrastructure the gentleman from Wisconsin [Mr. would constitute a precedent for next in this country. PETRI], and the ranking Democrat on year’s reauthorization. We do not believe that motor fuel taxes paid our side, the gentleman from West Vir- The bill fully preserves our ability to by the American people, which are deposited ginia [Mr. RAHALL], whom I commend adjust the distribution of remaining in the Highway Trust Fund for the express for their unflagging commitment to fiscal year 1998 funds, ensuring that purpose of making transportation improve- ensuring that our Nation’s surface States will receive their full and their ments, should then sit idle in that Trust Fund transportation programs continue with equitable shares. It should not be con- and be held hostage to the whims of the the least possible disruption. strued in any way to indicate which ex- budgeteers. In a spirit of compromise, I think we isting programs will or will not con- Earlier this year, a grave injustice was done have shown remarkable creativity and tinue, nor at what funding levels they to transportation when the Administration and flexibility in working with our col- will continue. This is simply a short- the Republican leadership of the Congress leagues across the way in the other term measure to tide these programs agreed upon a 5-year budget plan. body in crafting an interim measure and projects over while we continue to Simply put, highway spending was not suffi- that will ensure that the States’ criti- develop the fully funded multiyear bill. ciently provided for placing us in a situation cal surface transportation projects, I just want to remind our colleagues, where the surplus in the Highway Trust Fund highway, motor carrier safety, transit this is not the time to launch into a will continue to grow while highway construc- capital needs, transportation research full-scale reauthorization of the sur- tion needs remain unmet. programs, can continue unabated until face transportation programs. We have We on the Transportation and Infrastructure we deal with the permanent law next crafted a bill on which we are in agree- Committee feel compelled to fashion a long- spring. We have had a very good discus- ment and which we will bring forward term reauthorization of the existing highway sion with Senators CHAFEE, BAUCUS, at the appropriate time next year. We law, ISTEA, that provides highway spending WARNER, and BOND, and I commend do good work in our committee. This is levels which more closely track receipts into them for their cooperation in working an interim step toward completing the Highway Trust Fund. with us in a constructive fashion to that good work. Because this was not possible this year, we I want to extend my congratulations come up with a product that has been are moving forward with a short-term bill so to our chairman, the gentleman from the result of extensive and even dif- that we may seek more justice in highway Pennsylvania [Mr. SHUSTER], for his ficult negotiations. spending next year when the Congress will leadership in moving this legislation The key is that we produced a com- once again consider a budget resolution. along, and had this body been of good promise that recognizes that adjourn- With that, I urge the adoption of the pending mind and good spirit 48 hours ago, this ing for the year without a stopgap measure. would have been done. However, we do measure would be an abdication of our Mr. PETRI. Mr. Speaker, I am pleased that responsibility to the Nation. I just all good things in due course. Again, I congratulate our chairman the House is considering this important piece want to emphasize for all of our col- and thank him for his splendid co- of legislation before it adjourns for the year. leagues and all of those who may be lis- operation. This bill will ensure that key surface trans- tening that this body acted respon- Mr. SHUSTER. Mr. Speaker, I cer- portation programs, including the highway, sibly. tainly want to thank my good friend transit, and highway safety programs, continue This committee, under the leadership from Minnesota [Mr. OBERSTAR] for the to receive funding while a multi-year reauthor- of our chairman, the gentleman from leadership he has provided to make ization is being crafted by the Congress. Pennsylvania [Mr. SHUSTER] moved this a bipartisan legislation. At one point in time this fall, it appeared that legislation in proper time to deal with Mr. RAHALL. Mr. Speaker, I rise as the there was a good chance that the other body the Nation’s transportation needs. We ranking Democrat on the bipartisan Sub- would not even consider an extension. moved the 6-month extension bill well committee on Surface Transportation, which is Fortunately, upon further reflection, they ahead of the other body. We were will- ably chaired by the distinguished gentleman reached the same conclusion that we had ing to work with them to draft what we from Wisconsin TOM PETRI. reachedÐthat it just isn't good transportation thought was an answer, in a neutral In conjunction with our full committee chair- policy to allow these programs to wither on the fashion, for the need to move ahead man BUD SHUSTER and ranking member JIM vine or to allow the Federal Highway Adminis- with the Nation’s transportation fund- OBERSTAR, we are now in the position to con- tration to shut down due to lack of funds. ing, but on an interim basis until we sider the pending measure. I want to comment briefly on the formula for come back next spring to deal with the This bill provides the States with some abil- distributing highway funds. 6-year bill. ity to continue to obligate federal highway This bill distributes $9.7 billion in obligation Clearly, this is a compromise. It in- funds until Congress reauthorizes the federal limitation to the States based primarily on the cludes the important elements that we aid to highway program which expired on Sep- level of unobligated balances each state had need to ensure that critical construc- tember 30th. at the beginning of the year. This is the dis- tion, capital acquisition and safety Since that time, no new contract authority tribution method insisted upon by the Senate. programs continue. The bill allows associated with federal highway dollars has This method is generally less favorable to States unlimited flexibility to use been available to the States. the ``Donor'' states than the method included their unobligated balances according Under this legislation, which represents a in BESTEAÐthe bill considered by my sub- to their most pressing needs. I want to compromise with the Senate, $5.5 billion in committee in SeptemberÐand the short term emphasize that this flexibility is only new contract authority would be provided to extension passed by the House on October 1. temporary, that any transferred funds, the States. In fact, 21 ``Donor'' States receive a lower any funds moved out of one category This amount, coupled with the unobligated percentage than they did under the House into another, will be repaid in full to balances associated with prior year contract passed bill. Many of these States receive a their original categories. authority currently in existence, provides the trust fund return on their obligation authority I also want to emphasize that this States with $9.8 billion in federal highway fund that is below 80 percent. The House accepted bill is only half of what we provided in obligational authority subject to a May 1, 1988, this method of distributing the obligation limita- the House bill. I want to make it abun- expiration. tion in return for several concessions on the H10638 CONGRESSIONAL RECORD — HOUSE November 12, 1997 part of the Senate that we considered impor- (consisting of 15.949 acres) conveyed to Fed- (b) SPECIAL RULE FOR INCLUSION OF PROP- tant in helping us proceed with the longer term eral Reserve Bank of Richmond by deed from ERTY WITHIN LIBRARY BUILDINGS AND bill next yearÐincluding preserving the budget Russell H. Inskeep and Jean H. Inskeep, his GROUNDS.—The amendment made by section wife, dated October 1, 1964, and recorded Oc- 2 shall take effect upon the acquisition by baseline and providing additional contract au- tober 7, 1964, in the Clerk’s Office, Circuit the Architect of the Capitol of the property thority to the States so that they would not be Court of Culpeper County, Virginia, in Deed described in section 1. dependent exclusively on balances of unobli- Book 177, page 431, and real estate (consist- The SPEAKER pro tempore. Pursu- gated funds. ing of 20.498 acres and consisting of 4.502 ant to the rule, the gentleman from I hope this serves as a forewarning to the acres) conveyed to Federal Reserve Bank of California [Mr. THOMAS] and the gen- ``Donor'' States that they need to be vigilant as Richmond by deed from Russell H. Inskeep tlewoman from Michigan [Ms. KIL- we continue to develop a final formula for a and Jean H. Inskeep, his wife, dated Novem- PATRICK] each will control 20 minutes. multi-year bill. ber 11, 1974, and recorded November 12, 1974, in the Clerk’s Office, Circuit Court of The Chair recognizes the gentleman Chairman SHUSTER and I remain committed Culpeper County, Virginia, in Deed Book 247, from California [Mr. THOMAS]. to modernizing the ISTEA formulas. Current page 246. Mr. THOMAS. Mr. Speaker, I yield formulas clearly are indefensible and have the (2) Improvements to such real property. myself such time as I may consume. perverse effect of reducing overall support for (b) USES.—Effective on the date on which Mr. Speaker, H.R. 2979 is an attempt a strong Federal highway program. I urge the the Architect of the Capitol acquires the at the end of this Congress, in working House to approve S. 1519. property under subsection (a) such property shall be available to the Librarian of Con- with the Senate, and the Senate has a Mr. SHUSTER. Mr. Speaker, I have bill they are attempting to move on no further requests for time, and if the gress for use as a national audiovisual con- servation center. the other side which would authorize gentleman is prepared to yield back his SEC. 2 LIBRARY BUILDINGS AND GROUNDS. the Architect of the Capitol to acquire time, I will do the same. Section 11 of the Act entitled ‘‘An Act re- on behalf of the United States Govern- Mr. OBERSTAR. Mr. Speaker, I have lating the policing of the buildings of the Li- ment a gift of property located in no further requests for time, and I brary of Congress’’ approved August 4, 1950 (2 Culpeper, Virginia. yield back the balance of my time. U.S.C. 167(j)), is amended by adding at the This property is unique in terms of Mr. SHUSTER. Mr. Speaker, I yield end the following new subsection: the uses that the Librarian will make back the balance of my time. ‘‘(d) For the purposes of this Act, the term of it. As my colleagues may know, in The SPEAKER pro tempore. The ‘Library of Congress buildings and grounds’ shall include the following property: the early 20th century, the then new question is on the motion offered by ‘‘(1) Three parcels totaling approximately technology captured the American ex- the gentleman from Pennsylvania [Mr. 41 acres, more or less, located in Culpeper perience on film and in various forms SHUSTER] that the House suspend the County, Virginia, and identified as Culpeper of audio retention. rules and pass the Senate bill, S. 1519. County Tax Parcel Numbers 51–80B, 51–80C, b The question was taken; and (two- and 51–80D, further described as real estate 2015 thirds having voted in favor thereof) (consisting of 15.949 acres) conveyed to Fed- Unfortunately, in the late 19th and the rules were suspended and the Sen- eral Reserve Bank of Richmond by deed from early 20th century, the technology pro- ate bill was passed. Russell H. Inskeep and Jean H. Inskeep, his duced a product which, over time, can wife, dated October 1, 1964, and recorded Oc- A motion to reconsider was laid on become highly volatile. Many of these tober 7, 1964, the the Clerk’s Office, Circuit early film archives are currently pre- the table. Court of Culpeper County, Virginia, in Deed f Book 177, page 431; and real estate (consist- served on military bases, much as you ing of 20.498 acres and consisting of 4.502 would munitions. GENERAL LEAVE acres) conveyed to Federal Reserve Bank of Our goal was to seek a facility which Mr. SHUSTER. Mr. Speaker, I ask Richmond by deed from Russell H. Inskeep would allow the Librarian not only to unanimous consent that all Members and Jean H. Inskeep, his wife, dated Novem- preserve these artifacts but, in the may have 5 legislative days within ber 11, 1974, and recorded November 12, 1974, process of preserving them, make them which to revise and extend their re- in the Clerk’s Office, Circuit Court of available for those who might wish to Culpeper County, Virginia, in Deed Book 247, utilize the Library’s resources, as they marks and include extraneous material page 246. on S. 1519, the Senate bill just consid- ‘‘(2) Improvements to such real property.’’. do with books and other artifacts that ered and passed. SEC. 3. ACCEPTANCE OF TRANSFERRED GIFT OR the Library of Congress now holds. The SPEAKER pro tempore. Is there TRUST FUNDS. Since, for example, the acetate film objection to the request of the gen- Gifts or trust funds given to the Library or is located on military bases, pretty ob- tleman from Pennsylvania? the Library of Congress Trust Fund Board viously we cannot just use any build- There was no objection. for the structural and mechanical work and ing. We are very, very fortunate in hav- refurbishment of Library buildings and f ing in Culpeper, Virginia, a facility grounds specified in section 1 shall be trans- which has been made available which, AUTHORIZING ACQUISITION OF ferred to the Architect of the Capitol to be with relatively minor changes beyond spent in accordance with the provisions of CERTAIN REAL PROPERTY FOR the already wonderful facility that it LIBRARY OF CONGRESS the first section of the Act of June 29, 1922 (2 U.S.C. 141). is, will allow us to accomplish this Mr. THOMAS. Mr. Speaker, I move to SEC. 4. FUND FOR TRANSFERRED FUNDS long-desired goal of the Librarian. suspend the rules and pass the bill There is established in the Treasury of the In addition to that, the funds for this (H.R. 2979) to authorize acquisition of United States a fund consisting of those gift facility are a gift. We have some bene- certain real property for the Library of or trust funds transferred to the Architect of factors who are willing to provide the Congress, and for other purposes, as the Capitol under section 3. Upon prior ap- funds that will not only allow us to amended. proval of the Committee on House Oversight purchase the Culpeper facility, but of the House of Representatives and Commit- funds that will allow us to begin to do The Clerk read as follows: tee on Rules and Administration of the Sen- H.R. 2979 ate, amounts in the fund shall be available the kinds of things that we need to do Be it enacted by the Senate and House of Rep- to the Architect of the Capitol, subject to to it to make it an even more enhanced resentatives of the United States of America in appropriation, to remain available until ex- repository. Congress assembled, pended, for the structural and mechanical So what this bill does is allow us to SECTION 1. ACQUISITION OF FACILITY IN work and refurbishment of Library buildings acquire the property. It provides for CULPEPER, VIRGINIA. and grounds. Such funds shall be available the transfer of gifts to the Library (a) ACQUISITION.—The Architect of the Cap- for expenditure in fiscal year 1998, subject to trust fund controlled by the authoriz- itol may acquire on behalf of the United the prior approval of the Committee on ing committees, the Committee on States Government by transfer of title, with- House Oversight of the House of Representa- House Oversight and the Committee on tives and the Committee on Rules and Ad- out reimbursement or transfer of funds, the Rules in the Senate, for appropriated following property: ministration of the Senate. funds controlled by the appropriations (1) Three parcels totaling approximately 41 SEC. 5. EFFECTIVE DATE. acres, more or less, located in Culpeper (a) IN GENERAL.—Except as provided in committees. County, Virginia, and identified as Culpeper subsection (b), the provisions of this Act We have incorporated in the bill an County Tax Parcel Numbers 51–80B, 51–80C, shall take effect on the date of the enact- amendment that was requested on the and 51–80D, further described as real estate ment of this Act. Senate side by the minority, agreed to November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10639 by the chairman of the Committee on Mr. DEFAZIO. Mr. Speaker, I yield who are contributing more than $10 Rules, the distinguished gentleman myself such time as I may consume. million so that all Americans can have from Virginia, Senator WARNER, and I Mr. Speaker, I am not particularly access to historical artifacts. would ask that all Members support aware of the merits of this bill, but I Frankly, the gentleman does a dis- this marvelous acquisition for the re- would like to go to the procedure be- service to the House and those individ- tention of these films and audio arti- fore us. uals who continue to contribute major facts. The House is being kept here because sums so that the American people can In addition, Mr. Speaker, I will place Republicans are unable to get the Com- enjoy these kinds of artifacts in a pre- in the RECORD a letter from the chair- mittee on Rules to meet and bring for- served fashion, not just at the time man of the Committee on Transpor- ward the appropriations bills. We could they are produced through the 20th tation and Infrastructure clearly indi- bring those bills forward tomorrow in century but for all times. cating that, notwithstanding the juris- the regular order. There is no reason If the gentleman believes this diction of that committee, and we cer- the House, which was kept in session trivializes the House, then I really wish tainly acknowledge the jurisdiction of until midnight or later 3 or 4 nights the gentleman would not claim time if that committee, in the interest of the last weekend while they tried to force he has no understanding whatsoever of time line which we need to make this the votes on fast track, there is no rea- the material in front of him. decision, that the committee would not son to keep the House here again to- Mr. Speaker, I yield such time as he exercise its jurisdiction in this matter night. may consume to the gentleman from but certainly retains its jurisdiction So I would like to suggest, Mr. Virginia [Mr. BLILEY]. over this subject matter. Speaker, that the other side consider Mr. DEFAZIO. Mr. Speaker, I rise to The letter referred to is as follows: where we are going. The gentleman a point of personal privilege. The SPEAKER pro tempore (Mr. CAL- COMMITTEE ON TRANSPORTATION AND from New York [Mr. SOLOMON] is here, INFRASTRUCTURE, CONGRESS OF and perhaps he has some news about VERT). The gentleman will state the THE UNITED STATES, HOUSE OF the appropriations bill. point of personal privilege. REPRESENTATIVES, Mr. SOLOMON. Mr. Speaker, will the Mr. DEFAZIO. Having been demeaned Washington, DC, November 12, 1997. gentleman yield? by the gentleman, Mr. Speaker, I would Hon. WILLIAM M. THOMAS, Mr. DEFAZIO. I yield to the gen- like the opportunity to respond. Chairman, Committee on House Oversight, The SPEAKER pro tempore. Does the Washington, DC. tleman from New York. Mr. SOLOMON. Mr. Speaker, I most gentleman demand that words spoken DEAR BILL: I am writing in reference to in debate be taken down? H.R. 2979, a bill authorizing the acquisition certainly do. Let me say, I may be the Mr. DEFAZIO. Mr. Speaker, would of certain real property for the Library of most optimistic Member of this body, the gentlewoman from Michigan [Ms. Congress, which was initially referred to the but let me say I think we are getting KILPATRICK] yield me 1 minute? Committee on House Oversight. out of here tomorrow afternoon. The As you know, pursuant to clause 1(q)(11) of Ms. KILPATRICK. Mr. Speaker, I reason is that the Committee on Rules yield 1 minute to the gentleman from Rule X of the Rules of the House, the Com- was scheduled to meet about 45 min- mittee on Transportation and Infrastructure Oregon. has jurisdiction over measures relating to utes ago with the minority members, The SPEAKER pro tempore. It is not the construction, reconstruction, mainte- but the gentleman from Massachusetts in order for the gentleman to have nance and care of the buildings and grounds [Mr. MOAKLEY], a very respected and time yielded at this point. of the Library Congress. H.R. 2979 would ex- outstanding Member of this body, Mr. THOMAS. Mr. Speaker, I control pand the Library of Congress’s real property asked for another hour to look at two the time. inventory, and thus expand this Committee’s conference reports, one the D.C. appro- Mr. DEFAZIO. I will wait for 1 jurisdictional responsibilities with regard to priations conference report, the other minute later to respond. any form of building repair or improve- the foreign operations conference re- ments. Mr. THOMAS. Mr. Speaker, I yield It is clear that the Committee on Trans- port. They are completed. We will meet such time as he may consume to the portation and Infrastructure has a jurisdic- at 10 minutes of 9:00. Because the gen- gentleman from Virginia [Mr. BLILEY], tional interest in H.R. 2979. However, as I do tleman wants me to, I will be down in whose district this facility resides, not wish to prevent or prolong consideration here at 9 o’clock with both of them. and whose help was instrumental in ac- of the measure, I will not request a sequen- Mr. DEFAZIO. Reclaiming my time, quiring this property for a very attrac- tial referral of this bill. Nonetheless, this de- Mr. Speaker, if I could ask the gen- tive price, which allows us to stretch cision should not be deemed a waiver of this tleman, he will be out here at 9 o’clock this gift far beyond just the purchase Committee’s jurisdiction over the subject with both the bills. Is that as good a matter contained in the bill, jurisdictional of the property, but to add improve- prerogatives of similar provisions in the fu- promise as the moving target on fast ments to the property as well. ture, or the right to be conferees should the track last week, which was going to be Mr. BLILEY. Mr. Speaker, I thank bill go to conference. on the hour or the half-hour for 5 the gentleman for yielding time to me. I would appreciate your response to this hours? Mr. Speaker, I rise in strong support letter confirming this understanding with re- Mr. SOLOMON. Give or take a few of this legislation, which will allow the spect to H.R. 2979, and ask that a copy of my minutes one way or the other. Library of Congress to accept a gift of letter on this matter be placed in the Con- Mr. DEFAZIO. I thank the gen- the Federal Reserve facility located at gressional Record during consideration of tleman. I accept that rather strong as- Mount Pony in Culpeper County, VA. I the bill on the Floor. surance from the chairman that within I am pleased to support the concept of the also rise today to recognize and thank legislation, and I look forward to working 40 minutes we will be completing the the gentleman from California, Mr. with you on future matters related to the Li- real business before the House, as op- BILL THOMAS and the gentleman from brary of Congress. posed to the legislation before us. New York, Mr. JIM WALSH, for their With warm, personal regards, I remain Mr. Speaker, I yield back the balance hard work on this important legisla- Sincerely, of the time to the gentlewoman from tion. BUD SHUSTER, Michigan [Ms. KILPATRICK]. The Library of Congress has had stat- Chairman. The SPEAKER pro tempore. Without utory responsibility for collecting and Mr. THOMAS. Mr. Speaker, I reserve objection, the gentlewoman from preserving audiovisual materials for the balance of my time. Michigan [Ms. KILPATRICK] is recog- nearly 100 years. The Library presently Mr. DEFAZIO. Mr. Speaker, if I nized to control the time. holds the most comprehensive collec- could, the minority side is not rep- There was no objection. tion in the world in all audiovisual for- resented at the moment, and I would Mr. THOMAS. Mr. Speaker, I yield mats, from nitrate to digitalized mate- ask to claim the time on the minority myself such time as I may consume. rials. The Library presently stores side, since we are not represented. Mr. Speaker, I am sorry the gen- these materials at scattered locations The SPEAKER pro tempore. Without tleman from Oregon characterizes this throughout the United States, includ- objection, the Chair recognizes the gen- as not the real legislation before the ing a facility in Suitland, MD. tleman from Oregon [Mr. DEFAZIO]. House. Quite frankly, it is in the best The General Services Administration There was no objection. tradition. There are private individuals has, however, ordered the Library to H10640 CONGRESSIONAL RECORD — HOUSE November 12, 1997 vacate its 27 nitrate vaults in Suitland ular order with this legislation and, in nation by the David and Lucille Packard Foun- by May 1998 in order that they may be fact, that they felt that they had to dation. The Packard Foundation will also con- torn down. This leaves the Library in a hold the House here late in the evening tribute $4.5 million above the purchase price precarious position. They need a place for legislation which could have been of $5.5 million to equip and maintain the build- to store the film. They want it to be dispatched tomorrow during regular ing. local, and they want to establish a per- business hours. The Librarian of Congress says he needs manent facility for this material so Mr. Speaker, the legislation, as de- this building and its 40 acre site to consolidate that they do not have to constantly scribed by the gentleman from Vir- the extensive film, video tape, and sound re- look for short-term storage solutions. ginia, whom I do hold in high regard, cording materials now stored in five separate Located in Culpeper County, VA, obviously has merit, and we appreciate locations. This facility will become the national which is just a short drive from the the gift. I wish that the Library of Con- center for the storage and processing of these Capitol, is a Federal Reserve facility gress did not have to go begging for collections. The Library will then be able to va- which was created as a high security gifts and that the Republican majority cate outdated facilities at Wright-Patterson Air facility for currency and gold reserve would better fund the Library of Con- Force Base, underground vaults in Boyers, storage. gress, but given the fact that they do PA, three warehouses in the Washington sub- However, the Federal Reserve back in not have adequate funds, these sorts of urbs, and in the main Library itself. Richmond has been attempting to sell gifts are absolutely vital to maintain The Library's intent will be to establish a the property for the past 7 years be- our national heritage. modern audio-visual collections center which cause it no longer needs it. The Rich- To the gentleman from California will contain the necessary climate controls to mond Fed has placed an end-of-the- [Mr. THOMAS], whom I hold in mini- process and store nitrate and acetate film and year deadline on the sale of this facil- mally high regard, I do not appreciate movies, and a variety of multimedia video and ity. If the facility is not sold, they are his words, and I would say that they sound recordings. It will also be possible to going to transfer it to the Bureau of are generally characteristic of his per- connect the Culpeper facility to the main Li- Printing and Engraving. formance on the floor. That is why he brary with fiber optic links to make accessible The Library views the Federal Re- is held in minimal high regard by so the entire national audio-visual collection. serve facility in Culpeper as the most many Members of this body. We have not yet seen the complete scope cost-effective solution to their prob- Mr. THOMAS. Mr. Speaker, I yield of the project nor do we yet have a complete lem. It is large enough to accommodate myself such time as I may consume. cost analysis based on construction design their needs, it is close enough to Wash- The gentleman from Oregon [Mr. and estimates. The Library, however, has pro- ington, and it has the climate controls DEFAZIO] does not understand what is vided estimates prepared by an accounting necessary for storing the material. Es- going on around here, notwithstanding firm that indicates placing the center at sentially, the facility is perfect for the his ability to come to the microphone Culpeper will cost less than the additional in- creation of a single, centralized na- and make pronouncements. vestments that would otherwise be necessary tional audiovisual and digital master We proceeded in regular order to- to update current storage and processing fa- conservation center. In this center the night. This was scheduled sometime cilities or to build new facilities elsewhere. Library will store, preserve, process, ago by the Committee on Rules. If The Library and the Architect of the Capitol and make accessible the entire na- Members from the minority are not will prepare the requisite estimates for the nor- tional audiovisual collection. able to be here, I am sure there are mal appropriations cycle. They will be re- The important thing about this legis- good reasons. I said I would wait. I was viewed by the Committee on Appropriations in lation is that it will enable the Library instructed by the minority to go for- regular order. It is my hope that most of all of to do what it needs to in order to pre- ward, so the gentleman from Oregon is the funds can be derived from additional phil- serve the material, but it will not cost simply misinformed. anthropic support to minimize the need for tax- the American taxpayers any money. As a matter of fact, we tried to do payer funding of this new operation. That is The cost of purchasing the facility has this last Monday night, but in terms of the intent of the Librarian, as I understand it. been donated generously by the David their unwillingness to move needed I support this authorization. The Librarian and Lucille Packard Foundation. legislation, the objections that were has made the case for it and I commend the Moreover, the Packard Foundation heard on his side of the aisle required chairman of the Committee on House Over- will provide funds, as the gentleman us to wait until Wednesday to conclude sight, BILL THOMAS, for bringing this legislation from California [Mr. THOMAS], the this. to the House. chairman of the committee, has said, Notwithstanding his involvement in Ms. KILPATRICK. Mr. Speaker, with will provide funds not only for the pur- this process and his clear statement on that, I have no further requests for chase of the facility, but they are pro- the record that this is not real work, or time, and I yield back the balance of viding millions of dollars for the res- his attempts to make light of Ameri- my time. toration and refurbishment of the facil- cans wishing to assist through their Mr. THOMAS. Mr. Speaker, I have no ity. ability to contribute to the Library of further requests for time, and I yield This is a good bill and it is a nec- Congress and to the Smithsonian, this back the balance of my time. essary bill, because if we do not act be- is important legislation, timely legis- The SPEAKER pro tempore. The fore adjournment, the Richmond Fed- lation, and necessary legislation. question is on the motion offered by eral Reserve Bank will proceed with Mr. Speaker, I reserve the balance of the gentleman from California [Mr. the transfer of the Culpeper facility to my time. THOMAS] that the House suspend the the BPE. The Library will miss a gold- Ms. KILPATRICK. Mr. Speaker, I rules and pass the bill, H.R. 2979, as en opportunity if we do not act now, so yield myself such time as I may amended. I urge all my colleagues to support this consume. I, too, believe that this is The question was taken; and (two- legislation. valuable legislation before us. Any thirds having voted in favor thereof) I thank the gentleman from Califor- time a citizen of America would want the rules were suspended and the bill, nia for all of his work. to donate to the better good of this as amended, was passed. Ms. KILPATRICK. Mr. Speaker, I country, we all would welcome that. A motion to reconsider was laid on yield such time as he may consume to Certainly we do in this instance. the table. the gentleman from Oregon [Mr. Mr. WALSH. Mr. Speaker, I rise in support f DEFAZIO]. of this legislation which authorizes the acquisi- Mr. DEFAZIO. Mr. Speaker, I thank tion, without cost to the Government, of an ex- b 2030 the gentlewoman for yielding me the isting facility to be used by the Library of Con- time. I am glad we are back in the reg- gress. The Library plans to convert a vacant GENERAL LEAVE ular order and that the ranking mem- building now owned by the Federal Reserve Mr. THOMAS. Mr. Speaker, I ask ber representing the minority is now Bank of Richmond to an audio-visual preser- unanimous consent that all Members on the floor of the House. vation center. may have 5 legislative days in which to I am sorry that the majority felt The building is located in Culpeper, VA. It revise and extend their remarks on that they had to proceed out of the reg- will be acquired through a most generous do- H.R. 2979, as amended. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10641

The SPEAKER pro tempore (Mr. CAL- (B) 100,000 copies of the brochure for the I listened carefully to the gentleman VERT). Is there objection to the request use of the Senate, distributed in equal num- from Michigan [Mr. EHLERS]; and I, of the gentleman from California? bers to each Member; too, agree that this is a very worthy (C) 2,000 copies of the brochure for the use There was no objection. of the Joint Committee on Printing; and cause, printing of educational mate- f (D) 1,400 copies of the brochure for dis- rials, for citizens throughout America. tribution to the depository libraries; or So, Mr. Speaker, I too support this ini- AUTHORIZING THE CLERK TO (2) if the total printing and production tiative. MAKE CORRECTIONS AND EN- costs of copies in paragraph (1) exceed Mr. Speaker, I reserve the balance of GROSSMENT OF H.R. 2979, AU- $180,000, such number of copies of the bro- my time. THORIZING ACQUISITION OF CER- chure as does not exceed total printing and Mr. EHLERS. Mr. Speaker, I have no TAIN REAL PROPERTY FOR LI- production costs of $180,000, with distribu- tion to be allocated in the same proportion further requests for time. If the gentle- BRARY OF CONGRESS as in paragraph (1). woman from Michigan [Ms. KIL- Mr. THOMAS. Mr. Speaker, I ask PATRICK] wishes to yield back the bal- unanimous consent that in the engross- S. CON. RES. 63 ance of her time, I shall do likewise. ment of H.R. 2979 the Clerk be author- Resolved by the Senate (the House of Rep- Ms. KILPATRICK. Mr. Speaker, I ized to make technical and conforming resentatives concurring, That (a) a revised edi- have no further requests for speakers, tion of the pamphlet entitled ‘‘The Constitu- and I yield back the balance of my changes. tion of the United States of America’’, pre- The SPEAKER pro tempore (Mr. CAL- time. pared under the direction of the Joint Com- Mr. EHLERS. Mr. Speaker, I yield VERT). Is there objection to the request mittee on Printing, shall be printed as a Sen- of the gentleman from California? ate document, with appropriate illustration. back the balance of my time. There was no objection. (b) There shall be printed— The SPEAKER pro tempore. The (1)(A) 440,000 copies of the pamphlet for the question is on the motion offered by f use of the House of Representatives, distrib- the gentleman from Michigan [Mr. AUTHORIZING PRINTING OF ‘‘OUR uted in equal numbers to each Member; EHLERS] that the House suspend the (B) 100,000 copies of the pamphlet for the rules and concur in the Senate concur- FLAG,’’ ‘‘HOW OUR LAWS ARE use of the Senate, distributed in equal num- MADE,’’ AND ‘‘THE CONSTITU- bers to each Member; rent resolutions, Senate Concurrent TION OF THE UNITED STATES OF (C) 2,000 copies of the pamphlet for the use Resolution 61, Senate Concurrent Reso- AMERICA’’ of the Joint Committee on Printing; and lution 62, and Senate Concurrent Reso- (D) 1,400 copies of the pamphlet for dis- lution 63. Mr. EHLERS. Mr. Speaker, I move to tribution to the depository libraries; or The question was taken; and (two- suspend the rules and pass the Senate (2) if the total printing and production thirds having voted in favor thereof) concurrent resolutions (S. Con. Res. 61) costs of copies in paragraph (1) exceed the rules were suspended and the con- authorizing printing of a revised edi- $120,000, such number of copies of the pam- phlet as does not exceed total printing and current resolutions were concurred in. tion of the publication entitled ‘‘Our A motion to reconsider was laid on Flag,’’ (S. Con. Res. 62) authorizing production costs of $120,000, with distribu- tion to be allocated in the same proportion the table. printing of the brochure entitled ‘‘How as in paragraph (1). f Our Laws Are Made,’’ and (S. Con. Res. The SPEAKER pro tempore. Pursu- 63) authorizing printing of the pam- GENERAL LEAVE ant to the rule, the gentleman from phlet entitled ‘‘The Constitution of the Michigan [Mr. EHLERS] and the gentle- Mr. EHLERS. Mr. Speaker, I ask United States of America.’’ woman from Michigan [Ms. KIL- unanimous consent that all Members The Clerk read as follows: PATRICK] each will control 20 minutes. may have 5 legislative days in which to S. CON. RES. 61 The Chair recognizes the gentleman revise and extend their remarks on Resolved by the Senate (the House of Rep- from Michigan [Mr. EHLERS]. Senate Concurrent Resolution 61, Sen- resentatives concurring), That (a) a revised Mr. EHLERS. Mr. Speaker, I yield ate Concurrent Resolution 62, and Sen- edition of the publication entitled ‘‘Our myself such time as I may consume. ate Concurrent Resolution 63. Flag’’, revised under the direction of the Mr. Speaker, these resolutions pro- The SPEAKER pro tempore. Is there Joint Committee on Printing, shall be re- objection to the request of the gen- printed as a Senate document. vide for the following: Senate Concur- (b) There shall be printed— rent Resolution 61 provides for printing tleman from Michigan? (1)(A) 250,000 copies of the publication for of the revised edition of the publica- There was no objection. the use of the House of Representatives, dis- tion entitled ‘‘Our Flag.’’ This resolu- f tributed in equal numbers to each Member; tion provides for the printing of 250,000 AUTHORIZING USE OF OFFICIAL (B) 51,500 copies of the publication for the copies, or such number as can be print- use of the Senate, distributed in equal num- MAIL IN LOCATION AND RECOV- ed, for a total printing and production ERY OF MISSING CHILDREN, AND bers to each Member; cost of $150,000. Senate Concurrent Res- (C) 2,000 copies of the publication for the FOR OTHER PURPOSES use of the Joint Committee on Printing; and olution 62 provides for printing of the revised edition of the publication enti- Mr. MCHUGH. Mr. Speaker, I move to (D) 1,400 copies of the publication for dis- suspend the rules and pass the Senate tribution to the depository libraries; or tled ‘‘How Our Laws Are Made.’’ This (2) if the total printing and production resolution provides for the printing of bill (S. 1378) to extend the authoriza- costs of copies in paragraph (1) exceed 250,000 copies, or such number as can be tion of use of official mail in the loca- $150,000, such number of copies of the publi- printed, for a total printing and pro- tion and recovery of missing children, cation as does not exceed total printing and duction cost of $180,000. Senate Concur- and for other purposes. production costs of $150,000, with distribu- rent Resolution 63 provides for printing The Clerk read as follows: tion to be allocated in the same proportion S. 1378 as in paragraph (1). of the revised edition of the publica- tion entitled ‘‘The Constitution of the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in S. CON. RES. 62 United States of America.’’ This reso- lution provides for the printing of Congress assembled, Resolved by the Senate (the House of Rep- SECTION 1. EXTENSION OF AUTHORIZATION OF resentatives concurring), That (a) a revised 440,000 copies, or such number as can be USE OF OFFICIAL MAIL IN THE LO- edition of the brochure entitled ‘‘How Our printed, for a total printing and pro- CATION AND RECOVERY OF MISSING Laws Are Made’’, under the direction of the duction cost of $120,000. CHILDREN. Parliamentarian of the House of Representa- All three of these are extremely use- The Act entitled ‘‘An Act to amend title 3, tives in consultation with the Parliamentar- ful to our constituents and to Members United States Code, to authorize the use of ian of the Senate, shall be printed as a Sen- of Congress, and I strongly urge that penalty and franked mail in efforts relating ate document, with suitable paper cover in we adopt these resolutions. to the location and recovery of missing chil- the style selected by the chairman of the Mr. Speaker, I reserve the balance of dren’’, approved August 9, 1985 (39 U.S.C. 3220 Joint Committee on Printing. note; Public Law 99–87), is amended— (b) There shall be printed— my time. (1) in section 3(a) by striking ‘‘June 30, (1)(A) 250,000 copies of the brochure for the Ms. KILPATRICK. Mr. Speaker, I 1997’’ and inserting ‘‘June 30, 2002’’; and use of the House of Representatives, distrib- yield myself such time as I may (2) in section 5 by striking ‘‘December 31, uted in equal numbers to each Member; consume. 1997’’ and inserting ‘‘December 31, 2002’’. H10642 CONGRESSIONAL RECORD — HOUSE November 12, 1997 The SPEAKER pro tempore. Pursu- critics of frank mail for this purpose is ment to section 2302c of title 10, United ant to the rule, the gentleman from something that we all would support. States Code, made by section 850(f)(3)(A) of New York [Mr. MCHUGH] and the gen- Mr. Speaker, we do not have any fur- the National Defense Authorization Act for tleman from Pennsylvania [Mr. ther speakers on our side, so we would Fiscal Year 1998 to which the amendment made by paragraph (1) relates. FATTAH] each will control 20 minutes. like to yield back the remainder of our (b) COMMEMORATION OF 50TH ANNIVERSARY The Chair recognizes the gentleman time, assuming that the gentleman OF KOREAN CONFLICT.—(1) Section 1083(f) of from New York [Mr. MCHUGH]. from New York [Mr. MCHUGH] is the the National Defense Authorization Act for Mr. MCHUGH. Mr. Speaker, I yield last speaker on his side. Fiscal Year 1998 is amended by striking out myself such time as I may consume. Mr. MCHUGH. Mr. Speaker, I yield ‘‘$100,000’’ and inserting in lieu thereof Senate bill 1378 was passed by the myself such time as I may consume. ‘‘$1,000,000’’. Senate on November 5, 1997. It was re- I am, indeed, the only speaker on our (2) The amendment made by paragraph (1) ferred jointly to the Committee on shall take effect as if included in the provi- side. So let me very briefly, in closing, sions of the National Defense Authorization House Oversight and the Committee on extend my deepest appreciation to the Act for Fiscal year 1998 to which such Government Reform and Oversight for ranking member, the gentleman from amendment relates. consideration of such provisions as fall Pennsylvania [Mr. FATTAH]. In these The SPEAKER pro tempore. Pursu- within the jurisdiction of the commit- times of difficulty in the House and in ant to the rule, the gentleman from tee concerned. the Senate, when we are working to- South Carolina [Mr. SPENCE] and the Mr. Speaker, this legislation extends ward a close of the session, we far too gentleman from California [Mr. DEL- the authorization for use of official often dwell upon those things that per- LUMS] each will control 20 minutes. mail in the location and recovery of haps take us apart. And in this effort, The Chair recognizes the gentleman missing children through December 31, we see something that, as the gen- from South Carolina [Mr. SPENCE]. 2002. Authorization was initially ap- tleman from Pennsylvania [Mr. (Mr. SPENCE asked and was given proved on August 9, 1985, and extended FATTAH] has stated so eloquently, permission to revise and extend his re- in October of 1992. This authorization brings us together. And I thank my marks.) will expire at the end of this year. colleague for his efforts and for that Mr. SPENCE. Mr. Speaker, I yield Mr. Speaker, the legislation enables side of the aisle very helpful assistance myself such time as I may consume. Members of Congress to mail a photo in bringing this bill to the floor. This bill makes two technical correc- and description of missing children I would urge all of our colleagues to tions to H.R. 1119, the National Defense that are provided by the National Cen- support this very, very worthy program Authorization Act for Fiscal Year 1998. ter for Missing and Exploited Children through this bill. The first makes technical changes to a in their franked mail to raise public Mr. Speaker, I yield back the balance provision in the conference report in- awareness in an effort to locate these of my time. volving electronic commerce. The children. Currently, Mr. Speaker, some The SPEAKER pro tempore. The change is not controversial and would 20 Members use this authority regu- question is on the motion offered by simply restate references to title 10 of larly to mail those types of materials. the gentleman from New York [Mr. the United States Code more effec- There is, Mr. Speaker, understand- MCHUGH] that the House suspend the tively by eliminating unnecessary am- ably great national concern regarding rules and pass the Senate bill, S. 1378. biguity. the growing problem of missing chil- The question was taken; and (two- The second change would correct the dren. It is indeed one of the greatest thirds having voted in favor thereof) ceiling on funding that has been au- fears for parents throughout this Na- the rules were suspended and the Sen- thorized for the Secretary of Defense to tion. Because of this concern, a Missing ate bill was passed. begin the planning, coordination, and Children’s Caucus was organized earlier A motion to reconsider was laid on execution of a program to commemo- this year in the House. the table. rate the 50th anniversary of the Korean Mr. Speaker, the extension of author- f war. This original proposal was in- ity of use of official mail in the loca- GENERAL LEAVE cluded in the President’s budget re- tion and recovery of missing children is quest and in the House-passed bill. The a very meritorious program, and would Mr. MCHUGH. Mr. Speaker, I ask conference outcome inadvertently I urge our colleagues to support this unanimous consent that all Members placed an incorrect funding ceiling on legislation thereby extending the cur- may have 5 legislative days in which to this commemorative effort. The con- rent program through the year 2002. revise and extend their remarks on S. ference report currently limits expend- Mr. Speaker, I reserve the balance of 1378. itures to $100,000. The bill before us my time. The SPEAKER pro tempore. Is there would raise the cap to the correct level Mr. FATTAH. Mr. Speaker, I yield objection to the request of the gen- of $1 million. myself such time as I may consume. tleman from New York? S. 1507 passed the Senate by unani- Mr. Speaker, let me join with my col- There was no objection. mous consent last Sunday night, and I league the gentleman from New York f am not aware of any controversy. [Mr. MCHUGH], the distinguished chair- NATIONAL DEFENSE AUTHORIZA- Mr. Speaker, I reserve the balance of man of the Subcommittee on Postal TION ACT FOR FISCAL YEAR 1998; my time. Service, in urging the House to favor- TECHNICAL CORRECTIONS Mr. DELLUMS. Mr. Speaker, I yield ably consider Senate bill 1378. This is a myself such time as I may consume. very important and very needed reau- Mr. SPENCE. Mr. Speaker, I move to Mr. Speaker, I rise in support of the thorization of a practice that has al- suspend the rules and pass the Senate bill S. 1507, a bill to provide for tech- ready been, as my colleague has men- bill (S. 1507) to amend the National De- nical corrections for the National De- tioned, implemented by many Members fense Authorization Act for fiscal year fense Authorization Act for Fiscal Year here in the House. 1998 to make certain technical correc- 1998. And I might say, Mr. Speaker, The issue of missing children is tions. that I concur in the observations made something that is on the minds of par- The Clerk read as follows: by my distinguished colleague the gen- ents throughout this Nation. And in S. 1507 tleman from South Carolina [Mr. my home city of Philadelphia, unfortu- Be it enacted by the Senate and House of Rep- SPENCE]. nately, there have been several in- resentatives of the United States of America in This bill makes only two corrections stances in which children have been Congress assembled, to the authorization bill as passed in missing for a long time. The Center for SECTION 1. TECHNICAL CORRECTIONS. the House. One, it makes technical cor- Missing and Exploited Children is a (a) IMPLEMENTATION OF ELECTRONIC COM- rections to part B of the bill dealing very important establishment, and this MERCE CAPABILITY.—(1) Section 2302c(a)(1) of with electronic commerce; and two, it title 10, United States Code, is amended by provision that allows both Members of inserting ‘‘of section 2303(a) of this title’’ corrects the amount available to the the Senate and House to use frank mail after ‘‘paragraphs (1), (5) and (6)’’. Army for support of the 50th anniver- in a way in which I am sure even those (2) The amendment made by paragraph (1) sary of the Korean conflict from that have been the most enthusiastic shall take effect as if included in the amend- $100,000 to $1 million. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10643 With those brief remarks, Mr. Speak- (i) all owners of the undivided interest in resource management activities required er, I would indicate that I support the the Indian land subject to the lease or agree- under subsection (d) and timber harvesting bill, and I urge my colleagues to vote ment (including any interest owned by an In- during the term of the pilot project. in favor of it. dian tribe); and (2) RIPARIAN PROTECTION.— (ii) all other parties to the lease or agree- (A) IN GENERAL.—The Scientific Analysis Mr. Speaker, I yield back the balance ment. Team guidelines for riparian system protec- of my time. (C) DISTRIBUTION OF PROCEEDS.—The pro- tion described in subparagraph (B) shall Mr. SPENCE. Mr. Speaker, I have no ceeds derived from a lease or agreement that apply to all resource management activities further requests for time; and, there- is approved by the Secretary under subpara- conducted under subsection (d) and all tim- fore, I yield back the balance of my graph (A) shall be distributed to all owners ber harvesting activities that occur in the time. of the Indian land that is subject to the lease pilot project area during the term of the The SPEAKER pro tempore. The or agreement in accordance with the interest pilot project. (B) GUIDELINES DESCRIBED.—The guidelines question is on the motion offered by owned by each such owner. (3) EXECUTION OF LEASE OR AGREEMENT BY referred to in subparagraph (A) are those in the gentleman from South Carolina SECRETARY.—The Secretary may execute a the document entitled ‘‘Viability Assess- [Mr. SPENCE] that the House suspend mineral lease or agreement that affects indi- ments and Management Considerations for the rules and pass the Senate bill, S. vidually owned Indian land on behalf of an Species Associated with Late-Successional 1507. Indian owner if— and Old-Growth Forests of the Pacific North- The question was taken; and (two- (A) that owner is deceased and the heirs to, west’’, a Forest Service research document thirds having voted in favor thereof) or devisees of, the interest of the deceased dated March 1993 and co-authored by the Sci- owner have not been determined; or entific Analysis Team, including Dr. Jack the rules were suspended and the Sen- Ward Thomas. ate bill was passed. (B) the heirs or devisees referred to in sub- paragraph (A) have been determined, but 1 or (C) LIMITATION.—Nothing in this section A motion to reconsider was laid on more of the heirs or devisees cannot be lo- shall be construed to require the application the table. cated. of the Scientific Analysis Team guidelines to f (4) PUBLIC AUCTION OR ADVERTISED SALE NOT any livestock grazing in the pilot project REQUIRED.—It shall not be a requirement for area during the term of the pilot project, un- PERMITTING MINERAL LEASING the approval or execution of a lease or agree- less the livestock grazing is being conducted OF INDIAN LAND LOCATED ment under this subsection that the lease or in the specific location at which the Sci- WITHIN FORT BERTHOLD INDIAN agreement be offered for sale through a pub- entific Analysis Team guidelines are being RESERVATION lic auction or advertised sale. applied to an activity under subsection (d). (b) RULE OF CONSTRUCTION.—This Act su- (3) COMPLIANCE.—All resource management Mrs. CHENOWETH. Mr. Speaker, I persedes the Act of March 3, 1909 (35 Stat. activities required by subsection (d) shall be move to suspend the rules and pass the 783, chapter 263; 25 U.S.C. 396) only to the ex- implemented to the extent consistent with Senate bill (S. 1079) to permit the min- tent provided in subsection (a). applicable Federal law and the standards and guidelines for the conservation of the Cali- eral leasing of Indian land located SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, fornia spotted owl as set forth in the Califor- within the Fort Berthold Indian Res- AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY nia Spotted Owl Sierran Provence Interim ervation in any case in which there is GROUP PROPOSAL. Guidelines or the subsequently issued guide- consent from a majority interest in the (a) DEFINITION.—For purposes of this sec- lines, whichever are in effect. parcel of land under consideration for tion, the term ‘‘Quincy Library Group-Com- (4) ROADLESS AREA PROTECTION.—The Re- lease, as amended. munity Stability Proposal’’ means the agree- gional Forester for Region 5 shall direct that The Clerk read as follows: ment by a coalition of representatives of any resource management activity required fisheries, timber, environmental, county by subsection (d)(1) and (2), all road building, S. 1079 government, citizen groups, and local com- all timber harvesting activities, and any ri- Be it enacted by the Senate and House of Rep- munities that formed in northern California parian management under subsection (d)(4) resentatives of the United States of America in to develop a resource management program that utilizes road construction or timber Congress assembled, that promotes ecologic and economic health harvesting shall not be conducted on Federal SECTION 1. LEASES OF ALLOTTED LANDS OF THE for certain Federal lands and communities in lands within the Plumas National Forest, FORT BERTHOLD INDIAN RESERVA- the Sierra Nevada area. Such proposal in- Lassen National Forest, and the Sierraville TION. cludes the map entitled ‘‘QUINCY LIBRARY Ranger District of the Tahoe National For- (a) IN GENERAL.— GROUP Community Stability Proposal’’, est that are designated as either ‘‘Off Base’’ (1) DEFINITIONS.—In this section: dated October 12, 1993, and prepared by or ‘‘Deferred’’ on the map referred to in sub- (A) INDIAN LAND.—The term ‘‘Indian land’’ VESTRA Resources of Redding, California. section (a). Such direction shall be effective means an undivided interest in a single par- (b) PILOT PROJECT REQUIRED.— during the term of the pilot project. cel of land that— (1) PILOT PROJECT AND PURPOSE.—The Sec- (d) RESOURCE MANAGEMENT ACTIVITIES.— (i) is located within the Fort Berthold In- retary of Agriculture (in this section re- During the term of the pilot project, the Sec- dian Reservation in North Dakota; and ferred to as the ‘‘Secretary’’), acting through retary shall implement and carry out the fol- (ii) is held in trust or restricted status by the Forest Service and after completion of lowing resource management activities on the United States. an environmental impact statement (a an acreage basis on the Federal lands in- (B) INDIVIDUALLY OWNED INDIAN LAND.—The record of decision for which shall be adopted cluded within the pilot project area des- term ‘‘individually owned Indian land’’ within 300 days), shall conduct a pilot ignated under subsection (b)(2): means Indian land that is owned by 1 or project on the Federal lands described in (1) FUELBREAK CONSTRUCTION.—Construc- more individuals. paragraph (2) to implement and demonstrate tion of a strategic system of defensible fuel (C) SECRETARY.—The term ‘‘Secretary’’ the effectiveness of the resource manage- profile zones, including shaded fuelbreaks, means the Secretary of the Interior. ment activities described in subsection (d) utilizing thinning, individual tree selection, (2) EFFECT OF APPROVAL BY SECRETARY OF and the other requirements of this section, and other methods of vegetation manage- THE INTERIOR.— as recommended in the Quincy Library ment consistent with the Quincy Library (A) IN GENERAL.—The Secretary may ap- Group-Community Stability Proposal. Group-Community Stability Proposal, on prove any mineral lease or agreement that (2) PILOT PROJECT AREA.—The Secretary not less than 40,000, but not more than 60,000, affects individually owned Indian land, if— shall conduct the pilot project on the Fed- acres per year. (i) the owners of a majority of the undi- eral lands within Plumas National Forest, (2) GROUP SELECTION AND INDIVIDUAL TREE vided interest in the Indian land that is the Lassen National Forest, and the Sierraville SELECTION.—Utilization of group selection subject of the mineral lease or agreement Ranger District of Tahoe National Forest in and individual tree selection uneven-aged (including any interest covered by a lease or the State of California designated as ‘‘Avail- forest management prescriptions described agreement executed by the Secretary under able for Group Selection’’ on the map enti- in the Quincy Library Group-Community paragraph (3)) consent to the lease or agree- tled ‘‘QUINCY LIBRARY GROUP Commu- Stability Proposal to achieve a desired fu- ment; and nity Stability Proposal’’, dated October 12, ture condition of all-age, multistory, fire re- (ii) the Secretary determines that approv- 1993 (in this section referred to as the ‘‘pilot silient forests as follows: ing the lease or agreement is in the best in- project area’’). Such map shall be on file and (A) GROUP SELECTION.—Group selection on terest of the Indian owners of the Indian available for inspection in the appropriate an average acreage of .57 percent of the pilot land. offices of the Forest Service. project area land each year of the pilot (B) EFFECT OF APPROVAL.—Upon the ap- (c) EXCLUSION OF CERTAIN LANDS, RIPARIAN project. proval by the Secretary under subparagraph PROTECTION AND COMPLIANCE.— (B) INDIVIDUAL TREE SELECTION.—Individual (A), the lease or agreement shall be binding, (1) EXCLUSION.—All spotted owl habitat tree selection may also be utilized within the to the same extent as if all of the Indian areas and protected activity centers located pilot project area. owners of the Indian land involved had con- within the pilot project area designated (3) TOTAL ACREAGE.—The total acreage on sented to the lease or agreement, upon— under subsection (b)(2) will be deferred from which resource management activities are H10644 CONGRESSIONAL RECORD — HOUSE November 12, 1997 implemented under this subsection shall not ments of this section using private con- the report in consultation with interested exceed 70,000 acres each year. tracts. members of the public, including the Quincy (4) RIPARIAN MANAGEMENT.—A program of (i) CORRESPONDING FOREST PLAN AMEND- Library Group. The report shall include, but riparian management, including wide protec- MENTS.—Within 2 years after the date of the not be limited to, the following: tion zones and riparian restoration projects, enactment of this Act, the Regional Forester (A) A description of any adverse environ- consistent with riparian protection guide- for Region 5 shall initiate the process to mental impacts resulting from implementa- lines in subsection (c)(2)(B). amend or revise the land and resource man- tion of the pilot project. (e) COST-EFFECTIVENESS.—In conducting agement plans for Plumas National Forest, (B) An assessment of watershed monitoring the pilot project, Secretary shall use the Lassen National Forest, and Tahoe National data on lands treated pursuant to this sec- most cost-effective means available, as de- Forest. The process shall include preparation tion. Such assessment shall address the fol- termined by the Secretary, to implement re- of at least one alternative that— lowing issues on a priority basis: timing of source management activities described in (1) incorporates the pilot project and area water releases; water quality changes; and subsection (d). designations made by subsection (b), the re- water yield changes over the short- and long- (f) FUNDING.— source management activities described in term in the pilot project area. subsection (d), and other aspects of the Quin- (1) SOURCE OF FUNDS.—In conducting the (3) SUBMISSION TO THE CONGRESS.—The pilot project, the Secretary shall use, subject cy Library Group-Community Stability Pro- panel shall submit the final report to the to the relevant reprogramming guidelines of posal; and Congress as soon as practicable, but in no the House and Senate Committees on Appro- (2) makes other changes warranted by the case later than 18 months after completion priations— analyses conducted in compliance with sec- of the pilot project. tion 102(2) of the National Environmental (A) those funds specifically provided to the (4) LIMITATION ON EXPENDITURES.—The Policy Act of 1969 (42 U.S.C. 4332(2)), section Forest Service by the Secretary to imple- amount of Federal funds expended for the re- 6 of the Forest and Rangeland Renewable Re- ment resource management activities ac- port under this subsection, other than for sources Planning Act of 1974 (16 U.S.C. 1604), cording to the Quincy Library Group-Com- watershed monitoring, shall not exceed and other applicable laws. munity Stability Proposal; and $350,000. The amount of Federal funds ex- (j) STATUS REPORTS.— (B) year-end excess funds that are allo- pended for watershed monitoring under this (1) IN GENERAL.—Not later than February cated for the administration and manage- subsection shall not exceed $175,000 for each ment of Plumas National Forest, Lassen Na- 28 of each year during the term of the pilot project, the Secretary shall submit to Con- fiscal year in which the report is prepared. tional Forest, and the Sierraville Ranger (l) RELATIONSHIP TO OTHER LAWS.—Nothing District of Tahoe National Forest. gress a report on the status of the pilot project. The report shall include at least the in this section exempts the pilot project (2) PROHIBITION ON USE OF CERTAIN FUNDS.— from any Federal environmental law. The Secretary may not conduct the pilot following: (A) A complete accounting of the use of (m) LOANS FOR DEMONSTRATION PROJECTS project using funds appropriated for any FOR WOOD WASTE OR LOW-QUALITY WOOD BY- other unit of the National Forest System. funds made available under subsection (f)(1)(A) until such funds are fully expended. PRODUCTS.— (3) FLEXIBILITY.—Subject to normal re- (B) A complete accounting of the use of (1) EVALUATION OF LOAN ADVISABILITY.—The programming guidelines, during the term of Alternative Agricultural Research and Com- the pilot project, the forest supervisors of funds and accounts made available under subsection (f)(1) for the previous fiscal year, mercialization Corporation established Plumas National Forest, Lassen National under section 1658 of the Food, Agriculture, Forest, and Tahoe National Forest may allo- including a schedule of the amounts drawn from each account used to perform resource Conservation, and Trade Act of 1990 (7 U.S.C. cate and use all accounts that contain year- 5902) (in this section referred to as the ‘‘Cor- end excess funds and all available excess management activities described in sub- section (d). poration’’) shall evaluate the advisability of funds for the administration and manage- making commercialization assistance loans ment of Plumas National Forest, Lassen Na- (C) A description of total acres treated for each of the resource management activities under section 1661 of such Act (7 U.S.C. 5905) tional Forest, and the Sierraville Ranger to support a minimum of 2 demonstration District of Tahoe National Forest to perform required under subsection (d), forest health improvements, fire risk reductions, water projects for the development and demonstra- the resource management activities de- tion of commercial application of technology scribed in subsection (d). yield increases, and other natural resources- related benefits achieved by the implementa- to convert wood waste or low-quality wood (4) RESTRICTION.—The Secretary or the for- tion of the resource management activities byproducts into usable, higher value prod- est supervisors, as the case may be, shall not ucts. utilize authority provided under paragraphs described in subsection (d). (D) A description of the economic benefits (2) LOCATION OF DEMONSTRATION (1)(B) and (3) if, in their judgment, doing so PROJECTS.—If the Corporation determines to will limit other nontimber related multiple to local communities achieved by the imple- mentation of the pilot project. make loans under this subsection to support use activities for which such funds were the development and demonstration of com- available. (E) A comparison of the revenues gen- erated by, and costs incurred in, the imple- mercial application of technology to convert (5) OVERHEAD.—The Secretary shall seek to mentation of the resource management ac- wood waste or low-quality wood byproducts ensure that of amounts available to carry into usable, higher value products, the Cor- out this section— tivities described in subsection (d) on the Federal lands included in the pilot project poration shall consider making one loan (A) not more than 12 percent is used or al- with regard to a demonstration project to be located for general administration or other area with the revenues and costs during each of the fiscal years 1992 through 1997 for tim- conducted in the pilot project area and one overhead; and loan with regard to a demonstration project (B) at least 88 percent is used to implement ber management of such lands before their inclusion in the pilot project. to be conducted in southeast Alaska. and carry out activities required by this sec- (3) ELIGIBILITY REQUIREMENTS.—To be eligi- tion. (F) A proposed schedule for the resource management activities to be undertaken in ble for a loan under this subsection, a dem- (6) AUTHORIZED SUPPLEMENTAL FUNDS.— onstration project shall be required to sat- There are authorized to be appropriated to the pilot project area during the 1-year pe- riod beginning on the date of submittal of isfy the eligibility requirements imposed by implement and carry out the pilot project the Corporation under section 1661 of the such sums as are necessary. the report. (G) A description of any adverse environ- Food, Agriculture, Conservation, and Trade (7) BASELINE FUNDS.—Amounts available Act of 1990 (7 U.S.C. 5905). for resource management activities author- mental impacts from the pilot project. ized under subsection (d) shall at a minimum (2) LIMITATION ON EXPENDITURES.—The The SPEAKER pro tempore. Pursu- include existing baseline funding levels. amount of Federal funds expended on each ant to the rule, the gentlewoman from (g) TERM OF PILOT PROJECT.—The Sec- annual report under this subsection shall not Idaho [Mrs. CHENOWETH] and the gen- retary shall conduct the pilot project until exceed $125,000. tleman from North Dakota [Mr. (k) FINAL REPORT.— the earlier of: (1) the date on which the Sec- OMEROY (1) IN GENERAL.—The Secretary shall estab- P ] each will control 20 minutes. retary completes amendment or revision of The Chair recognizes the gentle- the land and resource management plans di- lish an independent scientific panel to re- rected under and in compliance with sub- view and report on whether, and to what ex- woman from Idaho [Mrs. CHENOWETH]. section (i) for the Plumas National Forest, tent, implementation of the pilot project b 2045 Lassen National Forest, and Tahoe National under this section achieved the goals stated Forest; or (2) five years after the date of the in the Quincy Library Group-Community Mrs. CHENOWETH. Mr. Speaker, I commencement of the pilot project. Stability Proposal, including improved eco- yield myself such time as I may (h) CONSULTATION.—(1) The statement re- logical health and community stability. The consume. quired by subsection (b)(1) shall be prepared membership of the panel shall reflect exper- (Mrs. CHENOWETH asked and was in consultation with interested members of tise in diverse disciplines in order to ade- given permission to revise and extend quately address all of those goals. the public, including the Quincy Library her remarks.) Group. (2) PREPARATION.—The panel shall initiate (2) CONTRACTING.—The Forest Service, sub- such review no sooner than 18 months after Mrs. CHENOWETH. Mr. Speaker, S. ject to the availability of appropriations, the first day of the term of the pilot project 1079 would facilitate the oil and gas ex- may carry out any (or all) of the require- under subsection (g). The panel shall prepare ploration on the Fort Berthold Indian November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10645 Reservation by allowing the Secretary to explore oil and gas development on require the Forest Service to continue the pilot of the Interior to approve mineral tribal lands. Because this reservation project even after the plan amendment proc- leases affecting individually owned In- wholly lies within the Williston Basin, ess has been completed. This is inconsistent dian land if a majority of the owners of an area where there has been a lot of with the normal operation of environmental the undivided mineral interests con- successful oil development, their pros- laws. sent. S. 1079 would supersede a 1909 law pects are very good that they will re- Let us not forget, the Quincy Library Group which provides that the Secretary may ceive leasing activity and the economic legislation is a pilot project. As such, it sets no not approve a mineral lease affecting development that flows from that; that precedent for further action on other propos- individually owned Indian land unless they will subsequently see oil develop- als. In fact, it would be irresponsible to act on every single person who has an undi- ment and also create a substantial other such proposals before this pilot project vided mineral interest in that land con- number of jobs in the development of was completed and we and others had a sents. their oil resources. chance to review its strengths and weak- Approximately 70 percent of the indi- How cruel our existing policy has nesses. I still have reservations on this pro- vidually owned tracts of Indian land on been relative to the development of posal but it obvious that the bill has been sub- the Fort Berthold Indian Reservation leasing activity within Indian lands. stantively improved from where it started out. are owned by groups of 20 or more indi- By requiring, as we have done since the I expect the Forest Service to see that all en- viduals, and some tracts are owned by 1909 act, virtually every interest vironmental laws are complied with, as the bill 200 individuals. In many instances, owner, no matter how minute, to have requires. these individuals have not been identi- to be identified and have them sign off Mr. Speaker, I will not oppose the non- fied or cannot be located. The require- on the proposal, we have essentially germane amendment that is being offered to ments of the 1909 law have proven to be shut Indian oil development down cold. S. 1079 but I must question the majority's tac- so difficult to meet that very little oil I think that this legislation, which tic of using this bill as an attempt to force Sen- production has taken place on individ- will be so particularly important to the ate action of the Quincy Library Group legisla- ually owned Indian land within a geo- tribe at issue, may also serve as an ex- tion. The only thing this strategy has to offer logical basin which has produced over 1 ample that we might follow later on. is that the Senate will have before it two Quin- billion barrels of oil. And so as we help the Fort Berthold In- cy bills before it rather than one. The Mandan Indian Nation and the dian Reservation tonight, I believe I regret the S. 1079 is being held hostage. Hidatsa Indian Nation and the Arikara that we may be doing a favor for all In- The underlying bill would allow the Secretary Indian Nation all support S. 1079. The dian reservations that might be inter- of the Interior to approve the mineral lease of administration supports S. 1079. And ested in exploring mineral leasing ac- lands for individual Indians living on the Fort the gentleman from North Dakota [Mr. tivity in the future. Mr. Speaker, again Berthold Reservation when a majority of inter- POMEROY], who has introduced a com- I thank all in the majority for helping est owners have agreed to the lease. Other- panion bill, H.R. 2309, also supports S. us bring this matter forward. wise, approval of the lease would require 1079. Mr. MILLER of California. Mr. Speaker, S. unanimous consent of all the interest owners. Also, the bill as amended directs the 1079 is a bill introduced by Senator DORGAN Because many of the ownership of interests Secretary of Agriculture to conduct a that allows the Three Affiliated Tribes of the individual Indian lands have been divided and pilot project on designated lands with- Fort Berthold Reservation in North Dakota to subdivided into hundreds of shares over the in the Plumas, Lassen, and Tahoe Na- take an important step toward future economic past century, leasing of these Indian lands for tional Forests in the State of Califor- development. Congressman POMEROY of any purpose has posed an insurmountable nia to demonstrate the effectiveness of North Dakota has sponsored similar legislation problem because it is nearly impossible for the the resource management activities in the House. Bureau of Indian Affairs or the tribes to identify proposed by the Quincy Library Group In an attempt to force Senate action on the and track down each individual interest owner, and to amend current land and re- Quincy Library Group legislation, the majority much less get their unanimous consent. source management plans for these na- has sent S. 1079 to the desk with an unre- Basically, this bill tackles the fractionated tional forests to consider the incorpo- lated amendment, that with one change is the heirship problem that plagues many Indian ration of these resource management text of Quincy Library Group bill (H.R. 858) reservations across the country. On the whole activities. The text is essentially that that was reported by the Senate Energy and it is a good approach and may be considered which passed the House on July 9, 1997, Natural Resources Committee last month. as one model for national legislation that ad- by a vote of 429 to 1. It has minor Members may recall that when the House dresses this problem for all Indian tribes. changes as amended by the Senate considered H.R. 858 in July, I initially opposed Nevertheless, I have two concerns about Committee on Energy and Natural Re- the bill. However, after negotiating with Chair- this bill. The first is procedural. No hearings or sources. It has one major change adopt- man YOUNG, a number of important changes other kind of legislative record has been built ed by the Senate that takes the 5-year were made to the bill on the House floor. With up here in the House of Representatives. This pilot project and allows it to be cut off those changes I voted for the bill. I recognized is not the first time nor, I suspend, the last that sooner after amendments to the land at the time that the bill was far from a perfect Indian bills are going to be handled in this management plans pursuant to sub- measure but it was significantly improved. fashion. I just want to point this out for the section (i) of that section of the bill. The Senate Energy and Natural Resources record. This is a good piece of legislation. It Committee has made further changes to the Second, I remain concerned about a provi- solves a big problem created by out- bill. Two of the most important changes were sion in the bill that allows the Secretary to dated laws and so forth. I recommend to provide roadless area protection to large execute a mineral lease on behalf of an Indian that it pass, Mr. Speaker. areas of the three national forests and to pro- owner if the land is in probate and the heirs Mr. Speaker, I reserve the balance of vide the pilot project will end the earlier of or devisees have not been determined or can- my time. when the forest plan is amended or 5 years. not be located. Mr. POMEROY. Mr. Speaker, I yield I am pleased to see the language added on With the extent of fractionated heirship in In- myself such time as I may consume. I roadless area protection. This change pro- dian country, there will certainly be many thank the gentlewoman from Idaho vides a statutory basis for such protection but cases where the heirs have not been deter- [Mrs. CHENOWETH], the subcommittee it by no means is the only protection that can mined or cannot be located. In this case, the Chair, for her assistance in this mat- be provided. There is no requirement that the bill does not impose a requirement that the ter. She has superbly described S. 1079. Forest Service undertake activities on lands Secretary make serious effort to determine or I would add, I would have preferred the that were not identified as off-base or de- locate the heirs. I am concerned that the BIA consideration of this in an unamended ferred. The Forest Service has the authority will simply use this language as an excuse to form, but I am really pleased that it is and I expect them to use it to not enter into simply rubber stamp any lease application for before us on the suspension calendar. lands where it has been brought to their atten- lands in probate. I do support the legislation. It is tion that such activities would harm either the I hope that this will not be the result of this strongly supported by the tribal gov- land or the resources found on those lands. bill and strongly urge the administration to ernment at issue. At a time when we Likewise, the Senate change on the time adopt regulations that impose a serious duty are encouraging economic self-suffi- limit of the pilot project is an improvement. As to make a good faith effort to give notice to, ciency, the tribal government is eager I and others had noted, it made no sense to and determine and locate, those heirs and H10646 CONGRESSIONAL RECORD — HOUSE November 12, 1997 devisees of lands subject to this bill. Further- identifying every foreign person with respect (b) DESCRIPTION OF SANCTIONS.—The sanc- more, the administration should also adopt to whom there is credible information indi- tions referred to in subsection (a) that are to regulations that at least give the probate proc- cating that that person, on or after August 8, be imposed on a foreign person described in 1995— that subsection are the following: ess a fair but timely chance of working. (1)(A) transferred items on the MTCR (1) ARMS EXPORT SANCTION.—For a period of Having voiced these concerns, I will support Annex, or items that the United States pro- not less than 2 years, the United States Gov- passage of this bill. poses for addition to the MTCR Annex, that ernment shall not sell to that person any Mr. POMEROY. Mr. Speaker, I yield contributed to Iran’s efforts to acquire, de- item on the United States Munitions List as back the balance of my time. velop, or produce ballistic missiles, or in effect on August 8, 1995, and shall termi- Mrs. CHENOWETH. Mr. Speaker, I (B) provided technical assistance or facili- nate sales to that person of any defense arti- have no further requests for time, and ties which the President deems to be of con- cles, defense services, or design and con- I yield back the balance of my time. cern because of their direct contribution to struction services under the Arms Export The SPEAKER pro tempore (Mr. Iran’s efforts to acquire, develop, or produce Control Act. ballistic missiles; or (2) DUAL USE SANCTION.—For a period of not CALVERT). The question is on the mo- (2)(A) attempted to transfer items on the less than 2 years, the authorities of section tion offered by the gentlewoman from MTCR Annex, or items that the United 6 of the Export Administration Act of 1979 Idaho [Mrs. CHENOWETH] that the House States proposes for addition to the MTCR shall be used to prohibit the export to that suspend the rules and pass the Senate Annex, that would have contributed to Iran’s person of any goods or technology on the bill, S. 1079, as amended. efforts to acquire, develop, or produce ballis- control list established under section 5(c)(1) The question was taken; and (two- tic missiles, or of that Act. thirds having voted in favor thereof) (B) attempted to provide technical assist- (3) UNITED STATES ASSISTANCE.—For a pe- the rules were suspended and the Sen- ance or facilities which the President deems riod of not less than 2 years, the United to be of concern because of their direct con- States Government shall not provide any as- ate bill, as amended, was passed. tribution to Iran’s efforts to acquire, de- sistance in the form of grants, loans, credits, The title of the Senate bill was velop, or produce ballistic missiles. guarantees, or otherwise, to that person. amended so as to read: ‘‘A bill to per- (b) TIMING OF REPORTS.—The reports under SEC. 104. WAIVER ON BASIS OF ADDITIONAL IN- mit the mineral leasing of Indian land subsection (a) shall be submitted not later FORMATION. located within the Fort Berthold In- than 30 days after the date of the enactment (a) IN GENERAL.—The President may waive dian Reservation in any case in which of this Act, not later than 180 days after such the imposition of any sanction that would there is consent from a majority inter- date of enactment, not later than 1 year otherwise be required under section 103 on after such date of enactment, and not later any foreign person 15 days after the Presi- est in the parcel of land under consid- than the end of each 1-year period thereafter. eration for lease, to direct the Sec- dent determines and reports to the Commit- (c) EXCEPTIONS.—Any foreign person who— tee on International Relations of the House retary of Agriculture to conduct a pilot (1) was identified in a previous report sub- of Representatives and the Committee on project on designated national forest mitted under subsection (a) on account of a Foreign Relations of the Senate that, on the lands in California to demonstrate the particular transfer, transaction, or attempt, basis of information provided by that person, effectiveness of resource management (2) has engaged in a transfer or transaction or otherwise obtained by the President, the activities proposed by the Quincy Li- that was the basis for the imposition of sanc- President is persuaded that the person did brary Group, and for other purposes.’’ tions with respect to that person under sec- not, on or after August 8, 1995— tion 73 of the Arms Export Control Act or (1)(A) transfer items on the MTCR Annex, A motion to reconsider was laid on section 1604 of the Iran-Iraq Arms Non-Pro- the table. or items that the United States proposes for liferation Act of 1992, addition to the MTCR Annex, that contrib- f (3) may have engaged in a transfer or uted to Iran’s efforts to acquire, develop, or transaction, or made an attempt, that was produce ballistic missiles, or GENERAL LEAVE the subject of a waiver under section 104, or (B) provide technical assistance or facili- Mrs. CHENOWETH. Mr. Speaker, I (4) has engaged in a transfer or trans- ties which the President deems to be of con- ask unanimous consent that all Mem- action, or made an attempt, on behalf of, or cern because of their direct contribution to in concert with, the Government of the Unit- Iran’s efforts to acquire, develop, or produce bers may have 5 legislative days within ed States, which to revise and extend their re- ballistic missiles; or is not required to be identified on account of (2) attempt on more than one occasion— marks on the Senate bill just passed. that same transfer, transaction, or attempt (A) to transfer items on the MTCR Annex, The SPEAKER pro tempore. Is there in any report submitted thereafter under or items that the United States proposes for objection to the request of the gentle- this section. addition to the MTCR Annex, that would woman from Idaho? (d) SUBMISSION IN CLASSIFIED FORM.—When have contributed to Iran’s efforts to acquire, There was no objection. the President considers it appropriate, re- develop, or produce ballistic missiles, or ports submitted under subsection (a), or ap- (B) to provide technical assistance or fa- f propriate parts thereof, may be submitted in cilities described in paragraph (1)(B). IRAN MISSILE PROLIFERATION classified form. (b) WRITTEN JUSTIFICATION.—The deter- SANCTIONS ACT OF 1997 SEC. 103. IMPOSITION OF SANCTIONS. mination and report of the President under (a) REQUIREMENT TO IMPOSE SANCTIONS.— subsection (a) shall include a written jus- Mr. GILMAN. Mr. Speaker, I move to (1) REQUIREMENT TO IMPOSE SANCTIONS.— tification describing in detail— suspend the rules and pass the bill The sanctions described in subsection (b) (1) the credible information indicating that (H.R. 2709) to impose certain sanctions shall be imposed on— the person— on foreign persons who transfer items (A) any foreign person identified under (A) transferred items described in section contributing to Iran’s efforts to ac- subsection (a)(1) of section 102 in a report 102(a)(1)(A), or provided technical assistance quire, develop, or produce ballistic mis- submitted under that section, and or facilities described in section 102(a)(1)(B); (B) any foreign person identified under sub- or siles, as amended. section (a)(2) of section 102 in a report sub- (B) attempted to transfer items described The Clerk read as follows: mitted under that section, if that person has in section 102(a)(1)(A), or attempted to pro- H.R. 2709 been identified in that report or a previous vide technical assistance or facilities de- Be it enacted by the Senate and House of Rep- report as having made at least 1 other at- scribed in section 102(a)(1)(B); resentatives of the United States of America in tempt described in subsection (a)(2) of that (2) the additional information which per- Congress assembled, section. suaded the President that the person did (2) EFFECTIVE DATE OF SANCTIONS.—The not— TITLE I—IRAN MISSILE PROLIFERATION sanctions shall be effective— (A) transfer items described in section SANCTIONS (A) 30 days after the report triggering the 102(a)(1)(A), or provide technical assistance SEC. 101. SHORT TITLE. sanction is submitted, if the report is sub- or facilities described in section 102(a)(1)(B); This title may be cited as the ‘‘Iran Missile mitted on or before the date required by sec- or Proliferation Sanctions Act of 1997’’. tion 102(b); (B) attempt to transfer items described in SEC. 102. REPORTS ON MISSILE PROLIFERATION (B) 30 days after the date required by sec- section 102(a)(1)(A), or attempt to provide TO IRAN. tion 102(b) for submitting the report, if the technical assistance or facilities described in (a) REPORTS.—Except as provided in sub- report triggering the sanction is submitted section 102(a)(1)(B); and section (c), the President shall, at the times within 30 days after that date; and (3) the analysis of the information support- specified in subsection (b), submit to the (C) on the date that the report triggering ing the President’s conclusion. Committee on International Relations of the the sanction is submitted, if that report is (c) SUBMISSION IN CLASSIFIED FORM.—When House of Representatives and the Committee submitted more than 30 days after the date the President considers it appropriate, the on Foreign Relations of the Senate a report required by section 102(b). determination and report of the President November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10647 under subsection (a) and the written jus- SEC. 108. DEFINITIONS. Sec. 254. Confidentiality of information. tification under subsection (b), or appro- For the purposes of this title— Sec. 255. Recordkeeping violations. priate parts thereof, may be submitted in (1) the terms ‘‘foreign person’’ and ‘‘per- Subtitle E—Enforcement classified form. son’’ mean— Sec. 261. Penalties. (A) a natural person that is an alien; SEC. 105. WAIVER ON BASIS OF NATIONAL SECU- Sec. 262. Specific enforcement. RITY. (B) a corporation, business association, Sec. 263. Expedited judicial review. (a) IN GENERAL.—The President may waive partnership, society, trust, or any other non- the imposition of any sanction that would governmental entity, organization, or group, Subtitle F—Miscellaneous Provisions otherwise be required under section 103 on that is organized under the laws of a foreign Sec. 271. Repeal. any foreign person 15 days after the Presi- country or has its principal place of business Sec. 272. Prohibition. dent determines and reports to the Commit- in a foreign country; Sec. 273. Bankruptcy actions. tee on International Relations of the House (C) any foreign governmental entity oper- SEC. 203. DEFINITIONS. of Representatives and the Committee on ating as a business enterprise; and In this title: Foreign Relations of the Senate that such (D) any successor or subsidiary of any en- (1) CHEMICAL WEAPON.—The term ‘‘chemi- waiver is essential to the national security tity described in subparagraph (B) or (C); cal weapon’’ means the following, together of the United States. (2) the term ‘‘government of primary juris- or separately: (b) WRITTEN JUSTIFICATION.—The deter- diction’’ means— (A) A toxic chemical and its precursors, ex- mination and report of the President under (A) in the case of a natural person, the for- subsection (a) shall include a written jus- cept where intended for a purpose not pro- eign government of the country of which the hibited under this title as long as the type tification describing in detail the facts and person is a citizen or national; circumstances supporting the President’s and quantity is consistent with such a pur- (B) in the case of an entity described in pose. conclusion. subparagraph (B) of paragraph (1), the for- (c) SUBMISSION IN CLASSIFIED FORM.—When (B) A munition or device, specifically de- eign government of the country in which the the President considers it appropriate, the signed to cause death or other harm through entity has its principal place of business, or determination and report of the President toxic properties of those toxic chemicals the foreign government under whose laws under subsection (a) and the written jus- specified in subparagraph (A), which would that entity is organized; and tification under subsection (b), or appro- be released as a result of the employment of (C) in the case of a foreign governmental priate parts thereof, may be submitted in such munition or device. entity described in subparagraph (C) of para- classified form. (C) Any equipment specifically designed graph (1), the foreign government of which for use directly in connection with the em- SEC. 106. ADDITIONAL INFORMATION REGARD- that entity is a part; and ING ACTIONS BY GOVERNMENT OF ployment of munitions or devices specified PRIMARY JURISDICTION. (3) the term ‘‘MTCR Annex’’ has the mean- in subparagraph (B). As part of each report submitted under sec- ing given that term in section 11B(c)(4) of (2) CHEMICAL WEAPONS CONVENTION; CONVEN- tion 102, the President shall include the fol- the Export Administration Act of 1979 (50 TION.—The terms ‘‘Chemical Weapons Con- lowing information with respect to each for- U.S.C. 2410b(c)(4)). vention’’ and ‘‘Convention’’ mean the Con- eign person identified in that report: TITLE II—CHEMICAL WEAPONS vention on the Prohibition of the Develop- (1) A statement regarding whether the gov- CONVENTION IMPLEMENTATION ment, Production, Stockpiling and Use of ernment of primary jurisdiction over that SEC. 201. SHORT TITLE. Chemical Weapons and on Their Destruction, person was aware of the activities that were This title may be cited as the ‘‘Chemical opened for signature on January 13, 1993. the basis for the identification of that person Weapons Convention Implementation Act of (3) KEY COMPONENT OF A BINARY OR MULTI- in the report. 1997’’. COMPONENT CHEMICAL SYSTEM.—The term ‘‘key component of a binary or multicompo- (2) If the government of primary jurisdic- SEC. 202. TABLE OF CONTENTS. nent chemical system’’ means the precursor tion was not aware of the activities that The table of contents for this title is as fol- which plays the most important role in de- were the basis for the identification of that lows: person in the report, an explanation of the termining the toxic properties of the final reasons why the United States Government Sec. 201. Short title. product and reacts rapidly with other chemi- did not inform that government of those ac- Sec. 202. Table of contents. cals in the binary or multicomponent sys- tivities. Sec. 203. Definitions. tem. (3) If the government of primary jurisdic- Subtitle A—General Provisions (4) NATIONAL OF THE UNITED STATES.—The tion was aware of the activities that were Sec. 211. Designation of United States Na- term ‘‘national of the United States’’ has the the basis for the identification of that person tional Authority. same meaning given such term in section in the report, a description of the efforts, if Sec. 212. No abridgement of constitutional 101(a)(22) of the Immigration and Nationality any, undertaken by that government to pre- rights. Act (8 U.S.C. 1101(a)(22)). vent those activities, and an assessment of Sec. 213. Civil liability of the United States. (5) ORGANIZATION.—The term ‘‘Organiza- the effectiveness of those efforts, including Subtitle B—Penalties for Unlawful Activi- tion’’ means the Organization for the Prohi- an explanation of why those efforts failed. ties Subject to the Jurisdiction of the bition of Chemical Weapons. (4) If the government of primary jurisdic- United States (6) PERSON.—The term ‘‘person’’, except as tion was aware of the activities that were otherwise provided, means any individual, CHAPTER 1—CRIMINAL AND CIVIL PENALTIES the basis for the identification of that person corporation, partnership, firm, association, in the report and failed to undertake effec- Sec. 221. Criminal and civil provisions. trust, estate, public or private institution, tive efforts to prevent those activities, a de- CHAPTER 2—REVOCATIONS OF EXPORT any State or any political subdivision there- scription of any sanctions that have been im- PRIVILEGES of, or any political entity within a State, posed on that government by the United Sec. 222. Revocations of export privileges. any foreign government or nation or any States Government because of such failure. Subtitle C—Inspections agency, instrumentality or political subdivi- SEC. 107. PURCHASE OF WEAPONS TECHNOLOGY. sion of any such government or nation, or Sec. 231. Definitions in the subtitle. (a) SENSE OF THE CONGRESS.—It is the sense other entity located in the United States. Sec. 232. Facility agreements. of the Congress that the President should ex- (7) PRECURSOR.— Sec. 233. Authority to conduct inspections. ercise the authority granted to him under (A) IN GENERAL.—The term ‘‘precursor’’ Sec. 234. Procedures for inspections. section 504 of the Freedom for Russia and means any chemical reactant which takes Sec. 235. Warrants. Emerging Eurasian Democracies and Open part at any stage in the production by what- Sec. 236. Prohibited acts relating to inspec- Markets Support Act of 1992 (22 U.S.C. 5854)— ever method of a toxic chemical. The term tions. (1) to prevent the transfer of weapons-re- includes any key component of a binary or Sec. 237. National security exception. lated material and delivery systems to Iran multicomponent chemical system. Sec. 238. Protection of constitutional rights through the purchase, barter, or other acqui- (B) LIST OF PRECURSORS.—Precursors which of contractors. sition of such material and delivery systems; have been identified for the application of Sec. 239. Annual report on inspections. and verification measures under Article VI of the Sec. 240. United States assistance in inspec- (2) to prevent the transfer to Iran of sci- Convention are listed in schedules contained tions at private facilities. entific and technical expertise with respect in the Annex on Chemicals of the Chemical to such weapons-related material and deliv- Subtitle D—Reports Weapons Convention. ery systems. Sec. 251. Reports required by the United (8) PURPOSES NOT PROHIBITED BY THIS (b) AVAILABILITY OF AMOUNTS.—Amounts States National Authority. TITLE.—The term ‘‘purposes not prohibited hereafter made available, subject to the Sec. 252. Prohibition relating to low con- by this title’’ means the following: availability of appropriations, to carry out centrations of schedule 2 and 3 (A) PEACEFUL PURPOSES.—Any peaceful chapter 11 of part I of the Foreign Assistance chemicals. purpose related to an industrial, agricul- Act of 1961 (22 U.S.C. 2295 et seq.; relating to Sec. 253. Prohibition relating to unsched- tural, research, medical, or pharmaceutical assistance for the independent states of the uled discrete organic chemicals activity or other activity. former Soviet Union) may be used to carry and coincidental byproducts in (B) PROTECTIVE PURPOSES.—Any purpose out subsection (a). waste streams. directly related to protection against toxic H10648 CONGRESSIONAL RECORD — HOUSE November 12, 1997 chemicals and to protection against chemi- (D) Chemicals, except for those listed in time Drug Law Enforcement Act (46 U.S.C. cal weapons. Schedule 1, containing a phosphorus atom to App. 1903(b)). (C) UNRELATED MILITARY PURPOSES.—Any which is bonded one methyl, ethyl or propyl (15) UNSCHEDULED DISCRETE ORGANIC CHEMI- military purpose of the United States that is (normal or iso) group but not further carbon CAL.—The term ‘‘unscheduled discrete or- not connected with the use of a chemical atoms, ganic chemical’’ means any chemical not weapon and that is not dependent on the use e.g. Methylphosphonyl dichloride Di- listed on any schedule contained in the of the toxic or poisonous properties of the methyl methylphosphonate Annex on Chemicals of the Convention that chemical weapon to cause death or other Exemption: Fonofos: O-Ethyl S-phenyl belongs to the class of chemical compounds harm. ethylphosphonothiolothionate. consisting of all compounds of carbon, except (D) LAW ENFORCEMENT PURPOSES.—Any law (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) for its oxides, sulfides, and metal carbonates. enforcement purpose, including any domes- phosphoramidic dihalides. Subtitle A—General Provisions tic riot control purpose and including impo- (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N- SEC. 211. DESIGNATION OF UNITED STATES NA- sition of capital punishment. dialkyl (Me, Et, n-Pr or i-Pr)- TIONAL AUTHORITY. (9) TECHNICAL SECRETARIAT.—The term phosphoramidates. (a) DESIGNATION.—Pursuant to paragraph 4 ‘‘Technical Secretariat’’ means the Tech- (G) arsenic trichloride. of Article VII of the Chemical Weapons Con- nical Secretariat of the Organization for the (H) 2,2-Diphenyl-2-hydroxyacetic acid. vention, the President shall designate the Prohibition of Chemical Weapons established (I) Quinuclidine-3-ol. Department of State to be the United States by the Chemical Weapons Convention. (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) National Authority. (10) SCHEDULE 1 CHEMICAL AGENT.—The aminoethyl-2-chlorides and corresponding (b) PURPOSES.—The United States National term ‘Schedule 1 chemical agent’ means any protonated salts. Authority shall— of the following, together or separately: (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) (1) serve as the national focal point for ef- fective liaison with the Organization for the (A) O-Alkyl (≤C10, incl. cycloalkyl) alkyl aminoethane-2-ols and corresponding (Me, Et, n-Pr or i-Pr)-phosphonofluoridates protonated salts Prohibition of Chemical Weapons and other (e.g. Sarin: O-Isopropyl Exemptions: N,N-Dimethylaminoethanol States Parties to the Convention; and methylphosphonofluoridate Soman: O- and corresponding protonated salts N,N- (2) implement the provisions of this title in Pinacolyl methylphosphonofluoridate). Diethylaminoethanol and corresponding coordination with an interagency group des- ignated by the President consisting of the (B) O-Alkyl (≤C10, incl. cycloalkyl) N,N- protonated salts. dialkyl (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) Secretary of Commerce, Secretary of De- (Me, Et, n-Pr or i-Pr)- aminoethane-2-thiols and corresponding fense, Secretary of Energy, the Attorney phosphoramidocyanidates protonated salts. General, and the heads of agencies consid- (e.g. Tabun: O-Ethyl N,N-dimethyl (M) Thiodiglycol: Bis(2- ered necessary or advisable by the President. phosphoramidocyanidate). hydroxyethyl)sulfide. (c) DIRECTOR.—The Secretary of State shall serve as the Director of the United (C) O-Alkyl (H or ≤C10, incl. cycloalkyl) S- (N) Pinacolyl alcohol: 3,3-Dimethylbutane- 2-dialkyl 2-ol. States National Authority. (d) POWERS.—The Director may utilize the (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (12) SCHEDULE 3 CHEMICAL AGENT.—The administrative authorities otherwise avail- (Me, Et, n-Pr or i-Pr) phosphonothiolates term ‘Schedule 3 chemical agent’ means any able to the Secretary of State in carrying and corresponding alkylated or protonated the following, together or separately: out the responsibilities of the Director set salts (A) Phosgene: carbonyl dichloride. forth in this title. (e.g. VX: O-Ethyl S-2- (B) Cyanogen chloride. (e) IMPLEMENTATION.—The President is au- diisopropylaminoethyl methyl (C) Hydrogen cyanide. thorized to implement and carry out the pro- phosphonothiolate). (D) Chloropicrin: trichloronitromethane. visions of this title and the Convention and (D) Sulfur mustards: (E) Phosphorous oxychloride. shall designate through Executive order 2-Chloroethylchloromethylsulfide (F) Phosphorous trichloride. which agencies of the United States shall Mustard gas: (Bis(2-chloroethyl)sulfide (G) Phosphorous pentachloride. issue, amend, or revise the regulations in Bis(2-chloroethylthio)methane (H) Trimethyl phosphite. order to implement this title and the provi- Sesquimustard: 1,2-Bis(2- (I) Triethyl phosphite. sions of the Convention. The Director of the chloroethylthio)ethane (J) Dimethyl phosphite. United States National Authority shall re- 1,3-Bis(2-chloroethylthio)-n-propane (K) Diethyl phosphite. port to the Congress on the regulations that 1,4-Bis(2-chloroethylthio)-n-butane (L) Sulfur monochloride. have been issued, implemented, or revised 1,5-Bis(2-chloroethylthio)-n-pentane (M) Sulfur dichloride. pursuant to this section. Bis(2-chloroethylthiomethyl)ether (N) Thionyl chloride. SEC. 212. NO ABRIDGEMENT OF CONSTITU- O-Mustard: Bis(2- (O) Ethyldiethanolamine. TIONAL RIGHTS. chloroethylthioethyl)ether. (P) Methyldiethanolamine. No person may be required, as a condition (E) Lewisites: (Q) Triethanolamine. for entering into a contract with the United Lewisite 1: 2-Chlorovinyldichloroarsine (13) TOXIC CHEMICAL.— States or as a condition for receiving any Lewisite 2: Bis(2-chlorovinyl)chloroarsine (A) IN GENERAL.—The term ‘‘toxic chemi- benefit from the United States, to waive any Lewisite 3: Tris (2-clorovinyl)arsine. cal’’ means any chemical which through its right under the Constitution for any purpose (F) Nitrogen mustards: chemical action on life processes can cause related to this title or the Convention. HN1: Bis(2-chloroethyl)ethylamine death, temporary incapacitation or perma- SEC. 213. CIVIL LIABILITY OF THE UNITED HN2: Bis(2-chloroethyl)methylamine nent harm to humans or animals. The term STATES. HN3: Tris(2-chloroethyl)amine. includes all such chemicals, regardless of (a) CLAIMS FOR TAKING OF PROPERTY.— (G) Saxitoxin. their origin or of their method of production, (1) JURISDICTION OF COURTS OF THE UNITED (H) Ricin. and regardless of whether they are produced STATES.— (I) Alkyl (Me, Et, n-Pr or i-Pr) in facilities, in munitions or elsewhere. (A) UNITED STATES COURT OF FEDERAL phosphonyldifluorides (B) LIST OF TOXIC CHEMICALS.—Toxic CLAIMS.—The United States Court of Federal e.g. DF: Methylphosphonyldifluoride. chemicals which have been identified for the Claims shall, subject to subparagraph (B), (J) O-Alkyl (H or ≤C10, incl. cycloalkyl)O-2- application of verification measures under have jurisdiction of any civil action or claim dialkyl Article VI of the Convention are listed in against the United States for any taking of (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl schedules contained in the Annex on Chemi- property without just compensation that oc- (Me, Et, n-Pr or i-Pr) phosphonites and cals of the Chemical Weapons Convention. curs by reason of the action of any officer or corresponding alkylated or protonated salts (14) UNITED STATES.—The term ‘‘United employee of the Organization for the Prohi- e.g. QL: O-Ethyl O-2-diisopropylaminoethyl States’’ means the several States of the bition of Chemical Weapons, including any methylphosphonite. United States, the District of Columbia, and member of an inspection team of the Tech- (K) Chlorosarin: O-Isopropyl the commonwealths, territories, and posses- nical Secretariat, or by reason of the action methylphosphonochloridate. sions of the United States and includes all of any officer or employee of the United (L) Chlorosoman: O-Pinacolyl places under the jurisdiction or control of States pursuant to this title or the Conven- methylphosphonochloridate. the United States, including— tion. For purposes of this subsection, action (11) SCHEDULE 2 CHEMICAL AGENT.—The (A) any of the places within the provisions taken pursuant to or under the color of this term ‘Schedule 2 chemical agent’ means the of paragraph (41) of section 40102 of title 49, title or the Convention shall be deemed to be following, together or separately: United States Code; action taken by the United States for a pub- (A) Amiton: O,O-Diethyl S-[2- (B) any civil aircraft of the United States lic purpose. (diethylamino)ethyl] or public aircraft, as such terms are defined (B) DISTRICT COURTS.—The district courts phosphorothiolate and corresponding in paragraphs (17) and (37), respectively, of of the United States shall have original ju- alkylated or protonated salts. section 40102 of title 49, United States Code; risdiction, concurrent with the United (B) PFIB: 1,1,3,3,3-Pentafluoro-2- and States Court of Federal Claims, of any civil (trifluoromethyl)-1-propene. (C) any vessel of the United States, as such action or claim described in subparagraph (C) BZ: 3-Quinuclidinyl benzilate term is defined in section 3(b) of the Mari- (A) that does not exceed $10,000. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10649

(2) NOTIFICATION.—Any person intending to dress in the courts of the foreign nation from States bank from making any loan or provid- bring a civil action pursuant to paragraph (1) which the inspector is a national. ing any credit to a person described in sub- shall notify the United States National Au- (3) ACTIONS BROUGHT BY INDIVIDUALS AND paragraph (A). thority of that intent at least one year be- BUSINESSES.—Notwithstanding any other (vi) BLOCKING OF ASSETS.—The President fore filing the claim in the United States law, any national of the United States, or shall take all steps necessary to block any Court of Federal Claims. Action on any any business entity organized and operating transactions in any property subject to the claim filed during that one-year period shall under the laws of the United States, may jurisdiction of the United States in which a be stayed. The one-year period following the bring a civil action in a United States Dis- person described in subparagraph (A) has any notification shall not be counted for pur- trict Court for money damages against any interest whatsoever, for the purpose of re- poses of any law limiting the period within foreign national or any business entity orga- couping funds in accordance with the policy which the civil action may be commenced. nized and operating under the laws of a for- in paragraph (1). (3) INITIAL STEPS BY UNITED STATES GOVERN- eign nation for an unauthorized or unlawful (vii) DENIAL OF LANDING RIGHTS.—Landing MENT TO SEEK REMEDIES.—During the period acquisition, receipt, transmission, or use of rights in the United States shall be denied to between a notification pursuant to para- property by or on behalf of such foreign na- any private aircraft or air carrier owned by graph (2) and the filing of a claim covered by tional or business entity as a result of any a person described in subparagraph (A) ex- the notification in the United States Court tort under the Constitution or any Federal cept as necessary to provide for emergencies of Federal Claims, the United States Na- or State law arising from acts or omissions in which the safety of the aircraft or its crew tional Authority shall pursue all diplomatic by any officer or employee of the United or passengers is threatened. and other remedies that the United States States or any member of an inspection team (3) SANCTIONS ON FOREIGN GOVERNMENTS.— National Authority considers necessary and of the Technical Secretariat taken pursuant (A) IMPOSITION OF SANCTIONS.—Whenever appropriate to seek redress for the claim in- to or under the color of the Convention or the President determines that persuasive in- cluding, but not limited to, the remedies pro- this title. formation is available indicating that a for- vided for in the Convention and under this (e) RECOUPMENT.— eign country has knowingly assisted, encour- title. (1) POLICY.—It is the policy of the United aged or induced, in any way, a person de- (4) BURDEN OF PROOF.—In any civil action States to recoup all funds withdrawn from scribed in paragraph (2)(A) to publish, di- under paragraph (1), the plaintiff shall have the Treasury of the United States in pay- vulge, disclose, or make known in any man- the burden to establish a prima facie case ment for any tort under Federal or State law ner or to any extent not authorized by the that, due to acts or omissions of any official or taking under the Constitution arising Convention any United States confidential of the Organization or any member of an in- from the acts or omissions of any foreign business information, the President shall, spection team of the Technical Secretariat person, officer, or employee of the Organiza- within 30 days after the receipt of such infor- taken under the color of the Convention, tion, including any member of an inspection mation by the executive branch of Govern- proprietary information of the plaintiff has team of the Technical Secretariat, taken ment, notify the Congress in writing of such been divulged or taken without authoriza- under color of the Chemical Weapons Con- determination and, subject to the require- tion. If the United States Court of Federal vention or this title. ments of paragraphs (4) and (5), impose the Claims finds that the plaintiff has dem- (2) SANCTIONS ON FOREIGN COMPANIES.— sanctions provided under subparagraph (B) onstrated such a prima facie case, the burden (A) IMPOSITION OF SANCTIONS.—The sanc- for a period of not less than five years. shall shift to the United States to disprove tions provided in subparagraph (B) shall be (B) SANCTIONS.— the plaintiff’s claim. In deciding whether the imposed for a period of not less than ten (i) ARMS EXPORT TRANSACTIONS.—The Unit- plaintiff has carried its burden, the United years upon— ed States Government shall not sell a coun- States Court of Federal Claims shall con- (i) any foreign person, officer, or employee try described in subparagraph (A) any item of the Organization, including any member sider, among other things— on the United States Munitions List, shall of an inspection team of the Technical Sec- (A) the value of proprietary information; terminate sales of any defense articles, de- retariat, for whose actions or omissions the (B) the availability of the proprietary in- fense services, or design and construction United States has been held liable for a tort formation; services to that country under the Arms Ex- or taking pursuant to this title; and (C) the extent to which the proprietary in- port Control Act, and shall terminate all for- (ii) any foreign person or business entity formation is based on patents, trade secrets, eign military financing for that country organized and operating under the laws of a or other protected intellectual property; under the Arms Export Control Act. foreign nation which knowingly assisted, en- (ii) DENIAL OF CERTAIN LICENSES.—Licenses (D) the significance of proprietary infor- couraged or induced, in any way, a foreign shall not be issued for the export to the sanc- mation; and person described in clause (i) to publish, di- tioned country of any item on the United (E) the emergence of technology elsewhere vulge, disclose, or make known in any man- States Munitions List or commercial sat- a reasonable time after the inspection. ner or to any extent not authorized by the ellites. (b) TORT LIABILITY.—The district courts of Convention any United States confidential the United States shall have exclusive juris- (iii) DENIAL OF ASSISTANCE.—No appro- business information. diction of civil actions for money damages priated funds may be used for the purpose of for any tort under the Constitution or any (B) SANCTIONS.— providing economic assistance, providing Federal or State law arising from the acts or (i) ARMS EXPORT TRANSACTIONS.—The Unit- military assistance or grant military edu- omissions of any officer or employee of the ed States Government shall not sell to a per- cation and training, or extending military United States or the Organization, including son described in subparagraph (A) any item credits or making guarantees to a country any member of an inspection team of the on the United States Munitions List and described in subparagraph (A). Technical Secretariat, taken pursuant to or shall terminate sales of any defense articles, (iv) SANCTIONS UNDER EXPORT ADMINISTRA- under color of the Convention or this title. defense services, or design and construction TION ACT OF 1979.—The authorities of section (c) WAIVER OF SOVEREIGN IMMUNITY OF THE services to a person described in subpara- 6 of the Export Administration Act of 1979 UNITED STATES.—In any action under sub- graph (A) under the Arms Export Control shall be used to prohibit the export of any section (a) or (b), the United States may not Act. goods or technology on the control list es- raise sovereign immunity as a defense. (ii) SANCTIONS UNDER EXPORT ADMINISTRA- tablished pursuant to section 5(c)(1) of that (d) AUTHORITY FOR CAUSE OF ACTION.— TION ACT OF 1979.—The authorities under sec- Act to a country described in subparagraph (1) UNITED STATES ACTIONS IN UNITED tion 6 of the Export Administration Act of (A). STATES DISTRICT COURT.—Notwithstanding 1979 shall be used to prohibit the export of (v) INTERNATIONAL FINANCIAL ASSISTANCE.— any other law, the Attorney General of the any goods or technology on the control list The United States shall oppose any loan or United States is authorized to bring an ac- established pursuant to section 5(c)(1) of that financial or technical assistance by inter- tion in the United States District Court for Act to a person described in subparagraph national financial institutions in accordance the District of Columbia against any foreign (A). with section 701 of the International Finan- nation for money damages resulting from (iii) INTERNATIONAL FINANCIAL ASSIST- cial Institutions Act to a country described that nation’s refusal to provide indemnifica- ANCE.—The United States shall oppose any in subparagraph (A). tion to the United States for any liability loan or financial or technical assistance by (vi) TERMINATION OF ASSISTANCE UNDER imposed on the United States by virtue of international financial institutions in ac- FOREIGN ASSISTANCE ACT OF 1961.—The United the actions of an inspector of the Technical cordance with section 701 of the Inter- States shall terminate all assistance to a Secretariat who is a national of that foreign national Financial Institutions Act to a per- country described in subparagraph (A) under nation acting at the direction or the behest son described in subparagraph (A). the Foreign Assistance Act of 1961, except for of that foreign nation. (iv) EXPORT-IMPORT BANK TRANSACTIONS.— urgent humanitarian assistance. (2) UNITED STATES ACTIONS IN COURTS OUT- The United States shall not give approval to (vii) PRIVATE BANK TRANSACTIONS.—The SIDE THE UNITED STATES.—The Attorney Gen- guarantee, insure, or extend credit, or to United States shall not give approval to eral is authorized to seek any and all avail- participate in the extension of credit to a guarantee, insure, or extend credit, or par- able redress in any international tribunal for person described in subparagraph (A) ticipate in the extension of credit through indemnification to the United States for any through the Export-Import Bank of the Unit- the Export-Import Bank of the United States liability imposed on the United States by ed States. to a country described in subparagraph (A). virtue of the actions of an inspector of the (v) PRIVATE BANK TRANSACTIONS.—Regula- (viii) PRIVATE BANK TRANSACTIONS.—Regu- Technical Secretariat, and to seek such re- tions shall be issued to prohibit any United lations shall be issued to prohibit any United H10650 CONGRESSIONAL RECORD — HOUSE November 12, 1997 States bank from making any loan or provid- commercial or financial information that is ‘‘§ 229A. Penalties ing any credit to a country described in sub- privileged and confidential— ‘‘(a) CRIMINAL PENALTIES.— paragraph (A). (1) including— ‘‘(1) IN GENERAL.—Any person who violates (ix) DENIAL OF LANDING RIGHTS.—Landing (A) data described in section 234(e)(2) of section 229 of this title shall be fined under rights in the United States shall be denied to this Act, this title, or imprisoned for any term of any air carrier owned by a country described (B) any chemical structure, years, or both. in subparagraph (A), except as necessary to (C) any plant design process, technology, ‘‘(2) DEATH PENALTY.—Any person who vio- provide for emergencies in which the safety or operating method, lates section 229 of this title and by whose of the aircraft or its crew or passengers is (D) any operating requirement, input, or action the death of another person is the re- threatened. result that identifies any type or quantity of sult shall be punished by death or impris- (4) SUSPENSION OF SANCTIONS UPON chemicals used, processed, or produced, or oned for life. RECOUPMENT BY PAYMENT.—Sanctions im- (E) any commercial sale, shipment, or use ‘‘(b) CIVIL PENALTIES.— posed under paragraph (2) or (3) may be sus- of a chemical, or ‘‘(1) IN GENERAL.—The Attorney General pended if the sanctioned person, business en- (2) as described in section 552(b)(4) of title may bring a civil action in the appropriate tity, or country, within the period specified 5, United States Code, United States district court against any per- in that paragraph, provides full and complete and that is obtained— son who violates section 229 of this title and, compensation to the United States Govern- (i) from a United States person; or upon proof of such violation by a preponder- ment, in convertible foreign exchange or (ii) through the United States Government ance of the evidence, such person shall be other mutually acceptable compensation or the conduct of an inspection on United subject to pay a civil penalty in an amount equivalent to the full value thereof, in satis- States territory under the Convention. not to exceed $100,000 for each such violation. faction of a tort or taking for which the Subtitle B—Penalties for Unlawful Activities ‘‘(2) RELATION TO OTHER PROCEEDINGS.—The United States has been held liable pursuant Subject to the Jurisdiction of the United imposition of a civil penalty under this sub- to this title. States section does not preclude any other criminal (5) WAIVER OF SANCTIONS ON FOREIGN COUN- or civil statutory, common law, or adminis- CHAPTER 1—CRIMINAL AND CIVIL TRIES.—The President may waive some or all trative remedy, which is available by law to of the sanctions provided under paragraph (3) PENALTIES the United States or any other person. in a particular case if he determines and cer- SEC. 221. CRIMINAL AND CIVIL PROVISIONS. ‘‘(c) REIMBURSEMENT OF COSTS.—The court tifies in writing to the Speaker of the House (a) IN GENERAL.—Part I of title 18, United shall order any person convicted of an of- of Representatives and the Committee on States Code, is amended by inserting after fense under subsection (a) to reimburse the Foreign Relations of the Senate that such chapter 11A the following new chapter: United States for any expenses incurred by waiver is necessary to protect the national ‘‘CHAPTER 11B—CHEMICAL WEAPONS the United States incident to the seizure, security interests of the United States. The ‘‘Sec. storage, handling, transportation, and de- certification shall set forth the reasons sup- ‘‘229. Prohibited activities. struction or other disposition of any prop- porting the determination and shall take ef- ‘‘229A. Penalties. erty that was seized in connection with an fect on the date on which the certification is ‘‘229B. Criminal forfeitures; destruction of investigation of the commission of the of- received by the Congress. weapons. fense by that person. A person ordered to re- (6) NOTIFICATION TO CONGRESS.—Not later ‘‘229C. Individual self-defense devices. imburse the United States for expenses than five days after sanctions become effec- ‘‘229D. Injunctions. under this subsection shall be jointly and tive against a foreign person pursuant to ‘‘229E. Requests for military assistance to severally liable for such expenses with each this title, the President shall transmit writ- enforce prohibition in certain other person, if any, who is ordered under ten notification of the imposition of sanc- emergencies. this subsection to reimburse the United tions against that foreign person to the ‘‘229F. Definitions. States for the same expenses. chairmen and ranking members of the Com- ‘‘§ 229. Prohibited activities ‘‘§ 229B. Criminal forfeitures; destruction of mittee on International Relations of the ‘‘(a) UNLAWFUL CONDUCT.—Except as pro- weapons House of Representatives and the Committee vided in subsection (b), it shall be unlawful ‘‘(a) PROPERTY SUBJECT TO CRIMINAL FOR- on Foreign Relations of the Senate. for any person knowingly— FEITURE.—Any person convicted under sec- (f) SANCTIONS FOR UNAUTHORIZED DISCLO- ‘‘(1) to develop, produce, otherwise acquire, tion 229A(a) shall forfeit to the United States SURE OF UNITED STATES CONFIDENTIAL BUSI- transfer directly or indirectly, receive, irrespective of any provision of State law— NESS INFORMATION.—The Secretary of State stockpile, retain, own, possess, or use, or ‘‘(1) any property, real or personal, owned, shall deny a visa to, and the Attorney Gen- threaten to use, any chemical weapon; or possessed, or used by a person involved in eral shall exclude from the United States ‘‘(2) to assist or induce, in any way, any the offense; any alien who, after the date of enactment of person to violate paragraph (1), or to at- ‘‘(2) any property constituting, or derived this Act— tempt or conspire to violate paragraph (1). from, and proceeds the person obtained, di- (1) is, or previously served as, an officer or ‘‘(b) EXEMPTED AGENCIES AND PERSONS.— rectly or indirectly, as the result of such vio- employee of the Organization and who has ‘‘(1) IN GENERAL.—Subsection (a) does not lation; and willfully published, divulged, disclosed, or apply to the retention, ownership, posses- ‘‘(3) any of the property used in any man- made known in any manner or to any extent sion, transfer, or receipt of a chemical weap- ner or part, to commit, or to facilitate the not authorized by the Convention any United on by a department, agency, or other entity commission of, such violation. States confidential business information of the United States, or by a person de- The court, in imposing sentence on such per- coming to him in the course of his employ- scribed in paragraph (2), pending destruction son, shall order, in addition to any other sen- ment or official duties, or by reason of any of the weapon. tence imposed pursuant to section 229A(a), examination or investigation of any return, ‘‘(2) EXEMPTED PERSONS.—A person referred that the person forfeit to the United States report, or record made to or filed with the to in paragraph (1) is— all property described in this subsection. In Organization, or any officer or employee ‘‘(A) any person, including a member of the lieu of a fine otherwise authorized by section thereof, such practice or disclosure having Armed Forces of the United States, who is 229A(a), a defendant who derived profits or resulted in financial loses or damages to a authorized by law or by an appropriate offi- other proceeds from an offense may be fined United States person and for which actions cer of the United States to retain, own, pos- not more than twice the gross profits or or omissions the United States has been sess, transfer, or receive the chemical weap- other proceeds. found liable of a tort or taking pursuant to on; or ‘‘(b) PROCEDURES.— this title; ‘‘(B) in an emergency situation, any other- ‘‘(1) GENERAL.—Property subject to forfeit- (2) traffics in United States confidential wise nonculpable person if the person is at- ure under this section, any seizure and dis- business information, a proven claim to tempting to destroy or seize the weapon. position thereof, and any administrative or which is owned by a United States national; ‘‘(c) JURISDICTION.—Conduct prohibited by judicial proceeding in relation thereto, shall (3) is a corporate officer, principal, share- subsection (a) is within the jurisdiction of be governed by subsections (b) through (p) of holder with a controlling interest of an en- the United States if the prohibited conduct— section 413 of the Comprehensive Drug Abuse tity which has been involved in the unau- ‘‘(1) takes place in the United States; Prevention and Control Act of 1970 (21 U.S.C. thorized disclosure of United States con- ‘‘(2) takes place outside of the United 853), except that any reference under those fidential business information, a proven States and is committed by a national of the subsections to— claim to which is owned by a United States United States; ‘‘(A) ‘this subchapter or subchapter II’ national; or ‘‘(3) is committed against a national of the shall be deemed to be a reference to section (4) is a spouse, minor child, or agent of a United States while the national is outside 229A(a); and person excludable under paragraph (1), (2), or the United States; or ‘‘(B) ‘subsection (a)’ shall be deemed to be (3). ‘‘(4) is committed against any property a reference to subsection (a) of this section. (g) UNITED STATES CONFIDENTIAL BUSINESS that is owned, leased, or used by the United ‘‘(2) TEMPORARY RESTRAINING ORDERS.— INFORMATION DEFINED.—In this section, the States or by any department or agency of ‘‘(A) IN GENERAL.—For the purposes of for- term ‘‘United States confidential business the United States, whether the property is feiture proceedings under this section, a information’’ means any trade secrets or within or outside the United States. temporary restraining order may be entered November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10651

upon application of the United States with- type and quantity is consistent with such a ‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic out notice or opportunity for a hearing when purpose. chemicals which have been identified for the an information or indictment has not yet ‘‘(B) A munition or device, specifically de- application of verification measures under been filed with respect to the property, if, in signed to cause death or other harm through Article VI of the Convention are listed in addition to the circumstances described in toxic properties of those toxic chemicals schedules contained in the Annex on Chemi- section 413(e)(2) of the Comprehensive Drug specified in subparagraph (A), which would cals of the Chemical Weapons Convention. Abuse Prevention and Control Act of 1970 (21 be released as a result of the employment of ‘‘(9) UNITED STATES.—The term ‘United U.S.C. 853(e)(2)), the United States dem- such munition or device. States’ means the several States of the Unit- onstrates that there is probable cause to be- ‘‘(C) Any equipment specifically designed ed States, the District of Columbia, and the lieve that the property with respect to which for use directly in connection with the em- commonwealths, territories, and possessions the order is sought would, in the event of ployment of munitions or devices specified of the United States and includes all places conviction, be subject to forfeiture under in subparagraph (B). under the jurisdiction or control of the Unit- this section and exigent circumstances exist ‘‘(2) CHEMICAL WEAPONS CONVENTION; CON- ed States, including— that place the life or health of any person in VENTION.—The terms ‘Chemical Weapons ‘‘(A) any of the places within the provi- danger. Convention’ and ‘Convention’ mean the Con- sions of paragraph (41) of section 40102 of ‘‘(B) WARRANT OF SEIZURE.—If the court en- vention on the Prohibition of the Develop- title 49; ters a temporary restraining order under ment, Production, Stockpiling and Use of ‘‘(B) any civil aircraft of the United States this paragraph, it shall also issue a warrant Chemical Weapons and on Their Destruction, or public aircraft, as such terms are defined authorizing the seizure of such property. opened for signature on January 13, 1993. in paragraphs (17) and (37), respectively, of ‘‘(C) APPLICABLE PROCEDURES.—The proce- ‘‘(3) KEY COMPONENT OF A BINARY OR MULTI- section 40102 of title 49; and dures and time limits applicable to tem- COMPONENT CHEMICAL SYSTEM.—The term ‘‘(C) any vessel of the United States, as porary restraining orders under section ‘key component of a binary or multicompo- such term is defined in section 3(b) of the 413(e) (2) and (3) of the Comprehensive Drug nent chemical system’ means the precursor Maritime Drug Law Enforcement Act (46 Abuse Prevention and Control Act of 1970 (21 which plays the most important role in de- U.S.C. App. 1903(b)).’’. U.S.C. 853(e) (2) and (3)) shall apply to tem- termining the toxic properties of the final (b) CONFORMING AMENDMENTS.— porary restraining orders under this para- product and reacts rapidly with other chemi- (1) WEAPONS OF MASS DESTRUCTION.—Sec- graph. cals in the binary or multicomponent sys- tion 2332a of title 18, United States Code, is ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- tem. amended— firmative defense against a forfeiture under ‘‘(4) NATIONAL OF THE UNITED STATES.—The (A) by striking ‘‘§ 2332a. Use of weapons of subsection (b) that the property— term ‘national of the United States’ has the mass destruction’’ and inserting ‘‘§ 2332a. ‘‘(1) is for a purpose not prohibited under same meaning given such term in section Use of certain weapons of mass destruction’’; the Chemical Weapons Convention; and 101(a)(22) of the Immigration and Nationality (B) in subsection (a), by inserting ‘‘(other ‘‘(2) is of a type and quantity that under Act (8 U.S.C. 1101(a)(22)). than a chemical weapon as that term is de- the circumstances is consistent with that ‘‘(5) PERSON.—The term ‘person’, except as fined in section 229F)’’ after ‘‘weapon of mass purpose. otherwise provided, means any individual, destruction’’; and ‘‘(d) DESTRUCTION OR OTHER DISPOSITION.— corporation, partnership, firm, association, (C) in subsection (b), by inserting ‘‘(other The Attorney General shall provide for the trust, estate, public or private institution, than a chemical weapon (as that term is de- destruction or other appropriate disposition any State or any political subdivision there- fined in section 229F))’’ after ‘‘weapon of of any chemical weapon seized and forfeited of, or any political entity within a State, mass destruction’’. any foreign government or nation or any pursuant to this section. (2) TABLE OF CHAPTERS.—The table of chap- agency, instrumentality or political subdivi- ‘‘(e) ASSISTANCE.—The Attorney General ters for part I of title 18, United States Code, sion of any such government or nation, or may request the head of any agency of the is amended by inserting after the item for other entity located in the United States. United States to assist in the handling, stor- chapter 11A the following new item: ‘‘(6) PRECURSOR.— age, transportation, or destruction of prop- ‘‘11B. Chemical Weapons ...... 229’’. erty seized under this section. ‘‘(A) IN GENERAL.—The term ‘precursor’ (c) REPEALS.—The following provisions of ‘‘(f) OWNER LIABILITY.—The owner or pos- means any chemical reactant which takes sessor of any property seized under this sec- part at any stage in the production by what- law are repealed: tion shall be liable to the United States for ever method of a toxic chemical. The term (1) Section 2332c of title 18, United States any expenses incurred incident to the sei- includes any key component of a binary or Code, relating to chemical weapons. zure, including any expenses relating to the multicomponent chemical system. (2) In the table of sections for chapter 113B handling, storage, transportation, and de- ‘‘(B) LIST OF PRECURSORS.—Precursors of title 18, United States Code, the item re- struction or other disposition of the seized which have been identified for the applica- lating to section 2332c. property. tion of verification measures under Article CHAPTER 2—REVOCATIONS OF EXPORT VI of the Convention are listed in schedules PRIVILEGES ‘‘§ 229C. Individual self-defense devices contained in the Annex on Chemicals of the SEC. 222. REVOCATIONS OF EXPORT PRIVILEGES. ‘‘Nothing in this chapter shall be con- Chemical Weapons Convention. If the President determines, after notice strued to prohibit any individual self-defense ‘‘(7) PURPOSES NOT PROHIBITED BY THIS and an opportunity for a hearing in accord- device, including those using a pepper spray CHAPTER.—The term ‘purposes not prohibited ance with section 554 of title 5, United States or chemical mace. by this chapter’ means the following: Code, that any person within the United ‘‘§ 229D. Injunctions ‘‘(A) PEACEFUL PURPOSES.—Any peaceful purpose related to an industrial, agricul- States, or any national of the United States ‘‘The United States may obtain in a civil located outside the United States, has com- action an injunction against— tural, research, medical, or pharmaceutical activity or other activity. mitted any violation of section 229 of title 18, ‘‘(1) the conduct prohibited under section United States Code, the President may issue 229 or 229C of this title; or ‘‘(B) PROTECTIVE PURPOSES.—Any purpose directly related to protection against toxic an order for the suspension or revocation of ‘‘(2) the preparation or solicitation to en- the authority of the person to export from gage in conduct prohibited under section 229 chemicals and to protection against chemi- cal weapons. the United States any goods or technology or 229D of this title. (as such terms are defined in section 16 of ‘‘(C) UNRELATED MILITARY PURPOSES.—Any ‘‘§ 229E. Requests for military assistance to military purpose of the United States that is the Export Administration Act of 1979 (50 enforce prohibition in certain emergencies not connected with the use of a chemical U.S.C. App. 2415)). ‘‘The Attorney General may request the weapon or that is not dependent on the use Subtitle C—Inspections Secretary of Defense to provide assistance of the toxic or poisonous properties of the SEC. 231. DEFINITIONS IN THE SUBTITLE. under section 382 of title 10 in support of De- chemical weapon to cause death or other (a) IN GENERAL.—In this subtitle, the terms partment of Justice activities relating to the harm. ‘‘challenge inspection’’, ‘‘plant site’’, enforcement of section 229 of this title in an ‘‘(D) LAW ENFORCEMENT PURPOSES.—Any ‘‘plant’’, ‘‘facility agreement’’, ‘‘inspection emergency situation involving a chemical law enforcement purpose, including any do- team’’, and ‘‘requesting state party’’ have weapon. The authority to make such a re- mestic riot control purpose and including the meanings given those terms in Part I of quest may be exercised by another official of imposition of capital punishment. the Annex on Implementation and Verifica- the Department of Justice in accordance ‘‘(8) TOXIC CHEMICAL.— tion of the Chemical Weapons Convention. with section 382(f)(2) of title 10. ‘‘(A) IN GENERAL.—The term ‘toxic chemi- The term ‘‘routine inspection’’ means an in- ‘‘§ 229F. Definitions cal’ means any chemical which through its spection, other than an ‘‘initial inspection’’, ‘‘In this chapter: chemical action on life processes can cause undertaken pursuant to Article VI of the ‘‘(1) CHEMICAL WEAPON.—The term ‘chemi- death, temporary incapacitation or perma- Convention. cal weapon’ means the following, together or nent harm to humans or animals. The term (b) DEFINITION OF JUDGE OF THE UNITED separately: includes all such chemicals, regardless of STATES.—In this subtitle, the term ‘‘judge of ‘‘(A) A toxic chemical and its precursors, their origin or of their method of production, the United States’’ means a judge or mag- except where intended for a purpose not pro- and regardless of whether they are produced istrate judge of a district court of the United hibited under this chapter as long as the in facilities, in munitions or elsewhere. States. H10652 CONGRESSIONAL RECORD — HOUSE November 12, 1997 SEC. 232. FACILITY AGREEMENTS. (B) no employee of the Environmental Pro- tion, except that a notice shall not be re- (a) AUTHORIZATION OF INSPECTIONS.—In- tection Agency or the Occupational Safety quired for each entry made during the period spections by the Technical Secretariat of and Health Administration accompanies any covered by the inspection. plants, plant sites, or other facilities or loca- inspection team visit conducted pursuant to (c) CREDENTIALS.—The head of the inspec- tions for which the United States has a facil- paragraph (1); and tion team of the Technical Secretariat and ity agreement with the Organization shall be (C) the number of duly designated rep- the accompanying employees of the Federal conducted in accordance with the facility resentatives shall be kept to the minimum government shall display appropriate identi- agreement. Any such facility agreement may necessary. fying credentials to the owner, operator, oc- not in any way limit the right of the owner (3) OBJECTIONS TO INDIVIDUALS SERVING AS cupant, or agent in charge of the premises or operator of the facility to withhold con- INSPECTORS.— before the inspection is commenced. sent to an inspection request. (A) IN GENERAL.—In deciding whether to (d) TIMEFRAME FOR INSPECTIONS.—Consist- (b) TYPES OF FACILITY AGREEMENTS.— exercise the right of the United States under ent with the provisions of the Convention, (1) SCHEDULE TWO FACILITIES.—The United the Convention to object to an individual each inspection shall be commenced and States National Authority shall ensure that serving as an inspector, the President shall completed with reasonable promptness and facility agreements for plants, plant sites, or give great weight to his reasonable belief shall be conducted at reasonable times, with- other facilities or locations that are subject that— in reasonable limits, and in a reasonable to inspection pursuant to paragraph 4 of Ar- (i) such individual is or has been a member manner. ticle VI of the Convention are concluded un- of, or a participant in, any group or organi- (e) SCOPE.— less the owner, operator, occupant, or agent zation that has engaged in, or attempted or (1) IN GENERAL.—Except as provided in a in charge of the facility and the Technical conspired to engage in, or aided or abetted in warrant issued under section 235 or a facility Secretariat agree that such an agreement is the commission of, any terrorist act or ac- agreement entered into under section 232, an not necessary. tivity; inspection conducted under this subtitle may (2) SCHEDULE THREE FACILITIES.—The Unit- (ii) such individual has committed any act extend to all things within the premises in- ed States National Authority shall ensure or activity which would be a felony under spected (including records, files, papers, that facility agreements are concluded for the laws of the United States; or processes, controls, structures and vehicles) plants, plant sites, or other facilities or loca- (iii) the participation of such individual as related to whether the requirements of the tions that are subject to inspection pursuant a member of an inspection team would pose Convention applicable to such premises have to paragraph 5 or 6 of Article VI of the Con- a risk to the national security or economic been complied with. vention if so requested by the owner, opera- well-being of the United States. (2) EXCEPTION.—Unless required by the tor, occupant, or agent in charge of the facil- (B) NOT SUBJECT TO JUDICIAL REVIEW.—Any Convention, no inspection under this subtitle ity. objection by the President to an individual shall extend to— (c) NOTIFICATION REQUIREMENTS.—The serving as an inspector, whether made pursu- (A) financial data; United States National Authority shall en- ant to this section or otherwise, shall not be (B) sales and marketing data (other than sure that the owner, operator, occupant, or reviewable in any court. shipment data); agent in charge of a facility prior to the de- SEC. 234. PROCEDURES FOR INSPECTIONS. (C) pricing data; velopment of the agreement relating to that (a) TYPES OF INSPECTIONS.—Each inspec- (D) personnel data; facility is notified and, if the person notified tion of a plant, plant site, or other facility or (E) research data; so requests, the person may participate in location in the United States under the Con- (F) patent data; the preparations for the negotiation of such vention shall be conducted in accordance (G) data maintained for compliance with an agreement. To the maximum extent prac- with this section and section 235, except environmental or occupational health and ticable consistent with the Convention, the where other procedures are provided in a fa- safety regulations; or owner and the operator, occupant or agent in cility agreement entered into under section (H) personnel and vehicles entering and charge of a facility may observe negotiations 232. personnel and personal passenger vehicles of the agreement between the United States (b) NOTICE.— exiting the facility. and the Organization concerning that facil- (1) IN GENERAL.—An inspection referred to (f) SAMPLING AND SAFETY.— ity. in subsection (a) may be made only upon is- (1) IN GENERAL.—The Director of the Unit- (d) CONTENT OF FACILITY AGREEMENTS.— suance of an actual written notice by the Facility agreements shall— United States National Authority to the ed States National Authority is authorized (1) identify the areas, equipment, comput- owner and to the operator, occupant, or to require the provision of samples to a ers, records, data, and samples subject to in- agent in charge of the premises to be in- member of the inspection team of the Tech- spection; spected. nical Secretariat in accordance with the pro- (2) describe the procedures for providing (2) TIME OF NOTIFICATION.—The notice for a visions of the Convention. The owner or the notice of an inspection to the owner, occu- routine inspection shall be submitted to the operator, occupant or agent in charge of the pant, operator, or agent in charge of a facil- owner and to the operator, occupant, or premises to be inspected shall determine ity; agent in charge within six hours of receiving whether the sample shall be taken by rep- (3) describe the timeframes for inspections; the notification of the inspection from the resentatives of the premises or the inspec- and Technical Secretariat or as soon as possible tion team or other individuals present. No (4) detail the areas, equipment, computers, thereafter. Notice for a challenge inspection sample collected in the United States pursu- records, data, and samples that are not sub- shall be provided at any appropriate time de- ant to an inspection permitted by this title ject to inspection. termined by the United States National Au- may be transferred for analysis to any lab- oratory outside the territory of the United SEC. 233. AUTHORITY TO CONDUCT INSPEC- thority. Notices may be posted prominently TIONS. at the plant, plant site, or other facility or States. (a) PROHIBITION.—No inspection of a plant, location if the United States is unable to (2) COMPLIANCE WITH REGULATIONS.—In car- plant site, or other facility or location in the provide actual written notice to the owner, rying out their activities, members of the in- United States shall take place under the operator, or agent in charge of the premises. spection team of the Technical Secretariat Convention without the authorization of the (3) CONTENT OF NOTICE.— and representatives of agencies or depart- United States National Authority in accord- (A) IN GENERAL.—The notice under para- ments accompanying the inspection team ance with the requirements of this subtitle. graph (1) shall include all appropriate infor- shall observe safety regulations established (b) AUTHORITY.— mation supplied by the Technical Secretar- at the premises to be inspected, including (1) TECHNICAL SECRETARIAT INSPECTION iat to the United States National Authority those for protection of controlled environ- TEAMS.—Any duly designated member of an concerning— ments within a facility and for personal safe- inspection team of the Technical Secretariat (i) the type of inspection; ty. may inspect any plant, plant site, or other (ii) the basis for the selection of the plant, (g) COORDINATION.—The appropriate rep- facility or location in the United States sub- plant site, or other facility or location for resentatives of the United States, as des- ject to inspection pursuant to the Conven- the type of inspection sought; ignated, if present, shall assist the owner tion. (iii) the time and date that the inspection and the operator, occupant or agent in (2) UNITED STATES GOVERNMENT REPRESENT- will begin and the period covered by the in- charge of the premises to be inspected in ATIVES.—The United States National Author- spection; and interacting with the members of the inspec- ity shall coordinate the designation of em- (iv) the names and titles of the inspectors. tion team of the Technical Secretariat. ployees of the Federal Government to ac- (B) SPECIAL RULE FOR CHALLENGE INSPEC- SEC. 235. WARRANTS. company members of an inspection team of TIONS.—In the case of a challenge inspection (a) IN GENERAL.—The United States Gov- the Technical Secretariat and, in doing so, pursuant to Article IX of the Convention, ernment shall seek the consent of the owner shall ensure that— the notice shall also include all appropriate or the operator, occupant, or agent in charge (A) a special agent of the Federal Bureau evidence or reasons provided by the request- of the premises to be inspected prior to any of Investigation, as designated by the Fed- ing state party to the Convention for seeking inspection referred to in section 304(a). If eral Bureau of Investigation, accompanies the inspection. consent is obtained, a warrant is not re- each inspection team visit pursuant to para- (4) SEPARATE NOTICES REQUIRED.—A sepa- quired for the inspection. The owner or the graph (1); rate notice shall be provided for each inspec- operator, occupant, or agent in charge of the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10653 premises to be inspected may withhold con- and purpose of the Convention by the quan- (v) any other evidence showing probable sent for any reason or no reason. After pro- tities of chemical produced, the characteris- cause to believe that a violation of this title viding notification pursuant to subsection tics of the facility and the nature of activi- has occurred or is occurring; and (b), the United States Government may seek ties carried out at the facility, and the re- (vi) the identities of the representatives of a search warrant from a United States mag- quested inspection, when considered with the Technical Secretariat on the inspection istrate judge. Proceedings regarding the is- previous such inspections of the facility un- team and the Federal Government employ- suance of a search warrant shall be con- dertaken in the current calendar year, shall ees accompanying the inspection team. ducted ex parte, unless otherwise requested not exceed the number reasonably required (C) CONTENT OF WARRANT.—The warrant by the United States Government. based on the risk to the object and purpose shall specify— (b) ROUTINE INSPECTIONS.— of the Convention as described above; (i) the type of inspection authorized; (1) OBTAINING ADMINISTRATIVE SEARCH WAR- (ii) in the case of any facility related to (ii) the purpose of the inspection; RANTS.—For any routine inspection con- Schedule 2 chemical agents, the Technical (iii) the type of plant site, plant, or other ducted on the territory of the United States Secretariat gave due consideration to the facility or location to be inspected; pursuant to Article VI of the Convention, risk to the object and purpose of the Conven- (iv) the areas of the plant site, plant, or where consent has been withheld, the United tion posed by the relevant chemical, the other facility or location to be inspected; States Government shall first obtain an ad- (v) the items, documents, data, equipment, ministrative search warrant from a judge of characteristics of the plant site and the na- ture of activities carried out there, taking and computers that may be inspected or the United States. The United States Gov- seized; ernment shall provide to the judge of the into account the respective facility agree- ment as well as the results of the initial in- (vi) samples that may be taken; United States all appropriate information (vii) the earliest commencement and latest supplied by the Technical Secretariat to the spections and subsequent inspections; and concluding dates and times of the inspection; United States National Authority regarding (iii) in the case of any facility related to and the basis for the selection of the plant site, Schedule 3 chemical agents or unscheduled (viii) the identities of the representatives plant, or other facility or location for the discrete organic chemicals, the facility was of the Technical Secretariat on the inspec- type of inspection sought. The United States selected randomly by the Technical Sec- tion teams and the Federal Government em- Government shall also provide any other ap- retariat using appropriate mechanisms, such ployees accompanying the inspection team. propriate information available to it relat- as specifically designed computer software, ing to the reasonableness of the selection of on the basis of two weighting factors: (I) eq- SEC. 236. PROHIBITED ACTS RELATING TO IN- SPECTIONS. the plant, plant site, or other facility or lo- uitable geographical distribution of inspec- It shall be unlawful for any person will- cation for the inspection. tions; and (II) the information on the de- fully to fail or refuse to permit entry or in- (2) CONTENT OF AFFIDAVITS FOR ADMINISTRA- clared sites available to the Technical Sec- spection, or to disrupt, delay, or otherwise TIVE SEARCH WARRANTS.—The judge of the retariat, related to the relevant chemical, United States shall promptly issue a warrant the characteristics of the plant site, and the impede an inspection, authorized by this authorizing the requested inspection upon an nature of activities carried out there; title. affidavit submitted by the United States (G) the earliest commencement and latest SEC. 237. NATIONAL SECURITY EXCEPTION. Government showing that— closing dates and times of the inspection; Consistent with the objective of eliminat- (A) the Chemical Weapons Convention is in and ing chemical weapons, the President may force for the United States; (H) the duration of inspection will not ex- deny a request to inspect any facility in the (B) the plant site, plant, or other facility ceed time limits specified in the Convention United States in cases where the President or location sought to be inspected is required unless agreed by the owner, operator, or determines that the inspection may pose a to report data under subtitle D of this title agent in charge of the plant. threat to the national security interests of and is subject to routine inspection under (3) CONTENT OF WARRANTS.—A warrant is- the United States. the Convention; sued under paragraph (2) shall specify the SEC. 238. PROTECTION OF CONSTITUTIONAL (C) the purpose of the inspection is— same matters required of an affidavit under RIGHTS OF CONTRACTORS. (i) in the case of any facility owned or op- that paragraph. In addition to the require- (a) The Office of Federal Procurement Pol- erated by a non-Government entity related ments for a warrant issued under this para- icy Act (41 U.S.C. 403 et seq.) is amended by to Schedule 1 chemical agents, to verify that graph, each warrant shall contain, if known, adding at the end the following: the facility is not used to produce any the identities of the representatives of the ‘‘SEC. 39. PROTECTION OF CONSTITUTIONAL Schedule 1 chemical agent except for de- Technical Secretariat conducting the inspec- RIGHTS OF CONTRACTORS. clared chemicals; quantities of Schedule 1 tion and the observers of the inspection and, ‘‘(a) PROHIBITION.—A contractor may not chemicals produced, processed, or consumed if applicable, the identities of the represent- be required, as a condition for entering into are correctly declared and consistent with atives of agencies or departments of the a contract with the Federal Government, to needs for the declared purpose; and Schedule United States accompanying those rep- waive any right under the Constitution for 1 chemicals are not diverted or used for resentatives. any purpose related to Chemical Weapons other purposes; (4) CHALLENGE INSPECTIONS.— Convention Implementation Act of 1997 or (ii) in the case of any facility related to (A) CRIMINAL SEARCH WARRANT.—For any the Chemical Weapons Convention (as de- Schedule 2 chemical agents, to verify that challenge inspection conducted on the terri- fined in section 203 of such Act.) activities are in accordance with obligations tory of the United States pursuant to Article ‘‘(b) CONSTRUCTION.—Nothing in subsection under the Convention and consistent with IX of the Chemical Weapons Convention, (a) shall be construed to prohibit an execu- the information provided in data declara- where consent has been withheld, the United tive agency from including in a contract a tions; and States Government shall first obtain from a clause that requires the contractor to permit (iii) in the case of any facility related to judge of the United States a criminal search inspections for the purpose of ensuring that Schedule 3 chemical agents and any other warrant based upon probable cause, sup- the contractor is performing the contract in chemical production facility, to verify that ported by oath or affirmation, and describing accordance with the provisions of the con- the activities of the facility are consistent with particularity the place to be searched tract.’’. with the information provided in data dec- and the person or things to be seized. (b) The table of contents in section 1(b) of larations; (B) INFORMATION PROVIDED.—The United such Act is amended by adding at the end (D) the items, documents, and areas to be States Government shall provide to the the following: searched and seized; judge of the United States— ‘‘Sec. 39. Protection of constitutional rights (E) in the case of a facility related to (i) all appropriate information supplied by of contractors.’’. Schedule 2 or Schedule 3 chemical agents or the Technical Secretariat to the United SEC. 239. ANNUAL REPORT ON INSPECTIONS. unscheduled discrete organic chemicals, the States National Authority regarding the (a) IN GENERAL.—Not later than one year plant site has not been subject to more than basis for the selection of the plant site, after the date of enactment of this Act, and 1 routine inspection in the current calendar plant, or other facility or location for the annually thereafter, the President shall sub- year, and, in the case of facilities related to type of inspection sought; mit a report in classified and unclassified Schedule 3 chemical agents or unscheduled (ii) any other appropriate information re- form to the appropriate congressional com- discrete organic chemicals, the inspection lating to the reasonableness of the selection mittees on inspections made under the Con- will not cause the number of routine inspec- of the plant, plant site, or other facility or vention during the preceding year. tions in the United States to exceed 20 in a location for the inspection; (b) CONTENT OF REPORTS.—Each report calendar year; (iii) information concerning— shall contain the following information for (F) the selection of the site was made in (I) the duration and scope of the inspec- the reporting period: accordance with procedures established tion; (1) The name of each company or entity under the Convention and, in particular— (II) areas to be inspected; subject to the jurisdiction of the United (i) in the case of any facility owned or op- (III) records and data to be reviewed; and States reporting data pursuant to subtitle D erated by a non-Government entity related (IV) samples to be taken; of this title. to Schedule 1 chemical agents, the intensity, (iv) appropriate evidence or reasons pro- (2) The number of inspections under the duration, timing, and mode of the requested vided by the requesting state party for the Convention conducted on the territory of the inspection is based on the risk to the object inspection; United States. H10654 CONGRESSIONAL RECORD — HOUSE November 12, 1997 (3) The number and identity of inspectors port, or import, a chemical substance that is Government under this title or under the conducting any inspection described in para- subject to the Convention to— Convention shall not be disclosed under sec- graph (2) and the number of inspectors (A) maintain and permit access to records tion 552(a) of title 5, United States Code. barred from inspection by the United States. related to that production, processing, con- (b) EXCEPTIONS.— (4) The cost to the United States for each sumption, export, or import of such sub- (1) INFORMATION FOR THE TECHNICAL SEC- inspection described in paragraph (2). stance; and RETARIAT.—Information shall be disclosed or (5) The total costs borne by United States (B) submit to the Director of the United otherwise provided to the Technical Sec- business firms in the course of inspections States National Authority such reports as retariat or other states parties to the Chemi- described in paragraph (2). the United States National Authority may cal Weapons Convention in accordance with (6) A description of the circumstances sur- reasonably require to provide to the Organi- the Convention, in particular, the provisions rounding inspections described in paragraph zation, pursuant to subparagraph 1(a) of the of the Annex on the Protection of Confiden- (2), including instances of possible industrial Annex on Confidentiality of the Convention, tial Information. espionage and misconduct of inspectors. the minimum amount of information and (2) INFORMATION FOR CONGRESS.—Informa- (7) The identity of parties claiming loss of data necessary for the timely and efficient tion shall be made available to any commit- trade secrets, the circumstances surrounding conduct by the Organization of its respon- tee or subcommittee of Congress with appro- those losses, and the efforts taken by the sibilities under the Convention. priate jurisdiction upon the written request United States Government to redress those (2) RULEMAKING.—The Director of the Unit- of the chairman or ranking minority mem- losses. ed States National Authority shall ensure ber of such committee or subcommittee, ex- (8) A description of instances where inspec- that regulations pursuant to this section are cept that no such committee or subcommit- tions under the Convention outside the Unit- prescribed expeditiously. tee, and no member and no staff member of ed States have been disrupted or delayed. (b) COORDINATION.— such committee or subcommittee, shall dis- (c) DEFINITION.—The term ‘‘appropriate (1) AVOIDANCE OF DUPLICATION.—To the ex- close such information or material except as congressional committees’’ means the Com- tent feasible, the United States Government otherwise required or authorized by law. mittee on the Judiciary, the Committee on shall not require the submission of any re- (3) INFORMATION FOR ENFORCEMENT AC- Foreign Relations, and the Select Commit- port that is unnecessary or duplicative of TIONS.—Information shall be disclosed to tee on Intelligence of the Senate and the any report required by or under any other other Federal agencies for enforcement of Committee on the Judiciary, the Committee law. The head of each Federal agency shall this title or any other law, and shall be dis- on International Relations, and the Perma- coordinate the actions of that agency with closed or otherwise provided when relevant nent Select Committee on Intelligence of the the heads of the other Federal agencies in in any proceeding under this title or any House of Representatives. order to avoid the imposition of duplicative other law, except that disclosure or provi- SEC. 240. UNITED STATES ASSISTANCE IN IN- reporting requirements under this title or sion in such a proceeding shall be made in SPECTIONS AT PRIVATE FACILITIES. any other law. such manner as to preserve confidentiality (a) ASSISTANCE IN PREPARATION FOR INSPEC- (2) DEFINITION.—As used in paragraph (1), to the extent practicable without impairing TIONS.—At the request of an owner of a facil- the term ‘‘Federal agency’’ has the meaning the proceeding. ity not owned or operated by the United given the term ‘‘agency’’ in section 551(1) of (c) INFORMATION DISCLOSED IN THE NA- States Government, or contracted for use by title 5, United States Code. TIONAL INTEREST.— or for the United States Government, the SEC. 252. PROHIBITION RELATING TO LOW CON- (1) AUTHORITY.—The United States Govern- Secretary of Defense may assist the facility CENTRATIONS OF SCHEDULE 2 AND ment shall disclose any information reported to prepare the facility for possible inspec- 3 CHEMICALS. to, or otherwise required by the United tions pursuant to the Convention. (a) PROHIBITION.—Notwithstanding any States Government under this title or the (b) REIMBURSEMENT REQUIREMENT.— other provision of this title, no person lo- Convention, including categories of such in- (1) IN GENERAL.—Except as provided in cated in the United States shall be required formation, that it determines is in the na- paragraph (2), the owner of a facility pro- to report on, or to submit to, any routine in- tional interest to disclose and may specify vided assistance under subsection (a) shall spection conducted for the purpose of verify- the form in which such information is to be reimburse the Secretary for the costs in- ing the production, possession, consumption, disclosed. curred by the Secretary in providing the as- exportation, importation, or proposed pro- (2) NOTICE OF DISCLOSURE.— sistance. duction, possession, consumption, expor- (A) REQUIREMENT.—If any Department or (2) EXCEPTION.—In the case of assistance tation, or importation of any substance that agency of the United States Government provided under subsection (a) to a facility contains less than— proposes pursuant to paragraph (1) to publish owned by a person described in subsection (1) 10 percent concentration of a Schedule or disclose or otherwise provide information (c), the United States National Authority 2 chemical; or exempt from disclosure under subsection (a), shall reimburse the Secretary for the costs (2) 80 percent concentration of a Schedule the United States National Authority shall, incurred by the Secretary in providing the 3 chemical. unless contrary to national security or law assistance. (b) STANDARD FOR MEASUREMENT OF CON- enforcement needs, provide notice of intent (c) OWNERS COVERED BY UNITED STATES NA- CENTRATION.—The percent concentration of a to disclose the information— TIONAL AUTHORITY REIMBURSEMENTS.—Sub- chemical in a substance shall be measured on (i) to the person that submitted such infor- section (b)(2) applies in the case of assistance the basis of volume or total weight, which mation; and provided to the following: measurement yields the lesser percent. (ii) in the case of information about a per- (1) SMALL BUSINESS CONCERNS.—A small SEC. 253. PROHIBITION RELATING TO UNSCHED- son received from another source, to the per- business concern as defined in section 3 of ULED DISCRETE ORGANIC CHEMI- son to whom that information pertains. CALS AND COINCIDENTAL BYPROD- The information may not be disclosed until the Small Business Act. UCTS IN WASTE STREAMS. (2) DOMESTIC PRODUCERS OF SCHEDULE 3 OR the expiration of 30 days after notice under (a) PROHIBITION.—Notwithstanding any this paragraph has been provided. UNSCHEDULED DISCRETE ORGANIC CHEMICALS.— other provision of this title, no person lo- (B) PROCEEDINGS ON OBJECTIONS.—In the Any person located in the United States cated in the United States shall be required that— event that the person to which the informa- to report on, or to submit to, any routine in- tion pertains objects to the disclosure, the (A) does not possess, produce, process, spection conducted for the purpose of verify- consume, import, or export any Schedule 1 agency shall promptly review the grounds ing the production, possession, consumption, for each objection of the person and shall af- or Schedule 2 chemical; and exportation, importation, or proposed pro- (B) in the calendar year preceding the year ford the objecting person a hearing for the duction, possession, consumption, expor- purpose of presenting the objections to the in which the assistance is to be provided, tation, or importation of any substance that produced— disclosure. Not later than 10 days before the is— scheduled or rescheduled date for the disclo- (i) more than 30 metric tons of Schedule 3 (1) an unscheduled discrete organic chemi- or unscheduled discrete organic chemicals sure, the United States National Authority cal; and shall notify such person regarding whether that contain phosphorous, sulfur, or fluorine; (2) a coincidental byproduct of a manufac- or such disclosure will occur notwithstanding turing or production process that is not iso- the objections. (ii) more than 200 metric tons of unsched- lated or captured for use or sale during the uled discrete organic chemicals. (d) CRIMINAL PENALTY FOR WRONGFUL DIS- process and is routed to, or escapes, from the CLOSURE.—Any officer or employee of the Subtitle D—Reports waste stream of a stack, incinerator, or United States, and any former officer or em- SEC. 251. REPORTS REQUIRED BY THE UNITED wastewater treatment system or any other ployee of the United States, who by reason of STATES NATIONAL AUTHORITY. waste stream. such employment or official position has ob- (a) REGULATIONS ON RECORDKEEPING.— SEC. 254. CONFIDENTIALITY OF INFORMATION. tained possession of, or has access to, infor- (1) REQUIREMENTS.—The United States Na- (a) FREEDOM OF INFORMATION ACT EXEMP- mation the disclosure or other provision of tional Authority shall ensure that regula- TION FOR CERTAIN CONVENTION INFORMA- which is prohibited by subsection (a), and tions are prescribed that require each person TION.—Except as provided in subsection (b) who, knowing that disclosure or provision of located in the United States who produces, or (c), any confidential business information, such information is prohibited by such sub- processes, consumes, exports, or imports, or as defined in section 213(g), reported to, or section, willfully discloses or otherwise pro- proposes to produce, process, consume, ex- otherwise acquired by, the United States vides the information in any manner to any November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10655 person (including any person located outside law judge shall become the final agency deci- the full calendar year of, and the two full the territory of the United States) not au- sion and order of the head of the United calendar years following, the enactment of thorized to receive it, shall be fined under States National Authority unless, within 30 this Act, the district court shall accord such title 18, United States Code, or imprisoned days, the head of the United States National a case a priority in its disposition ahead of for not more than five years, or both. Authority modifies or vacates the decision all other civil actions except for actions (e) CRIMINAL FORFEITURE.—The property of and order, with or without conditions, in challenging the legality and conditions of any person who violates subsection (d) shall which case the decision and order of the head confinement. be subject to forfeiture to the United States of the United States National Authority (b) EN BANC REVIEW.—Notwithstanding any in the same manner and to the same extent shall become a final order under this sub- other provision of law, during the full cal- as is provided in section 229C of title 18, section. endar year of, and the two full calendar United States Code, as added by this title. (4) OFFSETS.—The amount of the civil pen- years following, the enactment of this Act, (f) INTERNATIONAL INSPECTORS.—The provi- alty under a final order of the United States any appeal from a final order entered by a sions of this section shall also apply to em- National Authority may be deducted from district court in an action brought under ployees of the Technical Secretariat. any sums owed by the United States to the subsection (a) shall be heard promptly by the SEC. 255. RECORDKEEPING VIOLATIONS. person. full Court of Appeals sitting en banc. It shall be unlawful for any person will- (5) JUDICIAL REVIEW.—A person adversely fully to fail or refuse— Subtitle F—Miscellaneous Provisions affected by a final order respecting an assess- (1) to establish or maintain any record re- SEC. 271. REPEAL. ment may, within 30 days after the date the quired by this title or any regulation pre- Section 808 of the Department of Defense final order is issued, file a petition in the scribed under this title; Appropriation Authorization Act, 1978 (50 Court of Appeals for the District of Columbia (2) to submit any report, notice, or other U.S.C. 1520; relating to the use of human sub- Circuit or for any other circuit in which the information to the United States Govern- jects for the testing of chemical or biological person resides or transacts business. ment in accordance with this title or any agents) is repealed. (6) ENFORCEMENT OF ORDERS.—If a person regulation prescribed under this title; or fails to comply with a final order issued SEC. 272. PROHIBITION. (3) to permit access to or copying of any under this subsection against the person or (a) IN GENERAL.—Neither the Secretary of record that is exempt from disclosure under entity— Defense nor any other officer or employee of this title or any regulation prescribed under the United States may, directly or by con- this title. (A) after the order making the assessment has become a final order and if such person tract— Subtitle E—Enforcement does not file a petition for judicial review of (1) conduct any test or experiment involv- SEC. 261. PENALTIES. the order in accordance with paragraph (5), ing the use of any chemical or biological (a) CIVIL.— or agent on a civilian population; or (1) PENALTY AMOUNTS.— (B) after a court in an action brought (2) use human subjects for the testing of (A) PROHIBITED ACTS RELATING TO INSPEC- under paragraph (5) has entered a final judg- chemical or biological agents. (b) CONSTRUCTION.—Nothing in subsection TIONS.—Any person that is determined, in ac- ment in favor of the United States National (a) may be construed to prohibit actions car- cordance with paragraph (2), to have violated Authority, ried out for purposes not prohibited by this section 236 of this Act shall be required by the Secretary of State shall file a suit to title (as defined in section 203(8)). order to pay a civil penalty in an amount not seek compliance with the order in any appro- (c) BIOLOGICAL AGENT DEFINED.—In this to exceed $25,000 for each such violation. For priate district court of the United States, section, the term ‘‘biological agent’’ means purposes of this paragraph, each day such a plus interest at currently prevailing rates any micro-organism (including bacteria, vi- violation of section 306 continues shall con- calculated from the date of expiration of the ruses, fungi, rickettsiae or protozoa), patho- stitute a separate violation of that section. 30-day period referred to in paragraph (5) or gen, or infectious substance, or any natu- (B) RECORDKEEPING VIOLATIONS.—Any per- the date of such final judgment, as the case rally occurring, bio-engineered or syn- son that is determined, in accordance with may be. In any such suit, the validity and thesized component of any such micro-orga- paragraph (2), to have violated section 255 of appropriateness of the final order shall not this Act shall be required by order to pay a nism, pathogen, or infectious substance, be subject to review. civil penalty in an amount not to exceed whatever its origin or method of production, (b) CRIMINAL.—Any person who knowingly capable of causing— $5,000 for each such violation. violates any provision of section 236 or 255 of (1) death, disease, or other biological mal- (2) HEARING.— this Act, shall, in addition to or in lieu of (A) IN GENERAL.—Before imposing an order function in a human, an animal, a plant, or any civil penalty which may be imposed described in paragraph (1) against a person another living organism; under subsection (a) for such violation, be under this subsection for a violation of sec- (2) deterioration of food, water, equipment, fined under title 18, United States Code, im- tion 236 or 255, the Secretary of State shall supplies, or materials of any kind; or prisoned for not more than one year, or both. provide the person or entity with notice and, (3) deleterious alteration of the environ- upon request made within 15 days of the date SEC. 262. SPECIFIC ENFORCEMENT. ment. (a) JURISDICTION.—The district courts of of the notice, a hearing respecting the viola- SEC. 273. BANKRUPTCY ACTIONS. the United States shall have jurisdiction tion. Section 362(b) of title 11, United States over civil actions to— (B) CONDUCT OF HEARING.—Any hearing so Code, is amended— (1) restrain any violation of section 236 or requested shall be conducted before an ad- (1) by striking paragraphs (4) and (5); and 255 of this Act; and ministrative law judge. The hearing shall be (2) by inserting after paragraph (3) the fol- (2) compel the taking of any action re- conducted in accordance with the require- lowing: quired by or under this title or the Conven- ments of section 554 of title 5, United States ‘‘(4) under paragraph (1), (2), (3), or (6) of tion. Code. If no hearing is so requested, the Sec- subsection (a) of this section, of the com- (b) CIVIL ACTIONS.— retary of State’s imposition of the order mencement or continuation of an action or (1) IN GENERAL.—A civil action described in shall constitute a final and unappealable proceeding by a governmental unit or any order. subsection (a) may be brought— (A) in the case of a civil action described in organization exercising authority under the (C) ISSUANCE OF ORDERS.—If the adminis- Convention on the Prohibition of the Devel- trative law judge determines, upon the pre- subsection (a)(1), in the United States dis- trict court for the judicial district in which opment, Production, Stockpiling and Use of ponderance of the evidence received, that a Chemical Weapons and on Their Destruction, person or entity named in the complaint has any act, omission, or transaction constitut- ing a violation of section 236 or 255 occurred opened for signature on January 13, 1993, to violated section 236 or 255, the administra- enforce such governmental unit’s or organi- tive law judge shall state his findings of fact or in which the defendant is found or trans- acts business; or zation’s police and regulatory power, includ- and issue and cause to be served on such per- ing the enforcement of a judgment other son or entity an order described in paragraph (B) in the case of a civil action described in subsection (a)(2), in the United States dis- than a money judgment, obtained in an ac- (1). tion or proceeding by the governmental unit (D) FACTORS FOR DETERMINATION OF PEN- trict court for the judicial district in which the defendant is found or transacts business. to enforce such governmental unit’s or orga- ALTY AMOUNTS.—In determining the amount nization’s police or regulatory power;’’. of any civil penalty, the administrative law (2) SERVICE OF PROCESS.—In any such civil judge shall take into account the nature, cir- action process may be served on a defendant The SPEAKER pro tempore. Pursu- cumstances, extent, and gravity of the viola- wherever the defendant may reside or may ant to the rule, the gentleman from tion or violations and, with respect to the vi- be found, whether the defendant resides or New York [Mr. GILMAN] and the gen- olator, the ability to pay, effect on ability to may be found within the United States or tleman from Indiana [Mr. HAMILTON] continue to do business, any history of prior elsewhere. each will control 20 minutes. such violations, the degree of culpability, SEC. 263. EXPEDITED JUDICIAL REVIEW. The Chair recognizes the gentleman the existence of an internal compliance pro- (a) CIVIL ACTION.—Any person or entity from New York [Mr. GILMAN]. gram, and such other matters as justice may subject to a search under this title may file require. a civil action challenging the constitutional- GENERAL LEAVE (3) ADMINISTRATIVE APPELLATE REVIEW.— ity of any provision of this title. Notwith- Mr. GILMAN. Mr. Speaker, I ask The decision and order of an administrative standing any other provision of law, during unanimous consent that all Members H10656 CONGRESSIONAL RECORD — HOUSE November 12, 1997 may have 5 legislative days within Mr. Speaker, in the 1980’s the world question before us is the most effective which to revise and extend their re- stood by as Saddam Hussein built up way to achieve that shared goal. marks on this measure. the Iraqi arsenal of weapons of mass The gentlewoman from California The SPEAKER pro tempore. Is there destruction. This bill will help make [Ms. HARMAN] and others deserve credit objection to the request of the gen- certain that Iran does not follow the for their efforts to focus attention on tleman from New York? example of its neighbors in Iraq and be- the important issue of missile tech- There was no objection. come the next threat to international nology transfers to Iran. I think they Mr. GILMAN. Mr. Speaker, I yield stability. Accordingly, I urge my col- have got the right approach, which is myself such time as I may consume. leagues to join in support of this meas- to express the strong sense of Congress (Mr. GILMAN asked and was given ure. on the issue. But I do not agree with permission to revise and extend his re- Mr. Speaker, I reserve the balance of the approach taken in this bill. marks.) my time. Stopping the transfer of missile tech- Mr. GILMAN. Mr. Speaker, the Iran Mr. HAMILTON. Mr. Speaker, I yield nology to Iran requires diplomacy. It Missile Proliferation Sanctions Act of myself such time as I may consume. requires the President to pursue a 1997 is intended to close loopholes in Mr. Speaker, I rise in opposition to high-level diplomatic effort with those our counterproliferation laws in order this bill, and I oppose it for 3 reasons: countries that provide missile tech- to address a matter of critical concern First, the bill links a missile sanc- nology to Iran. At the end of the day, this problem is going to be solved by to our national security, the risk that tions bill to the Senate-passed Chemi- Iran may soon obtain from firms in diplomacy. cal Weapons Convention implementa- This is exactly what the administra- Russia and elsewhere the capability of tion legislation. The House should con- producing its own medium and long- tion is doing. The President’s envoy, sider these bills separately so that S. Ambassador Wisner, is conducting ne- range ballistic missiles. 610 can proceed quickly to enactment. This legislation enjoys extremely gotiations with Russia on this topic. Second, this missile sanctions bill is He was in Moscow last week. The ad- strong support on both sides of the harmful to current United States diplo- aisle. At last count, over 263 Members ministration is working as hard as it matic efforts to stop missile tech- can, from the President to the Vice had asked to be listed as cosponsors, nology transfers from Russia to Iran. President on down, to stop Russian including both the Speaker, Mr. GING- And, third, the bill itself is flawed. missile technology transfers to Iran. RICH, and the Democratic leader, Mr. Let me spell out these reasons in They believe, the administration, that GEPHARDT]. A companion measure in more detail. they are starting to make progress, the Senate has 84 cosponsors, led by With regard to the first point, the and they believe they can show a lot the Senate majority leader, Mr. LOTT, missile sanctions bill and the Chemical more progress between now and Janu- and by Mr. LIEBERMAN of Connecticut. Weapons Convention implementation ary. Senior Russian officials have al- The urgency for this legislation is ap- legislation are separate and distinct ready indicated that Iranian missiles parent from press reports. For more pieces of legislation. They deserve sep- are not in their interest. Our diplo- than a year, our Government has been arate consideration. macy is beginning to achieve results, in constant dialog with the Russian Today the United States is out of but we do not yet have a satisfactory leadership regarding Russian assist- compliance with its obligations to the result. ance to the Iranian ballistic missile Chemical Weapons Convention and will b 2100 program. The meetings have been continue to be out of compliance until going on, more talks are scheduled, this implementation legislation, S. 610, That is the view of the Secretary of more summits are held, yet the Iranian is enacted. State, the National Security Advisor, military continues to make rapid We should act on S. 610 as soon as and the Vice President. The Vice Presi- progress in developing long-range mis- possible. We should send it directly to dent has made a strong plea for a little siles with critically needed assistance the President as a freestanding meas- more time to show results, and we from Russian firms. Unless something ure and not attach it to another meas- should give it to him. If there is no happens soon, according to press re- ure and send it back to the Senate. progress, we can come back to this bill ports, Iran is likely to achieve the abil- The sponsors of the missile sanctions in January. Third and finally, this missile sanc- ity to produce its own ballistic missiles bill, H.R. 2709, have attached S. 610 to tions bill has several flaws. It estab- within less than 1 year. it because they believe that S. 610 will It is now time for the Congress to say lishes too low a threshold for the impo- lead to the swift enactment of the sition of sanctions. It would require that enough is enough. We need to sanctions bill. back up our rhetoric on nonprolifera- the executive to report and impose The President’s National Security sanctions based on credible informa- tion with meaningful action. With this Adviser and the Secretary of State legislation, we will be giving Russian tion it receives about transfers or at- strongly oppose the missile sanctions tempted transfers of missile-related firms compelling reasons not to trade bill. They recommend that he veto it if with Iran. The sanctions which this goods and technology to Iran. it is presented to the President in its ‘‘Credible information’’ is not defined legislation threatens to impose will current form. They also recommend a in the bill and is subject to very broad force those firms to choose between veto if S. 610 is attached. I quote from interpretation. One report or one phone their short-term profits from dealing the Statement of Administration Pol- call could be ‘‘credible information’’ with Iran and potentially far more lu- icy: and could trigger a requirement to re- crative long-term economic relations S. 610 has strong bipartisan support from port and to impose sanctions. with our own Nation. Members on both sides of the aisle. If S. 610 The bill does not allow enough time To make certain that the President is attached to H.R. 2709, however, the Sec- between the requirement to report and takes a careful look at this legislation, retary of State and the National Security the requirement to sanction. Sanctions the amendment before us also adds to Adviser would have no choice other than to would have to be imposed no later than our Iranian sanctions measure the text recommend that the President veto the com- 30 days after the date of the required of Senate 610, the Chemical Weapons bined bill. resort. In many cases, sanctions can be Convention Implementation Act of So for those of you who support swift imposed erroneously, needlessly dam- 1997, which passed the Senate unani- passage of the Chemical Weapons Con- aging U.S. credibility with other gov- mously earlier this year. Unlike the vention implementation legislation, I ernments in our efforts to prevent Iran Chemical Weapons Convention itself, urge you to oppose this bill. This bill from obtaining missile technology. which was controversial in the Senate, will delay, not speed up, U.S. compli- The bill has no requirement that ac- the implementing legislation is strong- ance with the Chemical Weapons Con- tions subject to sanctions be taken ly supported all across the political vention. knowingly. Sanctions would be im- spectrum, from the administration to Second, I believe that Congress and posed on entities unaware that items Senators such as JOHN KYL and JESSE the executive branch certainly share are going to Iran or will be used in mis- HELMS who have led the fight against the same policy goal, to stop the trans- siles. Such a provision is fundamen- the Chemical Weapons Convention. fer of missile technology to Iran. The tally unfair and will undermine U.S. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10657 credibility and the willingness of for- has given quite a list of things that he The SPEAKER pro tempore (Mr. CAL- eign entities to cooperate with the finds objectionable from the existing VERT). The gentleman from California United States. legislation. Whether it is this legisla- [Mr. BERMAN] is recognized for 6 min- The bill’s waiver provisions, while a tion or other legislation, I think it is utes. step forward, could be improved fur- imperative that this House and the (Mr. BERMAN asked and was given ther. It lacks flexibility for the Presi- Congress speak out very strongly that permission to revise and extend his re- dent. The bill is retroactive in its ap- we want the kind of proliferation being marks.) plication. The bill applies sanctions on conducted by Russian entities to Iran Mr. BERMAN. Mr. Speaker, while I U.S. subsidiaries of foreign firms that to stop. We cannot sit back and be agree with a number of the points are sanctioned. asked simply that the route towards made by my dear friend and the rank- I do not believe Congress has a full diplomacy be pursued for the next sev- ing member of the Committee on Inter- understanding of the bill’s impact if it eral months. We are at a critical point, national Relations, I come to a dif- is enacted into law. I believe further and this Congress has a responsibility ferent conclusion on the issue of House consultation with the executive branch to say we want action now, it is essen- passage of this bill, and I rise in sup- is necessary. Further consultation tial while we are putting much of the port of the passage of H.R. 2930. I think would improve this bill so it will Middle East and much of Europe in it pays to take a couple of moments to strengthen, not undermine, the Presi- jeopardy. just restate sort of what we know dent’s ability to achieve the goals that Mr. Speaker, the prevention of Iran’s about contributions to the Iranian mis- all of us share to stop Iran’s missile acquisition of ballistic missiles and sile program. program. weapons of mass destruction is one of First of all, we know it has been So I believe the bill will negatively this Nation’s most important national clearly reported, it is not in dispute, impact U.S. national interests. It is security objectives. Iranian possession that Iran has developed, has a nuclear going to slow down our ability to get of ballistic missiles poses an unaccept- weapons program. It is also quite clear the President a bill that he will sign so able threat to the military forces of that Iran has also embarked on a pro- that he can meet our treaty obliga- the United States and its allies gram to develop medium and long- tions under the Chemical Weapons Con- throughout the Persian Gulf, Middle range missiles. The Iranian missile vention. It will be counterproductive to East, and southern and southeastern program has been contributed to re- our efforts to stop the transfer of mis- Europe. H.R. 2709 is an important tool cently by a number of transfers of technology in parts from the Russian siles technology to Iran. And as I have to limit the proliferation of the Per- SS–4 intermediate range ballistic mis- indicated, the Secretary and the Na- sian Gulf. I believe it would be irre- sile, and apparently Iran Shihab-3 and tional Security Advisor are going to sponsible if we simply took no action, Shihab-4 missiles are being designed recommend that the President veto did not express ourself, did not try to with Russian assistance to expand to a this bill if it is sent to him in the form pass legislation before we adjourn this range of 930 to 1,250 miles. There have that we have it before the House this year. been additional reports that Iran is evening. Frankly speaking, Mr. Speaker, this working toward developing a multi- I urge a ‘‘no’’ vote. legislation would be unnecessary if the stage intercontinental missile with a Mr. Speaker, I reserve the balance of executive branch were willing to com- range of 3,500 missiles. my time. ply with existing law governing missile When we take their nuclear program Mr. BEREUTER. Mr. Speaker, I yield technology controls. This is not simply and their missile program together, I myself such time as I may consume. a criticism of this President or this ad- think everyone in this Chamber can Mr. Speaker, I rise in strong support ministration, for previous Presidents understand just how dangerous this can of the Iran Missile Proliferation Act have been equally reluctant to enforce be if Iran is successful in its pursuits in introduced by the distinguished chair- the law when it comes to sanctions on these crucial matters. these areas. man of the Committee on International The more sophisticated weapon as- Relations, the gentleman from New When an administration, this one or a previous one, continually refuses to sistance that Iran receives from York [Mr. GILMAN]. invoke the law, whether it is the Arms abroad, the quicker Iran will realize its As the gentleman from New York has goal of a long-range weapon delivery noted, this legislation is intended to Control Export Act or the refusal to declare that a coup has occurred in system. provide additional leverage for the Robert Pelletreau, who was then As- United States in responding to assist- Cambodia because the resulting sanc- tions would reduce the State Depart- sistant Secretary of State for Near ance by Russian institutes and re- ment’s flexibility, a word we hear Eastern Affairs, testified, only by im- search facilities for Iran’s medium and often, it demeans the law. It encour- posing a real and heavy price can we long-range missile programs. ages this body to pursue every more and other countries convince the Ira- H.R. 2709 will close loopholes in exist- stringent sanctions. nian leadership that changing its ing U.S. sanction laws as these loop- Mr. Speaker, this Member hopes that threatening behavior is in Iran’s own holes have been used in the past to this body can get out of the business of interest. That threatening behavior avoid sanctioning firms that have imposing new sanctions, but this will continues, and this legislation is an- transferred missile goods or technology not happen until the executive branch, other effort to convince other coun- to Iran. It does not target an entire this one, the previous ones, come into tries that a real and heavy price must government but, rather, the individ- compliance with the law, respect the be paid for aiding Iran’s weapons pro- uals and entities which are actually law as Congress enacts it. This Member gram. the perpetrators of proliferation activi- therefore would urge the executive I would just like to deal with a cou- ties. branch to adhere to the provisions of ple of the points raised by the gen- The President would be required to H.R. 2709 which I hope this Congress tleman from Indiana [Mr. HAMILTON], submit a report identifying those indi- will enact. the ranking member of the full com- viduals and entities where there is Mr. Speaker, I reserve the balance of mittee. There are some flaws in this credible evidence that they have trans- my time. legislation, but I think he would agree, ferred key missile components of tech- Mr. HAMILTON. Mr. Speaker, I yield the legislation is significantly im- nology to Iran. Thirty days after this 3 minutes to the distinguished gen- proved from the form in which it was report, a number of important sanc- tleman from California [Mr. BERMAN]. introduced. The kind of conduct that it tions denying munition licenses, dual- Mr. BERMAN. Mr. Speaker, I ask the has focused on deals now with viola- use technology licenses, and U.S. for- gentleman from Nebraska [Mr. BEREU- tions of the Missile Technology Control eign assistance to these entities, those TER], who is controlling time for the Regime and other efforts that are gov- kind of things will be imposed for a pe- majority, if he would yield an addi- erned by that regime that the adminis- riod of at least 2 years on the identified tional 3 minutes to me. tration, and only the administration, entities. Mr. BEREUTER. Mr. Speaker, I yield certify constitutes significant con- Mr. Speaker, our distinguished col- an additional 3 minutes to the gen- tributions to the Iranian missile pro- league from Indiana [Mr. HAMILTON] tleman from California [Mr. BERMAN]. gram. H10658 CONGRESSIONAL RECORD — HOUSE November 12, 1997 The report that is required by this Mr. FOX of Pennsylvania. Mr. Speak- avoid sanctioning foreign countries legislation can now be classified at the er, we in the House are persuaded that that assist Iran. discretion of the administration, and it missile transfers from Russia to Iran The administration’s statement of is clear from the report language ac- pose a great threat to the United policy states that the standard of evi- companying this bill that the national States and to our allies in the Middle dence sanctions and reporting require- security waiver, which has been put East and Europe. We are especially ments of H.R. 2709 are broad and vague. into this bill, may be utilized where an troubled by reports we received to the Nothing could be further from the entity in any country, and specifically effect that Iran is only 9 to 12 months truth. The committee report details in Russia, has made an improper and il- away from achieving an indigenous what we mean by the term ‘‘credible legal transfer. missile capacity. information.’’ The report details the Remember, Russia has committed to We welcome the efforts undertaken three sanctions to be imposed, and the adhering to the Missile Technology with Russia to resolve this problem, report details sanctions required in the Control Regime, but when they make but we cannot ignore the reports that bill. These requirements are neither such a transfer, if the administration is we received that since Ambassador broad nor vague. assured that they will no longer do so Wisner went to work on this problem, Simply put, Mr. Speaker, the admin- and believes that it is important that the pace of Russian transfers to Iran istration does not like this bill because those sanctions be waived, they are has increased rather than decreased. At they know they cannot ignore it, they able to use the national security waiv- this stage, we therefore feel compelled cannot shove it under the table, and er to do that. to act on this matter. the sanctions must go forward, if ap- So that even with some of the other Our legislation is based on a slightly propriate. flaws, particularly the credible infor- different philosophy than the adminis- I would therefore urge our colleagues mation threshold, which is too low a tration’s diplomatic efforts. We are not to support H.R. 2709, the Iran Missile threshold, I think this legislation is seeking to coerce the Russian Govern- Proliferation Sanctions Act of 1997. Mr. HAMILTON. Mr. Speaker, I yield worthy of our support, because it is a ment to do anything. Rather, we target 1 minute to the distinguished gen- forcing mechanism and it is a state- our sanctions on the Russian entities tleman from Maryland [Mr. CARDIN]. ment by the House of Representatives that are making missile transfers to that this is a critical problem, that our (Mr. CARDIN asked and was given Iran. Most of these entities are inter- permission to revise and extend his re- relationships with Russia and its abil- ested in future business dealings with ity to control the entities within that marks.) the United States, particularly in the country that are contributing to this Mr. CARDIN. Mr. Speaker, I thank area of aerospace cooperation. The program are going to be seriously af- the ranking member for yielding me point of our legislation is to tell these fected by its future conduct. this time. There is no doubt that this adminis- entities in no uncertain terms that Mr. Speaker, I rise in support of H.R. tration now is heavily engaged in this continued dealings with Iran will be 2709, the Iran Missile Proliferation issue. They are pressing the Russians fatal to any future cooperation with Sanctions Act of 1997. Iran is the lead- hard to cut off that aid. President Clin- the United States. ing sponsor of international terrorism. ton, Vice President Gore, and Ambas- b 2115 That is a conclusion that has been reached by our President, by our Sec- sador Wisner have raised our concern Our legislation has 263 cosponsors in with the Russian leadership, although retary of State and by the Director of the House, including its main sponsor, the CIA. The evidence is also clear that there is some evidence that assistance the gentleman from New York, Chair- continues to flow. Russian entities are aiding the Iranian man GILMAN, the Speaker of the House, Government in its efforts to acquire I believe the administration should the Democratic leader; and the com- view the House passage of this legisla- and develop ballistic missiles. Thus, panion bill in the Senate has similarly tion as aiding and assisting their ef- this legislation is needed. strong support. forts to persuade the Russians to cut This legislation appropriately im- The statement of administration pol- off all aid to the Iranian missile pro- poses sanctions on foreign persons who icy that has been quoted on the House gram and to enforce export controls transfer key missile components or floor is dated November 7, 1997. H.R. which will ensure no additional aid technology to Iran. I understand the 2709 has been modified since the state- leaks out. concerns that have been expressed by I wish that the majority had not ment of administration policy was the ranking member, but I think it is combined this bill with the Chemical originally written. One of the modifica- important that this House move this Weapons Convention Implementation tions in the bill was specifically made legislation forward, and I urge my col- Act of 1997. My fear is that the result of to address the administration’s con- leagues to support H.R. 2709. combining these two important pieces cerns. Mr. BEREUTER. Mr. Speaker, it is of legislation will mean that when this Section 2 of the bill requires the ad- my pleasure to yield 2 minutes to the bill gets over in the Senate, neither ministration to submit a report which gentleman from California [Mr. one will pass. That decision to combine identifies those foreign companies CUNNINGHAM]. has been made. Both bills are impor- where there is credible evidence that Mr. CUNNINGHAM. Mr. Speaker, al- tant. they have transferred or retransferred though this bill deals primarily with I might point out, by the way, that goods or technology or provided tech- missiles, I would like this body to con- both Russia and Iran have now ratified nical assistance to Iran’s efforts to ac- sider, China just bought 200 SU–27s the Chemical Weapons Convention, so quire, develop or produce ballistic mis- from Russia, better than our F–14s and that passage of the implementing legis- siles. F 15s, along with AA–12. China has sold lation is quite important on its own. The bill report from the committee nuclear components and chemical and My only hope is that if the Senate required this administration submit biological weapons to Iran, Iraq, and chooses, for whatever reason, to sever this report in unclassified form. That Pakistan. the two bills and send the chemical section now has been modified to allow China and Russia are not our friends, weapons implementation legislation the report to be classified. The com- and I think it is time that we need to back to us tomorrow and before we ad- mittee is persuaded that such a change realize that. Yes, we need to engage. I journ for the year, that we will take will assist the administration’s efforts do not think there will be peace in my that legislation up separately. But to halt the transfer of missile tech- lifetime in the Middle East, and we both bills are important, and the deci- nology to Iran. We urge the adminis- need to engage both of those parties, sion has been made to combine them, tration to consider this bill modifica- but they are still very, very dangerous. and I would urge my colleagues to sup- tion as it reviews its position on the In Bosnia, there are over 10,000 port its passage. bill. mujahedin and Hamas surrounding Mr. BEREUTER. Mr. Speaker, I yield I am not surprised the administra- Izetbegovic’s government. Yet we in 31⁄2 minutes to the distinguished gen- tion does not support the bill. Why? the United States continue to arm the tleman from Pennsylvania [Mr. FOX], a Because the bill does not give the ad- Muslims in that portion of the world, member of the committee. ministration the usual loopholes to when the balance has gone over. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10659 I would rise in support of this. The Iran has the capability and will have ties, and not simply to the foreign gov- Cold War is over, but it is a very, very the capability in a few months to be ernments. hostile world, and especially if you able to strike out and hit all the coun- So I support this legislation. I regret look at Russia today is building a first tries that I mentioned if it goes un- the necessity of it, but it is time to nuclear strike site. Russia today is checked. Now, it is clear that Russia step in with this kind of legislation to building under the Ural Mountains a has already provided Iran with critical reduce the likelihood that we will be first-strike nuclear weapons site larger know-how and technological support. faced with the kind of foreign policy than inside the Beltway. That is huge. The question facing us now is whether catastrophe that will be presented by Why? we can halt any further assistance, and Iranian possession and threat of use of Yet we need to arm the President, time is short. As I mentioned, we have long-range missiles. the White House, and this body, along but a few months to prevent Iran from Mr. HAMILTON. Mr. Speaker, I yield with the other body, needs to hold achieving a significant advance in its 1 minute to the distinguished gentle- firm. While we downgrade our own missile program. woman from Oregon [Ms. FURSE]. military, this is a first step in holding Most critical in the short term is the Ms. FURSE. Mr. Speaker, I think the line on proliferation for other prospect of Iran enhancing its ballistic there is an unfortunate problem that countries. missile capacity. Iranian acquisition of has occurred on this bill that Members Why downgrade our own military, ballistic missiles with a range of 1,300 should be aware of. I was an original and let other nations build theirs up, kilometers or more poses an unaccept- cosponsor of the original 2709, but the which are not only a threat to us? If able threat to American forces in the bill before us is not that bill, because you look in Bosnia, that is a threat to Middle East, as well as our allies the bill before us also includes the Greece, it is a threat to Europe, espe- throughout the Persian Gulf region. chemical weapons convention imple- cially with the mujahedin and Hamas. It is hard for me to believe that Rus- menting legislation. Yes, we are going to look at some of sia’s assistance to Iran does not violate Now, there is a real problem for this, those same missiles ourselves. Russia’s international obligations as and Members should know about that. So I laud the gentleman in this bill an adherent to the Missile Technology If the President should decide to veto and rise in support. Control Regime, the MTCR. It is also 2709, which there has been some talk Mr. HAMILTON. Mr. Speaker, I yield inconceivable to me that such transfers of, he will also veto the chemical weap- 3 minutes to the distinguished gen- would not trigger U.S. missile sanction ons convention legislation, the legisla- tleman from New York [Mr. ENGEL]. laws. tion that implements it. (Mr. ENGEL asked and was given For years we have been fighting for a permission to revise and extend his re- I think it is time for this Congress to stand tall and to say to Russia and chemical weapons convention. It would marks.) be a tragedy if tonight, by just a mis- Mr. ENGEL. Mr. Speaker, I thank my Russian companies that we are not going to permit this transfer, and H.R. take, if people think they are only vot- distinguished colleague, the gentleman ing for 2709. They must know they are from Indiana, for yielding me time. 2709 goes a long way in that direction. Mr. HAMILTON. Mr. Speaker, I yield putting at jeopardy the chemical weap- Mr. Speaker, I rise in strong support ons convention implementing legisla- of H.R. 2709, and I must tell you that I 2 minutes to the distinguished gen- tleman from New York [Mr. NADLER]. tion. have heretofore resisted any legislation I would urge Members to vote against which puts sanctions on Russia or any (Mr. NADLER asked and was given permission to revise and extend his re- 2709, even though, as I say, I was a co- entities. But I think the time has come sponsor, in order to protect that chem- that the Congress really needs to take marks.) Mr. NADLER. Mr. Speaker, I rise in ical weapons convention. A no vote will a tough stand. protect the chemical weapons conven- It is no secret that Russia and Rus- strong support of H.R. 2709. This bill would force the President to impose tion. sian companies have been providing Mr. HAMILTON. Mr. Speaker, I yield technology to Iran and missile goods to sanctions on entities that assist Iran’s missile program, mostly Russian, per- back the balance of my time. Iran. The one thing that strikes me is Mr. BEREUTER. Mr. Speaker, I yield haps some Chinese entities, perhaps if you go to the Middle East and you myself such time as I may consume. speak with heads of governments of all some European entities as well. Mr. Speaker, a bipartisan coalition of Mr. Speaker, others have expressed of the countries, Israel and the Arab Members of this House, a strong one, well the dangers that Iranian missiles, States may have many disagreements, want to have action on the chemical perhaps armed eventually with nuclear but the one thing on which they all weapons convention. We also want to warheads, pose to Israel, to some of our agree is that Iran is the threat to the see the implementation of it. We also Arab quasi-allies, and to American se- region. You will hear the same thing in want to see action on the Iran missile curity interests. Jerusalem, the capital of Israel, as you proliferation issue. will hear in Cairo, the capital of Egypt, Russian help and Chinese help for We understand the larger picture as you will hear in Riyadh, the capital this development is not a friendly act, with respect to Russia. We understand of Saudi Arabia, and all the Persian and is the most profoundly irrespon- the administration’s position on that. Gulf countries. While at the moment sible act, and the administration, for We understand the importance the ad- we are focused on Iraq and the crisis all its protestation, has shown a pat- ministration understandably places on there with Iraq, the governments will tern of certifying when Congress passed a Russian-American joint space explo- all say the long-range threat comes this law that says, we do not want ration program. from Iran. most-favored-nation treatment, we We have listened to the distinguished When we look to see which countries have seen that when we pass laws that Vice President of the United States. are assisting Iran in developing this say that this or that should not be We have listened to the highest offi- technology, we look to China, and the done unless the President certifies that cials in the Clinton administration. We President has had an agreement with human rights are being adhered to or have heard their arguments on this the Chinese leadership to stop any kind that nonproliferation is being adhered issue. of transfer of technology to Iran. We to, the certification comes whether the b look to North Korea, they have done it; facts support them or not all too often. 2130 and, of course, Russia. So I think it is time for Congress to But collectively, a large majority of I think that it is very, very impor- step in and tighten the legal regime, as people on both sides of the aisle in this tant that the Russian Government and this bill does, to make it more clear House, and indeed in the other body, the Russian companies understand that that these sanctions must be imposed. believe that we have waited long our patience has worn thin; that be- I also think that, given the some- enough to see the imposition of effec- cause Iran is not only a threat to the times unclear circumstances as to tive sanctions brought to bear upon the region, but indeed a threat to the whether the Russian Government has Russian entities that seem to be pro- world, supporting terrorism, we do not effective control over these entities, viding missile technology to Iran. We feel that we can simply let the status that it is good that this legislation ap- are unwilling to bear the risk of fur- quo continue. plies directly to these business enti- ther delays in implementing sanctions. H10660 CONGRESSIONAL RECORD — HOUSE November 12, 1997 We are sending a very, very clear mes- (1) by striking ‘‘In this title—’’ and inserting (A) in paragraph (1)(A) by striking the semi- sage to the government of Russia that ‘‘In this title:’’, colon at the end and inserting the following: we want entities in Russia to stop pro- (2) in each paragraph by inserting ‘‘The ‘‘other than a default that is a breach of a pro- viding this kind of cooperation to the term’’ after the paragraph designation, vision relating to— (3) in paragraph (35)(B) by striking ‘‘para- ‘‘(i) the satisfaction of any provision (other government of Iran. graphs (21B) and (33)(A)’’ and inserting ‘‘para- Mr. Speaker, because it places in than a penalty rate or penalty provision) relat- graphs (23) and (35)’’, ing to a default arising from any failure to per- jeopardy very large parts of the Per- (4) in paragraphs (35A) and (38) by striking ‘‘; form nonmonetary obligations under an sian Gulf, our allies in the Middle East, and’’ at the end and inserting a period, unexpired lease of real property, if it is impos- and major parts of Europe, we want to (5) in paragraph (51B)— sible for the trustee to cure such default by per- have action on this issue. We see the (A) by inserting ‘‘who is not a family farmer’’ forming nonmonetary acts at and after the time only way to have a likelihood that the after ‘‘debtor’’ the first place it appears, and of assumption; or (B) by striking ‘‘$4,000,000’’ and inserting President will sign the legislation is ‘‘(ii) the satisfaction of any provision (other ‘‘$15,000,000 as of the date of the filing of the pe- than a penalty rate or penalty provision) relat- attaching it to the implementation tition’’, legislation for the Chemical Weapons ing to a default arising from any failure to per- (6) by amending paragraph (54) to read as fol- form nonmonetary obligations under an execu- Convention. Alternatively, we can see lows: tory contract, if it is impossible for the trustee to the Iranians developing the missile ca- ‘‘(54) The term ‘transfer’ means— cure such default by performing nonmonetary pacity that enables them to bring great ‘‘(A) creation of a lien; acts at and after the time of assumption and if explosive destruction or even weapons ‘‘(B) retention of title as a security interest; the court determines, based on the equities of of mass destruction to bear on the Per- ‘‘(C) foreclosure of the debtor’s equity of re- the case, that this subparagraph should not demption; or apply with respect to such default;’’, and sian Gulf, on the Middle East and Eu- ‘‘(D) every mode, direct or indirect, absolute rope. Therefore, we urge our colleagues (B) by amending paragraph (2)(D) to read as or conditional, voluntary or involuntary, of dis- follows: to support H.R. 2709. posing of or parting with property or with an ‘‘(D) the satisfaction of any penalty rate or Mr. Speaker, I yield back the balance interest in property;’’, penalty provision relating to a default arising of my time. (7) in paragraphs (1) through (35), in para- from a failure to perform nonmonetary obliga- The SPEAKER pro tempore [Mr. CAL- graphs (36) and (37), and in paragraphs (40) tions under an executory contract or under an through (55), including paragraph (54) as added VERT]. All time has expired. unexpired lease of real or personal property.’’, by this section, by striking the semicolon at the (2) in subsection (c)— The question is on the motion offered end and inserting a period, and by the gentleman from Nebraska [Mr. (A) in paragraph (2) by adding ‘‘or’’ at the (8) by redesignating paragraphs (4) through end, BEREUTER] that the House suspend the (55), including paragraph (54) as added by this (B) in paragraph (3) by striking ‘‘; or’’ at the rules and pass the bill, H.R. 2709, as section, in entirely numerical sequence. end and inserting a period, and amended. SEC. 3. ADJUSTMENT OF DOLLAR AMOUNTS. (C) by striking paragraph (4), The question was taken; and (two- Section 104 of title 11, United States Code, is (3) in subsection (d)— thirds having voted in favor thereof) amended by inserting ‘‘522(f)(3),’’ after (A) by striking paragraphs (5) through (9), the rules were suspended and the bill ‘‘522(d),’’ each place it appears. and was passed. SEC. 4. EXTENSION OF TIME. (B) by redesignating paragraph (10) as para- The title of the bill was amended so Section 108(c)(2) of title 11, United States graph(5). as to read: Code, is amended by striking ‘‘922’’ and all that (4) in subsection (f)(1) by striking ‘‘; except follows through ‘‘or’’, and inserting ‘‘922, 1201, that’’ and all that follows through the end of A bill to impose certain sanctions on for- or’’. the paragraph and inserting a period. eign persons who transfer items contributing (b) IMPAIRMENT OF CLAIMS OR INTERESTS.— to Iran’s efforts to acquire, develop, or SEC. 5. PENALTY FOR PERSONS WHO NEG- LIGENTLY OR FRAUDULENTLY PRE- Section 1124(2) of title 11, United States Code, is produce ballistic missiles, and to implement PARE BANKRUPTCY PETITIONS. amended— the obligations of the United States under Section 110(j)(3) of title 11, United States (1) in subparagraph (A) by inserting ‘‘or of a the Chemical Weapons Convention. Code, is amended by striking ‘‘attorney’s’’ and kind that section 365(b)(1)(A) of this title ex- A motion to reconsider was laid on inserting ‘‘attorneys’ ’’. pressly does not require to be cured’’ before the the table. SEC. 6. LIMITATION ON COMPENSATION OF PRO- semicolon at the end, (2) in subparagraph (C) by striking ‘‘and’’ at f FESSIONAL PERSONS. Section 328(a) of title 11, United States Code, the end, GENERAL LEAVE is amended by inserting ‘‘on a fixed or percent- (3) by redesignating subparagraph (D) as sub- age fee basis,’’ after ‘‘hourly basis,’’. paragraph (E), and Mr. BEREUTER. Mr. Speaker, I ask (4) by inserting after subparagraph (C) the SEC. 7. COMPENSATION TO OFFICERS. unanimous consent that all Members following: Section 330(a) of title 11, United States Code, ‘‘(D) if such claim or such interest arises from may have 5 legislative days within is amended— any failure to perform a nonmonetary obliga- which to revise and extend their re- (1) in paragraph (1) by inserting ‘‘, or the tion, compensates the holder of such claim or marks on the legislation just consid- debtor’s attorney’’ after ‘‘1103’’, and such interest (other than the debtor or an in- ered. (2) in paragraph (3) by striking ‘‘(3)(A) In’’ sider) for any actual pecuniary loss incurred by and inserting ‘‘(3) In’’. The SPEAKER pro tempore. Is there such holder as a result of such failure; and’’. objection to the request of the gen- SEC. 8. SPECIAL TAX PROVISIONS. SEC. 12. AMENDMENT TO TABLE OF SECTIONS. Section 346(g)(1)(C) of title 11, United States tleman from Nebraska? The table of sections for chapter 5 of title 11, Code, is amended by striking ‘‘, except’’ and all There was no objection. United States Code, is amended by striking the that follows through ‘‘1986’’. f item relating to section 556 and inserting the fol- SEC. 9. EFFECT OF CONVERSION. lowing: BANKRUPTCY AMENDMENTS OF Section 348(f)(2) of title 11, United States ‘‘556. Contractual right to liquidate a commod- Code, is amended by inserting ‘‘of the estate’’ 1997 ities contract or forward con- after ‘‘property’’ the first place it appears. Mr. GEKAS. Mr. Speaker, I move to tract.’’. SEC. 10. AUTOMATIC STAY. suspend the rules and pass the bill Section 362(b) of title 11, United States Code, SEC. 13. ALLOWANCE OF ADMINISTRATIVE EX- (H.R. 764) to make technical correc- is amended— PENSES. tions to title 11, United States Code, (1) in paragraph (17) by striking ‘‘or’’ at the Section 503(b)(4) of title 11, United States and for other purposes, as amended. end, Code, is amended by inserting ‘‘subparagraph The Clerk read as follows: (2) in paragraph (18) by striking the period at (A), (B), (C), (D), or (E) of ’’ before ‘‘paragraph (3)’’. H.R. 764 the end and inserting ‘‘; or’’, and (3) by adding at the end the following: SEC. 14. PRIORITIES. Be it enacted by the Senate and House of Rep- ‘‘(19) under subsection (a) of this section, of Section 507(a) of title 11, United States Code, resentatives of the United States of America in any transfer that is not avoidable under section is amended— Congress assembled, 544 and not avoidable under section 549.’’. (1) in paragraph (3)(B) by striking the semi- SECTION 1. SHORT TITLE. SEC. 11. DEFAULTS BASED ON NONMONETARY colon at the end and inserting a period, and This Act may be cited as the ‘‘Bankruptcy OBLIGATIONS. (2) in paragraph (7) by inserting ‘‘unsecured’’ Amendments of 1997’’. (a) EXECUTORY CONTRACTS AND UNEXPIRED after ‘‘allowed’’. SEC. 2. DEFINITIONS. LEASES.—Section 365 of title 11, United States SEC. 15. EXEMPTIONS. Section 101 of title 11, United States Code, is Code, is amended— Section 522 of title 11, United States Code, is amended— (1) in subsection (b)— amended— November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10661 (1) in subsection (f)(1)(A)(ii)(II)— SEC. 24. DISPOSITION OF PROPERTY OF THE ES- with respect to cases commenced under title 11 (A) by striking ‘‘includes a liability designated TATE. of the United States Code on or after the date of as’’ and inserting ‘‘is for a liability that is des- Section 726(b) of title 11, United States Code, the enactment of this Act. ignated as, and is actually in the nature of,’’, is amended by striking ‘‘1009,’’. The SPEAKER pro tempore. Pursu- and SEC. 25. GENERAL PROVISIONS. ant to the rule, the gentleman from (B) by striking ‘‘, unless’’ and all that follows Section 901(a) of title 11, United States Code, through ‘‘support.’’, and is amended by inserting ‘‘1123(d),’’ after Pennsylvania [Mr. GEKAS] and the gen- (2) in subsection (g)(2) by striking ‘‘subsection ‘‘1123(b),’’. tleman from Michigan [Mr. CONYERS] (f)(2)’’ and inserting ‘‘subsection (f)(1)(B)’’. SEC. 26. APPOINTMENT OF ELECTED TRUSTEE. each will control 20 minutes. SEC. 16. EXCEPTIONS TO DISCHARGE. Section 1104(b) of title 11, United States Code, The Chair recognizes the gentleman Section 523 of title 11, United States Code, is is amended— from Pennsylvania [Mr. GEKAS]. amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’, and GENERAL LEAVE (1) in subsection (a)(3) by striking ‘‘or (6)’’ (2) by adding at the end the following new Mr. GEKAS. Mr. Speaker, I ask unan- each place it appears and inserting ‘‘(6), or paragraph: (15)’’, ‘‘(2)(A) If an eligible, disinterested trustee is imous consent that all Members may (2) as amended by section 304(e) of Public Law elected at a meeting of creditors under para- have 5 legislative days within which to 103–394 (108 Stat. 4133), in paragraph (15) by graph (1), the United States trustee shall file a revise and extend their remarks on the transferring such paragraph so as to insert it report certifying that election. Upon the filing bill now under consideration. after paragraph (14) of subsection (a), of a report under the preceding sentence— The SPEAKER pro tempore. Is there (3) in paragraph (9) by inserting ‘‘(i) the trustee elected under paragraph (1) objection to the request of the gen- ‘‘, watercraft, or aircraft’’ after ‘‘motor vehi- shall be considered to have been selected and tleman from Pennsylvania? cle’’, appointed for purposes of this section, and There was no objection. (4) in subsection (a)(15), as so redesignated by ‘‘(ii) the service of any trustee appointed Mr. GEKAS. Mr. Speaker, I yield my- operation of paragraph (2), by inserting ‘‘to a under subsection (d) shall terminate. spouse, former spouse, or child of the debtor ‘‘(B) In the case of any dispute arising out of self such time as I may consume. and’’ after ‘‘(15)’’, an election under subparagraph (A), the court The current bill, H.R. 764, the Bank- (5) in subsection (a)(17)— shall resolve the dispute.’’. ruptcy Amendments of 1997, consists (A) by striking ‘‘by a court’’ and inserting SEC. 27. ABANDONMENT OF RAILROAD LINE. primarily of technical corrections ‘‘on a prisoner by any court’’, Section 1170(e)(1) of title 11, United States which are intended to clarify original (B) by striking ‘‘section 1915 (b) or (f)’’ and Code, is amended by striking ‘‘section 11347’’ intent, correct drafting defects, and inserting ‘‘subsection (b) or (f)(2) of section and inserting ‘‘section 11326(a)’’. 1915’’, and improve grammar and cross-references SEC. 28. CONTENTS OF PLAN. (C) by inserting ‘‘(or a similar non-Federal in the Bankruptcy Code. Many of these Section 1172(c)(1) of title 11, United States law)’’ after ‘‘title 28’’ each place it appears, and changes are occasioned by minor prob- (6) in subsection (e) by striking ‘‘a insured’’ Code, is amended by striking ‘‘section 11347’’ lems with the language in the Bank- and inserting ‘‘section 11326(a)’’. and inserting ‘‘an insured’’. ruptcy Reform Act of 1994, and will not SEC. 29. DISCHARGE. SEC. 17. EFFECT OF DISCHARGE. Subsections (a) and (c) of section 1228 of title change the results in future cases. Section 524(a)(3) of title 11, United States There are also several more sub- Code, is amended by striking ‘‘section 523’’ and 11, United States Code, are amended by striking ‘‘1222(b)(10)’’ each place it appears and insert- stantive provisions, limited in scope, all that follows through ‘‘or that’’, and insert- designed to rectify shortcomings in ing ‘‘section 523, 1228(a)(1), or 1328(a)(1) of this ing ‘‘1222(b)(9)’’. title, or that’’. SEC. 30. CONTENTS OF PLAN. current law. They are fully discussed in SEC. 18. PROTECTION AGAINST DISCRIMINATORY Section 1322 of title 11, United States Code, is the committee report, and I will only TREATMENT. amended— briefly describe four provisions here. Section 525(c) of title 11, United States Code, (1) in subsection (b) by striking ‘‘(c)’’ and in- By amendment to section 101(51B) of is amended— serting ‘‘(d)’’, and the Bankruptcy Code, renumbered sec- (1) in paragraph (1) by inserting ‘‘student’’ (2) in subsection (e) by striking ‘‘default, shall’’ and inserting ‘‘default shall’’. tion 101(57), the present $4 million cap before ‘‘grant’’ the second place it appears, and on single asset real estate is raised to SEC. 31. DISCHARGE. (2) in paragraph (2) by striking ‘‘the program $15 million. This will enable creditors operated under part B, D, or E of’’ and insert- Paragraphs (1), (2), and (3) of section 1328(a) ing ‘‘any program operated under’’. of title 11, United States Code, are amended to in more cases to obtain expedited relief SEC. 19. PROPERTY OF THE ESTATE. read as follows: from the automatic stay’s bar to fore- Section 541(b)(4)(B)(ii) of title 11, United ‘‘(1) provided for under section 1322(b)(5) of closure. This is provided for under sec- States Code is amended by inserting ‘‘365 or’’ be- this title; tion 362(d)(3) of the Bankruptcy Code. fore ‘‘542’’. ‘‘(2) of the kind specified in paragraph (5), Section 101(54) of the Bankruptcy (8), or (9) of section 523(a) of this title; or Code, renumbered section 101(66), is SEC. 20. LIMITATIONS ON AVOIDING POWERS. ‘‘(3) for restitution, or a criminal fine, in- Section 546 of title 11, United States Code, is cluded in a sentence on the debtor’s conviction amended to define ‘‘transfer’’ as includ- amended by redesignating the second subsection of a crime.’’. ing the ‘‘creation of a lien,’’ which is in (g) as subsection (h). SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS. accord with a widely held understand- SEC. 21. PREFERENCES. Section 1334(d) of title 28, United States Code, ing. This will protect a purchase Section 547 of title 11, United States Code, is is amended— money lender, who has recorded a deed amended— (1) by striking ‘‘made under this subsection’’ of trust without knowledge of a bank- (1) in subsection (b) by striking ‘‘subsection and inserting ‘‘made under subsection (c)’’, and (c)’’ and inserting ‘‘subsections (c) and (h)’’, ruptcy filing, from the trustee’s power (2) by striking ‘‘This subsection’’ and insert- to avoid certain post-petition property and ing ‘‘Subsection (c) and this subsection’’. (2) by adding at the end the following: transfers. ‘‘(h) If the trustee avoids under subsection (b) SEC. 33. KNOWING DISREGARD OF BANKRUPTCY LAW OR RULE. And, section 365(b) of the Bankruptcy a security interest given between 90 days and 1 Section 156(a) of title 18, United States Code, Code is amended to give recognition to year before the date of the filing of the petition, is amended— different policy considerations that are by the debtor to an entity that is not an insider (1) in the first undesignated paragraph— implicated, when there are incurable for the benefit of a creditor that is an insider, (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘bank- nonmonetary defaults, in the trustee’s then such security interest shall be considered ruptcy’’, and to be avoided under this section only with re- power to assume executory contracts (B) by striking the period at the end and in- and unexpired leases of the debtor. spect to the creditor that is an insider.’’. serting ‘‘; and’’, and SEC. 22. POSTPETITION TRANSACTIONS. (2) in the second undesignated paragraph— The Code is amended in section Section 549(c) of title 11, United States Code, (A) by inserting ‘‘(2) the term’’ before ‘‘ ‘docu- 523(a)(9) to provide, as is now the case is amended— ment’’, and with motor vehicles, that any debt for (1) by inserting ‘‘an interest in’’ after ‘‘trans- (B) by striking ‘‘this title’’ and inserting ‘‘title death or personal injury arising from a fer of’’, 11’’. debtor’s unlawful operation of a (2) by striking ‘‘such property’’ and inserting SEC. 34. EFFECTIVE DATE; APPLICATION OF watercraft or aircraft while intoxi- ‘‘such real property’’, and AMENDMENTS. (3) by striking ‘‘the interest’’ and inserting cated is nondischargeable in bank- (a) EFFECTIVE DATE.—Except as provided in ruptcy. ‘‘such interest’’. subsection (b), this Act and the amendments SEC. 23. SETOFF. made by this Act shall take effect on the date of Mr. Speaker, it has been necessary to Section 553(b)(1) of title 11, United States the enactment of this Act. proceed with a manager’s amendment Code, is amended by striking ‘‘362(b)(14)’’ and (b) APPLICATION OF AMENDMENTS.—The to the bill as reported from the Com- inserting ‘‘362(b)(17)’’. amendments made by this Act shall apply only mittee on the Judiciary, primarily in H10662 CONGRESSIONAL RECORD — HOUSE November 12, 1997 order to further clarify the amendment up in bankruptcy matters, the judges, this bill, to include ‘‘watercraft’’ and to section 365(b). This has been agreed the trustees-in-bankruptcy, and the ‘‘aircraft’’ in the definition of ‘‘motor to by both sides. The manager’s amend- whole bankruptcy bar has been looking vehicle,’’ but rather it is the intention ment substitutes new language for sec- to have resolved for many years. So I to add ‘‘watercraft’’ and ‘‘aircraft’’ to tion 11 of the bill as reported. The am pleased on behalf of the Democrats this section of the Bankruptcy Code ex- other 33 sections of the bill remain un- on the committee to join with the gen- clusive of ‘‘motor vehicle,’’ and I want changed. tleman from Pennsylvania [Mr. GEKAS] the record to reflect this. Section 11(a) modifies the language in urging that this measure, H.R. 764, Again, Mr. Speaker, while this issue of section 11, as reported, to clarify be reported. may not garner a great deal of public that when a trustee or debtor-in-pos- Mr. Speaker, I reserve the balance of attention, those that have been nega- session is excused from curing a non- my time. tively impacted by the lack of clarity monetary default under a real estate Mr. GEKAS. Mr. Speaker, I yield 3 in this section of the Bankruptcy Code lease or executory contract as a condi- minutes to the gentleman from Michi- have suffered significantly by not being tion to the assumption of the contract gan [Mr. EHLERS]. able to collect judgments that have or lease, the creditor remains entitled Mr. EHLERS. Mr. Speaker, first I been given them, and we ought to pro- to compensation for actual pecuniary want to thank the gentleman for yield- tect future victims of drunk boating loss resulting from the default and to ing me this time to speak regarding and drunk flying by adopting the sim- adequate assurance of future perform- section 10(2)(B) of this bill. This section ple correction called for in this bill. ance. would make nondischargeable through Mr. CONYERS. Mr. Speaker, I have Section 11(b) amends section 1124(2) bankruptcy a debt incurred as a result no further requests for time, and I of the Bankruptcy Code to modify a of the operation of a boat or airplane yield back the balance of my time. cross-reference to reflect the clarifica- while under the influence of alcohol. Mr. GEKAS. Mr. Speaker, I yield 21⁄2 tion made by section 11(a), and to pro- This section is taken from a bill I minutes to the gentleman from Michi- vide that the creditor remains entitled sponsored for several years and which gan [Mr. KNOLLENBERG]. to compensation for actual pecuniary the House passed unanimously last Mr. KNOLLENBERG. Mr. Speaker, I loss resulting from the default for pur- year, but which unfortunately did not want to thank the chairman of the sub- poses of determining when the credi- receive action in the Senate. My bill, committee, the gentleman from Penn- tor’s claim or interest arising from the and this section of H.R. 764, seeks to sylvania [Mr. GEKAS], for the work that default is not impaired. correct what I believe was a bill-draft- he has done on this bill in fashioning it Does the Speaker understand fully ing oversight involving our bankruptcy as he did and allowing my inclusion. what I have just described here in the laws. What I would like to speak about is last 5 minutes? If not, Mr. Speaker, I Current law states that if an individ- that H.R. 764 includes a provision, and urge the House to pass H.R. 764, the ual incurs a debt as a result of the op- by the way, I do support this bill, in- Bankruptcy Amendments of 1997. eration of a motor vehicle under the in- cludes a provision that addresses an in- Mr. Speaker, I reserve the balance of fluence of alcohol, they cannot have justice that exists within Title XI of my time. that debt discharged through a declara- the United States Code regarding sin- Mr. CONYERS. Mr. Speaker, I yield gle asset bankruptcies. This provision tion of bankruptcy. Since this law was myself such time as I may consume. is similar to legislation that I intro- originally enacted, the courts have Mr. Speaker, I want to commend the duced in H.R. 73, and I thank the entire generally interpreted the statute’s use subcommittee Chairman, the gen- committee again for bringing this bill of the term ‘‘motor vehicle’’ as mean- tleman from Pennsylvania [Mr. to the floor today. ing ‘‘automobile,’’ although some GEKAS], and the ranking member, the The injustice within Title XI stems gentleman from New York [Mr. courts have differed with that. from an eleventh hour action, call it Mr. Speaker, as we know, my home NADLER], for working on this measure 11:59, during the 103d Congress that that was introduced by myself, and the State of Michigan has an extraor- placed an arbitrary $4 million ceiling dinarily robust boating industry. Over gentleman from Illinois [Mr. HYDE], on on single asset provisions in the bill. the first day of the session, and they the years we have worked hard on the The affect has been to render investors have been at it for quite a while. State level, as have many other States, helpless in foreclosures on single assets The long and short of the bankruptcy to make it perfectly clear that drunk that were valued over $4 million. H.R. laws are that there are about 29 tech- boating is as serious a crime as drunk 764 will provide some relief to victims nical corrections and about 5 sub- driving, and we have consistently writ- of this arbitrary $4 million ceiling by stantive corrections. The gentleman ten Michigan drunk driving laws to ex- raising the ceiling to $15 million. from Pennsylvania [Mr. GEKAS] has plicitly include drunk boating. While I am glad to see we are moving mentioned 4 of the 5, and I am in per- The language in this section simply in the right direction, I frankly believe fect agreement with him. seeks to extend this notion of equal we should eliminate the arbitrary ceil- We are now hopeful that the Senate treatment of drunk driving and drunk ing altogether. Under this law, Chapter will be able to meet with us as early as boating to the Federal level, as it con- XI of the Bankruptcy Code serves as a they can in the year and that we can cerns our bankruptcy laws. Since the legal shield for the debtor. work this to a favorable resolution, be- courts have ruled that the Bankruptcy b cause there are more and more bank- Code, as it is currently written, may 2145 ruptcy issues coming forward in the only refer to automobiles, we seek to While in Chapter 11, the debtor will next year, the last term of this Con- specifically add watercraft to this sec- continue to collect the rents on this gress. tion of the Bankruptcy Code. commercial asset. There is a problem. Now, I would like to raise to the In addition, while it does not have The problem is that the commercial Members’ attention the fact that our the public profile of drunk driving and property will typically be left to dete- colleague from Michigan [Mr. EHLERS] drunk boating, the operation of air- riorate and the property taxes go un- did us a singular honor by tracking a craft under the influence of alcohol and paid. When the investor finally recov- fifth circuit case that required amend- drugs has also been a problem, with far ers the property through the delayed ing, in which one distinguished judge higher potential for injury and death. I foreclosure, they owe an enormous was not able to distinguish that motor might just mention parenthetically the amount of back taxes, they receive a boats and airplanes are in the same airplane that crashed into the White commercial property left in deteriora- category as automobiles, and we talk House a few years ago when someone tion which has lower rent value and about nondischargeability, and he was flying under the influence of alco- lower resale value, and, meanwhile, the weighed in in a very important way to hol and drugs. This bill’s language rec- rent for all the months or years they bring about the changes that the gen- ognizes this and includes the drunk op- were trying to retain the property tleman from Pennsylvania [Mr. GEKAS] eration of aircraft as well. went to an uncollectable debtor. has referred to. I want to note here that it is not my It is also worth noting that H.R. 764 All in all, this bill clarifies many intention, nor do I believe that it is the does not leave the debtor without pro- outstanding issues that those who end intention of this committee presenting tection. First, the investor brings a November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10663 foreclosure against a debtor only as a There was no objection. Mr. Speaker, I have no further re- last resort; and, second, the debtor has Mr. GEKAS. Mr. Speaker, I yield my- quests for time, and I yield back the up to 90 days to reorganize under Chap- self such time as I may consume. balance of my time. ter 11. Mr. Speaker, this is a momentous Mr. GEKAS. Mr. Speaker, I regret Mr. Speaker, I urge my colleagues to piece of legislation. I hope the Speaker that we have no more speakers on this support H.R. 764. While I feel that we pays close attention to the content of subject, since I wanted a full debate, should eliminate the arbitrary ceiling our presentation. but I have no further requests for time, on single-asset bankruptcies, this bill This bill is sponsored by myself and so I reluctantly yield back the balance moves us in the right direction by the gentleman from New York [Mr. of my time. making it harder for individuals to NADLER], and there is no controversy The SPEAKER pro tempore. The game the system. associated with it except what I am question is on the motion offered by Mr. GEKAS. Mr. Speaker, I yield my- going to make of it. But, Mr. Speaker, the gentleman from Pennsylvania [Mr. self such time as I may consume. H.R. 2440 is truly a technical correc- GEKAS] that the House suspend the Mr. Speaker, I thank our colleague, tions bill, which the gentleman from rules and pass the bill, H.R. 2440. the gentleman from Michigan, for add- New York and I have introduced, with The question was taken; and (two- ing to the impetus of this legislation, the agreement of the Office of Law Re- thirds having voted in favor thereof) and I thank the gentleman from Michi- vision Counsel. the rules were suspended and the bill gan and the gentleman from New York Section 10 of title 9, United States was passed. [Mr. NADLER] for their cooperation. Code, has a typographical flaw which A motion to reconsider was laid on Mr. Speaker, I yield back the balance has evaded detection ever since its the table. original enactment. That section enu- of my time. f The SPEAKER pro tempore [Mr. CAL- merates the grounds for vacating an VERT]. The question is on the motion arbitrator’s award with each new GRANTING CONSENT OF CONGRESS offered by the gentleman from Penn- ground beginning with the word TO THE CHICKASAW TRAIL ECO- sylvania [Mr. GEKAS] that the House ‘‘where.’’ The fifth ground, however, is NOMIC DEVELOPMENT COMPACT suspend the rules and pass the bill, obviously not a ground for vacating an Mr. GEKAS. Mr. Speaker, I move to H.R. 764, as amended. award but, rather, the beginning of a suspend the rules and pass the joint The question was taken; and (two- new sentence. resolution (H.J. Res. 95) granting the thirds having voted in favor thereof) The error was called to our attention consent of Congress to the Chickasaw the rules were suspended and the bill, by a law clerk for a justice of the State Trail Economic Development Compact. as amended, was passed. of New York Supreme Court, the Ap- The Clerk read as follows: A motion to reconsider was laid on pellate Division, Mr. Peter Brokowski H.J. RES. 95 the table. by name, who had occasion to refer to the statute. This, of course, is in itself Resolved by the Senate and House of Rep- f resentatives of the United States of America in heartening as an example of observant Congress assembled, The Congress consents to TECHNICAL CORRECTIONS TO SEC- and conscientious citizens participat- TION 10 OF TITLE 9, UNITED the Chickasaw Trail Economic Development ing in and having an effect on their Compact entered into by the State of Ten- STATES CODE government. We want the record to nessee and the State of Mississippi. The com- Mr. GEKAS. Mr. Speaker, I move to show how much we worked on this pact is substantially as follows: suspend the rules and pass the bill piece of legislation. I urge adoption of CHICKASAW TRAIL ECONOMIC (H.R. 2440) to make technical amend- the bill. DEVELOPMENT COMPACT ments to section 10 of title 9, United Mr. Speaker, I reserve the balance of Article I. The purpose of this compact is to States Code. my time. promote the development of an undeveloped The Clerk read as follows: Mr. NADLER. Mr. Speaker, I yield rural area of Marshall County, Mississippi, H.R. 2440 myself such time as I may consume. and Fayette County, Tennessee (hereinafter Be it enacted by the Senate and House of Rep- (Mr. NADLER asked and was given referred to as ‘‘Chickasaw Trail Economic resentatives of the United States of America in permission to revise and extend his re- Development Area’’), and to create a devel- Congress assembled. marks.) opment authority which incorporates public and private partnerships to facilitate the SECTION 1. VACATION OF AWARDS. Mr. NADLER. Mr. Speaker, this bill, Section 10 of title 9, United States Code, is as the distinguished chairman said, is a economic growth of such areas by providing amended— developed sites for the location and con- momentous piece of legislation. We struction of manufacturing plants, distribu- (1) by indenting the margin of paragraphs refer to it as the comma bill. It clears (1) through (4) of subsection (a) 2 ems; tion facilities, research facilities, regional (2) by striking ‘‘Where’’ in such paragraphs up the language in title 9 of the U.S. and national offices with supportive services, and inserting ‘‘where’’; Code without making any substantive and facilities, and to establish a joint inter- (3) by striking the period at the end of changes. state authority to assist in these efforts. paragraphs (1), (2), and (3) of subsection (a) Section 10(a) of the Code sets out Article II. This compact shall become ef- and inserting a semicolon and by adding four cases under which a court may va- fective immediately whenever the states of ‘‘or’’ at the end of paragraph (3); cate an arbitrator’s award after appli- Tennessee and Mississippi have ratified it and Congress has given consent thereto. (4) by redesignating subsection (b) as sub- cation of one of the parties. However, section (c); and Article III. The states which are parties to (5) in paragraph (5), by striking ‘‘Where an section 10(a) contains what appears to this compact (hereinafter referred to as award’’ and inserting ‘‘If an award’’, by in- be a fifth case in which an award may ‘‘party states’’) do hereby establish and cre- serting a comma after ‘‘expired’’, and by re- be vacated. In fact, it is clear from the ate a joint agency which shall be known as designating the paragraph as subsection (b). context that section 10(a)(5) is intended the Chickasaw Trail Economic Development The SPEAKER pro tempore. Pursu- to set out the circumstances under Authority (hereinafter referred to as the ant to the rule, the gentleman from which the court may direct a rehearing ‘‘Authority’’). The membership of the Au- thority shall consist of an appointee of the Pennsylvania [Mr. GEKAS] and the gen- by the arbitrators, and not a vacating Governor of each party state, each state’s tleman from New York [Mr. NADLER] of the arbitrator’s award. It should chief economic development official or his/ each will control 20 minutes. therefore be placed into a separate sub- her representative, appointee of each of the The Chair recognizes the gentleman section. The bill does this and clarifies member counties board of supervisors/county from Pennsylvania [Mr. GEKAS]. the law, so I support this bill. legislative body, selected from nominees GENERAL LEAVE I would only add that the chairman from the county’s industrial development Mr. GEKAS. Mr. Speaker, I ask unan- referred to the law clerk who brought board, and an appointee of the property own- imous consent that all Members may it to our attention. He is the law clerk ers’ group. The appointive members of the have 5 legislative days within which to of the Appellate Division justice, the authority shall serve for terms of four (4) Honorable Richard Wallach, who is a years. Vacancies on the Authority shall be revise and extend their remarks on the filled by appointment by the Governor or the bill under consideration. constituent and longtime friend and as- appropriate appointing authority for the The SPEAKER pro tempore. Is there sociate of mine. I am glad that his of- unexpired part of the term. The members of objection to the request of the gen- fice was on the ball and brought this to the Authority shall serve without compensa- tleman from Pennsylvania? our attention. tion or reimbursement of expenses. The H10664 CONGRESSIONAL RECORD — HOUSE November 12, 1997 members of the Authority shall hold regular substantial difference in its form or lan- in need of available land for future in- quarterly meetings and such special meet- guage as adopted by the States. dustrial growth. The rural nature of ings as its business may require. They shall SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. the tract plus its current and planned choose annually a chairman and vice-chair- The right to alter, amend, or repeal this accessibility make it advantageous for man from among their members, and the joint resolution is hereby expressly reserved. chairmanship shall rotate each year between a planned park providing jobs for resi- the party states. The secretary of the Au- The SPEAKER pro tempore. Pursu- dents of both States. thority (hereinafter provided for) shall no- ant to the rule, the gentleman from Once again, I urge my colleagues to tify each member in writing of all meetings Pennsylvania [Mr. GEKAS] and the gen- consent to this compact by suspending of the Authority in such a manner and under tleman from New York [Mr. NADLER] the rules and passing House Joint Res- such rules and regulations as the Authority each will control 20 minutes. olution 95. may prescribe. The Authority shall adopt The Chair recognizes the gentleman rules and regulations for the transaction of Mr. Speaker, I reserve the balance of from Pennsylvania [Mr. GEKAS]. its business; and the secretary shall keep a my time. record of all its business, and shall furnish a GENERAL LEAVE Mr. NADLER. Mr. Speaker, I yield copy thereof to each member of the Author- Mr. GEKAS. Mr. Speaker, I ask unan- myself such time as I may consume. ity, It shall be the duty of the Authority in imous consent that all Members may (Mr. NADLER asked and was given general, to promote, encourage and coordi- have 5 legislative days within which to permission to revise and extend his re- nate the efforts of the party states to secure revise and extend their remarks on the marks.) the development of the Chickasaw Trail Eco- joint resolution under consideration. Mr. NADLER. Mr. Speaker, this bill nomic Development Authority. Toward this end, the authority shall have power to hold The SPEAKER pro tempore. Is there gives the consent of Congress to the hearings; to conduct studies and surveys of objection to the request of the gen- compact between the States of Mis- all problems, benefits and other matters as- tleman from Pennsylvania? sissippi and Tennessee to establish the sociated with the development of the Chick- There was no objection. Chickasaw Trail Economic Develop- asaw Trail Economic Development area and Mr. GEKAS. Mr. Speaker, I yield my- ment Agency. to make reports thereon; to acquire, by gift self such time as I may consume. The compact establishes an economic or otherwise, and hold and dispose of such Mr. Speaker, I urge my colleagues to development authority to determine money and property as may be provided for join me in approving this resolution, the feasibility of establishing an indus- the proper performance of their functions; to House Joint Resolution 95, giving the trial park in Fayette County, Ten- cooperate with other public or private groups, whether local, state, regional or na- consent of Congress to the Chickasaw nessee, and Marshall County, Mis- tional, having an interest in economic devel- Trail Economic Development Compact sissippi, and to assist in public-private opment; to formulate and execute plans and entered into between the State of Ten- partnerships to promote economic de- policies for emphasizing the purpose of this nessee and the State of Mississippi. velopment in that bi-State area. compact before the Congress of the United As everyone knows by now, the Unit- The legislation simply restates the States and other appropriate officers and ed States Constitution provides that no compact, provides that the validity of agencies of the United States and the respec- two States or no number of States may the compact will not be affected by any tive states; and the exercise of such other enter into any agreements among insubstantial differences in its formal powers as may be appropriate to enable it to accomplish its functions and duties in con- themselves without the consent of Con- language as adopted by the two States, nection with the development of the Chicka- gress. That is a constitutional mandate and reserves to Congress the right to saw Trail Economic Development Area and that we have observed faithfully alter, amend, or appeal the joint reso- to carry out the purposes of this compact. throughout the years. Thus, the Sub- lution giving consent to the compact. Article IV. The Authority shall appoint a committee on Commercial and Admin- Mr. Speaker, the congressional dele- secretary, who shall be a person familiar istrative Law of the Committee on the gations of the two States support this with the nature, procedures and significance Judiciary, which I chair, has jurisdic- bill, as do the two legislatures and both of economic development and the informa- tional, educational and publicity methods of tion and is happy to announce that this Governors. The subcommittee and stimulating general interest in such develop- particular proposed compact has its committee unanimously reported the ments, and who shall be the compact admin- full approval. bill. I urge its adoption. istrator. His/her term of office shall be at the Mr. Speaker, the facts are that in Mr. Speaker, I reserve the balance of pleasure of the Authority. He/she shall main- 1992 the Marshall County, Mississippi, my time. tain custody of the Authority’s books, Industrial Development Authority rec- Mr. GEKAS. Mr. Speaker, I yield 3 records and papers, which he/she shall keep ognized the need to develop a large re- minutes to the gentleman from Ten- at the office of the Authority, and he/she shall perform all functions and duties, and gional industrial park in the northern nessee [Mr. BRYANT]. exercise all powers and authorities, that may part of the county. The idea of a two- Mr. BRYANT. Mr. Speaker, I want to be delegated to him/her by the Authority. State industrial park materialized thank the chairman of our subcommit- Article V. Nothing in this compact shall be when a large tract of relatively tee, the distinguished gentleman from construed to conflict with any existing stat- uninhabited land owned by only a few Pennsylvania [Mr. GEKAS], and also the ute, or to limit the powers of any party or individuals was identified on both sides distinguished ranking member of our state or to repeal or prevent legislation, or to authorize or permit curtailment or dimi- of the Mississippi-Tennessee border. subcommittee, the gentleman from nution of any other economic development Located adjacent to the Memphis met- New York [Mr. NADLER], whom I also project, or to affect existing or future coop- ropolitan area, this region is traversed want to commend for his correct pro- erative arrangements or relationships be- by three major thoroughfares. nunciation of all of these words. Very tween any federal agency and a party state. Verbal agreement of the landowners good. Article VI. This compact shall continue in to participate in a public-private part- Mr. Speaker, at the request, as has force and remain binding upon each party state until the Legislature or Governor of nership and the support of local and been said, of our former colleague and each or either state takes action to with- State officials for the concept helped the very distinguished Governor of draw therefrom; provided that such with- to promote the project, which was en- Tennessee, Don Sundquist, and also the drawal shall not become effective until six dorsed in 1995 by our former colleague, very distinguished Governor of the (6) months after the date of the action taken. now Tennessee Governor Don Sund- State of Mississippi, Kirk Fordice, I, Notice of such action shall be given by the quist, and Mississippi Governor Kirk along with the gentleman from Mis- Secretary of State of the party state which sissippi, Mr. ROGER WICKER, introduced takes such action. Fordice. In witness whereof, I, Kirk Fordice, have In 1996, the Tennessee and Mississippi House Joint Resolution 95, which subscribed my signature and caused the State legislatures passed enabling leg- would give congressional consent to an Great Seal of the State of Mississippi to be islation creating the Chickasaw Trail interstate compact establishing the affixed this 9th day of May, 1997. Economic Development Compact, sub- Chickasaw Trail Economic Develop- In witness whereof, I, Don Sundquist, have ject to congressional approval, and ment Authority. subscribed my signature and caused the Under this compact, the Chickasaw Great Seal of the State of Tennessee to be af- they set up a board of directors for its fixed this 9th day of April, 1997. development. Authority would conduct a study to de- SEC. 2. INCONSISTENCY OF LANGUAGE. The industrial park envisioned by the termine the feasibility of establishing The validity of the compact consented to compact is located adjacent to the an industrial park which would lie both by this Act shall not be affected by any in- metropolitan Memphis area, which is in Fayette County, Tennessee, and November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10665 Marshall County, Mississippi. Should in Tennessee, the Memphis Area Cham- Congress assembled, That consent of Congress the authority issue a favorable report, ber of Commerce organized the Mid is hereby given to the amendments of the the States would then negotiate a new South Common Market, which includes State of Maryland (Chapter 489, 1996 Laws of compact implementing the details the Maryland General Assembly and Chapter the States of Tennessee and Mississippi 91 and 699, 1997 Laws of the Maryland Gen- needed to establish a 4,000 to 5,000-acre and numerous counties around the city eral Assembly), the amendments of the Com- industrial park. These large tracts of of Memphis. monwealth of Virginia (Chapter 150, 1995 land would come complete with utili- b 2200 Acts of Assembly of Virginia), and the ties and infrastructure needed to at- amendments of the District of Columbia tract and support the more sophisti- As a result of cooperation and con- (D.C. Law 11–443) to sections 62 and 76 of title cated high-technology industry for sultation between economic develop- III of the Washington Metropolitan Area which the two States already compete. ment leaders in these two States, the Transit Regulation Compact. Such amend- There are many potential benefits to idea of a regional industrial park was ments are as follows: (1) Section 62(a) is amended to read as fol- this effort. It is hoped that by dispos- born. The innovative project would be lows: ing of the incentive wars between the a 4,000- to 5,000-acre industrial park lo- ‘‘(a) The Board shall not raise any fare or States, both Tennessee and Mississippi cated in both Marshall County, Mis- rate, nor implement a major service reduc- can capitalize on the advantages of the sissippi, and Fayette County, Ten- tion, except after holding a public hearing region that lie on both sides of their nessee. with respect thereto.’’. border and attract new employment (2) Section 62(c) is amended to read as fol- Mr. Speaker, I am excited about this lows: and investment opportunities. project because it will enhance the ‘‘(c) The Board shall give at least fifteen The proposed project will help de- economy of our region and improve the days’ notice for all public hearings. The no- velop the educational and economic op- lives of my constituents who live in tice shall be given by publication in a news- portunities needed to improve the qual- Marshall County and the surrounding paper of daily circulation throughout the ity of life of the people living in this area. I urge its adoption. I think it is Transit Zone and such notice shall be pub- area, while at the same time fulfilling an example of the American can-do at- lished once a week for two successive weeks. the industrial growth needs of the city The notice period shall start with the first titude. day of publication. Notices of public hear- of Memphis and Shelby County. Mr. GEKAS. Mr. Speaker, I yield Mr. Speaker, this project is non- ings shall be posted in accordance with regu- back the balance of my time. lations promulgated by the Board.’’. controversial and represents an innova- Mr. NADLER. Mr. Speaker, in that (3) Section 76(b) is amended to read as fol- tive approach to the mutual benefit of case, I have no further speakers. I urge lows: the two counties and the two States. It the adoption of the bill, and I yield ‘‘(b) A member of the Metro Transit Police has been cosponsored by the entire shall have the same powers, including the back the balance of my time. power of arrest, and shall be subject to the Tennessee and Mississippi delegations The SPEAKER pro tempore. The and has passed out of the Committee same limitations, including regulatory limi- question is on the motion offered by tations, in the performance of his duties as a on the Judiciary by voice vote. Again, the gentleman from Pennsylvania [Mr. member of the duly constituted police force I would encourage my colleagues in the GEKAS] that the House suspend the of the political subdivision in which the House to support its passage. rules and pass the joint resolution, Metro Transit Police member is engaged in Mr. GEKAS. Mr. Speaker, I yield 4 House Joint Resolution 95. the performance of his duties. A member of minutes to the gentleman from Mis- the Metro Transit Police is authorized to The question was taken; and (two- sissippi [Mr. WICKER]. carry and use only such weapons, including Mr. WICKER. Mr. Speaker, I thank thirds having voted in favor thereof) handguns, as are issued by the Authority. A the chairman for yielding me the time. the rules were suspended and the joint member of the Metro Transit Police is sub- Mr. Speaker, I rise in support of this resolution was passed. ject to such additional limitations in the use resolution to prove the Chickasaw A motion to reconsider was laid on of weapons as are imposed on the duly con- the table. stituted police force for the political subdivi- Trail Economic Development Compact. sion in which he is engaged in the perform- I want to thank the gentleman from f ance of his duties.’’. Pennsylvania [Mr. GEKAS] and the gen- GRANTING CONSENT AND AP- (4) Section 76(e) is amended to read as fol- tleman from New York [Mr. NADLER], lows: PROVAL OF CONGRESS FOR the ranking member, for acting on this ‘‘(e) The Authority shall have the power to resolution and for allowing it to come STATE OF MARYLAND, COMMON- adopt rules and regulations for the safe, con- before the House so quickly. I also WEALTH OF VIRGINIA, AND DIS- venient, and orderly use of the transit facili- ties owned, controlled, or operated by the want to thank my good friend, the gen- TRICT OF COLUMBIA TO AMEND WASHINGTON METROPOLITAN Authority, including the payment and the tleman from Tennessee [Mr. BRYANT], AREA TRANSIT REGULATION manner of the payment of fares or charges and the majority leader for their help. therefor, the protection of the transit facili- Mr. Speaker, this may seem like a COMPACT ties, the control of traffic and parking upon simple and straightforward bill, and it Mr. GEKAS. Mr. Speaker, I move to the transit facilities, and the safety and pro- is, but the Chickasaw Trail Economic suspend the rules and pass the joint tection of the riding public. In the event that Development Compact is a very impor- resolution (H.J. Res. 96) granting the any such rules and regulations contravene tant local initiative between Marshall consent and approval of Congress for the laws, ordinances, rules, or regulations of a signatory or any political subdivision County, Mississippi, and Fayette Coun- the State of Maryland, the Common- thereof which are existing or subsequently ty, Tennessee. wealth of Virginia, and the District of enacted, these laws, ordinances, rules, or According to statistics, Marshall Columbia to amend the Washington regulations of the signatory or the political County, Mississippi, is economically Metropolitan Area Transit Regulation subdivision shall apply and the conflicting disadvantaged, without the resources Compact. rule or regulation, or portion thereof, of the and infrastructure necessary to com- The Clerk read as follows: Authority shall be void within the jurisdic- tion of that signatory or political subdivi- pete and to attract business and indus- H.J. RES. 96 try. But the people of Marshall County sion. In all other respects, the rules and reg- Whereas the State of Maryland, the Com- have viewed their present cir- ulations of the Authority shall be uniform monwealth of Virginia, and the District of throughout the Transit Zone. The rules or cumstances as a challenge and an op- Columbia have adopted amendments to the regulations established under this subsection portunity. They put their heads to- Washington Metropolitan Area Transit Reg- shall be adopted by the Board following pub- gether and came up with a long-term ulation Compact relating to public hearing lic hearings held in accordance with section economic development plan to attract requirements and empowering transit police 62(c) and (d) of this Compact. The final regu- jobs and ensure a bright future for the officers to carry weapons issued by WMATA lation shall be published in a newspaper of next generation. Included in this vision while in an off-duty status, consistent with general circulation within the Zone at least for the future has been the develop- limitations imposed by the applicable politi- 15 days before its effective date. Any person cal subdivision; and violating any rule or regulation of the Au- ment of a large industrial park in Whereas the Congress has reviewed such thority shall be subject to arrest and, upon northern Marshall County, adjacent to amendments and is willing to consent to conviction by a court of competent jurisdic- the Tennessee line. such amendments: Now therefore, be it tion, shall pay a fine of not more than two At the same time, Mr. Speaker, in an Resolved by the Senate and House of Rep- hundred fifty dollars ($250) and costs. Crimi- effort to improve the regional economy resentatives of the United States of America in nal violations of any rule or regulation of H10666 CONGRESSIONAL RECORD — HOUSE November 12, 1997 the Authority shall be prosecuted by the sig- spond quickly to ridership needs. Fif- or to make a major service reduction. natory or political subdivision in which the teen days’ notice would be required for The current compact requires there be violation occurred, in the same manner by public hearings, with newspaper publi- a public hearing for any fare change, which violations of law, ordinances, rules, cation still required, but other required even presumably a reduction in the and regulations of the signatory or political subdivisions are prosecuted.’’. manner of posting such notice to be es- fare, or for the establishment or aban- tablished by regulation. donment of any service, no matter how The SPEAKER pro tempore. Pursu- The second amendment removes lan- minor, with few exceptions. ant to the rule, the gentleman from guage from the compact restricting The notice period for a public hearing Pennsylvania {Mr. GEKAS] and the gen- WMATA Metro Transit Police to carry- is reduced herein from 30 to 15 days, tleman from New York [Mr. NADLER] ing service weapons while on duty or in and the requirement that notices be each will control 20 minutes. direct transit to and from duty assign- posted in Authority offices, stations, The Chair recognizes the gentleman ment. The amendment would allow and rolling stock is eliminated. The re- from Pennsylvania [Mr. GEKAS]. transit police to join other State and quirement is retained that the notice GENERAL LEAVE local area police officers who are au- be published in a newspaper of general Mr. GEKAS. Mr. Speaker, I ask unan- thorized to carry weapons during off- circulation at least once a week for 2 imous consent that all Members may duty hours. They will, however, con- weeks, and further, as the Board may have 5 legislative days in which to re- tinue to be subject to any additional prescribe through regulations. vise and extend their remarks on this restrictions with respect to use of Finally, the changes provide that joint resolution. weapons as imposed on the duly con- criminal violations of any rule or regu- The SPEAKER pro tempore. Is there stituted police for the political subdivi- lation of the Metro shall be prosecuted objection to the request of the gen- sion in which they are engaged for per- in accordance with the laws of the ju- tleman from Pennsylvania? formance of their duties. Transit police risdiction in which the violation oc- There was no objection. will be allowed possession of an Au- curred. Mr. GEKAS. Mr. Speaker, I yield my- thority-issued weapon only. Mr. Speaker, one or two of the self such time as I may consume. The final amendment merely clari- changes gives some pause to me, and if Mr. Speaker, I urge adoption of H.J. fies the process by which certain this were proposed for the New York Res. 96. Just as in the previous case, WMATA regulations are established, City system, I am not so sure I would this is to consider a compact in time setting out the responsibility of the support it. But since I believe that among the entities of Maryland, Vir- board to hold public hearings and to Congress ought to allow, when there is ginia, and the District of Columbia as publish adopted regulations for con- unanimous agreement among local ju- it pertains to agreements reached by duct on its property at least 15 days be- risdictions, two States and the District those entities with respect to the fore the effective date of such regula- of Columbia, we should defer to their Washington Metropolitan Area Transit tions. wisdom. I urge the adoption of this bill. Regulation Compact. Mr. Speaker, I know of no con- Mr. Speaker, I reserve the balance of Each one of these entities is a signa- troversy associated with this joint res- my time. tory, and by reason of the Constitu- olution, and I urge its adoption by the Mr. GEKAS. Mr. Speaker, I yield tion, the Congress has to approve the House. such time as he may consume to the Mr. Speaker, I reserve the balance of agreements that have been reached. gentleman from Virginia [Mr. DAVIS], This compact, adopted in 1967, created my time. Mr. NADLER. Mr. Speaker, I yield who has been of immense help in pro- the Washington Metropolitan Area ducing this moment. Transit Authority to plan, finance, myself such time as I may consume. (Mr. NADLER asked and was given Mr. DAVIS of Virginia. Mr. Speaker, construct and operate a comprehensive permission to revise and extend his re- I appreciate my friend the gentleman public transit system for metropolitan marks.) from Pennsylvania [Mr. GEKAS] for Washington D.C. In addition to a sub- Mr. NADLER. Mr. Speaker, like the yielding me the time, and I appreciate way system connecting the three juris- last resolution, this resolution gives his efforts to move this to the floor be- dictions, WMATA administers an ex- the consent of Congress to the changes fore adjournment. tensive surface transportation network in a local compact, in this case the Mr. Speaker, I rise today in support throughout the area. Washington Metro compact agreed to of the proposed amendments to the The Metro Transit Police Depart- by Maryland, Virginia, and the District Washington Metropolitan Area Transit ment, established in 1976, now numbers of Columbia; provides for a number of Authority, WMATA, Interstate Com- 300 sworn members with responsibility different changes, and the changes pact. The amendments under consider- for public safety and security on Metro have been approved by all three juris- ation have been enacted by all signato- transit facilities. The chairman of dictions. ries of the WMATA compact, Virginia, WMATA’s board of directors, Mr. Jack Currently, the Metro Transit Police Maryland and District of Columbia. Evans, gave us some idea of the consid- is the only local police force in the tri- The Bipartisan Area Delegation is erable nature of the department’s State area not authorized to carry ei- seeking congressional consent to the workload in testimony before the sub- ther their own weapons or another ap- proposed amendments, which passed committee when he noted that in the proved weapon except while on duty. the Committee on the Judiciary by last 3 years, transit officers had issued Two jurisdictions, the Metropolitan voice vote earlier this year. 12,197 criminal citations and arrested Police and the Prince George’s County The amendments would allow the Au- 3,623 individuals for various violations. Police, require police to carry their thority to conduct its business more ef- As noted, the amendments have al- firearms when not on duty. The U.S. ficiently and effectively. This is an ef- ready been agreed to by the three juris- Park Police and U.S. Capitol Police fort to streamline the Authority’s dictions who are signatories to the have the option of carrying a firearm practices and to provide for an en- compact. The first amendment modi- when not on duty. hanced level of protection for the Tran- fies the public hearing process relating The current compact allows Metro sit Authority’s police officers. The to fare increases and changes in service Transit Police officers to carry their amendments will both protect the pub- to bring it into conformity with other service firearms only while on duty in lic right to have input in the region’s transit properties that follow Federal the system and in direct transit to and transit decision-making process as well Transit Administration guidance. from work. The change that we are as enhance the public safety through- Under the amendment, the Authority proposing here would allow the officer out the region. will continue to be required to hold to carry the service-issued firearm To be more specific, the first amend- public hearings on proposals to raise while off duty, subject to the restric- ment modifies the Authority’s current fares or to implement major service re- tions placed on local police forces in public hearing process relating to fare ductions. The amendment would elimi- each jurisdiction while the officer is in increases and changes in transit serv- nate the need for public hearings for that jurisdiction. ice. The proposal will bring the Au- minor service changes and thus give A second change would require a pub- thority into conformity with other the Authority more flexibility to re- lic hearing only to raise a fare or rate transit properties that follow Federal November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10667 public hearing standards that have Mr. GEKAS. Mr. Speaker, I yield points of order against the conference report been in place since 1982. Currently the back the balance of my time. and against its consideration are waived. Authority’s public hearing practices Mr. NADLER. Mr. Speaker, I yield 2 The conference report shall be considered as read. are far broader than Federal guidelines minutes to the gentlewoman from the and inhibits the ability of the Transit District of Columbia [Ms. NORTON]. b 2215 Authority to respond to market Ms. NORTON. Mr. Speaker, I thank The SPEAKER pro tempore (Mr. CAL- changes in an efficient businesslike the gentleman from New York [Mr. VERT). The gentleman from Florida manner. NADLER] for yielding me the time. [Mr. DIAZ-BALART] is recognized for 1 Under the proposed amendments, the I thank the gentleman from Penn- hour. Authority will continue to be required sylvania [Mr. GEKAS] and the gen- Mr. DIAZ-BALART. Mr. Speaker, for to hold public hearings on proposals to tleman from New York [Mr. NADLER] the purpose of debate only, I yield the raise fares or implement major service for the way in which they have expedi- customary 30 minutes to the gen- reductions. However, the Authority tiously moved this bill forward. I tleman from Ohio [Mr. HALL], pending will not be required to hold public thank the gentleman from Virginia which I yield myself such time as I hearings for minor service changes, [Mr. DAVIS] for his bill. may consume. During consideration of thus enabling WMATA to adjust to the The streamline procedures which this this resolution, all time yielded is for needs of the riding public in a quick bill would provide are precisely the the purpose of debate only. fashion. way to improve the efficiency of this Mr. Speaker, House Resolution 323 is The other major change to the vital regional facility. The provision a standard rule for a conference report. WMATA compact is removal of com- that would allow Metro Transit officers It waives points of order against the pact language that currently limits to carry their weapons while off duty is conference report to accompany H.R. WMATA’s transit police to carrying a common-sense use to correct what is 2159, the foreign operations, commonly their service weapon only when they surely a waste of skilled person power known as foreign aid, appropriations are on duty or in direct transit to and when these officers are not allowed to bill for fiscal year 1998 and against its consideration. In addition, the rule from duty assignments. Consent to the carry their weapons with them off provides that the conference report proposal will allow the transit police to duty. join every other police force in the re- shall be considered as read. My own D.C. coordination bill would gion, including the Capitol Hill police, Mr. Speaker, many of our colleagues seek to in many ways do the same in authorizing its officers to carry may remember this bill from July thing for other Federal officers. This is weapons during off-duty hours. when it was considered on the House As the former chairman of the Fair- a high-efficiency bill. I urge all of my floor. We made every effort to allow for fax County Board of Supervisors, I can colleagues to support it. the consideration by the entire House tell my colleagues that the transit po- Mr. NADLER. Mr. Speaker, I yield of almost every amendment submitted lice are among the best-trained forces back the balance of my time. to the Committee on Rules. I believe in the region. They deserve to have the The SPEAKER pro tempore. The that we have a balanced product in this ability to defend themselves during off- question is on the motion offered by conference report, and I will defer to duty hours. It is an unfortunate reality the gentleman from Pennsylvania [Mr. the gentleman from Alabama [Mr. CAL- that the transit police are also dealing GEKAS] that the House suspend the LAHAN], the chairman of the Sub- with a violence-prone criminal element rules and pass the joint resolution, H.J. committee on Foreign Operations, Ex- who sometimes seek revenge after they Res. 96. port Financing and Related Programs, have been apprehended. We need to re- The question was taken; and (two- to answer questions about the details spect the transit police, authorize thirds having voted in favor thereof) of the conference report we have before them to carry their weapons that they the rules were suspended and the joint us and the compromises that have been have been trained to use, and trust resolution was passed. reached to complete the conference re- that the extensive training that the A motion to reconsider was laid on port. transit police receive will serve them the table. Some matters have been dropped well if they are confronted during off- f from this legislation, Mr. Speaker, that I believe strongly should not have been duty hours. CONFERENCE REPORT ON H.R. 2159, These amendments are important to dropped, but this is a must-pass bill FOREIGN OPERATIONS, EXPORT the daily workings of the Washington that I believe we need to pass tonight, FINANCING, AND RELATED PRO- Metropolitan Transit Authority and and I think it is a good piece of legisla- GRAMS APPROPRIATIONS ACT, the safety of its police officers. I urge tion on this critical area that we bring my colleagues to support this consent 1998 before the House. I thank the gen- resolution. Mr. DIAZ-BALART, from the Com- tleman from Alabama [Mr. CALLAHAN], Mr. GEKAS. Mr. Speaker, I reserve mittee on Rules, submitted a privi- the chairman, and the gentlewoman the balance of my time. leged report (Rept. No. 105–402) on the from California [Ms. PELOSI], the rank- Mr. NADLER. Mr. Speaker, I yield 2 resolution (H. Res. 323) waiving points ing member, for their hard work on minutes to the gentleman from Vir- of order against the conference report this important bill. I urge adoption of ginia [Mr. MORAN]. to accompany the bill (H.R. 2159) mak- the rule and the conference report. Mr. MORAN of Virginia. Mr. Speak- ing appropriations for foreign oper- Mr. Speaker, I reserve the balance of er, the gentleman from Pennsylvania ations, export financing, and related my time. [Mr. GEKAS], the gentleman from New programs for the fiscal year ending Mr. HALL of Ohio. Mr. Speaker, I York [Mr. NADLER], as well as the dis- September 30, 1998, and for other pur- want to thank the gentleman from tinguished gentleman from Virginia poses, which was referred to the House Florida [Mr. DIAZ-BALART] for yielding [Mr. DAVIS], who just spoke, have ade- Calendar and ordered to be printed. me the time, and I yield myself such quately described what this bill will do. Mr. DIAZ-BALART. Mr. Speaker, by time as I may consume. So out of consideration for the pressing direction of the Committee on Rules, I Mr. Speaker, H. Res. 323 is obviously time demands of the gentleman from call up H.R. 323 and ask for its imme- a rule that provides for consideration Pennsylvania [Mr. MURTHA], I will keep diate consideration. of the conference report on H.R. 2159, my remarks as brief as possible. The Clerk read the resolution, as fol- which is the bill that makes appropria- I will only say that this is a common- lows: tions for foreign operations, export fi- sense bill that will save time and nancing, and related programs in the H. RES. 323 money. It will improve customer serv- fiscal year 1998. As the gentleman from ice and security for those who use the Resolved, That upon adoption of this reso- Florida described, this rule waives all Washington Metropolitan Transit sys- lution it shall be in order to consider the conference report to accompany the bill points of order. It provides 1 hour of tem. I commend the gentleman from (H.R. 2159) making appropriations for foreign general debate equally divided and con- Virginia [Mr. DAVIS] for getting it on operations, export financing, and related trolled by the chairman and ranking the consent calendar. I urge all of my programs for the fiscal year ending Septem- minority member of the Committee on colleagues to pass it unanimously. ber 30, 1998, and for other purposes. All Appropriations. H10668 CONGRESSIONAL RECORD — HOUSE November 12, 1997 I want to thank the gentleman from operations, export financing, and relat- of money for Egypt and Jordan as well. Alabama [Mr. CALLAHAN] and the gen- ed programs for the fiscal year ending Otherwise, the President can spend this tlewoman from California [Ms. PELOSI] September 30, 1998, and for other pur- money any way he wants, just as long for crafting this bipartisan legislation. poses. as he stays under the overall $5.4 bil- In particular I thank both of them for The Clerk read the title of the bill. lion cap. This important provision will supporting foreign assistance programs The SPEAKER pro tempore [Mr. help the President and the Congress to that benefit needy children. LAHOOD]. Pursuant to House Resolu- prudently manage our foreign aid dol- The conference agreement appro- tion 323, the conference report is con- lars, even as it preserves our support priates about $13 billion for foreign op- sidered as having been read. for our friends and allies in the Middle erations in 1998. It is an increase of (For conference report and state- East. about $1 billion more than last year ment, see prior proceedings of the The conference report contains very but less than the President’s request. It House of today.) strong language condemning Russia’s also includes legislative provisions, in- The SPEAKER pro tempore. The gen- increased cooperation with Iran in the cluding language which gives the Presi- tleman from Alabama [Mr. CALLAHAN] nuclear and ballistic missile areas. dent flexibility to negotiate in the and the gentlewoman from California Iran remains a terrorist state commit- Middle East. [Ms. PELOSI] each will control 30 min- ted to both violence abroad and against Though I am pleased that the con- utes. its neighbors in the Middle East. Rus- ference agreement is slightly more The Chair recognizes the gentleman sia’s irresponsible arms transfer policy than the House level, I fear that it is from Alabama [Mr. CALLAHAN]. to Iran can no longer be ignored, par- inadequate to meet the global chal- GENERAL LEAVE ticularly press reports that Russia is lenges facing the United States in its Mr. CALLAHAN. Mr. Speaker, I ask providing Iran with sophisticated bal- role as the sole superpower. Money unanimous consent that all Members listic missile technology. When this is spent wisely on foreign assistance is an may have 5 legislative days within combined with Iran’s already robust investment in world security that di- which to revise and extend their re- nuclear program, this can only be a rectly benefits the United States and marks on the conference report to ac- formula for disaster. its citizens. Promoting world stability company H.R. 2159, and that I may in- In an effort to encourage peace and through foreign aid will help keep us clude tabular and extraneous material. renewal in the southern Caucasus, we out of more costly wars. The SPEAKER pro tempore. Is there have provided up to $250 million for I am particularly pleased that the objection to the request of the gen- that troubled region. Of that amount, bill includes $650 million for child sur- tleman from Alabama? $12.5 million is reserved for the people vival and disease programs. These pro- There was no objection. of Nagorno-Karabakh, who have gone grams are really cost-effective, and Mr. CALLAHAN. Mr. Speaker, I yield without direct American assistance. they save the lives of children in the myself such time as I may consume. We have also opened the door to more poorest countries of the world. This We are going to be very brief, I think, trade and commercial activities, as represents an increase of $50 million for at least on this side, and in talking well as prodemocracy activities in prevention of diseases such as tuber- with the other side, they too have indi- Azerbaijan. culosis, AIDS and malaria. The bill cated that we have already basically In addition, the Senate agreed to our provides $100 million for UNICEF, debated this bill. But we are consider- proposal to add $50 million to the Child which is an outstanding program with ing H.R. 2159, the appropriation bill for Survival Fund for infectious disease a proven track record of helping the foreign operations in 1998. activities. This no doubt is one of the world’s needy children. After adjusting for funds that are not most popular programs that the Con- The bill fully funds the Peace Corps scored against the subcommittee due gress has enacted in this arena in at a level of $225 million, which is an to the budget resolution, the total in many, many decades. Many Members of increase of $14 million over last year’s discretionary budget authority is our subcommittee have supported this level. This is our country’s people-to- $12.787 billion, which is $13 million initiative, and I want to acknowledge people diplomatic corps that promotes below our allocation of $12.8 billion. their assistance. The gentleman from American goodwill and gives Ameri- With regard to funding for population California [Mr. PACKARD] has been a cans the opportunity to learn firsthand planning assistance, the House and strong supporter of child survival. In about other cultures while helping oth- Senate leadership made valiant efforts addition, the gentleman from New Jer- ers. The bill also appropriates $190 mil- to reach a compromise with the White sey [Mr. FRELINGHUYSEN] made an im- lion for international disaster assist- House on the Mexico City policy lan- portant contribution in highlighting ance, another high priority account, guage. Since a compromise was not the importance of international efforts especially when we have 25 to 26 major forthcoming, at their direction we have to combat tuberculosis. They and humanitarian crises today in the frozen funding for population programs many Members from both sides of the world. at $385 million and apportioned funds aisle have written indicating their sup- Mr. Speaker, we are a great and we on a monthly basis. That is a cut of $58 port for higher funding levels for child are a wealthy Nation. We can do better million from the President’s request survival. than the funding levels in this bill. and $50 million from the Senate level. We have also recommended, in report However, I recognize the fiscal con- That means that if the Mexico City language, the funding for Latin Amer- straints which Congress has imposed provisions can be enacted into law ica and the Caribbean to be increased upon itself. Therefore, I support this later this session or early next session, by a modest $20 million. I strongly sup- rule. Mexico City policy will apply to most port additional assistance for the na- Mr. Speaker, I yield back the balance all of the funds made available for tions of our hemisphere, and fully ex- of my time. international family planning. pect the administration to respect this Mr. DIAZ-BALART. Mr. Speaker, I The conference agreement also in- direction. support this rule, and I urge my col- cludes a general provision which for We also uphold the House position on leagues to support it. the first time sets a cap on the amount the funding for the CAMPFIRE pro- Mr. Speaker, I yield back the balance of money in our bill for the Middle gram. As in the House bill, no funds of my time, and I move the previous East. Last year the Middle East may be available for any activity in question on the resolution. consumed $5.4 billion, or 44 percent of contravention to the Convention on The previous question was ordered. our bill. The new provision in our bill International Trade in Endangered The resolution was agreed to. sets a limit of $5.4 billion on funds for Species, but we refused to take the A motion to reconsider was laid on the Middle East, thus reducing the anti-hunting language that was in the the table. Middle East to 42 percent of this year’s Senate amendment. Mr. CALLAHAN. Mr. Speaker, pursu- total foreign operations bill. Israel is There are a number of other provi- ant to the rule just adopted, I call up not affected. Our bill protects all the sions, Mr. Speaker, in the bill that are the conference report on the bill (H.R. funds traditionally provided to Israel, explained in the Statement of Man- 2159) making appropriations for foreign as well as ensuring significant amounts agers. I only want to add that I very November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10669 much appreciate the support and input with her, as well as the gentleman know of my sincere appreciation for all that was provided by all the members from Wisconsin [Mr. OBEY], the rank- of their assistance. of the subcommittee, including the ing member of the full committee, on Mr. Speaker, I include the following gentlewoman from California [Ms. this very controversial and very dif- tabular material for the RECORD: PELOSI], our new ranking minority ficult bill this year. I would also like member. It has been a pleasure to deal the staff on both sides of the aisle to H10670 CONGRESSIONAL RECORD — HOUSE November 12, 1997 November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10671 H10672 CONGRESSIONAL RECORD — HOUSE November 12, 1997 November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10673 Mr. Speaker, I reserve the balance of Our chairman has referenced, and I ments from 24 other countries. The $3.5 my time. will too, the provisions for assistance billion in budget authority for the NAB Ms. PELOSI. Mr. Speaker, I yield to Russia expressing our concern about is not scored as a budget outlay and myself such time as I may consume. Russia’s proliferation of missiles to thus neither increases the deficit nor Mr. Speaker, I rise in support of the Iran as well as our concern about free- crowds out other Federal programs. conference report and commend the dom of religion in Russia. In coopera- Recent events in Southeast Asia il- gentleman from Alabama [Mr. CAL- tion with Senator SMITH in the Senate lustrate the continuing risk to the sta- LAHAN], our distinguished chairman, we were able to reach an appropriate bility of global financial markets and for his leadership in reaching consen- compromise on that language. demonstrate the importance of the sus on this bill which has been con- We have added funds to the request IMF to the American regional and troversial in the past. I commend also for the Export-Import Bank and fully global interest. The Asian crisis clearly the gentleman from Louisiana [Mr. funded the Overseas Private Invest- highlights the need for sufficient emer- LIVINGSTON], the chairman of the full ment Corporation, OPIC. As my col- gency resources to safeguard stability committee, and the gentleman from leagues know, part of our function as and protect the financial system and Wisconsin [Mr. OBEY], the ranking the Subcommittee on Foreign Oper- the American economy from the dam- Democrat on the full committee, for ations, Export Financing and Related aging ripple effects of widespread their leadership in reaching resolution Programs is to fund exports, the insur- shocks. on some of these controversial issues. ance and financing of exports, growing The NAB, the New Arrangements to As our chairman pointed out, all of our economy by increasing our exports Borrow, in other words known as NAB, the members of the committee, Demo- abroad. OPIC and Export-Import Bank is a necessary addition to these re- crat and Republican, fully participated are created for that purpose. We also sources. Simply put, our national in- in many of the issues before us. I be- fund the TDA, the Trade Development terests and global leadership insist lieve that we have a good bill before us, Agency, administration in this bill. that we support the authorization and and am pleased to point out some of Both of the promotion programs, Ex- the appropriation. However that provi- the positive accomplishments in the port-Import and OPIC, are therefore sion is not in the legislation. bill as I join the gentleman from Ala- robustly funded and fully authorized. But all in all, I am very, very proud bama [Mr. CALLAHAN] in commending Total funding in the bill is at $12.8 to join with our distinguished chair- the staff of the subcommittee as well billion plus $300 million in inter- man, the gentleman from Alabama as the personal staffs of Members who national bank arrears, which is very [Mr. CALLAHAN], in supporting this leg- worked so hard to bring us to this close to the administration’s request. islation and urge its passage and urge point. Through the Congress working its will an aye vote from our colleagues. Some of the positive accomplish- through the committee process, we Mr. Speaker, I reserve the balance of ments in the bill, Mr. Speaker, include were able to grow the funding that my time. retaining of the traditional amount of started out at a much lower figure in Mr. CALLAHAN. Mr. Speaker, I yield funding for the Middle East, with an this House. I think we are at an appro- myself such time as I may consume. additional $225 million in assistance for priate level now. Mr. Speaker, we just have a couple of Jordan and appropriate authorities As our chairman suggested, there is a speakers who are going to speak very that allow the administration the flexi- compromise on the Mexico City lan- briefly. We have already debated the bility to negotiate in that region. guage. The international family plan- bill. It is essentially the same bill that Full funding for the International ning provisions of this legislation rep- we passed through the House with a Development Association, IDA, at resent, I think, an appropriate com- few Senate changes. $1.034 billion which includes payment promise which enables us to reduce the Mr. Speaker, I yield such time as he in full for our arrears package. The number of abortions worldwide by pro- may consume to the gentleman from IDA program is the soft window of the viding the funding for international New York [Mr. GILMAN], the chairman World Bank that provides funding for family planning with conditions which of the Committee on International Re- the poorest of the poor countries and I consider onerous but acceptable; that lations. projects. I am very, very pleased with is, monthly monitoring; I mean, excuse (Mr. GILMAN asked and was given the dollar amount in the bill. Our me, monthly metering of the funding. permission to revise and extend his re- chairman is a tough fiscal conservative That is, in any given month, no more marks.) and a strict disciplinarian. He watches than 8.34 percent of the total amount is Mr. GILMAN. Mr. Speaker, I com- every dollar spent. I think the prior- able to be obligated; that is, one- mend the gentleman from Alabama ities established in funding the IDA twelfth of the annual appropriation. [Mr. CALLAHAN], the distinguished were important, and I commend him In addition to that, language requir- chairman of the Subcommittee on For- for supporting that increase. ing the full pursuit of war criminals in eign Operations, Export Financing and There is $650 million in a separate Bosnia and Croatia as a condition for Related Programs of the Committee on child survival account which I call the further assistance to those countries Appropriations, for bringing this meas- Callahan child survival account. It in- was included. I thank our colleagues, ure to the floor at this time. cludes an increase of $50 million for the gentleman from Maryland [Mr. However, Mr. Speaker, it is impor- fighting infectious diseases, including CARDIN] and the gentleman from Mary- tant during the debate to point out tuberculosis, HIV/AIDS and malaria. land [Mr. HOYER], for their leadership what is not being accomplished in this foreign operations appropriations con- b on these issues. And again, in addition, 2230 appropriate restrictions on aid to Cam- ference, and while I will not oppose It includes full funding for the refu- bodia and the Democratic Republic of this measure, I did want to bring these gee assistance, disaster assistance, and the Congo are included. factors to the attention of the House. full funding for the Peace Corps. I am concerned, however, Mr. Speak- Mr. Speaker, last week the House and Our chairman has pointed out the er, that the committee did not include the Senate leadership made a proposal creation of a new fund for assistance to funding and authorization for the New to attach four major portions of the the countries of the South Caucasus in Arrangements to Borrow. The New Ar- foreign relations authorization bill to the New Independent States. The fund rangements to Borrow, or NAB, is a set the foreign operations appropriations would provide a total of $250 million, of emergency credit lines, a kind of re- conference report, and those sections with close to $90 million each for Ar- serve tank for use by the International included the basic authorizations for menia and the country of Georgia. Ad- Monetary Fund in the event of serious the State Department and related ac- ditional assistance is made available temporary threats to global financial counts, the U.N. reform and arrearage for Nagorno-Karabagh, and there is ad- stability. package, the European Security Act, ditional money left in the fund when The multilateral burden-sharing as- and the foreign affairs agencies con- the Minsk process, I hope, brings peace pects of this new mechanism are im- solidation provisions. Those additions to the region and is concluded success- pressive. The U.S.’s $3.5 billion would to the appropriations bill reflected the fully. leverage over $20 billion in commit- work of the authorization conference. H10674 CONGRESSIONAL RECORD — HOUSE November 12, 1997

Regrettably, our conference was not tleman from Wisconsin [Mr. OBEY], the Secondly, at this moment we are try- completed because, like the appropri- ranking member of the full committee; ing to marshal the most united ap- ators, we were unable to resolve the longtime chair of the Subcommittee on proach possible in the United Nations Mexico City issue. We have now Foreign Operations, Export Financing in whatever action we choose or we reached a cease-fire on the foreign op- and Related Programs; and I thank find necessary to take against Saddam erations bill as filed by the gentleman him for his leadership in helping us Hussein. We do not strengthen our le- from Alabama [Mr. CALLAHAN], and in bring this consensus bill to the floor. verage in getting effective United Na- the final bill they dropped the Mexico Mr. OBEY. Mr. Speaker, I thank the tions action when we do not pay our City policy, they dropped the U.N. re- gentlewoman for the time. bills. We have about $900 million in ar- form measure, they dropped the State Mr. Speaker, let me simply say that rearages owed to the United Nations. authorization bill, they dropped the I am supporting and inclined to sup- It seems to me that at least to put IMF new arrangements to borrow and port this bill, but I have serious con- ourselves in a better position to the European Security Act; all of them cerns about it. One, Mr. Speaker, is strengthen our leadership in that insti- dropped out of the foreign operations that this bill has consistently, when it tution, we should at least provide the conference report, and that action re- left the House, been relatively free of $100 million that was requested this sulted in other losses, including the earmarks. But then it goes over to the year as the down payment on finally deadbeat diplomat language and the Senate, and when it emerges from the ending that arrearage situation. diplomatic immunity measure, key re- Senate, it almost looks as though it is I find it troubling that we are going ports on Cuban immigration and the a document designed more to facilitate to follow a high-risk strategy in both Libertad Act, the Speaker’s language congressional fund-raising than it is to the Asian currency situation and the increasing broadcasting to Communist facilitate the promotion of the United Iraqi situation simply in order to en- China, and availability pay increases States’ national interest. gage in payback because certain people for our diplomatic security agents. There are numerous earmarks which did not get the language they wanted I urged the Committee on Rules and are added to the point where, for in- with respect to Mexico City. the House leadership to include the stance, in the portion of this bill which So, Mr. Speaker, I would simply rise State Department authorization along used to be focused on aid to Russia and to caution Members of the House that we are running a high-risk strategy with the European Security Act in the former republics in the Soviet Union, and this country may pay a very high foreign operations conference report. so much has been earmarked that at price for the omission that we are talk- Regrettably, that request was not ac- this point one individual American, ing about here this evening. commodated, and we come to the end George Soros, will in the next 5 years of this session without those important be giving assistance to Russia which is b 2245 noncontroversial provisions taking ef- more effective than that of the United Mr. CALLAHAN. Mr. Speaker, I yield fect. States Government. I do not think that such time as he may consume to the As an authorizing committee chair- represents a rational allocation of re- gentleman from Michigan [Mr. man, we are frustrated by the actions sources on our part. KNOLLENBERG]. taken that preserve the Committee on But I must also say that I think this Mr. KNOLLENBERG. Mr. Speaker, I Appropriations at the price of the au- bill has two serious gaps. What has thank the gentleman from Alabama, thorizing committees. This is also true happened evidently is that in retalia- Chairman CALLAHAN, for yielding me in the case of the upcoming Commerce- tion for the fact that Mexico City lan- this time. Justice-State appropriations bill which guage, desired by some Members of the Mr. Speaker, I rise in strong support is expected to carry a full year waiver House, is not contained in this bill, be- of the conference report to H.R. 2159. of the requirement for an authorizing cause of that fact, we now have in re- Each member of this subcommittee in bill, a full year waiver for authoriza- taliation a determination to eliminate both the House and the Senate have tions. from this bill all funding for the IMF worked very, very hard in a bipartisan The CJS authorization waiver is like program that has been mentioned by fashion to craft a bill that reflects, I a noose around the neck of our author- the gentlewoman from California [Ms. think, our Nation’s international prior- izing committee and Senator HELMS’ PELOSI] and also to eliminate from the ities, while maintaining the fiscal re- committee. As long as a waiver provi- State-Justice-Commerce bill any provi- sponsibility. sion is in that bill, the administration sion providing for funding of our ar- I commend the House and the Senate is going to find excuses, any excuse, rearages at the United Nations. I be- chairmen for continuing our strong not to deal with us in a straight- lieve that that is definitely not in the commitment to the Middle East, and forward, forthright manner. The ad- interests of the United States. also to democracy in Russia, while ad- ministration will always rely on the On the first issue, we right now have dressing the grave concerns we have Committee on Appropriations to bail seen the beginning effects of the ex- about Russia and their exports of nu- them out. ploding currency crisis in Asia. We saw clear ballistic missile technology to To avoid that kind of a problem, I our own stock market decline by Iran. The conference report so stipu- recommend limiting the waiver of the around 500 points, in very large part lates that aid to Russia is contingent authorization requirement to March 1, triggered by the fact that Asian mar- upon stopping the spread of any tech- 1998, to give us the month of February kets are extremely unstable and are nology which would bolster Iran. to work things out under a hard dead- likely to remain so for some time to Finally, I am very pleased with pro- line that both the Congress and the ad- come. visions in the conference report dealing ministration must meet. If the author- I think it is a grave omission for the with the ongoing conflicts in the ization waiver is not limited, I see lit- Congress, bordering on irresponsibility, Caucasus. The conference report pro- tle chance for our authorization bill to for this Congress not to provide at vides, and I think most importantly, to pass at a later date. That will jeopard- least some bridge authority for the ad- include a recommendation for $12.5 ize the elimination of ACDA, the con- ministration to meet any additional million in aid to meet the pressing solidation of USIA, U.N. reforms and currency crisis if it would occur in needs of the people in the Nagorno U.N. arrearages, the European Security Asia. Karabagh. I commend the managers for Act, and dozens of others of foreign We have three choices. If one occurs, recognizing the tremendous humani- policy priorities that the Congress is we can either do nothing or we can try tarian aid that is needed in the concerned about. to foot the bill largely on our own in Nagorno Karabagh and look forward to I thank the gentleman for having order to stabilize the currency situa- working with the body and administra- yielded this time to me. As I stated be- tion, or we can try to rely on the mul- tion to ensure that that vital funding fore, I will support this measure. How- tilateral approach which would reduce is delivered promptly and in accord- ever, I wanted to call these problems to our own financial exposure. But the ance with congressional intent. the attention of our colleagues. congressional majority has determined Members of the subcommittee, I Ms. PELOSI. Mr. Speaker, I yield 5 that that is not to be provided. I think would like to thank all of them, and minutes to the distinguished gen- that is a grave mistake. thank again. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10675 The gentleman from Alabama, Chair- the whole, this bill represents a good This bill provides an unprecedented man CALLAHAN, the ranking member, compromise between the gentleman $12.5 million in humanitarian aid to the gentlewoman from California [Ms. from Alabama, Chairman CALLAHAN, Nagorno Karabagh. Despite relentless PELOSI], and all of those who contrib- the ranking member, the gentlewoman opposition from the administration, uted to the difficult decisions made to from California [Ms. PELOSI and all the the lobbyists for Azerbaijan and Tur- bring this bill to the floor. I believe the members of this subcommittee. Again, key, the bill provides, for the first managers have united to craft a bill I want to thank them for the coopera- time, an earmark of humanitarian as- that will maintain U.S. leadership and tion, and I strongly urge passage of the sistance for the people of Karabagh. strengthen our influence across the bill. These funds will help refugees, inter- globe. Mr. CALLAHAN. Mr. Speaker, I yield nally displaced persons and needy civil- I ask for Members to support this such time as he may consume to the ians in Nagorno Karabagh. This is the conference report. gentleman from New Jersey [Mr. first time this has been approved by Ms. PELOSI. Mr. Speaker, I am FRELINGHUYSEN], a member of the sub- Congress and signifies the beginning of pleased to yield 3 minutes to the gen- committee. U.S.-administered assistance programs tlewoman from New York [Mrs. Mr. FRELINGHUYSEN. Mr. Speaker, to Nagorno Karabagh. I rise in support of the conference LOWEY], a distinguished member of the Earlier this year, I became the first agreement and thank the gentleman subcommittee. Member of the U.S. Congress to address from Alabama [Mr. CALLAHAN], for his (Mrs. LOWEY asked and was given the Parliament of Nagorno Karabagh, leadership in bringing this bill to a permission to revise and extend her re- and I expressed regret that the United marks.) conclusion. In this conference report we provide States had disengaged itself from the Mrs. LOWEY. Mr. Speaker, I rise in courageous people of Karabagh. But strong support of H.R. 2159. In def- the essential tools to promote and pro- tect America’s leadership and interests this legislation provides a welcome erence to our chairman, I will be very change. brief. around the globe. With this bill we maintain our strong commitment to Is- In addition, the bill provides us with I want to thank our distinguished $87.5 million for the Republic of Arme- chairman and the ranking minority rael and to the Middle East peace proc- ess, we provide critical funding for nia, a former Soviet republic that is member for the really outstanding making huge strides in terms of democ- work they did in bringing together a child survival programs, and we con- tinue America’s long-standing support racy and market economy, but still strong bipartisan bill. We appreciate needs our help. their efforts. It has been long, and it for development assistance for the While I am pleased that the bill re- has been hard, but we are glad that it poorest of the poor, including inter- tains the ban on government-to-gov- is coming to conclusion, because this national family planning programs. We ernment economic aid to Azerbaijan, I bill does strike a delicate balance on a provide support for the new democ- regret that the legislation carves out number of very controversial issues. I racies of Eastern Europe, and we place several major exemptions for OPIC, the thank them for their leadership. increased emphasis on important prior- Overseas Private Investment Corpora- This bill includes, Mr. Speaker, the ities in our own hemisphere. Further, we have provided resources tion, to provide political risk insurance full $3 billion aid package for Israel, to help American companies enter new to U.S. companies investing in Azer- the critical $80 million for refugee re- markets, to protect global environ- baijan, and for TDA, the Trade Devel- settlement assistance. Although the mental resources, and to combat threat opment Agency, funding for feasibility development assistance account is of international narcotics and terror- studies and other related economic de- lower than the administration re- ism from reaching our shores. These in- velopment projects. quested, it does include a critical $15 vestments are made, Mr. Speaker, for The ban on direct aid to Azerbaijan, million increase for international less than 1 percent of the overall Fed- microcredit programs. Microcredit is a section 907 of the Freedom Support Act eral budget and within the framework of 1997, is an important law, passed to critical tool in the fight to eradicate of our balanced budget plan. poverty worldwide, and it enjoys bipar- encourage Azerbaijan to lift its block- Again, Mr. Speaker, I congratulate ades of Armenia and Nagorno tisan support in the Congress and this the gentleman from Alabama [Mr. CAL- administration. Karabagh. Azerbaijan has not complied LAHAN] for all of his efforts. with the basic condition of section 907, Providing these small low-interest Ms. PELOSI. Mr. Speaker, I am loans to the millions of low-income en- lifting the blockades, so the sanctions pleased to yield 3 minutes to the gen- should not be relaxed. trepreneurs around the world would be tleman from New Jersey [Mr. While I regret the exemptions to sec- a major step toward the eradication of PALLONE], who has been a leader on the tion 907 that have been carved out, I poverty. This is especially true among issue of the Caucasus region, particu- appreciate the fact that the conferees women, who are very often the heads of larly Armenia and Nagorno Karabagh. households and benefit tremendously Mr. PALLONE. Mr. Speaker, I want resisted the strong pressure to repeal from microcredit programs. to urge support for the bill that we are section 907 outright. This is a critical time for micro- considering tonight. The conference re- I also want to express my apprecia- credit. We have come a long way this port contains important provisions af- tion to the conferees for the $52.5 mil- year alone, but we must do more, and fecting Armenia and the Caucasus re- lion discretionary fund established for the increase in this bill will allow us to gion, most of which I support. I do the Caucasus to restore transportation, help thousands of people pull them- want to express my respect and grati- communication and other infrastruc- selves out of poverty. tude for the gentleman from Alabama, ture between the States of the Mr. Speaker, I just want to say that Chairman CALLAHAN, for his willing- Caucasus, funds to which Azerbaijan is I do remain concerned about several ness to listen to the concerns of the Ar- not entitled until it complies with sec- accounts in this bill. The critical popu- menian community, and particularly I tion 907. lation assistance account includes on- want to salute the ranking member, I also appreciate the fact that the erous restrictions, including monthly the gentlewoman from California [Ms. House conferees held out for insisting metering and a freeze at last year’s PELOSI], and Members of the Sub- that 50 percent of the aid to Turkey be level that I oppose. I know that our committee on Foreign Operations, par- provided through nongovernmental or- chairman and the chairman of the full ticularly the gentleman from Illinois ganizations to promote democracy and committee have worked very hard to [Mr. PORTER] and the gentleman from build a civil society. American tax- come to a satisfactory solution to this Michigan [Mr. KNOLLENBERG] for their payers have contributed millions to issue. tireless efforts on behalf of Armenia, Turkey. It is only right that we should I am also concerned that the admin- the Nagorno Karabagh, and the cause expect that country to respect some of istration has not been given the criti- of peace and stability in the Caucasus, our American values. cal new arrangements to borrow that it and I also want to thank the gen- Finally, I want to state for the has sought for the International Mone- tleman from New Jersey [Mr. record that I regret that the bill before tary Fund. However, Mr. Speaker, on FRELINGHUYSEN]. us relaxes some sanctions on Pakistan H10676 CONGRESSIONAL RECORD — HOUSE November 12, 1997 which were imposed because of con- If this Congress adjourns without Some of the remarks that were made cerns over Pakistan’s nuclear prolifera- passing fast track, without passing about the IMF, as well as the U.N. tion activities. But I do want to thank U.N. reform and arrearages, and if we problem, have great merit and I do not the conferees for maintaining the pro- do nothing about the IMF replenish- deny that. But once again, this is the hibition on IMET assistance to Paki- ment, there is a distinct possibility foreign operations appropriation bill. stan. that tomorrow will not be the last day We are cutting the President’s request Overall, this is a good conference re- of this year’s session. The last two is- by $4 billion. That is basically where port, and I urge my colleagues to sup- sues are of vital significance this week, we were. At this time, Mr. Speaker, I port it. and we may well be called back into a ask for a favorable vote. Mr. CALLAHAN. Mr. Speaker, I yield special session. This Member would Mr. FOX of Pennsylvania. Mr. Speaker, I such time as he may consume to the support it. rise in support of the Foreign Operations Ap- gentleman from Georgia, also a mem- The fact of the matter is we need to propriations bill for two main reasons. ber of our subcommittee. address the U.N. at this time. We need First, the appropriation for Israel will help to Mr. KINGSTON. Mr. Speaker, I just to address international economic cir- insure the survival of this thriving democracy want to say, I think this bill has a lot cumstances as implied in the IMF. I am in the Middle East. No other country has of good things. It is a product of a hopeful we will do so. greater ties to America. great compromise and a lot of work. b 2300 Second, I am pleased that Armenia will ben- One of the things I think is very sig- efit from this legislation by increased recogni- nificant and that is a debate we do not Ms. PELOSI. Mr. Speaker, I yield tion of its importance to the United States and have much in our country is what is myself such time as I may consume. support by our country. going on with the nuclear weapons I too want to associate myself with Mr. Speaker, I have no further re- stockpile in Russia. We often con- the remarks of the gentleman from quests for time, and I yield back the centrate on a lot of issues, but we Iowa [Mr. LEACH] in regard to the IMF balance of my time. never ask ourselves as a country, as replenishment and the U.N. arrearages. The SPEAKER pro tempore (Mr. free people, what are they doing with I hope that before this Congress ad- LAHOOD). Without objection, the pre- all their nuclear arms? This bill starts journs, that those issues will be appro- vious question is ordered on the con- to address that by withholding assist- priately addressed and successfully ad- ference report. ance to the Russian Government unless dressed. There was no objection. we know exactly what they are doing I believe that our chairman, the gen- The SPEAKER pro tempore. The with their nuclear arsenal, and hope- tleman from Alabama [Mr. CALLAHAN], question is on the conference report. fully they are not selling it around the as I mentioned, has provided great Pursuant to clause 7 of rule XV, the globe. leadership in this legislation, which is yeas and nays are ordered. There are a lot of good things in almost a match of the administration’s Pursuant to clause 5 of rule I, further here. It increases international narcot- request in terms of funding in order to proceedings on this question will be ics control by $17 million over last promote U.S. global leadership, pro- postponed. year, bringing the 1998 level to $230 mote our exports, maintain the peace, f million. alleviate poverty, and to maintain the But there are some things it does not peace, I think I said that twice, but it REMOVAL OF NAME OF MEMBER do which have been addressed, and we deserves mentioning more than one AS COSPONSOR OF H.R. 2777 look forward to working with the ad- time. Mr. GEJDENSON. Mr. Speaker, I ask ministration on that. Mr. Speaker, in the interests of time, unanimous consent to have my name We want to address the issue of the we are not going to hear from all of the removed as a cosponsor of H.R. 2777. U.N. arrearage. We think that the Democrats on the committee, but I The SPEAKER pro tempore. Is there United Nations has taken too big of an want to acknowledge the distinguished objection to the request of the gen- assessment against the United States, service of the gentleman from Illinois tleman from Connecticut? and we want to work through that. We [Mr. YATES] and the gentleman from There was no objection. also want to work with this IMF fund- California [Mr. TORRES], who did not f ing to have stability in some of the de- speak, in addition to the gentleman DISTRICT OF COLUMBIA veloping countries. from Wisconsin [Mr. OBEY] and the APPROPRIATIONS ACT, 1998 We look forward to working with the gentlewoman from New York [Mrs. administration on that and solving LOWEY]. Mrs. MYRICK, from the Committee these problems, and we also hope the But I know I speak for them and our on Rules, submitted a privileged report administration will work with us in Republican colleagues on the commit- (Rept. No. 105–403) on the resolution (H. making sure that none of this money tee when I extend our best wishes to Res. 324) providing for consideration of goes to groups who choose to lobby for the gentleman from Pennsylvania [Mr. the Senate amendments to the bill liberalization of abortion laws, and FOGLIETTA], a member of our sub- (H.R. 2607) making appropriations for also groups who may tend to have some committee who today left our commit- the government of the District of Co- of their own moneys used to support tee and was sworn in as the U.S. Am- lumbia and other activities chargeable abortion. bassador to Italy. I think every Mem- in whole or in part against the reve- We think there are a lot of things we ber of this House is very proud of the nues of said District for the fiscal year can get together with the administra- service of Mr. FOGLIETTA here, wishes ending September 30, 1998, and for tion on, and we look forward to that him much success in his new endeavor other purposes, which was referred to process. Hopefully the authorization personally, and especially for our great the House Calendar and ordered to be bill that will come maybe as early as country. printed. tomorrow will address this. With that, I urge our colleagues to Mrs. MYRICK. Mr. Speaker, by direc- Mr. CALLAHAN. Mr. Speaker, I yield support this legislation. tion of the Committee on Rules, I call 1 minute to the gentleman from Iowa Mr. Speaker, I yield back the balance up House Resolution 324 and ask for its [Mr. LEACH]. of my time. immediate consideration. Mr. LEACH. Mr. Speaker, I want to Mr. CALLAHAN. Mr. Speaker, it is The Clerk read the resolution, as fol- thank the distinguished chairman for my intention in just a second to yield lows: yielding me time. Let me say I think back, but I yield myself such time as I H. RES. 324 his leadership on this issue has been may consume to briefly explain that Resolved, That upon adoption of this reso- nothing less than estimable, and I in- the President requested $16.8 billion, lution it shall be in order to take from the tend to support his bill, but I think all and the House passed $12.26 billion. The Speaker’s table the bill (H.R. 2607) making of us in this body have to understand Senate sent us a message of $16.8 bil- appropriations for the government of the District of Columbia and other activities that the intricacies of single-issue lion, and the conference resolved it at chargeable in whole or in part against the group politics is bedeviling our foreign $13.1 billion, but the net appropriation revenues of said District for the fiscal year policy at this time and jeopardizing the is $12.7 billion, very close to what we ending September 30, 1998, and for other pur- national interests of the United States. passed in the House. poses, with Senate amendments thereto, and November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10677 to consider in the House, any rule of the The bill met with stiff resistance and from Virginia [Mr. MORAN], who have House to the contrary notwithstanding, a has been replaced. worked very closely with us on appro- single motion offered by the chairman of the This is a good rule. It allows us to de- priations to bring this to where it is to- Committee on Appropriations or his designee bate D.C. appropriations as a single night. The city needs this money. We that the House concur in the Senate amend- have an appropriations bill that I ment to the text with the amendment print- issue, rather than as part of an omni- ed in the report of the Committee on Rules bus package. We need to take a step to- would urge all of my colleagues to sup- accompanying this resolution and disagree ward restoring some of the luster our port. to the Senate amendment to the title. The Nation’s Capital city has lost in recent Our Nation's capital desperately needs this Senate amendments and the motion shall be years. budget bill to be enacted now. Failure to do so considered as read. The motion shall be de- Mr. Speaker, I urge my colleagues to would have major negative consequences. batable for one hour equally divided and con- support the rule, and I look forward to Failure to pass this budget now would trolled by the chairman and ranking minor- the debate about the future of our Na- cause the District of Columbia to slide even ity member of the Committee on the Appro- tion’s Capital. further backward. priations. The previous question shall be Failure to pass this budget now would be considered as ordered on the motion to final Mr. Speaker, I reserve the balance of my time. reckless and tragic. This is especially so be- adoption without intervening motion or de- cause this Congress and the last Congress mand for division of the question. Mr. FROST. Mr. Speaker, I yield my- self such time as I may consume. have done so much to get the Nation's Capital The SPEAKER pro tempore. The gen- on the right track. tlewoman from North Carolina [Mrs. Mr. Speaker, it is late in the day and it is late in the session. We are now 43 To defeat the bill at this point would risk MYRICK] is recognized for 1 hour. doing irreparable harm to our fundamental days into fiscal year 1998 and it is high Mrs. MYRICK. Mr. Speaker, for the goals of reform and revitalization of our Na- time that we finish our business for the purpose of debate only, I yield the cus- tion's Capital. tomary 30 minutes to the gentleman year. With any luck, we will be able to It is wrong to gamble with the lives of mil- from Texas [Mr. FROST], pending which finish the District of Columbia appro- lions in this region who depend on an orderly I yield myself such time as I may priations this evening, leaving only 1 budget process. consume. During consideration of this other appropriations bill outstanding. We all know of the D.C. Revitalization Act resolution, all time is yielded for the The Republican majority has finally which passed this Congress as part of the purpose of debate only. seen the light and has given up for the Balanced Budget Act of 1997. Strong manage- Mr. Speaker, while considering the time being, at least, its desire to use ment reform measures, Medicaid changes and final appropriations bills, the Senate the District and its residents as a tax incentives were included as well in that en- rolled the Commerce, State, Justice grand experiment in Republican social actment and in the equally Historic Tax Re- appropriations bill and the Foreign Op- engineering on school vouchers. form Act of 1997. To have enacted such sig- erations appropriations bill into the As I said, Mr. Speaker, it is late in nificant reforms, and to see them signed by D.C. appropriations bill and, therefore, the day and it is late in the session. It the President, is a legislative accomplishment created an omnibus appropriations bill. is time for the Republican majority to we can all take pride in helping to achieve. The House amendment we will con- govern. It is time to stop using appro- With patience and perseverance the reforms sider tonight strikes all provisions out priations to move a legislative agenda we have enacted for the District of Columbia of the omnibus appropriations bill, ex- that is not supported by a majority of have begun to have their intended effect. cept for the District of Columbia, and the American people. We now have a rare opportunity, sanctioned amends that bill with the recommenda- Mr. Speaker, the negotiating process by both Congress and the White House, to re- tion of the House Committee on Appro- on District of Columbia appropriations structure and improve the complex relationship priations. has resulted in creating a bill which is between the Federal Government and the Na- The rule provides for a single motion vastly superior to the product origi- tion's Capital. But time is of the essence. And by the Chairman of the Committee on nally passed by 1 vote in the House. I we are at a moment of truth. Appropriations, or his designee, to con- will support this rule only because the Many of the issues addressed in the D.C. cur in the Senate amendment to the bill passed by the Senate and the Revitalization Act are particularly urgent and text, any rule of the House to the con- amendment which is now being rec- time sensitive. To take just one example, a trary notwithstanding, with the ommended as a further amendment ad- Federal trustee must be up and running to help establish reforms in the District's prison amendment printed in the Committee dress the issues of providing the Fed- system. Just last month the court-appointed on Rules report and disagree to the eral payment to the District of Colum- monitor said of the medium-security facility at Senate amendment to the title. bia, the Nation’s Capital, and not the The rule further provides that the Republican social agenda. It is unfortu- Lorton that ``it has deteriorated to a level of depravity that is unparalleled in its troubled Senate amendments to the House bill nate, however, that it has taken this history.'' long to reach this point. and the motion are considered as read. It is tragic enough when Congress reaches Mr. Speaker, because it is late, I will The motion is debatable for 1 hour an impasse in consideration of a budget for reserve the balance of my time. equally divided and controlled by the one of our executive departments. But if we Mrs. MYRICK. Mr. Speaker, I yield 1 gentleman from Louisiana [Mr. LIVING- are unable to enact a budget for the Nation's STON], chairman of the Committee on minute to the gentleman from Virginia Capital, that real city which exists just beyond Appropriations, and the ranking mi- [Mr. DAVIS]. the monuments is placed at a grave risk of im- nority member of the Committee on (Mr. DAVIS of Virginia asked and mediate harm. And when you consider that Appropriations. was given permission to revise and ex- most of the District's budget consists of self- There is little argument that the Dis- tend his remarks.) generated funds, it makes the spectacle of trict of Columbia is in bad shape. The Mr. DAVIS of Virginia. Mr. Speaker, congressional delay even more difficult to ex- city suffers from deteriorating infra- let me just note, I have further com- plain. structure, high crime rates, a shrink- ments in my revisions, but I am happy Some of us have differences with various ing population, and poor services. We we have gotten to this point. It has sections of the bill before us. Many have res- must take bold steps to reform the way taken a long time. The city of Wash- ervations which I share. But I appeal to you, this city operates so that it can again ington has had to borrow money during as chairman of the authorizing subcommittee take its place among the great cities of the time that we have not been able to for the District of Columbia, to join me in vot- the world. move forward with the appropriation, ing for this budget bill so we can give the Na- As a former mayor, I know the chal- but with a lot of work of people on tion's Capital a chance to survive as a city. lenges that come with running a city. both sides of the aisle we have come to I am pleased that the Victims of Com- It will not be easy to reform, but we the conclusion this evening that we munism Relief Act of 1997 is incorporated in must start now. have an appropriation bill that I am this bill and will become law. The agreement I was very supportive of the bill that proud to support. provides that Nicaraguans and Cubans who originally passed in the House. I be- I want to thank my ranking member entered the United States prior to December lieve that it contains some tough lan- of the authorizing committee, the gen- 1, 1995, will be made eligible for lawful perma- guage that will go a long way to chang- tlewoman from the District of Colum- nent residence provided they apply prior to ing the face of our Nation’s Capital. bia [Ms. NORTON], and the gentleman April 1, 2000. H10678 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Guatemalans and Salvadorans, who filed for Haitians in this country that came trict of Columbia that has been bur- asylum prior to April 1, 1990, and members of here under the same credible fear of dened in an equivalent manner, and in the ABC class, will have their cases reviewed persecution as the Nicaraguans and the my view has not been treated as fairly under the less onerous rules in existence be- Central Americans and the Cubans are as they should be. But all the gentle- fore the 1996 Immigration Act [IIRIRA] went now left out of this particular bill. woman from Florida [Mrs. MEEK] into effect. In addition, battered spouses and I am being told that, number 1, the sought in the Committee on Rules was children in proceedings prior to April 1, 1997, Haitians were never to be considered. an amendment that would allow for an will be processed under the pre-IIRIRA rules. They were not a part of the agreement. up-or-down vote on whether or not the Guatemalans and Salvadorans will have As a matter of fact, I have substantive Haitian refugees, particularly those their adjustments offset by reductions in the proof to show that they were not a part that came through Guantanamo, would diversity and unskilledÐnonagriculturalÐwork- of the agreement. We lobbied very hard receive the same consideration as ev- er programs, which will not exceed 5,000 in to try to get them included. It is never eryone else. each annually. All pending approved petitions too late for this Congress to do the Neither the gentlewoman from Flor- for unskilled worker visas will be permitted to right thing. ida [Mrs. MEEK] nor I take any back adjust under the current 10,000 cap. But there is something that per- seat to supporting all of the efforts of Members of the defined categories of plexes me, which is, why is it that al- those who we represent in south Flor- Central AmericansÐSalvadorans and Guate- ways when communities of color come ida. I support Nicaraguans, and I think malansÐwhose cases are under the jurisdic- up in immigration, they are always that they should receive an amnesty tion of the post-April 1 rules, will have their overlooked or there is always some ex- that they have received. I support claims for cancellation of removal adjudicated cuse as to why they were not in the Central Americans, and I think that under the more generous standard of 7 years original agreement? I am asking this they should receive the amnesty that continuous residence and extreme hardship, Congress, why? That is why I am op- they are going to be able to apply for not subject to the 4,000-person cap. posing this rule, because this rule is and receive. I even support Eastern Eu- All Guatemalans and Salvadorans who meet unfair. Why have Nicaraguans, Cubans, ropeans and think that it is appro- the eligibility requirements states above will be Guatemalans, and Salvadoreans, who priate that this Nation, the beacon for exempted from the stop time rule, as inter- will live next door to each other in freedom and fairness, would offer them preted by the Board of Immigration Claims' N± some of our communities, one will get an opportunity to seek amnesty under J±B ruling. Individuals not within these cat- a green card and the others cannot. appropriate circumstances. However, I egories will be subject to the stop-time rule. One could seek citizenship after 4 to 5 totally reject the notion that those Refugees from the former Warsaw Pact na- years; the others cannot. Is that fair? that we made a commitment to, that tions will have their cases governed according My answer is no, it is not fair. It is an- we are not fair enough to continue our to the same rules which will apply for Guate- other step of unfairness in this coun- efforts to ensure that that commit- malans and Salvadorans. try. ment is kept. Mr. Speaker, many Central Americans have The reason that it is so unfair is we b 2315 made a positive impact in our community in allow it to happen. We allow these Once again, I thank the gentlewoman northern Virginia. The inclusion of this legisla- kinds of things to come in on an appro- from Florida [Mrs. MEEK] and will vote tion in the D.C. appropriation bill will bring a priations bill. We allow the unfairness to reject the rule for the reason that measure of justice to thousands who have fled to be so dominant in the kinds of deci- she will reject it, in her efforts to make oppression in their native land to seek the sions we make here. If we were fair, a simple amendment that asks for freedom and opportunity offered in this Nation. that amendment would have never nothing but fairness. Mr. FROST. Mr. Speaker, I yield 7 passed the Senate, it would never have Mrs. MEEK of Florida. Mr. Speaker, I minutes to the gentlewoman from come over here. If we were fair, the yield myself such time as I may Florida [Mrs. MEEK]. Haitians would have been given the consume. Mrs. MEEK of Florida. Mr. Speaker, I same time for amnesty as Nicaraguans Mr. Speaker, I will say in the end thank the gentleman for yielding me and others. that this is an unjust and unfair rule. this time. I have fought very hard on this floor, It is a rule which overlooks the Mr. Speaker, I rise to oppose this Mr. Speaker, for Cubans, for Hispanics, equalness and equality which we push rule. I think it is an unfair rule, and for Latinos in this country. I think it in this country. Having supported this Congress should know why I think is a slap in the face to the Black Cau- every effort to bring about equality in that way. cus and to the other caucuses which this country for immigrants and every- I went to the Committee on Rules to- have stood so steadily behind all of the one else, I reject any statement. That night to see if I could get an amend- bills that the Cuban Members of this is why I am voting against the rule. ment ruled eligible for the floor which Congress brought here, yet we could I call on the Members of this Con- would have turned around an injustice not receive any support to include the gress who believe in fairness and equity which is in this bill. I think what Con- Haitians. It is wrong, and I will always for all immigrants, not just one par- gress sees in this bill is what happens say it. It is wrong, and we should turn ticular set, to reject this rule, to send when legislators, people in Congress, it around. a message to the Republicans that they make rules on appropriations bills. It Mr. HASTINGS of Florida. Mr. do not choose certain immigrants be- is always a disaster when that happens, Speaker, will the gentlewoman yield? cause they go by the same ethnicity as and it is too bad that this particular Mrs. MEEK of Florida. I yield to the they do to include in a bill. It is not amendment on immigration, a situa- gentleman from Florida. fair, and it will show an unfairness for tion that is so very direly needed in Mr. HASTINGS of Florida. Mr. the majority party. this country, was placed on an appro- Speaker, I thank the gentlewoman for Mrs. MYRICK. Mr. Speaker, I yield 3 priations bill, and a very important ap- yielding. minutes to the gentleman from Califor- propriations bill, for the District of Co- I also thank her for her commitment nia [Mr. CUNNINGHAM]. lumbia. The District of Columbia has to this endeavor and for her leadership Mr. CUNNINGHAM. Mr. Speaker, I been bandied about in this Congress. I that she has demonstrated on behalf of had the privilege of working on the think it is high time we put the kind of those that she, myself, the gentle- education provisions of this legislation. precedence and the kind of attention woman from Florida [Ms. BROWN], and I would like to personally thank the on this particular bill that it should re- countless others in this Congress are chairman, the gentleman from North ceive. supportive of receiving the same con- Carolina, Mr. CHARLES TAYLOR, and Now, while I do not oppose the Dis- sideration as others have under this ranking minority member, the gen- trict of Columbia’s appropriations bill particular measure. tleman from Virginia Mr. JIM MORAN, being passed, I do not oppose the Nica- Reluctantly, I rise in opposition to who not only listened but was coopera- raguans getting their amnesty on this the rule. Like the gentlewoman from tive and worked very closely with the bill, and I do not oppose the Central Florida [Mrs. MEEK], said, I will sup- committee. Americans getting their amnesty, but port the ultimate bill because I feel I would also like to thank and I what I do reject is the idea that the that it is no more than fair to the Dis- think D.C. and this body owes a great November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10679 deal of gratitude to Gen. Julius Becton, fine job in a very difficult situation suspend the deportation of Haitians who has taken on almost an impossible with the D.C. school system, and this while Congress considers legislation to task of cutting through not only eco- bill helps that situation. It will be a provide relief to the Haitian commu- nomic problems but the political prob- long time before we correct all of D.C.’s nity in the United States. lems of D.C. schools. He has worked problems, but certainly this is a step The bill has already been introduced tirelessly in changing some of the rules forward. That is why I rise in support in the Senate by Senator BOB GRAHAM and in helping children in the District. of this rule. and Senator CONNIE MACK and others, I would like to commend General I do not disagree with the gentle- including Senator ABRAHAM, and a Becton. woman from Florida [Mrs. MEEK] about House companion bill has been Mr. Speaker, what education provi- the fact that Haitian refugees should dropped, to my understanding, by the sions are in the bill? It provides $3.3 get fair, comparable treatment to gentleman from Michigan [Mr. CON- million for public charter schools, that Central American and Cuban refugees. YERS]. I have agreed to be a cosponsor is good within this bill, but it also adds She argues about something that is not of that bill, as I have always been a co- money for the public schools. The gen- in the rule that she wants in the rule. sponsor of legislation by the gentle- tleman from Virginia [Mr. MORAN] I do not disagree with the issue, but I woman from Florida [Mrs. MEEK] on fought for these provisions along with do think that this rule should be sup- this issue of our Haitian brothers and Republicans, and we find that it is in ported. sisters. the best interests and will help. We need to get on with the business Mr. Speaker, I will request and insist There is a technical improvement to of providing the necessary funds for the upon hearings not only in the Senate the D.C. charter schools. There are District of Columbia. They are facing a on this legislation but in the House as about four of them. I will not belabor financial crisis. So let us get this rule well and on the basis of this White them, but I think these provisions will passed. I find nothing objectionable in House agreement of Senator MOSELEY- actually help. It was done on a biparti- it as it pertains to the District of Co- BRAUN where she lifted her hold and san basis, both Republicans and Demo- lumbia, and I will address the sub- the Senate passed the D.C. appropria- crats. The National Education Associa- stance of the bill when the bill is tions bill by voice vote. tion will finally pay its fair share of brought up. I do urge a ‘‘yes’’ vote on Mr. Speaker, I support, as I always taxes, which is about $1.1 million a the rule. have, the efforts to seek justice for our year that will go to help D.C. schools. Mrs. MYRICK. Mr. Speaker, I yield 4 Haitian brothers and sisters. My distin- We helped with that. minutes to the gentleman from Flor- guished friend, the gentlewoman from One of the things that I am saddened ida, Mr. LINCOLN DIAZ-BALART. Florida [Mrs. MEEK], knows that. I will by, Mr. Speaker, is that union bosses Mr. DIAZ-BALART. Mr. Speaker, continue doing so. So as I recommit to once again prevailed in stopping and with regard to the legislation on immi- do all I can to help our Haitian friends, preventing the aid to children in gration that is included in this appro- I seek justice and commend the Speak- schools within D.C. by waiving Davis- priations bill, I think it is important to er and all of those who have been in- Bacon. The average age of D.C. schools, point out that it is historic. It is in the volved, Mr. SMITH, as well as the lead- the average age, is 86 years old, Mr. great generous and compassionate tra- ers in the Senate, Senator ABRAHAM Speaker, 86 years. The roofs were so dition of the United States. and Senator MACK and Senator BOB bad, schools were delayed. The fire The process behind the Central GRAHAM and others, who have worked codes are so bad that it was not even American relief legislation began in placed in the fire department, it is in on this. July of this year, in June and July of Mr. HASTINGS of Florida. Mr. the hands of a judge. this year, after a commitment by Yet, union bosses prevented saving Speaker, will the gentleman yield? President Clinton to the Central Amer- up to 25 percent on school construction Mr. DIAZ-BALART. I yield to the ican Presidents during a summit in by giving the school construction au- gentleman from Florida. Costa Rica, and also a commitment by thority the ability to waive Davis- Mr. HASTINGS of Florida. Mr. the Speaker of the House, Speaker Bacon. Once again, the unions chose to Speaker, am I understanding the gen- line their pockets rather than come to GINGRICH, after a visit to south Flor- tleman correctly that we have his com- the aid of children. I think that is sick- ida, precisely commenting on this mitment that he will push to ensure ening, Mr. Speaker. It is something issue. that the Haitians receive the same con- The legislation was drafted after seri- that we need to change. sideration that the Nicaraguans have? The D.C. Student Opportunities ous consultation with the National Se- Mr. DIAZ-BALART. Yes. Scholarship, which is not included in curity Council and the Department of Mr. HASTINGS of Florida. Mr. this, which my friend said is a Repub- Justice. It was drafted to prevent the Speaker, while the gentleman is an- lican strategy or social strategy, is deportation of Nicaraguans and also of swering it, would he be so kind as to going to be in a freestanding bill to Guatemalans and Salvadorans, known tell me, was it not equally possible where he can vote up or down on it. as the ABC class, that were denied sus- that we could have included the Hai- Only a liberal would say that he does pension of deportation by the retro- tians in this particular measure? not want to help education and chil- activity of the Immigration Reform Mr. DIAZ-BALART. The gentleman dren have a choice of where they could Act that was passed last year. is aware of the fact that in the negotia- go. I want to point out, I would like to tions that led to this legislation, Mr. There is no pay raise for properly point out, Mr. Speaker, that passage of SMITH made what I consider to have credentialed teachers, which we felt this language, which is included in the been a very good faith offer with regard was important. District of Columbia appropriations to the Haitians. The gentlewoman from Mr. FROST. Mr. Speaker, I yield 2 bill, will not in any way hinder efforts Florida [Mrs. MEEK] was of the opinion minutes to the gentleman from Vir- to seek similar relief for Haitian refu- that that was not something that ginia [Mr. MORAN]. gees in other legislative measures. should be finalized in the terms that Mr. MORAN of Virginia. Mr. Speak- Last week, Senator MOSELEY-BRAUN were offered. er, I want to suggest to the gentleman in the Senate put a hold on the Senate But yes, my commitment is there, from California who just spoke, when D.C. appropriations bill because of the my distinguished friend, with regard to he was praising General Becton, he Haitian issue. She lifted her objection pushing this issue further. used the term, ‘‘I would like to com- after the Attorney General and the Mr. FROST. Mr. Speaker, I yield 2 mand General Becton.’’ I think he may White House agreed to provide admin- minutes to the gentlewoman from the want to correct the RECORD. I suspect istrative relief to the Haitian commu- District of Columbia [Ms. NORTON]. he meant ‘‘commend General Becton.’’ nity while Congress considers a legisla- Ms. NORTON. Mr. Speaker, I rise to I might like to command him, but I tive remedy. ask for a vote, a positive vote, on the note that he may want to catch that in The agreement reached between the rule on a bipartisan basis. the RECORD. Senator and the administration pro- Mr. Speaker, this is the last appro- Either way, I agree with the gen- vides that the President will authorize priation out. By all rights, it should tleman that General Becton is doing a the Attorney General to temporarily have been the first, considering the H10680 CONGRESSIONAL RECORD — HOUSE November 12, 1997 condition of the District of Columbia ership. It is because of their firm belief they place it on the D.C. appropria- and considering that there is only a in fairness that my other colleague, tions, where we are desperate to try token amount of Federal funds. I am the gentleman from Miami, FL [Mr. and get a little justice for the District coming to this floor to ask permission DIAZ-BALART], and I are going to join of Columbia, and they pit people to spend my own money. I do not know with them in working with our Florida against each other in the most unfair what the rest of the Members would do Senators, CONNIE MACK and BOB GRA- way. There is no rational reason for it. if they had to do this. HAM, to get fair treatment for the Hai- They should not put the gentlewoman This is a caboose appropriation held tians. from Florida [Mrs. MEEK] in the posi- up in the Senate, as Members have In January when we come back to de- tion of standing up here asking for a no heard, over an issue completely unre- bate the new bills, we will continue vote on the rule for the District of Co- lated. I could not be more in sympathy working with our south Florida col- lumbia, when they know how desperate with the gentlewoman from Florida leagues and our Florida Senators to see the gentlewoman from the District of [Mrs. MEEK]. If my appropriation has that the Guantanamo Haitians get the Columbia [Ms. NORTON] is. As a matter been treated regrettably, she has been fair treatment that they deserve. of fact, if they had any decency at all, treated most unfairly, and I pledge to I visited the Guantanamo base in they would pull this rule from the floor her that I will do all in my power to Cuba while the Haitians were there, I and go back and put the Haitians in. know of their plight. It was a great monitor this matter to see that the These Haitians were promised. I have honor for me when I first came to Con- compromise that has been achieved is got letters here from Haitians whose carried out and to see that full justice gress to represent the community of little Haiti. It is a wonderful law-abid- parents were killed right before their is done in legislation when we return. eyes. They are seeking asylum because This bill has been cleansed of the is- ing community, and I have supported and will continue to support the gen- they were under political massacre sues that would have gotten a veto. from the Haitians down there. And my Some of them would have been micro- tlewoman from Florida [Mrs. MEEK] in cosponsoring her bill. We have worked colleagues would stand here and allow management of the District. Others this situation to develop. This is un- would have been ideological issues. with the White House to work out this compromise that no deportations will conscionable. It is unreasonable. It is We have gone from micromanaging unfair. It is unjust. It is unkind. It is the District to micromanaging the be taking place while the legislation moves through the proper procedures everything that I can think of when I Control Board. We have to stop that. look at what they are doing. The Control Board is not above criti- in the House and the Senate. I cannot stand hear and say, do not cism, and I have been among its critics, b 2230 support the D.C. rule. At the same but the fact is that these are five dis- However, the bill before us now does tinguished people working for no pay time, we have these Representatives save many thousands of lives from the from Florida who are sitting here in who are trying to do an almost impos- immigration limbo that they are fac- sible job. We ought to reinforce them, pain because of what they are doing. ing, the deportation that has been di- The gentleman from Florida [Mr. DIAZ- unless they get way off the mark. We viding many communities. are not close enough to take what they BALART] and the rest of my colleagues Therefore, I urge my colleagues to who negotiated this deal, they should do and unravel it dollar by dollar. support the rule and move this legisla- All sides need to talk and negotiate stand up like men and women and undo tion forward, which is going to help so it now and do the right thing. before the appropriation period, rather many immigrants. And we look for- than waiting for the appropriation to Mrs. MYRICK. Mr. Speaker, I reserve ward to continuing in the new session the balance of my time. try to reform the District of Columbia. in supporting other immigrants as If Members want to have meaningful well. Mr. FROST. Mr. Speaker, I yield 2 participation in the reform and re- As an immigrant myself, as a politi- minutes to the gentlewoman from structuring of the District, let the cal refugee who sought freedom and de- Texas [Ms. JACKSON-LEE]. Committee on Appropriations, the sub- mocracy, I know what this country Ms. JACKSON-LEE of Texas. Mr. committee, the authorizing sub- stands for, and I know the beliefs that Speaker, I thank the ranking member committee, the Control Board, and the have brought us here still linger in our very much for his kindness. District sit down and work out their hearts. And we practice them every Let me, first of all, thank the hard problems before they get to this floor. day. So I look forward to working with work of the gentlewoman from the Dis- Home Rule? Yes, that is one reason my colleagues to see this come true. trict of Columbia [Ms. NORTON] and the this bill must be supported, because it Mr. FROST. Mr. Speaker, I would in- gentleman from Virginia [Mr. DAVIS] has the support of the District of Co- quire of the time remaining on each and the gentleman from Virginia [Mr. lumbia, which worked hard to please side. MORAN] for working so hard on the D.C. the Congress in what it has achieved, The SPEAKER pro tempore (Mr. appropriations bill and particularly the but it also must be supported because LAHOOD). The gentleman from Texas charter school effort that I think will this bill is, in fact, an efficient and re- [Mr. FROST] has 19 minutes remaining. help our children in the District of Co- liable way to move the District for- The gentlewoman from North Carolina lumbia. ward. [Mrs. MYRICK] has 181⁄2 minutes remain- I heard a colleague mention the need Mrs. MYRICK. Mr. Speaker, I yield 2 ing. for money for construction and accus- minutes to the gentlewoman from Mr. FROST. Mr. Speaker, I yield 2 ing unions of taking monies out of the Florida [Ms. ROS-LEHTINEN]. minutes to the gentlewoman from Cali- children of the District of Columbia. If Ms. ROS-LEHTINEN. Mr. Speaker, fornia [Ms. WATERS]. our colleagues, the gentlewoman from Ms. WATERS. Mr. Speaker, we find my Republican colleagues had voted south Florida, Mrs. CARRIE MEEK, and ourselves in a rather unfortunate situ- for the $5 billion infrastructure addi- the gentleman from Florida, Mr. ALCEE ation. This is the most cynical kind of tion to the budget, we might have had HASTINGS, have done a formidable job public policy-making that I have ever those dollars for the D.C. schools. More of defending our community, especially witnessed. I cannot understand for the importantly, I think it should be well the immigrant community, after their life of me why the Haitians would have known that this is D.C. money and not many years of dedicated service. been left out from consideration. our money, and all we are doing is All of us in the south Florida con- As I understand, the Immigration tying it up and not spending it. gressional delegation have the great and Naturalization Service reports Let me move quickly to the Haitian privilege of representing various pock- that, as of September 30, 1996, applica- question, because I join my colleagues ets of the immigrant community, and tions for asylum were pending for in a great deal of dissatisfaction with we try to help all of those communities about 18,000 Haitians, 21,000 Nica- the committee for not allowing this whenever we can. I commend my col- raguans, 118,000 Guatemalans, and particular amendment of the gentle- leagues, the gentlewoman from Florida 191,000 Salvadorans. woman from Florida [Mrs. MEEK] to be [Mrs. MEEK] and the gentleman from How can they just drop the Haitians? drawn to this rule that would allow the Florida [Mr. HASTINGS], for their lead- It does not make good sense, and then Haitians to be included in the privilege November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10681 and waiver of allowing them to stay said with regard to the issue affecting Mr. FROST. Mr. Speaker, I yield and continue their process of applica- immigrants, principally from Central back the balance of my time. tion. This is, of course, a discrimina- America and the Haitian community, Mrs. MYRICK. Mr. Speaker, I yield tory process, even though I applaud the that he was trying, through the legisla- back the balance of my time, and I White House and Attorney General for tion he had provided Congress to work move the previous question on the res- the administrative process that will on, he was seeking fair and equitable olution. allow them to stay in and the hearings treatment for these individuals from The previous question was ordered. of my colleague the gentleman from these countries in Central America and The resolution was agreed to. A motion to reconsider was laid on Michigan [Mr. CONYERS] and the work Haiti. He goes on to say, ‘‘I am con- the table. of the gentleman from North Carolina cerned, however, that this legislation, unlike my original proposal, inappro- Mr. LIVINGSTON. Mr. Speaker, pur- [Mr. WATT], who is the chair of the suant to House Resolution 324, I call up Subcommittee on Immigration and priately distinguishes among nationals from different countries, including the bill (H.R. 2607) making appropria- Claims. tions for the Government of the Dis- As a member of the House Committee those from Central America. It re- quires continued retroactive applica- trict of Columbia and other activities on the Judiciary, I think this is an chargeable in whole or in part against unpardonable sin. The Haitians deserve tion of certain provisions in the 1996 immigration law and does not allow for the revenues of said District for the fis- the same kind of freedom and oppor- cal year ending September 30, 1998, and an adequate transition to the law’s new tunity that other immigrants deserve for other purposes. when they come to this country. Now rules. Accordingly, the Congress should The Clerk read the title of the bill. 11,000 immigrants will be separated provide for a fair resolution of these is- The text of the Senate amendments from their families. Who is to say that sues.’’ He goes on to say, ‘‘In addition, is as follows: there is not persecution in Haiti as I strongly urge the Congress to provide Senate amendments: there is in Nicaragua and Guatemala? to Haitians treatment similar to that Strike out all after the enacting clause I support what has happened to the provided to Central Americans.’’ and insert: Nicaraguans’ and the Guatemalans’ What the President was speaking of That the following sums are appropriated, out country for freedom. We always have was the change from his legislation of any money in the Treasury not otherwise ap- supported this in a combined effort to that came to Congress and was being propriated, for the several departments, agen- support those who come here to this sponsored by certain Members in the cies, corporations and other organizational House and the Senate and what is now units of the Government for the fiscal year 1998, country for freedom. My question to and for other purposes, namely: my colleagues is, how can you deny in this appropriation bill, which is much different from what the Presi- DIVISION A—DISTRICT OF COLUMBIA this to Haitians? How can you stand up APPROPRIATIONS ACT, 1998 here and separate immigrants who dent first proposed. As Cardinal Law from Massachusetts The following sums are appropriated, out of have come here for freedom? said, ‘‘We are putting these immigrants any money in the Treasury not otherwise appro- I would ask that this rule be denied priated, for the District of Columbia for the fis- through ‘emotional torture’.’’ Cardinal and voted down, not because I do not cal year ending September 30, 1998, and for Law goes on to say, ‘‘The United States support the District of Columbia, be- other purposes, to be effective as if it had been must provide for equitable treatment cause it is their money, but because enacted into law as the regular appropriations to Nicaraguans, Salvadorans, and Gua- they do not even allow the immigrants Act, namely: temalans, as well as justice for Hai- that are Haitians that come to this TITLE I—FISCAL YEAR 1998 tians, in emerging immigration legisla- APPROPRIATIONS country for freedom to get the same tion.’’ FEDERAL FUNDS privileges of those that are getting the Mr. Speaker, what a number of us are FEDERAL PAYMENT FOR MANAGEMENT REFORM privilege. saying here today is that, when we had I ask for my colleagues to consider For payment to the District of Columbia, as a chance to put forth equity, when we authorized by section 11103(c) of the National the disparate treatment being given to had a chance to right the wrongs of Capital Revitalization and Self-Government Im- Haitians in this country. last year’s immigration law, when we provement Act of 1997, Public Law 105–33, Mrs. MYRICK. Mr. Speaker, I would had a chance to show that we respect $8,000,000, to remain available until September like to inquire of my colleague the gen- and dignify people who come to this 30, 1999, which shall be deposited into an escrow tleman from Texas [Mr. FROST] how account of the District of Columbia Financial country to escape persecution and to Responsibility and Management Assistance Au- many speakers he has left. start a new life, we failed. We failed be- Mr. FROST. Mr. Speaker, at this thority and shall be disbursed from such escrow cause we were able to do a great account pursuant to the instructions of the Au- point, we have one speaker remaining. amount for some, and I am very Mrs. MYRICK. Mr. Speaker, I do not thority only for a program of management re- pleased that the Nicaraguans will have form pursuant to sections 11101–11106 of the Dis- have any more speakers, so I reserve a chance to say that they will receive trict of Columbia Management Reform Act of my time. amnesty, but we did not do it for any 1997, Public Law 105–33. Mr. FROST. Mr. Speaker. I yield 3 other Central American constituency FEDERAL CONTRIBUTION TO THE OPERATIONS OF minutes to the gentleman from Califor- similarly situated. THE NATION’S CAPITAL nia [Mr. BECERRA]. The Salvadorans and the Guate- For a Federal contribution to the District of Mr. BECERRA. Mr. Speaker, I thank malans are in no different condition Columbia toward the costs of the operation of the gentleman from Texas [Mr. FROST] than the Nicaraguans, yet they are the government of the District of Columbia, for yielding me the time. being treated differently. And the Hai- $190,000,000, which shall be deposited into an es- I, too, am one who is pleased that crow account held by the District of Columbia tians are completely shut out of this Financial Responsibility and Management As- there was progress with the D.C. appro- legislation. That is wrong. We could priations bill. It is certainly true that sistance Authority, which shall allocate the have cured this. We do not need to wait funds to the Mayor at such intervals and in ac- the District of Columbia needs the for future legislation to deal with this. cordance with such terms and conditions as it funding. I wish I could stand here and We could have done it today, and we considers appropriate to implement the financial tell my colleagues that we should pass did not. plan for the year: Provided, That these funds this rule and get on with our business, That is the shame of this bill that we may be used by the District of Columbia for the but I cannot because of many of the have before us. That is why, unfortu- costs of advances to the District government as reasons that have been stated by some nately, some of us have to stand here authorized by section 11402 of the National Cap- ital Revitalization and Self-Government Im- of my colleagues, especially from Flor- and say that it is better to vote no on ida, with regard to a particular provi- provement Act of 1997, Public Law 105–33: Pro- the rule than yes. vided further, That not less than $30,000,000 sion which was added to this appropria- Mr. FROST. Mr. Speaker, we have no shall be used by the District of Columbia to tion bill that really does not have any- additional speakers at this time. I ask, repay the accumulated general fund deficit. thing to do with D.C. appropriations is the gentlewoman from North Caro- FEDERAL PAYMENT TO THE DISTRICT OF but, nonetheless, was added. lina [Mrs. MYRICK] going to yield back COLUMBIA CORRECTIONS TRUSTEE OPERATIONS Let me quote for my colleagues from her time at this point? For payment to the District of Columbia Cor- a letter of the President of the United Mrs. MYRICK. Mr. Speaker, yes, I rections Trustee, $169,000,000 for the administra- States of November 4, 1997, where he am. tion and operation of correctional facilities and H10682 CONGRESSIONAL RECORD — HOUSE November 12, 1997 for the administrative operating costs of the Of- lumbia shall identify the sources of funding for firefighters, when authorized by the District of fice of the Corrections Trustee, as authorized by Admission to Statehood from its own locally- Columbia Council and the District of Columbia section 11202 of the National Capital Revitaliza- generated revenues: Provided further, That Financial Responsibility and Management As- tion and Self-Government Improvement Act of $240,000 shall be available for citywide special sistance Authority, which funding will be made 1997, Public Law 105–33. elections: Provided further, That all employees available as savings achieved through actions FEDERAL PAYMENT TO THE DISTRICT OF COLUM- permanently assigned to work in the Office of within the appropriated budget: Provided fur- BIA CORRECTIONS TRUSTEE FOR CORRECTIONAL the Mayor shall be paid from funds allocated to ther, That, commencing on December 31, 1997, FACILITIES, CONSTRUCTION AND REPAIR the Office of the Mayor. the Metropolitan Police Department shall pro- vide to the Committees on Appropriations of the For payment to the District of Columbia Cor- ECONOMIC DEVELOPMENT AND REGULATION Senate and House of Representatives, the Com- rections Trustee for Correctional Facilities, Economic development and regulation, mittee on Governmental Affairs of the Senate, $302,000,000, to remain available until expended, $120,072,000 (including $40,377,000 from local and the Committee on Government Reform and of which not less than $294,900,000 is available funds, $42,065,000 from Federal funds, and Oversight of the House of Representatives, quar- for transfer to the Federal Prison System, as au- $37,630,000 from other funds), together with terly reports on the status of crime reduction in thorized by section 11202 of the National Capital $12,000,000 collected in the form of BID tax reve- each of the 83 police service areas established Revitalization and Self-Government Improve- nue collected by the District of Columbia on be- throughout the District of Columbia: Provided ment Act of 1997, Public Law 105–33. half of business improvement districts pursuant to the Business Improvement Districts Act of further, That funds appropriated for expenses FEDERAL PAYMENT TO THE DISTRICT OF 1996, effective May 29, 1996 (D.C. Law 11–134; under the District of Columbia Criminal Justice COLUMBIA D.C. Code, sec. 1–2271 et seq.), and the Business Act, approved September 3, 1974 (88 Stat. 1090; CRIMINAL JUSTICE SYSTEM Improvement Districts Temporary Amendment Public Law 93–412; D.C. Code, sec. 11–2601 et (INCLUDING TRANSFER OF FUNDS) Act of 1997 (Bill 12–230). seq.), for the fiscal year ending September 30, Notwithstanding any other provision of law, PUBLIC SAFETY AND JUSTICE 1998, shall be available for obligations incurred $108,000,000 for payment to the Joint Committee Public safety and justice, including purchase under the Act in each fiscal year since inception on Judicial Administration in the District of Co- or lease of 135 passenger-carrying vehicles for in fiscal year 1975: Provided further, That funds lumbia for operation of the District of Columbia replacement only, including 130 for police-type appropriated for expenses under the District of Courts, including pension costs: Provided, That use and five for fire-type use, without regard to Columbia Neglect Representation Equity Act of said sums shall be paid quarterly by the Treas- the general purchase price limitation for the 1984, effective March 13, 1985 (D.C. Law 5–129; ury of the United States based on quarterly ap- current fiscal year, $529,739,000 (including D.C. Code, sec. 16–2304), for the fiscal year end- portionments approved by the Office of Manage- $510,326,000 from local funds, $13,519,000 from ing September 30, 1998, shall be available for ob- ment and Budget, with payroll and financial Federal funds, and $5,894,000 from other funds): ligations incurred under the Act in each fiscal services to be provided on a contractual basis Provided, That the Metropolitan Police Depart- year since inception in fiscal year 1985: Provided with the General Services Administration, said ment is authorized to replace not to exceed 25 further, That funds appropriated for expenses services to include the preparation and submis- passenger-carrying vehicles and the Department under the District of Columbia Guardianship, sion of monthly financial reports to the Presi- of Fire and Emergency Medical Services of the Protective Proceedings, and Durable Power of dent and to the Committees on Appropriations District of Columbia is authorized to replace not Attorney Act of 1986, effective February 27, 1987 of the Senate and House of Representatives, the to exceed five passenger-carrying vehicles annu- (D.C. Law 6–204; D.C. Code, sec. 21–2060), for Committee on Governmental Affairs of the Sen- ally whenever the cost of repair to any damaged the fiscal year ending September 30, 1998, shall ate, and the Committee on Government Reform vehicle exceeds three-fourths of the cost of the be available for obligations incurred under the and Oversight of the House of Representatives; replacement: Provided further, That not to ex- Act in each fiscal year since inception in fiscal of which not to exceed $750,000 shall be avail- ceed $500,000 shall be available from this appro- year 1989. able for establishment and operations of the Dis- priation for the Chief of Police for the preven- PUBLIC EDUCATION SYSTEM trict of Columbia Truth in Sentencing Commis- tion and detection of crime: Provided further, Public education system, including the devel- sion as authorized by section 11211 of the Na- That the Metropolitan Police Department shall opment of national defense education programs, tional Capital Revitalization and Self-Govern- provide quarterly reports to the Committees on $672,444,000 (including $530,197,000 from local ment Improvement Act of 1997, Public Law 105– Appropriations of the House and Senate on ef- funds, $112,806,000 from Federal funds, and 33. forts to increase efficiency and improve the pro- $29,441,000 from other funds), to be allocated as Notwithstanding any other provision of law, fessionalism in the department: Provided fur- follows: $564,129,000 (including $460,143,000 from for an additional amount, $43,000,000, for pay- ther, That notwithstanding any other provision local funds, $98,491,000 from Federal funds, and ment to the Offender Supervision Trustee to be of law, or Mayor’s Order 86–45, issued March 18, $5,495,000 from other funds), for the public available only for obligation by the Offender 1986, the Metropolitan Police Department’s dele- schools of the District of Columbia; $8,900,000 Supervision Trustee; of which $26,855,000 shall gated small purchase authority shall be from local funds for the District of Columbia be available for Parole, Adult Probation and Of- $500,000: Provided further, That the District of Teachers’ Retirement Fund; $3,376,000 from local fender Supervision; of which $9,000,000 shall be Columbia government may not require the Met- funds (not including funds already made avail- available to the Public Defender Service; of ropolitan Police Department to submit to any able for District of Columbia public schools) for which $6,345,000 shall be available to the Pre- other procurement review process, or to obtain public charter schools: Provided, That if the en- trial Services Agency; and of which not to ex- the approval of or be restricted in any manner tirety of this allocation has not been provided as ceed $800,000 shall be transferred to the United by any official or employee of the District of Co- payments to any public charter schools cur- States Parole Commission to implement section lumbia government, for purchases that do not rently in operation through the per pupil fund- 11231 of the National Capital Revitalization and exceed $500,000: Provided further, That the ing formula, the funds shall be available for Self-Government Improvement Act of 1997. Mayor shall reimburse the District of Columbia new public charter schools on a per pupil basis: DISTRICT OF COLUMBIA FUNDS National Guard for expenses incurred in con- Provided further, That $400,000 be available to OPERATING EXPENSES nection with services that are performed in the District of Columbia Public Charter School emergencies by the National Guard in a militia Board for administrative costs: Provided fur- DIVISION OF EXPENSES status and are requested by the Mayor, in ther, That if the entirety of this allocation has The following amounts are appropriated for amounts that shall be jointly determined and not been provided as payment to one or more the District of Columbia for the current fiscal certified as due and payable for these services public charter schools by May 1, 1998, and re- year out of the general fund of the District of by the Mayor and the Commanding General of mains unallocated, the funds shall be deposited Columbia, except as otherwise specifically pro- the District of Columbia National Guard: Pro- into a special revolving loan fund to be used vided. vided further, That such sums as may be nec- solely to assist existing or new public charter GOVERNMENTAL DIRECTION AND SUPPORT essary for reimbursement to the District of Co- schools in meeting startup and operating costs: Governmental direction and support, lumbia National Guard under the preceding pro- Provided further, That the Emergency Transi- $105,177,000 (including $84,316,000 from local viso shall be available from this appropriation, tional Education Board of Trustees of the Dis- funds, $14,013,000 from Federal funds, and and the availability of the sums shall be deemed trict of Columbia shall report to Congress not $6,848,000 from other funds): Provided, That not as constituting payment in advance for emer- later than 120 days after the date of enactment to exceed $2,500 for the Mayor, $2,500 for the gency services involved: Provided further, That of this Act on the capital needs of each public Chairman of the Council of the District of Co- the Metropolitan Police Department is author- charter school and whether the current per lumbia, and $2,500 for the City Administrator ized to maintain 3,800 sworn officers, with leave pupil funding formula should reflect these shall be available from this appropriation for of- for a 50 officer attrition: Provided further, That needs: Provided further, That until the Emer- ficial purposes: Provided further, That any pro- no more than 15 members of the Metropolitan gency Transitional Education Board of Trustees gram fees collected from the issuance of debt Police Department shall be detailed or assigned reports to Congress as provided in the preceding shall be available for the payment of expenses of to the Executive Protection Unit, until the Chief proviso, the Emergency Transitional Education the debt management program of the District of of Police submits a recommendation to the Board of Trustees shall take appropriate steps Columbia: Provided further, That no revenues Council for its review: Provided further, That to provide public charter schools with assistance from Federal sources shall be used to support $100,000 shall be available for inmates released to meet all capital expenses in a manner that is the operations or activities of the Statehood on medical and geriatric parole: Provided fur- equitable with respect to assistance provided to Commission and Statehood Compact Commis- ther, That not less than $2,254,754 shall be other District of Columbia public schools: Pro- sion: Provided further, That the District of Co- available to support a pay raise for uniformed vided further, That the Emergency Transitional November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10683 Education Board of Trustees shall report to $2,400,000 shall be available for recycling activi- service fund for repayment of loans and interest Congress not later than November 1, 1998, on the ties. incurred for capital improvement projects. implementation of their policy to give preference FINANCING AND OTHER USES LOTTERY AND CHARITABLE GAMES CONTROL to newly created District of Columbia public Financing and other uses, $454,773,000 (in- BOARD charter schools for surplus public school prop- cluding for payment to the Washington Conven- For the Lottery and Charitable Games Control erty; $74,087,000 (including $37,791,000 from local tion Center, $5,400,000 from local funds; reim- Board, established by the District of Columbia funds, $12,804,000 from Federal funds, and bursement to the United States of funds loaned Appropriation Act for the fiscal year ending $23,492,000 from other funds) for the University in compliance with An Act to provide for the es- September 30, 1982, approved December 4, 1981 of the District of Columbia; $22,036,000 (includ- tablishment of a modern, adequate, and efficient (95 Stat. 1174, 1175; Public Law 97–91), as ing $20,424,000 from local funds, $1,158,000 from hospital center in the District of Columbia, ap- amended, for the purpose of implementing the Federal funds, and $454,000 from other funds) proved August 7, 1946 (60 Stat. 896; Public Law Law to Legalize Lotteries, Daily Numbers for the Public Library; $2,057,000 (including 79–648); section 1 of An Act to authorize the Games, and Bingo and Raffles for Charitable $1,704,000 from local funds and $353,000 from Commissioners of the District of Columbia to Purposes in the District of Columbia, effective Federal funds) for the Commission on the Arts borrow funds for capital improvement programs March 10, 1981 (D.C. Law 3–172; D.C. Code, and Humanities: Provided further, That the and to amend provisions of law relating to Fed- secs. 2–2501 et seq. and 22–1516 et seq.), public schools of the District of Columbia are eral Government participation in meeting costs $213,500,000: Provided, That the District of Co- authorized to accept not to exceed 31 motor ve- of maintaining the Nation’s Capital City, ap- lumbia shall identify the source of funding for hicles for exclusive use in the driver education this appropriation title from the District’s own program: Provided further, That not to exceed proved June 6, 1958 (72 Stat. 183; Public Law 85– locally-generated revenues: Provided further, $2,500 for the Superintendent of Schools, $2,500 451; D.C. Code, sec. 9–219); section 4 of An Act That no revenues from Federal sources shall be for the President of the University of the Dis- to authorize the Commissioners of the District of trict of Columbia, and $2,000 for the Public Li- Columbia to plan, construct, operate, and main- used to support the operations or activities of brarian shall be available from this appropria- tain a sanitary sewer to connect the Dulles the Lottery and Charitable Games Control tion for official purposes: Provided further, International Airport with the District of Co- Board. That not less than $1,200,000 shall be available lumbia system, approved June 12, 1960 (74 Stat. STARPLEX FUND for local school allotments in a restricted line 211; Public Law 86–515); and sections 723 and For the Starplex Fund, $5,936,000 from other item: Provided further, That not less than 743(f) of the District of Columbia Home Rule Act funds for expenses incurred by the Armory $4,500,000 shall be available to support kinder- of 1973, approved December 24, 1973, as amended Board in the exercise of its powers granted by garten aides in a restricted line item: Provided (87 Stat. 821; Public Law 93–198; D.C. Code, sec. An Act To Establish A District of Columbia Ar- further, That not less than $2,800,000 shall be 47–321, note; 91 Stat. 1156; Public Law 95–131; mory Board, and for other purposes, approved available to support substitute teachers in a re- D.C. Code, sec. 9–219, note), including interest June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–301 stricted line item: Provided further, That not as required thereby, $384,430,000 from local et seq.) and the District of Columbia Stadium less than $1,788,000 shall be available in a re- funds; for the purpose of eliminating the Act of 1957, approved September 7, 1957 (71 Stat. stricted line item for school counselors: Provided $331,589,000 general fund accumulated deficit as 619; Public Law 85–300; D.C. Code, sec. 2–321 et further, That this appropriation shall not be of September 30, 1990, $39,020,000 from local seq.): Provided, That the Mayor shall submit a available to subsidize the education of non- funds, as authorized by section 461(a) of the budget for the Armory Board for the forthcom- residents of the District of Columbia at the Uni- District of Columbia Home Rule Act, approved ing fiscal year as required by section 442(b) of versity of the District of Columbia, unless the December 24, 1973, as amended (105 Stat. 540; the District of Columbia Home Rule Act, ap- Board of Trustees of the University of the Dis- Public Law 102–106; D.C. Code, sec. 47–321(a)(1); proved December 24, 1973 (87 Stat. 824; Public trict of Columbia adopts, for the fiscal year end- for payment of interest on short-term borrowing, Law 93–198; D.C. Code, sec. 47–301(b)). $12,000,000 from local funds; for lease payments ing September 30, 1998, a tuition rate schedule D.C. GENERAL HOSPITAL that will establish the tuition rate for non- in accordance with the Certificates of Participa- tion involving the land site underlying the For the District of Columbia General Hospital, resident students at a level no lower than the established by Reorganization Order No. 57 of nonresident tuition rate charged at comparable building located at One Judiciary Square, $7,923,000 from local funds; for human resources the Board of Commissioners, effective August 15, public institutions of higher education in the 1953, $97,019,000, of which $44,335,000 shall be metropolitan area. development, including costs of increased em- ployee training, administrative reforms, and an derived by transfer from the general fund and HUMAN SUPPORT SERVICES executive compensation system, $6,000,000 from $52,684,000 shall be derived from other funds. Human support services, $1,718,939,000 (in- local funds); for equipment leases, the Mayor D.C. RETIREMENT BOARD cluding $789,350,000 from local funds, may finance $13,127,000 of equipment cost, plus For the D.C. Retirement Board, established by $886,702,000 from Federal funds, and $42,887,000 cost of issuance not to exceed two percent of the section 121 of the District of Columbia Retire- from other funds): Provided, That $21,089,000 of par amount being financed on a lease purchase ment Reform Act of 1979, approved November 17, this appropriation, to remain available until ex- basis with a maturity not to exceed five years: 1979 (93 Stat. 866; D.C. Code, sec. 1–711), pended, shall be available solely for District of Provided, That $75,000 is allocated to the De- $16,762,000 from the earnings of the applicable Columbia employees’ disability compensation: partment of Corrections, $8,000,000 for the Pub- retirement funds to pay legal, management, in- Provided further, That a peer review committee lic Schools, $50,000 for the Public Library, vestment, and other fees and administrative ex- shall be established to review medical payments $260,000 for the Department of Human Services, penses of the District of Columbia Retirement and the type of service received by a disability $244,000 for the Department of Recreation and Board: Provided, That the District of Columbia compensation claimant: Provided further, That Parks, and $4,498,000 for the Department of Retirement Board shall provide to the Congress the District of Columbia shall not provide free Public Works. and to the Council of the District of Columbia a government services such as water, sewer, solid ENTERPRISE FUNDS quarterly report of the allocations of charges by waste disposal or collection, utilities, mainte- fund and of expenditures of all funds: Provided ENTERPRISE AND OTHER USES nance, repairs, or similar services to any legally further, That the District of Columbia Retire- constituted private nonprofit organization (as Enterprises and other uses, $15,725,000 (in- ment Board shall provide the Mayor, for trans- defined in section 411(5) of Public Law 100–77, cluding for the Cable Television Enterprise mittal to the Council of the District of Columbia, approved July 22, 1987) providing emergency Fund, established by the Cable Television Com- an itemized accounting of the planned use of shelter services in the District, if the District munications Act of 1981, effective October 22, appropriated funds in time for each annual would not be qualified to receive reimbursement 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et budget submission and the actual use of such pursuant to the Stewart B. McKinney Homeless seq.), $2,467,000 (including $2,135,000 from local funds in time for each annual audited financial Assistance Act, approved July 22, 1987 (101 Stat. funds and $332,000 from other funds); for the report. 485; Public Law 100–77; 42 U.S.C. 11301 et seq.). Public Service Commission, $4,547,000 (including CORRECTIONAL INDUSTRIES FUND PUBLIC WORKS $4,250,000 from local funds, $117,000 from Fed- For the Correctional Industries Fund, estab- Public works, including rental of one pas- eral funds, and $180,000 from other funds); for the Office of the People’s Counsel, $2,428,000 lished by the District of Columbia Correctional senger-carrying vehicle for use by the Mayor Industries Establishment Act, approved October and three passenger-carrying vehicles for use by from local funds; for the Office of Banking and Financial Institutions, $600,000 (including 3, 1964 (78 Stat. 1000; Public Law 88–622), the Council of the District of Columbia and leas- $3,332,000 from other funds. ing of passenger-carrying vehicles, $241,934,000 $100,000 from local funds and $500,000 from WASHINGTON CONVENTION CENTER ENTERPRISE (including $227,983,000 from local funds, other funds); for the Department of Insurance FUND $3,350,000 from Federal funds, and $10,601,000 and Securities Regulation, $5,683,000 from other from other funds): Provided, That this appro- funds). For the Washington Convention Center Enter- priation shall not be available for collecting WATER AND SEWER AUTHORITY AND THE prise Fund, $46,400,000, of which $5,400,000 shall ashes or miscellaneous refuse from hotels and WASHINGTON AQUEDUCT be derived by transfer from the general fund. places of business: Provided further, That For the Water and Sewer Authority and the DISTRICT OF COLUMBIA FINANCIAL RESPONSIBIL- $3,000,000 shall be available for the lease financ- Washington Aqueduct, $297,310,000 from other ITY AND MANAGEMENT ASSISTANCE AUTHORITY ing, operation, and maintenance of two me- funds (including $263,425,000 for the Water and For the District of Columbia Financial Re- chanical street sweepers, one flusher truck, five Sewer Authority and $33,885,000 for the Wash- sponsibility and Management Assistance Au- packer trucks, one front-end loader, and various ington Aqueduct) of which $41,423,000 shall be thority, established by section 101(a) of the Dis- public litter containers: Provided further, That apportioned and payable to the District’s debt trict of Columbia Financial Responsibility and H10684 CONGRESSIONAL RECORD — HOUSE November 12, 1997

Management Assistance Act of 1995, approved scribed in the Federal Property Management SEC. 115. The Mayor shall not expend any April 17, 1995 (109 Stat. 97; Public Law 104–8), Regulations 101–7 (Federal Travel Regulations). moneys borrowed for capital projects for the op- $3,220,000. SEC. 105. Appropriations in this Act shall be erating expenses of the District of Columbia gov- CAPITAL OUTLAY available for expenses of travel and for the pay- ernment. ment of dues of organizations concerned with For construction projects, $269,330,000 (includ- SEC. 116. None of the funds appropriated by the work of the District of Columbia govern- ing $31,100,000 for the highway trust fund, this Act may be obligated or expended by re- ment, when authorized by the Mayor: Provided, $105,485,000 from local funds, and $132,745,000 in programming except pursuant to advance ap- That the Council of the District of Columbia Federal funds), to remain available until ex- proval of the reprogramming granted according and the District of Columbia Courts may expend pended: Provided, That funds for use of each to the procedure set forth in the Joint Explana- such funds without authorization by the Mayor. capital project implementing agency shall be tory Statement of the Committee of Conference SEC. 106. There are appropriated from the ap- (House Report No. 96–443), which accompanied managed and controlled in accordance with all plicable funds of the District of Columbia such procedures and limitations established under the the District of Columbia Appropriation Act, sums as may be necessary for making refunds 1980, approved October 30, 1979 (93 Stat. 713; Financial Management System: Provided fur- and for the payment of judgments that have ther, That all funds provided by this appropria- Public Law 96–93), as modified in House Report been entered against the District of Columbia No. 98–265, and in accordance with the Re- tion title shall be available only for the specific government: Provided, That nothing contained projects and purposes intended: Provided fur- programming Policy Act of 1980, effective Sep- in this section shall be construed as modifying tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. ther, That notwithstanding the foregoing, all or affecting the provisions of section 11(c)(3) of authorizations for capital outlay projects, ex- 47–361 et seq.): Provided, That for the fiscal year title XII of the District of Columbia Income and ending September 30, 1998 the above shall apply cept those projects covered by the first sentence Franchise Tax Act of 1947, approved March 31, of section 23(a) of the Federal-Aid Highway Act except as modified by Public Law 104–8. 1956 (70 Stat. 78; Public Law 84–460; D.C. Code, SEC. 117. None of the Federal funds provided of 1968, approved August 23, 1968 (82 Stat. 827; sec. 47–1812.11(c)(3)). Public Law 90–495; D.C. Code, sec. 7–134, note), in this Act shall be obligated or expended to pro- SEC. 107. Appropriations in this Act shall be vide a personal cook, chauffeur, or other per- for which funds are provided by this appropria- available for the payment of public assistance tion title, shall expire on September 30, 1999, ex- sonal servants to any officer or employee of the without reference to the requirement of section District of Columbia. cept authorizations for projects as to which 544 of the District of Columbia Public Assistance funds have been obligated in whole or in part SEC. 118. None of the Federal funds provided Act of 1982, effective April 6, 1982 (D.C. Law 4– in this Act shall be obligated or expended to pro- prior to September 30, 1999: Provided further, 101; D.C. Code, sec. 3–205.44), and for the non- That, upon expiration of any such project au- cure passenger automobiles as defined in the Federal share of funds necessary to qualify for Automobile Fuel Efficiency Act of 1980, ap- thorization, the funds provided herein for the Federal assistance under the Juvenile Delin- project shall lapse. proved October 10, 1980 (94 Stat. 1824; Public quency Prevention and Control Act of 1968, ap- Law 96–425; 15 U.S.C. 2001(2)), with an Environ- DEFICIT REDUCTION AND REVITALIZATION proved July 31, 1968 (82 Stat. 462; Public Law mental Protection Agency estimated miles per For deficit reduction and revitalization, 90–445; 42 U.S.C. 3801 et seq.). gallon average of less than 22 miles per gallon: $201,090,000, to be deposited into an escrow ac- SEC. 108. No part of any appropriation con- Provided, That this section shall not apply to count held by the District of Columbia Finan- tained in this Act shall remain available for ob- security, emergency rescue, or armored vehicles. ligation beyond the current fiscal year unless cial Responsibility and Management Assistance SEC. 119. (a) Notwithstanding section 422(7) of expressly so provided herein. Authority (hereafter in this section referred to the District of Columbia Home Rule Act of 1973, SEC. 109. No funds appropriated in this Act as ‘‘Authority’’), which shall allocate the funds approved December 24, 1973 (87 Stat. 790; Public for the District of Columbia government for the to the Mayor, or such other District official as Law 93–198; D.C. Code, sec. 1–242(7)), the City operation of educational institutions, the com- the Authority may deem appropriate, at such Administrator shall be paid, during any fiscal pensation of personnel, or for other educational intervals and in accordance with such terms year, a salary at a rate established by the purposes may be used to permit, encourage, fa- and conditions as the Authority considers ap- Mayor, not to exceed the rate established for cilitate, or further partisan political activities. propriate: Provided, That these funds shall only Level IV of the Executive Schedule under 5 Nothing herein is intended to prohibit the avail- be used for reduction of the accumulated gen- U.S.C. 5315. ability of school buildings for the use of any eral fund deficit; capital expenditures, including (b) For purposes of applying any provision of community or partisan political group during debt service; and management and productivity law limiting the availability of funds for pay- non-school hours. improvements, as allocated by the Authority: ment of salary or pay in any fiscal year, the Provided further, That no funds may be obli- SEC. 110. None of the funds appropriated in this Act shall be made available to pay the sal- highest rate of pay established by the Mayor gated until a plan for their use is approved by under subsection (a) of this section for any posi- the Authority: Provided further, That the Au- ary of any employee of the District of Columbia government whose name, title, grade, salary, tion for any period during the last quarter of thority shall inform the Committees on Appro- calendar year 1997 shall be deemed to be the rate priations of the Senate and House of Represent- past work experience, and salary history are not available for inspection by the House and Sen- of pay payable for that position for September atives, the Committee on Governmental Affairs 30, 1997. of the Senate, and the Committee on Govern- ate Committees on Appropriations, the Sub- committee on the District of Columbia of the (c) Notwithstanding section 4(a) of the Dis- ment Reform and Oversight of the House of Rep- trict of Columbia Redevelopment Act of 1945, ap- resentatives of the approved plans. House Committee on Government Reform and Oversight, the Subcommittee on Oversight of proved August 2, 1946 (60 Stat. 793; Public Law GENERAL PROVISIONS Government Management, Restructuring and 79–592; D.C. Code, sec. 5–803(a)), the Board of SECTION 101. The expenditure of any appro- the District of Columbia of the Senate Commit- Directors of the District of Columbia Redevelop- priation under this Act for any consulting serv- tee on Governmental Affairs, and the Council of ment Land Agency shall be paid, during any fis- ice through procurement contract, pursuant to 5 the District of Columbia, or their duly author- cal year, per diem compensation at a rate estab- U.S.C. 3109, shall be limited to those contracts ized representative. lished by the Mayor. where such expenditures are a matter of public SEC. 111. There are appropriated from the ap- SEC. 120. Notwithstanding any other provi- record and available for public inspection, ex- plicable funds of the District of Columbia such sions of law, the provisions of the District of Co- cept where otherwise provided under existing sums as may be necessary for making payments lumbia Government Comprehensive Merit Per- law, or under existing Executive order issued authorized by the District of Columbia Revenue sonnel Act of 1978, effective March 3, 1979 (D.C. pursuant to existing law. Recovery Act of 1977, effective September 23, Law 2–139; D.C. Code, sec. 1–601.1 et seq.), en- SEC. 102. Except as otherwise provided in this 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et acted pursuant to section 422(3) of the District Act, all vouchers covering expenditures of ap- seq.). of Columbia Home Rule Act of 1973, approved propriations contained in this Act shall be au- SEC. 112. No part of this appropriation shall December 24, 1973 (87 Stat. 790; Public Law 93– dited before payment by the designated certify- be used for publicity or propaganda purposes or 198; D.C. Code, sec. 1–242(3)), shall apply with ing official and the vouchers as approved shall implementation of any policy including boycott respect to the compensation of District of Co- be paid by checks issued by the designated dis- designed to support or defeat legislation pending lumbia employees: Provided, That for pay pur- bursing official. before Congress or any State legislature. poses, employees of the District of Columbia gov- SEC. 103. Whenever in this Act an amount is SEC. 113. At the start of the fiscal year, the ernment shall not be subject to the provisions of specified within an appropriation for particular Mayor shall develop an annual plan, by quarter title 5, United States Code. purposes or objects of expenditure, such and by project, for capital outlay borrowings: SEC. 121. The Director of the Department of amount, unless otherwise specified, shall be con- Provided, That within a reasonable time after Administrative Services may pay rentals and re- sidered as the maximum amount that may be ex- the close of each quarter, the Mayor shall report pair, alter, and improve rented premises, with- pended for said purpose or object rather than an to the Council of the District of Columbia and out regard to the provisions of section 322 of the amount set apart exclusively therefor. the Congress the actual borrowings and spend- Economy Act of 1932 (Public Law 72–212; 40 SEC. 104. Appropriations in this Act shall be ing progress compared with projections. U.S.C. 278a), based upon a determination by the available, when authorized by the Mayor, for SEC. 114. The Mayor shall not borrow any Director that, by reason of circumstances set allowances for privately-owned automobiles and funds for capital projects unless the Mayor has forth in such determination, the payment of motorcycles used for the performance of official obtained prior approval from the Council of the these rents and the execution of this work, with- duties at rates established by the Mayor: Pro- District of Columbia, by resolution, identifying out reference to the limitations of section 322, is vided, That such rates shall not exceed the max- the projects and amounts to be financed with advantageous to the District in terms of econ- imum prevailing rates for such vehicles as pre- such borrowings. omy, efficiency, and the District’s best interest. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10685

SEC. 122. No later than 30 days after the end public schools without prior approval by the (4) in subsection (c)(1), by— of the first quarter of the fiscal year ending Sep- Mayor. (A) striking ‘‘1995’’ and inserting ‘‘1997’’; tember 30, 1998, the Mayor of the District of Co- SEC. 127. None of the Federal funds provided (B) striking ‘‘Mayor’’ and inserting ‘‘Chief Fi- lumbia shall submit to the Council of the Dis- in this Act may be used by the District of Co- nancial Officer’’; and trict of Columbia the new fiscal year 1998 reve- lumbia to provide for salaries, expenses, or other (C) striking ‘‘Committee on the District of Co- nue estimates as of the end of the first quarter costs associated with the offices of United States lumbia’’ and inserting ‘‘Committee on Govern- of fiscal year 1998. These estimates shall be used Senator or United States Representative under ment Reform and Oversight’’; in the budget request for the fiscal year ending section 4(d) of the District of Columbia State- (5) in subsection (c)(2)(A), by— September 30, 1999. The officially revised esti- hood Constitutional Convention Initiatives of (A) striking ‘‘1997’’ and inserting ‘‘1999’’; (B) striking ‘‘Mayor’’ and inserting ‘‘Chief Fi- mates at midyear shall be used for the midyear 1979, effective March 10, 1981 (D.C. Law 3–171; nancial Officer’’; and D.C. Code, sec. 1–113(d)). report. (C) striking ‘‘Committee on the District of Co- SEC. 123. No sole source contract with the Dis- SEC. 128. The University of the District of Co- lumbia’’ and inserting ‘‘Committee on Govern- trict of Columbia government or any agency lumbia shall submit to the Congress, the Mayor, ment Reform and Oversight’’; thereof may be renewed or extended without the District of Columbia Financial Responsibil- (6) in subsection (c)(2)(B), by striking ‘‘Com- opening that contract to the competitive bidding ity and Management Assistance Authority, and mittee on the District of Columbia’’ and insert- process as set forth in section 303 of the District the Council of the District of Columbia no later ing ‘‘Committee on Government Reform and of Columbia Procurement Practices Act of 1985, than fifteen (15) calendar days after the end of Oversight’’; and effective February 21, 1986 (D.C. Law 6–85; D.C. each month a report that sets forth— (7) in subsection (d)(1), by— Code, sec. 1–1183.3), except that the District of (1) current month expenditures and obliga- (A) striking ‘‘1994’’ and inserting ‘‘1997’’; Columbia government or any agency thereof tions, year-to-date expenditures and obligations, (B) striking ‘‘Mayor’’ and inserting ‘‘Chief Fi- may renew or extend sole source contracts for and total fiscal year expenditure projections nancial Officer’’; and which competition is not feasible or practical: versus budget broken out on the basis of control (C) striking ‘‘Committee on the District of Co- Provided, That the determination as to whether center, responsibility center, and object class, lumbia’’ and inserting ‘‘Committee on Govern- to invoke the competitive bidding process has and for all funds, non-appropriated funds, and ment Reform and Oversight’’. been made in accordance with duly promulgated capital financing; SEC. 131. For purposes of the appointment of rules and procedures and said determination (2) a list of each account for which spending the head of a department of the government of has been reviewed and approved by the District is frozen and the amount of funds frozen, bro- the District of Columbia under section 11105(a) of Columbia Financial Responsibility and Man- ken out by control center, responsibility center, of the National Capital Revitalization and Self- agement Assistance Authority. detailed object, and for all funding sources; Improvement Act of 1997, Public Law 105–33, the SEC. 124. For purposes of the Balanced Budget (3) a list of all active contracts in excess of following rules shall apply: and Emergency Deficit Control Act of 1985, ap- $10,000 annually, which contains the name of (1) After the Mayor notifies the Council under proved December 12, 1985 (99 Stat. 1037; Public each contractor; the budget to which the con- paragraph (1)(A)(ii) of such section of the nomi- Law 99–177), as amended, the term ‘‘program, tract is charged broken out on the basis of con- nation of an individual for appointment, the project, and activity’’ shall be synonymous with trol center and responsibility center, and con- Council shall meet to determine whether to con- and refer specifically to each account appro- tract identifying codes used by the University of firm or reject the nomination. priating Federal funds in this Act, and any se- the District of Columbia; payments made in the (2) If the Council fails to confirm or reject the questration order shall be applied to each of the last month and year-to-date, the total amount nomination during the 7-day period described in accounts rather than to the aggregate total of of the contract and total payments made for the paragraph (1)(A)(iii) of such section, the Coun- those accounts: Provided, That sequestration or- contract and any modifications, extensions, re- cil shall be deemed to have confirmed the nomi- ders shall not be applied to any account that is newals; and specific modifications made to each nation. specifically exempted from sequestration by the contract in the last month; (3) For purposes of paragraph (1)(B) of such Balanced Budget and Emergency Deficit Con- (4) all reprogramming requests and reports section, if the Council does not confirm a nomi- trol Act of 1985, approved December 12, 1985 (99 that have been made by the University of the nation (or is not deemed to have confirmed a Stat. 1037; Public Law 99–177), as amended. District of Columbia within the last month in nomination) during the 30-day period described SEC. 125. In the event a sequestration order is compliance with applicable law; and in such paragraph, the Mayor shall be deemed issued pursuant to the Balanced Budget and (5) changes made in the last month to the or- to have failed to nominate an individual during Emergency Deficit Control Act of 1985, approved ganizational structure of the University of the such period to fill the vacancy in the position of December 12, 1985 (99 Stat. 1037; Public Law 99– District of Columbia, displaying previous and the head of the department. 177), as amended, after the amounts appro- current control centers and responsibility cen- SEC. 132. None of the funds appropriated priated to the District of Columbia for the fiscal ters, the names of the organizational entities under this Act shall be expended for any abor- year involved have been paid to the District of that have been changed, the name of the staff tion except where the life of the mother would Columbia, the Mayor of the District of Columbia member supervising each entity affected, and be endangered if the fetus were carried to term shall pay to the Secretary of the Treasury, with- the reasons for the structural change. or where the pregnancy is the result of an act in 15 days after receipt of a request therefor SEC. 129. Funds authorized or appropriated to of rape or incest. from the Secretary of the Treasury, such the government of the District of Columbia by SEC. 133. None of the funds made available in amounts as are sequestered by the order: Pro- this or any other act to procure the necessary this Act may be used to implement or enforce the vided, That the sequestration percentage speci- hardware and installation of new software, con- Health Care Benefits Expansion Act of 1992 fied in the order shall be applied proportion- version, testing, and training to improve or re- (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.) ately to each of the Federal appropriation ac- place its financial management system are also or to otherwise implement or enforce any system counts in this Act that are not specifically ex- available for the acquisition of accounting and of registration of unmarried, cohabiting couples empted from sequestration by the Balanced financial management services and the leasing (whether homosexual, heterosexual, or lesbian), Budget and Emergency Deficit Control Act of of necessary hardware, software or any other including but not limited to registration for the 1985, approved December 12, 1985 (99 Stat. 1037; related goods or services, as determined by the purpose of extending employment, health, or Public Law 99–177), as amended. District of Columbia Financial Responsibility governmental benefits to such couples on the SEC. 126. (a) An entity of the District of Co- and Management Assistance Authority. same basis as such benefits are extended to le- lumbia government may accept and use a gift or SEC. 130. Section 456 of the District of Colum- gally married couples. donation during fiscal year 1998 if— bia Home Rule Act of 1973, approved December SEC. 134. The Emergency Transitional Edu- (1) the Mayor approves the acceptance and 24, 1973 (87 Stat. 790; Public Law 93–198; D.C. cation Board of Trustees shall submit to the use of the gift or donation: Provided, That the Code, secs. 47–231 et seq.) is amended— Congress, the Mayor, the District of Columbia Council of the District of Columbia may accept (1) in subsection (a)(1), by— Financial Responsibility and Management As- and use gifts without prior approval by the (A) striking ‘‘1995’’ and inserting ‘‘1998’’; sistance Authority, and the Council of the Dis- Mayor; and (B) striking ‘‘Mayor’’ and inserting ‘‘District trict of Columbia no later than fifteen (15) cal- (2) the entity uses the gift or donation to of Columbia Financial Responsibility and Man- endar days after the end of each month a report carry out its authorized functions or duties. agement Assistance Authority’’; and that sets forth— (b) Each entity of the District of Columbia (C) striking ‘‘Committee on the District of Co- (1) current month expenditures and obliga- government shall keep accurate and detailed lumbia’’ and inserting ‘‘Committee on Govern- tions, year-to-date expenditures and obligations, records of the acceptance and use of any gift or ment Reform and Oversight’’; and total fiscal year expenditure projections donation under subsection (a) of this section, (2) in subsection (b)(1), by— versus budget broken out on the basis of control and shall make such records available for audit (A) striking ‘‘1997’’ and inserting ‘‘1999’’; center, responsibility center, agency reporting and public inspection. (B) striking ‘‘Mayor’’ and inserting ‘‘Author- code, and object class, and for all funds, includ- (c) For the purposes of this section, the term ity’’; and ing capital financing; ‘‘entity of the District of Columbia government’’ (C) striking ‘‘Committee on the District of Co- (2) a list of each account for which spending includes an independent agency of the District lumbia’’ and inserting ‘‘Committee on Govern- is frozen and the amount of funds frozen, bro- of Columbia. ment Reform and Oversight’’; ken out by control center, responsibility center, (d) This section shall not apply to the District (3) in subsection (b)(3), by striking ‘‘Commit- detailed object, and agency reporting code, and of Columbia Board of Education, which may, tee on the District of Columbia’’ and inserting for all funding sources; pursuant to the laws and regulations of the Dis- ‘‘Committee on Government Reform and Over- (3) a list of all active contracts in excess of trict of Columbia, accept and use gifts to the sight’’; $10,000 annually, which contains the name of H10686 CONGRESSIONAL RECORD — HOUSE November 12, 1997

each contractor; the budget to which the con- Board of Library Trustees, and the Board of (3) PROHIBITION ON SPENDING IN ANTICIPATION tract is charged broken out on the basis of con- Governors of the University of the District of OF APPROVAL OR RECEIPT.—No amount may be trol center, responsibility center, and agency re- Columbia School of Law shall vote on and ap- obligated or expended from the general fund or porting code; and contract identifying codes prove their respective annual or revised budgets other funds of the District government in antici- used by the D.C. Public Schools; payments made before submission to the Mayor of the District of pation of the approval or receipt of a grant in the last month and year-to-date, the total Columbia for inclusion in the Mayor’s budget under paragraph (2)(B) or in anticipation of the amount of the contract and total payments submission to the Council of the District of Co- approval or receipt of a Federal, private, or made for the contract and any modifications, lumbia in accordance with section 442 of the other grant not subject to such paragraph. extensions, renewals; and specific modifications District of Columbia Home Rule Act, Public Law (4) MONTHLY REPORTS.—The Chief Financial made to each contract in the last month; 93–198, as amended (D.C. Code, sec. 47–301), or Officer of the District of Columbia shall prepare (4) all reprogramming requests and reports before submitting their respective budgets di- a monthly report setting forth detailed informa- that are required to be, and have been, submit- rectly to the Council. tion regarding all Federal, private, and other ted to the Board of Education; and SEC. 138. (a) CEILING ON TOTAL OPERATING grants subject to this subsection. Each such re- (5) changes made in the last month to the or- EXPENSES.— port shall be submitted to the Council of the ganizational structure of the D.C. Public (1) IN GENERAL.—Notwithstanding any other District of Columbia, and to the Committees on Schools, displaying previous and current control provision of law, the total amount appropriated Appropriations of the House of Representatives centers and responsibility centers, the names of in this Act for operating expenses for the Dis- and the Senate, not later than 15 days after the the organizational entities that have been trict of Columbia for fiscal year 1998 under the end of the month covered by the report. changed, the name of the staff member super- caption ‘‘Division of Expenses’’ shall not exceed SEC. 139. The District of Columbia Emergency vising each entity affected, and the reasons for the lesser of— Transitional Education Board of Trustees shall, the structural change. (A) the sum of the total revenues of the Dis- subject to the contract approval provisions of SEC. 135. (a) IN GENERAL.—The Emergency trict of Columbia for such fiscal year; or Public Law 104–8— Transitional Education Board of Trustees of the (B) $4,811,906,000 (of which $118,269,000 shall (A) develop a comprehensive plan to identify District of Columbia and the University of the be from intra-District funds), which amount and accomplish energy conservation measures to District of Columbia shall annually compile an may be increased by the following: achieve maximum cost-effective energy and accurate and verifiable report on the positions (i) proceeds of one-time transactions, which water savings; and employees in the public school system and are expended for emergency or unanticipated (B) enter into innovative financing and con- the university, respectively. The annual report operating or capital needs approved by the Dis- tractual mechanisms including, but not limited shall set forth— trict of Columbia Financial Responsibility and to, utility demand-side management programs (1) the number of validated schedule A posi- Management Assistance Authority; and and energy savings performance contracts and tions in the District of Columbia Public Schools (ii) additional expenditures which the Chief water conservation performance contracts: Pro- and the University of the District of Columbia Financial Officer of the District of Columbia vided, That the terms of such contracts do not for fiscal year 1997, fiscal year 1998, and there- certifies will produce additional revenues during exceed twenty-five years; and after on a full-time equivalent basis, including a such fiscal year at least equal to 200 percent of (C) permit and encourage each department or compilation of all positions by control center, re- such additional expenditures, and which are ap- agency and other instrumentality of the District sponsibility center, funding source, position proved by the District of Columbia Financial of Columbia to participate in programs con- type, position title, pay plan, grade, and annual Responsibility and Management Assistance Au- ducted by any gas, electric or water utility of salary; and thority. the management of electricity or gas demand or (2) a compilation of all employees in the Dis- (C) to the extent that the sum of the total rev- for energy or water conservation. trict of Columbia Public Schools and the Univer- enues of the District of Columbia for such fiscal sity of the District of Columbia as of the preced- year exceed the total amount provided for in SEC. 140. If a department or agency of the ing December 31, verified as to its accuracy in subsection (B) above, the Chief Financial Offi- government of the District of Columbia is under accordance with the functions that each em- cer of the District of Columbia, with the ap- the administration of a court-appointed receiver ployee actually performs, by control center, re- proval of the District of Columbia Financial Re- or other court-appointed official during fiscal sponsibility center, agency reporting code, pro- sponsibility and Management Assistance Au- year 1998 or any succeeding fiscal year, the re- gram (including funding source), activity, loca- thority, may credit up to ten percent (10%) of ceiver or official shall prepare and submit to the tion for accounting purposes, job title, grade the amount of such difference, not to exceed Mayor, for inclusion in the annual budget of and classification, annual salary, and position $3,300,000, to a reserve fund which may be ex- the District of Columbia for the year, annual es- control number. pended for operating purposes in future fiscal timates of the expenditures and appropriations (b) SUBMISSION.—The annual report required years, in accordance with the financial plans necessary for the maintenance and operation of by subsection (a) of this section shall be submit- and budgets for such years. the department or agency. All such estimates ted to the Congress, the Mayor, the District of (2) ENFORCEMENT.—The Chief Financial Offi- shall be forwarded by the Mayor to the Council, Columbia Council, the Consensus Commission, cer of the District of Columbia and the District for its action pursuant to sections 446 and 603(c) and the Authority, not later than February 15 of Columbia Financial Responsibility and Man- of the District of Columbia Home Rule Act, of each year. agement Assistance Authority (hereafter in this without revision but subject to the Mayor’s rec- SEC. 136. (a) No later than October 1, 1997, or section referred to as ‘‘Authority’’) shall take ommendations. Notwithstanding any provision within 15 calendar days after the date of the en- such steps as are necessary to assure that the of the District of Columbia Home Rule Act, the actment of the District of Columbia Appropria- District of Columbia meets the requirements of Council may comment or make recommendations tions Act, 1998, whichever occurs later, and each this section, including the apportioning by the concerning such annual estimates but shall succeeding year, the Emergency Transitional Chief Financial Officer of the appropriations have no authority under such Act to revise such Education Board of Trustees and the University and funds made available to the District during estimates. of the District of Columbia shall submit to the fiscal year 1998. SEC. 141. In addition to amounts appropriated appropriate congressional committees, the (b) ACCEPTANCE AND USE OF GRANTS NOT IN- or otherwise made available, $5,000,000 is hereby Mayor, the District of Columbia Council, the CLUDED IN CEILING.— appropriated to the National Park Service and Consensus Commission, and the District of Co- (1) IN GENERAL.—Notwithstanding subsection shall be available only for the United States lumbia Financial Responsibility and Manage- (a), the Mayor in consultation with the Chief Park Police operations in the District of Colum- ment Assistance Authority, a revised appro- Financial Officer of the District of Columbia bia. priated funds operating budget for the public during a control year, as defined in section SEC. 142. The District government shall main- school system and the University of the District 305(4) of Public Law 104–8, as amended, 109 tain for fiscal year 1998 the same funding levels of Columbia for such fiscal year that is in the Stat. 152, may accept, obligate, and expend Fed- as provided in fiscal year 1997 for homeless serv- total amount of the approved appropriation and eral, private, and other grants received by the ices in the District of Columbia. that realigns budgeted data for personal services District government that are not reflected in the SEC. 143. The District of Columbia Financial and other-than-personal services, respectively, amounts appropriated in this Act. Responsibility and Management Assistance Au- with anticipated actual expenditures. (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER thority and the Chief Executive Officer of the (b) The revised budget required by subsection REPORT AND FINANCIAL RESPONSIBILITY AND District of Columbia public schools are hereby (a) of this section shall be submitted in the for- MANAGEMENT ASSISTANCE AUTHORITY AP- directed to report to the Appropriations Commit- mat of the budget that the Emergency Transi- PROVAL.—No such Federal, private, or other tees of the Senate and the House of Representa- tional Education Board of Trustees and the grant may be accepted, obligated, or expended tives, the Senate Committee on Governmental University of the District of Columbia submit to pursuant to paragraph (1) until— Affairs and the Committee on Government Re- the Mayor of the District of Columbia for inclu- (A) the Chief Financial Officer of the District form and Oversight of the House of Representa- sion in the Mayor’s budget submission to the submits to the Authority a report setting forth tives not later than April 1, 1998, on all meas- Council of the District of Columbia pursuant to detailed information regarding such grant; and ures necessary and steps to be taken to ensure section 442 of the District of Columbia Home (B) the Authority has reviewed and approved that the District’s public schools open on time to Rule Act, Public Law 93–198, as amended (D.C. the acceptance, obligation, and expenditure of begin the 1998–99 academic year. Code, sec. 47–301). such grant in accordance with review and ap- SEC. 144. There are appropriated from applica- SEC. 137. The Emergency Transitional Edu- proval procedures consistent with the provisions ble funds of the District of Columbia such sums cation Board of Trustees, the Board of Trustees of the District of Columbia Financial Respon- as may be necessary to hire 12 additional inspec- of the University of the District of Columbia, the sibility and Management Assistance Act of 1995. tors for the Alcoholic Beverage Commission. Of November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10687 the additional inspectors, 6 shall focus their re- capital is and remains the shining city on the employee of the District government who pro- sponsibilities on the enforcement of laws relat- hill. vides services which are within the authority ing to the sale of alcohol to minors. (3) PURPOSE.—The purposes of this section are and jurisdiction of the entity (including any SEC. 145. (a) Not later than 6 months after the to— portion of the compensation paid to the officer date of enactment of this Act, the General Ac- (A) designate the year 2000 as the ‘‘Year of or employee attributable to the time spent in counting Office shall conduct and submit to National Bicentennial Celebration for Washing- providing such services) shall be treated as ex- Congress a study of— ton, D.C.—the Nation’s Capital’’; and penditures made from the entity’s budget, with- (1) the District of Columbia’s alcoholic bev- (B) establish the Presidents’ Day holiday in out regard to whether the officer or employee is erage tax structure and its relation to surround- the year 2000 as a day of national celebration assigned to the entity or otherwise treated as an ing jurisdictions; for the 200th anniversary of Washington, D.C. officer or employee of the entity. (2) the effects of the District of Columbia’s (b) NATION’S CAPITAL NATIONAL BICENTEN- (c) RESTRICTING PROVIDERS FROM WHOM EM- lower excise taxes on alcoholic beverages on NIAL.— PLOYEES MAY RECEIVE DISABILITY COMPENSA- consumption of alcoholic beverages in the Dis- (1) IN GENERAL.—The year 2000 is designated TION SERVICES.— trict of Columbia; as the ‘‘Year of the National Bicentennial Cele- (1) IN GENERAL.—Section 2303(a) of the Dis- (3) ways in which the District of Columbia’s bration for Washington, D.C.—the Nation’s trict of Columbia Comprehensive Merit Person- tax structure can be revised to bring it into con- Capital’’ and the Presidents’ Day Federal holi- nel Act of 1978 (D.C. Code, sec. 1–624.3(a)) is formity with the higher levels in surrounding day in the year 2000 is designated as a day of amended by striking paragraph (3) and all that jurisdictions; and national celebration for the 200th anniversary of follows and inserting the following: (4) ways in which those increased revenues Washington, D.C. ‘‘(3) By or on the order of the District of Co- can be used to lower consumption and promote (2) SENSE OF THE SENATE.—It is the sense of lumbia government medical officers and hos- abstention from alcohol among young people. the Senate that all Federal entities should co- pitals, or by or on the order of a physician or (b) The study should consider whether— ordinate with and assist the Nation’s Capital managed care organization designated or ap- (1) alcohol is being sold in proximity to Bicentennial Celebration, a nonprofit 501(c)(3) proved by the Mayor.’’. schools and other areas where children are like- entity, organized and operating pursuant to the ly to be; and (2) SERVICES FURNISHED.—Section 2303 of such laws of the District of Columbia, to ensure the (2) creation of alcohol free zones in areas fre- Act (D.C. Code, sec. 1–624.3) is amended by add- success of events and projects undertaken to quented by children would be useful in deterring ing at the end the following new subsection: renew and celebrate the bicentennial of the es- underage alcohol consumption. ‘‘(c)(1) An employee to whom services, appli- tablishment of Washington, D.C. as the Nation’s SEC ances, or supplies are furnished pursuant to . 146. Of the amounts appropriated in this capital. Act to the District of Columbia, funds may be subsection (a) shall be provided with such serv- SEC. 148. Notwithstanding section 602(c)(1) of expended to— ices, appliances, and supplies (including reason- the District of Columbia Home Rule Act (sec. 1– (1) hire 5 additional inspectors for the Depart- able transportation incident thereto) by a man- 233(c)(1), D.C. Code), General Obligation Bond ment of Consumer and Regulatory Affairs to aged care organization or other health care pro- Act of 1998 (D.C. Bill 12–371), if enacted by the focus on monitoring day care centers and home vider designated by the Mayor, in accordance Council of the District of Columbia and ap- day care operations; and with such rules, regulations, and instructions as proved by the District of Columbia Financial (2) hire 5 additional Department of Human the Mayor considers appropriate. Responsibility and Management Assistance Au- Services monitors to focus on selecting quality ‘‘(2) Any expenses incurred as a result of fur- thority, shall take effect on the date of such ap- day care centers eligible for public financing nishing services, appliances, or supplies which proval or the date of the enactment of this Act, and monitoring safety standards at such cen- are authorized by the Mayor under paragraph whichever is later. ters. (1) shall be paid from the Employees’ Compensa- SEC. 149. (a) Notwithstanding any other provi- (b) Nothing in this section shall be deemed to tion Fund. sion of law, rule, or regulation, an employee of supersede or otherwise preempt the development ‘‘(3) Any medical service provided pursuant to the District of Columbia Public Schools shall and implementation of the management reform this subsection shall be subject to utilization re- be— plan for the Department of Consumer and Regu- view under section 2323.’’. (1) classified as an Educational Service em- latory Affairs and the Department of Human (3) REPEAL PENALTY FOR DELAYED PAYMENT ployee; Services as authorized in the District of Colum- OF COMPENSATION.—Section 2324 of such Act (2) placed under the personnel authority of bia Management Reform Act of 1997 (Subtitle B, (D.C. Code, sec. 1–624.24) is amended by striking the Board of Education; and Title XI, Public Law 105–33). subsection (c). (3) subject to all Board of Education rules. SEC. 147. (a) SHORT TITLE; FINDINGS; PUR- (4) DEFINITIONS.—Section 2301 of such Act POSE.— (b) School-based personnel shall constitute a (D.C. Code, sec. 1–624.1) is amended— separate competitive area from nonschool-based (1) SHORT TITLE.—This section may be cited as (A) in the first sentence of subsection (c), by personnel who shall not compete with school- the ‘‘Nation’s Capital Bicentennial Designation inserting ‘‘and as designated by the Mayor to based personnel for retention purposes. Act’’. provide services to injured employees’’ after SEC. 150. (a) RESTRICTIONS ON USE OF OFFI- (2) FINDINGS.—The Senate finds that— ‘‘State law’’; and (A) the year 2000 will mark the 200th anniver- CIAL VEHICLES.—(1) None of the funds made (B) by adding at the end the following new sary of Washington, D.C. as the Nation’s per- available by this Act or by any other Act may subsection: manent capital, commencing when the Govern- be used to provide any officer or employee of the ment moved from Philadelphia to the Federal District of Columbia with an official vehicle un- ‘‘(r)(1) The term ‘managed care organization’ City; less the officer or employee uses the vehicle only means an organization of physicians and allied (B) the framers of the Constitution provided in the performance of the officer’s or employee’s health professionals organized to and capable of for the establishment of a special district to official duties. For purposes of this paragraph, providing systematic and comprehensive medical serve as ‘‘the seat of Government of the United the term ‘‘official duties’’ does not include trav- care and treatment of injured employees which States’’; el between the officer’s or employee’s residence is designated by the Mayor to provide such care (C) the site for the city was selected under the and workplace (except in the case of a police of- and treatment under this title. direction of President George Washington, with ficer who resides in the District of Columbia). ‘‘(2) The term ‘allied health professional’ construction initiated in 1791; (2) The Chief Financial Officer of the District means a medical care provider (including a (D) in submitting his design to Congress, of Columbia shall submit, by December 15, 1997, nurse, physical therapist, laboratory technician, Major Pierre Charles L’Enfant included numer- an inventory, as of September 30, 1997, of all ve- X-ray technician, social worker, or other pro- ous parks, fountains, and sweeping avenues de- hicles owned, leased or operated by the District vider who provides such care within the scope of signed to reflect a vision as grand and as ambi- of Columbia government. The inventory shall practice under applicable law) who is employed tious as the American experience itself; include, but not be limited to, the department to by or affiliated with a managed care organiza- (E) the capital city was named after President which the vehicle is assigned; the year and tion.’’. George Washington to commemorate and cele- make of the vehicle; the acquisition date and (5) EFFECTIVE DATE.—The amendments made brate his triumph in building the Nation; cost; the general condition of the vehicle; an- by this subsection shall apply with respect to (F) as the seat of Government of the United nual operating and maintenance costs; current services, supplies, or appliances furnished under States for almost 200 years, the Nation’s capital mileage; and whether the vehicle is allowed to title XXIII of the District of Columbia Merit has been a center of American culture and a be taken home by a District officer or employee Personnel Act of 1978 on or after the date of the world symbol of freedom and democracy; and if so, the officer or employee’s title and resi- enactment of this Act. (G) from Washington, D.C., President Abra- dent location. (d) MODIFICATION OF REDUCTION IN FORCE ham Lincoln labored to preserve the Union and (b) SOURCE OF PAYMENT FOR EMPLOYEES DE- PROCEDURES.—The District of Columbia Govern- the Reverend Martin Luther King, Jr. led an TAILED WITHIN GOVERNMENT.—For purposes of ment Comprehensive Merit Personnel Act of 1978 historic march that energized the civil rights determining the amount of funds expended by (D.C. Code, sec. 1–601.1 et seq.), as amended by movement, reminding America of its promise of any entity within the District of Columbia gov- section 140(b) of the District of Columbia Appro- liberty and justice for all; and ernment during fiscal year 1998 and each suc- priations Act, 1997 (Public Law 104–194), is (H) the Government of the United States must ceeding fiscal year, any expenditures of the Dis- amended by adding at the end the following continually work to ensure that the Nation’s trict government attributable to any officer or new section: H10688 CONGRESSIONAL RECORD — HOUSE November 12, 1997

‘‘(b) Prior to February 1, 1998, each personnel (1) PURCHASE OF AMERICAN-MADE EQUIPMENT together with a brief description of the uses and authority (other than a personnel authority of AND PRODUCTS.—In the case of any equipment purposes of such number. an agency which is subject to a management re- or product that may be authorized to be pur- (2) QUARTERLY REPORTS ON USE OF NUMBER.— form plan under subtitle B of title XI of the Bal- chased with financial assistance provided using Not later than 10 days after the end of such cal- anced Budget Act of 1997) shall make a final de- funds made available in this Act, it is the sense endar quarter of each fiscal year (beginning termination that a position within the personnel of the Congress that entities receiving the assist- with fiscal year 1998), the Inspector General of authority is to be abolished. ance should, in expending the assistance, pur- the District of Columbia shall submit a report to ‘‘(c) Notwithstanding any rights or procedures chase only American-made equipment and prod- Congress on the number and nature of the calls established by any other provision of this title, ucts to the greatest extent practicable. received through the telephone number de- any District government employee, regardless of (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In scribed in paragraph (1) during the quarter and date of hire, who encumbers a position identi- providing financial assistance using funds made on the waste, fraud, and abuse detected as a re- fied for abolishment shall be separated without available in this Act, the head of each agency of sult of such calls. competition or assignment rights, except as pro- the Federal or District of Columbia government vided in this section. shall provide to each recipient of the assistance SEC. 156. (a) IN GENERAL.—Notwithstanding ‘‘(d) An employee affected by the abolishment a notice describing the statement made in para- any other provision of law (including any law of a position pursuant to this section who, but graph (1) by the Congress. or regulation providing for collective bargaining for this section would be entitled to compete for (c) PROHIBITION OF CONTRACTS WITH PERSONS or the enforcement of any collective bargaining retention, shall be entitled to one round of lat- FALSELY LABELING PRODUCTS AS MADE IN agreement) or collective bargaining agreement, eral competition pursuant to Chapter 24 of the AMERICA.—If it has been finally determined by any payment made by the District of Columbia District of Columbia Personnel Manual, which a court or Federal agency that any person in- after the expiration of the 45-day period which shall be limited to positions in the employee’s tentionally affixed a label bearing a ‘‘Made in begins on the date of the enactment of this Act competitive level. America’’ inscription, or any inscription with to any person shall be made by— ‘‘(e) Each employee selected for separation the same meaning, to any product sold in or (1) direct deposit through electronic funds pursuant to this section shall be given written shipped to the United States that is not made in transfer to a checking, savings, or other account notice of at least 30 days before the effective the United States, the person shall be ineligible designated by the person; or date of his or her separation. to receive any contract or subcontract made ‘‘(f) Neither the establishment of a competitive with funds made available in this Act, pursuant (2) a check delivered through the United area smaller than an agency, nor the determina- to the debarment, suspension, and ineligibility States Postal Service to the person’s place of res- tion that a specific position is to be abolished, procedures described in sections 9.400 through idence or business. nor separation pursuant to this section shall be 9.409 of title 48, Code of Federal Regulations. (b) REGULATIONS.—The Chief Financial Offi- subject to review except that— SEC. 152. (a) CAP ON STIPENDS OF RETIREMENT cer of the District of Columbia is authorized to ‘‘(1) an employee may file a complaint contest- BOARD MEMBERS.—Section 121(c)(1) of the Dis- issue rules to carry out this section. ing a determination or a separation pursuant to trict of Columbia Retirement Reform Act (D.C. title XV of this Act or section 303 of the Human Code, sec. 1–711(c)(1)) is amended by striking the SEC. 157. (a) DEPOSIT OF ANNUAL FEDERAL Rights Act of 1977 (D.C. Code, sec. 1–2543); and period at the end and inserting the following: ‘‘, CONTRIBUTION WITH AUTHORITY.— ‘‘(2) an employee may file with the Office of and the total amount to which a member may be (1) IN GENERAL.—The District of Columbia Fi- Employee Appeals an appeal contesting that the entitled under this subsection during a year (be- nancial Responsibility and Management Assist- separation procedures of subsections (d) and (f) ginning with 1998) may not exceed $5,000.’’. ance Act of 1995, as amended by section were not properly applied. (b) RESUMPTION OF CERTAIN TERMINATED AN- 11601(b)(2) of the Balanced Budget Act of 1997, ‘‘(g) An employee separated pursuant to this NUITIES PAID TO CHILD SURVIVORS OF DISTRICT is amended by inserting after section 204 the fol- section shall be entitled to severance pay in ac- OF COLUMBIA POLICE AND FIREFIGHTERS.— lowing new section: cordance with title XI of this Act, except that (1) IN GENERAL.—Subsection (k)(5) of the Po- the following shall be included in computing licemen and Firemen’s Retirement and Disabil- ‘‘SEC. 205. DEPOSIT OF ANNUAL FEDERAL CON- TRIBUTION WITH AUTHORITY. creditable service for severance pay for employ- ity Act (D.C. Code, sec. 4–622(e)) is amended by ees separated pursuant to this section— adding at the end the following new subpara- ‘‘(a) IN GENERAL.— ‘‘(1) four years for an employee who qualified graph: ‘‘(1) DEPOSIT INTO ESCROW ACCOUNT.—In the for veterans preference under this Act, and ‘‘(D) If the annuity of a child under subpara- case of a fiscal year which is a control year, the ‘‘(2) three years for an employee who qualified graph (A) or subparagraph (B) terminates be- Secretary of the Treasury shall deposit any Fed- for residency preference under this Act. cause of marriage and such marriage ends, the eral contribution to the District of Columbia for ‘‘(h) Separation pursuant to this section shall annuity shall resume on the first day of the the year authorized under section 11601(c)(2) of not affect an employee’s rights under either the month in which it ends, but only if the individ- the Balanced Budget Act of 1997 into an escrow Agency Reemployment Priority Program or the ual is not otherwise ineligible for the annuity.’’. account held by the Authority, which shall allo- Displaced Employee Program established pursu- (2) EFFECTIVE DATE.—The amendment made cate the funds to the Mayor at such intervals ant to Chapter 24 of the District Personnel Man- by paragraph (1) shall apply with respect to any and in accordance with such terms and condi- ual. termination of marriage taking effect on or after tions as it considers appropriate to implement ‘‘(i) With respect to agencies which are not November 1, 1993, except that benefits shall be the financial plan for the year. In establishing subject to a management reform plan under sub- payable only with respect to amounts accruing such terms and conditions, the Authority shall title B of title XI of the Balanced Budget Act of for periods beginning on the first day of the give priority to using the Federal contribution 1997, the Mayor shall submit to the Council a month beginning after the later of such termi- for cash flow management and the payment of listing of all positions to be abolished by agency nation of marriage or such date of enactment. outstanding bills owed by the District govern- and responsibility center by March 1, 1998 or SEC. 153. (a) IN GENERAL.—The Council of the upon the delivery of termination notices to indi- District of Columbia shall annually review and ment. vidual employees. adjust the amount of the monthly assistance ‘‘(2) EXCEPTION FOR AMOUNTS WITHHELD FOR ‘‘(j) Notwithstanding the provisions of section payment that may be made under the Tem- ADVANCES.—Paragraph (1) shall not apply with 1708 or section 2402(d), the provisions of this Act porary Assistance for Needy Families Program respect to any portion of the Federal contribu- shall not be deemed negotiable. so that such payment is comparable with the tion which is withheld by the Secretary of the ‘‘(k) A personnel authority shall cause a 30- monthly assistance payments made under such Treasury in accordance with section 605(b)(2) of day termination notice to be served, no later program in Maryland and Virginia counties title VI of the District of Columbia Revenue Act than September 1, 1998, on any incumbent em- that are contiguous to the District of Columbia. of 1939 to reimburse the Secretary for advances ployee remaining in any position identified to be (b) EFFECTIVE DATE.—Subsection (a) shall made under title VI of such Act. abolished pursuant to subsection (b) of this sec- apply with respect to fiscal year 1998 and each ‘‘(b) EXPENDITURE OF FUNDS FROM ACCOUNT tion. succeeding fiscal year. IN ACCORDANCE WITH AUTHORITY INSTRUC- ‘‘(l) In the case of an agency which is subject SEC. 154. Effective as if included in the enact- TIONS.—Any funds allocated by the Authority to to a management reform plan under subtitle B ment of the Omnibus Consolidated Rescissions the Mayor from the escrow account described in of title XI of the Balanced Budget Act of 1997, and Appropriations Act of 1996, section 517 of paragraph (1) may be expended by the Mayor the authority provided by this section shall be such Act (110 Stat. 1321–248) is amended by only in accordance with the terms and condi- exercised to carry out the agency’s management striking ‘‘October 1, 1991’’ and inserting ‘‘the tions established by the Authority at the time reform plan, and this section shall otherwise be date of the enactment of this Act’’. the funds are allocated.’’. implemented solely in a manner consistent with SEC. 155. REQUIRING PLACEMENT OF INSPEC- such plan.’’. TOR GENERAL HOTLINE ON PERMIT AND LICENSE (2) CLERICAL AMENDMENT.—The table of con- SEC. 151. (a) COMPLIANCE WITH BUY AMER- APPLICATION FORMS.— tents for such Act is amended by inserting after ICAN ACT.—None of the funds made available in (1) IN GENERAL.—Each District of Columbia the item relating to section 204 the following this Act may be expended by an entity unless permit or license application form printed after new item: the entity agrees that in expending the funds the expiration of the 30-day period which begins the entity will comply with the Buy American on the date of the enactment of this Act shall ‘‘Sec. 205. Deposit of annual Federal con- Act (41 U.S.C. 10a–10c). include the telephone number established by the tribution with Authority.’’. (b) SENSE OF CONGRESS; REQUIREMENT RE- Inspector General of the District of Columbia for (3) EFFECTIVE DATE.—The amendments made GARDING NOTICE.— reporting instances of waste, fraud, and abuse, by this subsection shall take effect as if included November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10689 in the enactment of the Balanced Budget Act of (A) in the heading, by striking ‘‘DEPARTMENT apply to Federal payments made under section 1997. OF PARKS AND RECREATION’’ and inserting 1903(a)(1) based on an enhanced FMAP de- (b) DISHONORED CHECK COLLECTION.—The Act ‘‘PARKS AUTHORITY’’; and scribed in section 2105(b).’’. entitled ‘‘An Act to authorize the Commissioners (B) by striking ‘‘Department of Parks and (3) Section 2110(b) of such Act (42 U.S.C. of the District of Columbia to prescribe penalties Recreation’’ and inserting ‘‘Parks Authority’’. 1397jj(b)) is amended— for the handling and collection of dishonored (f) REPEAL OF PRIOR NOTICE REQUIREMENT (A) in paragraph (1)(B)(ii) to read as follows: checks’’, approved September 28, 1965 (D.C. FOR FEDERAL ACTIVITIES AFFECTING REAL ‘‘(ii) is a child— Code, sec. 1–357) is amended— PROPERTY IN DISTRICT OF COLUMBIA.—Effective ‘‘(I) whose family income (as determined (1) in subsection (a) by inserting after the October 1, 1997, the Balanced Budget Act of 1997 under the State child health plan)) exceeds the third sentence the following: ‘‘The Mayor may (Public Law 105–33) is amended by striking sec- medicaid applicable income level (as defined in enter into a contract to collect the amount of tion 11715. paragraph (4)), but does not exceed 50 percent- the original obligation.’’; and SEC. 158. Notwithstanding any provision of age points above the medicaid applicable income (2) by adding at the end the following new any Federally-granted charter or any other pro- level; subsections: vision of law, the real property of the National ‘‘(II) whose family income (as so determined) ‘‘(c) In a case in which the amount of a dis- Education Association located in the District of does not exceed the medicaid applicable income honored or unpaid check is collected as a result Columbia shall be subject to taxation by the Dis- level (as defined in paragraph (4) but deter- of a contract, the Mayor shall collect any costs trict of Columbia in the same manner as any mined as if ‘June 1, 1997’ were substituted for or expenses incurred to collect such amount similar organization. ‘March 31, 1997’); or from such person who gives or causes to be SEC. 159. (a) Section 501(c)(4) of the District of ‘‘(III) who resides in a State that does not given, in payment of any obligation or liability Columbia Police and Firemen’s Act of 1958 (D.C. have a medicaid applicable income level (as de- due the government of the District of Columbia, Code, sec. 4–416(c)(4)) is amended by striking fined in paragraph (4)); and’’; and a check which is subsequently dishonored or not ‘‘locality pay’’ and inserting ‘‘longevity pay’’. (B) in paragraph (4)— duly paid. In a case in which the amount of a (b) The amendment made by subsection (a) is (i) by striking ‘‘June 1, 1997’’ and inserting dishonored or unpaid check is collected as a re- effective on the date of enactment of Public Law ‘‘March 31, 1997’’; and sult of an action at law or in equity, such costs 105–61. (ii) by inserting ‘‘or 1905(n)(2) (as selected by and expenses shall include litigation expenses SEC. 160. In addition to amounts appropriated a State)’’ after ‘‘1902(l)(2)’’. and attorney’s fees. or otherwise made available, $3,000,000 is appro- (4) Section 1903(f)(4) of such Act (42 U.S.C. ‘‘(d) An action at law or in equity for the re- priated for the purpose of funding a Medicare 1396b(f)(4)) is amended by striking ‘‘or covery of any amount owed to the District as a Coordinated Care Demonstration Project in the 1905(p)(1)’’ and inserting ‘‘1905(p)(1), or result of subsection (c), including any litigation District of Columbia as specified in section 1905(u)’’. expenses or attorney’s fees may be initiated— 4016(b)(2)(C) of the Balanced Budget Act of (5) Section 2105(c)(2)(A) of such Act (42 U.S.C. ‘‘(1) by the Corporation Counsel of the Dis- 1997. 1397ee(c)(2)(A)) is amended to read as follows— trict of Columbia; or SEC. 161. Nothing in this Act shall be con- ‘‘(A) IN GENERAL.—Except as provided in this ‘‘(2) in a case in which the Corporation Coun- strued to authorize any office, agency or entity paragraph, payment shall not be made under sel does not exercise his or her authority, by the to expend funds for programs or functions for subsection (a) for expenditures for items de- person who provides collection services as a re- which a reorganization plan is required but has scribed in subsection (a) (other than paragraph sult of a contract with the Mayor. not been approved by the District of Columbia (1)) for a fiscal year to the extent the total of ‘‘(e) Nothing in this section may be construed Financial Responsibility and Management As- such expenditures (for which payment is made to eliminate the Mayor’s exclusive authority sistance Authority (hereafter in this section re- under such subsection) exceeds 10 percent of the with respect to any obligations and liabilities of ferred to as ‘‘Authority’’). Appropriations made sum of— the District of Columbia.’’. by this Act for such programs or functions are ‘‘(i) the total of such expenditures for such (c) CONFORMING REFERENCES TO INTERNAL conditioned only on the approval by the Au- fiscal year, and REVENUE CODE OF 1986.—Section 4(28A) of the thority of the required reorganization plans. ‘‘(ii) the total expenditures for medical assist- District of Columbia Income and Franchise Act SEC. 162. Effective as if included in the enact- ance by the State under title XIX for which of 1947 (D.C. Code, sec. 47–1801.4(28A)) is ment of subtitle J of title IV of the Balanced Federal payments made under section 1903(a)(1) amended to read as follows: Budget Act of 1997 (Public Law 105–33) the So- are based on an enhanced FMAP described in ‘‘(28A) The term ‘Internal Revenue Code of cial Security Act is amended as follows: section 2105(b) for such fiscal year.’’. 1986’ means the Internal Revenue Code of 1986 (1) The fourth sentence of section 1905(b) of (6) Section 2104 of such Act (42 U.S.C. 1397dd) (100 Stat. 2085; 26 U.S.C. 1 et seq.), as amended such Act (42 U.S.C. 1396d(b)) is amended by in- is amended— through August 20, 1996. The provisions of the serting ‘‘for the State for a fiscal year, and that (A) in subsection (d)(1), by striking ‘‘for cal- Internal Revenue Code of 1986 shall be effective do not exceed the amount of the State’s allot- endar quarters’’ and inserting ‘‘for expenditures on the same dates that they are effective for ment under section 2104 (not taking into ac- claimed by the State’’; and Federal tax purposes.’’. count reductions under section 2104(d)(2)) for (B) by striking subsection (d)(2) and inserting (d) STANDARD FOR REVIEW OF RECOMMENDA- the fiscal year reduced by the amount of any the following: TIONS OF BUSINESS REGULATORY REFORM COM- payments made under section 2105 to the State ‘‘(2) the amount (if any) of the payments MISSION IN REVIEW OF REGULATIONS BY AUTHOR- from such allotment for such fiscal year,’’ after made to that State under section 1903(a) for ex- ITY.—Section 11701(a)(1) of the Balanced Budget ‘‘subsection (u)(3)’’. penditures claimed by the State during such fis- Act of 1997 is amended by striking the second (2) Section 1905(u) of such Act (42 U.S.C. cal year that is attributable to the provision of sentence and inserting the following: ‘‘In carry- 1396d(u)) is amended— medical assistance to a child for which payment ing out such review, the Authority shall include (A) in paragraph (1)(B), by striking ‘‘para- is made under section 1903(a)(1) on the basis of an explicit reference to each recommendation graph (2)’’ and inserting ‘‘the fourth sentence of an enhanced FMAP under the fourth sentence made by the Business Regulatory Reform Com- subsection (b)’’; of section 1905(b).’’. mission pursuant to the Business Regulatory (B) in paragraph (2)(A), by striking ‘‘(C), but (7) Section 2105 of such Act (42 U.S.C. 1397ee) Reform Commission Act of 1994 (D.C. Code, sec. not in excess’’ and all that follows up to the pe- is amended by adding at the end the following: 2–4101 et seq.), together with specific findings riod at the end and inserting ‘‘(B)’’; ‘‘(f) FLEXIBILITY IN SUBMITTAL OF CLAIMS.— and conclusions with respect to each such rec- (C) by striking subparagraphs (B) and (C) of Nothing in this section or subsections (e) and (f) ommendation.’’. paragraph (2) and inserting the following: of section 2104 shall be construed as preventing (e) TECHNICAL CORRECTIONS RELATING TO ‘‘(B) For purposes of this paragraph, the term a State from claiming as expenditures in the BALANCED BUDGET ACT OF 1997.—(1) Effective ‘optional targeted low-income child’ means a quarter expenditures that were incurred in a as if included in the enactment of the Balanced targeted low-income child as defined in section previous quarter.’’. Budget Act of 1997, section 453(c) of the District 2110(b)(1) (determined without regard to that (8) Section 2104 of such Act (42 U.S.C. 1397dd) of Columbia Home Rule Act (D.C. Code, sec. 47– portion of subparagraph (C) of such section is amended— 304.1(c)), as amended by section 11243(d) of the concerning eligibility for medical assistance (A) in subsection (a)(1), by striking Balanced Budget Act of 1997, is amended to read under this title) who would not qualify for med- ‘‘$4,275,000,000’’ and inserting ‘‘$4,295,000,000’’; as follows: ical assistance under the State plan under this (B) in subsection (b)(4), by striking ‘‘Subject ‘‘(c) Subsection (a) shall not apply to amounts title as in effect on March 31, 1997 (but taking to paragraph (5), in’’ and inserting ‘‘In’’; and appropriated or otherwise made available to the into account the expansion of age of eligibility (C) in subsection (c)— Council, the District of Columbia Financial Re- effected through the operation of section (i) in paragraph (2)(C), by inserting ‘‘the’’ be- sponsibility and Management Assistance Au- 1902(l)(1)(D)).’’; fore ‘‘Virgin Islands’’, and thority established under section 101(a) of the (D) in paragraph (3)— (ii) in paragraphs (3)(C) and (3)(E), by strik- District of Columbia Financial Responsibility (i) by striking ‘‘described in this subpara- ing ‘‘the’’ and inserting ‘‘The’’. and Management Assistance Act of 1995, or the graph’’ and inserting ‘‘described in this para- (9) Section 2110(c)(3) of such Act (42 U.S.C. District of Columbia Water and Sewer Authority graph’’; and 1397jj(c)(3)) is amended by striking ‘‘2191’’ and established pursuant to the Water and Sewer (ii) by striking ‘‘April 15, 1997’’ and inserting inserting ‘‘2791’’. Authority Establishment and Department of ‘‘March 31, 1997’’; and SEC. 163. The Administrator of General Serv- Public Works Reorganization Act of 1996.’’. (E) by adding at the end the following: ices is authorized to amend the use restriction (2) Section 11201(g)(2)(A)(ii) of the Balanced ‘‘(4) The limitations on payment under sub- contained in the Administrator’s 1956 convey- Budget Act of 1997 is amended— sections (f) and (g) of section 1108 shall not ance of land to the City of Bonham, Texas, H10690 CONGRESSIONAL RECORD — HOUSE November 12, 1997 mandated by Public Law 586 of the 84th Con- the period of continuous physical presence re- (E) applies for such adjustment before April 1, gress. The amended use restriction will limit the ferred to in paragraph (1) commenced not later 2000. property to state veterans, nursing homes and than December 1, 1995, an alien— (2) PROOF OF CONTINUOUS PRESENCE.—For public safety communications purposes only. (A) shall demonstrate that the alien, prior to purposes of establishing the period of continu- SEC. 164. Notwithstanding any other provision December 1, 1995— ous physical presence referred to in paragraph of law, rule, or regulation, the evaluation proc- (i) applied to the Attorney General for asy- (1)(B), an alien— ess and instruments for evaluating District of lum; (A) shall demonstrate that such period com- Columbia Public Schools employees shall be a (ii) was issued an order to show cause under menced not later than December 1, 1995, in a non-negotiable item for collective bargaining section 242 or 242B of the Immigration and Na- manner consistent with subsection (b)(2); and purposes. tionality Act (as in effect prior to April 1, 1997); (B) shall not be considered to have failed to SEC. 165. There are appropriated from such (iii) was placed in exclusion proceedings maintain continuous physical presence by rea- funds of the District of Columbia, as are deemed under section 236 of such Act (as so in effect); son of an absence, or absences, from the United appropriate by the District of Columbia Finan- (iv) applied for adjustment of status under States for any period in the aggregate not ex- cial Responsibility and Management Assistance section 245 of such Act; ceeding 180 days. (v) applied to the Attorney General for em- Authority, $2,600,000, for the Fire and Emer- (e) AVAILABILITY OF ADMINISTRATIVE RE- ployment authorization; gency Medical Services Department for a 5 per- VIEW.—The Attorney General shall provide to (vi) performed service, or engaged in a trade cent pay increase for uniformed fire fighters. applicants for adjustment of status under sub- or business, within the United States which is SEC. 166. During fiscal year 1998, from funds section (a) the same right to, and procedures evidenced by records maintained by the Commis- available to the Department of Defense, up to for, administrative review as are provided to— sioner of Social Security; or $800,000 is available to the Department of De- (1) applicants for adjustment of status under (vii) applied for any other benefit under the fense to compensate persons who have suffered section 245 of the Immigration and Nationality Immigration and Nationality Act by means of documented commercial loss of cranberry crops Act; or an application establishing the alien’s presence in 1997 in the Mashpee or Falmouth bogs, lo- (2) aliens subject to removal proceedings in the United States prior to December 1, 1995; cated on the Quashnet and Coonamessett Riv- under section 240 of such Act. or (f) LIMITATION ON JUDICIAL REVIEW.—A deter- ers, respectively, as a result of the presence of (B) shall make such other demonstration of mination by the Attorney General as to whether ethylene dibromide (EDB) in or on cranberries physical presence as the Attorney General may the status of any alien should be adjusted under from either of the plumes of EDB-contaminated provide for by regulation. this section is final and shall not be subject to groundwater known as ‘‘FS 28’’ and ‘‘FS–1’’ ad- (c) STAY OF REMOVAL; WORK AUTHORIZA- review by any court. jacent to the Massachusetts Military Reserva- TION.— tion, Cape Cod, Massachusetts. (1) IN GENERAL.—The Attorney General shall (g) NO OFFSET IN NUMBER OF VISAS AVAIL- TITLE II—CLARIFICATION OF ELIGIBILITY provide by regulation for an alien subject to a ABLE.—When an alien is granted the status of FOR RELIEF FROM REMOVAL AND DE- final order of deportation or removal to seek a having been lawfully admitted for permanent PORTATION FOR CERTAIN ALIENS stay of such order based on the filing of an ap- residence pursuant to this section, the Secretary of State shall not be required to reduce the num- SEC. 201. SHORT TITLE.—This title may be plication under subsection (a). cited as the ‘‘Nicaraguan Adjustment and (2) DURING CERTAIN PROCEEDINGS.—Notwith- ber of immigrant visas authorized to be issued Central American Relief Act’’. standing any provision of the Immigration and under any provision of the Immigration and Na- SEC. 202. ADJUSTMENT OF STATUS OF CERTAIN Nationality Act, the Attorney General shall not tionality Act. NICARAGUANS AND CUBANS. (a) ADJUSTMENT OF order any alien to be removed from the United (h) APPLICATION OF IMMIGRATION AND NA- STATUS.— States, if the alien is in exclusion, deportation, TIONALITY ACT PROVISIONS.—Except as other- (1) IN GENERAL.—Notwithstanding section or removal proceedings under any provision of wise specifically provided in this section, the 245(c) of the Immigration and Nationality Act, such Act and has applied for adjustment of sta- definitions contained in the Immigration and the status of any alien described in subsection tus under subsection (a), except where the At- Nationality Act shall apply in the administra- (b) shall be adjusted by the Attorney General to torney General has rendered a final administra- tion of this section. Nothing contained in this that of an alien lawfully admitted for perma- tive determination to deny the application. section shall be held to repeal, amend, alter, nent residence, if the alien— (3) WORK AUTHORIZATION.—The Attorney modify, affect, or restrict the powers, duties, (A) applies for such adjustment before April 1, General may authorize an alien who has ap- functions, or authority of the Attorney General 2000; and plied for adjustment of status under subsection in the administration and enforcement of such (B) is otherwise eligible to receive an immi- (a) to engage in employment in the United Act or any other law relating to immigration, grant visa and is otherwise admissible to the States during the pendency of such application nationality, or naturalization. The fact that an United States for permanent residence, except in and may provide the alien with an ‘‘employment alien may be eligible to be granted the status of determining such admissibility the grounds for authorized’’ endorsement or other appropriate having been lawfully admitted for permanent inadmissibility specified in paragraphs (4), (5), document signifying authorization of employ- residence under this section shall not preclude (6)(A), and (7)(A) of section 212(a) of the Immi- ment, except that if such application is pending the alien from seeking such status under any gration and Nationality Act shall not apply. for a period exceeding 180 days, and has not other provision of law for which the alien may (2) RELATIONSHIP OF APPLICATION TO CERTAIN been denied, the Attorney General shall author- be eligible. ORDERS.—An alien present in the United States ize such employment. SEC. 203. MODIFICATION OF CERTAIN TRANSI- who has been ordered excluded, deported, re- (d) ADJUSTMENT OF STATUS FOR SPOUSES AND TION RULES. (a) TRANSITIONAL RULES WITH RE- moved, or ordered to depart voluntarily from the CHILDREN.— GARD TO SUSPENSION OF DEPORTATION.— United States under any provision of the Immi- (1) IN GENERAL.—Notwithstanding section (1) IN GENERAL.—Section 309(c)(5) of the Ille- gration and Nationality Act may, notwithstand- 245(c) of the Immigration and Nationality Act, gal Immigration Reform and Immigrant Respon- ing such order, apply for adjustment of status the status of an alien shall be adjusted by the sibility Act of 1996 (Public Law 104–208; division under paragraph (1). Such an alien may not be Attorney General to that of an alien lawfully C; 110 Stat. 3009–627) is amended to read as fol- required, as a condition of submitting or grant- admitted for permanent residence, if— lows: ing such application, to file a separate motion to (A) the alien is a national of Nicaragua or ‘‘(5) TRANSITIONAL RULES WITH REGARD TO reopen, reconsider, or vacate such order. If the Cuba; SUSPENSION OF DEPORTATION.— Attorney General grants the application, the At- (B) the alien is the spouse, child, or unmar- ‘‘(A) IN GENERAL.—Subject to subparagraphs torney General shall cancel the order. If the At- ried son or daughter, of an alien whose status is (B) and (C), paragraphs (1) and (2) of section torney General renders a final administrative adjusted to that of an alien lawfully admitted 240A(d) of the Immigration and Nationality Act decision to deny the application, the order shall for permanent residence under subsection (a), (relating to continuous residence or physical be effective and enforceable to the same extent except that in the case of such an unmarried presence) shall apply to orders to show cause as if the application had not been made. son or daughter, the son or daughter shall be re- (including those referred to in section 242B(a)(1) (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA- quired to establish that they have been phys- of the Immigration and Nationality Act, as in TUS.— ically present in the United States for a contin- effect before the title III–A effective date), is- (1) IN GENERAL.—The benefits provided by uous period, beginning not later than December sued before, on, or after the date of the enact- subsection (a) shall apply to any alien who is a 1, 1995, and ending not earlier than the date the ment of this Act. national of Nicaragua or Cuba and who has application for adjustment under this subsection ‘‘(B) EXCEPTION FOR CERTAIN ORDERS.—In been physically present in the United States for is filed; any case in which the Attorney General elects to a continuous period, beginning not later than (C) the alien applies for such adjustment and terminate and reinitiate proceedings in accord- December 1, 1995, and ending not earlier than is physically present in the United States on the ance with paragraph (3) of this subsection, the date the application for adjustment under date the application is filed; paragraphs (1) and (2) of section 240A(d) of the such subsection is filed, except an alien shall (D) the alien is otherwise eligible to receive an Immigration and Nationality Act shall not not be considered to have failed to maintain immigrant visa and is otherwise admissible to apply to an order to show cause issued before continuous physical presence by reason of an the United States for permanent residence, ex- April 1, 1997. absence, or absences, from the United States for cept in determining such admissibility the ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS any periods in the aggregate not exceeding 180 grounds for exclusion specified in paragraphs GRANTED TEMPORARY PROTECTION FROM DEPOR- days. (4), (5), (6)(A), and (7)(A) of section 212(a) of the TATION.— (2) PROOF OF COMMENCEMENT OF CONTINUOUS Immigration and Nationality Act shall not ‘‘(i) IN GENERAL.—For purposes of calculating PRESENCE.—For purposes of establishing that apply; and the period of continuous physical presence November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10691 under section 244(a) of the Immigration and Na- fect after the title III–A effective date), other a fiscal year under section 201(e) of the Immi- tionality Act (as in effect before the title III–A than subsections (b)(1), (d)(1), and (e) of section gration and Nationality Act shall be reduced by effective date) or section 240A of such Act (as in 240A of such Act (but including section 5,000 from the number of visas available under effect after the title III–A effective date), sub- 242(a)(2)(B) of such Act), the Attorney General that section for such fiscal year. paragraph (A) and paragraphs (1) and (2) of may, under section 240A of such Act, cancel re- (2) In no case shall the reduction under para- section 240A(d) of the Immigration and Nation- moval of, and adjust to the status of an alien graph (1) for a fiscal year exceed the amount by ality Act shall not apply in the case of an alien, lawfully admitted for permanent residence, an which— regardless of whether the alien is in exclusion or alien who is inadmissible or deportable from the (A) one-half of the total number of individuals deportation proceedings before the title III–A ef- United States, if the alien applies for such relief, described in subclauses (I), (II), (III), and (IV) fective date, who has not been convicted at any the alien is described in subsection (c)(5)(C)(i) of of section 309(c)(5)(C) of the Illegal Immigration time of an aggravated felony (as defined in sec- this section, and— Reform and Immigrant Responsibility Act of tion 101(a) of the Immigration and Nationality ‘‘(A) the alien— 1996 who have adjusted their status to that of Act) and— ‘‘(i) is not inadmissible or deportable under aliens lawfully admitted for permanent resi- ‘‘(I) was not apprehended after December 19, paragraph (2) or (3) of section 212(a) or para- dence under the Nicaraguan Adjustment and 1990, at the time of entry, and is— graph (2), (3), or (4) of section 237(a) of the Im- Central American Relief Act as of the end of the ‘‘(aa) a Salvadoran national who first entered migration and Nationality Act and is not an previous fiscal year exceeds— the United States on or before September 19, alien described in section 241(b)(3)(B)(i) of such (B) the total of the reductions in available 1990, and who registered for benefits pursuant Act; visas under this subsection for all previous fiscal to the settlement agreement in American Baptist ‘‘(ii) has been physically present in the United years. (e) TEMPORARY REDUCTION IN OTHER WORK- Churches, et al. v. Thornburgh (ABC), 760 F. States for a continuous period of not less than ERS’ VISAS.— Supp. 796 (N.D. Cal. 1991) on or before October 7 years immediately preceding the date of such 31, 1991, or applied for temporary protected sta- (1) Beginning in the fiscal year following the application; fiscal year in which a visa has been made avail- tus on or before October 31, 1991; or ‘‘(iii) has been a person of good moral char- able under section 203(b)(3)(A)(iii) of the Immi- ‘‘(bb) a Guatemalan national who first en- acter during such period; and gration and Nationality Act for all aliens who tered the United States on or before October 1, ‘‘(iv) establishes that removal would result in are the beneficiary of a petition approved under 1990, and who registered for benefits pursuant extreme hardship to the alien or to the alien’s section 204 of such Act as of the date of the en- to such settlement agreement on or before De- spouse, parent, or child, who is a citizen of the actment of this Act for classification under sec- cember 31, 1991; United States or an alien lawfully admitted for tion 203(b)(3)(A)(iii) of such Act, subject to ‘‘(II) is a Guatemalan or Salvadoran national permanent residence; or paragraph (2), visas available under section who filed an application for asylum with the ‘‘(B) the alien— Immigration and Naturalization Service on or ‘‘(i) is inadmissible or deportable under sec- 203(b)(3)(A)(iii) of that Act shall be reduced by before April 1, 1990; tion 212(a)(2), 237(a)(2) (other than 5,000 from the number of visas otherwise avail- ‘‘(III) is the spouse or child (as defined in sec- 237(a)(2)(A)(iii)), or 237(a)(3) of the Immigration able under that section for such fiscal year. (2) In no case shall the reduction under para- tion 101(b)(1) of the Immigration and National- and Nationality Act; graph (1) for a fiscal year exceed the amount by ity Act) of an individual, at the time a decision ‘‘(ii) is not an alien described in section which— is rendered to suspend the deportation, or can- 241(b)(3)(B)(i) or 101(a)(43) of such Act; (A) the number computed under subsection cel the removal, of such individual, if the indi- ‘‘(iii) has been physically present in the Unit- vidual has been determined to be described in (d)(2)(A), exceeds— ed States for a continuous period of not less (B) the total of the reductions in available this clause (excluding this subclause and sub- than 10 years immediately following the commis- clause (IV)); visas under this subsection for all previous fiscal sion of an act, or the assumption of a status, years. ‘‘(IV) is the unmarried son or daughter of an constituting a ground for removal; alien parent, at the time a decision is rendered (f) EFFECTIVE DATE.—The amendments made ‘‘(iv) has been a person of good moral char- by this section to the Illegal Immigration Reform to suspend the deportation, or cancel the re- acter during such period; and moval, of such alien parent, if— and Immigrant Responsibility Act of 1996 shall ‘‘(v) establishes that removal would result in take effect as if included in the enactment of ‘‘(aa) the alien parent has been determined to exceptional and extremely unusual hardship to be described in this clause (excluding this sub- such Act. the alien or to the alien’s spouse, parent, or SEC. 204. LIMITATION ON CANCELLATIONS OF clause and subclause (III)); and child, who is a citizen of the United States or an ‘‘(bb) in the case of a son or daughter who is REMOVAL AND SUSPENSIONS OF DEPORTATION. alien lawfully admitted for permanent resi- 21 years of age or older at the time such decision (a) ANNUAL LIMITATION.—Section 240A(e) of the dence. is rendered, the son or daughter entered the Immigration and Nationality Act (8 U.S.C. ‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRES- United States on or before October 1, 1990; or 1229b(e)) is amended to read as follows: ENCE.—Section 240A(d)(2) shall apply for pur- ‘‘(V) is an alien who entered the United States ‘‘(e) ANNUAL LIMITATION.— poses of calculating any period of continuous on or before December 31, 1990, who filed an ap- ‘‘(1) AGGREGATE LIMITATION.—Subject to physical presence under this subsection, except plication for asylum on or before December 31, paragraphs (2) and (3), the Attorney General that the reference to subsection (b)(1) in such 1991, and who, at the time of filing such appli- may not cancel the removal and adjust the sta- section shall be considered to be a reference to cation, was a national of the Soviet Union, Rus- tus under this section, nor suspend the deporta- paragraph (1) of this section.’’. sia, any republic of the former Soviet Union, tion and adjust the status under section 244(a) (c) MOTIONS TO REOPEN DEPORTATION OR RE- Latvia, Estonia, Lithuania, Poland, Czecho- (as in effect before the enactment of the Illegal MOVAL PROCEEDINGS.—Section 309 of the Illegal slovakia, Romania, Hungary, Bulgaria, Alba- Immigration Reform and Immigrant Responsibil- Immigration Reform and Immigrant Responsibil- nia, East Germany, Yugoslavia, or any state of ity Act of 1996), of a total of more than 4,000 ity Act of 1996 (Public Law 104–208; 110 Stat. the former Yugoslavia. aliens in any fiscal year. The previous sentence 3009–625), as amended by subsection (b), is fur- ‘‘(ii) LIMITATION ON JUDICIAL REVIEW.—A de- shall apply regardless of when an alien applied termination by the Attorney General as to ther amended by adding at the end the follow- for such cancellation and adjustment, or such whether an alien satisfies the requirements of ing: suspension and adjustment, and whether such this clause (i) is final and shall not be subject to ‘‘(g) MOTIONS TO REOPEN DEPORTATION OR an alien had previously applied for suspension review by any court. Nothing in the preceding REMOVAL PROCEEDINGS.—Notwithstanding any of deportation under such section 244(a). The sentence shall be construed as limiting the ap- limitation imposed by law on motions to reopen numerical limitation under this paragraph shall plication of section 242(a)(2)(B) of the Immigra- removal or deportation proceedings (except limi- apply to the aggregate number of decisions in tion and Nationality Act (as in effect after the tations premised on an alien’s conviction of an any fiscal year to cancel the removal (and ad- title III–A effective date) to other eligibility de- aggravated felony (as defined in section 101(a) just the status) of an alien, or suspend the de- terminations pertaining to discretionary relief of the Immigration and Nationality Act)), any portation (and adjust the status) of an alien, under this Act.’’. alien who has become eligible for cancellation of under this section or such section 244(a). (2) CONFORMING AMENDMENT.—Subsection (c) removal or suspension of deportation as a result ‘‘(2) FISCAL YEAR 1997.—For fiscal year 1997, of section 309 of the Illegal Immigration Reform of the amendments made by section 203 of the paragraph (1) shall only apply to decisions to and Immigrant Responsibility Act of 1996 (Pub- Nicaraguan Adjustment and Central American cancel the removal of an alien, or suspend the lic Law 104–208; division C; 110 Stat. 3009–625) is Relief Act may file one motion to reopen removal deportation of an alien, made after April 1, 1997. amended by striking the subsection designation or deportation proceedings to apply for can- Notwithstanding any other provision of law, the and the subsection heading and inserting the cellation of removal or suspension of deporta- Attorney General may cancel the removal or following: tion. The Attorney General shall designate a suspend the deportation, in addition to the nor- ‘‘(c) TRANSITION FOR CERTAIN ALIENS.—’’. specific time period in which all such motions to mal allotment for fiscal year 1998, of a number (b) SPECIAL RULE FOR CANCELLATION OF RE- reopen are required to be filed. The period shall of aliens equal to 4,000 less the number of such MOVAL.—Section 309 of the Illegal Immigration begin not later than 60 days after the date of cancellations of removal and suspensions of de- Reform and Immigrant Responsibility Act of the enactment of the Nicaraguan Adjustment portation granted in fiscal year 1997 after April 1996 (Public Law 104–208; 110 Stat. 3009–625) is and Central American Relief Act and shall ex- 1, 1997. amended by adding at the end the following: tend for a period not to exceed 240 days.’’. ‘‘(3) EXCEPTION FOR CERTAIN ALIENS.—Para- ‘‘(f) SPECIAL RULE FOR CANCELLATION OF RE- (d) TEMPORARY REDUCTION IN DIVERSITY graph (1) shall not apply to the following: MOVAL.— VISAS.— ‘‘(A) Aliens described in section 309(c)(5)(C)(i) ‘‘(1) IN GENERAL.—Subject to the provisions of (1) Beginning in fiscal year 1999, subject to of the Illegal Immigration Reform and Immi- the Immigration and Nationality Act (as in ef- paragraph (2), the number of visas available for grant Responsibility Act of 1996 (as amended by H10692 CONGRESSIONAL RECORD — HOUSE November 12, 1997

the Nicaraguan Adjustment and Central Amer- COUNTERTERRORISM FUND available until expended: Provided, That of the ican Relief Act). For necessary expenses, as determined by the funds available in this appropriation, not to ex- ‘‘(B) Aliens in deportation proceedings prior Attorney General, $20,000,000 to remain avail- ceed $17,525,000 shall remain available until ex- to April 1, 1997, who applied for suspension of able until expended, to reimburse any Depart- pended for office automation systems for the deportation under section 244(a)(3) (as in effect ment of Justice organization for (1) the costs in- legal divisions covered by this appropriation, before the date of the enactment of the Illegal curred in reestablishing the operational capabil- and for the United States Attorneys, the Anti- Immigration Reform and Immigrant Responsibil- ity of an office or facility which has been dam- trust Division, and offices funded through ‘‘Sal- ity Act of 1996).’’. aged or destroyed as a result of any domestic or aries and Expenses’’, General Administration: (b) CANCELLATION OF REMOVAL AND ADJUST- international terrorist incident, (2) the costs of Provided further, That of the total amount ap- MENT OF STATUS FOR CERTAIN NONPERMANENT providing support to counter, investigate or propriated, not to exceed $1,000 shall be avail- RESIDENTS.—Section 240A(b) of the Immigration prosecute domestic or international terrorism, able to the United States National Central Bu- and Nationality Act (8 U.S.C. 1229b(b)) is including payment of rewards in connection reau, INTERPOL, for official reception and rep- amended in each of paragraphs (1) and (2) by with these activities, and (3) the costs of con- resentation expenses: Provided further, That, of striking ‘‘may cancel removal in the case of an ducting a terrorism threat assessment of Federal the funds appropriated under this heading, alien’’ and inserting ‘‘may cancel removal of, agencies and their facilities: Provided, That such funds as may be necessary for the orderly and adjust to the status of an alien lawfully ad- funds provided under this heading shall be termination of the Ounce of Prevention Council. mitted for permanent residence, an alien’’. available only after the Attorney General noti- In addition, for reimbursement of expenses of (c) RECORDATION OF DATE.—Section fies the Committees on Appropriations of the the Department of Justice associated with proc- 240A(b)(3) of the Immigration and Nationality House of Representatives and the Senate in ac- essing cases under the National Childhood Vac- Act (8 U.S.C. 1229b(b)(3)) is amended to read as cordance with section 605 of this Act. cine Injury Act of 1986, as amended, not to ex- follows: In addition, for necessary expenses, as deter- ceed $4,028,000, to be appropriated from the Vac- ‘‘(3) RECORDATION OF DATE.—With respect to mined by the Attorney General, $32,700,000, to cine Injury Compensation Trust Fund. aliens who the Attorney General adjusts to the remain available until expended, to reimburse VIOLENT CRIME REDUCTION PROGRAMS, GENERAL status of an alien lawfully admitted for perma- departments and agencies of the Federal Gov- LEGAL ACTIVITIES nent residence under paragraph (1) or (2), the ernment for any costs incurred in connection For the expeditious deportation of denied asy- Attorney General shall record the alien’s lawful with— lum applicants, as authorized by section 130005 admission for permanent residence as of the (1) counterterrorism technology research and of the Violent Crime Control and Law Enforce- date of the Attorney General’s cancellation of development; ment Act of 1994 (Public Law 103–322), as removal under paragraph (1) or (2).’’. (2) providing training and related equipment amended, $7,969,000, to remain available until (d) APRIL 1 EFFECTIVE DATE FOR AGGREGATE for chemical, biological, nuclear, and cyber at- expended, which shall be derived from the Vio- LIMITATION.—Section 309(c)(7) of the Illegal Im- tack prevention and response capabilities to lent Crime Reduction Trust Fund. migration Reform and Immigrant Responsibility State and local law enforcement agencies; and SALARIES AND EXPENSES, ANTITRUST DIVISION Act of 1996 (Public Law 104–208; division C; 110 (3) providing bomb training and response ca- For expenses necessary for the enforcement of Stat. 3009–627) is amended to read as follows: pabilities to State and local law enforcement antitrust and kindred laws, $75,495,000: Pro- ‘‘(7) LIMITATION ON SUSPENSION OF DEPORTA- agencies. TION.—After April 1, 1997, the Attorney General vided, That notwithstanding any other provi- ADMINISTRATIVE REVIEW AND APPEALS may not suspend the deportation and adjust the sion of law, not to exceed $70,000,000 of offset- For expenses necessary for the administration status under section 244 of the Immigration and ting collections derived from fees collected for of pardon and clemency petitions and immigra- Nationality Act (as in effect before the title III– premerger notification filings under the Hart- tion related activities, $70,007,000. A effective date) of any alien in any fiscal year, Scott-Rodino Antitrust Improvements Act of except in accordance with section 240A(e) of VIOLENT CRIME REDUCTION PROGRAMS, 1976 (15 U.S.C. 18(a)) shall be retained and used such Act. The previous sentence shall apply re- ADMINISTRATIVE REVIEW AND APPEALS for necessary expenses in this appropriation, gardless of when an alien applied for such sus- For activities authorized by section 130005 of and shall remain available until expended: Pro- pension and adjustment.’’. the Violent Crime Control and Law Enforcement vided further, That the sum herein appropriated (e) EFFECTIVE DATE.—The amendments made Act of 1994 (Public Law 103–322), as amended, from the General Fund shall be reduced as such by this section shall take effect as if included in $59,251,000, to remain available until expended, offsetting collections are received during fiscal the enactment of the Illegal Immigration Reform which shall be derived from the Violent Crime year 1998, so as to result in a final fiscal year and Immigrant Responsibility Act of 1996 (Pub- Reduction Trust Fund. 1998 appropriation from the General Fund esti- lic Law 104–208; 110 Stat. 3009–546). OFFICE OF INSPECTOR GENERAL mated at not more than $5,495,000: Provided fur- This division may be cited as the ‘‘District of For necessary expenses of the Office of In- ther, That any fees received in excess of Columbia Appropriations Act, 1998’’. spector General in carrying out the provisions of $70,000,000 in fiscal year 1998, shall remain DIVISION B—DEPARTMENTS OF COM- the Inspector General Act of 1978, as amended, available until expended, but shall not be avail- MERCE, JUSTICE, AND STATE, THE JUDI- $33,211,000; including not to exceed $10,000 to able for obligation until October 1, 1998. CIARY, AND RELATED AGENCIES APPRO- meet unforeseen emergencies of a confidential SALARIES AND EXPENSES, UNITED STATES PRIATIONS ACT, 1998 character, to be expended under the direction ATTORNEYS The following sums are appropriated, out of of, and to be accounted for solely under the cer- For necessary expenses of the Office of the any money in the Treasury not otherwise appro- tificate of, the Attorney General; and for the ac- United States Attorneys, including intergovern- priated, for the Departments of Commerce, Jus- quisition, lease, maintenance, and operation of mental and cooperative agreements, $972,460,000; tice, and State, the Judiciary, and related agen- motor vehicles, without regard to the general of which not to exceed $2,500,000 shall be avail- cies for the fiscal year ending September 30, purchase price limitation for the current fiscal able until September 30, 1999, for (1) training 1998, and for other purposes, to be effective as if year: Provided, That up to one-tenth of one per- personnel in debt collection, (2) locating debtors it had been enacted into law as the regular ap- cent of the Department of Justice’s allocation and their property, (3) paying the net costs of propriations Act, namely: from the Violent Crime Reduction Trust Fund selling property, and (4) tracking debts owed to grant programs may be transferred at the discre- the United States Government: Provided, That TITLE I—DEPARTMENT OF JUSTICE tion of the Attorney General to this account for of the total amount appropriated, not to exceed GENERAL ADMINISTRATION the audit or other review of such grant pro- $8,000 shall be available for official reception SALARIES AND EXPENSES grams, as authorized by section 130005 of the and representation expenses: Provided further, For expenses necessary for the administration Violent Crime Control and Law Enforcement That not to exceed $10,000,000 of those funds of the Department of Justice, $76,199,000, of Act of 1994 (Public Law 103–322). available for automated litigation support con- which not to exceed $3,317,000 is for the Facili- UNITED STATES PAROLE COMMISSION tracts shall remain available until expended: ties Program 2000, to remain available until ex- Provided further, That not to exceed $1,200,000 SALARIES AND EXPENSES pended: Provided, That not to exceed 43 perma- for the design, development, and implementation For necessary expenses of the United States nent positions and 44 full-time equivalent of an information systems strategy for D.C. Su- Parole Commission as authorized by law, workyears and $7,860,000 shall be expended for perior Court shall remain available until ex- $5,009,000. the Department Leadership Program exclusive pended: Provided further, That not to exceed of augmentation that occurred in these offices LEGAL ACTIVITIES $2,500,000 for the operation of the National Ad- in fiscal year 1997: Provided further, That not to SALARIES AND EXPENSES, GENERAL LEGAL vocacy Center shall remain available until ex- exceed 41 permanent positions and 48 full-time ACTIVITIES pended: Provided further, That not to exceed equivalent workyears and $4,660,000 shall be ex- For expenses, necessary for the legal activities $2,000,000 shall remain available until expended pended for the Offices of Legislative Affairs and of the Department of Justice, not otherwise pro- for the expansion of existing Violent Crime Task Public Affairs: Provided further, That the latter vided for, including not to exceed $20,000 for ex- Forces in United States Attorneys Offices into two aforementioned offices shall not be aug- penses of collecting evidence, to be expended demonstration projects, including inter-govern- mented by personnel details, temporary trans- under the direction of, and to be accounted for mental, inter-local, cooperative, and task-force fers of personnel on either a reimbursable or solely under the certificate of, the Attorney agreements, however denominated, and con- non-reimbursable basis or any other type of for- General; and rent of private or Government- tracts with State and local prosecutorial and mal or informal transfer or reimbursement of owned space in the District of Columbia; law enforcement agencies engaged in the inves- personnel or funds on either a temporary or $444,200,000; of which not to exceed $10,000,000 tigation and prosecution of violent crimes, in- long-term basis. for litigation support contracts shall remain cluding bank robbery and carjacking, and drug November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10693 trafficking: Provided further, That, in addition shals Service as authorized in 18 U.S.C. 4013, FEDERAL BUREAU OF INVESTIGATION to reimbursable full-time equivalent workyears but not including expenses otherwise provided SALARIES AND EXPENSES available to the Office of the United States At- for in appropriations available to the Attorney For necessary expenses of the Federal Bureau torneys, not to exceed 8,948 positions and 9,113 General, $405,262,000, as authorized by 28 U.S.C. of Investigation for detection, investigation, and full-time equivalent workyears shall be sup- 561(i), to remain available until expended. prosecution of crimes against the United States; ported from the funds appropriated in this Act FEES AND EXPENSES OF WITNESSES including purchase for police-type use of not to for the United States Attorneys. For expenses, mileage, compensation, and per exceed 3,094 passenger motor vehicles, of which VIOLENT CRIME REDUCTION PROGRAMS, UNITED diems of witnesses, for expenses of contracts for 2,270 will be for replacement only, without re- STATES ATTORNEYS the procurement and supervision of expert wit- gard to the general purchase price limitation for For activities authorized by sections 40114, nesses, for private counsel expenses, and for per the current fiscal year, and hire of passenger 130005, 190001(b), 190001(d) and 250005 of the diems in lieu of subsistence, as authorized by motor vehicles; acquisition, lease, maintenance, Violent Crime Control and Law Enforcement law, including advances, $75,000,000, to remain and operation of aircraft; and not to exceed Act of 1994 (Public Law 103–322), as amended, available until expended; of which not to exceed $70,000 to meet unforeseen emergencies of a con- and section 815 of the Antiterrorism and Effec- $4,750,000 may be made available for planning, fidential character, to be expended under the di- tive Death Penalty Act of 1996 (Public Law 104– construction, renovations, maintenance, remod- rection of, and to be accounted for solely under 132), $62,828,000, to remain available until ex- eling, and repair of buildings, and the purchase the certificate of, the Attorney General, pended, which shall be derived from the Violent of equipment incident thereto, for protected wit- $2,750,921,000; of which not to exceed $50,000,000 Crime Reduction Trust Fund. ness safesites; of which not to exceed $1,000,000 for automated data processing and telecommuni- UNITED STATES TRUSTEE SYSTEM FUND may be made available for the purchase and cations and technical investigative equipment For necessary expenses of the United States maintenance of armored vehicles for transpor- and not to exceed $1,000,000 for undercover op- Trustee Program, as authorized by 28 U.S.C. tation of protected witnesses; and of which not erations shall remain available until September 589a(a), $114,248,000, to remain available until to exceed $4,000,000 may be made available for 30, 1999; of which not less than $221,050,000 expended and to be derived from the United the purchase, installation and maintenance of a shall be for counterterrorism investigations, for- States Trustee System Fund: Provided, That, secure, automated information network to store eign counterintelligence, and other activities re- notwithstanding any other provision of law, de- and retrieve the identities and locations of pro- lated to our national security; of which not to posits to the Fund shall be available in such tected witnesses. exceed $98,400,000 shall remain available until amounts as may be necessary to pay refunds SALARIES AND EXPENSES, COMMUNITY RELATIONS expended; of which not to exceed $10,000,000 is due depositors: Provided further, That, notwith- SERVICE authorized to be made available for making ad- standing any other provision of law, For necessary expenses of the Community Re- vances for expenses arising out of contractual or $114,248,000 of offsetting collections derived from lations Service, established by title X of the Civil reimbursable agreements with State and local fees collected pursuant to 28 U.S.C. 589a(b) shall Rights Act of 1964, $5,319,000 and, in addition, law enforcement agencies while engaged in co- be retained and used for necessary expenses in up to $2,000,000 of funds made available to the operative activities related to violent crime, ter- this appropriation and remain available until Department of Justice in this Act may be trans- rorism, organized crime, and drug investiga- expended: Provided further, That the sum here- ferred by the Attorney General to this account: tions; and of which $1,500,000 shall be available in appropriated from the Fund shall be reduced Provided, That notwithstanding any other pro- to maintain an independent program office dedi- as such offsetting collections are received during vision of law, upon a determination by the At- cated solely to the relocation of the Criminal fiscal year 1998, so as to result in a final fiscal torney General that emergent circumstances re- Justice Information Services Division and the year 1998 appropriation from the Fund esti- quire additional funding for conflict prevention automation of fingerprint identification services: mated at $0: Provided further, That any such and resolution activities of the Community Rela- Provided, That not to exceed $45,000 shall be fees collected in excess of $114,248,000 in fiscal tions Service, the Attorney General may transfer available for official reception and representa- year 1998 shall remain available until expended such amounts to the Community Relations Serv- tion expenses: Provided further, That no funds but shall not be available for obligation until ice, from available appropriations for the cur- in this Act may be used to provide ballistics im- October 1, 1998. rent fiscal year for the Department of Justice, as aging equipment to any State or local authority SALARIES AND EXPENSES, FOREIGN CLAIMS may be necessary to respond to such cir- which has obtained similar equipment through a SETTLEMENT COMMISSION cumstances: Provided further, That any transfer Federal grant or subsidy unless the State or For expenses necessary to carry out the activi- pursuant to the previous proviso shall be treated local authority agrees to return that equipment ties of the Foreign Claims Settlement Commis- as a reprogramming under section 605 of this or to repay that grant or subsidy to the Federal sion, including services as authorized by 5 Act and shall not be available for obligation or Government. U.S.C. 3109, $1,226,000. expenditure except in compliance with the pro- VIOLENT CRIME REDUCTION PROGRAMS SALARIES AND EXPENSES, UNITED STATES cedures set forth in that section. For activities authorized by the Violent Crime MARSHALS SERVICE ASSETS FORFEITURE FUND Control and Law Enforcement Act of 1994 (Pub- For necessary expenses of the United States For expenses authorized by 28 U.S.C. lic Law 103–322) as amended (‘‘the 1994 Act’’), Marshals Service; including the acquisition, 524(c)(1)(A)(ii), (B), (F), and (G), as amended, and the Antiterrorism and Effective Death Pen- lease, maintenance, and operation of vehicles $23,000,000, to be derived from the Department of alty Act of 1996 (‘‘the Antiterrorism Act’’), and aircraft, and the purchase of passenger Justice Assets Forfeiture Fund. $179,121,000, to remain available until expended, motor vehicles for police-type use, without re- RADIATION EXPOSURE COMPENSATION which shall be derived from the Violent Crime gard to the general purchase price limitation for ADMINISTRATIVE EXPENSES Reduction Trust Fund; of which $102,127,000 the current fiscal year, $467,833,000, as author- For necessary administrative expenses in ac- shall be for activities authorized by section ized by 28 U.S.C. 561(i); of which not to exceed cordance with the Radiation Exposure Com- 190001(c) of the 1994 Act and section 811 of the $6,000 shall be available for official reception pensation Act, $2,000,000. Antiterrorism Act; $57,994,000 shall be for activi- and representation expenses; and of which not ties authorized by section 190001(b) of the 1994 to exceed $4,000,000 for development, implemen- PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND Act; $4,000,000 shall be for training and inves- tation, maintenance and support, and training tigative assistance authorized by section 210501 for an automated prisoner information system, For payments to the Radiation Exposure Com- pensation Trust Fund, $4,381,000. of the 1994 Act; $9,500,000 shall be for grants to and not to exceed $2,200,000 to support the Jus- States, as authorized by section 811(b) of the INTERAGENCY LAW ENFORCEMENT tice Prisoner and Alien Transportation System, Antiterrorism Act; and $5,500,000 shall be for es- shall remain available until expended: Provided, INTERAGENCY CRIME AND DRUG ENFORCEMENT tablishing DNA quality-assurance and pro- That, for fiscal year 1998 and thereafter, the For necessary expenses for the detection, in- ficiency-testing standards, establishing an index service of maintaining and transporting State, vestigation, and prosecution of individuals in- to facilitate law enforcement exchange of DNA local, or territorial prisoners shall be considered volved in organized crime drug trafficking not identification information, and related activities a specialized or technical service for purposes of otherwise provided for, to include intergovern- authorized by section 210501 of the 1994 Act. 31 U.S.C. 6505, and any prisoners so transported mental agreements with State and local law en- CONSTRUCTION shall be considered persons (transported for forcement agencies engaged in the investigation For necessary expenses to construct or acquire other than commercial purposes) whose presence and prosecution of individuals involved in orga- buildings and sites by purchase, or as otherwise is associated with the performance of a govern- nized crime drug trafficking, $294,967,000, of authorized by law (including equipment for mental function for purposes of 49 U.S.C. 40102. which $50,000,000 shall remain available until such buildings); conversion and extension of VIOLENT CRIME REDUCTION PROGRAMS, UNITED expended: Provided, That any amounts obli- federally-owned buildings; and preliminary STATES MARSHALS SERVICE gated from appropriations under this heading planning and design of projects; $44,506,000, to For activities authorized by section 190001(b) may be used under authorities available to the remain available until expended. of the Violent Crime Control and Law Enforce- organizations reimbursed from this appropria- ment Act of 1994 (Public Law 103–322), as tion: Provided further, That any unobligated DRUG ENFORCEMENT ADMINISTRATION amended, $25,553,000, to remain available until balances remaining available at the end of the SALARIES AND EXPENSES expended, which shall be derived from the Vio- fiscal year shall revert to the Attorney General For necessary expenses of the Drug Enforce- lent Crime Reduction Trust Fund. for reallocation among participating organiza- ment Administration, including not to exceed FEDERAL PRISONER DETENTION tions in succeeding fiscal years, subject to the $70,000 to meet unforeseen emergencies of a con- For expenses, related to United States pris- reprogramming procedures described in section fidential character, to be expended under the di- oners in the custody of the United States Mar- 605 of this Act. rection of, and to be accounted for solely under H10694 CONGRESSIONAL RECORD — HOUSE November 12, 1997 the certificate of, the Attorney General; ex- $5,000 shall be available for official reception enforcement of the laws relating to immigration, penses for conducting drug education and train- and representation expenses: Provided further, naturalization, and alien registration, not oth- ing programs, including travel and related ex- That none of the funds provided in this or any erwise provided for, $75,959,000, to remain avail- penses for participants in such programs and other Act shall be used for the continued oper- able until expended. the distribution of items of token value that pro- ation of the San Clemente and Temecula check- FEDERAL PRISON SYSTEM mote the goals of such programs; purchase of points unless the checkpoints are open and traf- SALARIES AND EXPENSES not to exceed 1,602 passenger motor vehicles, of fic is being checked on a continuous 24-hour For expenses necessary for the administration, which 1,410 will be for replacement only, for po- basis: Provided further, That not to exceed 43 operation, and maintenance of Federal penal lice-type use without regard to the general pur- permanent positions and 43 full-time equivalent and correctional institutions, including pur- chase price limitation for the current fiscal year; workyears and $4,167,000 shall be expended for chase (not to exceed 834, of which 599 are for re- and acquisition, lease, maintenance, and oper- the Office of Legislative Affairs and Public Af- placement only) and hire of law enforcement ation of aircraft; $723,841,000, of which not to fairs: Provided further, That the latter two and passenger motor vehicles, and for the provi- exceed $1,800,000 for research and $15,000,000 for aforementioned offices shall not be augmented sion of technical assistance and advice on cor- transfer to the Drug Diversion Control Fee Ac- by personnel details, temporary transfers of per- rections related issues to foreign governments; count for operating expenses shall remain avail- sonnel on either a reimbursable or non-reim- $2,823,642,000: Provided, That the Attorney Gen- able until expended, and of which not to exceed bursable basis or any other type of formal or in- eral may transfer to the Health Resources and $4,000,000 for purchase of evidence and pay- formal transfer or reimbursement of personnel or Services Administration such amounts as may be ments for information, not to exceed $10,000,000 funds on either a temporary or long-term basis: necessary for direct expenditures by that Ad- for contracting for automated data processing Provided further, That beginning seven cal- ministration for medical relief for inmates of and telecommunications equipment, and not to endar days after the enactment of this Act and Federal penal and correctional institutions: Pro- exceed $2,000,000 for laboratory equipment, for each fiscal year thereafter, none of the vided further, That the Director of the Federal $4,000,000 for technical equipment, and funds appropriated or otherwise made available Prison System (FPS), where necessary, may $2,000,000 for aircraft replacement retrofit and to the Immigration and Naturalization Service enter into contracts with a fiscal agent/fiscal parts, shall remain available until September 30, may be used by the INS to accept, for the pur- intermediary claims processor to determine the 1999; and of which not to exceed $50,000 shall be pose of conducting criminal background checks amounts payable to persons who, on behalf of available for official reception and representa- on applications for any benefit under the Immi- the FPS, furnish health services to individuals tion expenses. gration and Nationality Act, any FD–258 finger- committed to the custody of the FPS: Provided VIOLENT CRIME REDUCTION PROGRAMS print card which has been prepared by or re- further, That uniforms may be purchased with- For activities authorized by sections 180104 ceived from any individual or entity other than out regard to the general purchase price limita- and 190001(b) of the Violent Crime Control and an office of the Immigration and Naturalization tion for the current fiscal year: Provided fur- Law Enforcement Act of 1994 (Public Law 103– Service with the following exceptions—(1) State ther, That not to exceed $6,000 shall be available 322), as amended, and section 814 of the and local law enforcement agencies and (2) for official reception and representation ex- Antiterrorism and Effective Death Penalty Act United States consular offices at United States penses: Provided further, That not to exceed of 1996 (Public Law 104–132), $403,537,000, to re- embassies and consulates abroad under the ju- $90,000,000 for the activation of new facilities main available until expended, which shall be risdiction of the Department of State or United shall remain available until September 30, 1999: derived from the Violent Crime Reduction Trust States military offices under the jurisdiction of Provided further, That of the amounts provided Fund. the Department of Defense authorized to per- for Contract Confinement, not to exceed CONSTRUCTION form fingerprinting services to prepare FD–258 $20,000,000 shall remain available until ex- For necessary expenses to construct or acquire fingerprint cards for applicants residing abroad pended to make payments in advance for grants, buildings and sites by purchase, or as otherwise applying for immigration benefits: Provided fur- contracts and reimbursable agreements, and authorized by law (including equipment for ther, That agencies may collect and retain a fee other expenses authorized by section 501(c) of such buildings); conversion and extension of for fingerprinting services: Provided further, the Refugee Education Assistance Act of 1980, federally-owned buildings; and preliminary That, during fiscal year 1998 and each fiscal as amended, for the care and security in the planning and design of projects; $8,000,000, to year thereafter, none of the funds appropriated United States of Cuban and Haitian entrants: remain available until expended. or otherwise made available to the Immigration Provided further, That notwithstanding section IMMIGRATION AND NATURALIZATION SERVICE and Naturalization Service shall be used to com- 4(d) of the Service Contract Act of 1965 (41 SALARIES AND EXPENSES plete adjudication of an application for natu- U.S.C. 353(d)), FPS may enter into contracts For expenses, not otherwise provided for, nec- ralization unless the Immigration and Natu- and other agreements with private entities for essary for the administration and enforcement ralization Service has received confirmation periods of not to exceed 3 years and 7 additional of the laws relating to immigration, naturaliza- from the Federal Bureau of Investigation that a option years for the confinement of Federal pris- tion, and alien registration, including not to ex- full criminal background check has been com- oners. ceed $50,000 to meet unforeseen emergencies of a pleted, except for those exempted by regulation VIOLENT CRIME REDUCTION PROGRAMS confidential character, to be expended under the as of January 1, 1997: Provided further, That For substance abuse treatment in Federal direction of, and to be accounted for solely the number of positions filled through non-ca- prisons as authorized by section 32001(e) of the under the certificate of, the Attorney General; reer appointment at the Immigration and Natu- Violent Crime Control and Law Enforcement purchase for police type use (not to exceed 2,904, ralization Service, for which funding is provided Act of 1994 (Public Law 103–322), as amended, of which 1,711 are for replacement only), with- in this Act or is otherwise made available to the $26,135,000, to remain available until expended, out regard to the general purchase price limita- Immigration and Naturalization Service, shall which shall be derived from the Violent Crime tion for the current fiscal year, and hire of pas- not exceed four permanent positions and four Reduction Trust Fund. senger motor vehicles; acquisition, lease, mainte- full-time equivalent workyears after July 1, BUILDINGS AND FACILITIES nance and operation of aircraft; research relat- 1998: Provided further, That notwithstanding For planning, acquisition of sites and con- ed to immigration enforcement; and for the care any other provision of law, during fiscal year struction of new facilities; leasing the Oklahoma and housing of Federal detainees held in the 1998, the Attorney General is authorized and di- City Airport Trust Facility; purchase and acqui- joint Immigration and Naturalization Service rected to impose disciplinary action, including sition of facilities and remodeling, and equip- and United States Marshals Service’s Buffalo termination of employment, pursuant to policies ping of such facilities for penal and correctional Detention Facility; $1,658,886,000 of which not and procedures applicable to employees of the use, including all necessary expenses incident to exceed $400,000 for research shall remain Federal Bureau of Investigation, for any em- thereto, by contract or force account; and con- available until expended; of which not to exceed ployee of the Immigration and Naturalization structing, remodeling, and equipping necessary $10,000,000 shall be available for costs associated Service who violates policies and procedures set buildings and facilities at existing penal and with the training program for basic officer forth by the Department of Justice relative to correctional institutions, including all necessary training, and $5,000,000 is for payments or ad- the granting of citizenship or who willfully de- expenses incident thereto, by contract or force vances arising out of contractual or reimburs- ceives the Congress or Department Leadership account; $255,133,000, to remain available until able agreements with State and local law en- on any matter. expended, of which not to exceed $14,074,000 forcement agencies while engaged in cooperative VIOLENT CRIME REDUCTION PROGRAMS shall be available to construct areas for inmate activities related to immigration; and of which For activities authorized by sections 130002, work programs: Provided, That labor of United not to exceed $5,000,000 is to fund or reimburse 130005, 130006, 130007, and 190001(b) of the Vio- States prisoners may be used for work performed other Federal agencies for the costs associated lent Crime Control and Law Enforcement Act of under this appropriation: Provided further, with the care, maintenance, and repatriation of 1994 (Public Law 103–322), as amended, and sec- That not to exceed 10 percent of the funds ap- smuggled illegal aliens: Provided, That none of tion 813 of the Antiterrorism and Effective propriated to ‘‘Buildings and Facilities’’ in this the funds available to the Immigration and Nat- Death Penalty Act of 1996 (Public Law 104–132), Act or any other Act may be transferred to ‘‘Sal- uralization Service shall be available to pay any $607,206,000, to remain available until expended, aries and Expenses’’, Federal Prison System, employee overtime pay in an amount in excess of which will be derived from the Violent Crime Re- upon notification by the Attorney General to $30,000 during the calendar year beginning Jan- duction Trust Fund. the Committees on Appropriations of the House uary 1, 1998: Provided further, That uniforms CONSTRUCTION of Representatives and the Senate in compliance may be purchased without regard to the general For planning, construction, renovation, with provisions set forth in section 605 of this purchase price limitation for the current fiscal equipping, and maintenance of buildings and Act: Provided further, That, of the total amount year: Provided further, That not to exceed facilities necessary for the administration and appropriated, not to exceed $2,300,000 shall be November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10695 available for the renovation and construction of lent Crime Reduction Trust Fund; of which which $63,000,000 shall be for grants for residen- United States Marshals Service prisoner-holding $523,000,000 shall be for Local Law Enforcement tial substance abuse treatment for State pris- facilities. Block Grants, pursuant to H.R. 728 as passed by oners, as authorized by section 1001(a)(17) of the FEDERAL PRISON INDUSTRIES, INCORPORATED the House of Representatives on February 14, 1968 Act; of which $12,500,000 shall be for grants The Federal Prison Industries, Incorporated, 1995, except that for purposes of this Act, the to States and units of local government for is hereby authorized to make such expenditures, Commonwealth of Puerto Rico shall be consid- projects to improve DNA analysis, as authorized within the limits of funds and borrowing au- ered a ‘‘unit of local government’’ as well as a by section 1001(a)(22) of the 1968 Act; of which thority available, and in accord with the law, ‘‘State’’, for the purposes set forth in para- $900,000 shall be for the Missing Alzheimer’s and to make such contracts and commitments, graphs (A), (B), (D), (F), and (I) of section Disease Patient Alert Program, as authorized by without regard to fiscal year limitations as pro- 101(a)(2) of H.R. 728 and for establishing crime section 240001(c) of the 1994 Act; of which vided by section 9104 of title 31, United States prevention programs involving cooperation be- $750,000 shall be for Motor Vehicle Theft Pre- Code, as may be necessary in carrying out the tween community residents and law enforcement vention Programs, as authorized by section program set forth in the budget for the current personnel in order to control, detect, or inves- 220002(h) of the 1994 Act; of which $30,000,000 fiscal year for such corporation, including pur- tigate crime or the prosecution of criminals: Pro- shall be for Drug Courts, as authorized by title chase of (not to exceed five for replacement vided, That no funds provided under this head- V of the 1994 Act; of which $1,000,000 shall be only) and hire of passenger motor vehicles. ing may be used as matching funds for any for Law Enforcement Family Support Programs, other Federal grant program: Provided further, LIMITATION ON ADMINISTRATIVE EXPENSES, as authorized by section 1001(a)(21) of the 1968 That $20,000,000 of this amount shall be for FEDERAL PRISON INDUSTRIES, INCORPORATED Act; of which $2,500,000 shall be for public Boys and Girls Clubs in public housing facilities awareness programs addressing marketing scams Not to exceed $3,266,000 of the funds of the and other areas in cooperation with State and corporation shall be available for its administra- aimed at senior citizens, as authorized by sec- local law enforcement: Provided further, That tion 250005(3) of the 1994 Act: Provided further, tive expenses, and for services as authorized by funds may also be used to defray the costs of in- 5 U.S.C. 3109, to be computed on an accrual That funds made available in fiscal year 1998 demnification insurance for law enforcement of- under subpart 1 of part E of title I of the 1968 basis to be determined in accordance with the ficers; of which $45,000,000 shall be for grants to corporation’s current prescribed accounting sys- Act may be obligated for programs to assist upgrade criminal records, as authorized by sec- States in the litigation processing of death pen- tem, and such amounts shall be exclusive of de- tion 106(b) of the Brady Handgun Violence Pre- preciation, payment of claims, and expenditures alty Federal habeas corpus petitions and for vention Act of 1993, as amended, and section drug testing initiatives: Provided further, That which the said accounting system requires to be 4(b) of the National Child Protection Act of capitalized or charged to cost of commodities ac- if a unit of local government uses any of the 1993; of which $34,500,000 shall be available as funds made available under this title to increase quired or produced, including selling and ship- authorized by section 1001 of title I of the 1968 ping expenses, and expenses in connection with the number of law enforcement officers, the unit Act, to carry out the provisions of subpart 1, of local government will achieve a net gain in acquisition, construction, operation, mainte- part E of title I of the 1968 Act notwithstanding nance, improvement, protection, or disposition the number of law enforcement officers who per- section 511 of said Act, for the Edward Byrne form nonadministrative public safety service. of facilities and other property belonging to the Memorial State and Local Law Enforcement As- JUVENILE BLOCK GRANTS corporation or in which it has an interest. sistance Programs; of which $420,000,000 shall be OFFICE OF JUSTICE PROGRAMS for the State Criminal Alien Assistance Pro- VIOLENT CRIME REDUCTION PROGRAMS For activities of the Juvenile Justice Block JUSTICE ASSISTANCE gram, as authorized by section 242(j) of the Im- Grant Program, $230,000,000, to remain available For grants, contracts, cooperative agreements, migration and Nationality Act, as amended; of which $720,500,000 shall be for Violent Offender until expended, which shall be derived from the and other assistance authorized by title I of the Violent Crime Reduction Trust Fund: Provided, Omnibus Crime Control and Safe Streets Act of Incarceration and Truth in Sentencing Incen- tive Grants pursuant to subtitle A of title II of That none of the funds appropriated or other- 1968, as amended, and the Missing Children’s wise made available by this Act for ‘‘Juvenile Assistance Act, as amended, including salaries the 1994 Act, of which $165,000,000 shall be available for payments to States for incarcer- Block Grants’’ may be obligated or expended and expenses in connection therewith, and with unless such obligation or expenditure is ex- the Victims of Crime Act of 1984, as amended, ation of criminal aliens, and of which $25,000,000 shall be available for the Cooperative pressly authorized by the enactment of a subse- and sections 819 and 821 of the Antiterrorism quent Act. and Effective Death Penalty Act of 1996, Agreement Program: Provided further, That WEED AND SEED PROGRAM FUND $173,600,000, to remain available until expended, funds made available for Violent Offender In- carceration and Truth in Sentencing Incentive For necessary expenses, including salaries as authorized by section 1001 of title I of the Grants to the State of California may, at the and related expenses of the Executive Office for Omnibus Crime Control and Safe Streets Act, as discretion of the recipient, be used for payments Weed and Seed, to implement ‘‘Weed and Seed’’ amended by Public Law 102–534 (106 Stat. 3524); for the incarceration of criminal aliens; of program activities, $33,500,000, for intergovern- of which $25,000,000 is for the National Sexual which $7,000,000 shall be for the Court Ap- mental agreements, including grants, coopera- Offender Registry. pointed Special Advocate Program, as author- tive agreements, and contracts, with State and STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE ized by section 218 of the 1990 Act; of which local law enforcement agencies engaged in the For grants, contracts, cooperative agreements, $2,000,000 shall be for Child Abuse Training Pro- investigation and prosecution of violent crimes and other assistance authorized by part E of grams for Judicial Personnel and Practitioners, and drug offenses in ‘‘Weed and Seed’’ des- title I of the Omnibus Crime Control and Safe as authorized by section 224 of the 1990 Act; of ignated communities, and for either reimburse- Streets Act of 1968, as amended, for State and which $172,000,000 shall be for Grants to Combat ments or transfers to appropriation accounts of Local Narcotics Control and Justice Assistance Violence Against Women, to States, units of the Department of Justice and other Federal Improvements, notwithstanding the provisions local government, and Indian tribal govern- agencies which shall be specified by the Attor- of section 511 of said Act, $512,500,000, to remain ments, as authorized by section 1001(a)(18) of ney General to execute the ‘‘Weed and Seed’’ available until expended, as authorized by sec- the 1968 Act, including $12,000,000 which shall program strategy: Provided, That funds des- tion 1001 of title I of said Act, as amended by be used exclusively for the purpose of strength- ignated by Congress through language for other Public Law 102–534 (106 Stat. 3524), of which ening civil and criminal legal assistance pro- Department of Justice appropriation accounts $46,500,000 shall be available to carry out the grams for victims of domestic violence: Provided for ‘‘Weed and Seed’’ program activities shall be provisions of chapter A of subpart 2 of part E of further, That, of these funds, $7,000,000 shall be managed and executed by the Attorney General title I of said Act, for discretionary grants under provided to the National Institute of Justice for through the Executive Office for Weed and the Edward Byrne Memorial State and Local research and evaluation of violence against Seed: Provided further, That the Attorney Gen- Law Enforcement Assistance Programs, of women and $853,000 shall be provided to the Of- eral may direct the use of other Department of which $2,097,000 shall be available to the Execu- fice of the United States Attorney for the Dis- Justice funds and personnel in support of tive Office of United States Attorneys to support trict of Columbia for domestic violence programs ‘‘Weed and Seed’’ program activities only after the National District Attorneys Association’s in D.C. Superior Court; of which $59,000,000 the Attorney General notifies the Committees on participation in legal education training at the shall be for Grants to Encourage Arrest Policies Appropriations of the House of Representatives National Advocacy Center. to States, units of local government, and Indian and the Senate in accordance with section 605 of VIOLENT CRIME REDUCTION PROGRAMS, STATE tribal governments, as authorized by section this Act. AND LOCAL LAW ENFORCEMENT ASSISTANCE 1001(a)(19) of the 1968 Act; of which $25,000,000 GAMBLING IMPACT STUDY COMMISSION For assistance (including amounts for admin- shall be for Rural Domestic Violence and Child SALARIES AND EXPENSES istrative costs for management and administra- Abuse Enforcement Assistance Grants, as au- For necessary expenses of the National Gam- tion, which amounts shall be transferred to and thorized by section 40295 of the 1994 Act; of bling Impact Study Commission, $1,000,000, to merged with the ‘‘Justice Assistance’’ account) which $2,000,000 shall be for training programs remain available until expended. authorized by the Violent Crime Control and to assist probation and parole officers who work Law Enforcement Act of 1994 (Public Law 103– with released sex offenders, as authorized by COMMUNITY ORIENTED POLICING SERVICES 322), as amended (‘‘the 1994 Act’’); the Omnibus section 40152(c) of the 1994 Act; of which VIOLENT CRIME REDUCTION PROGRAMS Crime Control and Safe Streets Act of 1968, as $1,000,000 shall be for grants for televised testi- For activities authorized by the Violent Crime amended (‘‘the 1968 Act’’); and the Victims of mony, as authorized by section 1001(a)(7) of the Control and Law Enforcement Act of 1994, Pub- Child Abuse Act of 1990, as amended (‘‘the 1990 1968 Act; of which $2,750,000 shall be for na- lic Law 103–322 (‘‘the 1994 Act’’) (including ad- Act’’); $2,383,400,000, to remain available until tional stalker and domestic violence reduction, ministrative costs), $1,400,000,000, to remain expended, which shall be derived from the Vio- as authorized by section 40603 of the 1994 Act; of available until expended, which shall be derived H10696 CONGRESSIONAL RECORD — HOUSE November 12, 1997 from the Violent Crime Reduction Trust Fund, testing, and demonstrating programs designed to vided, shall be increased by more than 10 per- for Public Safety and Community Policing reduce drug use among juveniles. cent by any such transfers: Provided, That any Grants pursuant to title I of the 1994 Act: Pro- In addition, $25,000,000 shall be available for transfer pursuant to this section shall be treated vided, That not to exceed 186 permanent posi- grants of $360,000 to each state and $6,640,000 as a reprogramming of funds under section 605 tions and 186 full-time equivalent workyears shall be available for discretionary grants to of this Act and shall not be available for obliga- and $20,553,000 shall be expended for program states, for programs and activities to enforce tion except in compliance with the procedures management and administration: Provided fur- state laws prohibiting the sale of alcoholic bev- set forth in that section. ther, That of the unobligated balances available erages to minors or the purchase or consumption SEC. 108. Section 524(c)(8)(E) of title 28, Unit- in this program, $103,000,000 shall be used for of alcoholic beverages by minors, prevention and ed States Code, is amended by striking ‘‘1996’’ innovative community policing programs, of reduction of consumption of alcoholic beverages and inserting ‘‘1997 and thereafter’’. which $38,000,000 shall be used for a law en- by minors, and for technical assistance and SEC. 109. (a) Section 1402(d) of the Victims of forcement technology program of which training. Crime Act of 1984, (42 U.S.C. 10601(d)), is $10,000,000 is for the North Carolina Criminal In addition, for grants, contracts, cooperative amended— Justice Information Network, $1,000,000 shall be agreement, and other assistance authorized by (1) by striking paragraph (1); and used for police recruitment programs authorized the Victims of Child Abuse Act of 1990, as (2) in paragraph (2), by striking ‘‘the next’’ under subtitle H of title III of the 1994 Act, amended, $7,000,000, to remain available until and inserting ‘‘The first’’. $34,000,000 shall be used for policing initiatives expended, as authorized by sections 214B of the (b) Any unobligated sums hitherto available to to combat methamphetamine production and Act. the judicial branch pursuant to the paragraph trafficking, $12,500,000 shall be used for the PUBLIC SAFETY OFFICERS BENEFITS repealed by section (a) shall be deemed to be de- Community Policing to Combat Domestic Vio- To remain available until expended, for pay- posits into the Crime Victims Fund as of the ef- lence Program pursuant to section 1701(d) of ments authorized by part L of title I of the Om- fective date hereof and may be used by the Di- part Q of the Omnibus Crime Control and Safe nibus Crime Control and Safe Streets Act of 1968 rector of the Office for Victims of Crime to im- Streets Act of 1968, as amended, $17,500,000 shall (42 U.S.C. 3796), as amended, such sums as are prove services for the benefit of crime victims, be used for other innovative community policing necessary, as authorized by section 6093 of Pub- including the processing and tracking of crimi- programs, such as programs to improve the safe- lic Law 100–690 (102 Stat. 4339–4340); and nal monetary penalties and related litigation ac- ty of elementary and secondary school children, $2,000,000 for the Federal Law Enforcement tivities, in the federal criminal justice system. reduce crime on or near elementary and second- Education Assistance Program, as authorized by SEC. 110. The Immigration and Nationality ary school grounds and policing initiatives in section 1212 of said Act. Act of 1952, as amended, is further amended— (a) by striking entirely section 286(s); drug ‘‘hot spots’’. GENERAL PROVISIONS—DEPARTMENT OF JUSTICE In addition, for programs of Police Corps edu- (b) in section 286(r) by— SEC. 101. In addition to amounts otherwise cation, training and service as set forth in sec- (1) adding ‘‘, and amount described in section made available in this title for official reception tions 200101–200113 of the Violent Crime Control 245(i)(3)(b)’’ after ‘‘recovered by the Department and representation expenses, a total of not to and Law Enforcement Act of 1994 (Public Law of Justice’’ in subsection (2); exceed $45,000 from funds appropriated to the 103–322), $30,000,000, to remain available until (2) replacing ‘‘Immigration and Naturaliza- Department of Justice in this title shall be avail- expended, which shall be derived from the Vio- tion Service’’ with ‘‘Attorney General’’ in sub- able to the Attorney General for official recep- lent Crime Reduction Trust Fund. section (3); and tion and representation expenses in accordance (3) striking subsection (4), and replacing it JUVENILE JUSTICE PROGRAMS with distributions, procedures, and regulations with, ‘‘The amounts required to be refunded For grants, contracts, cooperative agreements, established by the Attorney General. from the Fund for fiscal year 1998 and there- and other assistance authorized by the Juvenile SEC. 102. Authorities contained in the Depart- after shall be refunded in accordance with esti- Justice and Delinquency Prevention Act of 1974, ment of Justice Appropriation Authorization mates made in the budget request of the Presi- as amended, including salaries and expenses in Act, Fiscal Year 1980 (Public Law 96–132, 93 dent for those fiscal years. Any proposed connection therewith to be transferred to and Stat. 1040 (1979)), as amended, shall remain in changes in the amounts designated in such merged with the appropriations for Justice As- effect until the termination date of this Act or budget requests shall only be made after Con- sistance, $201,672,000, to remain available until until the effective date of a Department of Jus- gressional reprogramming notification in ac- expended, as authorized by section 299 of part I tice Appropriation Authorization Act, whichever cordance with the reprogramming guidelines for of title II and section 506 of title V of the Act, is earlier. the applicable fiscal year.’’; and as amended by Public Law 102–586, of which (1) SEC. 103. None of the funds appropriated by (c) in section 245(i)(3)(B), by replacing ‘‘Immi- notwithstanding any other provision of law, this title shall be available to pay for an abor- gration Detention Account established under $5,922,000 shall be available for expenses author- tion, except where the life of the mother would section 286(s)’’ with ‘‘Breached Bond/Detention ized by part A of title II of the Act, $96,500,000 be endangered if the fetus were carried to term, Fund established under section 286(r)’’. shall be available for expenses authorized by or in the case of rape: Provided, That should SEC. 111. (a) LIMITATION ON ELIGIBILITY part B of title II of the Act, and $45,250,000 shall this prohibition be declared unconstitutional by UNDER SECTION 245(i).—Section 245(i)(1) of the be available for expenses authorized by part C a court of competent jurisdiction, this section Immigration and Nationality Act (8 U.S.C. of title II of the Act: Provided, That $26,500,000 shall be null and void. 1255(i)(1)) is amended by striking ‘‘(i)(1)’’ of the amounts provided for part B of title II of SEC. 104. None of the funds appropriated through ‘‘The Attorney General’’ and inserting the Act, as amended, is for the purpose of pro- under this title shall be used to require any per- the following: viding additional formula grants under part B son to perform, or facilitate in any way the per- ‘‘(i)(1) Notwithstanding the provisions of sub- to States that provide assurances to the Admin- formance of, any abortion. sections (a) and (c) of this section, an alien istrator that the State has in effect (or will have SEC. 105. Nothing in the preceding section physically present in the United States— in effect no later than one year after date of ap- shall remove the obligation of the Director of the ‘‘(A) who— plication) policies and programs, that ensure Bureau of Prisons to provide escort services nec- ‘‘(i) entered the United States without inspec- that juveniles are subject to accountability- essary for a female inmate to receive such serv- tion; or based sanctions for every act for which they are ice outside the Federal facility: Provided, That ‘‘(ii) is within one of the classes enumerated adjudicated delinquent; (2) $12,000,000 shall be nothing in this section in any way diminishes in subsection (c) of this section; and available for expenses authorized by section 281 the effect of section 104 intended to address the ‘‘(B) who is the beneficiary of a petition for and 282 of part D of title II of the Act for pre- philosophical beliefs of individual employees of classification under section 204 that was filed vention and treatment programs relating to ju- the Bureau of Prisons. with the Attorney General or the Department of venile gangs; (3) $10,000,000 shall be available SEC. 106. Notwithstanding any other provision Labor for labor certification pursuant to section for expenses authorized by section 285 of part E of law, not to exceed $10,000,000 of the funds 212(a)(5)(i) on or before the date of the enact- of title II of the Act; (4) $12,000,000 shall be made available in this Act may be used to estab- ment of the Departments of Commerce, Justice, available for expenses authorized by part G of lish and publicize a program under which pub- and State, the Judiciary, and Related Agencies title II of the Act for juvenile mentoring pro- licly-advertised, extraordinary rewards may be Appropriations Act, 1998; grams; and (5) $20,000,000 shall be available for paid, which shall not be subject to spending lim- may apply to the Attorney General for the ad- expenses authorized by title V of the Act for in- itations contained in sections 3059 and 3072 of justment of his or her status to that of an alien centive grants for local delinquency prevention title 18, United States Code: Provided, That any lawfully admitted for permanent residence. The programs: Provided further, That upon the en- reward of $100,000 or more, up to a maximum of Attorney General’’. actment of reauthorization legislation for Juve- $2,000,000, may not be made without the per- (b) REPEAL OF SUNSET FOR SECTION 245(i).— nile Justice Programs under the Juvenile Justice sonal approval of the President or the Attorney Section 506(c) of the Departments of Commerce, and Delinquency Prevention Act of 1974, as General and such approval may not be dele- Justice, and State, the Judiciary, and Related amended, funding provisions in this Act shall gated. Agencies Appropriations Act, 1995 (Public Law from that date be subject to the provisions of SEC. 107. Not to exceed 5 percent of any ap- 103–317; 108 Stat. 1766) is amended to read as that legislation and any provisions in this Act propriation made available for the current fiscal follows: that are inconsistent with that legislation shall year for the Department of Justice in this Act, ‘‘(c) The amendment made by subsection (a) no longer have effect. including those derived from the Violent Crime shall take effect on October 1, 1994, and shall In addition, for grants, contracts, cooperative Reduction Trust Fund, may be transferred be- cease to have effect on October 1, 1997. The agreements, and other assistance, $5,000,000 to tween such appropriations, but no such appro- amendment made by subsection (b) shall take ef- remain available until expended, for developing, priation, except as otherwise specifically pro- fect on October 1, 1994.’’. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10697

(c) INAPPLICABILITY OF SECTION 245(c)(2) FOR ‘‘(A) the processing of applications for natu- after considering the recommendation of a board CERTAIN EMPLOYMENT-BASED IMMIGRANTS.— ralization, filed in accordance with the provi- composed of experts in the behavior and treat- Section 245 of the Immigration and Nationality sions of this section, including necessary inter- ment of sex offenders, victims’ rights advocates, Act (8 U.S.C. 1255) is amended— views, shall be conducted in the Philippines by and representatives of law enforcement agen- (1) in subsection (c)(2), by inserting ‘‘subject employees of the Service designated pursuant to cies. to subsection (k),’’ after ‘‘(2)’’; and section 335(b) of the Immigration and National- ‘‘(B) WAIVER.—The Attorney General may (2) by adding at the end the following: ity Act; and waive the requirements of subparagraph (A) if ‘‘(k) An alien is eligible to receive an immi- ‘‘(B) oaths of allegiance for applications for the Attorney General determines that the State grant visa under paragraph (1), (2), or (3) of naturalization under this section shall be ad- has established alternative procedures or legal section 203(b) or, in the case of an alien who is ministered in the Philippines by employees of standards for designating a person as a sexually an immigrant described in section 101(a)(27)(C), the Service designated pursuant to section 335(b) violent predator. under section 203(b)(4) pursuant to subsection of that Act. ‘‘(C) ALTERNATIVE MEASURES.—The Attorney (a) and notwithstanding subsection (c)(2), if— ‘‘(2) Notwithstanding paragraph (1), applica- General may also approve alternative measures ‘‘(1) the alien, on the date of filing an appli- tions for naturalization, including necessary of comparable or greater effectiveness in protect- cation for adjustment of status, is present in the interviews, may continue to be processed, and ing the public from unusually dangerous or United States pursuant to a lawful admission; oaths of allegiance may continue to be taken in recidivistic sexual offenders in lieu of the spe- ‘‘(2) the alien, subsequent to such lawful ad- the United States.’’. cific measures set forth in this section regarding mission has not, for an aggregate period exceed- (c) REPEAL.—Section 113 of the Departments sexually violent predators.’’; ing 180 days— of Commerce, Justice, and State, the Judiciary, (C) in paragraph (3)— ‘‘(A) failed to maintain, continuously, a law- and Related Agencies Appropriations Act, 1993 (i) in subparagraph (A), by striking ‘‘that ful status; (8 U.S.C. 1440 note), is repealed. consists of—’’ and inserting ‘‘in a range of of- ‘‘(B) engaged in unauthorized employment; or (d) EFFECTIVE DATE; TERMINATION DATE.— fenses specified by State law which is com- ‘‘(C) otherwise violated the terms and condi- (1) APPLICATION TO PENDING APPLICATIONS.— parable to or which exceeds the following range tions of the alien’s admission.’’. The amendments made by subsection (b) shall of offenses:’’; SEC. 112. (a) SHORT TITLE.—This section may apply to applications filed before February 3, (ii) in subparagraph (B), by striking ‘‘that be cited as the ‘‘Philippine Army, Scouts, and 1995. consists of’’ and inserting ‘‘in a range of of- Guerilla Veterans of World War II Naturaliza- (2) TERMINATION DATE.—The authority pro- fenses specified by State law which is com- tion Act of 1997’’. vided by the amendments made by subsection (b) parable to or which exceeds the range of of- (b) IN GENERAL.—Section 405 of the Immigra- shall expire February 3, 2001. tion and Nationality Act of 1990 (8 U.S.C. 1440 fenses encompassed by’’; and SEC. 113. Section 101(a)(27)(J) of the Immigra- (D) by adding at the end the following: note) is amended— (1) by striking subparagraph (B) of subsection tion and Nationality Act (8 U.S.C. ‘‘(F) The term ‘employed, carries on a voca- (a)(1) and inserting the following: 1101(a)(27)(J)) is amended to read as follows: tion’ includes employment that is full-time or ‘‘(B) who— ‘‘(J) an immigrant who is present in the Unit- part-time for a period of time exceeding 14 days ‘‘(i) is listed on the final roster prepared by ed States— or for an aggregate period of time exceeding 30 the Recovered Personnel Division of the United ‘‘(i) who has been declared dependent on a ju- days during any calendar year, whether finan- States Army of those who served honorably in venile court located in the United States or cially compensated, volunteered, or for the pur- an active duty status within the Philippine whom such a court has legally committed to, or pose of government or educational benefit. Army during the World War II occupation and placed under the custody of, an agency or de- ‘‘(G) The term ‘student’ means a person who liberation of the Philippines, partment of a State and who has been deemed is enrolled on a full-time or part-time basis, in ‘‘(ii) is listed on the final roster prepared by eligible by that court for long-term foster care any public or private educational institution, the Guerilla Affairs Division of the United due to abuse, neglect, or abandonment; including any secondary school, trade, or pro- States Army of those who received recognition ‘‘(ii) for whom it has been determined in ad- fessional institution, or institution of higher as having served honorably in an active duty ministrative or judicial proceedings that it education.’’. status within a recognized guerilla unit during would not be in the alien’s best interest to be re- (2) REQUIREMENTS UPON RELEASE, PAROLE, SU- the World War II occupation and liberation of turned to the alien’s or parent’s previous coun- PERVISED RELEASE, OR PROBATION.—Section the Philippines, or try of nationality or country of last habitual 170101(b) of the Violent Crime Control and Law ‘‘(iii) served honorably in an active duty sta- residence; and Enforcement Act of 1994 (42 U.S.C. 14071(b)) is tus within the Philippine Scouts or within any ‘‘(iii) in whose case the Attorney General ex- amended— other component of the United States Armed pressly consents to the dependency order serving (A) in paragraph (1)— Forces in the Far East (other than a component as a precondition to the grant of special immi- (i) by striking the paragraph designation and described in clause (i) or (ii)) at any time during grant juvenile status; heading and inserting the following: the period beginning September 1, 1939, and end- Except that— ‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’; ing December 31, 1946:’’; ‘‘(I) no juvenile court has jurisdiction to de- (ii) in subparagraph (A)— (2) by adding at the end of subsection (a) the termine the custody status or placement of an (I) in the matter preceding clause (i), by strik- following new paragraph: alien in the actual or constructive custody of ing ‘‘or in the case of probation, the court’’ and ‘‘(3)(A) For purposes of the second sentence of the Attorney General unless the Attorney Gen- inserting ‘‘the court, or another responsible offi- section 329(a) and section 329(b)(3) of the Immi- eral specifically consents to such jurisdiction; cer or official’’; gration and Nationality Act, the executive de- and (II) in clause (ii), by striking ‘‘give’’ and all partment under which a person served shall ‘‘(II) no natural parent or prior adoptive par- that follows before the semicolon and inserting be— ent of any alien provided special immigrant sta- ‘‘report the change of address as provided by ‘‘(i) in the case of an applicant claiming to tus under this subparagraph shall thereafter, by State law’’; and have served in the Philippine Army, the United virtue of such parentage, be accorded any right, (III) in clause (iii), by striking ‘‘shall register’’ States Department of the Army; privilege, or status under this Act; or’’. and all that follows before the semicolon and in- ‘‘(ii) in the case of an applicant claiming to SEC. 114. Not to exceed $200,000 of funds ap- serting ‘‘shall report the change of address as have served in a recognized guerilla unit, the propriated under section 1304 of title 31, United provided by State law and comply with any reg- United States Department of the Army; or States Code, shall be available for payment pur- istration requirement in the new State of resi- ‘‘(iii) in the case of an applicant claiming to suant to the Hearing Officer’s Report in United dence, and inform the person that the person have served in the Philippine Scouts or any States Court of Federal Claims No. 93–645X must also register in a State where the person is other component of the United States Armed (June 3, 1996) (see 35 Fed. Cl. 99 (March 7, employed, carries on a vocation, or is a stu- Forces in the Far East (other than a component 1996)). dent’’; and described in clause (i) or (ii)) at any time during SEC. 115. (a) STANDARDS FOR SEX OFFENDER (iii) in subparagraph (B), by striking ‘‘or the the period beginning September 1, 1939, and end- REGISTRATION PROGRAMS.— court’’ and inserting ‘‘, the court, or another re- ing December 31, 1946, the United States execu- (1) IN GENERAL.—Section 170101(a) of the Vio- sponsible officer or official’’; tive department (or successor thereto) that exer- lent Crime Control and Law Enforcement Act of (B) by striking paragraph (2) and inserting cised supervision over such component. 1994 (42 U.S.C. 14071(a)) is amended— the following: ‘‘(B) An executive department specified in (A) in paragraph (1)— ‘‘(2) TRANSFER OF INFORMATION TO STATE AND subparagraph (A) may not make a determina- (i) in subparagraph (A), by striking ‘‘with a FBI; PARTICIPATION IN NATIONAL SEX OFFENDER tion under the second sentence of section 329(a) designated State law enforcement agency’’; and REGISTRY.— with respect to the service or separation from (ii) in subparagraph (B), by striking ‘‘with a ‘‘(A) STATE REPORTING.—State procedures service of a person described in paragraph (1) designated State law enforcement agency’’; shall ensure that the registration information is except pursuant to a request from the Service.’’; (B) by striking paragraph (2) and inserting promptly made available to a law enforcement and the following: agency having jurisdiction where the person ex- (3) by adding at the end the following new ‘‘(2) DETERMINATION OF SEXUALLY VIOLENT pects to reside and entered into the appropriate subsection: PREDATOR STATUS; WAIVER; ALTERNATIVE MEAS- State records or data system. State procedures ‘‘(d) IMPLEMENTATION.—(1) Notwithstanding URES.— shall also ensure that conviction data and fin- any other provision of law, for purposes of the ‘‘(A) IN GENERAL.—A determination of wheth- gerprints for persons required to register are naturalization of natives of the Philippines er a person is a sexually violent predator for promptly transmitted to the Federal Bureau of under this section— purposes of this section shall be made by a court Investigation. H10698 CONGRESSIONAL RECORD — HOUSE November 12, 1997

‘‘(B) NATIONAL REPORTING.—A State shall (B) Section 170102(a)(3) of the Violent Crime ‘‘(3) The Director of the Bureau of Prisons participate in the national database established Control and Law Enforcement Act of 1994 (42 shall inform a person described in paragraph (4) under section 170102(b) in accordance with U.S.C. 14072(a)(3)) is amended— who is released from prison that the person guidelines issued by the Attorney General, in- (i) in subparagraph (A), by inserting ‘‘in a shall be subject to a registration requirement as cluding transmission of current address infor- range of offenses specified by State law which is a sex offender in any State in which the person mation and other information on registrants to comparable to or exceeds that’’ before ‘‘de- resides, is employed, carries on a vocation, or is the extent provided by the guidelines.’’; scribed’’; a student (as such terms are defined for pur- (C) in paragraph (3)(A)— (ii) by amending subparagraph (B) to read as poses of section 170101(a)(3) of the Violent Crime (i) in the matter preceding clause (i), by strik- follows: Control and Law Enforcement Act of 1994), and ing ‘‘on each’’ and all that follows through ‘‘(B) participates in the national database es- the same information shall be provided to a per- ‘‘applies:’’ and inserting the following: ‘‘State tablished under subsection (b) of this section in son described in paragraph (4) who is sentenced procedures shall provide for verification of ad- conformity with guidelines issued by the Attor- to probation by the probation officer responsible dress at least annually.’’; and ney General;’’; and for supervision of the person or in a manner (ii) by striking clauses (i) through (v); (iii) by amending subparagraph (C) to read as specified by the Director of the Administrative (D) in paragraph (4), by striking ‘‘section re- follows: Office of the United States Courts. ‘‘(C) provides for verification of address at ported’’ and all that follows before the period at ‘‘(4) A person is described in this paragraph if the end and inserting the following: ‘‘section least annually;’’. (C) Section 170102(i) of the Violent Crime Con- the person was convicted of any of the following shall be reported by the person in the manner offenses (including such an offense prosecuted provided by State law. State procedures shall trol and Law Enforcement Act of 1994 (42 U.S.C. 14072(i)) in the matter preceding paragraph (1), pursuant to section 1152 or 1153): ensure that the updated address information is ‘‘(A) An offense under section 1201 involving is amended by inserting ‘‘or pursuant to section promptly made available to a law enforcement a minor victim. 170101(b)(7)’’ after ‘‘subsection (g)’’. agency having jurisdiction where the person ‘‘(B) An offense under chapter 109A. (7) PAM LYCHNER SEXUAL OFFENDER TRACKING will reside and entered into the appropriate ‘‘(C) An offense under chapter 110. AND IDENTIFICATION ACT OF 1996.—Section 10 of State records or data system’’; ‘‘(D) An offense under chapter 117. the Pam Lychner Sexual Offender Tracking and (E) in paragraph (5), by striking ‘‘shall reg- ‘‘(E) Any other offense designated by the At- Identification Act of 1996 is amended by insert- ister’’ and all that follows before the period at torney General as a sexual offense for purposes ing at the end the following: the end and inserting ‘‘and who moves to an- of this subsection. ‘‘(d) EFFECTIVE DATE.—States shall be al- other State, shall report the change of address ‘‘(5) The United States and its agencies, offi- lowed the time specified in subsection (b) to es- to the responsible agency in the State the person cers, and employees shall be immune from liabil- tablish minimally sufficient sexual offender reg- is leaving, and shall comply with any registra- ity based on good faith conduct in carrying out istration programs for purposes of the amend- tion requirement in the new State of residence. this subsection and subsection (b).’’. ments made by section 2. Subsections (c) and (k) The procedures of the State the person is leav- (B)(i) Section 3563(a) of title 18, United States of section 170102 of the Violent Crime Control ing shall ensure that notice is provided promptly Code, is amended by striking the matter at the and Law Enforcement Act of 1994, and any re- to an agency responsible for registration in the end of paragraph (7) beginning with ‘‘The re- quirement to issue related regulations, shall new State, if that State requires registration’’; sults of a drug test’’ and all that follows take effect at the conclusion of the time pro- and through the end of such paragraph and insert- vided under this subsection for the establish- (F) by adding at the end the following: ing that matter at the end of section 3563. ment of minimally sufficient sexual offender reg- ‘‘(7) REGISTRATION OF OUT-OF-STATE OFFEND- (ii) The matter inserted by subparagraph (A) istration programs.’’. ERS, FEDERAL OFFENDERS, PERSONS SENTENCED at the end of section 3563 is amended— (8) FEDERAL OFFENDERS AND MILITARY PER- BY COURTS MARTIAL, AND OFFENDERS CROSSING (I) by striking ‘‘The results of a drug test’’ SONNEL.—(A) Section 4042 of title 18, United STATE BORDERS.—As provided in guidelines is- and inserting the following: States Code, is amended— sued by the Attorney General, each State shall (i) in subsection (a)(5), by striking ‘‘subsection ‘‘(e) RESULTS OF DRUG TESTING.—The results include in its registration program residents who (b)’’ and inserting ‘‘subsections (b) and (c)’’; of a drug test’’; and were convicted in another State and shall en- (ii) in subsection (b), by striking paragraph (II) by striking ‘‘paragraph (4)’’ each place it sure that procedures are in place to accept reg- (4); appears and inserting ‘‘subsection (a)(5)’’. istration information from— (iii) by redesignating subsection (c) as sub- (iii) Section 3563(a) of title 18, United States ‘‘(A) residents who were convicted in another section (d); and Code, is amended— State, convicted of a Federal offense, or sen- (iv) by inserting after subsection (b) the fol- (I) so that paragraphs (6) and (7) appear in tenced by a court martial; and lowing: numerical order immediately after paragraph ‘‘(B) nonresident offenders who have crossed ‘‘(c) NOTICE OF SEX OFFENDER RELEASE.—(1) (5); into another State in order to work or attend In the case of a person described in paragraph (II) by striking ‘‘and’’ at the end of para- school.’’. (4) who is released from prison or sentenced to graph (6); (3) REGISTRATION OF OFFENDER CROSSING probation, notice shall be provided to— (III) in paragraph (7), by striking ‘‘assess- STATE BORDER.—Section 170101 of the Violent ‘‘(A) the chief law enforcement officer of the ments.’’ and inserting ‘‘assessments; and’’; and Crime Control and Law Enforcement Act of 1994 State and of the local jurisdiction in which the (IV) by inserting immediately after paragraph (42 U.S.C. 14071) is amended by redesignating person will reside; and (7) (as moved by clause (i)) the following new subsections (c) through (f) as (d) through (g), ‘‘(B) a State or local agency responsible for paragraph: respectively, and inserting after subsection (b) the receipt or maintenance of sex offender reg- ‘‘(8) for a person described in section the following: istration information in the State or local juris- 4042(c)(4), that the person report the address ‘‘(c) REGISTRATION OF OFFENDER CROSSING diction in which the person will reside. where the person will reside and any subsequent STATE BORDER.—Any person who is required The notice requirements under this subsection change of residence to the probation officer re- under this section to register in the State in do not apply in relation to a person being pro- sponsible for supervision, and that the person which such person resides shall also register in tected under chapter 224. register in any State where the person resides, is any State in which the person is employed, car- ‘‘(2) Notice provided under paragraph (1) employed, carries on a vocation, or is a student ries on a vocation, or is a student.’’. shall include the information described in sub- (as such terms are defined under section (4) RELEASE OF INFORMATION.—Section section (b)(2), the place where the person will 170101(a)(3) of the Violent Crime Control and 170101(e)(2) of the Violent Crime Control and reside, and the information that the person Law Enforcement Act of 1994).’’. Law Enforcement Act of 1994 (42 U.S.C. shall be subject to a registration requirement as (iv) Section 3583(d) of title 18, United States 14071(e)(2)), as redesignated by subsection (c) of a sex offender. For a person who is released Code, is amended by inserting after the second this section, is amended by striking ‘‘The des- from the custody of the Bureau of Prisons sentence the following: ‘‘The court shall order, ignated’’ and all that follows through ‘‘State whose expected place of residence following re- as an explicit condition of supervised release for agency’’ and inserting ‘‘The State or any agen- lease is known to the Bureau of Prisons, notice a person described in section 4042(c)(4), that the cy authorized by the State’’. shall be provided at least 5 days prior to release person report the address where the person will (5) IMMUNITY FOR GOOD FAITH CONDUCT.—Sec- by the Director of the Bureau of Prisons. For a reside and any subsequent change of residence tion 170101(f) of the Violent Crime Control and person who is sentenced to probation, notice to the probation officer responsible for super- Law Enforcement Act of 1994 (42 U.S.C. shall be provided promptly by the probation of- vision, and that the person register in any State 14071(f)), as redesignated by subsection (c) of ficer responsible for the supervision of the per- where the person resides, is employed, carries on this section, is amended by striking ‘‘, and State son, or in a manner specified by the Director of a vocation, or is a student (as such terms are de- officials’’ and inserting ‘‘and independent con- the Administrative Office of the United States fined under section 170101(a)(3) of the Violent tractors acting at the direction of such agencies, Courts. Notice concerning a subsequent change Crime Control and Law Enforcement Act of and State officials’’. of residence by a person described in paragraph 1994).’’. (6) FBI REGISTRATION.—(A) Section (4) during any period of probation, supervised (v) Section 4209(a) of title 18, United States 170102(a)(2) of the Violent Crime Control and release, or parole shall also be provided to the Code, insofar as such section remains in effect Law Enforcement Act of 1994 (42 U.S.C. agencies and officers specified in paragraph (1) with respect to certain individuals, is amended 14072(a)(2)) is amended by striking ‘‘and ‘preda- by the probation officer responsible for the su- by inserting after the first sentence the follow- tory’ ’’ and inserting the following: ‘‘ ‘preda- pervision of the person, or in a manner specified ing: ‘‘In every case, the Commission shall impose tory’, ‘employed, or carries on a vocation’, and by the Director of the Administrative Office of as a condition of parole for a person described ‘student’ ’’. the United States Courts. in section 4042(c)(4), that the parolee report the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10699 address where the parolee will reside and any tional 2 years to a State that is making good and ‘‘sexually violent predator’’ have the mean- subsequent change of residence to the probation faith efforts to implement these amendments. ings given those terms in section 170101(a) of the officer responsible for supervision, and that the SEC. 116. (a) IN GENERAL.—Section 610(b) of Violent Crime Control and Law Enforcement parolee register in any State where the parolee the Departments of Commerce, Justice, and Act of 1994 (42 U.S.C. 14071(a)); resides, is employed, carries on a vocation, or is State, the Judiciary, and Related Agencies Ap- (2) the term ‘‘DNA’’ means deoxyribonucleic a student (as such terms are defined under sec- propriations Act, 1993 (8 U.S.C. 1153; Public acid; and tion 170101(a)(3) of the Violent Crime Control Law 102–395) is amended— (3) the term ‘‘sex offender’’ means an individ- and Law Enforcement Act of 1994).’’. (1) by striking ‘‘300’’ and inserting ‘‘3,000’’; ual who— (C)(i) The Secretary of Defense shall specify and (A) has been convicted in Federal court of— categories of conduct punishable under the Uni- (2) by striking ‘‘five years’’ and inserting (i) a criminal offense against a victim who is form Code of Military Justice which encompass ‘‘seven years’’. a minor; or a range of conduct comparable to that described (b) EFFECTIVE DATE.—The amendment made (ii) a sexually violent offense; or (B) is a sexually violent predator. in section 170101(a)(3)(A) and (B) of the Violent by subsection (a)(2) shall be deemed to have be- (b) REPORT.—From amounts made available to come effective on October 6, 1992. Crime Control and Law Enforcement Act of 1994 the Department of Justice under this title, not (42 U.S.C. 14071(a)(3)(A) and (B)), and such SEC. 117. For fiscal year 1998, the Attorney General shall provide a magnetometer and not later than 180 days after the date of enactment other conduct as the Secretary deems appro- of this Act, the Attorney General shall submit to priate for inclusion for purposes of this subpara- less than one qualified guard at each unsecured entrance to the real property (including offices, Congress a report, which shall include a plan graph. for the implementation of a requirement that, (ii) In relation to persons sentenced by a court buildings, and related grounds and facilities) prior to the release (including probation, parole, martial for conduct in the categories specified that is leased to the United States as a place of or any other supervised release) of any sex of- under clause (i), the Secretary shall prescribe employment for Federal employees at 625 Silver, fender from Federal custody following a convic- procedures and implement a system to— S.W., in Albuquerque, New Mexico for the dura- tion for a criminal offense against a victim who (I) provide notice concerning the release from tion of time that Department of Justice employ- is a minor or a sexually violent offense, the sex confinement or sentencing of such persons; ees are occupants of this building, after which (II) inform such persons concerning registra- the General Services Administration shall pro- offender shall provide a DNA sample to the ap- tion obligations; and vide the same level of security equipment and propriate law enforcement agency for inclusion (III) track and ensure compliance with reg- personnel at this location until the date on in a national law enforcement DNA database. (c) PLAN REQUIREMENTS.—The plan submitted istration requirements by such persons during which the new Albuquerque federal building is under subsection (b) shall include recommenda- any period of parole, probation, or other condi- occupied. tions concerning— tional release or supervision related to the of- EC. 118. Section 203(p)(1) of the Federal S (1) a system for— fense. Property and Administrative Services Act of 1949 (A) the collection of DNA samples from any (iii) The procedures and requirements estab- (40 U.S.C. 484(p)(1)) is amended— sex offender; lished by the Secretary under this subparagraph (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and (B) the analysis of the collected samples for shall, to the maximum extent practicable, be (2) by adding at the end the following new DNA and other genetic typing analysis; and consistent with those specified for Federal of- subparagraph: (C) making the DNA and other genetic typing fenders under the amendments made by sub- ‘‘(B)(i) The Administrator may exercise the information available for law enforcement pur- paragraphs (A) and (B). authority under subparagraph (A) with respect poses only; (iv) If a person within the scope of this sub- to such surplus real and related property needed (2) guidelines for coordination with existing paragraph is confined in a facility under the by the transferee or grantee for— Federal and State DNA and genetic typing in- control of the Bureau of Prisons at the time of ‘‘(I) law enforcement purposes, as determined formation databases and for Federal coopera- release, the Bureau of Prisons shall provide no- by the Attorney General; or tion with State and local law in sharing this in- tice of release and inform the person concerning ‘‘(II) emergency management response pur- formation; registration obligations under the procedures poses, including fire and rescue services, as de- (3) addressing constitutional, privacy, and re- specified in section 4042(c) of title 18, United termined by the Director of the Federal Emer- lated concerns in connection with the manda- States Code. gency Management Agency. tory submission of DNA samples; and (9) PROTECTED WITNESS REGISTRATION.—Sec- ‘‘(ii) The authority provided under this sub- (4) procedures and penalties for the preven- tion 3521(b)(1) of title 18, United States Code, is paragraph shall terminate on December 31, tion of improper disclosure or dissemination of amended— 1999.’’. DNA or other genetic typing information. (A) by striking ‘‘and’’ at the end of subpara- SEC. 119. Section 1701(b)(2)(A) of title I of the SEC. 123. (a) Notwithstanding any other provi- graph (G); Omnibus Crime Control and Safe Streets Act of sion of law relating to position classification or (B) by redesignating subparagraph (H) as sub- 1968 (42 U.S.C. 3796dd) is amended to read as employee pay or performance, during the 3-year paragraph (I); and follows— period beginning on the date of enactment of (C) by inserting after subparagraph (G) the ‘‘(A) may not exceed 20 percent of the funds this Act, the Director of the Federal Bureau of following: available for grants pursuant to this subsection Investigation may, with the approval of the At- ‘‘(H) protect the confidentiality of the identity in any fiscal year.’’. torney General, establish a personnel manage- and location of persons subject to registration SEC. 120. Section 212(a)(1) of the Immigration ment system providing for the compensation and requirements as convicted offenders under Fed- and Nationality Act (8 U.S.C. 1182(a)(1)) is performance management of not more than 3,000 eral or State law, including prescribing alter- amended— non-Special Agent employees to fill critical sci- native procedures to those otherwise provided by (1) in subparagraph (A)(ii), by inserting ‘‘ex- entific, technical, engineering, intelligence ana- Federal or State law for registration and track- cept as provided in subparagraph (C),’’ after lyst, language translator, and medical positions ing of such persons; and’’. ‘‘(ii)’’; and in the Federal Bureau of Investigation. (b) SENSE OF CONGRESS AND REPORT RELATING (2) by adding at the end the following: (b) Except as otherwise provided by law, no TO STALKING LAWS.— ‘‘(C) EXCEPTION FROM IMMUNIZATION RE- employee compensated under any system estab- (1) SENSE OF CONGRESS.—It is the sense of QUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF lished under this section may be paid at a rate Congress that each State should have in effect AGE OR YOUNGER.—Clause (ii) of subparagraph in excess of the rate payable for a position at a law that makes it a crime to stalk any individ- (A) shall not apply to a child who— level III of the Executive Schedule. ual, especially children, without requiring that ‘‘(i) is 10 years of age or younger, (c) Total payments to employees under any such individual be physically harmed or ab- ‘‘(ii) is described in section 101(b)(1)(F), and system established under this section shall be ducted before a stalker is restrained or pun- ‘‘(iii) is seeking an immigrant visa as an imme- subject to the limitation on payments to employ- ished. diate relative under section 201(b), ees set forth in section 5307 of title 5, United (2) REPORT.—The Attorney General shall in- if, prior to the admission of the child, an adop- States Code. clude in an annual report under section 40610 of tive parent or prospective adoptive parent of the (d) Not later than 90 days after the date of en- the Violent Crime Control and Law Enforcement child, who has sponsored the child for admis- actment of this Act, the Director of the Federal Act of 1994 (42 U.S.C. 14039) information con- sion as an immediate relative, has executed an Bureau of Investigation shall submit to the cerning existing or proposed State laws and pen- affidavit stating that the parent is aware of the Committees on Appropriations and the Commit- alties for stalking crimes against children. provisions of subparagraph (A)(ii) and will en- tees on the Judiciary of the House of Represent- (c) EFFECTIVE DATE.—This section shall take sure that, within 30 days of the child’s admis- atives and the Senate, the Committee on Gov- effect on the date of the enactment of this Act, sion, or at the earliest time that is medically ap- ernment Reform and Oversight of the House of except that— propriate, the child will receive the vaccinations Representatives, and the Committee on Govern- (1) subparagraphs (A), (B), and (C) of sub- identified in such subparagraph.’’. mental Affairs of the Senate, an operating plan section (a)(8) shall take effect 1 year after the SEC. 121. Section 233(d) of the Antiterrorism describing the Director’s intended use of the au- date of the enactment of this Act; and and Effective Death Penalty Act of 1996 (110 thority under this section, and identifying any (2) States shall have 3 years from such date of Stat. 1245) is amended by striking ‘‘1 year after provisions of title 5, United States Code, being enactment to implement amendments made by the date of enactment of this Act’’ and inserting waived for purposes of any personnel manage- this Act which impose new requirements under ‘‘October 1, 1999’’. ment system to be established by the Director the Jacob Wetterling Crimes Against Children SEC. 122. (a) DEFINITIONS.—In this section— under this section. and Sexually Violent Offender Registration Act, (1) the terms ‘‘criminal offense against a vic- (e) Any performance management system es- and the Attorney General may grant an addi- tim who is a minor’’, ‘‘sexually violent offense’’, tablished under this section shall have not less H10700 CONGRESSIONAL RECORD — HOUSE November 12, 1997

than 2 levels of performance above a retention and 1997,’’ and inserting ‘‘and 1996,’’ in place EXPORT ADMINISTRATION standard. thereof. OPERATIONS AND ADMINISTRATION (f) Not later than March 31, 2000, the Director This title may be cited as the ‘‘Department of of the Federal Bureau of Investigation shall Justice Appropriations Act, 1998’’. For necessary expenses for export administra- submit to Congress an evaluation of the per- TITLE II—DEPARTMENT OF COMMERCE tion and national security activities of the De- formance management system established under AND RELATED AGENCIES partment of Commerce, including costs associ- this section, which shall include— ated with the performance of export administra- (1) a comparison of— TRADE AND INFRASTRUCTURE DEVELOPMENT tion field activities both domestically and (A) the compensation, benefits, and perform- RELATED AGENCIES abroad; full medical coverage for dependent ance management provisions governing person- OFFICE OF THE UNITED STATES TRADE members of immediate families of employees sta- nel of similar employment classification series in REPRESENTATIVE tioned overseas; employment of Americans and other departments and agencies of the Federal aliens by contract for services abroad; rental of SALARIES AND EXPENSES Government; and space abroad for periods not exceeding ten (B) the costs, consistent with standards pre- For necessary expenses of the Office of the years, and expenses of alteration, repair, or im- scribed in Office of Management and Budget United States Trade Representative, including provement; payment of tort claims, in the man- Circular A–76, of contracting for any services the hire of passenger motor vehicles and the em- ner authorized in the first paragraph of 28 provided through those departments and agen- ployment of experts and consultants as author- U.S.C. 2672 when such claims arise in foreign cies; and ized by 5 U.S.C. 3109, $23,450,000, of which countries; not to exceed $15,000 for official rep- (2) if appropriate, a recommendation for legis- $2,500,000 shall remain available until expended: resentation expenses abroad; awards of com- lation to extend the authority under this sec- Provided, That not to exceed $98,000 shall be pensation to informers under the Export Admin- tion. available for official reception and representa- istration Act of 1979, and as authorized by 22 (g) Notwithstanding any other provision of tion expenses: Provided further, That the total U.S.C. 401(b); purchase of passenger motor vehi- law, the Secretary of the Treasury shall have number of political appointees on board as of cles for official use and motor vehicles for law the same authority provided to the Office of May 1, 1998, shall not exceed 25 positions. enforcement use with special requirement vehi- Personnel Management under section 4703 of INTERNATIONAL TRADE COMMISSION cles eligible for purchase without regard to any title 5, United States Code, to establish, in the SALARIES AND EXPENSES price limitation otherwise established by law; discretion of the Secretary, demonstration $43,900,000 to remain available until expended, projects for a period of 3 years, for not to exceed For necessary expenses of the International Trade Commission, including hire of passenger of which $1,900,000 shall be for inspections and a combined total of 950 employees, to fill critical other activities related to national security: Pro- scientific, technical, engineering, intelligence motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official vided, That the provisions of the first sentence analyst, language translator, and medical posi- of section 105(f) and all of section 108(c) of the tions in the Bureau of Alcohol, Tobacco and reception and representation expenses, $41,200,000 to remain available until expended. Mutual Educational and Cultural Exchange Act Firearms, the United States Customs Service, of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall and the United States Secret Service. DEPARTMENT OF COMMERCE apply in carrying out these activities: Provided (h) The authority under this section shall ter- INTERNATIONAL TRADE ADMINISTRATION further, That payments and contributions col- minate 3 years after the date of enactment of lected and accepted for materials or services pro- this Act. OPERATIONS AND ADMINISTRATION vided as part of such activities may be retained SEC. 124. (a) IN GENERAL.—Section 3626 of title For necessary expenses for international trade for use in covering the cost of such activities, 18, United States Code, is amended— activities of the Department of Commerce pro- (1) in subsection (a)— vided for by law, and engaging in trade pro- and for providing information to the public with (A) in paragraph (1)(B)(i), by striking ‘‘per- motional activities abroad, including expenses of respect to the export administration and na- mits’’ and inserting ‘‘requires’’; and grants and cooperative agreements for the pur- tional security activities of the Department of (B) in paragraph (3)— pose of promoting exports of United States firms, Commerce and other export control programs of (i) in subparagraph (A), by striking ‘‘no pris- without regard to 44 U.S.C. 3702 and 3703; full the United States and other governments. oner release order shall be entered unless’’ and medical coverage for dependent members of im- ECONOMIC DEVELOPMENT ADMINISTRATION inserting ‘‘no court shall enter a prisoner release mediate families of employees stationed overseas order unless’’; and and employees temporarily posted overseas; ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS (ii) in subparagraph (F)— travel and transportation of employees of the For grants for economic development assist- (I) by inserting ‘‘including a legislator’’ after United States and Foreign Commercial Service ance as provided by the Public Works and Eco- ‘‘local official’’; and between two points abroad, without regard to 49 (II) by striking ‘‘program’’ and inserting nomic Development Act of 1965, as amended, U.S.C. 1517; employment of Americans and Public Law 91–304, and such laws that were in ‘‘prison’’; aliens by contract for services; rental of space (2) in subsection (b)(3), by striking ‘‘current or effect immediately before September 30, 1982, abroad for periods not exceeding ten years, and ongoing’’ and inserting ‘‘current and ongoing’’; and for trade adjustment assistance, expenses of alteration, repair, or improvement; (3) in subsection (e)— $340,000,000: Provided, That none of the funds (A) in paragraph (1), by adding at the end the purchase or construction of temporary demount- appropriated or otherwise made available under following: ‘‘Mandamus shall lie to remedy any able exhibition structures for use abroad; pay- this heading may be used directly or indirectly failure to issue a prompt ruling on such a mo- ment of tort claims, in the manner authorized in for attorneys’ or consultants’ fees in connection tion.’’; the first paragraph of 28 U.S.C. 2672 when such with securing grants and contracts made by the (B) in paragraph (2), by striking ‘‘Any pro- claims arise in foreign countries; not to exceed Economic Development Administration: Pro- spective relief subject to a pending motion shall $327,000 for official representation expenses vided further, That, notwithstanding any other be automatically stayed’’ and inserting ‘‘Any abroad; purchase of passenger motor vehicles for provision of law, the Secretary of Commerce motion to modify or terminate prospective relief official use abroad, not to exceed $30,000 per ve- may provide financial assistance for projects to made under subsection (b) shall operate as a hicle; obtain insurance on official motor vehi- be located on military installations closed or stay’’; and cles; and rent tie lines and teletype equipment; scheduled for closure or realignment to grantees (C) by adding at the end the following: $283,066,000, to remain available until expended: eligible for assistance under the Public Works ‘‘(3) POSTPONEMENT OF AUTOMATIC STAY.— Provided, That of the $287,866,000 provided for and Economic Development Act of 1965, as The court may postpone the effective date of an in direct obligations (of which $283,066,000 is ap- amended, without it being required that the automatic stay specified in subsection (e)(2)(A) propriated from the General Fund, and grantee have title or ability to obtain a lease for for not more than 60 days for good cause. No $4,800,000 is derived from unobligated balances the property, for the useful life of the project, postponement shall be permissible because of and deobligations from prior years), $58,986,000 when in the opinion of the Secretary of Com- general congestion of the court’s calendar. shall be for Trade Development, $17,340,000 shall merce, such financial assistance is necessary for ‘‘(4) ORDER BLOCKING THE AUTOMATIC STAY.— be for the Market Access and Compliance, the economic development of the area: Provided Any order staying, suspending, delaying, or $28,770,000 shall be for the Import Administra- further, That the Secretary of Commerce may, barring the operation of the automatic stay de- tion, $171,070,000 shall be for the United States as the Secretary considers appropriate, consult scribed in paragraph (2) (other than an order to and Foreign Commercial Service, and $11,700,000 with the Secretary of Defense regarding the title postpone the effective date of the automatic stay shall be for Executive Direction and Administra- to land on military installations closed or sched- under paragraph (3)) shall be treated as an tion: Provided further, That the provisions of uled for closure or realignment. order refusing to dissolve or modify an injunc- the first sentence of section 105(f) and all of sec- SALARIES AND EXPENSES tion and shall be appealable pursuant to section tion 108(c) of the Mutual Educational and Cul- 1292(a)(1) of title 28, United States Code, regard- tural Exchange Act of 1961 (22 U.S.C. 2455(f) For necessary expenses of administering the less of how the order is styled or whether the and 2458(c)) shall apply in carrying out these economic development assistance programs as order is termed a preliminary or a final ruling.’’. activities without regard to section 5412 of the provided for by law, $21,028,000: Provided, That (b) EFFECTIVE DATE.—The amendments made Omnibus Trade and Competitiveness Act of 1988 these funds may be used to monitor projects ap- by this Act shall take effect upon the date of the (15 U.S.C. 4912); and that for the purpose of this proved pursuant to title I of the Public Works enactment of this Act and shall apply to pend- Act, contributions under the provisions of the Employment Act of 1976, as amended, title II of ing cases. Mutual Educational and Cultural Exchange Act the Trade Act of 1974, as amended, and the SEC. 125. Section 524(c)(8)(B) of title 28, Unit- shall include payment for assessments for serv- Community Emergency Drought Relief Act of ed States Code, is amended by deleting ‘‘1996, ices provided as part of these activities. 1977. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10701

MINORITY BUSINESS DEVELOPMENT AGENCY $1,500,000 shall be available for program admin- program on green buildings; and of which not to MINORITY BUSINESS DEVELOPMENT istration as authorized by section 391 of the Act: exceed $1,625,000 may be transferred to the For necessary expenses of the Department of Provided further, That notwithstanding the ‘‘Working Capital Fund’’. Commerce in fostering, promoting, and develop- provisions of section 391 of the Act, the prior INDUSTRIAL TECHNOLOGY SERVICES ing minority business enterprise, including ex- year unobligated balances may be made avail- For necessary expenses of the Manufacturing penses of grants, contracts, and other agree- able for grants for projects for which applica- Extension Partnership of the National Institute ments with public or private organizations, tions have been submitted and approved during of Standards and Technology, $113,500,000, to $25,000,000. any fiscal year: Provided further, That, not- remain available until expended, of which not withstanding any other provision of law, the ECONOMIC AND INFORMATION INFRASTRUCTURE to exceed $300,000 may be transferred to the Pan-Pacific Education and Communication Ex- ‘‘Working Capital Fund’’: Provided, That not- ECONOMIC AND STATISTICAL ANALYSIS periments by Satellite (PEACESAT) Program is withstanding the time limitations imposed by 15 SALARIES AND EXPENSES eligible to compete for Public Broadcasting Fa- U.S.C. 278k(c) (1) and (5) on the duration of For necessary expenses, as authorized by law, cilities, Planning and Construction funds. Federal financial assistance that may be award- of economic and statistical analysis programs of INFORMATION INFRASTRUCTURE GRANTS ed by the Secretary of Commerce to Regional the Department of Commerce, $47,499,000, to re- For grants authorized by section 392 of the Centers for the transfer of Manufacturing Tech- main available until September 30, 1999. Communications Act of 1934, as amended, nology (‘‘Centers’’), such Federal financial as- ECONOMICS AND STATISTICS ADMINISTRATION $20,000,000, to remain available until expended sistance for a Center may continue beyond six REVOLVING FUND as authorized by section 391 of the Act, as years and may be renewed for additional peri- The Secretary of Commerce is authorized to amended: Provided, That not to exceed ods, not to exceed one year, at a rate not to ex- disseminate economic and statistical data prod- $3,000,000 shall be available for program admin- ceed one-third of the Center’s total annual ucts as authorized by sections 1, 2, and 4 of istration and other support activities as author- costs, subject before any such renewal to a posi- Public Law 91–412 (15 U.S.C. 1525–1527) and, ized by section 391: Provided further, That of tive evaluation of the Center and to a finding by notwithstanding section 5412 of the Omnibus the funds appropriated herein, not to exceed 5 the Secretary of Commerce that continuation of Trade and Competitiveness Act of 1988 (15 percent may be available for telecommunications Federal funding to the Center is in the best in- U.S.C. 4912), charge fees necessary to recover research activities for projects related directly to terest of the Regional Centers for the transfer of the full costs incurred in their production. Not- the development of a national information in- Manufacturing Technology Program: Provided withstanding 31 U.S.C. 3302, receipts received frastructure: Provided further, That, notwith- further, That the Center’s most recent perform- from these data dissemination activities shall be standing the requirements of section 392(a) and ance evaluation is positive, and the Center has credited to this account, to be available for car- 392(c) of the Act, these funds may be used for submitted a reapplication which has success- rying out these purposes without further appro- the planning and construction of telecommuni- fully passed merit review. priation. cations networks for the provision of edu- In addition, for necessary expenses of the Ad- cational, cultural, health care, public informa- BUREAU OF THE CENSUS vanced Technology Program of the National In- tion, public safety, or other social services. stitute of Standards and Technology, SALARIES AND EXPENSES PATENT AND TRADEMARK OFFICE $192,500,000, to remain available until expended, For expenses necessary for collecting, compil- SALARIES AND EXPENSES of which not to exceed $82,000,000 shall be avail- ing, analyzing, preparing, and publishing sta- able for the award of new grants, and of which tistics, provided for by law, $137,278,000. For necessary expenses of the Patent and Trademark Office provided for by law, including not to exceed $500,000 may be transferred to the PERIODIC CENSUSES AND PROGRAMS defense of suits instituted against the Commis- ‘‘Working Capital Fund’’. For expenses necessary to conduct the decen- sioner of Patents and Trademarks, $691,000,000, CONSTRUCTION OF RESEARCH FACILITIES nial census, $388,074,000, to remain available to remain available until expended: Provided, until expended. For construction of new research facilities, in- That of this amount, $664,000,000 shall be de- cluding architectural and engineering design, In addition, for expenses to collect and pub- rived from offsetting collections assessed and lish statistics for other periodic censuses and and for renovation of existing facilities, not oth- collected pursuant to 15 U.S.C. 1113 and 35 erwise provided for the National Institute of programs provided for by law, $165,926,000, to U.S.C. 41 and 376 and shall be retained and remain available until expended. Standards and Technology, as authorized by 15 used for necessary expenses in this appropria- U.S.C. 278c–278e, $95,000,000, to remain available NATIONAL TELECOMMUNICATIONS AND tion: Provided further, That the sum herein ap- until expended: Provided, That of the amounts INFORMATION ADMINISTRATION propriated from the General Fund shall be re- provided under this heading, $78,308,000 shall be SALARIES AND EXPENSES duced as such offsetting collections are received available for obligation and expenditure only For necessary expenses, as provided for by during fiscal year 1998 from the General Fund after submission of a plan for the expenditure of law, of the National Telecommunications and estimated at $0: Provided further, That during these funds, in accordance with section 605 of Information Administration (NTIA), $16,550,000, fiscal year 1998, should the total amount of off- this Act. to remain available until expended: Provided, setting fee collections be less than $664,000,000, NATIONAL OCEANIC AND ATMOSPHERIC That notwithstanding 31 U.S.C. 1535(d), the the total amounts available to the Patent and ADMINISTRATION Secretary of Commerce shall charge Federal Trademark Office shall be reduced accordingly: agencies for costs incurred in spectrum manage- Provided further, That any fees received in ex- OPERATIONS, RESEARCH, AND FACILITIES ment, analysis, and operations, and related cess of $664,000,000 in fiscal year 1998 shall re- (INCLUDING TRANSFERS OF FUNDS) main available until expended, but shall not be services and such fees shall be retained and For necessary expenses of activities author- available for obligation until October 1, 1998: used as offsetting collections for costs of such ized by law for the National Oceanic and At- Provided further, That the remaining $27,000,000 spectrum services, to remain available until ex- mospheric Administration, including mainte- shall be derived from deposits in the Patent and pended: Provided further, That hereafter, not- nance, operation, and hire of aircraft; not to ex- Trademark Office Fee Surcharge Fund as au- withstanding any other provision of law, NTIA ceed 283 commissioned officers on the active list thorized by law and shall remain available until shall not authorize spectrum use or provide any as of September 30, 1998; grants, contracts, or expended. spectrum functions pursuant to the NTIA Orga- other payments to nonprofit organizations for nization Act, 47 U.S.C. §§ 902–903, to any Fed- SCIENCE AND TECHNOLOGY the purposes of conducting activities pursuant eral entity without reimbursement as required TECHNOLOGY ADMINISTRATION to cooperative agreements; and relocation of fa- by NTIA for such spectrum management costs, UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF cilities as authorized by 33 U.S.C. 883i; and Federal entities withholding payment of TECHNOLOGY POLICY $1,500,350,000, to remain available until ex- such cost shall not use spectrum: Provided fur- SALARIES AND EXPENSES pended: Provided, That, notwithstanding 31 ther, That the Secretary of Commerce is author- U.S.C. 3302 but consistent with other existing For necessary expenses for the Under Sec- ized to retain and use as offsetting collections law, fees shall be assessed, collected, and cred- retary for Technology/Office of Technology Pol- all funds transferred, or previously transferred, ited to this appropriation as offsetting collec- icy, $8,500,000, of which not to exceed $1,600,000 from other Government agencies for all costs in- tions to be available until expended, to recover shall remain available until September 30, 1999. curred in telecommunications research, engi- the costs of administering aeronautical charting neering, and related activities by the Institute NATIONAL INSTITUTE OF STANDARDS AND programs: Provided further, That the sum here- for Telecommunication Sciences of the NTIA, in TECHNOLOGY in appropriated from the General Fund shall be furtherance of its assigned functions under this SCIENTIFIC AND TECHNICAL RESEARCH AND reduced as such additional fees are received paragraph, and such funds received from other SERVICES during fiscal year 1998, so as to result in a final Government agencies shall remain available For necessary expenses of the National Insti- General Fund appropriation estimated at not until expended. tute of Standards and Technology, $276,852,000, more than $1,497,350,000: Provided further, That PUBLIC TELECOMMUNICATIONS FACILITIES, to remain available until expended, of which any such additional fees received in excess of PLANNING AND CONSTRUCTION not to exceed $3,800,000 shall be used to fund a $3,000,000 in fiscal year 1998 shall not be avail- For grants authorized by section 392 of the cooperative agreement with Texas Tech Univer- able for obligation until October 1, 1998: Pro- Communications Act of 1934, as amended, sity for wind research; and of which not to ex- vided further, That fees and donations received $21,000,000, to remain available until expended ceed $5,000,000 of the amount above $268,000,000 by the National Ocean Service for the manage- as authorized by section 391 of the Act, as shall be used to fund a cooperative agreement ment of the national marine sanctuaries may be amended: Provided, That not to exceed with Montana State University for a research retained and used for the salaries and expenses H10702 CONGRESSIONAL RECORD — HOUSE November 12, 1997 associated with those activities, notwithstand- NATIONAL OCEANIC AND ATMOSPHERIC transfer funds between appropriations accounts ing 31 U.S.C. 3302: Provided further, That in ad- ADMINISTRATION that may be necessary to carry out this section dition, $62,381,000 shall be derived by transfer OPERATIONS, RESEARCH, AND FACILITIES is provided in addition to authorities included from the fund entitled ‘‘Promote and Develop under section 205 of this Act: Provided further, (RESCISSION) Fishery Products and Research Pertaining to That use of funds to carry out this section shall Of the unobligated balances available under American Fisheries’’: Provided further, That be treated as a reprogramming of funds under this heading, $20,000,000 are rescinded. grants to States pursuant to sections 306 and section 605 of this Act and shall not be available 306A of the Coastal Zone Management Act of UNITED STATES TRAVEL AND TOURISM for obligation or expenditure except in compli- 1972, as amended, shall not exceed $2,000,000: ADMINISTRATION ance with the procedures set forth in that sec- Provided further, That unexpended balances in SALARIES AND EXPENSES tion. the accounts ‘‘Construction’’ and ‘‘Fleet Mod- (RESCISSION) SEC. 207. Any costs incurred by a Department ernization, Shipbuilding and Conversion’’ shall Of the unobligated balances available under or agency funded under this title resulting from be transferred to and merged with this account, this heading, $3,000,000 are rescinded. personnel actions taken in response to funding to remain available until expended for the pur- reductions included in this title or from actions GENERAL PROVISIONS—DEPARTMENT OF taken for the care and protection of loan collat- poses for which the funds were originally appro- COMMERCE priated. eral or grant property shall be absorbed within SEC. 201. During the current fiscal year, appli- PROCUREMENT, ACQUISITION AND CONSTRUCTION the total budgetary resources available to such cable appropriations and funds made available Department or agency: Provided, That the au- (INCLUDING TRANSFERS OF FUNDS) to the Department of Commerce by this Act shall thority to transfer funds between appropriations For procurement, acquisition and construction be available for the activities specified in the accounts as may be necessary to carry out this of capital assets, including alteration and modi- Act of October 26, 1949 (15 U.S.C. 1514), to the section is provided in addition to authorities in- fication costs, of the National Oceanic and At- extent and in the manner prescribed by the Act, cluded elsewhere in this Act: Provided further, mospheric Administration, $489,609,000, to re- and, notwithstanding 31 U.S.C. 3324, may be That use of funds to carry out this section shall main available until expended: Provided, That used for advanced payments not otherwise au- be treated as a reprogramming of funds under not to exceed $116,910,000 is available for the ad- thorized only upon the certification of officials section 605 of this Act and shall not be available vanced weather interactive processing system, designated by the Secretary of Commerce that for obligation or expenditure except in compli- and may be available for obligation and expend- such payments are in the public interest. ance with the procedures set forth in that sec- iture only pursuant to a certification by the Sec- SEC. 202. During the current fiscal year, ap- tion. retary of Commerce that the total cost to com- propriations made available to the Department SEC. 208. The Secretary of Commerce may plete the acquisition and deployment of the ad- of Commerce by this Act for salaries and ex- award contracts for hydrographic, geodetic, and vanced weather interactive processing system penses shall be available for hire of passenger photogrammetric surveying and mapping serv- and NOAA Port system, including program motor vehicles as authorized by 31 U.S.C. 1343 ices in accordance with title IX of the Federal management, operations and maintenance costs and 1344; services as authorized by 5 U.S.C. Property and Administrative Services Act of 1949 through deployment will not exceed $188,700,000: 3109; and uniforms or allowances therefor, as (40 U.S.C. 541 et seq.). Provided further, That unexpended balances of authorized by law (5 U.S.C. 5901–5902). SEC. 209. (a) Congress finds that— amounts previously made available in the ‘‘Op- SEC. 203. None of the funds made available by (1) it is the constitutional duty of the Con- erations, Research, and Facilities’’ account and this Act may be used to support the hurricane gress to ensure that the decennial enumeration the ‘‘Construction’’ account for activities fund- reconnaissance aircraft and activities that are of the population is conducted in a manner con- ed under this heading may be transferred to and under the control of the United States Air Force sistent with the Constitution and laws of the merged with this account, to remain available or the United States Air Force Reserve. United States; until expended for the purposes for which the SEC. 204. None of the funds provided in this or (2) the sole constitutional purpose of the de- funds were originally appropriated. any previous Act, or hereinafter made available cennial enumeration of the population is the ap- COASTAL ZONE MANAGEMENT FUND to the Department of Commerce, shall be avail- portionment of Representatives in Congress Of amounts collected pursuant to section 308 able to reimburse the Unemployment Trust Fund among the several States; (3) section 2 of the 14th article of amendment of the Coastal Zone Management Act of 1972 (16 or any other fund or account of the Treasury to to the Constitution clearly states that Rep- U.S.C. 1456a), not to exceed $7,800,000, for pur- pay for any expenses paid before October 1, resentatives are to be ‘‘apportioned among the poses set forth in sections 308(b)(2)(A), 1992, as authorized by section 8501 of title 5, several States according to their respective num- 308(b)(2)(B)(v), and 315(e) of such Act. United States Code, for services performed after bers, counting the whole number of persons in FISHERMEN’S CONTINGENCY FUND April 20, 1990, by individuals appointed to tem- each State’’; For carrying out the provisions of title IV of porary positions within the Bureau of the Cen- (4) article I, section 2, clause 3 of the Con- Public Law 95–372, not to exceed $953,000, to be sus for purposes relating to the 1990 decennial stitution clearly requires an ‘‘actual Enumera- derived from receipts collected pursuant to that census of population. tion’’ of the population, and section 195 of title Act, to remain available until expended. SEC. 205. Not to exceed 5 percent of any ap- 13, United States Code, clearly provides ‘‘Except FOREIGN FISHING OBSERVER FUND propriation made available for the current fiscal for the determination of population for purposes For expenses necessary to carry out the provi- year for the Department of Commerce in this Act of apportionment of Representatives in Congress sions of the Atlantic Tunas Convention Act of may be transferred between such appropria- among the several States, the Secretary shall, if 1975, as amended (Public Law 96–339), the Mag- tions, but no such appropriation shall be in- he considers it feasible, authorize the use of the nuson-Stevens Fishery Conservation and Man- creased by more than 10 percent by any such statistical method known as ‘sampling’ in carry- agement Act of 1976, as amended (Public Law transfers: Provided, That any transfer pursuant ing out the provisions of this title.’’; 100–627), and the American Fisheries Promotion to this section shall be treated as a reprogram- (5) the decennial enumeration of the popu- Act (Public Law 96–561), to be derived from the ming of funds under section 605 of this Act and lation is one of the most critical constitutional fees imposed under the foreign fishery observer shall not be available for obligation or expendi- functions our Federal Government performs; program authorized by these Acts, not to exceed ture except in compliance with the procedures (6) it is essential that the decennial enumera- $189,000, to remain available until expended. set forth in that section. tion of the population be as accurate as pos- FISHERIES FINANCE PROGRAM ACCOUNT SEC. 206. (a) Should legislation be enacted to sible, consistent with the Constitution and laws For the cost of direct loans, $338,000, as au- dismantle or reorganize the Department of Com- of the United States; thorized by the Merchant Marine Act of 1936, as merce or any portion thereof, the Secretary of (7) the use of statistical sampling or statistical amended: Provided, That such costs, including Commerce, no later than 90 days thereafter, adjustment in conjunction with an actual enu- the cost of modifying such loans, shall be as de- shall submit to the Committees on Appropria- meration to carry out the census with respect to fined in section 502 of the Congressional Budget tions of the House and the Senate a plan for any segment of the population poses the risk of Act of 1974: Provided further, That none of the transferring funds provided in this Act to the an inaccurate, invalid, and unconstitutional funds made available under this heading may be appropriate successor organizations: Provided, census; used for direct loans for any new fishing vessel That the plan shall include a proposal for (8) the decennial enumeration of the popu- that will increase the harvesting capacity in transferring or rescinding funds appropriated lation is a complex and vast undertaking, and if any United States fishery. herein for agencies or programs terminated such enumeration is conducted in a manner that under such legislation: Provided further, That does not comply with the requirements of the GENERAL ADMINISTRATION such plan shall be transmitted in accordance Constitution or laws of the United States, it SALARIES AND EXPENSES with section 605 of this Act. would be impracticable for the States to obtain, For expenses necessary for the general admin- (b) The Secretary of Commerce or the appro- and the courts of the United States to provide, istration of the Department of Commerce pro- priate head of any successor organization(s) meaningful relief after such enumeration has vided for by law, including not to exceed $3,000 may use any available funds to carry out legis- been conducted; and for official entertainment, $27,490,000. lation dismantling or reorganizing the Depart- (9) Congress is committed to providing the OFFICE OF INSPECTOR GENERAL ment of Commerce or any portion thereof to level of funding that is required to perform the For necessary expenses of the Office of In- cover the costs of actions relating to the abolish- entire range of constitutional census activities, spector General in carrying out the provisions of ment, reorganization, or transfer of functions with a particular emphasis on accurately enu- the Inspector General Act of 1978, as amended (5 and any related personnel action, including vol- merating all individuals who have historically U.S.C. App. 1–11 as amended by Public Law untary separation incentives if authorized by been undercounted, and toward this end, Con- 100–504), $20,140,000. such legislation: Provided, That the authority to gress expects— November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10703 (A) aggressive and innovative promotion and tionment or redistricting of members in Congress (A) 2 individuals appointed by the majority outreach campaigns in hard-to-count commu- is forbidden by the Constitution and laws of the leader of the Senate. nities; United States. (B) 2 individuals appointed by the Speaker of (B) the hiring of enumerators from within (g) The Speaker of the House of Representa- the House of Representatives. those communities; tives or the Speaker’s designee or designees may (C) 4 individuals appointed by the President, (C) continued cooperation with local govern- commence or join in a civil action, for and on of whom— ment on address list development; and behalf of the House of Representatives, under (i) 1 shall be on the recommendation of the mi- (D) maximized census employment opportuni- any applicable law, to prevent the use of any nority leader of the Senate; and ties for individuals seeking to make the transi- statistical method, in connection with the de- (ii) 1 shall be on the recommendation of the tion from welfare to work. cennial census, to determine the population for minority leader of the House of Representatives. (b) Any person aggrieved by the use of any purposes of the apportionment or redistricting of All members of the Board shall be appointed statistical method in violation of the Constitu- members in Congress. It shall be the duty of the within 60 days after the date of enactment of tion or any provision of law (other than this Office of the General Counsel of the House of this Act. A vacancy in the Board shall be filled Act), in connection with the 2000 or any later Representatives to represent the House in such in the manner in which the original appoint- decennial census, to determine the population civil action, according to the directions of the ment was made. for purposes of the apportionment or redistrict- Speaker. The Office of the General Counsel of (2) Members shall not be entitled to any pay ing of members in Congress, may in a civil ac- the House of Representatives may employ the by reason of their service on the Board, but tion obtain declaratory, injunctive, and any services of outside counsel and other experts for shall receive travel expenses, including per diem other appropriate relief against the use of such this purpose. in lieu of subsistence, in accordance with sec- method. (h) For purposes of this section and section tions 5702 and 5703 of title 5, United States (c) For purposes of this section— 210— Code. (1) the use of any statistical method as part of (1) the term ‘‘statistical method’’ means an ac- (3) The Board shall have— a dress rehearsal or other simulation of a census tivity related to the design, planning, testing, or (A) a co-chairman who shall be appointed in preparation for the use of such method, in a implementation of the use of representative sam- jointly by the members under subsection decennial census, to determine the population pling, or any other statistical procedure, includ- (c)(1)(A) and (B), and for purposes of the apportionment or redistrict- ing statistical adjustment, to add or subtract (B) a co-chairman who shall be appointed ing of members in Congress shall be considered counts to or from the enumeration of the popu- jointly by the members under subsection the use of such method in connection with that lation as a result of statistical inference; and (c)(1)(C). census; and (2) the term ‘‘census’’ or ‘‘decennial census’’ (4) The Board shall meet at the call of either (2) the report ordered by title VIII of Public means a decennial enumeration of the popu- co-chairman. Law 105–18 and the Census 2000 Operational lation. (5) A quorum shall consist of 5 members of the Plan shall be deemed to constitute final agency (i) Nothing in this Act shall be construed to Board. action regarding the use of statistical methods authorize the use of any statistical method, in (6) The Board may promulgate any regula- in the 2000 decennial census, thus making the connection with a decennial census, for the ap- tions necessary to carry out its duties. question of their use in such census sufficiently portionment or redistricting of members in Con- (d)(1) The Board shall have— concrete and final to now be reviewable in a ju- gress. (A) an executive director who shall be ap- dicial proceeding. (j) Sufficient funds appropriated under this pointed jointly by the members under subsection (d) For purposes of this section, an aggrieved Act or under any other Act for purposes of the (c)(1)(A) and (B), and person (described in subsection (b)) includes— 2000 decennial census shall be used by the Bu- (B) an executive director who shall be ap- (1) any resident of a State whose congres- reau of the Census to plan, test, and become pointed jointly by the members under subsection sional representation or district could be prepared to implement a 2000 decennial census, (c)(1)(C), changed as a result of the use of a statistical without using statistical methods, which shall each of whom shall be paid at a rate not to ex- method challenged in the civil action; result in the percentage of the total population ceed level IV of the Executive Schedule. (2) any Representative or Senator in Congress; actually enumerated being as close to 100 per- (2) Subject to such rules as the Board may and cent as possible. In both the 2000 decennial cen- prescribe, each executive director— (3) either House of Congress. sus, and any dress rehearsal or other simulation (A) may appoint and fix the pay of such addi- (e)(1) Any action brought under this section made in preparation for the 2000 decennial cen- tional personnel as that executive director con- shall be heard and determined by a district sus, the number of persons enumerated without siders appropriate; and court of three judges in accordance with section using statistical methods must be publicly avail- (B) may procure temporary and intermittent 2284 of title 28, United States Code. The chief able for all levels of census geography which are services under section 3109(b) of title 5, United judge of the United States court of appeals for being released by the Bureau of the Census for States Code, but at rates for individuals not to each circuit shall, to the extent practicable and (1) all data releases before January 1, 2001, (2) exceed the daily equivalent of the maximum an- consistent with the avoidance of unnecessary the data contained in the 2000 decennial census nual rate of pay payable for grade GS–15 of the delay, consolidate, for all purposes, in one dis- Public Law 94–171 data file released for use in General Schedule. trict court within that circuit, all actions pend- redistricting, (3) the Summary Tabulation File Such rules shall include provisions to ensure an ing in that circuit under this section. Any party One (STF–1) for the 2000 decennial census, and equitable division or sharing of resources, as ap- to an action under this section shall be pre- (4) the official populations of the States trans- propriate, between the respective staff of the cluded from seeking any consolidation of that mitted from the Secretary of Commerce through Board. action other than is provided in this paragraph. the President to the Clerk of the House used to (3) The staff of the Board shall be appointed In selecting the district court in which to con- reapportion the districts of the House among the without regard to the provisions of title 5, Unit- solidate such actions, the chief judge shall con- States as a result of the 2000 decennial census. ed States Code, governing appointments in the sider the convenience of the parties and wit- Simultaneously with any other release or report- competitive service, and shall be paid without nesses and efficient conduct of such actions. ing of any of the information described in the regard to the provisions of chapter 51 and sub- Any final order or injunction of a United States preceding sentence through other means, such chapter III of chapter 53 of such title (relating district court that is issued pursuant to an ac- information shall be made available to the pub- to classification and General Schedule pay tion brought under this section shall be lic on the Internet. These files of the Bureau of rates). reviewable by appeal directly to the Supreme the Census shall be available concurrently to (4) The Administrator of the General Services Court of the United States. Any such appeal the release of the original files to the same re- Administration, in coordination with the Sec- shall be taken by a notice of appeal filed within cipients, on identical media, and at a com- retary of Commerce, shall locate suitable office 10 days after such order is entered; and the ju- parable price. They shall contain the number of space for the operation of the Board in the W. risdictional statement shall be filed within 30 persons enumerated without using statistical Edwards Deming Building in Suitland, Mary- days after such order is entered. No stay of an methods and any additions or subtractions land. The facilities shall serve as the head- order issued pursuant to an action brought thereto. These files shall be based on data gath- quarters of the Board and shall include all nec- under this section may be issued by a single Jus- ered and generated by the Bureau of the Census essary equipment and incidentals required for tice of the Supreme Court. in its official capacity. the proper functioning of the Board. (2) It shall be the duty of a United States dis- (k) This section shall apply in fiscal year 1998 (e)(1) For the purpose of carrying out its du- trict court hearing an action brought under this and succeeding fiscal years. ties, the Board may hold such hearings (at the section and the Supreme Court of the United SEC. 210. (a) There shall be established a call of either co-chairman) and undertake such States to advance on the docket and to expedite board to be known as the Census Monitoring other activities as the Board determines to be to the greatest possible extent the disposition of Board (hereinafter in this section referred to as necessary to carry out its duties. any such matter. the ‘‘Board’’). (2) The Board may authorize any member of (f) Any agency or entity within the executive (b) The function of the Board shall be to ob- the Board or of its staff to take any action branch having authority with respect to the car- serve and monitor all aspects of the preparation which the Board is authorized to take by this rying out of a decennial census may in a civil and implementation of the 2000 decennial census subsection. action obtain a declaratory judgment respecting (including all dress rehearsals and other simula- (3)(A) Each co-chairman of the Board and whether or not the use of a statistical method, tions of a census in preparation therefor). any members of the staff who may be designated in connection with such census, to determine (c)(1) The Board shall be composed of 8 mem- by the Board under this paragraph shall be the population for the purposes of the appor- bers as follows: granted access to any data, files, information, H10704 CONGRESSIONAL RECORD — HOUSE November 12, 1997 or other matters maintained by the Bureau of (iii) outreach and promotion efforts at all lev- thereof ‘‘or pursuant to the authority of the the Census (or received by it in the course of els designed to maximize response rates, espe- Secretary of Commerce’’. conducting a decennial census of population) cially among groups that have historically been SEC. 212. Notwithstanding any other provision which they may request, subject to such regula- undercounted (including measures undertaken of law, the Economic Development Administra- tions as the Board may prescribe in consultation in conjunction with local government and com- tion is directed to transfer funds obligated and with the Secretary of Commerce. munity and other groups); awarded to the Butte-Silver Bow Consolidated (B) The Board or the co-chairmen acting (iv) establishment and operation of field of- Local Government as Project Number 05–01– jointly may secure directly from any other Fed- fices; and 02822 to the Butte Local Development Corpora- eral agency, including the White House, all in- (v) efforts relating to the recruitment, hiring, tion Revolving Loan Fund to be administered by formation that the Board considers necessary to and training of enumerators. the Butte Local Development Corporation, such enable the Board to carry out its duties. Upon (3) Any data or other information obtained by funds to remain available until expended, and, request of the Board or both co-chairmen, the the Board under this section shall be made in accordance with section 1557 of title 31, Unit- head of that agency (or other person duly des- available to any committee or subcommittee of ed States Code, funds obligated and awarded in ignated for purposes of this paragraph) shall Congress of appropriate jurisdiction upon re- fiscal year 1994 under the heading ‘‘Economic furnish that information to the Board. quest of the chairman or ranking minority mem- Development Administration-Economic Develop- (4) The Board shall prescribe regulations ber of such committee or subcommittee. No such ment Assistance Programs’’ for Metropolitan under which any member of the Board or of its committee or subcommittee, or member thereof, Dade County, Florida, and subsequently trans- staff, and any person whose services are pro- shall disclose any information obtained under ferred to Miami-Dade Community College for cured under subsection (d)(2)(B), who gains ac- this paragraph which is submitted to it on a Project No. 04–49–04021 shall be exempt from cess to any information or other matter pursu- confidential basis unless the full committee de- subchapter IV of chapter 15 of such title and ant to this subsection shall, to the extent that termines that the withholding of that informa- shall remain available for expenditure without any provisions of section 9 or 214 of title 13, tion is contrary to the national interest. fiscal year limitation. United States Code, would apply with respect to (4) The Board shall study and submit to Con- This title may be cited as the ‘‘Department of such matter in the case of an employee of the gress, as part of its first report under paragraph Commerce and Related Agencies Appropriations Department of Commerce, be subject to such (1)(A), its findings and recommendations as to Act, 1998’’. provisions. the feasibility and desirability of using postal TITLE III—THE JUDICIARY (5) Upon the request of the Board, the head of personnel or private contractors to help carry SUPREME COURT OF THE UNITED STATES any Federal agency is authorized to detail, out the decennial census. SALARIES AND EXPENSES without reimbursement, any of the personnel of (g) There is authorized to be appropriated For expenses necessary for the operation of such agency to the Board to assist the Board in $4,000,000 for each of fiscal years 1998 through the Supreme Court, as required by law, exclud- carrying out its duties. Any such detail shall 2001 to carry out this section. ing care of the building and grounds, including not interrupt or otherwise affect the civil service (h) To the extent practicable, members of the purchase or hire, driving, maintenance, and op- status or privileges of the Federal employee. Board shall work to promote the most accurate eration of an automobile for the Chief Justice, (6) Upon the request of the Board, the head of and complete census possible by using their po- not to exceed $10,000 for the purpose of trans- a Federal agency shall provide such technical sitions to publicize the need for full and timely porting Associate Justices, and hire of passenger assistance to the Board as the Board determines responses to census questionnaires. motor vehicles as authorized by 31 U.S.C. 1343 to be necessary to carry out its duties. (i)(1) No individual described in paragraph (2) and 1344; not to exceed $10,000 for official recep- (7) The Board may use the United States mails shall be eligible— tion and representation expenses; and for mis- (A) to be appointed or to continue serving as in the same manner and under the same condi- cellaneous expenses, to be expended as the Chief a member of the Board or as a member of the tions as Federal agencies and shall, for purposes Justice may approve; $29,245,000. of the frank, be considered a commission of Con- staff thereof; or CARE OF THE BUILDING AND GROUNDS gress as described in section 3215 of title 39, (B) to enter into any contract with the Board. (2) This subsection applies with respect to any For such expenditures as may be necessary to United States Code. enable the Architect of the Capitol to carry out (8) Upon request of the Board, the Adminis- individual who is serving or who has ever the duties imposed upon him by the Act ap- trator of General Services shall provide to the served— proved May 7, 1934 (40 U.S.C. 13a–13b), Board on a reimbursable basis such administra- (A) as the Director of the Census; or $3,400,000, of which $485,000 shall remain avail- tive support services as the Board may request. (B) with any committee or subcommittee of ei- able until expended. (9) For purposes of costs relating to printing ther House of Congress, having jurisdiction over and binding, including the cost of personnel de- any aspect of the decennial census, as— UNITED STATES COURT OF APPEALS FOR THE tailed from the Government Printing Office, the (i) a Member of Congress; or FEDERAL CIRCUIT Board shall be deemed to be a committee of the (ii) a congressional employee. SALARIES AND EXPENSES Congress. (j) The Board shall cease to exist on Septem- For salaries of the chief judge, judges, and (f)(1) The Board shall transmit to the Con- ber 30, 2001. other officers and employees, and for necessary gress— (k) Section 9(a) of title 13, United States Code, expenses of the court, as authorized by law, (A) interim reports, with the first such report is amended in the matter before paragraph (1) $15,575,000. due by April 1, 1998; thereof by striking ‘‘of this title—’’ and insert- UNITED STATES COURT OF INTERNATIONAL (B) additional reports, the first of which shall ing ‘‘of this title or section 210 of the Depart- TRADE ments of Commerce, Justice, and State, the Judi- be due by February 1, 1999, the second of which SALARIES AND EXPENSES ciary, and Related Agencies Appropriations Act, shall be due by April 1, 1999, and subsequent re- For salaries of the chief judge and eight 1998—’’. ports at least semiannually thereafter; judges, salaries of the officers and employees of SEC. 211. (a) Section 401 of title 22, United (C) a final report which shall be due by Sep- the court, services as authorized by 5 U.S.C. States Code, is amended— tember 1, 2001; and 3109, and necessary expenses of the court, as au- (1) in subsection (a), by adding after the first (D) any other reports which the Board consid- thorized by law, $11,449,000. ers appropriate. sentence the following: ‘‘The Secretary of Com- COURTS OF APPEALS, DISTRICT COURTS, AND The final report shall contain a detailed state- merce may seize and detain any commodity OTHER JUDICIAL SERVICES ment of the findings and conclusions of the (other than arms or munitions of war) or tech- Board with respect to the matters described in nology which is intended to be or is being ex- SALARIES AND EXPENSES subsection (b). ported in violation of laws governing such ex- (INCLUDING TRANSFER OF FUNDS) (2) In addition to any matter otherwise re- ports and may seize and detain any vessel, vehi- For the salaries of circuit and district judges quired under this subsection, each such report cle, or aircraft containing the same or which (including judges of the territorial courts of the shall address, with respect to the period covered has been used or is being used in exporting or United States), justices and judges retired from by such report— attempting to export such articles.’’; and office or from regular active service, judges of (A) the degree to which efforts of the Bureau (2) in subsection (b), by adding the following the United States Court of Federal Claims, of the Census to prepare to conduct the 2000 after ‘‘and not inconsistent with the provisions bankruptcy judges, magistrate judges, and all census— hereof.’’— other officers and employees of the Federal Ju- (i) shall achieve maximum possible accuracy ‘‘However, with respect to seizures and forfeit- diciary not otherwise specifically provided for, at every level of geography; ures of property under this section by the Sec- and necessary expenses of the courts, as author- (ii) shall be taken by means of an enumeration retary of Commerce, such duties as are imposed ized by law, $2,682,400,000 (including the pur- process designed to count every individual pos- upon the customs officer or any other person chase of firearms and ammunition); of which sible; and with respect to the seizure and forfeiture of not to exceed $13,454,000 shall remain available (iii) shall be free from political bias and arbi- property under the customs law may be per- until expended for space alteration projects; and trary decisions; and formed by such officers as are designated by the of which not to exceed $10,000,000 shall remain (B) efforts by the Bureau of the Census in- Secretary of Commerce or, upon the request of available until expended for furniture and fur- tended to contribute to enumeration improve- the Secretary of Commerce, by any other agency nishings related to new space alteration and ment, specifically, in connection with— that has authority to manage and dispose of construction projects. (i) computer modernization and the appro- seized property.’’ In addition, for expenses of the United States priate use of automation; (b) Section 524(c)(11)(B) of title 28, United Court of Federal Claims associated with process- (ii) address list development; States Code, is amended by adding at the end ing cases under the National Childhood Vaccine November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10705

Injury Act of 1986, not to exceed $2,450,000, to be $17,495,000; of which $1,800,000 shall remain (C) VACANCY.—Any vacancy in the Commis- appropriated from the Vaccine Injury Com- available through September 30, 1999, to provide sion shall be filled in the same manner as the pensation Trust Fund. education and training to Federal court person- original appointment. VIOLENT CRIME REDUCTION PROGRAMS nel; and of which not to exceed $1,000 is author- (D) CHAIR.—The Commission shall elect a For activities of the Federal Judiciary as au- ized for official reception and representation ex- Chair and Vice Chair from among its members. thorized by law, $40,000,000, to remain available penses. (E) QUORUM.—Three members of the Commis- until expended, which shall be derived from the JUDICIAL RETIREMENT FUNDS sion shall constitute a quorum, but two may conduct hearings. Violent Crime Reduction Trust Fund, as author- PAYMENT TO JUDICIARY TRUST FUNDS (3) COMPENSATION.— ized by section 190001(a) of Public Law 103–322, For payment to the Judicial Officers’ Retire- (A) IN GENERAL.—Members of the Commission and sections 818 and 823 of Public Law 104–132. ment Fund, as authorized by 28 U.S.C. 377(o), who are officers, or full-time employees, of the DEFENDER SERVICES $25,000,000; to the Judicial Survivors’ Annuities United States shall receive no additional com- For the operation of Federal Public Defender Fund, as authorized by 28 U.S.C. 376(c), pensation for their services, but shall be reim- and Community Defender organizations; the $7,400,000; and to the United States Court of bursed for travel, subsistence, and other nec- compensation and reimbursement of expenses of Federal Claims Judges’ Retirement Fund, as au- essary expenses incurred in the performance of attorneys appointed to represent persons under thorized by 28 U.S.C. 178(l), $1,800,000. duties vested in the Commission, but not in ex- the Criminal Justice Act of 1964, as amended; UNITED STATES SENTENCING COMMISSION cess of the maximum amounts authorized under the compensation and reimbursement of ex- SALARIES AND EXPENSES section 456 of title 28, United States Code. penses of persons furnishing investigative, ex- For the salaries and expenses necessary to (B) PRIVATE MEMBERS.—Members of the Com- pert and other services under the Criminal Jus- carry out the provisions of chapter 58 of title 28, mission from private life shall receive $200 for tice Act (18 U.S.C. 3006A(e)); the compensation United States Code, $9,240,000, of which not to each day (including travel time) during which (in accordance with Criminal Justice Act maxi- exceed $1,000 is authorized for official reception the member is engaged in the actual perform- mums) and reimbursement of expenses of attor- and representation expenses. ance of duties, but not in excess of the maximum neys appointed to assist the court in criminal GENERAL PROVISIONS—THE JUDICIARY amounts authorized under section 456 of title 28, cases where the defendant has waived represen- United States Code. SEC. 301. Appropriations and authorizations tation by counsel; the compensation and reim- (4) PERSONNEL.— made in this title which are available for sala- bursement of travel expenses of guardians ad (A) EXECUTIVE DIRECTOR.—The Commission ries and expenses shall be available for services litem acting on behalf of financially eligible may appoint an Executive Director who shall as authorized by 5 U.S.C. 3109. minor or incompetent offenders in connection receive compensation at a rate not exceeding the SEC. 302. Not to exceed 5 percent of any ap- with transfers from the United States to foreign rate prescribed for level V of the Executive propriation made available for the current fiscal countries with which the United States has a Schedule under section 5316 of title 5, United year for the Judiciary in this Act may be trans- treaty for the execution of penal sentences; and States Code. ferred between such appropriations, but no such the compensation of attorneys appointed to rep- (B) STAFF.—The Executive Director, with the appropriation, except ‘‘Courts of Appeals, Dis- resent jurors in civil actions for the protection of approval of the Commission, may appoint and trict Courts, and Other Judicial Services, De- their employment, as authorized by 28 U.S.C. fix the compensation of such additional person- fender Services’’ and ‘‘Courts of Appeals, Dis- 1875(d); $329,529,000, to remain available until nel as the Executive Director determines nec- trict Courts, and Other Judicial Services, Fees of expended as authorized by 18 U.S.C. 3006A(i). essary, without regard to the provisions of title Jurors and Commissioners’’, shall be increased 5, United States Code, governing appointments FEES OF JURORS AND COMMISSIONERS by more than 10 percent by any such transfers: in the competitive service or the provisions of For fees and expenses of jurors as authorized Provided, That any transfer pursuant to this chapter 51 and subchapter III of chapter 53 of by 28 U.S.C. 1871 and 1876; compensation of jury section shall be treated as a reprogramming of such title relating to classification and General commissioners as authorized by 28 U.S.C. 1863; funds under section 605 of this Act and shall not Schedule pay rates. Compensation under this and compensation of commissioners appointed be available for obligation or expenditure except paragraph shall not exceed the annual maxi- in condemnation cases pursuant to rule 71A(h) in compliance with the procedures set forth in mum rate of basic pay for a position above GS– of the Federal Rules of Civil Procedure (28 that section. 15 of the General Schedule under section 5108 of U.S.C. Appendix Rule 71A(h)); $64,438,000, to re- SEC. 303. Notwithstanding any other provision title 5, United States Code. main available until expended: Provided, That of law, the salaries and expenses appropriation (C) EXPERTS AND CONSULTANTS.—The Execu- the compensation of land commissioners shall for district courts, courts of appeals, and other tive Director may procure personal services of not exceed the daily equivalent of the highest judicial services shall be available for official re- experts and consultants as authorized by section rate payable under section 5332 of title 5, United ception and representation expenses of the Judi- 3109 of title 5, United States Code, at rates not States Code. cial Conference of the United States: Provided, to exceed the highest level payable under the COURT SECURITY That such available funds shall not exceed General Schedule pay rates under section 5332 For necessary expenses, not otherwise pro- $10,000 and shall be administered by the Direc- of title 5, United States Code. vided for, incident to the procurement, installa- tor of the Administrative Office of the United (D) SERVICES.—The Administrative Office of tion, and maintenance of security equipment States Courts in his capacity as Secretary of the the United States Courts shall provide adminis- and protective services for the United States Judicial Conference. trative services, including financial and budget- Courts in courtrooms and adjacent areas, in- SEC. 304. Section 612 of title 28, United States ing services, to the Commission on a reimburs- cluding building ingress-egress control, inspec- Code, shall be amended by striking out sub- able basis. The Federal Judicial Center shall tion of packages, directed security patrols, and section (l). provide necessary research services to the Com- other similar activities as authorized by section SEC. 305. (a) COMMISSION ON STRUCTURAL AL- mission on a reimbursable basis. 1010 of the Judicial Improvement and Access to TERNATIVES FOR THE FEDERAL COURTS OF AP- (5) INFORMATION.—The Commission is author- PEALS.— Justice Act (Public Law 100–702); $167,214,000, of ized to request from any department, agency, or (1) ESTABLISHMENT AND FUNCTIONS OF COM- which not to exceed $10,000,000 shall remain independent instrumentality of the Government available until expended for security systems, to MISSION.— (A) ESTABLISHMENT.—There is established a any information and assistance the Commission be expended directly or transferred to the Unit- determines necessary to carry out its functions ed States Marshals Service which shall be re- Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred under this section. Each such department, agen- sponsible for administering elements of the Judi- cy, and independent instrumentality is author- cial Security Program consistent with standards to as the ‘‘Commission’’). (B) FUNCTIONS.—The functions of the Com- ized to provide such information and assistance or guidelines agreed to by the Director of the to the extent permitted by law when requested Administrative Office of the United States mission shall be to— (i) study the present division of the United by the Chair of the Commission. Courts and the Attorney General. States into the several judicial circuits; (6) REPORT.—The Commission shall conduct ADMINISTRATIVE OFFICE OF THE UNITED STATES (ii) study the structure and alignment of the the studies required in this section during the COURTS Federal Court of Appeals system, with particu- 10-month period beginning on the date on which SALARIES AND EXPENSES lar reference to the Ninth Circuit; and a quorum of the Commission has been ap- For necessary expenses of the Administrative (iii) report to the President and the Congress pointed. Not later than 2 months following the Office of the United States Courts as authorized its recommendations for such changes in circuit completion of such 10-month period, the Com- by law, including travel as authorized by 31 boundaries or structure as may be appropriate mission shall submit its report to the President U.S.C. 1345, hire of a passenger motor vehicle as for the expeditious and effective disposition of and the Congress. The Commission shall termi- authorized by 31 U.S.C. 1343(b), advertising and the caseload of the Federal Courts of Appeals, nate 90 days after the date of the submission of rent in the District of Columbia and elsewhere, consistent with fundamental concepts of fair- its report. $52,000,000, of which not to exceed $7,500 is au- ness and due process. (b) AUTHORIZATION OF APPROPRIATIONS.— thorized for official reception and representa- (2) MEMBERSHIP.— There are authorized to be appropriated to the tion expenses. (A) COMPOSITION.—The Commission shall be Commission such sums, not to exceed $900,000, composed of 5 members who shall be appointed as may be necessary to carry out the purposes of EDERAL JUDICIAL CENTER F by the Chief Justice of the United States. this section. Such sums as are appropriated SALARIES AND EXPENSES (B) APPOINTMENT.—The members of the Com- shall remain available until expended. For necessary expenses of the Federal Judicial mission shall be appointed within 30 days after SEC. 306. Pursuant to section 140 of Public Center, as authorized by Public Law 90–219, the date of enactment of this Act. Law 97–92, justices and judges of the United H10706 CONGRESSIONAL RECORD — HOUSE November 12, 1997

States are authorized during fiscal year 1998, to cases filed on or after the effective date, and SALARIES AND EXPENSES receive a salary adjustment in accordance with shall be in effect for no longer than twenty-four For expenses necessary for the general admin- 28 U.S.C. 461: Provided, That $5,000,000 is avail- months after the effective date.’’. istration of the Department of State and the able for salary adjustments pursuant to this sec- This title may be cited as ‘‘The Judiciary Ap- Foreign Service, provided for by law, including tion and such funds shall be transferred to and propriations Act, 1998’’. expenses authorized by section 9 of the Act of merged with appropriations in Title III of this TITLE IV—DEPARTMENT OF STATE AND August 31, 1964, as amended (31 U.S.C. 3721), Act. RELATED AGENCIES and the State Department Basic Authorities Act SEC. 307. Section 44(c) of title 28, United States DEPARTMENT OF STATE of 1956, as amended, $363,513,000. Code, is amended by adding at the end thereof ADMINISTRATION OF FOREIGN AFFAIRS CAPITAL INVESTMENT FUND the following sentence: ‘‘In each circuit (other DIPLOMATIC AND CONSULAR PROGRAMS For necessary expenses of the Capital Invest- than the Federal judicial circuit) there shall be ment Fund, $86,000,000, to remain available at least one circuit judge in regular active serv- For necessary expenses of the Department of State and the Foreign Service not otherwise pro- until expended, as authorized in Public Law ice appointed from the residents of each state in 103–236: Provided, That section 135(e) of Public that circuit.’’. vided for, including expenses authorized by the State Department Basic Authorities Act of 1956, Law 103–236 shall not apply to funds available SEC. 308. Section 3006A(d) of title 18, United under this heading. States Code, is amended by striking paragraph as amended; representation to certain inter- national organizations in which the United OFFICE OF INSPECTOR GENERAL (4) and inserting the following: For necessary expenses of the Office of In- ‘‘(4) DISCLOSURE OF FEES.— States participates pursuant to treaties, ratified pursuant to the advice and consent of the Sen- spector General in carrying out the provisions of ‘‘(A) IN GENERAL.—Subject to subparagraphs the Inspector General Act of 1978, as amended (5 (B) through (E), the amounts paid under this ate, or specific Acts of Congress; acquisition by exchange or purchase of passenger motor vehi- U.S.C. App.), $27,495,000, notwithstanding sec- subsection for services in any case shall be made tion 209(a)(1) of the Foreign Service Act of 1980, available to the public by the court upon the cles as authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and for expenses of as amended (Public Law 96–465), as it relates to court’s approval of the payment. post inspections. ‘‘(B) PRE-TRIAL OR TRIAL IN PROGRESS.—If a general administration; $1,705,600,000: Provided, REPRESENTATION ALLOWANCES trial is in pre-trial status or still in progress and That of the amount made available under this For representation allowances as authorized after considering the defendant’s interests as set heading, not to exceed $4,000,000 may be trans- by section 905 of the Foreign Service Act of 1980, forth in subparagraph (D), the court shall— ferred to, and merged with, funds in the ‘‘Emer- ‘‘(i) redact any detailed information on the gencies in the Diplomatic and Consular Service’’ as amended (22 U.S.C. 4085), $4,200,000. payment voucher provided by defense counsel to appropriations account, to be available only for PROTECTION OF FOREIGN MISSIONS AND OFFICIALS justify the expenses to the court; and emergency evacuations and terrorism rewards: For expenses, not otherwise provided, to en- ‘‘(ii) make public only the amounts approved Provided further, That notwithstanding section able the Secretary of State to provide for ex- for payment to defense counsel by dividing those 140(a)(5), and the second sentence of section traordinary protective services in accordance amounts into the following categories: 140(a)(3), of the Foreign Relations Authoriza- with the provisions of section 214 of the State ‘‘(I) Arraignment and or plea. tion Act, Fiscal Years 1994 and 1995 (Public Law Department Basic Authorities Act of 1956 (22 ‘‘(II) Bail and detention hearings. 103–236), fees may be collected during fiscal U.S.C. 4314) and 3 U.S.C. 208, $7,900,000, to re- ‘‘(III) Motions. years 1998 and 1999 under the authority of sec- main available until September 30, 1999. ‘‘(IV) Hearings. tion 140(a)(1) of that Act: Provided further, SECURITY AND MAINTENANCE OF UNITED STATES ‘‘(V) Interviews and conferences. That all fees collected under the preceding pro- MISSIONS ‘‘(VI) Obtaining and reviewing records. viso shall be deposited in fiscal years 1998 and For necessary expenses for carrying out the ‘‘(VII) Legal research and brief writing. 1999 as an offsetting collection to appropriations Foreign Service Buildings Act of 1926, as amend- ‘‘(VIII) Travel time. made under this heading to recover the costs as ed (22 U.S.C. 292–300), preserving, maintaining, ‘‘(IX) Investigative work. set forth under section 140(a)(2) of that Act and repairing, and planning for, buildings that are ‘‘(X) Experts. shall remain available until expended. owned or directly leased by the Department of ‘‘(XI) Trial and appeals. In addition to funds otherwise available, of State, and the Diplomatic Security Construction ‘‘(XII) Other. the funds provided under this heading, Program as authorized by title IV of the Omni- ‘‘(C) TRIAL COMPLETED.— $24,856,000 shall be available only for the Diplo- bus Diplomatic Security and Antiterrorism Act ‘‘(i) IN GENERAL.—If a request for payment is matic Telecommunications Service for operation of 1986 (22 U.S.C. 4851), $404,000,000, to remain not submitted until after the completion of the of existing base services and $17,312,000 shall be available until expended as authorized by sec- trial and subject to consideration of the defend- available only for the enhancement of the Dip- tion 24(c) of the State Department Basic Au- ant’s interests as set forth in subparagraph (D), lomatic Telecommunications Service and shall thorities Act of 1956 (22 U.S.C. 2696(c)): Pro- the court shall make available to the public an remain available until expended. vided, That none of the funds appropriated in unredacted copy of the expense voucher. In addition, not to exceed $700,000 in registra- this paragraph shall be available for acquisition ‘‘(ii) PROTECTION OF THE RIGHTS OF THE DE- tion fees collected pursuant to section 38 of the of furniture and furnishings and generators for FENDANT.—lf the court determines that defend- Arms Export Control Act, as amended, may be other departments and agencies. ant’s interests as set forth in subparagraph (D) used in accordance with section 45 of the State EMERGENCIES IN THE DIPLOMATIC AND CONSULAR require a limited disclosure, the court shall dis- Department Basic Authorities Act of 1956 (22 SERVICE close amounts as provided in subparagraph (B). U.S.C. 2717); in addition not to exceed $1,252,000 For expenses necessary to enable the Sec- ‘‘(D) CONSIDERATIONS.—The interests referred shall be derived from fees collected from other retary of State to meet unforeseen emergencies to in subparagraphs (B) and (C) are— executive agencies for lease or use of facilities arising in the Diplomatic and Consular Service ‘‘(i) to protect any person’s 5th amendment located at the International Center in accord- pursuant to the requirement of 31 U.S.C. 3526(e), right against self-incrimination; ance with section 4 of the International Center $5,500,000 to remain available until expended as ‘‘(ii) to protect the defendant’s 6th amendment Act (Public Law 90–553), as amended, and in ad- authorized by section 24(c) of the State Depart- rights to effective assistance of counsel; dition, as authorized by section 5 of such Act ment Basic Authorities Act of 1956 (22 U.S.C. ‘‘(iii) the defendant’s attorney-client privilege; $490,000, to be derived from the reserve author- 2696(c)), of which not to exceed $1,000,000 may ‘‘(iv) the work product privilege of the defend- ized by that section, to be used for the purposes be transferred to and merged with the Repatri- ant’s counsel; set out in that section; and in addition not to ation Loans Program Account, subject to the ‘‘(v) the safety of any person; and exceed $15,000 which shall be derived from reim- same terms and conditions. ‘‘(vi) any other interest that justice may re- bursements, surcharges, and fees for use of Blair REPATRIATION LOANS PROGRAM ACCOUNT quire. House facilities in accordance with section 46 of For the cost of direct loans, $593,000, as au- ‘‘(E) NOTICE.—The court shall provide reason- the State Department Basic Authorities Act of thorized by section 4 of the State Department able notice of disclosure to the counsel of the de- 1956 (22 U.S.C. 2718(a)). fendant prior to the approval of the payments in Notwithstanding section 402 of this Act, not to Basic Authorities Act of 1956 (22 U.S.C. 2671): order to allow the counsel to request redaction exceed 20 percent of the amounts made available Provided, That such costs, including the cost of based on the considerations set forth in sub- in this Act in the appropriation accounts ‘‘Dip- modifying such loans, shall be as defined in sec- paragraph (D). Upon completion of the trial, the lomatic and Consular Programs’’ and ‘‘Salaries tion 502 of the Congressional Budget Act of 1974. court shall release unredacted copies of the and Expenses’’ under the heading ‘‘Administra- In addition, for administrative expenses nec- vouchers provided by defense counsel to justify tion of Foreign Affairs’’ may be transferred be- essary to carry out the direct loan program, the expenses to the court. If there is an appeal, tween such appropriation accounts: Provided, $607,000 which may be transferred to and the court shall not release unredacted copies of That any transfer pursuant to this sentence merged with the Salaries and Expenses account the vouchers provided by defense counsel to jus- shall be treated as a reprogramming of funds under Administration of Foreign Affairs. tify the expenses to the court until such time as under section 605 of this Act and shall not be PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN the appeals process is completed, unless the available for obligation or expenditure except in For necessary expenses to carry out the Tai- court determines that none of the defendant’s compliance with the procedures set forth in that wan Relations Act, Public Law 96–8, $14,000,000. interests set forth in subparagraph (D) will be section. PAYMENT TO THE FOREIGN SERVICE RETIREMENT compromised. In addition, for counterterrorism requirements AND DISABILITY FUND ‘‘(F) EFFECTIVE DATE.—The amendment made overseas, including security guards and equip- For payment to the Foreign Service Retire- by paragraph (4) shall become effective 60 days ment, $23,700,000, to remain available until ex- ment and Disability Fund, as authorized by after enactment of this Act, will apply only to pended. law, $129,935,000. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10707

INTERNATIONAL ORGANIZATIONS AND ‘‘International Conferences and Contingencies’’ treaties between the United States and Canada CONFERENCES account for U.S. contributions to the Com- or Great Britain, and for the Border Environ- CONTRIBUTIONS TO INTERNATIONAL prehensive Nuclear Test Ban Treaty Pre- ment Cooperation Commission as authorized by ORGANIZATIONS paratory Commission, provided that such trans- Public Law 103–182; $5,490,000, of which not to For expenses, not otherwise provided for, nec- ferred funds are obligated or expended only for exceed $9,000 shall be available for representa- essary to meet annual obligations of membership Commission meetings and sessions, provisional tion expenses incurred by the International in international multilateral organizations, pur- technical secretariat salaries and expenses, Joint Commission. suant to treaties ratified pursuant to the advice other Commission administrative and training INTERNATIONAL FISHERIES COMMISSIONS and consent of the Senate, conventions or spe- activities, including purchase of training equip- For necessary expenses for international fish- cific Acts of Congress, $955,515,000, of which not ment, and upgrades to existing internationally- eries commissions, not otherwise provided for, as to exceed $54,000,000 shall remain available until based monitoring systems involved in coopera- authorized by law, $14,549,000: Provided, That expended for payment of arrearages: Provided, tive data sharing agreements with the United the United States’ share of such expenses may That none of the funds appropriated or other- States as of date of enactment of this Act, until be advanced to the respective commissions, pur- wise made available by this Act for payment of the U.S. Senate ratifies the Comprehensive Nu- suant to 31 U.S.C. 3324. arrearages may be obligated or expended unless clear Test Ban Treaty. OTHER such obligation or expenditure is expressly au- CONTRIBUTIONS FOR INTERNATIONAL PAYMENT TO THE ASIA FOUNDATION thorized by the enactment of a subsequent Act PEACEKEEPING ACTIVITIES For a grant to the Asia Foundation, as au- that makes payment of arrearages contingent For necessary expenses to pay assessed and thorized by section 501 of Public Law 101–246, upon reforms that should include the following: other expenses of international peacekeeping ac- $8,000,000, to remain available until expended, a reduction in the United States assessed share tivities directed to the maintenance or restora- as authorized by section 24(c) of the State De- of the United Nations regular budget to 20 per- tion of international peace and security partment Basic Authorities Act of 1956 (22 cent and of peacekeeping operations to 25 per- $256,000,000, of which not to exceed $46,000,000 U.S.C. 2696(c)). cent; reimbursement for goods and services pro- shall remain available until expended for pay- RELATED AGENCIES vided by the United States to the United Na- ment of arrearages: Provided, That none of the ARMS CONTROL AND DISARMAMENT AGENCY funds appropriated or otherwise made available tions; certification that the United Nations and ARMS CONTROL AND DISARMAMENT ACTIVITIES by this Act for payment of arrearages may be its specialized or affiliated agencies have not For necessary expenses not otherwise pro- obligated or expended unless such obligation or taken any action to infringe on the sovereignty vided, for arms control, nonproliferation, and expenditure is expressly authorized by the en- of the United States; a ceiling on United States disarmament activities, $41,500,000, of which not actment of a subsequent Act described in the contributions to international organizations to exceed $50,000 shall be for official reception first proviso under the heading ‘‘Contributions after fiscal year 1998 of $900,000,000; establish- and representation expenses as authorized by to International Organizations’’ in this title: ment of a merit-based personnel system at the the Act of September 26, 1961, as amended (22 Provided further, That none of the funds made United Nations that includes a code of conduct U.S.C. 2551 et seq.). and a personnel evaluation system; United available under this Act shall be obligated or ex- ARMS CONTROL AND DISARMAMENT AGENCY States membership on the Advisory Committee pended for any new or expanded United Nations on Administrative and Budgetary Questions peacekeeping mission unless, at least fifteen ARMS CONTROL AND DISARMAMENT ACTIVITIES that oversees the United Nations budget; access days in advance of voting for the new or ex- (RESCISSION) to United Nations financial data by the General panded mission in the United Nations Security Of the unexpended balances previously appro- Accounting Office; and achievement of a nega- Council (or in an emergency, as far in advance priated under this heading, $700,000 are re- tive growth budget and the establishment of as is practicable), (1) the Committees on Appro- scinded. independent inspectors general for affiliated or- priations of the House of Representatives and UNITED STATES INFORMATION AGENCY ganizations; and improved consultation proce- the Senate and other appropriate Committees of INTERNATIONAL INFORMATION PROGRAMS dures with the Congress: Provided further, That the Congress are notified of the estimated cost For expenses, not otherwise provided for, nec- any payment of arrearages shall be directed to- and length of the mission, the vital national in- essary to enable the United States Information ward special activities that are mutually agreed terest that will be served, and the planned exit Agency, as authorized by the Mutual Edu- upon by the United States and the respective strategy; and (2) a reprogramming of funds pur- cational and Cultural Exchange Act of 1961, as international organization: Provided further, suant to section 605 of this Act is submitted, and amended (22 U.S.C. 2451 et seq.), the United That 20 percent of the funds appropriated in the procedures therein followed, setting forth States Information and Educational Exchange this paragraph for the assessed contribution of the source of funds that will be used to pay for Act of 1948, as amended (22 U.S.C. 1431 et seq.), the United States to the United Nations shall be the cost of the new or expanded mission: Pro- and Reorganization Plan No. 2 of 1977 (91 Stat. withheld from obligation and expenditure until vided further, That funds shall be available for 1636), to carry out international communication, a certification is made under section 401(b) of peacekeeping expenses only upon a certification educational and cultural activities; and to carry Public Law 103–236 and under such other re- by the Secretary of State to the appropriate out related activities authorized by law, includ- quirements related to the Office of Internal committees of the Congress that American man- ing employment, without regard to civil service Oversight Services of the United Nations as may ufacturers and suppliers are being given oppor- and classification laws, of persons on a tem- be enacted into law for fiscal year 1998: Pro- tunities to provide equipment, services, and ma- porary basis (not to exceed $700,000 of this ap- vided further, That certification under section terial for United Nations peacekeeping activities propriation), as authorized by section 801 of 401(b) of Public Law 103–236 for fiscal year 1998 equal to those being given to foreign manufac- such Act of 1948 (22 U.S.C. 1471), and entertain- may only be made if the Committees on Appro- turers and suppliers. ment, including official receptions, within the priations and Foreign Relations of the Senate INTERNATIONAL COMMISSIONS United States, not to exceed $25,000 as author- and the Committees on Appropriations and For necessary expenses, not otherwise pro- ized by section 804(3) of such Act of 1948 (22 International Relations of the House of Rep- vided for, to meet obligations of the United U.S.C. 1474(3)); $427,097,000: Provided, That not resentatives are notified of the steps taken, and States arising under treaties, or specific Acts of to exceed $1,400,000 may be used for representa- anticipated, to meet the requirements of section Congress, as follows: tion abroad as authorized by section 302 of such 401(b) of Public Law 103–236 at least 15 days in INTERNATIONAL BOUNDARY AND WATER Act of 1948 (22 U.S.C. 1452) and section 905 of advance of the proposed certification: Provided COMMISSION, UNITED STATES AND MEXICO the Foreign Service Act of 1980 (22 U.S.C. 4085): further, That none of the funds appropriated in For necessary expenses for the United States Provided further, That not to exceed $6,000,000, this paragraph shall be available for a United Section of the International Boundary and to remain available until expended, may be States contribution to an international organi- Water Commission, United States and Mexico, credited to this appropriation from fees or other zation for the United States share of interest and to comply with laws applicable to the Unit- payments received from or in connection with costs made known to the United States Govern- ed States Section, including not to exceed $6,000 English teaching, library, motion pictures, and ment by such organization for loans incurred on for representation; as follows: publication programs as authorized by section or after October 1, 1984, through external bor- 810 of such Act of 1948 (22 U.S.C. 1475e) and, rowings: Provided further, That of the funds SALARIES AND EXPENSES notwithstanding any other law, fees from edu- appropriated in this paragraph, $100,000,000 For salaries and expenses, not otherwise pro- cational advising and counseling, and exchange may be made available only on a semi-annual vided for, $17,490,000. visitor program services: Provided further, That basis pursuant to a certification by the Sec- CONSTRUCTION not to exceed $920,000 to remain available until retary of State on a semi-annual basis, that the For detailed plan preparation and construc- expended may be used to carry out projects in- United Nations has taken no action during the tion of authorized projects, $6,463,000, to remain volving security construction and related im- preceding six months to increase funding for available until expended, as authorized by sec- provements for agency facilities not physically any United Nations program without identify- tion 24(c) of the State Department Basic Au- located together with Department of State facili- ing an offsetting decrease during that six-month thorities Act of 1956 (22 U.S.C. 2696(c)). ties abroad. period elsewhere in the United Nations budget AMERICAN SECTIONS, INTERNATIONAL TECHNOLOGY FUND and cause the United Nations to exceed the ex- COMMISSIONS For expenses necessary to enable the United pected reform budget for the biennium 1998–1999 For necessary expenses, not otherwise pro- States Information Agency to provide for the of $2,533,000,000: Provided further, That not to vided for the International Joint Commission procurement of information technology improve- exceed $12,000,000 shall be transferred from and the International Boundary Commission, ments, as authorized by the United States Infor- funds made available under this heading to the United States and Canada, as authorized by mation and Educational Exchange Act of 1948, H10708 CONGRESSIONAL RECORD — HOUSE November 12, 1997 as amended (22 U.S.C. 1431 et seq.), the Mutual Radio Broadcasting to Cuba Act, as amended, SEC. 404. (a)(1) For purposes of implementing Educational and Cultural Exchange Act of 1961, the Television Broadcasting to Cuba Act, and the International Cooperative Administrative as amended (22 U.S.C. 2451 et seq.), and Reorga- the International Broadcasting Act of 1994, in- Support Services program in fiscal year 1998, the nization Plan No. 2 of 1977 (91 Stat. 1636), cluding the purchase, rent, construction, and amounts referred to in paragraph (2) shall be $5,050,000, to remain available until expended. improvement of facilities for radio and television transferred in accordance with the provisions of EDUCATIONAL AND CULTURAL EXCHANGE transmission and reception, and purchase and subsection (b). PROGRAMS installation of necessary equipment for radio (2) Paragraph (1) applies to amounts made For expenses of educational and cultural ex- and television transmission and reception, available by title IV of this Act under the head- change programs, as authorized by the Mutual $22,095,000, to remain available until expended. ing ‘‘ADMINISTRATION OF FOREIGN AFFAIRS’’ as Educational and Cultural Exchange Act of 1961, RADIO CONSTRUCTION follows: as amended (22 U.S.C. 2451 et seq.), and Reorga- For the purchase, rent, construction, and im- (A) $108,932,000 of the amount made available nization Plan No. 2 of 1977 (91 Stat. 1636), provement of facilities for radio transmission under the paragraph ‘‘DIPLOMATIC AND CON- $197,731,000, to remain available until expended and reception, and purchase and installation of SULAR PROGRAMS’’. as authorized by section 105 of such Act of 1961 necessary equipment for radio and television (B) $3,530,000 of the amount made available (22 U.S.C. 2455): Provided, That not to exceed transmission and reception as authorized by sec- under the paragraph ‘‘SECURITY AND MAINTE- $800,000, to remain available until expended, tion 801 of the United States Information and NANCE OF UNITED STATES MISSIONS’’. may be credited to this appropriation from fees Educational Exchange Act of 1948 (22 U.S.C. (b) Funds transferred pursuant to subsection or other payments received from or in connec- 1471), $40,000,000, to remain available until ex- (a) shall be transferred to the specified appro- tion with English teaching and publication pro- pended, as authorized by section 704(a) of such priation, allocated to the specified account or grams as authorized by section 810 of the United Act of 1948 (22 U.S.C. 1477b(a)). accounts in the specified amount, be merged States Information and Educational Exchange EAST-WEST CENTER with funds in such account or accounts that are Act of 1948 (22 U.S.C. 1475e) and, notwithstand- To enable the Director of the United States available for administrative support expenses of ing any other provision of law, fees from edu- Information Agency to provide for carrying out overseas activities, and be available for the same cational advising and counseling. the provisions of the Center for Cultural and purposes, and subject to the same terms and conditions, as the funds with which merged, as EISENHOWER EXCHANGE FELLOWSHIP PROGRAM Technical Interchange Between East and West follows: TRUST FUND Act of 1960 (22 U.S.C. 2054–2057), by grant to the Center for Cultural and Technical Interchange (1) Appropriations for the Legislative For necessary expenses of Eisenhower Ex- Between East and West in the State of Hawaii, Branch— change Fellowships, Incorporated, as author- $12,000,000: Provided, That none of the funds (A) for the Library of Congress, for salaries ized by sections 4 and 5 of the Eisenhower Ex- appropriated herein shall be used to pay any and expenses, $500,000; and change Fellowship Act of 1990 (20 U.S.C. 5204– salary, or enter into any contract providing for (B) for the General Accounting Office, for sal- 5205), all interest and earnings accruing to the the payment thereof, in excess of the rate au- aries and expenses, $12,000. Eisenhower Exchange Fellowship Program thorized by 5 U.S.C. 5376. (2) Appropriations for the Office of the United Trust Fund on or before September 30, 1998, to States Trade Representative, for salaries and ex- remain available until expended: Provided, That NORTH/SOUTH CENTER To enable the Director of the United States penses, $302,000. none of the funds appropriated herein shall be (3) Appropriations for the Department of Com- used to pay any salary or other compensation, Information Agency to provide for carrying out the provisions of the North/South Center Act of merce, for the International Trade Administra- or to enter into any contract providing for the tion, for operations and administration, payment thereof, in excess of the rate author- 1991 (22 U.S.C. 2075), by grant to an educational institution in Florida known as the North/South $7,055,000. ized by 5 U.S.C. 5376; or for purposes which are (4) Appropriations for the Department of Jus- not in accordance with OMB Circulars A–110 Center, $1,500,000, to remain available until ex- pended. tice— (Uniform Administrative Requirements) and A– (A) for legal activities— NATIONAL ENDOWMENT FOR DEMOCRACY 122 (Cost Principles for Non-profit Organiza- (i) for general legal activities, for salaries and For grants made by the United States Infor- tions), including the restrictions on compensa- expenses, $194,000; and mation Agency to the National Endowment for tion for personal services. (ii) for the United States Marshals Service, for Democracy as authorized by the National En- ISRAELI ARAB SCHOLARSHIP PROGRAM salaries and expenses, $2,000; dowment for Democacy Act, $30,000,000, to re- (B) for the Federal Bureau of Investigation, For necessary expenses of the Israeli Arab main available until expended. Scholarship Program as authorized by section for salaries and expenses, $2,477,000; GENERAL PROVISIONS—DEPARTMENT OF STATE 214 of the Foreign Relations Authorization Act, (C) for the Drug Enforcement Administration, AND RELATED AGENCIES Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all for salaries and expenses, $6,356,000; and interest and earnings accruing to the Israeli SEC. 401. Funds appropriated under this title (D) for the Immigration and Naturalization Arab Scholarship Fund on or before September shall be available, except as otherwise provided, Service, for salaries and expenses, $1,313,000. 30, 1998, to remain available until expended. for allowances and differentials as authorized (5) Appropriations for the United States Infor- by subchapter 59 of title 5, United States Code; INTERNATIONAL BROADCASTING OPERATIONS mation Agency, for international information for services as authorized by 5 U.S.C. 3109; and For expenses necessary to enable the United programs, $25,047,000. hire of passenger transportation pursuant to 31 (6) Appropriations for the Arms Control and States Information Agency, as authorized by the U.S.C. 1343(b). Disarmament Agency, for arms control and dis- United States Information and Educational Ex- SEC. 402. Not to exceed 5 percent of any ap- armament activities, $1,247,000. change Act of 1948, as amended, the United propriation made available for the current fiscal (7) Appropriations to the President— States International Broadcasting Act of 1994, year for the Department of State in this Act may (A) for the Foreign Military Financing Pro- as amended, and Reorganization Plan No. 2 of be transferred between such appropriations, but gram, for administrative costs, $6,660,000; 1977, to carry out international communication no such appropriation, except as otherwise spe- (B) for the Economic Support Fund, $336,000; activities, $364,415,000, of which $12,100,000 shall cifically provided, shall be increased by more (C) for the Agency for International Develop- remain available until expended, not to exceed than 10 percent by any such transfers: Pro- ment— $16,000 may be used for official receptions with- vided, That not to exceed 5 percent of any ap- (i) for operating expenses, $6,008,000; in the United States as authorized by section propriation made available for the current fiscal (ii) for the Urban and Environmental Credit 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not year for the United States Information Agency Program, $54,000; to exceed $35,000 may be used for representation in this Act may be transferred between such ap- (iii) for the Development Assistance Fund, abroad as authorized by section 302 of such Act propriations, but no such appropriation, except $124,000; of 1948 (22 U.S.C. 1452) and section 905 of the as otherwise specifically provided, shall be in- (iv) for the Development Fund for Africa, Foreign Service Act of 1980 (22 U.S.C. 4085), and creased by more than 10 percent by any such $526,000; not to exceed $39,000 may be used for official re- transfers: Provided further, That any transfer (v) for assistance for the new independent ception and representation expenses of Radio pursuant to this section shall be treated as a re- states of the former Soviet Union, $818,000; Free Europe/Radio Liberty; and in addition, programming of funds under section 605 of this (vi) for assistance for Eastern Europe and the notwithstanding any other provision of law, not Act and shall not be available for obligation or Baltic States, $283,000; and to exceed $2,000,000 in receipts from advertising expenditure except in compliance with the pro- (vii) for international disaster assistance, and revenue from business ventures, not to ex- cedures set forth in that section. $306,000; ceed $500,000 in receipts from cooperating inter- SEC. 403. Funds appropriated by this Act for (D) for the Peace Corps, $3,672,000; and national organizations, and not to exceed the United States Information Agency, the Arms (E) for the Department of State— $1,000,000 in receipts from privatization efforts Control and Disarmament Agency, and the De- (i) for international narcotics control, of the Voice of America and the International partment of State may be obligated and ex- $1,117,000; and, Broadcasting Bureau, as authorized by section pended notwithstanding section 701 of the Unit- (ii) for migration and refugee assistance, 810 of such Act of 1948 (22 U.S.C. 1475e), to re- ed States Information and Educational Ex- $394,000. main available until expended for carrying out change Act of 1948 and section 313 of the For- (8) Appropriations for the Department of De- authorized purposes. eign Relations Authorization Act, Fiscal Years fense— BROADCASTING TO CUBA 1994 and 1995, section 53 of the Arms Control (A) for operation and maintenance— For expenses necessary to enable the United and Disarmament Act, and section 15 of the (i) for operation and maintenance, Army, States Information Agency to carry out the State Department Basic Authorities Act of 1956. $4,394,000; November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10709 (ii) for operation and maintenance, Navy, $2,800,000 bears to $112,462,000, rounded to the tration, and payments received therefor shall be $1,824,000; nearest thousand. credited to the appropriation charged with the (iii) for operation and maintenance, Air SEC. 405. (a) An employee who regularly com- cost thereof: Provided, That rental payments Force, $1,603,000; and mutes from his or her place of residence in the under any such lease, contract, or occupancy (iv) for operation and maintenance, Defense- continental United States to an official duty for items other than such utilities, services, or Wide, $21,993,000; and station in Canada or Mexico shall receive a bor- repairs shall be covered into the Treasury as (B) for procurement, for other procurement, der equalization adjustment equal to the miscellaneous receipts. Air Force, $4,211,000. amount of comparability payments under sec- No obligations shall be incurred during the (9) Appropriations for the American Battle tion 5304 of title V, United States Code, that he current fiscal year from the construction fund Monuments Commission, for salaries and ex- or she would receive if assigned to an official established by the Merchant Marine Act, 1936, penses, $210,000. duty station within the United States locality or otherwise, in excess of the appropriations and (10) Appropriations for the Department of Ag- pay area closest to the employee’s official duty limitations contained in this Act or in any prior riculture— station. appropriation Act, and all receipts which other- (A) for the Animal and Plant Health Inspec- (b) For purposes of this section, the term ‘‘em- wise would be deposited to the credit of said tion Service, for salaries and expenses, $932,000; ployee’’ shall mean a person who— fund shall be covered into the Treasury as mis- (B) for the Foreign Agricultural Service and (1) is an ‘‘employee’’ as defined under section cellaneous receipts. General Sales Manager, $4,521,000; and 2105 of title V, United States Code, and COMMISSION FOR THE PRESERVATION OF (C) for the Agricultural Research Service, (2) is employed by the United States Depart- AMERICA’S HERITAGE ABROAD $16,000. ment of State, the United States Information SALARIES AND EXPENSES (11) Appropriations for the Department of Agency, the United States Agency for Inter- For expenses for the Commission for the Pres- Treasury— national Development, or the International ervation of America’s Heritage Abroad, $250,000, (A) for the United States Customs Service, for Joint Commission, except that the term shall not as authorized by Public Law 99–83, section 1303. salaries and expenses, $2,002,000; include members of the Foreign Service as de- (B) for departmental offices, for salaries and fined by section 103 of the Foreign Service Act COMMISSION ON CIVIL RIGHTS expenses, $804,000; of 1980 (P.L. 96–465), section 3903 of title 22 of SALARIES AND EXPENSES (C) for the Internal Revenue Service, for tax the United States Code. For necessary expenses of the Commission on law enforcement, $662,000; (c) An equalization adjustment payable under Civil Rights, including hire of passenger motor (D) for the Bureau of Alcohol, Tobacco, and this section shall be considered basic pay for the vehicles, $8,740,000: Provided, That not to ex- Firearms, for salaries and expenses, $17,000; same purposes as are comparability payments ceed $50,000 may be used to employ consultants: (E) for the United States Secret Service, for under section 5304 of title V, United States Provided further, That none of the funds appro- salaries and expenses, $617,000; and Code, and its implementing regulations. priated in this paragraph shall be used to em- (F) for the Comptroller of the Currency, for (d) The agencies referenced in subsection ploy in excess of four full-time individuals assessment funds, $29,000. (c)(2) are authorized to promulgate regulations under Schedule C of the Excepted Service exclu- (12) Appropriations for the Department of to carry out the purposes of this section. sive of one special assistant for each Commis- Transportation— This title may be cited as the ‘‘Department of sioner: Provided further, That none of the funds (A) for the Federal Aviation Administration, State and Related Agencies Appropriations Act, appropriated in this paragraph shall be used to for operations, $1,594,000; and 1998’’. reimburse Commissioners for more than 75 (B) for the Coast Guard, for operating ex- billable days, with the exception of the Chair- penses, $65,000. TITLE V—RELATED AGENCIES person who is permitted 125 billable days. (13) Appropriations for the Department of DEPARTMENT OF TRANSPORTATION Labor, for departmental management, for sala- MARITIME ADMINISTRATION COMMISSION ON IMMIGRATION REFORM SALARIES AND EXPENSES ries and expenses, $58,000. OPERATING-DIFFERENTIAL SUBSIDIES (14) Appropriations for the Department of For necessary expenses of the Commission on Health and Human Services— (LIQUIDATION OF CONTRACT AUTHORITY) Immigration Reform pursuant to section 141(f) (A) for the National Institutes of Health, for For the payment of obligations incurred for of the Immigration Act of 1990, $459,000 to re- the National Cancer Institute, $42,000; operating-differential subsidies, as authorized main available until expended. (B) for the Office of the Secretary, for general by the Merchant Marine Act, 1936, as amended, COMMISSION ON SECURITY AND COOPERATION IN departmental management, $71,000; and $51,030,000, to remain available until expended. EUROPE (C) for the Centers for Disease Control and MARITIME SECURITY PROGRAM Prevention, for disease control, research, and For necessary expenses to maintain and pre- SALARIES AND EXPENSES training, $522,000. serve a U.S.-flag merchant fleet to serve the na- For necessary expenses of the Commission on (15) Appropriations for the Social Security Ad- tional security needs of the United States, Security and Cooperation in Europe, as author- ministration, for administrative expenses, $35,500,000, to remain available until expended. ized by Public Law 94–304, $1,090,000, to remain available until expended as authorized by sec- $370,000. OPERATIONS AND TRAINING tion 3 of Public Law 99–7. (16) Appropriations for the Department of the For necessary expenses of operations and Interior— training activities authorized by law, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (A) for the United States Fish and Wildlife $67,600,000: Provided, That reimbursements may SALARIES AND EXPENSES Service, for resource management, $12,000; be made to this appropriation from receipts to For necessary expenses of the Equal Employ- (B) for the United States Geological Survey, the ‘‘Federal Ship Financing Fund’’ for admin- ment Opportunity Commission as authorized by for surveys, investigations, and research, istrative expenses in support of that program in title VII of the Civil Rights Act of 1964, as $80,000; and addition to any amount heretofore appro- amended (29 U.S.C. 206(d) and 621–634), the (C) for the Bureau of Reclamation, for water priated. Americans with Disabilities Act of 1990, and the and related resources, $101,000. Civil Rights Act of 1991, including services as (17) Appropriations for the Department of MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT authorized by 5 U.S.C. 3109; hire of passenger Veterans Affairs, for departmental administra- motor vehicles as authorized by 31 U.S.C. tion, for general operating expenses, $453,000. For the cost of guaranteed loans, as author- ized by the Merchant Marine Act, 1936, 1343(b); non-monetary awards to private citi- (18) Appropriations for the National Aero- zens; and not to exceed $27,500,000 for payments nautics and Space Administration, for mission $32,000,000, to remain available until expended: Provided, That such costs, including the cost of to State and local enforcement agencies for serv- support, $183,000. ices to the Commission pursuant to title VII of (19) Appropriations for the National Science modifying such loans, shall be as defined in sec- tion 502 of the Congressional Budget Act of 1974, the Civil Rights Act of 1964, as amended, sec- Foundation, for research and related activities, tions 6 and 14 of the Age Discrimination in Em- $39,000. as amended: Provided further, That these funds are available to subsidize total loan principal, ployment Act, the Americans with Disabilities (20) Appropriations for the Federal Emergency Act of 1990, and the Civil Rights Act of 1991; Management Agency, for salaries and expenses, any part of which is to be guaranteed, not to ex- ceed $1,000,000,000. $242,000,000: Provided, That the Commission is $4,000. authorized to make available for official recep- (21) Appropriations for the Department of En- In addition, for administrative expenses to carry out the guaranteed loan program, not to tion and representation expenses not to exceed ergy— $2,500 from available funds. (A) for departmental administration, $150,000; exceed $3,725,000, which shall be transferred to and and merged with the appropriation for Oper- FEDERAL COMMUNICATIONS COMMISSION (B) for atomic energy defense activities, for ations and Training. SALARIES AND EXPENSES other defense activities, $54,000. ADMINISTRATIVE PROVISIONS—MARITIME For necessary expenses of the Federal Commu- (22) Appropriations for the Nuclear Regu- ADMINISTRATION nications Commission, as authorized by law, in- latory Commission, for salaries and expenses, Notwithstanding any other provision of this cluding uniforms and allowances therefor, as $26,000. Act, the Maritime Administration is authorized authorized by 5 U.S.C. 5901–02; not to exceed (c)(1) The amount in subsection (a)(2)(A) is re- to furnish utilities and services and make nec- $600,000 for land and structure; not to exceed duced by $2,800,000. essary repairs in connection with any lease, $500,000 for improvement and care of grounds (2) Each amount in subsection (b) is reduced contract, or occupancy involving Government and repair to buildings; not to exceed $4,000 for on a pro rata basis in the same proportion as property under control of the Maritime Adminis- official reception and representation expenses; H10710 CONGRESSIONAL RECORD — HOUSE November 12, 1997 purchase (not to exceed 16) and hire of motor priated in this Act to the Legal Services Cor- (2) The term ‘‘related legal assistance’’ means vehicles; special counsel fees; and services as poration may be used to provide financial assist- legal assistance directly related to the preven- authorized by 5 U.S.C. 3109; $186,514,000, of ance to any person or entity except through a tion of, or obtaining of relief from, the battery which not to exceed $300,000 shall remain avail- competitive selection process conducted in ac- or cruelty described in such subsection. able until September 30, 1999, for research and cordance with regulations promulgated by the SEC. 503. (a) CONTINUATION OF AUDIT RE- policy studies: Provided, That $162,523,000 of Corporation in accordance with the criteria set QUIREMENTS.—The requirements of section 509 of offsetting collections shall be assessed and col- forth in subsections (c), (d), and (e) of section Public Law 104–134 (110 Stat. 1321–58 et seq.), lected pursuant to section 9 of title I of the Com- 503 of Public Law 104–134 (110 Stat. 1321–52 et other than subsection (l) of such section, shall munications Act of 1934, as amended, and shall seq.). apply during fiscal year 1998. be retained and used for necessary expenses in (b) INAPPLICABILITY OF CERTAIN PROCE- (b) REQUIREMENT OF ANNUAL AUDIT.—An an- this appropriation, and shall remain available DURES.—Sections 1007(a)(9) and 1011 of the nual audit of each person or entity receiving fi- until expended: Provided further, That the sum Legal Services Corporation Act (42 U.S.C. nancial assistance from the Legal Services Cor- herein appropriated shall be reduced as such 2996f(a)(9) and 2996j) shall not apply to the pro- poration under this Act shall be conducted dur- offsetting collections are received during fiscal vision, denial, suspension, or termination of any ing fiscal year 1998 in accordance with the re- year 1998 so as to result in a final fiscal year financial assistance using funds appropriated in quirements referred to in subsection (a). 1998 appropriation estimated at $23,991,000: Pro- this Act. SEC. 504. (a) DEBARMENT.—The Legal Services vided further, That any offsetting collections re- (c) ADDITIONAL PROCEDURES.—If, during any Corporation may debar a recipient, on a show- ceived in excess of $162,523,000 in fiscal year term of a grant or contract awarded to a recipi- ing of good cause, from receiving an additional 1998 shall remain available until expended, but ent by the Legal Services Corporation under the award of financial assistance from the Corpora- shall not be available for obligation until Octo- competitive selection process referred to in sub- tion. Any such action to debar a recipient shall ber 1, 1998. section (a) and applicable Corporation regula- be instituted after the Corporation provides no- FEDERAL MARITIME COMMISSION tions, the Corporation finds, after notice and tice and an opportunity for a hearing to the re- SALARIES AND EXPENSES opportunity for the recipient to be heard, that cipient. For necessary expenses of the Federal Mari- the recipient has failed to comply with any re- (b) REGULATIONS.—The Legal Services Cor- time Commission as authorized by section 201(d) quirement of the Legal Services Corporation Act poration shall promulgate regulations to imple- of the Merchant Marine Act of 1936, as amended (42 U.S.C. 2996 et seq.), this Act, or any other ment this section. (46 U.S.C. App. 1111), including services as au- applicable law relating to funding for the Cor- (c) GOOD CAUSE.—In this section, the term thorized by 5 U.S.C. 3109; hire of passenger poration, the Corporation may terminate the ‘‘good cause’’, used with respect to debarment, motor vehicles as authorized by 31 U.S.C. grant or contract and institute a new competi- includes— 1343(b); and uniforms or allowances therefor, as tive selection process for the area served by the (1) prior termination of the financial assist- authorized by 5 U.S.C. 5901–02; $14,000,000: Pro- recipient, notwithstanding the terms of the re- ance of the recipient, under part 1640 of title 45, vided, That not to exceed $2,000 shall be avail- cipient’s grant or contract. Code of Federal Regulations (or any similar cor- able for official reception and representation ex- SEC. 502. (a) CONTINUATION OF REQUIREMENTS responding regulation or ruling); penses. AND RESTRICTIONS.—None of the funds appro- (2) prior termination in whole, under part 1606 of title 45, Code of Federal Regulations (or any FEDERAL TRADE COMMISSION priated in this Act to the Legal Services Cor- poration shall be expended for any purpose pro- similar corresponding regulation or ruling), of SALARIES AND EXPENSES hibited or limited by, or contrary to any of the the most recent financial assistance received by For necessary expenses of the Federal Trade provisions of— the recipient, prior to date of the debarment de- Commission, including uniforms or allowances (1) sections 501, 502, 505, 506, and 507 of Public cision; therefor, as authorized by 5 U.S.C. 5901–5902; Law 104–134 (110 Stat. 1321–51 et seq.), and all (3) substantial violation by the recipient of the services as authorized by 5 U.S.C. 3109; hire of funds appropriated in this Act to the Legal statutory or regulatory restrictions that prohibit passenger motor vehicles; and not to exceed Services Corporation shall be subject to the same recipients from using financial assistance made $2,000 for official reception and representation terms and conditions as set forth in such sec- available by the Legal Services Corporation or expenses; $88,500,000: Provided, That not to ex- other financial assistance for purposes prohib- ceed $300,000 shall be available for use to con- tions, except that all references in such sections to 1995 and 1996 shall be deemed to refer instead ited under the Legal Services Corporation Act tract with a person or persons for collection (42 U.S.C. 2996 et seq.) or for involvement in any services in accordance with the terms of 31 to 1997 and 1998, respectively; and (2) section 504 of Public Law 104–134 (110 Stat. activity prohibited by, or inconsistent with, sec- U.S.C. 3718, as amended: Provided further, That 1321–53 et seq.), and all funds appropriated in tion 504 of Public Law 104–134 (110 Stat. 1321–53 notwithstanding any other provision of law, not et seq.), section 502(a)(2) of Public Law 104–208 to exceed $70,000,000 of offsetting collections de- this Act to the Legal Services Corporation shall (110 Stat. 3009–59 et seq.), or section 502(a)(2) of rived from fees collected for premerger notifica- be subject to the same terms and conditions set this Act; tion filings under the Hart-Scott-Rodino Anti- forth in such section, except that— (A) subsection (c) of such section 504 shall not (4) knowing entry by the recipient into a trust Improvements Act of 1976 (15 U.S.C. 18(a)) apply; subgrant, subcontract, or other agreement with shall be retained and used for necessary ex- (B) paragraph (3) of section 508(b) of Public an entity that had been debarred by the Cor- penses in this appropriation, and shall remain Law 104–134 (110 Stat. 1321–58) shall apply with poration; or available until expended: Provided further, respect to the requirements of subsection (a)(13) (5) the filing of a lawsuit by the recipient, on That the sum herein appropriated from the Gen- of such section 504, except that all references in behalf of the recipient, as part of any program eral Fund shall be reduced as such offsetting such section 508(b) to the date of enactment receiving any Federal funds, naming the Cor- collections are received during fiscal year 1998, poration, or any agency or employee of a Fed- so as to result in a final fiscal year 1998 appro- shall be deemed to refer to April 26, 1996; and (C) subsection (a)(11) of such section 504 shall eral, State, or local government, as a defendant. priation from the General Fund estimated at not not be construed to prohibit a recipient from SEC. 505. (a) Not later than January 1, 1998, more than $18,500,000, to remain available until using funds derived from a source other than the Legal Services Corporation shall implement expended: Provided further, That any fees re- the Corporation to provide related legal assist- a system of case information disclosure which ceived in excess of $70,000,000 in fiscal year 1998 shall apply to all basic field programs which re- shall remain available until expended, but shall ance to— (i) an alien who has been battered or sub- ceive funds from the Legal Services Corporation not be available for obligation until October 1, jected to extreme cruelty in the United States by from funds appropriated in this Act. 1998: Provided further, That none of the funds a spouse or a parent, or by a member of the (b) Any basic field program which receives made available to the Federal Trade Commission spouse’s or parent’s family residing in the same Federal funds from the Legal Services Corpora- shall be available for obligation for expenses au- tion from funds appropriated in this Act must thorized by section 151 of the Federal Deposit household as the alien and the spouse or parent disclose to the public in written form, upon re- Insurance Corporation Improvement Act of 1991 consented or acquiesced to such battery or cru- quest, and to the Legal Services Corporation in (Public Law 102–242, 105 Stat. 2282–2285). elty; or (ii) an alien whose child has been battered or semiannual reports, the following information LEGAL SERVICES CORPORATION subjected to extreme cruelty in the United States about each case filed by its attorneys in any PAYMENT TO THE LEGAL SERVICES CORPORATION by a spouse or parent of the alien (without the court: For payment to the Legal Services Corpora- active participation of the alien in the battery (1) The name and full address of each party to tion to carry out the purposes of the Legal Serv- or extreme cruelty), or by a member of the the legal action unless such information is pro- ices Corporation Act of 1974, as amended, spouse’s or parent’s family residing in the same tected by an order or rule of a court or by State $283,000,000, of which $274,400,000 is for basic household as the alien and the spouse or parent or Federal law or revealing such information field programs and required independent audits; consented or acquiesced to such battery or cru- would put the client of the recipient of such $1,500,000 is for the Office of Inspector General, elty, and the alien did not actively participate Federal funds at risk of physical harm. of which such amounts as may be necessary in such battery or cruelty. (2) The cause of action in the case. may be used to conduct additional audits of re- (b) DEFINITIONS.—For purposes of subsection (3) The name and address of the court in cipients; and $7,100,000 is for management and (a)(2)(C): which the case was filed and the case number administration. (1) The term ‘‘battered or subjected to extreme assigned to the legal action. ADMINISTRATIVE PROVISIONS—LEGAL SERVICES cruelty’’ has the meaning given such term under (c) The case information disclosed in semi-an- CORPORATION regulations issued pursuant to subtitle G of the nual reports to the Legal Services Corporation SEC. 501. (a) CONTINUATION OF COMPETITIVE Violence Against Women Act of 1994 (Public shall be subject to disclosure under section 552 SELECTION PROCESS.—None of the funds appro- Law 103–322; 108 Stat. 1953). of title 5, United States Code. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10711

SEC. 506. In establishing the income or assets Entrepreneurial Opportunity in Greensburg, tute Authorization Act of 1992 (Public Law 102– of an individual who is a victim of domestic vio- Pennsylvania, to provide for small business con- 572 (106 Stat. 4515–4516)), $6,850,000, to remain lence, under section 1007(a)(2) of the Legal Serv- sulting and assistance: Provided, That the Ad- available until expended: Provided, That not to ices Corporation Act (42 U.S.C. 2996f(a)(2)), to ministrator is authorized to charge fees to cover exceed $2,500 shall be available for official re- determine if the individual is eligible for legal the cost of publications developed by the Small ception and representation expenses. assistance, a recipient described in such section Business Administration, and certain loan serv- TITLE VI—GENERAL PROVISIONS shall consider only the assets and income of the icing activities: Provided further, That notwith- SEC. 601. No part of any appropriation con- standing 31 U.S.C. 3302, revenues received from individual, and shall not include any jointly tained in this Act shall be used for publicity or all such activities shall be credited to this ac- held assets. propaganda purposes not authorized by the count, to be available for carrying out these MARINE MAMMAL COMMISSION Congress. purposes without further appropriations: Pro- SALARIES AND EXPENSES SEC. 602. No part of any appropriation con- vided further, That $75,800,000 shall be available For necessary expenses of the Marine Mam- tained in this Act shall remain available for ob- to fund grants for performance in fiscal year mal Commission as authorized by title II of Pub- ligation beyond the current fiscal year unless 1998 or fiscal year 1999 as authorized by section lic Law 92–522, as amended, $1,185,000. expressly so provided herein. 21 of the Small Business Act, as amended. SECURITIES AND EXCHANGE COMMISSION SEC. 603. The expenditure of any appropria- OFFICE OF INSPECTOR GENERAL tion under this Act for any consulting service SALARIES AND EXPENSES For necessary expenses of the Office of In- through procurement contract, pursuant to 5 For necessary expenses for the Securities and spector General in carrying out the provisions of U.S.C. 3109, shall be limited to those contracts Exchange Commission, including services as au- the Inspector General Act of 1978, as amended (5 where such expenditures are a matter of public thorized by 5 U.S.C. 3109, the rental of space (to U.S.C. App. 1–11, as amended by Public Law record and available for public inspection, ex- include multiple year leases) in the District of 100–504), $10,000,000. cept where otherwise provided under existing Columbia and elsewhere, and not to exceed BUSINESS LOANS PROGRAM ACCOUNT $3,000 for official reception and representation law, or under existing Executive order issued For the cost of guaranteed loans, $181,232,000, pursuant to existing law. expenses, $283,000,000, of which not to exceed as authorized by 15 U.S.C. 631 note, of which SEC. 604. If any provision of this Act or the $10,000 may be used toward funding a perma- $45,000,000 shall remain available until Septem- application of such provision to any person or nent secretariat for the International Organiza- ber 30, 1999: Provided, That such costs, includ- circumstances shall be held invalid, the remain- tion of Securities Commissions, and of which not ing the cost of modifying such loans, shall be as der of the Act and the application of each provi- to exceed $100,000 shall be available for expenses defined in section 502 of the Congressional sion to persons or circumstances other than for consultations and meetings hosted by the Budget Act of 1974: Provided further, That dur- those as to which it is held invalid shall not be Commission with foreign governmental and ing fiscal year 1998, commitments to guarantee affected thereby. other regulatory officials, members of their dele- loans under section 503 of the Small Business SEC. 605. (a) None of the funds provided under gations, appropriate representatives and staff to Investment Act of 1958, as amended, shall not this Act, or provided under previous appropria- exchange views concerning developments relat- exceed the amount of financings authorized tions Acts to the agencies funded by this Act ing to securities matters, development and im- under section 20(n)(2)(B) of the Small Business that remain available for obligation or expendi- plementation of cooperation agreements con- Act, as amended: Provided further, That during ture in fiscal year 1998, or provided from any ac- cerning securities matters and provision of tech- fiscal year 1998, commitments for general busi- counts in the Treasury of the United States de- nical assistance for the development of foreign ness loans authorized under section 7(a) of the rived by the collection of fees available to the securities markets, such expenses to include nec- Small Business Act, as amended, shall not ex- agencies funded by this Act, shall be available essary logistic and administrative expenses and ceed $10,000,000,000 without prior notification of for obligation or expenditure through a re- the expenses of Commission staff and foreign the Committees on Appropriations of the House programming of funds which: (1) creates new invitees in attendance at such consultations and of Representatives and Senate in accordance programs; (2) eliminates a program, project, or meetings including: (1) such incidental expenses with section 605 of this Act. activity; (3) increases funds or personnel by any as meals taken in the course of such attendance, In addition, for administrative expenses to means for any project or activity for which (2) any travel and transportation to or from carry out the direct and guaranteed loan pro- funds have been denied or restricted; (4) relo- such meetings, and (3) any other related lodging grams, $94,000,000, which may be transferred to cates an office or employees; (5) reorganizes of- or subsistance: Provided, That fees and charges and merged with the appropriations for Salaries fices, programs, or activities; or (6) contracts out authorized by sections 6(b)(4) of the Securities and Expenses. or privatizes any functions, or activities pres- Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the DISASTER LOANS PROGRAM ACCOUNT ently performed by Federal employees; unless Securities Exchange Act of 1934 (15 U.S.C. For the cost of direct loans authorized by sec- the Appropriations Committees of both Houses 78ee(d)) shall be credited to this account as off- tion 7(b) of the Small Business Act, as amended, of Congress are notified fifteen days in advance setting collections: Provided further, That not to $23,200,000, to remain available until expended: of such reprogramming of funds. exceed $249,523,000 of such offsetting collections Provided, That such costs, including the cost of (b) None of the funds provided under this Act, shall be available until expended for necessary modifying such loans, shall be as defined in sec- or provided under previous appropriations Acts expenses of this account: Provided further, That tion 502 of the Congressional Budget Act of 1974. to the agencies funded by this Act that remain the total amount appropriated from the General In addition, for administrative expenses to available for obligation or expenditure in fiscal Fund for fiscal year 1998 under this heading carry out the direct loan program, $150,000,000, year 1998, or provided from any accounts in the shall be reduced as all such offsetting fees are including not to exceed $500,000 for the Office of Treasury of the United States derived by the deposited to this appropriation so as to result in Inspector General of the Small Business Admin- collection of fees available to the agencies fund- a final total fiscal year 1998 appropriation from istration for audits and reviews of disaster loans ed by this Act, shall be available for obligation the General Fund estimated at not more than and the disaster loan program, and said sums or expenditure for activities, programs, or $33,477,000. shall be transferred to and merged with appro- projects through a reprogramming of funds in priations for the Office of the Inspector General. SMALL BUSINESS ADMINISTRATION excess of $500,000 or 10 percent, whichever is SALARIES AND EXPENSES SURETY BOND GUARANTEES REVOLVING FUND less, that: (1) augments existing programs, For necessary expenses, not otherwise pro- For additional capital for the ‘‘Surety Bond projects, or activities; (2) reduces by 10 percent vided for, of the Small Business Administration Guarantees Revolving Fund’’, authorized by the funding for any existing program, project, or ac- as authorized by Public Law 103–403, including Small Business Investment Act, as amended, tivity, or numbers of personnel by 10 percent as hire of passenger motor vehicles as authorized $3,500,000, to remain available without fiscal approved by Congress; or (3) results from any by 31 U.S.C. 1343 and 1344, and not to exceed year limitation as authorized by 15 U.S.C. 631 general savings from a reduction in personnel $3,500 for official reception and representation note. which would result in a change in existing pro- expenses, $254,200,000, of which: $3,000,000 shall ADMINISTRATIVE PROVISION—SMALL BUSINESS grams, activities, or projects as approved by be available for a grant to Lackawanna County, ADMINISTRATION Congress; unless the Appropriations Committees Pennsylvania for infrastructure development to Not to exceed 5 percent of any appropriation of both Houses of Congress are notified fifteen assist in small business development; $3,000,000 made available for the current fiscal year for days in advance of such reprogramming of shall be available for a grant to the NTTC at the Small Business Administration in this Act funds. Wheeling Jesuit University to continue the out- may be transferred between such appropria- SEC. 606. None of the funds made available in reach program to assist small business develop- tions, but no such appropriation shall be in- this Act may be used for the construction, repair ment; $2,000,000 shall be for a grant to Western creased by more than 10 percent by any such (other than emergency repair), overhaul, con- Carolina University to develop a facility to as- transfers: Provided, That any transfer pursuant version, or modernization of vessels for the Na- sist in small business and rural economic devel- to this paragraph shall be treated as a re- tional Oceanic and Atmospheric Administration opment; $1,500,000 shall be available for a grant programming of funds under section 605 of this in shipyards located outside of the United to the State University of New York to develop Act and shall not be available for obligation or States. a facility and operate the Institute of Entrepre- expenditure except in compliance with the pro- SEC. 607. (a) PURCHASE OF AMERICAN-MADE neurship for small business and workforce de- cedures set forth in that section. EQUIPMENT AND PRODUCTS.—It is the sense of velopment; $1,000,000 shall be for a grant for the STATE JUSTICE INSTITUTE the Congress that, to the greatest extent prac- Genesis Small Business Incubator Facility, Fay- SALARIES AND EXPENSES ticable, all equipment and products purchased etteville, Arkansas; and $500,000 shall be avail- For necessary expenses of the State Justice In- with funds made available in this Act should be able for a continuation grant to the Center for stitute, as authorized by the State Justice Insti- American-made. H10712 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(b) NOTICE REQUIREMENT.—In providing fi- amenities or personal comforts in the Federal (2) that would allow such a vessel to engage nancial assistance to, or entering into any con- prison system— in the catching, taking, or harvesting of fish in tract with, any entity using funds made avail- (1) in-cell television viewing except for pris- any other fishery within the exclusive economic able in this Act, the head of each Federal agen- oners who are segregated from the general pris- zone of the United States (except territories), cy, to the greatest extent practicable, shall pro- on population for their own safety; unless a certificate of documentation had been vide to such entity a notice describing the state- (2) the viewing of R, X, and NC–17 rated mov- issued for the vessel and endorsed with a fishery ment made in subsection (a) by the Congress. ies, through whatever medium presented; endorsement that was effective on September 25, (c) PROHIBITION OF CONTRACTS WITH PERSONS (3) any instruction (live or through broad- 1997 and such fishery endorsement was not sur- FALSELY LABELING PRODUCTS AS MADE IN casts) or training equipment for boxing, wres- rendered at any time thereafter. AMERICA.—If it has been finally determined by tling, judo, karate, or other martial art, or any (b) Any fishing permit or authorization issued a court or Federal agency that any person in- bodybuilding or weightlifting equipment of any or renewed prior to the date of the enactment of sort; tentionally affixed a label bearing a ‘‘Made in this Act for a fishing vessel to which the prohi- (4) possession of in-cell coffee pots, hot plates America’’ inscription, or any inscription with bition in subsection (a)(1) applies that would the same meaning, to any product sold in or or heating elements; or (5) the use or possession of any electric or allow such vessel to engage in fishing for Atlan- shipped to the United States that is not made in tic mackerel or herring (or both) during fiscal the United States, the person shall be ineligible electronic musical instrument. EC. 612. None of the funds made available in year 1998 shall be null and void, and none of to receive any contract or subcontract made S title II for the National Oceanic and Atmos- the funds made available in this Act may be with funds made available in this Act, pursuant pheric Administration (NOAA) under the head- used to issue a fishing permit or authorization to the debarment, suspension, and ineligibility ings ‘‘Operations, Research, and Facilities’’ and that would allow a vessel whose permit or au- procedures described in sections 9.400 through ‘‘Procurement, Acquisition and Construction’’ thorization was made null and void pursuant to 9.409 of title 48, Code of Federal Regulations. this subsection to engage in the catching, tak- SEC. 608. None of the funds made available in may be used to implement sections 603, 604, and ing, or harvesting of fish in any other fishery this Act may be used to implement, administer, 605 of Public Law 102–567: Provided, That within the exclusive economic zone of the Unit- or enforce any guidelines of the Equal Employ- NOAA may develop a modernization plan for its ed States. ment Opportunity Commission covering harass- fisheries research vessels that takes fully into EC. 617. During fiscal year 1998 and in any ment based on religion, when it is made known account opportunities for contracting for fish- S to the Federal entity or official to which such eries surveys. fiscal year thereafter, the court, in any criminal EC. 613. Any costs incurred by a Department funds are made available that such guidelines S case (other than a case in which the defendant or agency funded under this Act resulting from do not differ in any respect from the proposed is represented by assigned counsel paid for by personnel actions taken in response to funding guidelines published by the Commission on Oc- the public) pending on or after the date of the reductions included in this Act shall be absorbed tober 1, 1993 (58 Fed. Reg. 51266). enactment of this Act, may award to a prevail- SEC. 609. None of the funds appropriated or within the total budgetary resources available to ing party, other than the United States, a rea- otherwise made available by this Act may be ob- such Department or agency: Provided, That the sonable attorney’s fee and other litigation ex- ligated or expended to pay for any cost incurred authority to transfer funds between appropria- penses, where the court finds that the position for: (1) opening or operating any United States tions accounts as may be necessary to carry out of the United States was vexatious, frivolous, or diplomatic or consular post in the Socialist Re- this section is provided in addition to authori- in bad faith, unless the court finds that special public of Vietnam that was not operating on ties included elsewhere in this Act: Provided circumstances make such an award unjust. July 11, 1995; (2) expanding any United States further, That use of funds to carry out this sec- Such awards shall be granted pursuant to the diplomatic or consular post in the Socialist Re- tion shall be treated as a reprogramming of procedures and limitations (but not the burden public of Vietnam that was operating on July funds under section 605 of this Act and shall not of proof) provided for an award under section 11, 1995; or (3) increasing the total number of be available for obligation or expenditure except 2412 of title 28, United States Code. To deter- personnel assigned to United States diplomatic in compliance with the procedures set forth in mine whether or not to award fees and costs or consular posts in the Socialist Republic of that section. under this section, the court, for good cause EC. 614. None of the funds made available in Vietnam above the levels existing on July 11, S shown, may receive evidence ex parte and in this Act to the Federal Bureau of Prisons may 1995, unless the President certifies within 60 camera (which shall include the submission of be used to distribute or make available any com- days the following: classified evidence or evidence that reveals or (A) Based upon all information available to mercially published information or material to a might reveal the identity of an informant or un- the United States Government, the Government prisoner when it is made known to the Federal dercover agent or matters occurring before a of the Socialist Republic of Vietnam is fully co- official having authority to obligate or expend grand jury) and evidence or testimony so re- operating in good faith with the United States such funds that such information or material is ceived shall be kept under seal. Fees and other in the following: sexually explicit or features nudity. expenses awarded under this provision to a SEC. 615. Of the funds appropriated in this (i) Resolving discrepancy cases, live sightings, party shall be paid by the agency over which Act under the heading ‘‘OFFICE OF JUSTICE and field activities. the party prevails from any funds made avail- PROGRAMS—STATE AND LOCAL LAW ENFORCE- (ii) Recovering and repatriating American re- able to the agency by appropriation. No new ap- MENT ASSISTANCE’’, not more than 90 percent of mains. propriations shall be made as a result of this the amount to be awarded to an entity under (iii) Accelerating efforts to provide documents provision. that will help lead to fullest possible accounting the Local Law Enforcement Block Grant shall be made available to such an entity when it is SEC. 618. None of the funds provided by this of prisoners of war and missing in action. Act shall be available to promote the sale or ex- (iv) Providing further assistance in imple- made known to the Federal official having au- port of tobacco or tobacco products, or to seek menting trilateral investigations with Laos. thority to obligate or expend such funds that (B) The remains, artifacts, eyewitness ac- the entity that employs a public safety officer the reduction or removal by any foreign country counts, archival material, and other evidence (as such term is defined in section 1204 of title of restrictions on the marketing of tobacco or to- associated with prisoners of war and missing in I of the Omnibus Crime Control and Safe Streets bacco products, except for restrictions which are action recovered from crash sites, military ac- Act of 1968) does not provide such a public safe- not applied equally to all tobacco or tobacco tions, and other locations in Southeast Asia are ty officer who retires or is separated from service products of the same type. being thoroughly analyzed by the appropriate due to injury suffered as the direct and proxi- SEC. 619. None of the funds made available in laboratories with the intent of providing surviv- mate result of a personal injury sustained in the this Act may be used to pay the expenses of an ing relatives with scientifically defensible, legal line of duty while responding to an emergency election officer appointed by a court to oversee determinations of death or other accountability situation or a hot pursuit (as such terms are de- an election of any officer or trustee for the that are fully documented and available in un- fined by State law) with the same or better level International Brotherhood of Teamsters. classified and unredacted form to immediate of health insurance benefits that are paid by the SEC. 620. The second proviso of the second family members. entity at the time of retirement or separation. paragraph under the heading ‘‘OFFICE OF THE SEC. 610. None of the funds made available by SEC. 616. (a) None of the funds made available CHIEF SIGNAL OFFICER.’’ in the Act entitled ‘‘An this Act may be used for any United Nations in this Act may be used to issue or renew a fish- Act Making appropriations for the support of undertaking when it is made known to the Fed- ing permit or authorization for any fishing ves- the Regular and Volunteer Army for the fiscal eral official having authority to obligate or ex- sel of the United States greater than 165 feet in year ending June thirtieth, nineteen hundred pend such funds: (1) that the United Nations registered length or of more than 750 gross reg- and one’’, approved May 26, 1900 (31 Stat. 206; undertaking is a peacekeeping mission; (2) that istered tons, and that has an engine or engines chapter 586; 47 U.S.C. 17), is repealed. such undertaking will involve United States capable of producing a total of more than 3,000 SEC. 621. None of the funds appropriated or Armed Forces under the command or oper- shaft horsepower— otherwise made available in this Act shall be ational control of a foreign national; and (3) (1) as specified in the permit application re- used to issue visas to any person who— that the President’s military advisors have not quired under part 648.4(a)(5) of title 50, Code of (1) has been credibly alleged to have ordered, submitted to the President a recommendation Federal Regulations, part 648.12 of title 50, Code carried out, or materially assisted in the that such involvement is in the national secu- of Federal Regulations, and the authorization extrajudicial and political killings of Antoine rity interests of the United States and the Presi- required under part 648.80(d)(2) of title 50, Code Izmery, Guy Malary, Father Jean-Marie Vin- dent has not submitted to the Congress such a of Federal Regulations, to engage in fishing for cent, Pastor Antoine Leroy, Jacques Fleurival, recommendation. Atlantic mackerel or herring (or both) under the Mireille Durocher Bertin, Eugene Baillergeau, SEC. 611. None of the funds made available in Magnuson-Stevens Fishery Conservation and Michelange Hermann, Max Mayard, Romulus this Act shall be used to provide the following Management Act (16 U.S.C. 1801 et seq.); or Dumarsais, Claude Yves Marie, Mario November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10713 Beaubrun, Leslie Grimar, Joseph Chilove, shall be completed and submitted to the Con- ‘‘(a) Subject to section 18, there are author- Michel Gonzalez, and Jean-Hubert Feuille; gress no later than April 10, 1998. ized to be appropriated, for fiscal year 1998, and (2) has been included in the list presented to (b) The report required under subsection (a) for each fiscal year thereafter, an amount equal former President Jean-Bertrand Aristide by shall provide a detailed description of the extent to the amount of funds derived from the assess- former National Security Council Advisor An- to which the Commission interpretations re- ments authorized by section 18(a).’’. thony Lake in December 1995, and acted upon viewed under paragraphs (1) through (5) are SEC. 629. (a) IN GENERAL.—The Secretary of by President Rene Preval; consistent with the plain language of the Com- Energy shall— (3) was sought for an interview by the Federal munications Act of 1934 (47 U.S.C. 151 et seq.), (1) convey, without consideration, to the In- Bureau of Investigation as part of its inquiry as amended by the Telecommunications Act of corporated County of Los Alamos, New Mexico into the March 28, 1995, murder of Mireille 1996, and shall include a review of— (in this section referred to as the ‘‘County’’), or Durocher Bertin and Eugene Baillergeau, Jr., (1) the definitions of ‘‘information service,’’ to the designee of the County, fee title to the and was credibly alleged to have ordered, car- ‘‘local exchange carrier,’’ ‘‘telecommuni- parcels of land that are allocated for convey- ried out, or materially assisted in those murders, cations,’’ ‘‘telecommunications service,’’ ‘‘tele- ance to the County in the agreement under sub- per a June 28, 1995, letter to the then Minister communications carrier,’’ and ‘‘telephone ex- section (e); and of Justice of the Government of Haiti, Jean-Jo- change service’’ that were added to section 3 of (2) transfer to the Secretary of the Interior, in seph Exume; the Communications Act of 1934 (47 U.S.C. 153) trust for the Pueblo of San Ildefonso (in this (4) was a member of the Haitian High Com- by the Telecommunications Act of 1996 and the section referred to as the ‘‘Pueblo’’), administra- mand during the period 1991 through 1994, and impact of the Commission’s interpretation of tive jurisdiction over the parcels that are allo- has been credibly alleged to have planned, or- those definitions on the current and future pro- cated for transfer to the Secretary of the Inte- dered, or participated with members of the Hai- vision of universal service to consumers in all rior in such agreement. tian Armed Forces in— areas of the nation, including high cost and (b) PRELIMINARY IDENTIFICATION OF PARCELS (A) the September 1991 coup against any per- rural areas; OF LAND FOR CONVEYANCE OR TRANSFER.—(1) son who was a duly elected government official (2) the application of those definitions to Not later than 90 days after the date of enact- of Haiti (or a member of the family of such offi- mixed or hybrid services and the impact of such ment of this Act, the Secretary of Energy shall cial), or application on universal service definitions and submit to the congressional defense committees a (B) the murders of thousands of Haitians dur- support, and the consistency of the Commis- report identifying the parcels of land under the ing the period 1991 through 1994; or sion’s application of those definitions, including jurisdiction or administrative control of the Sec- (5) has been credibly alleged to have been a with respect to Internet access under section retary at or in the vicinity of Los Alamos Na- member of the paramilitary organization known 254(h) of the Communications Act of 1934 (47 tional Laboratory that are suitable for convey- as FRAPH who planned, ordered, or partici- U.S.C. 254(h)); ance or transfer under this section. pated in acts of violence against the Haitian (3) who is required to contribute to universal (2) A parcel is suitable for conveyance or people. service under section 254(d) of the Communica- transfer for purposes of paragraph (1) if the (b) EXEMPTION.—Subsection (a) shall not tions Act of 1934 (47 U.S.C. 254(d)) and related parcel— apply if the Secretary of State finds, on a case- existing federal universal service support mecha- (A) is not required to meet the national secu- by-case basis, that the entry into the United nisms, and of any exemption of providers or ex- rity mission of the Department of Energy or will States of a person who would otherwise be ex- clusion of any service that includes tele- not be required for that purpose before the end cluded under this section is necessary for medi- communications from such requirement or sup- of the 10-year period beginning on the date of cal reasons or such person has cooperated fully port mechanisms; enactment of this Act; with the investigation of these political murders. (4) who is eligible under sections 254(e), (B) is likely to be conveyable or transferable, If the Secretary of State exempts any such per- 254(h)(1), and 254(h)(2) of the Communications as the case may be, under this section not later son, the Secretary shall notify the appropriate Act of 1934 (47 U.S.C. 254(e), 254(h)(1), and than the end of such period; and congressional committees in writing. 254(h)(2)) to receive specific federal universal (C) is suitable for use for a purpose specified (c) REPORTING REQUIREMENT.—(1) The United service support for the provision of universal in subsection (h). States chief of mission in Haiti shall provide the service, and the consistency with which the (c) REVIEW OF TITLE.—(1) Not later than one Secretary of State a list of those who have been Commission has interpreted each of those provi- year after the date of enactment of this Act, the credibly alleged to have ordered or carried out sions of section 254; and Secretary shall submit to the congressional de- the extrajudicial and political killings men- (5) the Commission’s decisions regarding the fense committees a report setting forth the re- tioned in paragraph (1) of subsection (a). percentage of universal service support provided sults of a title search on each parcel of land (2) The Secretary of State shall submit the list by federal mechanisms and the revenue base identified as suitable for conveyance or transfer provided under paragraph (1) to the appropriate from which such support is derived. under subsection (b), including an analysis of congressional committees not later than 3 SEC. 624. Section 6(d)(1) of the National Foun- any claims against or other impairments to the months after the date of enactment of this Act. dation on the Arts and the Humanities Act of fee title to each such parcel. (3) The Secretary of State shall submit to the 1965 (20 U.S.C. 955(d)(1)) is amended by striking (2) In the period beginning on the date of the appropriate congressional committees a list of the word ‘‘fourteen’’ and inserting in lieu there- completion of the title search with respect to a aliens denied visas, and the Attorney General of ‘‘eight’’. parcel under paragraph (1) and ending on the shall submit to the appropriate congressional SEC. 625. (a) Section 814(g)(1) of the Foreign date of the submittal of the report under that committees a list of aliens refused entry to the Relations Authorization Act, Fiscal Years 1986 paragraph, the Secretary shall take appropriate United States as a result of this provision. and 1987 (22 U.S.C. 2291 note) is amended by actions to resolve the claims against or other im- (4) The Secretary of State shall submit a re- striking ‘‘$325,000’’ and inserting ‘‘$370,000’’. pairments, if any, to fee title that are identified port under this subsection not later than 6 (b) Section 814(i) of such section is amended with respect to the parcel in the title search. months after the date of enactment of this Act by striking ‘‘September 30, 1997’’ and inserting (d) ENVIRONMENTAL RESTORATION.—(1) Not and not later than March 1 of each year there- ‘‘September 30, 1999’’. later than 21 months after the date of enactment after as long as the Government of Haiti has not SEC. 626. In addition to amounts otherwise of this Act, the Secretary shall— completed the investigation of the extrajudicial made available for payment of obligations in (A) identify the environmental restoration or and political killings and has not prosecuted carrying out 49 U.S.C. 5338(a), $50,000,000 shall remediation, if any, that is required with respect those implicated for the killings specified in remain available until expended and to be de- to each parcel of land identified under sub- paragraph (1) of subsection (a). rived from the Highway Trust Fund: Provided, section (b) to which the United States has fee (d) DEFINITION.—In this section, the term That $50,000,000 shall be paid from the Mass title; ‘‘appropriate congressional committees’’ means Transit Account of the Highway Trust Fund to (B) carry out any review of the environmental the Committee on International Relations and the Federal Transit Administration’s formula impact of the conveyance or transfer of each the Committee on Appropriations of the House grants account: Provided further, That sub- such parcel that is required under the provisions of Representatives and the Committee on For- section (c) of section 337 of the Department of of the National Environmental Policy Act of eign Relations and the Committee on Appropria- Transportation and Related Agencies Appro- 1969 (42 U.S.C. 4321 et seq.); and tions of the Senate. priations Act, 1998 is amended by inserting after (C) submit to Congress a report setting forth SEC. 622. Section 3006 of the Balanced Budget ‘‘House and Senate Committees on Appropria- the results of the activities under subparagraphs Act of 1997 (Public Law 105–33; 111 Stat. 251, tions’’, the following: ‘‘and the Senate Commit- (A) and (B). 269) is hereby repealed. This section shall be tee on Commerce, Science, and Transportation’’. (2) If the Secretary determines under para- deemed a section of the Balanced Budget Act of SEC. 627. (a) Section 501(c)(4) of the District of graph (1) that a parcel described in paragraph 1997 for the purposes of section 10213 of that Act Columbia Police and Firemen’s Act of 1958, (Dis- (1)(A) requires environmental restoration or re- (111 Stat. 712), and shall be scored pursuant to trict of Columbia Code, section 4–416(c)(4)), is mediation, the Secretary shall, to the maximum paragraph (2) of such section. amended by striking ‘‘locality pay’’ and insert- extent practicable, complete the environmental SEC. 623. (a) REPORT ON UNIVERSAL SERVICE ing ‘‘longevity pay’’. restoration or remediation of the parcel not later UNDER THE TELECOMMUNICATIONS ACT OF (b) The amendment made by section (a) is ef- than 10 years after the date of enactment of this 1996.—The Federal Communications Commission fective on the date of enactment of Public Law Act. shall undertake a review of the implementation 105–61. (e) AGREEMENT FOR ALLOCATION OF PAR- by the Commission of the provisions of the Tele- SEC. 628. Section 19(a) of the Indian Gaming CELS.—As soon as practicable after completing communications Act of 1996 (Public Law 104– Regulatory Act (25 U.S.C. 2718(a)) is amended to the review of titles to parcels of land under sub- 104) relating to universal service. Such review read as follows: section (c), but not later than 90 days after the H10714 CONGRESSIONAL RECORD — HOUSE November 12, 1997 submittal of the report under subsection est and is eligible for the payments, persons re- search expenses of the Federal-aid highway pro- (d)(1)(C), the County and the Pueblo shall sub- siding within the boundaries of that unit of gen- gram are insufficient to pay those expenses and mit to the Secretary an agreement between the eral local government shall be exempt during the amounts necessary for operation of the Bu- County and the Pueblo which allocates between that fiscal year from any requirement to pay a reau of Transportation Statistics for fiscal year the County and the Pueblo the parcels identi- Demonstration Program Fee (parking permit or 1998, the Secretary may borrow to pay those ex- fied for conveyance or transfer under subsection passport) imposed by the Secretary of Agri- penses and amounts not to exceed $211,000,000 (b). culture for access to the Forest. from unobligated funds available to the Sec- (f) PLAN FOR CONVEYANCE AND TRANSFER.—(1) ‘‘(2) ADMINISTRATION.—The Secretary of Agri- retary for discretionary allocations. Not later than 90 days after the date of the sub- culture shall establish a method of identifying (2) FROM CERTAIN UNOBLIGATED BALANCES.—If mittal to the Secretary of Energy of the agree- persons who are exempt from requirements to unobligated funds available to the Secretary for ment under subsection (e), the Secretary shall pay user fees under paragraph (1).’’. discretionary allocations are insufficient for the submit to the congressional defense committees a SEC. 631. Section 512(b) of Public Law 105–61 purposes described in paragraph (1), the Sec- plan for conveying or transferring parcels of is amended by adding before the period: ‘‘unless retary may borrow for those purposes not to ex- land under this section in accordance with the the President announced his intent to nominate ceed $211,000,000 from the unobligated balances allocation specified in the agreement. the individual prior to November 30, 1997’’. of funds apportioned or allocated to the States (2) The plan under paragraph (1) shall pro- SEC. 632. Transfers of Unobligated Highway for the Federal-aid highway program. vide for the completion of the conveyance or Apportionments. (a) IN GENERAL.—Notwith- (b) REQUIREMENT TO REIMBURSE.—Funds bor- transfer of parcels under this section not later standing any other provision of law, for fiscal rowed under subsection (a) shall be reimbursed than 9 months after the date of the submittal of year 1998, a State may transfer any funds ap- from amounts made available to the Secretary the plan under that paragraph. portioned to the State for any program under under section 104(a) of title 23, United States (g) CONVEYANCE OR TRANSFER.—(1) Subject to section 104 (including amounts apportioned Code, as soon as practicable after the date of paragraphs (2) and (3), the Secretary shall con- under section 104(b)(3) or set aside or suballo- enactment of a law reauthorizing the Federal- vey or transfer parcels of land in accordance cated under section 133(d)), 144, or 402 of title aid highway program enacted after the date of with the allocation specified in the agreement 23, United States Code, granted to the State for enactment of this Act. submitted to the Secretary under subsection (e). any program under section 410 of that title, or SEC. 634. EXTENSION OF FEDERAL TRANSIT (2) In the case of a parcel allocated under the allocated to the State for any program under PROGRAMS. (a) Title III of the Intermodal Sur- agreement that is not available for conveyance chapter 311 of title 49, United States Code, that face Transportation Efficiency Act of 1991 (105 or transfer in accordance with the requirement are subject to any limitation on obligations, and Stat. 2087–2140) is amended by adding at the end in subsection (f)(2) by reason of its requirement that are not obligated, to any other of those the following: to meet the national security mission of the De- programs. ‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT partment, the Secretary shall convey or transfer (b) TREATMENT OF TRANSFERRED FUNDS.—Any PROGRAMS FOR THE PERIOD OF OC- the parcel, as the case may be, when the parcel funds transferred to another program under TOBER 1, 1997, THROUGH MARCH 31, is no longer required for that purpose. subsection (a) shall be subject to the provisions 1998. (3)(A) In the case of a parcel allocated under of the program to which the funds are trans- ‘‘(a) ALLOCATING AMOUNTS.—Section the agreement that is not available for convey- ferred, except that funds transferred to the sur- 5309(m)(1) of title 49, United States Code, is ance or transfer in accordance with such re- face transportation program under section 133 of amended by inserting ‘, and for the period of quirement by reason of requirements for envi- title 23, United States Code, other than para- October 1, 1997, through March 31, 1998’ after ronmental restoration or remediation, the Sec- graphs (1) and (2) of section 133(d) of that title, ‘1997’. retary shall convey or transfer the parcel, as the shall not be subject to section 133(d) of that ‘‘(b) APPORTIONMENT OF APPROPRIATIONS FOR case may be, upon the completion of the envi- title. FIXED GUIDEWAY MODERNIZATION.—Section 5337 ronmental restoration or remediation that is re- (c) RESTORATION OF APPORTIONMENTS.— of title 49, United States Code, is amended— quired with respect to the parcel. (1) IN GENERAL.—As soon as practicable after ‘‘(1) in subsection (a), by inserting ‘and for (B) If the Secretary determines that environ- the date of enactment of a law reauthorizing the the period of October 1, 1997, through March 31, mental restoration or remediation cannot rea- Federal-aid highway program enacted after the 1998,’ after ‘1997,’; and sonably be expected to be completed with respect date of enactment of this Act, the Secretary of ‘‘(2) by adding at the end the following: ‘‘ ‘(e) SPECIAL RULE FOR OCTOBER 1, 1997, to a parcel by the end of the 10-year period be- Transportation (referred to in this section as the THROUGH MARCH 31, 1998.—The Secretary shall ginning on the date of enactment of this Act, ‘‘Secretary’’) shall restore any funds that a determine the amount that each urbanized area the Secretary shall not convey or transfer the State transferred under subsection (a) for any is to be apportioned for fixed guideway mod- parcel under this section. project not eligible for the funds but for this sec- ernization under this section on a pro rata basis (h) USE OF CONVEYED OR TRANSFERRED tion to the program category from which the to reflect the partial fiscal year 1998 funding LAND.—The parcels of land conveyed or trans- funds were transferred. made available by section 5338(b)(1)(F).’. ferred under this section shall be used for his- (2) PROGRAM CATEGORY RECONCILIATION.—The ‘‘(c) AUTHORIZATIONS.—Section 5338 of title toric, cultural, or environmental preservation Secretary may establish procedures under which 49, United States Code, is amended— purposes, economic diversification purposes, or funds transferred under subsection (a) from a ‘‘(1) in subsection (a)— community self-sufficiency purposes. program category for which funds are no longer ‘‘(A) in paragraph (1), by adding at the end (i) TREATMENT OF CONVEYANCES AND TRANS- authorized may be restored to the Federal-aid the following: FERS.—(1) The purpose of the conveyances and highway program. ‘‘ ‘(F) $1,349,395,000 for the period of October transfers under this section is to fulfill the obli- (d) LIMITATION ON OBLIGATIONS.— 1, 1997, through March 31, 1998.’; and gations of the United States with respect to Los (1) IN GENERAL.—The Secretary shall allocate ‘‘(B) in paragraph (2), by adding at the end Alamos National Laboratory, New Mexico, to a State an amount of obligation authority the following: under sections 91 and 94 of the Atomic Energy made available under the Department of Trans- ‘‘ ‘(F) $369,000,000 for the period of October 1, Community Act of 1955 (42 U.S.C. 2391, 2394). portation and Related Agencies Appropriations 1997, through March 31, 1998.’; (2) Upon the completion of the conveyance or Act, 1998 (Public Law 105–66; 111 Stat. 1425), ‘‘(2) in subsection (b)(1), by adding at the end transfer of the parcels of land available for con- that is not greater than 75 percent of the State’s the following: veyance or transfer under this section, the Sec- total fiscal year 1997 obligation authority for ‘‘ ‘(F) $1,110,605,000 for the period of October retary shall make no further payments with re- funds apportioned for the Federal-aid highway 1, 1997, through March 31, 1998.’; spect to Los Alamos National Laboratory under program until the earlier of— ‘‘(3) in subsection (c), by inserting ‘and not section 91 or section 94 of the Atomic Energy (A) such time as a multiyear law reauthoriz- more than $1,500,000 for the period of October 1, Community Act of 1955. ing the Federal-aid highway program has been 1997, through March 31, 1998,’ after ‘1997,’; (j) REPEAL OF SUPERSEDED PROVISION.—In the enacted; or ‘‘(4) in subsection (e), by inserting ‘and not event of the enactment of the National Defense (B) July 1, 1998. more than $3,000,000 is available from the Fund Authorization Act for Fiscal Year 1998 by rea- (2) CONTRACT AUTHORITY.—No contract au- (except the Account) for the Secretary for the son of the approval of the President of the con- thority made available to the States before July period of October 1, 1997, through March 31, ference report to accompany the bill (H.R.1119) 1, 1998, shall be obligated after that date until 1998,’ after ‘1997,’; of the 105th Congress, section 3165 of such Act such time as a multiyear law reauthorizing the ‘‘(5) in subsection (h)(3), by inserting ‘and is repealed. Federal-aid highway program has been enacted. $3,000,000 is available for section 5317 for the pe- SEC. 630. (a) Section 6906 of title 31, United (e) GUIDANCE.—The Secretary may issue guid- riod of October 1, 1997, through March 31, 1998’ States Code, is amended— ance for use in carrying out this section. after ‘1997’; (1) by inserting ‘‘(a) IN GENERAL.—’’ before SEC. 633. ADMINISTRATIVE EXPENSES FOR FED- ‘‘(6) in subsection (j)(5)— ‘‘Necessary’’; and ERAL-AID HIGHWAY PROGRAM AND BUREAU OF ‘‘(A) in subparagraph (B), by striking ‘and’ at (2) by adding at the end the following: TRANSPORTATION STATISTICS. (a) AUTHORITY TO the end; ‘‘(b) LOCAL EXEMPTIONS FROM USER FEES BORROW.— ‘‘(B) in subparagraph (C), by striking the pe- DUE TO INSUFFICIENT APPROPRIATIONS.— (1) FROM UNOBLIGATED FUNDS AVAILABLE FOR riod at the end and inserting ‘; and’; and ‘‘(1) IN GENERAL.—Unless sufficient funds are DISCRETIONARY ALLOCATIONS.—If unobligated ‘‘(C) by adding at the end the following: appropriated for a fiscal year to provide full balances of funds deducted by the Secretary of ‘‘ ‘(D) the lesser of $1,500,000 or an amount payments under this chapter to each unit of Transportation (referred to in this section as the that the Secretary determines is necessary is general local government that lies in whole or in ‘‘Secretary’’) under section 104(a) of title 23, available to carry out section 5318 for the period part within the White Mountain National For- United States Code, for administrative and re- of October 1, 1997, through March 31, 1998.’; November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10715 ‘‘(7) in subsection (k), by striking ‘or (e)’ and State as defined in Article IX of the Treaty on Foreign Assistance Act of 1961 to be derived by inserting ‘(e), or (m)’; and the Non-Proliferation of Nuclear Weapons eligi- transfer from the Overseas Private Investment ‘‘(8) by adding at the end the following: ble to receive economic or military assistance Corporation noncredit account: Provided, That ‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OF OCTO- under this Act that has detonated a nuclear ex- such costs, including the cost of modifying such BER 1, 1997, THROUGH MARCH 31, 1998.—Not plosive after the date of enactment of this Act. loans, shall be as defined in section 502 of the more than the following amounts may be appro- SUBSIDY APPROPRIATION Congressional Budget Act of 1974: Provided fur- priated to the Secretary from the Fund (except For the cost of direct loans, loan guarantees, ther, That such sums shall be available for di- the Account) for the period of October 1, 1997, insurance, and tied-aid grants as authorized by rect loan obligations and loan guaranty commit- through March 31, 1998: section 10 of the Export-Import Bank Act of ments incurred or made during fiscal years 1998 ‘‘ ‘(1) $125,000 to carry out section 5316(a). 1945, as amended, $683,000,000 to remain avail- and 1999: Provided further, That such sums ‘‘ ‘(2) $1,500,000 to carry out section 5316(b). able until September 30, 2001: Provided, That shall remain available through fiscal year 2006 ‘‘ ‘(3) $500,000 to carry out section 5316(c). such costs, including the cost of modifying such for the disbursement of direct and guaranteed ‘‘ ‘(4) $500,000 to carry out section 5316(d). loans, shall be as defined in section 502 of the loans obligated in fiscal year 1998, and through ‘‘ ‘(5) $500,000 to carry out section 5316(e).’.’’. Congressional Budget Act of 1974: Provided fur- fiscal year 2007 for the disbursement of direct (b) BUDGET SCOREKEEPING.—For purposes of ther, That such sums shall remain available and guaranteed loans obligated in fiscal year the Congressional Budget Act of 1974, as amend- until 2013 for the disbursement of direct loans, 1999: Provided further, That in addition, such ed, the Balanced Budget and Emergency Deficit loan guarantees, insurance and tied-aid grants sums as may be necessary for administrative ex- Control Act, as amended, and the Budget En- obligated in fiscal years 1998 and 1999: Provided penses to carry out the credit program may be forcement Act of 1997, as amounts provided or further, That up to $50,000,000 of funds appro- derived from amounts available for administra- otherwise made available in this section shall be priated by this paragraph shall remain available tive expenses to carry out the credit and insur- treated as ‘‘direct spending’’ in an authoriza- until expended and may be used for tied-aid ance programs in the Overseas Private Invest- tion Act. grant purposes: Provided further, That none of ment Corporation Noncredit Account and TITLE VII—RESCISSIONS the funds appropriated by this Act or any prior merged with said account. DEPARTMENT OF JUSTICE Act appropriating funds for foreign operations, FUNDS APPROPRIATED TO THE PRESIDENT export financing, or related programs for tied- GENERAL ADMINISTRATION TRADE AND DEVELOPMENT AGENCY aid credits or grants may be used for any other WORKING CAPITAL FUND For necessary expenses to carry out the provi- purpose except through the regular notification sions of section 661 of the Foreign Assistance (RESCISSION) procedures of the Committees on Appropriations: Act of 1961, $41,500,000, to remain available until Of the unobligated balances available under Provided further, That funds appropriated by September 30, 1999: Provided, That the Trade this heading on September 30, 1997, $100,000,000 this paragraph are made available notwith- and Development Agency may receive reim- are rescinded. standing section 2(b)(2) of the Export-Import bursements from corporations and other entities TITLE VIII—EMERGENCY SUPPLEMENTAL Bank Act of 1945, in connection with the pur- for the costs of grants for feasibility studies and APPROPRIATIONS chase or lease of any product by any East Euro- other project planning services, to be deposited pean country, any Baltic State, or any agency NATIONAL OCEANIC AND ATMOSPHERIC as an offsetting collection to this account and to or national thereof. ADMINISTRATION be available for obligation until September 30, ADMINISTRATIVE EXPENSES 1999, for necessary expenses under this para- OPERATIONS, RESEARCH, AND FACILITIES For administrative expenses to carry out the graph: Provided further, That such reimburse- For an additional amount for ‘‘Operations, direct and guaranteed loan and insurance pro- ments shall not cover, or be allocated against, Research, and Facilities’’; for emergency ex- grams (to be computed on an accrual basis), in- direct or indirect administrative costs of the penses to provide disaster assistance pursuant to cluding hire of passenger motor vehicles and agency. section 312(a) of the Magnuson-Stevens Fishery services as authorized by 5 U.S.C. 3109, and not Conservation and Management Act for the Bris- TITLE II—BILATERAL ECONOMIC to exceed $20,000 for official reception and rep- ASSISTANCE tol Bay and Kuskokwim areas of Alaska, resentation expenses for members of the Board FUNDS APPROPRIATED TO THE PRESIDENT $7,000,000 to remain available until expended: of Directors, $48,614,000: Provided, That nec- Provided, That the entire amount is designated essary expenses (including special services per- For expenses necessary to enable the Presi- by Congress as an emergency requirement pur- formed on a contract or fee basis, but not in- dent to carry out the provisions of the Foreign suant to section 251(b)(2)(D)(i) of the Balanced cluding other personal services) in connection Assistance Act of 1961, and for other purposes, Budget and Emergency Deficit Control Act of with the collection of moneys owed the Export- to remain available until September 30, 1998, un- 1985, as amended: Provided further, That the Import Bank, repossession or sale of pledged col- less otherwise specified herein, as follows: entire amount shall be available only to the ex- lateral or other assets acquired by the Export- AGENCY FOR INTERNATIONAL DEVELOPMENT tent that the Secretary of Commerce transmits a Import Bank in satisfaction of moneys owed the CHILD SURVIVAL AND DISEASE PROGRAMS FUND determination that there is a commercial fishery Export-Import Bank, or the investigation or ap- For necessary expenses to carry out the provi- failure. praisal of any property, or the evaluation of the sions of chapters 1 and 10 of part I of the For- This division may be cited as the ‘‘Depart- legal or technical aspects of any transaction for eign Assistance Act of 1961, for child survival, ments of Commerce, Justice, and State, the Judi- which an application for a loan, guarantee or basic education, assistance to combat tropical ciary, and Related Agencies Appropriations Act, insurance commitment has been made, shall be and other diseases, and related activities, in ad- 1998’’. considered nonadministrative expenses for the dition to funds otherwise available for such pur- DIVISION C—FOREIGN OPERATIONS, EX- purposes of this heading: Provided further, poses, $650,000,000, to remain available until ex- PORT FINANCING, AND RELATED PRO- That, notwithstanding subsection (b) of section pended: Provided, That this amount shall be GRAMS APPROPRIATIONS ACT, 1998 117 of the Export Enhancement Act of 1992, sub- made available for such activities as: (1) immu- The following sums are appropriated, out of section (a) thereof shall remain in effect until nization programs; (2) oral rehydration pro- any money in the Treasury not otherwise appro- October 1, 1998. grams; (3) health and nutrition programs, and priated, for foreign operations, export financ- OVERSEAS PRIVATE INVESTMENT CORPORATION related education programs, which address the ing, and related programs for the fiscal year NONCREDIT ACCOUNT needs of mothers and children; (4) water and ending September 30, 1998, and for other pur- The Overseas Private Investment Corporation sanitation programs; (5) assistance for displaced poses, to be effective as if it had been enacted is authorized to make, without regard to fiscal and orphaned children; (6) programs for the into law as the regular appropriations Act, year limitations, as provided by 31 U.S.C. 9104, prevention, treatment, and control of, and re- namely: such expenditures and commitments within the search on, tuberculosis, HIV/AIDS, polio, ma- TITLE I—EXPORT AND INVESTMENT limits of funds available to it and in accordance laria and other diseases; (7) up to $98,000,000 for ASSISTANCE with law as may be necessary: Provided, That basic education programs for children; and (8) a contribution on a grant basis to the United Na- EXPORT-IMPORT BANK OF THE UNITED STATES the amount available for administrative ex- penses to carry out the credit and insurance tions Children’s Fund (UNICEF) pursuant to The Export-Import Bank of the United States section 301 of the Foreign Assistance Act of 1961. is authorized to make such expenditures within programs (including an amount for official re- AGENCY FOR INTERNATIONAL DEVELOPMENT the limits of funds and borrowing authority ception and representation expenses which shall available to such corporation, and in accord- not exceed $35,000) shall not exceed $32,000,000: DEVELOPMENT ASSISTANCE ance with law, and to make such contracts and Provided further, That project-specific trans- (INCLUDING TRANSFER OF FUNDS) commitments without regard to fiscal year limi- action costs, including direct and indirect costs For necessary expenses to carry out the provi- tations, as provided by section 104 of the Gov- incurred in claims settlements, and other direct sions of sections 103 through 106 and chapter 10 ernment Corporation Control Act, as may be costs associated with services provided to spe- of part I of the Foreign Assistance Act of 1961, necessary in carrying out the program for the cific investors or potential investors pursuant to title V of the International Security and Devel- current fiscal year for such corporation: Pro- section 234 of the Foreign Assistance Act of 1961, opment Cooperation Act of 1980 (Public Law 96– vided, That none of the funds available during shall not be considered administrative expenses 533) and the provisions of section 401 of the For- the current fiscal year may be used to make ex- for the purposes of this heading. eign Assistance Act of 1969, $1,210,000,000, to re- penditures, contracts, or commitments for the PROGRAM ACCOUNT main available until September 30, 1999: Pro- export of nuclear equipment, fuel, or technology For the cost of direct and guaranteed loans, vided, That of the amount appropriated under to any country other than a nuclear-weapon $60,000,000, as authorized by section 234 of the this heading, up to $22,000,000 may be made H10716 CONGRESSIONAL RECORD — HOUSE November 12, 1997 available for the Inter-American Foundation Funds appropriated or otherwise made avail- available until expended: Provided, That not to and shall be apportioned directly to that Agen- able under title II of this Act should be made exceed $1,500,000 of such funds may be used for cy: Provided further, That of the amount appro- available to private and voluntary organiza- implementation of improvements in the foreign priated under this heading, up to $14,000,000 tions at a level which is at least equivalent to credit reporting system of the United States gov- may be made available for the African Develop- the level provided in fiscal year 1995. Such pri- ernment. ment Foundation and shall be apportioned di- vate and voluntary organizations shall include MICRO AND SMALL ENTERPRISE DEVELOPMENT rectly to that agency: Provided further, That those which operate on a not-for-profit basis, PROGRAM ACCOUNT none of the funds made available in this Act nor receive contributions from private sources, re- For the cost of direct loans and loan guaran- any unobligated balances from prior appropria- ceive voluntary support from the public and are tees, $1,500,000, as authorized by section 108 of tions may be made available to any organization deemed to be among the most cost-effective and the Foreign Assistance Act of 1961, as amended: or program which, as determined by the Presi- successful providers of development assistance. Provided, That such costs shall be as defined in dent of the United States, supports or partici- CYPRUS section 502 of the Congressional Budget Act of pates in the management of a program of coer- Of the funds appropriated under the headings 1974: Provided further, That guarantees of loans cive abortion or involuntary sterilization: Pro- ‘‘Development Assistance’’ and ‘‘Economic Sup- made under this heading in support of micro- vided further, That none of the funds made port Fund’’, not less than $15,000,000 shall be enterprise activities may guarantee up to 70 per- available under this heading may be used to pay made available for Cyprus to be used only for cent of the principal amount of any such loans for the performance of abortion as a method of scholarships, administrative support of the notwithstanding section 108 of the Foreign As- family planning or to motivate or coerce any scholarship program, bicommunal projects, and sistance Act of 1961. In addition, for administra- person to practice abortions; and that in order measures aimed at reunification of the island tive expenses to carry out programs under this to reduce reliance on abortion in developing na- and designed to reduce tensions and promote heading, $500,000, all of which may be trans- tions, funds shall be available only to voluntary peace and cooperation between the two commu- ferred to and merged with the appropriation for family planning projects which offer, either di- nities on Cyprus. Operating Expenses of the Agency for Inter- rectly or through referral to, or information national Development: Provided further, That about access to, a broad range of family plan- BURMA funds made available under this heading shall ning methods and services: Provided further, Of the funds appropriated under the headings remain available until September 30, 1999. That in awarding grants for natural family ‘‘Development Assistance’’ and ‘‘Economic Sup- planning under section 104 of the Foreign As- port Fund’’, not less than $5,000,000 shall be URBAN AND ENVIRONMENTAL CREDIT PROGRAM sistance Act of 1961 no applicant shall be dis- made available to support activities in Burma, ACCOUNT criminated against because of such applicant’s along the Burma-Thailand border, and for ac- For the cost, as defined in section 502 of the religious or conscientious commitment to offer tivities of Burmese student groups and other or- Congressional Budget Act of 1974, of guaranteed only natural family planning; and, addition- ganizations located outside Burma: Provided, loans authorized by sections 221 and 222 of the ally, all such applicants shall comply with the That funds made available for Burma related Foreign Assistance Act of 1961, including the requirements of the previous proviso: Provided activities under this heading may be made avail- cost of guaranteed loans designed to promote further, That for purposes of this or any other able notwithstanding any other provision of the urban and environmental policies and objec- Act authorizing or appropriating funds for for- law: Provided further, That provision of such tives of part I of such Act, $3,000,000, to remain eign operations, export financing, and related funds shall be made available subject to the reg- available until September 30, 1999: Provided, programs, the term ‘‘motivate’’, as it relates to ular notification procedures of the Committees That these funds are available to subsidize loan family planning assistance, shall not be con- on Appropriations. principal, 100 percent of which shall be guaran- strued to prohibit the provision, consistent with CAMBODIA teed, pursuant to the authority of such sections. In addition, for administrative expenses to carry local law, of information or counseling about all None of the funds appropriated in this Act out guaranteed loan programs, $6,000,000, all of pregnancy options: Provided further, That may be made available for the Government of which may be transferred to and merged with nothing in this paragraph shall be construed to Cambodia: Provided, That the restrictions under the appropriation for Operating Expenses of the alter any existing statutory prohibitions against this heading shall not apply to humanitarian, Agency for International Development: Provided abortion under section 104 of the Foreign Assist- demining or election-related programs or activi- further, That commitments to guarantee loans ance Act of 1961: Provided further, That not- ties: Provided further, That such funds shall be under this heading may be entered into notwith- withstanding section 109 of the Foreign Assist- subject to the regular notification procedures of standing the second and third sentences of sec- ance Act of 1961, of the funds appropriated the Committees on Appropriations: Provided tion 222(a) and, with regard to programs for under this heading in this Act, and of the unob- further, That 30 days after enactment of this Central and Eastern Europe and programs for ligated balances of funds previously appro- Act, the President shall report to the Committees the benefit of South Africans disadvantaged by priated under this heading, not to exceed on Appropriations on the results of the FBI in- apartheid, section 223(j) of the Foreign Assist- $2,500,000 shall be transferred to ‘‘International vestigation into the bombing attack in Phnom ance Act of 1961. Organizations and Programs’’ for a contribution Penh on March 30, 1997. to the International Fund for Agricultural De- PAYMENT TO THE FOREIGN SERVICE RETIREMENT INTERNATIONAL DISASTER ASSISTANCE velopment (IFAD), and that any such transfer AND DISABILITY FUND For necessary expenses for international dis- of funds shall be subject to the regular notifica- For payment to the ‘‘Foreign Service Retire- aster relief, rehabilitation, and reconstruction tion procedures of the Committees on Appropria- ment and Disability Fund’’, as authorized by assistance pursuant to section 491 of the Foreign tions: Provided further, That of the funds ap- the Foreign Service Act of 1980, $44,208,000. propriated under this heading that are made Assistance Act of 1961, as amended, $190,000,000, to remain available until expended. OPERATING EXPENSES OF THE AGENCY FOR available for assistance programs for displaced INTERNATIONAL DEVELOPMENT and orphaned children and victims of war, not DEBT RESTRUCTURING For necessary expenses to carry out the provi- to exceed $25,000, in addition to funds otherwise For the cost, as defined in section 502 of the sions of section 667, $473,000,000: Provided, That available for such purposes, may be used to Congressional Budget Act of 1974, of modifying none of the funds appropriated by this Act for monitor and provide oversight of such programs: direct loans and loan guarantees, as the Presi- programs administered by the Agency for Inter- Provided further, That none of the funds made dent may determine, for which funds have been national Development may be used to finance available under this heading may be used for appropriated or otherwise made available for printing costs of any report or study (except fea- any activity which is in contravention to the programs within the International Affairs sibility, design, or evaluation reports or studies) Convention on International Trade in Endan- Budget Function 150, including the cost of sell- in excess of $25,000 without the approval of the gered Species of Flora and Fauna (CITES). ing, reducing, or canceling amounts, through Administrator of the Agency or the Administra- PRIVATE AND VOLUNTARY ORGANIZATIONS debt buybacks and swaps, owed to the United tor’s designee. None of the funds appropriated or otherwise States as a result of concessional loans made to OPERATING EXPENSES OF THE AGENCY FOR INTER- made available by this Act for development as- eligible Latin American and Caribbean coun- NATIONAL DEVELOPMENT OFFICE OF INSPECTOR sistance may be made available to any United tries, pursuant to part IV of the Foreign Assist- GENERAL States private and voluntary organization, ex- ance Act of 1961; of modifying concessional For necessary expenses to carry out the provi- cept any cooperative development organization, loans extended to least developed countries, as sions of section 667, $29,047,000, to remain avail- which obtains less than 20 per centum of its authorized under section 411 of the Agricultural able until September 30, 1999, which sum shall total annual funding for international activities Trade Development and Assistance Act of 1954, be available for the Office of the Inspector Gen- from sources other than the United States Gov- as amended; and of modifying any obligation, or eral of the Agency for International Develop- ernment: Provided, That the requirements of the portion of such obligation for Latin American ment. provisions of section 123(g) of the Foreign As- countries to pay for purchases of United States sistance Act of 1961 and the provisions on pri- agricultural commodities guaranteed by the OTHER BILATERAL ECONOMIC ASSISTANCE vate and voluntary organizations in title II of Commodity Credit Corporation under export ECONOMIC SUPPORT FUND the ‘‘Foreign Assistance and Related Programs credit guarantee programs authorized pursuant For necessary expenses to carry out the provi- Appropriations Act, 1985’’ (as enacted in Public to section 5(f) of the Commodity Credit Corpora- sions of chapter 4 of part II, $2,400,000,000, to re- Law 98–473) shall be superseded by the provi- tion Charter Act of June 29, 1948, as amended, main available until September 30, 1999: Pro- sions of this section, except that the authority section 4(b) of the Food for Peace Act of 1966, as vided, That of the funds appropriated under contained in the last sentence of section 123(g) amended (Public Law 89–808), or section 202 of this heading, not less than $1,200,000,000 shall may be exercised by the Administrator with re- the Agricultural Trade Act of 1978, as amended be available only for Israel, which sum shall be gard to the requirements of this paragraph. (Public Law 95–501); $27,000,000, to remain available on a grant basis as a cash transfer November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10717 and shall be disbursed within thirty days of en- ASSISTANCE FOR EASTERN EUROPE AND THE September 30, 1999: Provided, That the provi- actment of this Act or by October 31, 1997, BALTIC STATES sions of such chapter shall apply to funds ap- whichever is later: Provided further, That not (a) For necessary expenses to carry out the propriated by this paragraph. less than $815,000,000 shall be available only for provisions of the Foreign Assistance Act of 1961 (b) None of the funds appropriated under this Egypt, which sum shall be provided on a grant and the Support for East European Democracy heading shall be made available to the Govern- basis, and of which sum cash transfer assistance (SEED) Act of 1989, $485,000,000, to remain ment of Russia— may be provided, with the understanding that available until September 30, 1999, which shall (1) unless that Government is making progress Egypt will undertake significant economic re- be available, notwithstanding any other provi- in implementing comprehensive economic re- forms based on market principles, private own- forms which are additional to those which were sion of law, for economic assistance and for re- ership, negotiating repayment of commercial undertaken in previous fiscal years: Provided lated programs for Eastern Europe and the Bal- debt, respect for commercial contracts, and equi- further, That in exercising the authority to pro- tic States. (b) Funds appropriated under this heading or table treatment of foreign private investment; vide cash transfer assistance for Israel, the (2) if that Government applies or transfers in prior appropriations Acts that are or have President shall ensure that the level of such as- United States assistance to any entity for the been made available for an Enterprise Fund sistance does not cause an adverse impact on purpose of expropriating or seizing ownership or may be deposited by such Fund in interest-bear- the total level of nonmilitary exports from the control of assets, investments, or ventures; and United States to such country: Provided further, ing accounts prior to the Fund’s disbursement of (3) funds may be furnished without regard to That of the funds appropriated under this head- such funds for program purposes. The Fund this subsection if the President determines that ing, not less than $150,000,000 shall be made may retain for such program purposes any in- to do so is in the national interest. available for Jordan: Provided further, That of terest earned on such deposits without returning (c) None of the funds appropriated under this the funds made available under this heading in such interest to the Treasury of the United heading shall be made available to any govern- previous Acts making appropriations for foreign States and without further appropriation by the ment of the new independent states of the operations, export financing, and related pro- Congress. Funds made available for Enterprise former Soviet Union if that government directs grams, notwithstanding any provision in any Funds shall be expended at the minimum rate any action in violation of the territorial integ- such heading in such previous Acts, up to necessary to make timely payment for projects rity or national sovereignty of any other new $116,000,000 may be allocated or made available and activities. independent state, such as those violations in- for programs and activities under this heading (c) Funds appropriated under this heading cluded in the Helsinki Final Act: Provided, That including the Middle East Peace and Stability shall be considered to be economic assistance such funds may be made available without re- Fund: Provided further, That in carrying out under the Foreign Assistance Act of 1961 for gard to the restriction in this subsection if the the previous proviso, the President should seek purposes of making available the administrative President determines that to do so is in the na- authorities contained in that Act for the use of to ensure to the extent feasible that not more tional security interest of the United States: economic assistance. than 1 percent of the amount specified in sec- Provided further, That the restriction of this (d) None of the funds appropriated under this tion 586 of this Act should be derived from funds subsection shall not apply to the use of such heading may be made available for new housing that would otherwise be made available for any funds for the provision of assistance for pur- construction or repair or reconstruction of exist- poses of humanitarian and refugee relief. single country: Provided further, That funds ing housing in Bosnia and Herzegovina unless (d) None of the funds appropriated under this provided for the Middle East Peace and Stabil- directly related to the efforts of United States heading for the new independent states of the ity Fund by a country in the region under the troops to promote peace in said country. former Soviet Union shall be made available for authority of section 635(d) of the Foreign Assist- (e) With regard to funds appropriated or oth- any state to enhance its military capability: ance Act of 1961, and funds made available for erwise made available under this heading for Provided, That this restriction does not apply to Jordan following the date of enactment of this the economic revitalization program in Bosnia demilitarization, demining, or nonproliferation Act from previous Acts making appropriations and Herzegovina, and local currencies gen- programs. for foreign operations, export financing, and re- erated by such funds (including the conversion (e) Funds appropriated under this heading lated programs, shall count toward meeting the of funds appropriated under this heading into shall be subject to the regular notification pro- earmark contained in the fourth proviso under currency used by Bosnia and Herzegovina as cedures of the Committees on Appropriations. this heading: Provided further, That up to local currency and local currency returned or (f) Funds made available in this Act for assist- $10,000,000 of funds under this heading in pre- repaid under such program)— ance to the new independent states of the vious foreign operations, export financing, and (1) the Administrator of the Agency for Inter- former Soviet Union shall be subject to the pro- related programs appropriations Acts that were national Development shall provide written ap- visions of section 117 (relating to environment reprogrammed for Jordan during fiscal year 1997 proval for grants and loans prior to the obliga- and natural resources) of the Foreign Assistance shall also count toward such earmark: Provided tion and expenditure of funds for such pur- Act of 1961. (g) Funds appropriated under title II of this further, That, in order to facilitate the imple- poses, and prior to the use of funds that have Act, including funds appropriated under this mentation of the fourth proviso under this head- been returned or repaid to any lending facility heading, may be made available for assistance ing, the requirement of section 515 of this Act or or grantee; and for Mongolia: Provided, That funds made avail- any similar provision of law shall not apply to (2) the provisions of section 532 of this Act able for assistance for Mongolia may be made the making available of funds appropriated for shall apply. available in accordance with the purposes and a fiscal year for programs, projects, or activities (f) The President is authorized to withhold utilizing the authorities provided in chapter 11 that were justified for another fiscal year: Pro- funds appropriated under this heading made of part I of the Foreign Assistance Act of 1961. vided further, That for fiscal year 1998 such available for economic revitalization programs portions of the notification required under sec- (h) In issuing new task orders, entering into in Bosnia and Herzegovina, if he determines contracts, or making grants, with funds appro- tion 653 of the Foreign Assistance Act of 1961 and certifies to the Committees on Appropria- priated under this heading or in prior appro- that relate to the Middle East may be submitted tions that the Federation of Bosnia and priations Acts, for projects or activities that to the Congress as soon as practicable, but no Herzegovina has not complied with article III of have as one of their primary purposes the foster- later than March 1, 1998: Provided further, That annex 1–A of the General Framework Agreement ing of private sector development, the Coordina- during fiscal year 1998, of the local currencies for Peace in Bosnia and Herzegovina concern- tor for United States Assistance to the New generated from funds made available under this ing the withdrawal of foreign forces, and that Independent States and the implementing agen- heading for Guatemala by this Act and prior intelligence cooperation on training, investiga- cy shall encourage the participation of and give Appropriations Acts, the United States and tions, and related activities between Iranian of- significant weight to contractors and grantees Guatemala may jointly program the Guatemala ficials and Bosnian officials has not been termi- who propose investing a significant amount of quetzales equivalent of a total of up to nated. their own resources (including volunteer serv- (g) Not to exceed $200,000,000 of the funds ap- $10,000,000 for the purpose of retiring the debt ices and in-kind contributions) in such projects propriated under this heading may be made owed by universities in Guatemala to the Inter- and activities. American Development Bank. available for Bosnia and Herzegovina exclusive (i) Funds appropriated under this heading or of assistance for police training. INTERNATIONAL FUND FOR IRELAND in prior appropriations Acts that are or have (h) Not to exceed $7,000,000 of the funds made been made available for an Enterprise Fund For necessary expenses to carry out the provi- available for Bosnia and Herzegovina may be may be deposited by such Fund in interest-bear- sions of chapter 4 of part II of the Foreign As- made available for the cost, as defined in section ing accounts prior to the disbursement of such sistance Act of 1961, $19,600,000, which shall be 502 of the Congressional Budget Act of 1974, of funds by the Fund for program purposes. The available for the United States contribution to modifying direct loans and loan guarantees for Fund may retain for such program proposes any the International Fund for Ireland and shall be said country. interest earned on such deposits without return- made available in accordance with the provi- ASSISTANCE FOR THE NEW INDEPENDENT STATES ing such interest to the Treasury of the United sions of the Anglo-Irish Agreement Support Act OF THE FORMER SOVIET UNION States and without further appropriation by the of 1986 (Public Law 99–415): Provided, That (a) For necessary expenses to carry out the Congress. Funds made available for Enterprise such amount shall be expended at the minimum provisions of chapter 11 of part I of the Foreign Funds shall be expended at the minimum rate rate necessary to make timely payment for Assistance Act of 1961 and the FREEDOM Sup- necessary to make timely payment for projects projects and activities: Provided further, That port Act, for assistance for the new independent and activities. funds made available under this heading shall states of the former Soviet Union and for related (j)(1) Of the funds appropriated under this remain available until September 30, 1999. programs, $770,000,000, to remain available until heading that are allocated for assistance for the H10718 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Government of Russia, 50 percent shall be with- (1) activities to support democracy or assist- Refugees, and other activities to meet refugee held from obligation until the President deter- ance under title V of the FREEDOM Support and migration needs; salaries and expenses of mines and certifies in writing to the Committees Act and section 1424 of Public Law 104–201; personnel and dependents as authorized by the on Appropriations that the Government of Rus- (2) any assistance provided by the Trade and Foreign Service Act of 1980; allowances as au- sia has terminated implementation of arrange- Development Agency under section 661 of the thorized by sections 5921 through 5925 of title 5, ments to provide Iran with technical expertise, Foreign Assistance Act of 1961 (22 U.S.C. 2421); United States Code; purchase and hire of pas- training, technology, or equipment necessary to and senger motor vehicles; and services as author- develop a nuclear reactor, related nuclear re- (3) any activity carried out by a member of the ized by section 3109 of title 5, United States search facilities or programs, or ballistic missile United States and Foreign Commercial Service Code, $650,000,000: Provided, That not more capability. while acting within his or her official capacity. than $12,000,000 shall be available for adminis- (2) Notwithstanding paragraph (1) assistance (o) None of the funds appropriated under this trative expenses: Provided further, That not less may be provided for the Government of Russia if heading or in prior appropriations legislation than $80,000,000 shall be made available for ref- the President determines and certifies to the may be made available to establish a joint pub- ugees from the former Soviet Union and Eastern Committees on Appropriations that making such lic-private entity or organization engaged in the Europe and other refugees resettling in Israel. funds available (A) is vital to the national secu- management of activities or projects supported REFUGEE RESETTLEMENT ASSISTANCE rity interest of the United States, and (B) that by the Defense Enterprise Fund. For necessary expenses for the targeted assist- the Government of Russia is taking meaningful INDEPENDENT AGENCY ance program authorized by title IV of the Im- steps to limit major supply contracts and to cur- PEACE CORPS migration and Nationality Act and section 501 tail the transfer of technology and technological of the Refugee Education Assistance Act of 1980 expertise related to activities referred to in para- For expenses necessary to carry out the provi- sions of the Peace Corps Act (75 Stat. 612), and administered by the Office of Refugee Re- graph (1). settlement of the Department of Health and (k) Of the funds appropriated under this $222,000,000, including the purchase of not to ex- Human Services, in addition to amounts other- heading, not less than $225,000,000 shall be made ceed five passenger motor vehicles for adminis- wise available for such purposes, $5,000,000. available for Ukraine, which sum shall be pro- trative purposes for use outside of the United vided with the understanding that Ukraine will States: Provided, That none of the funds appro- UNITED STATES EMERGENCY REFUGEE AND undertake significant economic reforms which priated under this heading shall be used to pay MIGRATION ASSISTANCE FUND are additional to those which were undertaken for abortions: Provided further, That funds ap- For necessary expenses to carry out the provi- in the previous fiscal year: Provided, That 50 propriated under this heading shall remain sions of section 2(c) of the Migration and Refu- percent of the amount made available in this available until September 30, 1999. gee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain available subsection, exclusive of funds made available for DEPARTMENT OF STATE until expended: Provided, That the funds made election related initiatives and nuclear reactor INTERNATIONAL NARCOTICS CONTROL safety activities, shall be withheld from obliga- available under this heading are appropriated For necessary expenses to carry out section notwithstanding the provisions contained in tion and expenditure until the Secretary of 481 of the Foreign Assistance Act of 1961, State determines and certifies no later than section 2(c)(2) of the Migration and Refugee As- $215,000,000: Provided, That during fiscal year sistance Act of 1962 which would limit the April 30, 1998, that the Government of Ukraine 1998, the Department of State may also use the has made significant progress toward resolving amount of funds which could be appropriated authority of section 608 of the Act, without re- for this purpose. complaints made by United States investors to gard to its restrictions, to receive non-lethal ex- the United States embassy prior to April 30, NONPROLIFERATION, ANTI-TERRORISM, DEMINING cess property from an agency of the United AND RELATED PROGRAMS 1997: Provided further, That funds made avail- States Government for the purpose of providing able under this subsection, and funds appro- For necessary expenses for nonproliferation, it to a foreign country under chapter 8 of part anti-terrorism and related programs and activi- priated for Ukraine in the Foreign Operations, I of that Act subject to the regular notification Export Financing, and Related Programs Ap- ties, $133,000,000, to carry out the provisions of procedures of the Committees on Appropriations: chapter 8 of part II of the Foreign Assistance propriations Act, 1997 as contained in Public Provided further, That not later than sixty days Law 104–208 shall be made available to complete Act of 1961 for anti-terrorism assistance, section after the date of enactment of this Act, the Sec- 504 of the FREEDOM Support Act for the Non- the preparation of safety analysis reports at retary of State in consultation with the Director each nuclear reactor in Ukraine over the next proliferation and Disarmament Fund, section 23 of the Office of National Drug Control Policy of the Arms Export Control Act or the Foreign three years. shall submit a report to the Committees on Ap- (l) Of the funds appropriated under this head- Assistance Act of 1961 for demining, the clear- propriations containing: (1) a list of all coun- ing, not less than $250,000,000 shall be made ance of unexploded ordnance, and related ac- tries in which the United States carries out available for assistance for the Southern tivities, notwithstanding any other provision of international counter-narcotics activities; (2) Caucasus region: Provided, That of the funds law, including activities implemented through the number, mission and agency affiliation of provided under this subsection 37 percent shall nongovernmental and international organiza- United States personnel assigned to each such be made available for Georgia and 35 percent tions, section 301 of the Foreign Assistance Act country; and (3) all costs and expenses obligated shall be made available for Armenia: Provided of 1961 for a voluntary contribution to the Inter- for each program, project or activity by each further, That of the funds made available for national Atomic Energy Agency (IAEA) and a United States agency in each country: Provided the Southern Caucasus region, 28 percent voluntary contribution to the Korean Peninsula further, That of the amount made available should be used for reconstruction and remedial Energy Development Organization (KEDO): under this heading not to exceed $5,000,000 shall activities relating to the consequences of con- Provided, That of this amount not to exceed be allocated to operate the Western Hemisphere flicts within the region, especially those in the $15,000,000, to remain available until expended, International Law Enforcement Academy: Pro- vicinity of Abkhazia and Nagorno-Karabakh: may be made available for the Nonproliferation vided further, That 10 percent of the funds ap- Provided further, That if the Secretary of State and Disarmament Fund, notwithstanding any propriated under this heading shall not be after May 30, 1998, determines and reports to the other provision of law, to promote bilateral and available for obligation until the Secretary of relevant Committees of Congress that the full multilateral activities relating to nonprolifera- State submits a report to the Committees on Ap- amount of reconstruction and remedial funds tion and disarmament: Provided further, That propriations providing a financial plan for the that may be made available under the previous such funds may also be used for such countries funds appropriated under this heading and proviso cannot be effectively utilized, up to 62.5 other than the new independent states of the under the heading ‘‘Narcotics Interdiction’’. percent of the amount provided under the pre- former Soviet Union and international organiza- vious proviso for reconstruction and remediation NARCOTICS INTERDICTION tions when it is in the national security interest may be used for other purposes under this head- For necessary expenses to carry out the provi- of the United States to do so: Provided further, ing. sions of section 481 of the Foreign Assistance That such funds shall be subject to the regular (m) Funds provided under the previous sub- Act of 1961, $15,000,000, to remain available until notification procedures of the Committees on section shall be made available for humani- expended, in addition to amounts otherwise Appropriations: Provided further, That funds tarian assistance for refugees, displaced per- available for such purposes, which shall be appropriated under this heading may be made sons, and needy civilians affected by the con- available for assistance, including procurement, available for the International Atomic Energy flicts in the Southern Caucasus region, includ- for support of air drug interdiction and eradi- Agency only if the Secretary of State determines ing those in the vicinity of Abkhazia and cation and other related purposes: Provided, (and so reports to the Congress) that Israel is Nagorno-Karabakh, notwithstanding any other That funds appropriated under this heading not being denied its right to participate in the provision of this or any other Act. shall be made available subject to the regular activities of that Agency: Provided further, That (n) Funds made available under this Act or notification procedures of the Committees on not to exceed $30,000,000 may be made available any other Act may not be provided for assist- Appropriations. to the Korean Peninsula Energy Development ance to the Government of Azerbaijan until the MIGRATION AND REFUGEE ASSISTANCE Organization (KEDO) only for the administra- President determines, and so reports to the Con- For expenses, not otherwise provided for, nec- tive expenses and heavy fuel oil costs associated gress, that the Government of Azerbaijan is tak- essary to enable the Secretary of State to pro- with the Agreed Framework: Provided further, ing demonstrable steps to cease all blockades vide, as authorized by law, a contribution to the That such funds may be obligated to KEDO against Armenia and Nagorno-Karabakh: Pro- International Committee of the Red Cross, as- only if, thirty days prior to such obligation of vided, That the restriction of this subsection sistance to refugees, including contributions to funds, the President certifies and so reports to and section 907 of the FREEDOM Support Act the International Organization for Migration Congress that: (1)(A) the parties to the Agreed shall not apply to— and the United Nations High Commissioner for Framework are taking steps to assure that November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10719 progress is made on the implementation of the Secretary of State, in consultation with the Sec- Turkey only on a loan basis, and the principal January 1, 1992, Joint Declaration on the retary of Defense, has developed and issued spe- amount of direct loans for each country shall Denuclearization of the Korean Peninsula and cific guidelines governing the selection and not exceed the following: $105,000,000 only for the implementation of the North-South dialogue, screening of candidates for instruction at the Greece and $150,000,000 only for Turkey. and (B) North Korea is complying with the School of the Americas; and (3) the Secretary of None of the funds made available under this other provisions of the Agreed Framework be- Defense submits to the Committees on Appro- heading shall be available to finance the pro- tween North Korea and the United States and priations a report detailing the training activi- curement of defense articles, defense services, or with the Confidential Minute; (2) North Korea ties of the School of the Americas and a general design and construction services that are not is cooperating fully in the canning and safe assessment regarding the performance of its sold by the United States Government under the storage of all spent fuel from its graphite-mod- graduates during 1996. Arms Export Control Act unless the foreign erated nuclear reactors and that such canning FOREIGN MILITARY FINANCING PROGRAM country proposing to make such procurements has first signed an agreement with the United and safe storage is scheduled to be completed by For expenses necessary for grants to enable States Government specifying the conditions April 1, 1998; and (3) North Korea has not sig- the President to carry out the provisions of sec- under which such procurements may be fi- nificantly diverted assistance provided by the tion 23 of the Arms Export Control Act, nanced with such funds: Provided, That all United States for purposes for which it was not $3,296,550,000: Provided, That of the funds ap- country and funding level increases in alloca- intended: Provided further, That the President propriated under this heading, not less than may waive the certification requirements of the tions shall be submitted through the regular no- $1,800,000,000 shall be available for grants only preceding proviso if the President determines tification procedures of section 515 of this Act: for Israel, and not less than $1,300,000,000 shall that it is vital to the national security interests Provided further, That none of the funds appro- be made available for grants only for Egypt: of the United States: Provided further, That no priated under this heading shall be available for Provided further, That the funds appropriated funds may be obligated for KEDO until thirty Sudan and Liberia: Provided further, That by this paragraph for Israel shall be disbursed calendar days after submission to Congress of funds made available under this heading may be within thirty days of enactment of this Act or the waiver permitted under the preceding pro- used, notwithstanding any other provision of by October 31, 1997, whichever is later: Provided viso: Provided further, That the obligation of law, for demining, the clearance of unexploded further, That to the extent that the Government any funds for KEDO shall be subject to the reg- ordnance, and related activities and may in- of Israel requests that funds be used for such ular notification procedures of the Committees clude activities implemented through non- purposes, grants made available for Israel by on Appropriations: Provided further, That the governmental and international organizations: this paragraph shall, as agreed by Israel and Secretary of State shall submit to the appro- Provided further, That only those countries for the United States, be available for advanced priate congressional committees an annual re- which assistance was justified for the ‘‘Foreign weapons systems, of which not less than port (to be submitted with the annual presen- Military Sales Financing Program’’ in the fiscal $475,000,000 shall be available for the procure- tation for appropriations) providing a full and year 1989 congressional presentation for security ment in Israel of defense articles and defense detailed accounting of the fiscal year request for assistance programs may utilize funds made services, including research and development: the United States contribution to KEDO, the ex- available under this heading for procurement of Provided further, That of the funds appro- pected operating budget of the Korean Penin- defense articles, defense services or design and priated by this paragraph, not less than sula Energy Development Organization, to in- construction services that are not sold by the $75,000,000 shall be available for assistance for clude unpaid debt, proposed annual costs asso- United States Government under the Arms Ex- Jordan: Provided further, That during fiscal ciated with heavy fuel oil purchases, and the port Control Act: Provided further, That, sub- year 1998 the President is authorized to, and amount of funds pledged by other donor nations ject to the regular notification procedures of the shall, direct drawdowns of defense articles from and organizations to support KEDO activities Committees on Appropriations, funds made the stocks of the Department of Defense, defense on a per country basis, and other related activi- available under this heading for the cost of di- services of the Department of Defense, and mili- ties: Provided further, That of the funds made rect loans may also be used to supplement the tary education and training of an aggregate available under this heading, up to $10,000,000 funds available under this heading for grants, value of not less than $25,000,000 under the au- may be made available to the Korean Peninsula and funds made available under this heading thority of this proviso for Jordan for the pur- Energy Development Organization (KEDO), in for grants may also be used to supplement the poses of part II of the Foreign Assistance Act of addition to funds otherwise made available funds available under this heading for the cost 1961, and any amount so directed shall count to- under this heading for KEDO, if the Secretary of direct loans: Provided further, That funds ward meeting the earmark in the previous pro- of State certifies and reports to the Committees appropriated under this heading shall be ex- viso: Provided further, That section 506(c) of the on Appropriations that, except for the funds pended at the minimum rate necessary to make Foreign Assistance Act of 1961 shall apply, and made available under this proviso, funds suffi- timely payment for defense articles and services: section 632(d) of the Foreign Assistance Act of cient to cover all outstanding debts owed by Provided further, That not more than 1961 shall not apply, to any such drawdown: KEDO for heavy fuel oil have been provided to $23,250,000 of the funds appropriated under this Provided further, That of the funds appro- KEDO by donors other than the United States. heading may be obligated for necessary ex- priated by this paragraph, a total of $18,300,000 TITLE III—MILITARY ASSISTANCE penses, including the purchase of passenger should be available for assistance for Estonia, motor vehicles for replacement only for use out- FUNDS APPROPRIATED TO THE PRESIDENT Latvia, and Lithuania: Provided further, That side of the United States, for the general costs of INTERNATIONAL MILITARY EDUCATION AND none of the funds made available under this administering military assistance and sales: Pro- TRAINING heading shall be available for any non-NATO vided further, That none of the funds under this For necessary expenses to carry out the provi- country participating in the Partnership for heading shall be available for Guatemala: Pro- sions of section 541 of the Foreign Assistance Peace Program except through the regular noti- vided further, That not more than $350,000,000 Act of 1961, $50,000,000: Provided, That the civil- fication procedures of the Committees on Appro- of funds realized pursuant to section 21(e)(1)(A) ian personnel for whom military education and priations: Provided further, That funds appro- of the Arms Export Control Act may be obligated training may be provided under this heading priated by this paragraph shall be nonrepayable for expenses incurred by the Department of De- may include civilians who are not members of a notwithstanding any requirement in section 23 fense during fiscal year 1998 pursuant to section government whose participation would contrib- of the Arms Export Control Act: Provided fur- 43(b) of the Arms Export Control Act, except ute to improved civil-military relations, civilian ther, That funds made available under this that this limitation may be exceeded only control of the military, or respect for human paragraph shall be obligated upon apportion- through the regular notification procedures of rights: Provided further, That funds appro- ment in accordance with paragraph (5)(C) of the Committees on Appropriations. priated under this heading for grant financed title 31, United States Code, section 1501(a): Pro- PEACEKEEPING OPERATIONS military education and training for Indonesia vided further, That $50,000,000 of the funds ap- For necessary expenses to carry out the provi- and Guatemala may only be available for ex- propriated or otherwise made available under sions of section 551 of the Foreign Assistance panded international military education and this heading should be made available for the Act of 1961, $77,500,000: Provided, That none of training and funds made available for Guate- purpose of facilitating the integration of Po- the funds appropriated under this heading shall mala may only be provided through the regular land, Hungary, and the Czech Republic into the be obligated or expended except as provided notification procedures of the Committees on North Atlantic Treaty Organization. through the regular notification procedures of Appropriations: Provided further, That none of For the cost, as defined in section 502 of the the Committees on Appropriations. the funds appropriated under this heading may Congressional Budget Act of 1974, of direct TITLE IV—MULTILATERAL ECONOMIC be made available to support grant financed loans authorized by section 23 of the Arms Ex- ASSISTANCE military education and training at the School of port Control Act as follows: cost of direct loans, the Americas unless: (1) the Secretary of De- $60,000,000: Provided, That these funds are FUNDS APPROPRIATED TO THE PRESIDENT fense certifies that the instruction and training available to subsidize gross obligations for the INTERNATIONAL FINANCIAL INSTITUTIONS provided by the School of the Americas is fully principal amount of direct loans of not to exceed CONTRIBUTION TO THE INTERNATIONAL BANK FOR consistent with training and doctrine, particu- $657,000,000: Provided further, That the rate of RECONSTRUCTION AND DEVELOPMENT larly with respect to the observance of human interest charged on such loans shall be not less For payment to the International Bank for rights, provided by the Department of Defense than the current average market yield on out- Reconstruction and Development by the Sec- to United States military students at Depart- standing marketable obligations of the United retary of the Treasury, for the United States ment of Defense institutions whose primary pur- States of comparable maturities: Provided fur- contribution to the Global Environment Facility pose is to train United States military personnel; ther, That funds appropriated under this para- (GEF), $47,500,000, to remain available until (2) the Secretary of Defense certifies that the graph shall be made available for Greece and September 30, 1999. H10720 CONGRESSIONAL RECORD — HOUSE November 12, 1997

CONTRIBUTION TO THE INTERNATIONAL subscribe without fiscal year limitation to the LIMITATION ON RESIDENCE EXPENSES DEVELOPMENT ASSOCIATION callable capital portion of the United States SEC. 503. Of the funds appropriated or made For payment to the International Develop- share of such capital stock in an amount not to available pursuant to this Act, not to exceed ment Association by the Secretary of the Treas- exceed $123,237,803. $126,500 shall be for official residence expenses ury, $1,034,503,100, to remain available until ex- NORTH AMERICAN DEVELOPMENT BANK of the Agency for International Development pended, of which $234,503,100 shall be available For payment to the North American Develop- during the current fiscal year: Provided, That to pay for the tenth replenishment: Provided, ment Bank by the Secretary of the Treasury, for appropriate steps shall be taken to assure that, That none of the funds may be obligated or the United States share of the paid-in portion of to the maximum extent possible, United States- made available until the Secretary of the Treas- the capital stock, $56,500,000, to remain avail- ury certifies to the Committees on Appropria- owned foreign currencies are utilized in lieu of able until expended of which $250,000 shall be dollars. tions that procurement restrictions applicable to available for contributions previously due: Pro- United States firms under the terms of the In- vided, That none of the funds appropriated LIMITATION ON EXPENSES terim Trust Fund have been lifted from all funds under this heading that are made available for SEC. 504. Of the funds appropriated or made which Interim Trust Fund donors proposed to the Community Adjustment and Investment Pro- set aside for review of procurement restrictions available pursuant to this Act, not to exceed gram shall be used for purposes other than those $5,000 shall be for entertainment expenses of the at the conclusion of the February 1997 IDA Dep- set out in the binational agreement establishing uties Meeting in Paris. Agency for International Development during the Bank: Provided further, That of the amount the current fiscal year. CONTRIBUTION TO THE INTER-AMERICAN appropriated under this heading, not more than DEVELOPMENT BANK $41,250,000 may be expended for the purchase of LIMITATION ON REPRESENTATIONAL ALLOWANCES For payment to the Inter-American Develop- such capital shares in fiscal year 1998. SEC. 505. Of the funds appropriated or made ment Bank by the Secretary of the Treasury, for LIMITATION ON CALLABLE CAPITAL available pursuant to this Act, not to exceed the United States share of the paid-in share por- SUBSCRIPTIONS $95,000 shall be available for representation al- tion of the increase in capital stock, $25,610,667, The United States Governor of the North lowances for the Agency for International De- and for the United States share of the increase American Development Bank may subscribe velopment during the current fiscal year: Pro- in the resources of the Fund for Special Oper- without fiscal year limitation to the callable vided, That appropriate steps shall be taken to ations, $20,835,000, to remain available until ex- capital portion of the United States share of the assure that, to the maximum extent possible, pended. capital stock of the North American Develop- United States-owned foreign currencies are uti- LIMITATION ON CALLABLE CAPITAL ment Bank in an amount not to exceed lized in lieu of dollars: Provided further, That of SUBSCRIPTIONS $318,750,000. the funds made available by this Act for general The United States Governor of the Inter- INTERNATIONAL ORGANIZATIONS AND PROGRAMS costs of administering military assistance and American Development Bank may subscribe For necessary expenses to carry out the provi- sales under the heading ‘‘Foreign Military Fi- without fiscal year limitation to the callable sions of section 301 of the Foreign Assistance nancing Program’’, not to exceed $2,000 shall be capital portion of the United States share of Act of 1961, and of section 2 of the United Na- available for entertainment expenses and not to such capital stock in an amount not to exceed tions Environment Program Participation Act of exceed $50,000 shall be available for representa- $1,503,718,910. 1973, $192,000,000: Provided, That none of the tion allowances: Provided further, That of the CONTRIBUTION TO THE ENTERPRISE FOR THE funds appropriated under this heading shall be funds made available by this Act under the AMERICAS MULTILATERAL INVESTMENT FUND made available for the United Nations Fund for heading ‘‘International Military Education and For payment to the Enterprise for the Ameri- Science and Technology: Provided further, That Training’’, not to exceed $50,000 shall be avail- cas Multilateral Investment Fund by the Sec- none of the funds appropriated under this head- able for entertainment allowances: Provided fur- retary of the Treasury, for the United States ing that are made available to the United Na- ther, That of the funds made available by this contribution to the Fund to be administered by tions Population Fund (UNFPA) shall be made Act for the Inter-American Foundation, not to the Inter-American Development Bank, available for activities in the People’s Republic exceed $2,000 shall be available for entertain- $30,000,000 to remain available until expended, of China: Provided further, That not more than ment and representation allowances: Provided which shall be available for contributions pre- $25,000,000 of the funds appropriated under this further, That of the funds made available by viously due. heading may be made available to UNFPA: Pro- this Act for the Peace Corps, not to exceed a vided further, That not more than one-half of CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK total of $4,000 shall be available for entertain- this amount may be provided to UNFPA before For payment to the Asian Development Bank ment expenses: Provided further, That of the March 1, 1998, and that no later than February by the Secretary of the Treasury for the United funds made available by this Act under the 15, 1998, the Secretary of State shall submit a re- States share of the paid-in portion of the in- heading ‘‘Trade and Development Agency’’, not port to the Committees on Appropriations indi- crease in capital stock, $13,221,596, to remain to exceed $2,000 shall be available for represen- cating the amount UNFPA is budgeting for the available until expended. tation and entertainment allowances. LIMITATION ON CALLABLE CAPITAL People’s Republic of China in 1998: Provided SUBSCRIPTIONS further, That any amount UNFPA plans to PROHIBITION ON FINANCING NUCLEAR GOODS spend in the People’s Republic of China in 1998 The United States Governor of the Asian De- SEC. 506. None of the funds appropriated or shall be deducted from the amount of funds pro- velopment Bank may subscribe without fiscal made available (other than funds for ‘‘Non- vided to UNFPA after March 1, 1998, pursuant year limitation to the callable capital portion of proliferation, Anti-terrorism, Demining and Re- to the previous provisos: Provided further, That the United States share of such capital stock in lated Programs’’) pursuant to this Act, for car- with respect to any funds appropriated under an amount not to exceed $647,858,204. rying out the Foreign Assistance Act of 1961, this heading that are made available to UNFPA, CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND may be used, except for purposes of nuclear UNFPA shall be required to maintain such For the United States contribution by the Sec- safety, to finance the export of nuclear equip- funds in a separate account and not commingle retary of the Treasury to the increases in re- ment, fuel, or technology. sources of the Asian Development Fund, as au- them with any other funds: Provided further, thorized by the Asian Development Bank Act, as That none of the funds appropriated under this PROHIBITION AGAINST DIRECT FUNDING FOR amended (Public Law 89–369), $150,000,000, of heading may be made available to the Korean CERTAIN COUNTRIES Peninsula Energy Development Organization which $50,000,000 shall be available for contribu- SEC. 507. None of the funds appropriated or tions previously due, to remain available until (KEDO) or the International Atomic Energy otherwise made available pursuant to this Act expended. Agency (IAEA): Provided further, That not less shall be obligated or expended to finance di- CONTRIBUTION TO THE AFRICAN DEVELOPMENT than $4,000,000 should be made available to the rectly any assistance or reparations to Cuba, FUND World Food Program. Iraq, Libya, North Korea, Iran, Sudan, or For the United States contribution by the Sec- TITLE V—GENERAL PROVISIONS Syria: Provided, That for purposes of this sec- retary of the Treasury to the increase in re- OBLIGATIONS DURING LAST MONTH OF tion, the prohibition on obligations or expendi- sources of the African Development Fund, AVAILABILITY tures shall include direct loans, credits, insur- $45,000,000, to remain available until expended SEC. 501. Except for the appropriations enti- ance and guarantees of the Export-Import Bank and which shall be available for contributions tled ‘‘International Disaster Assistance’’, and or its agents. previously due. ‘‘United States Emergency Refugee and Migra- MILITARY COUPS CONTRIBUTION TO THE EUROPEAN BANK FOR tion Assistance Fund’’, not more than 15 per- RECONSTRUCTION AND DEVELOPMENT cent of any appropriation item made available SEC. 508. None of the funds appropriated or For payment to the European Bank for Re- by this Act shall be obligated during the last otherwise made available pursuant to this Act construction and Development by the Secretary month of availability. shall be obligated or expended to finance di- of the Treasury, $35,778,717, for the United PROHIBITION OF BILATERAL FUNDING FOR rectly any assistance to any country whose duly States share of the paid-in portion of the in- INTERNATIONAL FINANCIAL INSTITUTIONS elected Head of Government is deposed by mili- crease in capital stock, to remain available until SEC. 502. Notwithstanding section 614 of the tary coup or decree: Provided, That assistance expended. Foreign Assistance Act of 1961, as amended, may be resumed to such country if the President LIMITATION ON CALLABLE CAPITAL none of the funds contained in title II of this determines and reports to the Committees on Ap- SUBSCRIPTIONS Act may be used to carry out the provisions of propriations that subsequent to the termination The United States Governor of the European section 209(d) of the Foreign Assistance Act of of assistance a democratically elected govern- Bank for Reconstruction and Development may 1961. ment has taken office. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10721

TRANSFERS BETWEEN ACCOUNTS Bolivia, and Peru authorized by the Foreign As- related programs’’, ‘‘Foreign Military Financing SEC. 509. None of the funds made available by sistance Act of 1961 or the Arms Export Control Program’’, ‘‘International military education this Act may be obligated under an appropria- Act. and training’’, ‘‘Peace Corps’’, ‘‘Migration and tion account to which they were not appro- COMMERCE AND TRADE refugee assistance’’, shall be available for obli- priated, except for transfers specifically pro- SEC. 513. (a) None of the funds appropriated gation for activities, programs, projects, type of vided for in this Act, unless the President, prior or made available pursuant to this Act for direct materiel assistance, countries, or other oper- to the exercise of any authority contained in the assistance and none of the funds otherwise ations not justified or in excess of the amount Foreign Assistance Act of 1961 to transfer funds, made available pursuant to this Act to the Ex- justified to the Appropriations Committees for consults with and provides a written policy jus- port-Import Bank and the Overseas Private In- obligation under any of these specific headings tification to the Committees on Appropriations vestment Corporation shall be obligated or ex- unless the Appropriations Committees of both of the House of Representatives and the Senate: pended to finance any loan, any assistance or Houses of Congress are previously notified fif- Provided, That the exercise of such authority any other financial commitments for establish- teen days in advance: Provided, That the Presi- shall be subject to the regular notification pro- ing or expanding production of any commodity dent shall not enter into any commitment of cedures of the Committees on Appropriations. for export by any country other than the United funds appropriated for the purposes of section DEOBLIGATION/REOBLIGATION AUTHORITY States, if the commodity is likely to be in surplus 23 of the Arms Export Control Act for the provi- SEC. 510. (a) Amounts certified pursuant to on world markets at the time the resulting pro- sion of major defense equipment, other than section 1311 of the Supplemental Appropriations ductive capacity is expected to become operative conventional ammunition, or other major de- Act, 1955, as having been obligated against ap- and if the assistance will cause substantial in- fense items defined to be aircraft, ships, missiles, propriations heretofore made under the author- jury to United States producers of the same, or combat vehicles, not previously justified to ity of the Foreign Assistance Act of 1961 for the similar, or competing commodity: Provided, That Congress or 20 percent in excess of the quan- same general purpose as any of the headings such prohibition shall not apply to the Export- tities justified to Congress unless the Committees under title II of this Act are, if deobligated, Import Bank if in the judgment of its Board of on Appropriations are notified fifteen days in hereby continued available for the same period Directors the benefits to industry and employ- advance of such commitment: Provided further, as the respective appropriations under such ment in the United States are likely to outweigh That this section shall not apply to any re- headings or until September 30, 1998, whichever the injury to United States producers of the programming for an activity, program, or project is later, and for the same general purpose, and same, similar, or competing commodity, and the under chapter 1 of part I of the Foreign Assist- for countries within the same region as origi- Chairman of the Board so notifies the Commit- ance Act of 1961 of less than 10 percent of the nally obligated: Provided, That the Appropria- tees on Appropriations. amount previously justified to the Congress for tions Committees of both Houses of the Congress (b) None of the funds appropriated by this or obligation for such activity, program, or project are notified fifteen days in advance of the re- any other Act to carry out chapter 1 of part I for the current fiscal year: Provided further, obligation of such funds in accordance with reg- of the Foreign Assistance Act of 1961 shall be That the requirements of this section or any ular notification procedures of the Committees available for any testing or breeding feasibility similar provision of this Act or any other Act, on Appropriations. study, variety improvement or introduction, including any prior Act requiring notification in (b) Obligated balances of funds appropriated consultancy, publication, conference, or train- accordance with the regular notification proce- to carry out section 23 of the Arms Export Con- ing in connection with the growth or production dures of the Committees on Appropriations, may trol Act as of the end of the fiscal year imme- in a foreign country of an agricultural commod- be waived if failure to do so would pose a sub- diately preceding the current fiscal year are, if ity for export which would compete with a simi- stantial risk to human health or welfare: Pro- deobligated, hereby continued available during lar commodity grown or produced in the United vided further, That in case of any such waiver, the current fiscal year for the same purpose States: Provided, That this subsection shall not notification to the Congress, or the appropriate under any authority applicable to such appro- prohibit— congressional committees, shall be provided as priations under this Act: Provided, That the au- (1) activities designed to increase food security early as practicable, but in no event later than thority of this subsection may not be used in fis- in developing countries where such activities three days after taking the action to which such cal year 1998. will not have a significant impact in the export notification requirement was applicable, in the AVAILABILITY OF FUNDS of agricultural commodities of the United States; context of the circumstances necessitating such SEC. 511. No part of any appropriation con- or waiver: Provided further, That any notification tained in this Act shall remain available for ob- (2) research activities intended primarily to provided pursuant to such a waiver shall con- ligation after the expiration of the current fiscal benefit American producers. tain an explanation of the emergency cir- year unless expressly so provided in this Act: SURPLUS COMMODITIES cumstances. Provided, That funds appropriated for the pur- SEC. 514. The Secretary of the Treasury shall Drawdowns made pursuant to section poses of chapters 1, 8, and 11 of part I, section instruct the United States Executive Directors of 506(a)(2) of the Foreign Assistance Act of 1961 667, and chapter 4 of part II of the Foreign As- the International Bank for Reconstruction and shall be subject to the regular notification pro- sistance Act of 1961, as amended, and funds pro- Development, the International Development cedures of the Committees on Appropriations. vided under the heading ‘‘Assistance for East- Association, the International Finance Corpora- LIMITATION ON AVAILABILITY OF FUNDS FOR ern Europe and the Baltic States’’, shall remain tion, the Inter-American Development Bank, the INTERNATIONAL ORGANIZATIONS AND PROGRAMS available until expended if such funds are ini- International Monetary Fund, the Asian Devel- SEC. 516. Notwithstanding any other provision tially obligated before the expiration of their re- opment Bank, the Inter-American Investment of law or of this Act, none of the funds provided spective periods of availability contained in this Corporation, the North American Development for ‘‘International Organizations and Pro- Act: Provided further, That, notwithstanding Bank, the European Bank for Reconstruction grams’’ shall be available for the United States any other provision of this Act, any funds made and Development, the African Development proportionate share, in accordance with section available for the purposes of chapter 1 of part I Bank, and the African Development Fund to 307(c) of the Foreign Assistance Act of 1961, for and chapter 4 of part II of the Foreign Assist- use the voice and vote of the United States to any programs identified in section 307, or for ance Act of 1961 which are allocated or obli- oppose any assistance by these institutions, Libya, Iran, or, at the discretion of the Presi- gated for cash disbursements in order to address using funds appropriated or made available pur- dent, Communist countries listed in section balance of payments or economic policy reform suant to this Act, for the production or extrac- 620(f) of the Foreign Assistance Act of 1961, as objectives, shall remain available until ex- tion of any commodity or mineral for export, if amended: Provided, That, subject to the regular pended: Provided further, That the report re- it is in surplus on world markets and if the as- notification procedures of the Committees on quired by section 653(a) of the Foreign Assist- sistance will cause substantial injury to United Appropriations, funds appropriated under this ance Act of 1961 shall designate for each coun- States producers of the same, similar, or compet- Act or any previously enacted Act making ap- try, to the extent known at the time of submis- ing commodity. propriations for foreign operations, export fi- sion of such report, those funds allocated for NOTIFICATION REQUIREMENTS nancing, and related programs, which are re- cash disbursement for balance of payment and SEC. 515. For the purposes of providing the turned or not made available for organizations economic policy reform purposes. Executive Branch with the necessary adminis- and programs because of the implementation of LIMITATION ON ASSISTANCE TO COUNTRIES IN trative flexibility, none of the funds made avail- this section or any similar provision of law, DEFAULT able under this Act for ‘‘Child Survival and Dis- shall remain available for obligation through SEC. 512. No part of any appropriation con- ease Programs Fund’’, ‘‘Development Assist- September 30, 1999. tained in this Act shall be used to furnish assist- ance’’, ‘‘International organizations and pro- ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL ance to any country which is in default during grams’’, ‘‘Trade and Development Agency’’, SEC. 517. The Congress finds that progress on a period in excess of one calendar year in pay- ‘‘International narcotics control’’, ‘‘Narcotics the peace process in the Middle East is vitally ment to the United States of principal or interest interdiction’’, ‘‘Assistance for Eastern Europe important to United States security interests in on any loan made to such country by the United and the Baltic States’’, ‘‘Assistance for the New the region. The Congress recognizes that, in ful- States pursuant to a program for which funds Independent States of the Former Soviet filling its obligations under the Treaty of Peace are appropriated under this Act: Provided, That Union’’, ‘‘Economic Support Fund’’, ‘‘Peace- Between the Arab Republic of Egypt and the this section and section 620(q) of the Foreign As- keeping operations’’, ‘‘Operating expenses of the State of Israel, done at Washington on March sistance Act of 1961 shall not apply to funds Agency for International Development’’, ‘‘Oper- 26, 1979, Israel incurred severe economic bur- made available in this Act or during the current ating expenses of the Agency for International dens. Furthermore, the Congress recognizes that fiscal year for Nicaragua and Liberia, and for Development Office of Inspector General’’, an economically and militarily secure Israel any narcotics-related assistance for Colombia, ‘‘Nonproliferation, anti-terrorism, demining and serves the security interests of the United States, H10722 CONGRESSIONAL RECORD — HOUSE November 12, 1997 for a secure Israel is an Israel which has the in- ecutive branch in accordance with a report, to determines that national security or humani- centive and confidence to continue pursuing the be provided to the Committees on Appropria- tarian reasons justify such waiver. The Presi- peace process. Therefore, the Congress declares tions within thirty days of enactment of this dent shall publish each waiver in the Federal that, subject to the availability of appropria- Act, as required by section 653(a) of the Foreign Register and, at least fifteen days before the tions, it is the policy and the intention of the Assistance Act of 1961. waiver takes effect, shall notify the Committees United States that the funds provided in annual CHILD SURVIVAL, AIDS, AND OTHER ACTIVITIES on Appropriations of the waiver (including the appropriations for the Economic Support Fund SEC. 522. Up to $10,000,000 of the funds made justification for the waiver) in accordance with which are allocated to Israel shall not be less available by this Act for assistance for family the regular notification procedures of the Com- than the annual debt repayment (interest and planning, health, child survival, basic edu- mittees on Appropriations. principal) from Israel to the United States Gov- cation, and AIDS, may be used to reimburse COMMERCIAL LEASING OF DEFENSE ARTICLES ernment in recognition that such a principle United States Government agencies, agencies of SEC. 528. Notwithstanding any other provision serves United States interests in the region. State governments, institutions of higher learn- of law, and subject to the regular notification PROHIBITION ON FUNDING FOR ABORTIONS AND ing, and private and voluntary organizations procedures of the Committees on Appropriations, INVOLUNTARY STERILIZATION for the full cost of individuals (including for the the authority of section 23(a) of the Arms Export SEC. 518. None of the funds made available to personal services of such individuals) detailed or Control Act may be used to provide financing to carry out part I of the Foreign Assistance Act of assigned to, or contracted by, as the case may Israel, Egypt and NATO and major non-NATO 1961, as amended, may be used to pay for the be, the Agency for International Development allies for the procurement by leasing (including performance of abortions as a method of family for the purpose of carrying out family planning leasing with an option to purchase) of defense planning or to motivate or coerce any person to activities, child survival, and basic education articles from United States commercial suppliers, practice abortions. None of the funds made activities, and activities relating to research on, not including Major Defense Equipment (other available to carry out part I of the Foreign As- and the treatment and control of acquired im- than helicopters and other types of aircraft hav- sistance Act of 1961, as amended, may be used to mune deficiency syndrome in developing coun- ing possible civilian application), if the Presi- pay for the performance of involuntary steriliza- tries: Provided, That funds appropriated by this dent determines that there are compelling for- tion as a method of family planning or to coerce Act that are made available for child survival eign policy or national security reasons for or provide any financial incentive to any person activities or activities relating to research on, those defense articles being provided by commer- to undergo sterilizations. None of the funds and the treatment and control of, acquired im- cial lease rather than by government-to-govern- made available to carry out part I of the For- mune deficiency syndrome may be made avail- ment sale under such Act. eign Assistance Act of 1961, as amended, may be able notwithstanding any provision of law that COMPETITIVE INSURANCE used to pay for any biomedical research which restricts assistance to foreign countries: Pro- SEC. 529. All Agency for International Devel- relates in whole or in part, to methods of, or the vided further, That funds appropriated by this opment contracts and solicitations, and sub- performance of, abortions or involuntary steri- Act that are made available for family planning contracts entered into under such contracts, lization as a means of family planning. None of activities may be made available notwithstand- shall include a clause requiring that United the funds made available to carry out part I of ing section 512 of this Act and section 620(q) of States insurance companies have a fair oppor- the Foreign Assistance Act of 1961, as amended, the Foreign Assistance Act of 1961. tunity to bid for insurance when such insurance may be obligated or expended for any country or PROHIBITION AGAINST INDIRECT FUNDING TO is necessary or appropriate. organization if the President certifies that the CERTAIN COUNTRIES STINGERS IN THE PERSIAN GULF REGION use of these funds by any such country or orga- SEC. 523. None of the funds appropriated or SEC. 530. Except as provided in section 581 of nization would violate any of the above provi- otherwise made available pursuant to this Act the Foreign Operations, Export Financing, and sions related to abortions and involuntary steri- shall be obligated to finance indirectly any as- Related Programs Appropriations Act, 1990, the lizations: Provided, That none of the funds sistance or reparations to Cuba, Iraq, Libya, United States may not sell or otherwise make made available under this Act may be used to Iran, Syria, North Korea, or the People’s Re- available any Stingers to any country bordering lobby for or against abortion. public of China, unless the President of the the Persian Gulf under the Arms Export Control REPORTING REQUIREMENT United States certifies that the withholding of Act or chapter 2 of part II of the Foreign Assist- SEC. 519. Section 25 of the Arms Export Con- these funds is contrary to the national interest ance Act of 1961. trol Act is amended— of the United States. DEBT-FOR-DEVELOPMENT (1) in subsection (a), by striking ‘‘Congress’’ RECIPROCAL LEASING SEC. 531. In order to enhance the continued and inserting in lieu thereof ‘‘appropriate con- SEC. 524. Section 61(a) of the Arms Export participation of nongovernmental organizations gressional committees’’; Control Act is amended by striking out ‘‘1997’’ in economic assistance activities under the For- (2) in subsection (b), by striking ‘‘the Commit- and inserting in lieu thereof ‘‘1998’’. eign Assistance Act of 1961, including endow- tee on Foreign Relations of the Senate or the NOTIFICATION ON EXCESS DEFENSE EQUIPMENT ments, debt-for-development and debt-for-nature Committee on Foreign Affairs of the House of SEC. 525. Prior to providing excess Department exchanges, a nongovernmental organization Representatives’’ and inserting in lieu thereof of Defense articles in accordance with section which is a grantee or contractor of the Agency ‘‘any of the congressional committees described 516(a) of the Foreign Assistance Act of 1961, the for International Development may place in in- in subsection (e)’’; and Department of Defense shall notify the Commit- terest bearing accounts funds made available (3) by adding the following subsection: tees on Appropriations to the same extent and under this Act or prior Acts or local currencies ‘‘(e) As used in this section, the term ‘appro- under the same conditions as are other commit- which accrue to that organization as a result of priate congressional committees’ means the Com- tees pursuant to subsection (c) of that section: economic assistance provided under title II of mittee on Foreign Relations and the Committee Provided, That before issuing a letter of offer to this Act and any interest earned on such invest- on Appropriations of the Senate and the Com- sell excess defense articles under the Arms Ex- ment shall be used for the purpose for which the mittee on International Relations and the Com- port Control Act, the Department of Defense assistance was provided to that organization. mittee on Appropriations of the House of Rep- shall notify the Committees on Appropriations resentatives.’’. SEPARATE ACCOUNTS in accordance with the regular notification pro- SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL SPECIAL NOTIFICATION REQUIREMENTS cedures of such Committees: Provided further, CURRENCIES.—(1) If assistance is furnished to SEC. 520. None of the funds appropriated in That such Committees shall also be informed of the government of a foreign country under this Act shall be obligated or expended for Co- the original acquisition cost of such defense ar- chapters 1 and 10 of part I or chapter 4 of part lombia, Haiti, Liberia, Pakistan, Panama, Peru, ticles. II of the Foreign Assistance Act of 1961 under Serbia, Sudan, or the Democratic Republic of AUTHORIZATION REQUIREMENT agreements which result in the generation of Congo except as provided through the regular SEC. 526. Funds appropriated by this Act may local currencies of that country, the Adminis- notification procedures of the Committees on be obligated and expended notwithstanding sec- trator of the Agency for International Develop- Appropriations. tion 10 of Public Law 91–672 and section 15 of ment shall— DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY the State Department Basic Authorities Act of (A) require that local currencies be deposited SEC. 521. For the purpose of this Act, ‘‘pro- 1956. in a separate account established by that gov- gram, project, and activity’’ shall be defined at PROHIBITION ON BILATERAL ASSISTANCE TO ernment; the Appropriations Act account level and shall TERRORIST COUNTRIES (B) enter into an agreement with that govern- include all Appropriations and Authorizations SEC. 527. (a) Notwithstanding any other provi- ment which sets forth— Acts earmarks, ceilings, and limitations with the sion of law, funds appropriated for bilateral as- (i) the amount of the local currencies to be exception that for the following accounts: Eco- sistance under any heading of this Act and generated; and nomic Support Fund and Foreign Military Fi- funds appropriated under any such heading in (ii) the terms and conditions under which the nancing Program, ‘‘program, project, and activ- a provision of law enacted prior to enactment of currencies so deposited may be utilized, consist- ity’’ shall also be considered to include country, this Act, shall not be made available to any ent with this section; and regional, and central program level funding country which the President determines— (C) establish by agreement with that govern- within each such account; for the development (1) grants sanctuary from prosecution to any ment the responsibilities of the Agency for Inter- assistance accounts of the Agency for Inter- individual or group which has committed an act national Development and that government to national Development ‘‘program, project, and of international terrorism; or monitor and account for deposits into and dis- activity’’ shall also be considered to include (2) otherwise supports international terrorism. bursements from the separate account. central program level funding, either as (1) jus- (b) The President may waive the application (2) USES OF LOCAL CURRENCIES.—As may be tified to the Congress, or (2) allocated by the ex- of subsection (a) to a country if the President agreed upon with the foreign government, local November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10723 currencies deposited in a separate account pur- States Executive Director to such institution is in the United States because United States pro- suant to subsection (a), or an equivalent compensated by the institution at a rate which, duction is being replaced by such enterprise out- amount of local currencies, shall be used only— together with whatever compensation such Di- side the United States; (A) to carry out chapters 1 or 10 of part I or rector receives from the United States, is in ex- (b) assistance for the purpose of establishing chapter 4 of part II (as the case may be), for cess of the rate provided for an individual occu- or developing in a foreign country any export such purposes as— pying a position at level IV of the Executive processing zone or designated area in which the (i) project and sector assistance activities; or Schedule under section 5315 of title 5, United tax, tariff, labor, environment, and safety laws (ii) debt and deficit financing; or States Code, or while any alternate United of that country do not apply, in part or in (B) for the administrative requirements of the States Director to such institution is com- whole, to activities carried out within that zone United States Government. pensated by the institution at a rate in excess of or area, unless the President determines and (3) PROGRAMMING ACCOUNTABILITY.—The the rate provided for an individual occupying a certifies that such assistance is not likely to Agency for International Development shall position at level V of the Executive Schedule cause a loss of jobs within the United States; or take all necessary steps to ensure that the under section 5316 of title 5, United States Code. (c) assistance for any project or activity that equivalent of the local currencies disbursed pur- (b) For purposes of this section, ‘‘inter- contributes to the violation of internationally suant to subsection (a)(2)(A) from the separate national financial institutions’’ are: the Inter- recognized workers rights, as defined in section account established pursuant to subsection national Bank for Reconstruction and Develop- 502(a)(4) of the Trade Act of 1974, of workers in (a)(1) are used for the purposes agreed upon ment, the Inter-American Development Bank, the recipient country, including any designated pursuant to subsection (a)(2). the Asian Development Bank, the Asian Devel- zone or area in that country: Provided, That in (4) TERMINATION OF ASSISTANCE PROGRAMS.— opment Fund, the African Development Bank, recognition that the application of this sub- Upon termination of assistance to a country the African Development Fund, the Inter- section should be commensurate with the level under chapters 1 or 10 of part I or chapter 4 of national Monetary Fund, the North American of development of the recipient country and sec- part II (as the case may be), any unencumbered Development Bank, and the European Bank for tor, the provisions of this subsection shall not balances of funds which remain in a separate Reconstruction and Development. preclude assistance for the informal sector in account established pursuant to subsection (a) COMPLIANCE WITH UNITED NATIONS SANCTIONS such country, micro and small-scale enterprise, shall be disposed of for such purposes as may be AGAINST IRAQ and smallholder agriculture. agreed to by the government of that country SEC. 534. None of the funds appropriated or SPECIAL AUTHORITIES and the United States Government. otherwise made available pursuant to this Act to SEC. 539. (a) Funds appropriated in title II of (5) CONFORMING AMENDMENTS.—The provi- carry out the Foreign Assistance Act of 1961 (in- this Act that are made available for Afghani- sions of this subsection shall supersede the tenth cluding title IV of chapter 2 of part I, relating stan, Lebanon, and for victims of war, displaced and eleventh provisos contained under the to the Overseas Private Investment Corporation) children, displaced Burmese, humanitarian as- heading ‘‘Sub-Saharan Africa, Development As- or the Arms Export Control Act may be used to sistance for Romania, and humanitarian assist- sistance’’ as included in the Foreign Operations, provide assistance to any country that is not in ance for the peoples of Bosnia and Herzegovina, Export Financing, and Related Programs Ap- compliance with the United Nations Security Croatia, and Kosova, may be made available propriations Act, 1989 and sections 531(d) and Council sanctions against Iraq unless the Presi- notwithstanding any other provision of law. 609 of the Foreign Assistance Act of 1961. dent determines and so certifies to the Congress (b) Funds appropriated by this Act to carry (6) REPORTING REQUIREMENT.—The Adminis- that— out the provisions of sections 103 through 106 of trator of the Agency for International Develop- (1) such assistance is in the national interest the Foreign Assistance Act of 1961 may be used, ment shall report on an annual basis as part of of the United States; notwithstanding any other provision of law, for the justification documents submitted to the (2) such assistance will directly benefit the the purpose of supporting tropical forestry and Committees on Appropriations on the use of needy people in that country; or energy programs aimed at reducing emissions of local currencies for the administrative require- (3) the assistance to be provided will be hu- greenhouse gases, and for the purpose of sup- ments of the United States Government as au- manitarian assistance for foreign nationals who porting biodiversity conservation activities: Pro- thorized in subsection (a)(2)(B), and such report have fled Iraq and Kuwait. vided, That such assistance shall be subject to shall include the amount of local currency (and COMPETITIVE PRICING FOR SALES OF DEFENSE sections 116, 502B, and 620A of the Foreign As- United States dollar equivalent) used and/or to ARTICLES sistance Act of 1961. be used for such purpose in each applicable SEC. 535. Direct costs associated with meeting (c) The Agency for International Development country. a foreign customer’s additional or unique re- may employ personal services contractors, not- (b) SEPARATE ACCOUNTS FOR CASH TRANS- quirements will continue to be allowable under withstanding any other provision of law, for the FERS.—(1) If assistance is made available to the contracts under section 22(d) of the Arms Export purpose of administering programs for the West government of a foreign country, under chapters Control Act. Loadings applicable to such direct Bank and Gaza. 1 or 10 of part I or chapter 4 of part II of the costs shall be permitted at the same rates appli- Foreign Assistance Act of 1961, as cash transfer (d)(1) WAIVER.—The President may waive the cable to procurement of like items purchased by assistance or as nonproject sector assistance, provisions of section 1003 of Public Law 100–204 the Department of Defense for its own use. that country shall be required to maintain such if the President determines and certifies in writ- funds in a separate account and not commingle EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO ing to the Speaker of the House of Representa- them with any other funds. CLOSE THE SPECIAL DEFENSE ACQUISITION FUND tives and the President Pro Tempore of the Sen- ate that it is important to the national security (2) APPLICABILITY OF OTHER PROVISIONS OF SEC. 536. Title III of Public Law 103–306 is interests of the United States. LAW.—Such funds may be obligated and ex- amended under the heading ‘‘Special Defense pended notwithstanding provisions of law Acquisition Fund’’ by striking ‘‘1998’’ and in- (2) PERIOD OF APPLICATION OF WAIVER.—Any which are inconsistent with the nature of this serting ‘‘2000’’. waiver pursuant to paragraph (1) shall be effec- assistance including provisions which are ref- AUTHORITIES FOR THE PEACE CORPS, THE INTER- tive for no more than a period of six months at erenced in the Joint Explanatory Statement of AMERICAN FOUNDATION AND THE AFRICAN DE- a time and shall not apply beyond twelve the Committee of Conference accompanying VELOPMENT FOUNDATION months after enactment of this Act. House Joint Resolution 648 (H. Report No. 98– SEC. 537. Unless expressly provided to the con- POLICY ON TERMINATING THE ARAB LEAGUE 1159). trary, provisions of this or any other Act, in- BOYCOTT OF ISRAEL (3) NOTIFICATION.—At least fifteen days prior cluding provisions contained in prior Acts au- SEC. 540. It is the sense of the Congress that— to obligating any such cash transfer or non- thorizing or making appropriations for foreign (1) the Arab League countries should imme- project sector assistance, the President shall operations, export financing, and related pro- diately and publicly renounce the primary boy- submit a notification through the regular notifi- grams, shall not be construed to prohibit activi- cott of Israel and the secondary and tertiary cation procedures of the Committees on Appro- ties authorized by or conducted under the Peace boycott of American firms that have commercial priations, which shall include a detailed de- Corps Act, the Inter-American Foundation Act, ties with Israel; and scription of how the funds proposed to be made or the African Development Foundation Act. (2) the decision by the Arab League in 1997 to available will be used, with a discussion of the The appropriate agency shall promptly report to reinstate the boycott against Israel was deeply United States interests that will be served by the the Committees on Appropriations whenever it is troubling and disappointing; and assistance (including, as appropriate, a descrip- conducting activities or is proposing to conduct (3) the Arab League should immediately re- tion of the economic policy reforms that will be activities in a country for which assistance is scind its decision on the boycott and its members promoted by such assistance). prohibited. should develop normal relations with their (4) EXEMPTION.—Nonproject sector assistance IMPACT ON JOBS IN THE UNITED STATES neighbor Israel; and funds may be exempt from the requirements of SEC. 538. None of the funds appropriated by (4) the President should— subsection (b)(1) only through the notification this Act may be obligated or expended to pro- (A) take more concrete steps to encourage vig- procedures of the Committees on Appropriations. vide— orously Arab League countries to renounce pub- COMPENSATION FOR UNITED STATES EXECUTIVE (a) any financial incentive to a business en- licly the primary boycotts of Israel and the sec- DIRECTORS TO INTERNATIONAL FINANCIAL INSTI- terprise currently located in the United States ondary and tertiary boycotts of American firms TUTIONS for the purpose of inducing such an enterprise that have commercial relations with Israel as a SEC. 533. (a) No funds appropriated by this to relocate outside the United States if such in- confidence-building measure; Act may be made as payment to any inter- centive or inducement is likely to reduce the (B) take into consideration the participation national financial institution while the United number of employees of such business enterprise of any recipient country in the primary boycott H10724 CONGRESSIONAL RECORD — HOUSE November 12, 1997 of Israel and the secondary and tertiary boy- that violate internationally recognized human used to pay in whole or in part any assessments, cotts of American firms that have commercial re- rights. arrearages, or dues of any member of the United lations with Israel when determining whether to EARMARKS Nations. sell weapons to said country; SEC. 543. (a) Funds appropriated by this Act CONSULTING SERVICES (C) report to Congress on the specific steps which are earmarked may be reprogrammed for SEC. 548. The expenditure of any appropria- being taken by the President to bring about a other programs within the same account not- tion under this Act for any consulting service public renunciation of the Arab primary boycott withstanding the earmark if compliance with through procurement contract, pursuant to sec- of Israel and the secondary and tertiary boy- the earmark is made impossible by operation of tion 3109 of title 5, United States Code, shall be cotts of American firms that have commercial re- any provision of this or any other Act or, with limited to those contracts where such expendi- lations with Israel and to expand the process of respect to a country with which the United tures are a matter of public record and available normalizing ties between Arab League countries States has an agreement providing the United for public inspection, except where otherwise and Israel; and States with base rights or base access in that provided under existing law, or under existing (D) encourage the allies and trading partners country, if the President determines that the re- Executive order pursuant to existing law. of the United States to enact laws prohibiting cipient for which funds are earmarked has sig- PRIVATE VOLUNTARY ORGANIZATIONS— businesses from complying with the boycott and nificantly reduced its military or economic co- DOCUMENTATION penalizing businesses that do comply. operation with the United States since enact- SEC. 549. None of the funds appropriated or ANTI-NARCOTICS ACTIVITIES ment of the Foreign Operations, Export Financ- made available pursuant to this Act shall be SEC. 541. (a) Of the funds appropriated or oth- ing, and Related Programs Appropriations Act, available to a private voluntary organization erwise made available by this Act for ‘‘Economic 1991; however, before exercising the authority of which fails to provide upon timely request any Support Fund’’, assistance may be provided to this subsection with regard to a base rights or document, file, or record necessary to the audit- strengthen the administration of justice in coun- base access country which has significantly re- ing requirements of the Agency for Inter- tries in Latin America and the Caribbean and in duced its military or economic cooperation with national Development. other regions consistent with the provisions of the United States, the President shall consult PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN- section 534(b) of the Foreign Assistance Act of with, and shall provide a written policy jus- MENTS THAT EXPORT LETHAL MILITARY EQUIP- 1961, except that programs to enhance protec- tification to the Committees on Appropriations: MENT TO COUNTRIES SUPPORTING INTER- tion of participants in judicial cases may be Provided, That any such reprogramming shall NATIONAL TERRORISM conducted notwithstanding section 660 of that be subject to the regular notification procedures SEC. 550. (a) None of the funds appropriated Act. of the Committees on Appropriations: Provided or otherwise made available by this Act may be (b) Funds made available pursuant to this sec- further, That assistance that is reprogrammed available to any foreign government which pro- tion may be made available notwithstanding pursuant to this subsection shall be made avail- vides lethal military equipment to a country the section 534(c) and the second and third sen- able under the same terms and conditions as government of which the Secretary of State has tences of section 534(e) of the Foreign Assistance originally provided. determined is a terrorist government for pur- Act of 1961. Funds made available pursuant to (b) In addition to the authority contained in poses of section 40(d) of the Arms Export Con- subsection (a) for Bolivia, Colombia, and Peru subsection (a), the original period of availability trol Act. The prohibition under this section with may be made available notwithstanding section of funds appropriated by this Act and adminis- respect to a foreign government shall terminate 534(c) and the second sentence of section 534(e) tered by the Agency for International Develop- 12 months after that government ceases to pro- of the Foreign Assistance Act of 1961. ment that are earmarked for particular pro- vide such military equipment. This section ap- ELIGIBILITY FOR ASSISTANCE grams or activities by this or any other Act shall plies with respect to lethal military equipment SEC. 542. (a) ASSISTANCE THROUGH NON- be extended for an additional fiscal year if the provided under a contract entered into after Oc- GOVERNMENTAL ORGANIZATIONS.—Restrictions Administrator of such agency determines and tober 1, 1997. contained in this or any other Act with respect reports promptly to the Committees on Appro- (b) Assistance restricted by subsection (a) or to assistance for a country shall not be con- priations that the termination of assistance to a any other similar provision of law, may be fur- strued to restrict assistance in support of pro- country or a significant change in cir- nished if the President determines that furnish- grams of nongovernmental organizations from cumstances makes it unlikely that such ear- ing such assistance is important to the national funds appropriated by this Act to carry out the marked funds can be obligated during the origi- interests of the United States. provisions of chapters 1 and 10 and 11 of part I, nal period of availability: Provided, That such (c) Whenever the waiver of subsection (b) is and chapter 4 of part II, of the Foreign Assist- earmarked funds that are continued available exercised, the President shall submit to the ap- ance Act of 1961: Provided, That the President for an additional fiscal year shall be obligated propriate congressional committees a report with shall take into consideration, in any case in only for the purpose of such earmark. respect to the furnishing of such assistance. which a restriction on assistance would be ap- CEILINGS AND EARMARKS Any such report shall include a detailed expla- nation of the assistance estimated to be pro- plicable but for this subsection, whether assist- SEC. 544. Ceilings and earmarks contained in ance in support of programs of nongovernmental this Act shall not be applicable to funds or au- vided, including the estimated dollar amount of organizations is in the national interest of the thorities appropriated or otherwise made avail- such assistance, and an explanation of how the United States: Provided further, That before able by any subsequent Act unless such Act spe- assistance furthers United States national inter- using the authority of this subsection to furnish cifically so directs. ests. WITHHOLDING OF ASSISTANCE FOR PARKING FINES assistance in support of programs of nongovern- PROHIBITION ON PUBLICITY OR PROPAGANDA mental organizations, the President shall notify OWED BY FOREIGN COUNTRIES SEC. 545. No part of any appropriation con- SEC. 551. (a) IN GENERAL.—Of the funds made the Committees on Appropriations under the tained in this Act shall be used for publicity or available for a foreign country under part I of regular notification procedures of those commit- propaganda purposes within the United States the Foreign Assistance Act of 1961, an amount tees, including a description of the program to not authorized before the date of enactment of equivalent to 110 percent of the total unpaid be assisted, the assistance to be provided, and this Act by the Congress: Provided, That not to fully adjudicated parking fines and penalties the reasons for furnishing such assistance: Pro- exceed $500,000 may be made available to carry owed to the District of Columbia by such coun- vided further, That nothing in this subsection out the provisions of section 316 of Public Law try as of the date of enactment of this Act shall shall be construed to alter any existing statu- 96–533. tory prohibitions against abortion or involun- be withheld from obligation for such country PURCHASE OF AMERICAN-MADE EQUIPMENT AND tary sterilizations contained in this or any other until the Secretary of State certifies and reports Act. PRODUCTS in writing to the appropriate congressional com- (b) PUBLIC LAW 480.—During fiscal year 1998, SEC. 546. (a) To the maximum extent possible, mittees that such fines and penalties are fully restrictions contained in this or any other Act assistance provided under this Act should make paid to the government of the District of Colum- with respect to assistance for a country shall full use of American resources, including com- bia. not be construed to restrict assistance under the modities, products, and services. (b) DEFINITION.—For purposes of this section, Agricultural Trade Development and Assistance (b) It is the Sense of the Congress that, to the the term ‘‘appropriate congressional commit- Act of 1954: Provided, That none of the funds greatest extent practicable, all equipment and tees’’ means the Committee on Foreign Relations appropriated to carry out title I of such Act and products purchased with funds made available and the Committee on Appropriations of the made available pursuant to this subsection may in this Act should be American-made. Senate and the Committee on International Re- be obligated or expended except as provided (c) In providing financial assistance to, or en- lations and the Committee on Appropriations of through the regular notification procedures of tering into any contract with, any entity using the House of Representatives. the Committees on Appropriations. funds made available in this Act, the head of LIMITATION ON ASSISTANCE FOR THE PLO FOR THE (c) EXCEPTION.—This section shall not each Federal agency, to the greatest extent WEST BANK AND GAZA apply— practicable, shall provide to such entity a notice SEC. 552. None of the funds appropriated by (1) with respect to section 620A of the Foreign describing the statement made in subsection (b) this Act may be obligated for assistance for the Assistance Act or any comparable provision of by the Congress. Palestine Liberation Organization for the West law prohibiting assistance to countries that sup- PROHIBITION OF PAYMENTS TO UNITED NATIONS Bank and Gaza unless the President has exer- port international terrorism; or MEMBERS cised the authority under section 604(a) of the (2) with respect to section 116 of the Foreign SEC. 547. None of the funds appropriated or Middle East Peace Facilitation Act of 1995 (title Assistance Act of 1961 or any comparable provi- made available pursuant to this Act for carrying VI of Public Law 104–107) or any other legisla- sion of law prohibiting assistance to countries out the Foreign Assistance Act of 1961, may be tion to suspend or make inapplicable section 307 November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10725 of the Foreign Assistance Act of 1961 and that PROHIBITION OF PAYMENT OF CERTAIN EXPENSES shall not be considered assistance for purposes suspension is still in effect: Provided, That if SEC. 556. None of the funds appropriated or of any provision of law limiting assistance to a the President fails to make the certification otherwise made available by this Act under the country. The authority provided by subsection under section 604(b)(2) of the Middle East Peace heading ‘‘International Military Education and (a) may be exercised notwithstanding section Facilitation Act of 1995 or to suspend the prohi- Training’’ or ‘‘Foreign Military Financing Pro- 620(r) of the Foreign Assistance Act of 1961. bition under other legislation, funds appro- gram’’ for Informational Program activities may AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR priated by this Act may not be obligated for as- be obligated or expended to pay for— SALES sistance for the Palestine Liberation Organiza- (1) alcoholic beverages; SEC. 559. (a) LOANS ELIGIBLE FOR SALE, RE- tion for the West Bank and Gaza. (2) food (other than food provided at a mili- DUCTION, OR CANCELLATION.— WAR CRIMES TRIBUNALS DRAWDOWN tary installation) not provided in conjunction (1) AUTHORITY TO SELL, REDUCE, OR CANCEL SEC. 553. If the President determines that with Informational Program trips where stu- CERTAIN LOANS.—Notwithstanding any other doing so will contribute to a just resolution of dents do not stay at a military installation; or provision of law, the President may, in accord- charges regarding genocide or other violations (3) entertainment expenses for activities that ance with this section, sell to any eligible pur- of international humanitarian law, the Presi- are substantially of a recreational character, in- chaser any concessional loan or portion thereof dent may direct a drawdown pursuant to sec- cluding entrance fees at sporting events and made before January 1, 1995, pursuant to the tion 552(c) of the Foreign Assistance Act of 1961, amusement parks. Foreign Assistance Act of 1961, to the govern- as amended, of up to $25,000,000 of commodities EQUITABLE ALLOCATION OF FUNDS ment of any eligible country as defined in sec- tion 702(6) of that Act or on receipt of payment and services for the United Nations War Crimes SEC. 557. Not more than 18 percent of the from an eligible purchaser, reduce or cancel Tribunal established with regard to the former funds appropriated by this Act to carry out the such loan or portion thereof, only for the pur- Yugoslavia by the United Nations Security provisions of sections 103 through 106 and chap- Council or such other tribunals or commissions pose of facilitating— ter 4 of part II of the Foreign Assistance Act of (A) debt-for-equity swaps, debt-for-develop- as the Council may establish to deal with such 1961, that are made available for Latin America violations, without regard to the ceiling limita- ment swaps, or debt-for-nature swaps; or and the Caribbean region may be made avail- (B) a debt buyback by an eligible country of tion contained in paragraph (2) thereof: Pro- able, through bilateral and Latin America and vided, That the determination required under its own qualified debt, only if the eligible coun- the Caribbean regional programs, to provide as- this section shall be in lieu of any determina- try uses an additional amount of the local cur- sistance for any country in such region. tions otherwise required under section 552(c): rency of the eligible country, equal to not less Provided further, That sixty days after the date SPECIAL DEBT RELIEF FOR THE POOREST than 40 percent of the price paid for such debt of enactment of this Act, and every one hundred SEC. 558. (a) AUTHORITY TO REDUCE DEBT.— by such eligible country, or the difference be- eighty days thereafter, the Secretary of State The President may reduce amounts owed to the tween the price paid for such debt and the face shall submit a report to the Committees on Ap- United States (or any agency of the United value of such debt, to support activities that propriations describing the steps the United States) by an eligible country as a result of— link conservation and sustainable use of natural States Government is taking to collect informa- (1) guarantees issued under sections 221 and resources with local community development, tion regarding allegations of genocide or other 222 of the Foreign Assistance Act of 1961; or and child survival and other child development, violations of international law in the former (2) credits extended or guarantees issued in a manner consistent with sections 707 Yugoslavia and to furnish that information to under the Arms Export Control Act; through 710 of the Foreign Assistance Act of the United Nations War Crimes Tribunal for the (3) any obligation or portion of such obliga- 1961, if the sale, reduction, or cancellation former Yugoslavia. tion for a Latin American country, to pay for would not contravene any term or condition of LANDMINES purchases of United States agricultural com- any prior agreement relating to such loan. (2) TERMS AND CONDITIONS.—Notwithstanding SEC. 554. Notwithstanding any other provision modities guaranteed by the Commodity Credit of law, demining equipment available to the Corporation under export credit guarantee pro- any other provision of law, the President shall, Agency for International Development and the grams authorized pursuant to section 5(f) of the in accordance with this section, establish the Department of State and used in support of the Commodity Credit Corporation Charter Act of terms and conditions under which loans may be clearance of landmines and unexploded ord- June 29, 1948, as amended, section 4(b) of the sold, reduced, or canceled pursuant to this sec- nance for humanitarian purposes may be dis- Food for Peace Act of 1966, as amended (Public tion. (3) ADMINISTRATION.—The Facility, as defined posed of on a grant basis in foreign countries, Law 89–808), or section 202 of the Agricultural in section 702(8) of the Foreign Assistance Act of subject to such terms and conditions as the Trade Act of 1978, as amended (Public Law 95– 1961, shall notify the administrator of the agen- President may prescribe: Provided, That not 501). cy primarily responsible for administering part I later than 90 days after the enactment of this (b) LIMITATIONS.— of the Foreign Assistance Act of 1961 of pur- Act, the Secretary of Defense, in consultation (1) The authority provided by subsection (a) chasers that the President has determined to be with the Secretary of State, shall submit a re- may be exercised only to implement multilateral eligible, and shall direct such agency to carry port to the Committees on Appropriations de- official debt relief and referendum agreements, out the sale, reduction, or cancellation of a loan scribing potential alternative technologies or commonly referred to as ‘‘Paris Club Agreed pursuant to this section. Such agency shall tactics and a plan for the development of such Minutes’’. make an adjustment in its accounts to reflect alternatives to protect anti-tank mines from (2) The authority provided by subsection (a) the sale, reduction, or cancellation. tampering in a manner consistent with the may be exercised only in such amounts or to (4) LIMITATION.—The authorities of this sub- such extent as is provided in advance by appro- ‘‘Convention on the Prohibition, Use, Stock- section shall be available only to the extent that priations Acts. piling, Production and Transfer of Anti-person- appropriations for the cost of the modification, (3) The authority provided by subsection (a) nel Mines and on Their Destruction’’. as defined in section 502 of the Congressional may be exercised only with respect to countries RESTRICTIONS CONCERNING THE PALESTINIAN Budget Act of 1974, are made in advance. AUTHORITY with heavy debt burdens that are eligible to bor- (b) DEPOSIT OF PROCEEDS.—The proceeds from SEC. 555. None of the funds appropriated by row from the International Development Asso- the sale, reduction, or cancellation of any loan this Act may be obligated or expended to create ciation, but not from the International Bank for sold, reduced, or canceled pursuant to this sec- in any part of Jerusalem a new office of any de- Reconstruction and Development, commonly re- tion shall be deposited in the United States Gov- partment or agency of the United States Govern- ferred to as ‘‘IDA-only’’ countries. ernment account or accounts established for the ment for the purpose of conducting official (c) CONDITIONS.—The authority provided by repayment of such loan. United States Government business with the subsection (a) may be exercised only with re- (c) ELIGIBLE PURCHASERS.—A loan may be Palestinian Authority over Gaza and Jericho or spect to a country whose government— sold pursuant to subsection (a)(1)(A) only to a any successor Palestinian governing entity pro- (1) does not have an excessive level of military purchaser who presents plans satisfactory to the vided for in the Israel-PLO Declaration of Prin- expenditures; President for using the loan for the purpose of ciples: Provided, That this restriction shall not (2) has not repeatedly provided support for engaging in debt-for-equity swaps, debt-for-de- apply to the acquisition of additional space for acts of international terrorism; velopment swaps, or debt-for-nature swaps. the existing Consulate General in Jerusalem: (3) is not failing to cooperate on international (d) DEBTOR CONSULTATIONS.—Before the sale Provided further, That meetings between offi- narcotics control matters; to any eligible purchaser, or any reduction or cers and employees of the United States and of- (4) (including its military or other security cancellation pursuant to this section, of any ficials of the Palestinian Authority, or any suc- forces) does not engage in a consistent pattern loan made to an eligible country, the President cessor Palestinian governing entity provided for of gross violations of internationally recognized should consult with the country concerning the in the Israel-PLO Declaration of Principles, for human rights; and amount of loans to be sold, reduced, or canceled the purpose of conducting official United States (5) is not ineligible for assistance because of and their uses for debt-for-equity swaps, debt- Government business with such authority the application of section 527 of the Foreign Re- for-development swaps, or debt-for-nature should continue to take place in locations other lations Authorization Act, Fiscal Years 1994 and swaps. than Jerusalem. As has been true in the past, of- 1995. (e) AVAILABILITY OF FUNDS.—The authority ficers and employees of the United States Gov- (d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only ernment may continue to meet in Jerusalem on provided by subsection (a) may be used only with regard to funds appropriated by this Act other subjects with Palestinians (including with regard to funds appropriated by this Act under the heading ‘‘Debt restructuring’’. those who now occupy positions in the Palestin- under the heading ‘‘Debt restructuring’’. INTERNATIONAL FINANCIAL INSTITUTIONS ian Authority), have social contacts, and have (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A SEC. 560. (a) AUTHORIZATIONS.—The Secretary incidental discussions. reduction of debt pursuant to subsection (a) of the Treasury may, to fulfill commitments of H10726 CONGRESSIONAL RECORD — HOUSE November 12, 1997 the United States: (1) effect the United States beginning March 23, 1933 and ending on May 8, revenue for the United Nations or any of its spe- participation in the first general capital in- 1945 under the direction of, or in association cialized agencies. crease of the European Bank for Reconstruction with— (c) DEFINITIONS.—As used in this section the and Development, subscribe to and make pay- (A) the Nazi government of Germany; term ‘‘United States person’’ refers to— ment for 100,000 additional shares of the capital (B) any government in any area occupied by (1) a natural person who is a citizen or na- stock of the Bank on behalf of the United the military forces of the Nazi government of tional of the United States; or States; and (2) contribute on behalf of the Unit- Germany; (2) a corporation, partnership, or other legal ed States to the eleventh replenishment of the (C) any government which was established entity organized under the United States or any resources of the International Development As- with the assistance or cooperation of the Nazi State, territory, possession, or district of the sociation, to the sixth replenishment of the re- government; or United States. sources of the Asian Development Fund, a spe- (D) any government which was an ally of the ASSISTANCE TO TURKEY cial fund of the Asian Development Bank. The Nazi government of Germany. SEC. 565. (a) Not more than $40,000,000 of the following amounts are authorized to be appro- LIMITATION ON ASSISTANCE FOR HAITI funds appropriated in this Act under the head- priated without fiscal year limitation for pay- SEC. 562. (a) LIMITATION.—None of the funds ing ‘‘Economic Support Fund’’ may be made ment by the Secretary of the Treasury: (1) appropriated or otherwise made available by available for Turkey. $285,772,500 for paid-in capital, and $984,327,500 this Act may be provided to the Government of (b) Of the funds made available under the for callable capital of the European Bank for Haiti unless the President reports to Congress heading ‘‘Economic Support Fund’’ for Turkey, Reconstruction and Development; (2) that the Government of Haiti— not less than fifty percent of these funds shall $1,600,000,000 for the International Development (1) is conducting thorough investigations of be made available for the purpose of supporting Association; (3) $400,000,000 for the Asian Devel- extrajudicial and political killings; private nongovernmental organizations engaged opment Fund; and (4) $76,832,001 for paid-in (2) is cooperating with United States authori- in strengthening democratic institutions in Tur- capital, and $4,511,156,729 for callable capital of ties in the investigations of political and key, providing economic assistance for individ- the Inter-American Development Bank in con- extrajudicial killings; uals and communities affected by civil unrest, nection with the eighth general increase in the (3) has substantially completed privatization and supporting and promoting peaceful solu- resources of that Bank. Each such subscription of (or placed under long-term private manage- tions and economic development which will con- or contribution shall be subject to obtaining the ment or concession) at least three major public tribute to the settlement of regional problems in necessary appropriations. enterprises; and Turkey. (b) CONSIDERATION OF ENVIRONMENTAL IM- (4) has taken action to remove from the Hai- LIMITATION ON ASSISTANCE TO THE PALESTINIAN PACT OF INTERNATIONAL FINANCE CORPORATION tian National Police, national palace and resi- AUTHORITY LOANS.—Section 1307 of the International Fi- dential guard, ministerial guard, and any other SEC. 566. (a) PROHIBITION OF FUNDS.—None of nancial Institutions Act (Public Law 95–118) is public security entity of Haiti those individuals the funds appropriated by this Act to carry out amended as follows: who are credibly alleged to have engaged in or the provisions of chapter 4 of part II of the For- (1) in subsection (a)(1)(A) strike ‘‘borrowing conspired to conceal gross violations of inter- eign Assistance Act of 1961 may be obligated or country’’ and insert in lieu thereof ‘‘borrower’’; nationally recognized human rights. expended with respect to providing funds to the (2) in subsection (a)(2)(A) strike ‘‘country’’; (b) EXCEPTIONS.—The limitation in subsection Palestinian Authority. (a) does not apply to the provision of humani- and (b) WAIVER.—The prohibition included in sub- (3) at the end of Section 1307, add a new sub- tarian, electoral, counter-narcotics, or law en- section (a) shall not apply if the President cer- section as follows: forcement assistance. tifies in writing to the Speaker of the House of AIVER.—The President may waive the re- ‘‘(g) For purposes of this section, the term (c) W Representatives and the President Pro Tempore quirements of this section on a semiannual basis ‘multilateral development bank’ means any of of the Senate that waiving such prohibition is if the President determines and certifies to the the institutions named in Section 1303(b) of this important to the national security interests of appropriate committees of Congress that such Act, and the International Finance Corpora- the United States. waiver is in the national interest of the United tion.’’. (c) PERIOD OF APPLICATION OF WAIVER.—Any (c) The Secretary of the Treasury shall in- States. waiver pursuant to subsection (b) shall be effec- (d) PARASTATALS DEFINED.—As used in this struct the United States Executive Directors of tive for no more than a period of six months at section, the term ‘‘parastatal’’ means a govern- the International Bank for Reconstruction and a time and shall not apply beyond twelve ment-owned enterprise. Development and the International Develop- months after enactment of this Act. ment Association to use the voice and vote of REQUIREMENT FOR DISCLOSURE OF FOREIGN AID LIMITATION ON ASSISTANCE TO THE GOVERNMENT the United States to strongly encourage their re- IN REPORT OF SECRETARY OF STATE OF CROATIA spective institutions to— SEC. 563. (a) FOREIGN AID REPORTING RE- SEC. 567. None of the funds appropriated or (1) provide timely public information on pro- QUIREMENT.—In addition to the voting practices otherwise made available by title II of this Act curement opportunities available to United of a foreign country, the report required to be may be made available to the Government of States suppliers, with a special emphasis on submitted to Congress under section 406(a) of Croatia to relocate the remains of Croatian small business; and the Foreign Relations Authorization Act, fiscal Ustashe soldiers, at the site of the World War II (2) systematically consult with local commu- years 1990 and 1991 (22 U.S.C. 2414a), shall in- concentration camp at Jasenovac, Croatia. nities on the potential impact of loans as part of clude a side-by-side comparison of individual the normal lending process, and expand the par- countries’ overall support for the United States BURMA LABOR REPORT ticipation of affected peoples and nongovern- at the United Nations and the amount of United SEC. 568. Not later than one hundred twenty mental organizations in decisions on the selec- States assistance provided to such country in days after enactment of this Act, the Secretary tion, design and implementation of policies and fiscal year 1997. of Labor in consultation with the Secretary of projects. (b) UNITED STATES ASSISTANCE.—For purposes State shall provide to the Committees on Appro- SANCTIONS AGAINST COUNTRIES HARBORING WAR of this section, the term ‘‘United States assist- priations a report addressing labor practices in CRIMINALS ance’’ has the meaning given the term in section Burma. SEC. 561. (a) BILATERAL ASSISTANCE.—The 481(e)(4) of the Foreign Assistance Act of 1961 HAITI President is authorized to withhold funds ap- (22 U.S.C. 2291(e)(4)). SEC. 569. The Government of Haiti shall be eli- propriated by this Act under the Foreign Assist- RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO gible to purchase defense articles and services ance Act of 1961 or the Arms Export Control Act UNITED NATIONS AGENCIES under the Arms Export Control Act (22 U.S.C. for any country described in subsection (c). SEC. 564. (a) PROHIBITION ON VOLUNTARY 2751 et seq.), for the civilian-led Haitian Na- (b) MULTILATERAL ASSISTANCE.—The Sec- CONTRIBUTIONS FOR THE UNITED NATIONS.— tional Police and Coast Guard: Provided, That retary of the Treasury should instruct the Unit- None of the funds appropriated or otherwise the authority provided by this section shall be ed States executive directors of the international made available by this Act may be made avail- subject to the regular notification procedures of financial institutions to work in opposition to, able to pay any voluntary contribution of the the Committees on Appropriations. and vote against, any extension by such institu- United States to the United Nations (including LIMITATION ON ASSISTANCE TO SECURITY FORCES tions of financing or financial or technical as- the United Nations Development Program) if the SEC. 570. None of the funds made available by sistance to any country described in subsection United Nations implements or imposes any tax- this Act may be provided to any unit of the se- (c). ation on any United States persons. curity forces of a foreign country if the Sec- (c) SANCTIONED COUNTRIES.—A country de- (b) CERTIFICATION REQUIRED FOR DISBURSE- retary of State has credible evidence that such scribed in this subsection is a country the gov- MENT OF FUNDS.—None of the funds appro- unit has committed gross violations of human ernment of which knowingly grants sanctuary priated or otherwise made available under this rights, unless the Secretary determines and re- to persons in its territory for the purpose of Act may be made available to pay any vol- ports to the Committees on Appropriations that evading prosecution, where such persons— untary contribution of the United States to the the government of such country is taking effec- (1) have been indicted by the International United Nations (including the United Nations tive measures to bring the responsible members Criminal Tribunal for Rwanda, or any other Development Program) unless the President cer- of the security forces unit to justice: Provided, international tribunal with similar standing tifies to the Congress 15 days in advance of such That nothing in this section shall be construed under international law; or payment that the United Nations is not engaged to withhold funds made available by this Act (2) have been indicted for war crimes or crimes in any effort to implement or impose any tax- from any unit of the security forces of a foreign against humanity committed during the period ation on United States persons in order to raise country not credibly alleged to be involved in November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10727 gross violations of human rights: Provided fur- (A) humanitarian assistance; subsection shall be effective only with respect to ther, That in the event that funds are withheld (B) democratization assistance; a specified bilateral program or multilateral as- from any unit pursuant to this section, the Sec- (C) assistance for cross border physical infra- sistance project or program identified in the de- retary of State shall promptly inform the foreign structure projects involving activities in both a termination of the Secretary of State to Con- government of the basis for such action and sanctioned country, entity, or canton and a gress. shall, to the maximum extent practicable, assist nonsanctioned contiguous country, entity, or (f) TERMINATION OF SANCTIONS.—The sanc- the foreign government in taking effective meas- canton, if the project is primarily located in and tions imposed pursuant to subsections (a) and ures to bring the responsible members of the se- primarily benefits the nonsanctioned country, (b) with respect to a country or entity shall curity forces to justice. entity, or canton and if the portion of the cease to apply only if the Secretary of State de- LIMITATIONS ON TRANSFER OF MILITARY project located in the sanctioned country, en- termines and certifies to Congress that the au- EQUIPMENT TO EAST TIMOR tity, or canton is necessary only to complete the thorities of that country, entity, or canton have SEC. 571. In any agreement for the sale, trans- project; apprehended and transferred to the Tribunal all fer, or licensing of any lethal equipment or heli- (D) small-scale assistance projects or activities persons who have been publicly indicted by the copter for Indonesia entered into by the United requested by U.S. armed forces that promote Tribunal. States pursuant to the authority of this Act or good relations between such forces and the offi- (g) DEFINITIONS.—As used in this section— any other Act, the agreement shall state that cials and citizens of the areas in the U.S. SFOR (1) COUNTRY.—The term ‘‘country’’ means the United States expects that the items will not sector of Bosnia; Bosnia-Herzegovina, Croatia, and Serbia- be used in East Timor: Provided, That nothing (E) implementation of the Brcko Arbitral Deci- Montenegro (Federal Republic of Yugoslavia). (2) ENTITY.—The term ‘‘entity’’ refers to the in this section shall be construed to limit Indo- sion; (F) lending by the international financial in- Federation of Bosnia and Herzegovina and the nesia’s inherent right to legitimate national self- stitutions to a country or entity to support com- Republika Srpska. defense as recognized under the United Nations mon monetary and fiscal policies at the national (3) CANTON.—The term ‘‘canton’’ means the Charter and international law. level as contemplated by the Dayton Agreement; administrative units in Bosnia and Herzegovina. TRANSPARENCY OF BUDGETS or (4) DAYTON AGREEMENT.—The term ‘‘Dayton SEC. 572. Section 576(a)(1) of the Foreign Op- (G) direct lending to a non-sanctioned entity, Agreement’’ means the General Framework erations, Export Financing, and Related Pro- or lending passed on by the national govern- Agreement for Peace in Bosnia and grams Appropriations Act, 1997, as contained in ment to a non-sanctioned entity. Herzegovina, together with annexes relating Public Law 104–208, is amended to read as fol- (2) FURTHER LIMITATIONS.—Notwithstanding thereto, done at Dayton, November 10 through lows: paragraph (1)— 16, 1995. ‘‘(1) does not have in place a functioning sys- (A) no assistance may be made available by (5) TRIBUNAL.—The term ‘‘Tribunal’’ means tem for reporting to civilian authorities audits of this Act, or any prior Act making appropria- the International Criminal Tribunal for the receipts and expenditures that fund activities of tions for foreign operations, export financing Former Yugoslavia. the armed forces and security forces;’’. and related programs, in any country, entity, or (h) ROLE OF HUMAN RIGHTS ORGANIZATIONS Section 576(a)(2) of the Foreign Operations, canton described in subsection (d), for a pro- AND GOVERNMENT AGENCIES.—In carrying out Export Financing, and Related Programs Ap- gram, project, or activity in which a publicly in- this subsection, the Secretary of State, the Ad- propriations Act, 1997, as contained in Public dicted war criminal is known to have any finan- ministrator of the Agency for International De- Law 104–208, is amended to read as follows: cial or material interest; and velopment, and the executive directors of the ‘‘(2) has not provided to the institution infor- (B) no assistance (other than emergency foods international financial institutions shall consult mation about the audit process requested by the or medical assistance or demining assistance) with representatives of human rights organiza- institution.’’. may be made available by this Act, or any prior tions and all government agencies with relevant RESTRICTIONS ON ASSISTANCE TO COUNTRIES PRO- Act making appropriations for foreign oper- information to help prevent publicly indicted VIDING SANCTUARY TO INDICTED WAR CRIMI- ations, export financing and related programs war criminals from benefitting from any finan- NALS for any program, project, or activity in a com- cial or technical assistance or grants provided to SEC. 573. (a) BILATERAL ASSISTANCE.—None of munity within any country, entity or canton de- any country or entity described in subsection the funds made available by this or any prior scribed in subsection (d) if competent authorities (d). Act making appropriations for foreign oper- within that community are not complying with EXTENSION OF CERTAIN ADJUDICATION ations, export financing and related programs, the provisions of Article IX and Annex 4, Article PROVISIONS may be provided for any country, entity or can- II, paragraph 8 of the Dayton Agreement relat- SEC. 574. The Foreign Operations, Export Fi- ton described in subsection (d). ing to war crimes and the Tribunal. nancing, and Related Programs Appropriations (b) MULTILATERAL ASSISTANCE.— (d) SANCTIONED COUNTRY, ENTITY, OR CAN- Act, 1990 (Public Law 101–167) is amended— (1) PROHIBITION.—The Secretary of the Treas- TON.—A sanctioned country, entity, or canton (1) in section 599D (8 U.S.C. 1157 note)— ury shall instruct the United States executive described in this section is one whose competent (A) in subsection (b)(3), by striking ‘‘and directors of the international financial institu- authorities have failed, as determined by the 1997’’ and inserting ‘‘1997, and 1998’’; and tions to work in opposition to, and vote against, Secretary of State, to take necessary and signifi- (B) in subsection (e), by striking ‘‘October 1, any extension by such institutions of any finan- cant steps to apprehend and transfer to the Tri- 1997’’ each place it appears and inserting ‘‘Octo- cial or technical assistance or grants of any bunal all persons who have been publicly in- ber 1, 1998’’; and kind to any country or entity described in sub- dicted by the Tribunal. (2) in section 599E (8 U.S.C. 1255 note) in sub- section (d). (e) WAIVER.— section (b)(2), by striking ‘‘September 30, 1997’’ (2) NOTIFICATION.—Not less than 15 days be- (1) IN GENERAL.—The Secretary of State may and inserting ‘‘September 30, 1998’’. fore any vote in an international financial insti- waive the application of subsection (a) or sub- ADDITIONAL REQUIREMENTS RELATING TO STOCK- tution regarding the extension of financial or section (b) with respect to specified bilateral PILING OF DEFENSE ARTICLES FOR FOREIGN technical assistance or grants to any country or programs or international financial institution COUNTRIES entity described in subsection (d), the Secretary projects or programs in a sanctioned country, SEC. 575. (a) VALUE OF ADDITIONS TO STOCK- of the Treasury, in consultation with the Sec- entity, or canton upon providing a written de- PILES.—Section 514(b)(2)(A) of the Foreign As- retary of State, shall provide to the Committee termination to the Committee on Appropriations sistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is on Appropriations and the Committee on For- and the Committee on Foreign Relations of the amended by inserting before the period at the eign Relations of the Senate and the Committee Senate and the Committeee on Appropriations end the following: ‘‘and $60,000,000 for fiscal on Appropriations and the Committee on Bank- and the Committee on International Relations of year 1998’’. ing and Financial Services of the House of Rep- the House of Representatives that such assist- (b) REQUIREMENTS RELATING TO THE REPUBLIC resentatives a written justification for the pro- ance directly supports the implementation of the OF KOREA AND THAILAND.—Section 514(b)(2)(B) posed assistance, including an explanation of Dayton Agreement and its Annexes, which in- of such Act (22 U.S.C. 2321h(b)(2)(B)) is amend- the U.S. position regarding any such vote, as clude the obligation to apprehend and transfer ed by adding at the end the following: ‘‘Of the well as a description of the location of the pro- indicted war criminals to the Tribunal. amount specified in subparagraph (A) for fiscal posed assistance by municipality, its purpose, (2) REPORT.—Not later than 15 days after the year 1998, not more than $40,000,000 may be and its intended beneficiaries. date of any written determination under para- made available for stockpiles in the Republic of (3) DEFINITION.—The term ‘‘international fi- graph (e)(1), the Secretary of State shall submit Korea and not more than $20,000,000 may be nancial institution’’ includes the International a report to the Committee on Appropriations made available for stockpiles in Thailand.’’. Monetary Fund, the International Bank for Re- and the Committee on Foreign Relations of the DELIVERY OF DRAWDOWN BY COMMERCIAL construction and Development, the Inter- Senate and the Committee on Appropriations TRANSPORTATION SERVICES national Development Association, the Inter- and the Committee on International Relations of SEC. 576. Section 506 of the Foreign Assistance national Finance Corporation, the Multilateral the House of Representatives regarding the sta- Act of 1961 (22 U.S.C. 2318) is amended— Investment Guaranty Agency, and the Euro- tus of efforts to secure the voluntary surrender (1) in subsection (b)(2), by striking the period pean Bank for Reconstruction and Develop- or apprehension and transfer of persons in- and inserting the following: ‘‘, including provid- ment. dicted by the Tribunal, in accordance with the ing the Congress with a report detailing all de- (c) EXCEPTIONS.— Dayton Agreement, and outlining obstacles to fense articles, defense services, and military (1) IN GENERAL.—Subject to paragraph (2), achieving this goal. education and training delivered to the recipient subsections (a) and (b) shall not apply to the (3) ASSISTANCE PROGRAMS AND PROJECTS AF- country or international organization upon de- provision of— FECTED.—Any waiver made pursuant to this livery of such articles or upon completion of H10728 CONGRESSIONAL RECORD — HOUSE November 12, 1997 such services or education and training. Such to support the economic and political independ- (b) Section 10(e) of such Act (12 U.S.C. 635i– report shall also include whether any savings ence of the countries of the South Caucasus and 3(3)) is amended by striking the first sentence were realized by utilizing commercial transport Central Asia. and inserting the following: ‘‘There are author- services rather than acquiring those services (b) GENERAL.—The policy of the United States ized to be appropriated to the Fund such sums from United States Government transport as- in the countries of the South Caucasus and as may be necessary to carry out the purposes of sets.’’; Central Asia should be— this section.’’. (2) by redesignating subsection (c) as sub- (1) to promote sovereignty and independence WITHHOLDING ASSISTANCE TO COUNTRIES VIOLAT- section (d); and with democratic government; ING UNITED NATIONS SANCTIONS AGAINST LIBYA (3) by inserting after subsection (b) the follow- (2) to assist actively in the resolution of re- SEC. 582. (a) WITHHOLDING OF ASSISTANCE.— ing: gional conflicts; Except as provided in subsection (b), whenever ‘‘(c) For the purposes of any provision of law (3) to promote friendly relations and economic the President determines and certifies to Con- that authorizes the drawdown of defense or cooperation; gress that the government of any country is vio- other articles or commodities, or defense or other (4) to help promote market-oriented principles lating any sanction against Libya imposed pur- services from an agency of the United States and practices; suant to United Nations Security Council Reso- Government, such drawdown may include the (5) to assist in the development of infrastruc- lution 731, 748, or 883, then not less than 5 per- supply of commercial transportation and related ture necessary for communications, transpor- cent of the funds allocated for the country services that are acquired by contract for the tation, and energy and trade on an East-West under section 653(a) of the Foreign Assistance purposes of the drawdown in question if the cost axis in order to build strong international rela- Act of 1961 out of appropriations in this Act to acquire such commercial transportation and tions and commerce between those countries and shall be withheld from obligation and expendi- related services is less than the cost to the Unit- the stable, democratic, and market-oriented ture for that country. ed States Government of providing such services countries of the Euro-Atlantic Community; and (b) EXCEPTION.—The requirement to withhold from existing agency assets.’’. (6) to support United States business interests funds under subsection (a) shall not apply to TO PROHIBIT FOREIGN ASSISTANCE TO THE GOV- and investments in the region. funds appropriated in this Act for allocation ERNMENT OF RUSSIA SHOULD IT IMPLEMENT (c) DEFINITION.—In this section, the term under section 653(a) of the Foreign Assistance LAWS WHICH WOULD DISCRIMINATE AGAINST MI- ‘‘countries of the South Caucasus and Central Act of 1961 for development assistance or for hu- NORITY RELIGIOUS FAITHS IN THE RUSSIAN FED- Asia’’ means Armenia, Azerbaijan, Georgia, manitarian assistance. ERATION Kazakstan, Kyrgystan, Tajikistan, (c) WAIVER.—Funds may be provided for a SEC. 577. (a) None of the funds appropriated Turkmenistan, and Uzbekistan. country without regard to subsection (a) if the under this Act may be made available for the PAKISTAN President determines that to do so is in the na- Government of the Russian Federation unless SEC. 579. (a) OPIC.—Section 239(f) of the For- tional security interest of the United States. within 30 days of the date this section becomes eign Assistance Act of 1961 (22 U.S.C. 2199(f)) is WAR CRIMES PROSECUTION effective the President determines and certifies amended by inserting ‘‘, or Pakistan’’ after SEC. 583. Section 2401 of title 18, United States in writing to the Committees on Appropriations ‘‘China’’. Code (Public Law 104–192; the War Crimes Act and the Committee on Foreign Relations of the (b) TRADE AND DEVELOPMENT.—It is the sense of 1996) is amended as follows— Senate and the Committee on International Re- of Congress that the Director of the Trade and (1) in subsection (a), by striking ‘‘grave lations of the House of Representatives that the Development Agency should use funds made breach of the Geneva Conventions’’ and insert- Government of the Russian Federation has im- available to carry out the provisions of section ing ‘‘war crime’’; plemented no statute, executive order, regula- 661 of the Foreign Assistance Act of 1961 (22 (2) in subsection (b), by striking ‘‘breach’’ tion or similar government action that would U.S.C. 2421) to promote United States exports to each place it appears and inserting ‘‘war discriminate, or would have as its principal ef- Pakistan. crime’’; and fect discrimination, against religious groups or REQUIREMENTS FOR THE REPORTING TO CONGRESS (3) so that subsection (c) reads as follows: religious communities in the Russian Federation OF THE COSTS TO THE FEDERAL GOVERNMENT ‘‘(c) DEFINITION.—As used in this section the in violation of accepted international agree- ASSOCIATED WITH THE PROPOSED AGREEMENT term ‘war crime’ means any conduct— ments on human rights and religious freedoms TO REDUCE GREENHOUSE GAS EMISSIONS ‘‘(1) defined as a grave breach in any of the to which the Russian Federation is a party. SEC. 580. The President shall provide to the international conventions signed at Geneva 12 (b) This section shall become effective one Congress a detailed account of all Federal agen- August 1949, or any protocol to such convention hundred fifty days after the enactment of this cy obligations and expenditures for climate to which the United States is a party; Act. change programs and activities, domestic and ‘‘(2) prohibited by Articles 23, 25, 27, or 28 of U.S. POLICY REGARDING SUPPORT FOR COUNTRIES international, for fiscal year 1997, planned obli- the Annex to the Hague Convention IV, Re- OF THE SOUTH CAUCASUS AND CENTRAL ASIA gations for such activities in fiscal year 1998, specting the Laws and Customs of War on SEC. 578. (a) FINDINGS.—Congress makes the and any plan for programs thereafter in the Land, signed 18 October 1907; following findings: context of negotiations to amend the Framework ‘‘(3) which constitutes a violation of common (1) The ancient Silk Road, once the economic Convention on Climate Change (FCCC) to be Article 3 of the international conventions signed lifeline of Central Asia and the South Caucasus, provided to the appropriate congressional com- at Geneva 12 August 1949, or any protocol to traversed much of the territory now within the mittees no later than November 15, 1997. such convention to which the United States is a countries of Armenia, Azerbaijan, Georgia, party and which deals with non-international Kazakstan, Kyrgyzstan, Tajikistan, AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING armed conflict; or Turkmenistan, and Uzbekistan. ‘‘(4) of a person who, in relation to an armed (2) Economic interdependence spurred mutual SEC. 581. (a) IN GENERAL.—Section 235(a) of conflict and contrary to the provisions of the cooperation among the peoples along the Silk the Foreign Assistance Act of 1961 (22 U.S.C. Protocol on Prohibitions or Restrictions on the Road and restoration of the historic relation- 2195(a)) is amended— Use of Mines, Booby-Traps and Other Devices ships and economic ties between those peoples is (1) by striking paragraphs (1) and (2)(A) and as amended at Geneva on 3 May 1996 (Protocol an important element of ensuring their sov- inserting the following: II as amended on 3 May 1996), when the United ereignty as well as the success of democratic and ‘‘(1) INSURANCE AND FINANCING.—(A) The max- States is a party to such Protocol, willfully kills market reforms. imum contingent liability outstanding at any or causes serious injury to civilians.’’. (3) The development of strong political and one time pursuant to insurance issued under economic ties between countries of the South section 234(a), and the amount of financing is- INTERNATIONAL MILITARY EDUCATION AND Caucasus and Central Asia and the West will sued under sections 234 (b) and (c), shall not ex- TRAINING PROGRAMS FOR LATIN AMERICA foster stability in the region. ceed in the aggregate $29,000,000,000.’’; SEC. 584. (a) EXPANDED IMET.—The Secretary (4) The development of open market economies (2) by redesignating paragraph (3) as para- of Defense, in consultation with the Secretary of and open democratic systems in the countries of graph (2); and State, should make every effort to ensure that the South Caucasus and Central Asia will pro- (3) by amending paragraph (2) (as so redesig- approximately 30 percent of the funds appro- vide positive incentives for international private nated) by striking ‘‘September 30, 1997’’ and in- priated in this Act for ‘‘International Military investment, increased trade, and other forms of serting ‘‘September 30, 1999’’. Education and Training’’ for the cost of Latin commercial interactions with the rest of the (b) CONFORMING AMENDMENT.—Paragraph (2) American participants in IMET programs will be world. of section 235(a) of that Act (22 U.S.C. 2195(a)), disbursed for the purpose of supporting enroll- (5) The Caspian Sea Basin, overlapping the as redesignated by subsection (a), is further ment of such participants in expanded IMET territory of the countries of the South Caucasus amended by striking ‘‘(a) and (b)’’ and inserting courses. and Central Asia, contains proven oil and gas ‘‘(a), (b), and (c)’’. (b) CIVILIAN PARTICIPATION.—The Secretary reserves that may exceed $4,000,000,000,000 in (c) EXTENSION OF AUTHORITY.—Section 7 of of State, in consultation with the Secretary of value. the Export-Import Bank Act of 1945 (12 U.S.C. Defense, should identify sufficient numbers of (6) The region of the South Caucasus and 635f) is amended by striking ‘‘October 23, 1997’’ qualified, non-military personnel from countries Central Asia will produce oil and gas in suffi- and inserting ‘‘September 30, 1998’’. in Latin America so that approximately 25 per- cient quantities to reduce the dependence of the (d) TIED AID CREDIT FUND AUTHORITY.— cent of the total number of individuals from United States on energy from the volatile Per- (a) Section 10(c)(2) of the Export-Import Bank Latin American countries attending United sian Gulf region. Act of 1945 (12 U.S.C. 635i 3(c)(2)) is amended by States supported IMET programs and the Center (7) United States foreign policy and inter- striking ‘‘through’’ and all that follows through for Hemispheric Defense Studies at the National national assistance should be narrowly targeted ‘‘1997’’. Defense University are civilians. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10729

(c) REPORT.—Not later than twelve months ‘‘(3) Nothing in paragraph (2) shall preclude tions or to assistance provided directly to the after the date of enactment of this Act, the Sec- payment for services performed before the date government of a country. retary of Defense, in consultation with the Sec- of enactment of this subsection nor for arrange- (b) LOBBYING ACTIVITIES.—(1) Notwithstand- retary of State, shall report in writing to the ap- ments approved by the grantor and notified in ing section 614 of the Foreign Assistance Act of propriate committees of the Congress on the writing to the Committees on Appropriations.’’. 1961 or any other provision of law, no funds ap- progress made to improve military training of CAMBODIA propriated to the Agency for International De- Latin American participants in the areas of SEC. 589. The Secretary of the Treasury velopment for population planning activities or human rights and civilian control of the mili- should instruct the United States Executive Di- other population assistance for fiscal years 1998 tary. The Secretary shall include in the report rectors of the international financial institu- and 1999 may be made available for any foreign plans for implementing additional expanded tions to use the voice and vote of the United private, nongovernmental, or multilateral orga- IMET programs for Latin America during the States to oppose loans to the Government of nization until the organization certifies that it next three fiscal years. Cambodia, except loans to support basic human will not, during the period for which the funds AID TO THE GOVERNMENT OF THE DEMOCRATIC needs. are made available, violate the laws of any for- REPUBLIC OF CONGO EXPORT FINANCING TRANSFER AUTHORITIES eign country concerning the circumstances SEC. 585. None of the funds appropriated or SEC. 590. Not to exceed 5 percent of any ap- under which abortion is permitted, regulated, or otherwise made available by this Act may be propriation other than for administrative ex- prohibited, or engage in any activity or effort to provided to the central Government of the penses made available for fiscal year 1998 for alter the laws or governmental policies of any Democratic Republic of Congo until such time as programs under title I of this Act may be trans- foreign country concerning the circumstances the President reports in writing to the Congress ferred between such appropriations for use for under which abortion is permitted, regulated, or that the central Government of the Democratic any of the purposes, programs and activities for prohibited. Republic of Congo is cooperating fully with in- which the funds in such receiving account may (2) Paragraph (1) of this subsection shall not vestigators from the United Nations in account- be used, but no such appropriation, except as apply to activities in opposition to coercive ing for human rights violations committed in the otherwise specifically provided, shall be in- abortion or involuntary sterilization. Democratic Republic of Congo or adjacent coun- creased by more than 25 percent by any such (c) APPLICATION TO FOREIGN ORGANIZA- tries. transfer: Provided, That the exercise of such au- TIONS.—The restrictions in this section apply to ASSISTANCE FOR THE MIDDLE EAST thority shall be subject to the regular notifica- funds made available to a foreign organization either directly or as a subcontractor or sub- SEC. 586. Of the funds appropriated by this tion procedures of the Committees on Appropria- Act under the headings ‘‘Economic Support tions. grantee, and the certifications required in sub- sections (a) and (b) apply to activities in which Fund’’, ‘‘Foreign Military Financing’’, ‘‘Inter- DEVELOPMENT CREDIT AUTHORITY the organization engages either directly or national Military Education and Training’’, SEC. 591. For the cost, as defined in section through a subcontractor or subgrantee. ‘‘Peacekeeping Operations’’, for refugees reset- 502 of the Congressional Budget Act of 1974, of (d) For each of fiscal years 1998 and 1999, the tling in Israel under the heading ‘‘Migration direct loans and loan guarantees in support of President may waive the restrictions in sub- and Refugee Assistance’’, and for assistance for the development objectives of the Foreign Assist- sections (a) and (b): Provided, That if the Presi- Israel to carry out provisions of chapter 8 of ance Act of 1961 (FAA), up to $7,500,000, which dent waives the restriction in either subsection part II of the Foreign Assistance Act of 1961 amount may be derived by transfer from funds (a) or (b), not to exceed $410,000,000 may be under the heading ‘‘Nonproliferation, Anti-Ter- appropriated by this Act to carry out part I of made available for population planning activi- rorism, Demining, and Related Programs’’, not the Foreign Assistance Act of 1961 and funds ties or other population assistance: Provide fur- more than a total of $5,402,850,000 may be made appropriated by this Act under the heading ther, That if the President waives the restric- available for Israel, Egypt, Jordan, Lebanon, ‘‘Assistance for Eastern Europe and the Baltic tions in both subsections (a) and (b), not to ex- the West Bank and Gaza, the Israel-Lebanon States’’, to remain available until expended: ceed $385,000,000 may be made available for pop- Monitoring Group, the Multinational Force and Provided, That up to $500,000 of the funds ap- ulation planning activities or other population Observers, the Middle East Regional Democracy propriated by this Act under the heading ‘‘Op- assistance. Fund, Middle East Regional Cooperation, and erating Expenses of the Agency for Inter- Middle East Multilateral Working Groups: Pro- national Development’’ may be made available INTERNATIONAL MONETARY PROGRAMS vided, That any funds that were appropriated for administrative expenses to carry out such LOANS TO INTERNATIONAL MONETARY FUND under such headings in prior fiscal years and programs: Provided further, That the provisions SEC. 593. For loans to the International Mone- that were at the time of enactment of this Act of section 107A(d) (relating to general provisions tary Fund under the New Arrangements to Bor- obligated or allocated for other recipients may applicable to development credit authority) of row, the dollar equivalent of 2,462,000,000 Spe- not during fiscal year 1998 be made available for the Foreign Assistance Act of 1961, as added by cial Drawing Rights, to remain available until activities that, if funded under this Act, would section 306 of H.R. 1486 as reported by the House expended; in addition, up to the dollar equiva- be required to count against this ceiling: Pro- Committee on International Relations on May 9, lent of 4,250,000,000 Special Drawing Rights pre- vided further, That funds may be made avail- 1997, shall be applicable to direct loans and loan viously appropriated by the Act of November 30, able notwithstanding the requirements of this guarantees provided under this paragraph: Pro- 1983 (Public Law 98–181), and the Act of October section if the President determines and certifies vided further, That direct loans or loan guaran- 23, 1962 (Public Law 87–872), for the General Ar- to the Committees on Appropriations that it is tees under this paragraph may not be provided rangements to Borrow, may also be used for the important to the national security interest of the until the Director of the Office of Management New Arrangements to Borrow. United States to do so and any such additional and Budget has certified to the Committees on Section 17 of the Bretton Woods Agreements funds shall only be provided through the regu- Appropriations that the Agency for Inter- Act, as amended (22 U.S.C. 286e–2 et seq.) is lar notification procedures of the Committees on national Development has established a credit amended as follows— Appropriations. management system capable of effectively man- (1) Section 17(a) is amended by striking ‘‘and AGRICULTURE aging the credit programs funded under this February 24, 1983’’ and inserting instead ‘‘Feb- SEC. 587. The first proviso of subsection (k) heading, including that such system (1) can pro- ruary 24, 1983, and January 27, 1997’’; and by under the heading ‘‘Assistance for the New vide accurate and timely provision of loan and striking ‘‘4,250,000,000’’ and inserting instead Independent States of the Former Soviet Union’’ loan guarantee data, (2) contains information ‘‘6,712,000,000’’. in the Foreign Operations, Export Financing, control systems for loan and loan guarantee (2) Section 17(b) is amended by striking and Related Programs Appropriations Act, 1997, data, (3) is adequately staffed, and (4) contains ‘‘4,250,000,000’’ and inserting instead as contained in Public Law 104–208, is amended appropriate review and monitoring procedures. ‘‘6,712,000,000’’. (3) Section 17(d) is amended by inserting ‘‘or by striking ‘‘not less than’’ and inserting in lieu FOREIGN ORGANIZATIONS THAT PERFORM OR the Decision of January 27, 1997,’’ after ‘‘Feb- thereof ‘‘up to’’. PROMOTE ABORTION OVERSEAS ruary 24, 1983,’’; and by inserting ‘‘or the New ENTERPRISE FUND RESTRICTIONS SEC. 592. (a) PERFORMANCE OF ABORTIONS.— Arrangements to Borrow, as applicable’’ before SEC. 588. Section 201(l) of the Support for East (1) Notwithstanding section 614 of the Foreign the period at the end. European Democracy Act (22 U.S.C. 5421(l)) is Assistance Act of 1961 or any other provision of law, no funds appropriated to the Agency for This division may be cited as the ‘‘Foreign amended to read as follows: Operations, Export Financing, and Related Pro- ‘‘(l) LIMITATION ON PAYMENTS TO ENTERPRISE International Development for population plan- grams Appropriations Act, 1998’’. FUND PERSONNEL.— ning activities or other population assistance for ‘‘(1) No part of the funds of an Enterprise fiscal years 1998 and 1999 may be made available DIVISION D—FOREIGN AFFAIRS REFORM Fund shall inure to the benefit of any board for any foreign private, nongovernmental, or AND RESTRUCTURING ACT OF 1997 member, officer, or employee of such Enterprise multilateral organization until the organization SEC. 1001. SHORT TITLE. Fund, except as salary or reasonable compensa- certifies that it will not, during the period for This division may be cited as the ‘‘Foreign Af- tion for services subject to paragraph (2). which the funds are made available, perform fairs Reform and Restructuring Act of 1997’’. ‘‘(2) An Enterprise Fund shall not pay com- abortions in any foreign country, except where SEC. 1002. ORGANIZATION OF DIVISION INTO pensation for services to— the life of the mother would be endangered if SUBDIVISIONS; TABLE OF CON- ‘‘(A) any board member of the Enterprise the pregnancy were carried to term or in cases TENTS. Fund, except for services as a board member; or of forcible rape or incest. (a) SUBDIVISIONS.—This division is organized ‘‘(B) any firm, association, or entity in which (2) Paragraph (1) of this subsection may not into three subdivisions as follows: a board member of the Enterprise Fund serves as be construed to apply to the treatment of inju- (1) SUBDIVISION 1.—Foreign Affairs Agencies partner, director, officer, or employee. ries or illnesses caused by legal or illegal abor- Consolidation Act of 1997. H10730 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(2) SUBDIVISION 2.—Foreign Relations Author- Sec. 1412. Transfer of functions and authori- CHAPTER 2—CONSULAR AUTHORITIES OF THE ization Act, Fiscal Years 1998 and 1999. ties. DEPARTMENT OF STATE (3) SUBDIVISION 3.—United Nations Reform Sec. 1413. Status of AID. Sec. 2221. Use of certain passport processing Act of 1997. CHAPTER 3—CONFORMING AMENDMENTS fees for enhanced passport serv- (b) TABLE OF CONTENTS.—The table of con- Sec. 1421. References. ices. tents for this division is as follows: Sec. 1422. Conforming amendments. Sec. 2222. Surcharge for processing certain ma- Sec. 1001. Short title. chine readable visas. Sec. 1002. Organization of division into subdivi- TITLE XV—AGENCY FOR INTERNATIONAL DEVELOPMENT Sec. 2223. Consular officers. sions; table of contents. Sec. 2224. Repeal of outdated consular receipt CHAPTER 1—GENERAL PROVISIONS SUBDIVISION 1—CONSOLIDATION OF FOREIGN requirements. AFFAIRS AGENCIES Sec. 1501. Effective date. Sec. 2225. Elimination of duplicate Federal Reg- TITLE XI—GENERAL PROVISIONS CHAPTER 2—REORGANIZATION AND TRANSFER OF ister publication for travel Sec. 1101. Short title. FUNCTIONS advisories. Sec. 1102. Purposes. Sec. 1511. Reorganization of Agency for Inter- Sec. 2226. Denial of visas to confiscators of Sec. 1103. Definitions. national Development. American property. Sec. 1104. Report on budgetary cost savings re- CHAPTER 3—AUTHORITIES OF THE SECRETARY OF Sec. 2227. Inadmissibility of any alien support- sulting from reorganization. STATE ing an international child abduc- TITLE XII—UNITED STATES ARMS Sec. 1521. Definition of United States assist- tor. CONTROL AND DISARMAMENT AGENCY ance. Sec. 2228. Haiti; exclusion of certain aliens; re- CHAPTER 1—GENERAL PROVISIONS Sec. 1522. Administrator of AID reporting to the porting requirements. Sec. 1201. Effective date. Secretary of State. CHAPTER 3—REFUGEES AND MIGRATION CHAPTER 2—ABOLITION AND TRANSFER OF Sec. 1523. Assistance programs coordination SUBCHAPTER A—AUTHORIZATION OF FUNCTIONS and oversight. APPROPRIATIONS Sec. 1211. Abolition of United States Arms Con- TITLE XVI—TRANSITION Sec. 2231. Migration and refugee assistance. trol and Disarmament Agency. CHAPTER 1—REORGANIZATION PLAN SUBCHAPTER B—AUTHORITIES Sec. 1212. Transfer of functions to Secretary of Sec. 1601. Reorganization plan and report. Sec. 2241. United States policy regarding the in- State. CHAPTER 2—REORGANIZATION AUTHORITY voluntary return of refugees. Sec. 1213. Under Secretary for Arms Control Sec. 2242. United States policy with respect to and International Security. Sec. 1611. Reorganization authority. Sec. 1612. Transfer and allocation of appropria- the involuntary return of persons CHAPTER 3—CONFORMING AMENDMENTS tions. in danger of subjection to torture. Sec. 1221. References. Sec. 1613. Transfer, appointment, and assign- Sec. 2243. Reprogramming of migration and ref- Sec. 1222. Repeals. ugee assistance funds. Sec. 1223. Amendments to the Arms Control and ment of personnel. Sec. 1614. Incidental transfers. Sec. 2244. Eligibility for refugee status. Disarmament Act. Sec. 1615. Savings provisions. Sec. 2245. Reports to Congress concerning Sec. 1224. Compensation of officers. Cuban emigration policies. Sec. 1225. Additional conforming amendments. Sec. 1616. Authority of Secretary of State to fa- cilitate transition. TITLE XXIII—ORGANIZATION OF THE DE- TITLE XIII—UNITED STATES Sec. 1617. Final report. PARTMENT OF STATE; DEPARTMENT OF INFORMATION AGENCY SUBDIVISION 2—FOREIGN RELATIONS STATE PERSONNEL; THE FOREIGN SERV- CHAPTER 1—GENERAL PROVISIONS AUTHORIZATION ICE Sec. 1301. Effective date. TITLE XX—GENERAL PROVISIONS CHAPTER 1—ORGANIZATION OF THE DEPARTMENT CHAPTER 2—ABOLITION AND TRANSFER OF Sec. 2001. Short title. OF STATE FUNCTIONS Sec. 2002. Definition of appropriate congres- Sec. 2301. Coordinator for Counterterrorism. Sec. 1311. Abolition of United States Informa- sional committees. Sec. 2302. Elimination of Deputy Assistant Sec- tion Agency. retary of State for Burdensharing. Sec. 1312. Transfer of functions. TITLE XXI—AUTHORIZATION OF APPRO- Sec. 1313. Under Secretary of State for Public PRIATIONS FOR DEPARTMENT OF STATE Sec. 2303. Personnel management. Diplomacy. Sec. 2101. Administration of foreign affairs. Sec. 2304. Diplomatic security. Sec. 1314. Abolition of Office of Inspector Gen- Sec. 2102. International commissions. Sec. 2305. Number of senior official positions eral of United States Information Sec. 2103. Grants to The Asia Foundation. authorized for the Department of Agency and transfer of functions. TITLE XXII—DEPARTMENT OF STATE State. Sec. 2306. Nomination of Under Secretaries and CHAPTER 3—INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES Assistant Secretaries of State. Sec. 1321. Congressional findings and declara- CHAPTER 1—AUTHORITIES AND ACTIVITIES CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF tion of purpose. Sec. 2201. Reimbursement of Department of STATE; THE FOREIGN SERVICE Sec. 1322. Continued existence of Broadcasting State for assistance to overseas Board of Governors. educational facilities. Sec. 2311. Foreign Service reform. Sec. 1323. Conforming amendments to the Unit- Sec. 2202. Revision of Department of State re- Sec. 2312. Retirement benefits for involuntary ed States International Broad- wards program. separation. casting Act of 1994. Sec. 2203. Retention of additional defense trade Sec. 2313. Authority of Secretary to separate Sec. 1324. Amendments to the Radio Broadcast- controls registration fees. convicted felons from the Foreign ing to Cuba Act. Sec. 2204. Fees for commercial services. Service. Sec. 1325. Amendments to the Television Broad- Sec. 2205. Pilot program for foreign affairs reim- Sec. 2314. Career counseling. casting to Cuba Act. bursement. Sec. 2315. Limitations on management assign- Sec. 1326. Transfer of broadcasting related Sec. 2206. Fee for use of diplomatic reception ments. funds, property, and personnel. rooms. Sec. 2316. Availability pay for certain criminal Sec. 1327. Savings provisions. Sec. 2207. Accounting of collections in budget investigators within the Diplo- Sec. 1328. Report on the privatization of RFE/ presentation documents. matic Security Service. RL, Incorporated. Sec. 2208. Office of the Inspector General. Sec. 2317. Nonovertime differential pay. CHAPTER 4—CONFORMING AMENDMENTS Sec. 2209. Capital Investment Fund. Sec. 2318. Report concerning minorities and the Sec. 1331. References. Sec. 2210. Contracting for local guards services Foreign Service. Sec. 1332. Amendments to title 5, United States overseas. TITLE XXIV—UNITED STATES INFORMA- Code. Sec. 2211. Authority of the Foreign Claims Set- TIONAL, EDUCATIONAL, AND CULTURAL Sec. 1333. Application of certain laws. tlement Commission. Sec. 1334. Abolition of United States Advisory Sec. 2212. Expenses relating to certain inter- PROGRAMS Commission on Public Diplomacy. national claims and proceedings. CHAPTER 1—AUTHORIZATION OF Sec. 1335. Conforming amendments. Sec. 2213. Grants to remedy international ab- APPROPRIATIONS Sec. 1336. Repeals. ductions of children. Sec. 2401. International information activities TITLE XIV—UNITED STATES INTER- Sec. 2214. Counterdrug and anticrime activities and educational and cultural ex- NATIONAL DEVELOPMENT COOPERA- of the Department of State. change programs. TION AGENCY Sec. 2215. Annual report on overseas surplus CHAPTER 2—AUTHORITIES AND ACTIVITIES CHAPTER 1—GENERAL PROVISIONS properties. Sec. 2216. Human rights reports. Sec. 2411. Retention of interest. Sec. 1401. Effective date. Sec. 2217. Reports and policy concerning diplo- Sec. 2412. Use of selected program fees. CHAPTER 2—ABOLITION AND TRANSFER OF matic immunity. Sec. 2413. Muskie Fellowship Program. FUNCTIONS Sec. 2218. Reaffirming United States inter- Sec. 2414. Working Group on United States Sec. 1411. Abolition of United States Inter- national telecommunications pol- Government-Sponsored Inter- national Development Coopera- icy. national Exchanges and Train- tion Agency. Sec. 2219. Reduction of reporting. ing. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10731

Sec. 2415. Educational and cultural exchanges TITLE XXXIII—ARREARS PAYMENTS AND (4) APPROPRIATE CONGRESSIONAL COMMIT- and scholarships for Tibetans and REFORM TEES.—The term ‘‘appropriate congressional Burmese. CHAPTER 1—ARREARAGES TO THE UNITED committees’’ means the Committee on Inter- Sec. 2416. United States-Japan Commission. NATIONS national Relations and the Committee on Appro- priations of the House of Representatives and Sec. 2417. Surrogate broadcasting study. SUBCHAPTER A—AUTHORIZATION OF APPROPRIA- the Committee on Foreign Relations and the Sec. 2418. Radio broadcasting to Iran in the TIONS; OBLIGATION AND EXPENDITURE OF Committee on Appropriations of the Senate. Farsi language. FUNDS (5) COVERED AGENCY.—The term ‘‘covered Sec. 2419. Authority to administer summer trav- Sec. 3301. Authorization of appropriations. el and work programs. agency’’ means any of the following agencies: Sec. 3302. Obligation and expenditure of funds. ACDA, USIA, IDCA, and AID. Sec. 2420. Permanent administrative authorities Sec. 3303. Forgiveness of amounts owed by the (6) DEPARTMENT.—The term ‘‘Department’’ regarding appropriations. United Nations to the United means the Department of State. Sec. 2421. Voice of America broadcasts. States. (7) FUNCTION.—The term ‘‘function’’ means TITLE XXV—INTERNATIONAL ORGANIZA- SUBCHAPTER B—UNITED STATES SOVEREIGNTY any duty, obligation, power, authority, respon- TIONS OTHER THAN UNITED NATIONS Sec. 3311. Certification requirements. sibility, right, privilege, activity, or program. Sec. 2501. International conferences and con- SUBCHAPTER C—REFORM OF ASSESSMENTS AND (8) IDCA.—The term ‘‘IDCA’’ means the Unit- tingencies. UNITED NATIONS PEACEKEEPING OPERATIONS ed States International Development Coopera- Sec. 2502. Restriction relating to United States Sec. 3321. Certification requirements. tion Agency. accession to any new inter- SUBCHAPTER D—BUDGET AND PERSONNEL REFORM (9) OFFICE.—The term ‘‘office’’ includes any national criminal tribunal. Sec. 3331. Certification requirements. office, administration, agency, institute, unit, organizational entity, or component thereof. Sec. 2503. United States membership in the Bu- CHAPTER 2—MISCELLANEOUS PROVISIONS (10) SECRETARY.—The term ‘‘Secretary’’ means reau of the Interparliamentary Sec. 3341. Statutory construction on relation to the Secretary of State. Union. existing laws. (11) USIA.—The term ‘‘USIA’’ means the Sec. 2504. Service in international organiza- Sec. 3342. Prohibition on payments relating to United States Information Agency. tions. UNIDO and other international SEC. 1104. REPORT ON BUDGETARY COST SAV- Sec. 2505. Reports regarding foreign travel. organizations from which the INGS RESULTING FROM REORGA- TITLE XXVI—UNITED STATES ARMS United States has withdrawn or NIZATION. CONTROL AND DISARMAMENT AGENCY rescinded funding. The Secretary of State shall submit a report, Sec. 2601. Authorization of appropriations. SUBDIVISION 1—CONSOLIDATION OF together with the congressional presentation Sec. 2602. Statutory construction. FOREIGN AFFAIRS AGENCIES document for the budget of the Department of State for each of the fiscal years 1999, 2000, and TITLE XI—GENERAL PROVISIONS TITLE XXVII—EUROPEAN SECURITY ACT 2001, to the appropriate congressional commit- OF 1997 SEC. 1101. SHORT TITLE. tees describing the total anticipated and Sec. 2701. Short title. This subdivision may be cited as the ‘‘Foreign achieved cost savings in budget outlays and Sec. 2702. Statement of policy. Affairs Agencies Consolidation Act of 1997’’. budget authority related to the reorganization Sec. 2703. Authorities relating to NATO en- SEC. 1102. PURPOSES. implemented under this subdivision, including largement. The purposes of this subdivision are— cost savings by each of the following categories: Sec. 2704. Sense of Congress with respect to the (1) to strengthen— (1) Reductions in personnel. Treaty on Conventional Armed (A) the coordination of United States foreign (2) Administrative consolidation, including Forces in Europe. policy; and procurement. (3) Program consolidation. Sec. 2705. Restrictions and requirements relat- (B) the leading role of the Secretary of State (4) Consolidation of real properties and leases. ing to ballistic missile defense. in the formulation and articulation of United States foreign policy; TITLE XII—UNITED STATES ARMS TITLE XXVIII—MISCELLANEOUS (2) to consolidate and reinvigorate the foreign CONTROL AND DISARMAMENT AGENCY PROVISIONS affairs functions of the United States within the CHAPTER 1—GENERAL PROVISIONS Sec. 2801. Report on relations with Vietnam. Department of State by— Sec. 2802. Reports on determinations under title (A) abolishing the United States Arms Control SEC. 1201. EFFECTIVE DATE. IV of the LIBERTAD Act. and Disarmament Agency, the United States In- This title, and the amendments made by this formation Agency, and the United States Inter- title, shall take effect on the earlier of— SUBDIVISION 3—UNITED NATIONS REFORM national Development Cooperation Agency, and (1) October 1, 1998; or TITLE XXX—GENERAL PROVISIONS transferring the functions of these agencies to (2) the date of abolition of the United States Sec. 3001. Short title. the Department of State while preserving the Arms Control and Disarmament Agency pursu- ant to the reorganization plan described in sec- Sec. 3002. Definitions. special missions and skills of these agencies; tion 1601. Sec. 3003. Nondelegation of certification re- (B) transferring certain functions of the Agen- quirements. cy for International Development to the Depart- CHAPTER 2—ABOLITION AND TRANSFER ment of State; and OF FUNCTIONS TITLE XXXI—AUTHORIZATION OF (C) providing for the reorganization of the De- APPROPRIATIONS SEC. 1211. ABOLITION OF UNITED STATES ARMS partment of State to maximize the efficient use CONTROL AND DISARMAMENT AGEN- Sec. 3101. Contributions to international orga- of resources, which may lead to budget savings, CY. nizations. eliminated redundancy in functions, and im- The United States Arms Control and Disar- Sec. 3102. Contributions for international provement in the management of the Depart- mament Agency is abolished. peacekeeping activities. ment of State; SEC. 1212. TRANSFER OF FUNCTIONS TO SEC- TITLE XXXII—UNITED NATIONS (3) to ensure that programs critical to the pro- RETARY OF STATE. ACTIVITIES motion of United States national interests be There are transferred to the Secretary of State maintained; all functions of the Director of the United States Sec. 3201. United Nations policy on Israel and (4) to assist congressional efforts to balance Arms Control and Disarmament Agency, and all the Palestinians. the Federal budget and reduce the Federal debt; functions of the United States Arms Control and Sec. 3202. Data on costs incurred in support of (5) to ensure that the United States maintains Disarmament Agency and any office or compo- United Nations peacekeeping op- effective representation abroad within budg- nent of such agency, under any statute, reorga- erations. etary restraints; and nization plan, Executive order, or other provi- Sec. 3203. Reimbursement for goods and services (6) to encourage United States foreign affairs sion of law, as of the day before the effective provided by the United States to agencies to maintain a high percentage of the date of this title. the United Nations. best qualified, most competent United States SEC. 1213. UNDER SECRETARY FOR ARMS CON- Sec. 3204. United States policy regarding United citizens serving in the United States Govern- TROL AND INTERNATIONAL SECU- Nations peacekeeping operations. ment. RITY. Sec. 3205. Reform in budget decisionmaking SEC. 1103. DEFINITIONS. Section 1(b) of the State Department Basic procedures of the United Nations In this subdivision: Authorities Act of 1956 (22 U.S.C. 2651(b)) is and its specialized agencies. (1) ACDA.—The term ‘‘ACDA’’ means the amended— Sec. 3206. Continued extension of privileges, ex- United States Arms Control and Disarmament (1) by striking ‘‘There’’ and inserting the fol- emptions, and immunities of the Agency. lowing: International Organizations Im- (2) AID.—The term ‘‘AID’’ means the United ‘‘(1) IN GENERAL.—There’’; and munities Act to UNIDO. States Agency for International Development. (2) by adding at the end the following: Sec. 3207. Sense of the Congress regarding com- (3) AGENCY; FEDERAL AGENCY.—The term ‘‘(2) UNDER SECRETARY FOR ARMS CONTROL pliance with child and spousal ‘‘agency’’ or ‘‘Federal agency’’ means an Execu- AND INTERNATIONAL SECURITY.—There shall be support obligations by United Na- tive agency as defined in section 105 of title 5, in the Department of State, among the Under tions personnel. United States Code. Secretaries authorized by paragraph (1), an H10732 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Under Secretary for Arms Control and Inter- (C) by striking ‘‘insure’’ each place it appears accordance with chapter 51 and with sub- national Security, who shall assist the Secretary and inserting ‘‘ensure’’; chapter III of chapter 53 of such title, relating and the Deputy Secretary in matters related to (D) in the second sentence, by striking ‘‘in ac- to classification and General Schedule pay international security policy, arms control, and cordance with procedures established under sec- rates, except that the Director may, to the ex- nonproliferation. Subject to the direction of the tion 35 of this Act’’; tent the Director determines necessary to the President, the Under Secretary may attend and (E) in the fourth sentence by striking ‘‘The discharge of his responsibilities,’’; participate in meetings of the National Security authority’’ and all that follows through ‘‘disar- (ii) in paragraph (1), by striking ‘‘exception’’ Council in his role as advisor on arms control mament:’’ and inserting the following: ‘‘The au- and inserting ‘‘subsection’’; and and nonproliferation matters.’’. thority of the Secretary under this Act with re- (iii) in paragraph (2)— CHAPTER 3—CONFORMING AMENDMENTS spect to research, development, and other stud- (I) by striking ‘‘exception’’ and inserting ies concerning arms control, nonproliferation, ‘‘subsection’’; and SEC. 1221. REFERENCES. and disarmament shall be limited to participa- (II) by striking ‘‘ceiling’’ and inserting ‘‘posi- Except as otherwise provided in section 1223 tion in the following:’’; and tions allocated to carry out the purpose of this or 1225, any reference in any statute, reorga- (F) in subsection (l), by inserting ‘‘and’’ at Act’’; nization plan, Executive order, regulation, the end; (E) by striking subsection (g); agreement, determination, or other official docu- (7) in section 32 (22 U.S.C. 2572)— (F) by redesignating subsections (h), (i), and ment or proceeding to— (A) by striking ‘‘Director’’ and inserting ‘‘Sec- (j) as subsections (g), (h), and (i), respectively; (1) the Director of the United States Arms retary of State’’; and (G) by amending subsection (f) to read as fol- Control and Disarmament Agency, the Director (B) by striking ‘‘subsection’’ and inserting lows: of the Arms Control and Disarmament Agency, ‘‘section’’; ‘‘(f) establish a scientific and policy advisory or any other officer or employee of the United (8) in section 33(a) (22 U.S.C. 2573(a))— board to advise with and make recommendations States Arms Control and Disarmament Agency (A) by striking ‘‘the Secretary of State,’’; and to the Secretary of State on United States arms or the Arms Control and Disarmament Agency (B) by striking ‘‘Director’’ and inserting ‘‘Sec- control, nonproliferation, and disarmament pol- shall be deemed to refer to the Secretary of retary of State’’; icy and activities. A majority of the board shall State; or (9) in section 34 (22 U.S.C. 2574)— be composed of individuals who have a dem- (2) the United States Arms Control and Disar- (A) in subsection (a)— onstrated knowledge and technical expertise mament Agency or the Arms Control and Disar- (i) in the first sentence, by striking ‘‘Director’’ with respect to arms control, nonproliferation, mament Agency shall be deemed to refer to the and inserting ‘‘Secretary of State’’; and disarmament matters and who have distin- Department of State. (ii) in the first sentence, by striking ‘‘and the guished themselves in any of the fields of phys- SEC. 1222. REPEALS. Secretary of State’’; ics, chemistry, mathematics, biology, or engi- The following sections of the Arms Control (iii) in the first sentence, by inserting ‘‘, non- neering, including weapons engineering. The and Disarmament Act (22 U.S.C. 2551 et seq.) are proliferation,’’ after ‘‘in the fields of arms con- members of the board may receive the compensa- repealed: Sections 21 through 26 (22 U.S.C. 2561– trol’’; tion and reimbursement for expenses specified 2566), section 35 (22 U.S.C. 2575), section 42 (22 (iv) in the first sentence, by striking ‘‘and for consultants by subsection (d) of this sec- U.S.C. 2582), section 43 (22 U.S.C. 2583), sections shall have primary responsibility, whenever di- tion;’’; and 45 through 50 (22 U.S.C. 2585–2593), section 53 rected by the President, for the preparation, (H) in subsection (h) (as redesignated), by (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), conduct, and management of the United States striking ‘‘Deputy Director’’ and inserting and section 63 (22 U.S.C. 2595b). participation in international negotiations and ‘‘Under Secretary for Arms Control and Inter- SEC. 1223. AMENDMENTS TO THE ARMS CONTROL implementation fora in the field of nonprolifera- national Security’’; AND DISARMAMENT ACT. tion’’; (14) in section 44 (22 U.S.C. 2584)— The Arms Control and Disarmament Act (22 (v) in the second sentence, by striking ‘‘sec- (A) by striking ‘‘CONFLICT-OF-INTEREST AND’’; U.S.C. 2551 et seq.) is amended— tion 27’’ and inserting ‘‘section 201’’; and (B) by striking ‘‘The members’’ and all that (1) in section 2 (22 U.S.C. 2551)— (vi) in the second sentence, by striking ‘‘the’’ follows through ‘‘(5 U.S.C. 2263), or any other’’ (A) in the first undesignated paragraph, by after ‘‘serve as’’; and inserting ‘‘Members of advisory boards and striking ‘‘creating a new agency of peace to deal (B) by striking subsection (b); consultants may serve as such without regard to with’’ and inserting ‘‘addressing’’; (C) by redesignating subsection (c) as sub- any’’; and (B) by striking the second undesignated para- section (b); and (C) by inserting at the end the following new graph; and (D) in subsection (b) (as redesignated)— sentence: ‘‘This section shall apply only to indi- (C) in the third undesignated paragraph— (i) in the text above paragraph (1), by striking viduals carrying out activities related to arms (i) by striking ‘‘This organization’’ and insert- ‘‘Director’’ and inserting ‘‘Secretary of State’’; control, nonproliferation, and disarmament.’’; ing ‘‘The Secretary of State’’; (ii) by striking paragraph (1); and (15) in section 51 (22 U.S.C. 2593a)— (ii) by striking ‘‘It shall have’’ and inserting (iii) by redesignating paragraphs (2) and (3) (A) in subsection (a)— ‘‘The Secretary shall have’’; as paragraphs (1) and (2), respectively; (i) in paragraphs (1) and (3), by inserting ‘‘, (iii) by striking ‘‘and the Secretary of State’’; (10) in section 36 (22 U.S.C. 2576)— nonproliferation,’’ after ‘‘arms control’’ each (iv) by inserting ‘‘, nonproliferation,’’ after (A) by striking ‘‘Director’’ each place it ap- place it appears; ‘‘arms control’’ in paragraph (1); pears and inserting ‘‘Secretary of State’’; and (ii) by striking ‘‘Director, in consultation with (v) by striking paragraph (2); (B) by striking ‘‘, in accordance with the pro- the Secretary of State,’’ and inserting ‘‘Sec- (vi) by redesignating paragraphs (3) through cedures established pursuant to section 35 of retary of State with the concurrence of the Di- (5) as paragraphs (2) through (4), respectively; this Act,’’; rector of Central Intelligence and in consulta- and (11) in section 37 (22 U.S.C. 2577)— tion with’’; (vii) by striking ‘‘, as appropriate,’’ in para- (A) by striking ‘‘Director’’ and ‘‘Agency’’ (iii) by striking ‘‘the Chairman of the Joint graph (3) (as redesignated); each place it appears and inserting ‘‘Secretary Chiefs of Staff, and the Director of Central In- (2) in section 3 (22 U.S.C. 2552), by striking of State’’ or ‘‘Department of State’’, respec- telligence’’ and inserting ‘‘and the Chairman of subsection (c); tively; and the Joint Chiefs of Staff’’; (3) in the heading for title II, by striking ‘‘OR- (B) by striking subsection (d); (iv) by striking paragraphs (2) and (4); and GANIZATION’’ and inserting ‘‘SPECIAL REP- (12) in section 38 (22 U.S.C. 2578)— (v) by redesignating paragraphs (3), (5), (6), RESENTATIVES AND VISITING SCHOL- (A) by striking ‘‘Director’’ each place it ap- and (7) as paragraphs (2) through (5), respec- ARS’’; pears and inserting ‘‘Secretary of State’’; and tively; and (4) in section 27 (22 U.S.C. 2567)— (B) by striking subsection (c); (B) by adding at the end of subsection (b) the (A) by striking the third sentence; (13) in section 41 (22 U.S.C. 2581)— following: ‘‘The portions of this report described (B) in the fourth sentence, by striking ‘‘, act- (A) by striking ‘‘In the performance of his in paragraphs (4) and (5) of subsection (a) shall ing through the Director’’; and functions, the Director’’ and inserting ‘‘In addi- summarize in detail, at least in classified an- (C) in the fifth sentence, by striking ‘‘Agen- tion to any authorities otherwise available, the nexes, the information, analysis, and conclu- cy’’ and inserting ‘‘Department of State’’; Secretary of State in the performance of func- sions relevant to possible noncompliance by (5) in section 28 (22 U.S.C. 2568)— tions under this Act’’; other nations that are provided by United States (A) by striking ‘‘Director’’ each place it ap- (B) by striking ‘‘Agency’’, ‘‘Agency’s’’, ‘‘Di- intelligence agencies.’’; pears and inserting ‘‘Secretary of State’’; rector’’, and ‘‘Director’s’’ each place they ap- (16) in section 52 (22 U.S.C. 2593b), by striking (B) in the second sentence— pear and inserting ‘‘Department of State’’, ‘‘De- ‘‘Director’’ and inserting ‘‘Secretary of State’’; (i) by striking ‘‘Agency’’ each place it appears partment of State’s’’, ‘‘Secretary of State’’, or (17) in section 61 (22 U.S.C. 2593a)— and inserting ‘‘Department of State’’; and ‘‘Secretary of State’s’’, as appropriate; (A) in paragraph (1), by striking ‘‘United (ii) by striking ‘‘Agency’s’’ and inserting ‘‘De- (C) in subsection (a), by striking the sentence States Arms Control and Disarmament Agency’’ partment of State’s’’; and that begins ‘‘It is the intent’’; and inserting ‘‘Department of State’’; (C) by striking the fourth sentence; (D) in subsection (b)— (B) by striking paragraph (2); (6) in section 31 (22 U.S.C. 2571)— (i) by striking ‘‘appoint officers and employ- (C) by redesignating paragraphs (3) through (A) by inserting ‘‘this title in’’ after ‘‘powers ees, including attorneys, for the Agency in ac- (7) as paragraphs (2) through (6), respectively; in’’; cordance with the provisions of title 5, United (D) in paragraph (4) (as redesignated), by (B) by striking ‘‘Director’’ each place it ap- States Code, governing appointment in the com- striking ‘‘paragraph (4)’’ and inserting ‘‘para- pears and inserting ‘‘Secretary of State’’; petitive service, and fix their compensation in graph (3)’’; and November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10733 (E) in paragraph (6) (as redesignated), by (B) by striking ‘‘or the Director’’; ergy, Secretary of Defense, or the Commission’’; striking ‘‘United States Arms Control and Disar- (7) in section 71(c) (22 U.S.C. 2797(c)), by and mament Agency and the’’; striking ‘‘with the Director of the United States (ii) by striking ‘‘he may prepare’’ and insert- (18) in section 62 (22 U.S.C. 2595a)— Arms Control and Disarmament Agency,’’; and ing ‘‘the Secretary of State, in consultation with (A) in subsection (c)— (8) in section 73(d) (22 U.S.C. 2797b(d)), by such Secretary or the Commission, shall pre- (i) in the subsection heading, by striking ‘‘DI- striking ‘‘, the Secretary of Commerce, and the pare’’; and RECTOR’’ and inserting ‘‘SECRETARY OF STATE’’; Director of the United States Arms Control and (7) in section 131c. (42 U.S.C. 2160(c))— and Disarmament Agency’’ and inserting ‘‘and the (A) in the first sentence, by striking ‘‘, the Di- (ii) by striking ‘‘2(d), 22, and 34(c)’’ and in- Secretary of Commerce’’. rector of the Arms Control and Disarmament serting ‘‘102(3) and 304(b)’’; and (b) FOREIGN ASSISTANCE ACT.—Section 511 of Agency,’’; (B) by striking ‘‘Director’’ and inserting ‘‘Sec- the Foreign Assistance Act of 1961 (22 U.S.C. (B) in the sixth and seventh sentences, by retary of State’’; 2321d) is amended by striking ‘‘be made in co- striking ‘‘Director’’ each place it appears and (19) in section 64 (22 U.S.C. 2595b–1)— ordination with the Director of the United inserting ‘‘Secretary of State’’; and (A) by striking the section title and inserting‘‘ States Arms Control and Disarmament Agency (C) in the seventh sentence, by striking ‘‘Di- SEC. 503. REVIEW OF CERTAIN REPROGRAMMING and shall take into account his opinion as to’’ rector’s’’ and inserting ‘‘Secretary of State’s’’. NOTIFICATIONS.’’; and inserting ‘‘take into account’’. (e) NUCLEAR NON-PROLIFERATION ACT OF (B) by striking subsection (a); and (c) UNITED STATES INSTITUTE OF PEACE ACT.— 1978.—The Nuclear Non-Proliferation Act of (C) in subsection (b)— (1) Section 1706(b) of the United States Insti- 1978 is amended— (i) by striking ‘‘(b) REVIEW OF CERTAIN RE- tute of Peace Act (22 U.S.C. 4605(b)) is amend- (1) in section 4 (22 U.S.C. 3203)— PROGRAMMING NOTIFICATIONS.—’’; and ed— (A) by striking paragraph (2); and (ii) by striking ‘‘Foreign Affairs’’ and insert- (A) by striking paragraph (3); (B) by redesignating paragraphs (3) through ing ‘‘International Relations’’; (B) by redesignating paragraphs (4) and (5) as (8) as paragraphs (2) through (7), respectively; (20) in section 65(1) (22 U.S.C. 2595c(1)) by in- paragraphs (3) and (4), respectively; and (2) in section 102 (22 U.S.C. 3222), by striking (C) in paragraph (4) (as redesignated), by serting ‘‘of America’’ after ‘‘United States’’; and ‘‘, the Secretary of State, and the Director of the striking ‘‘Eleven’’ and inserting ‘‘Twelve’’. (21) by redesignating sections 1, 2, 3, 27, 28, 31, Arms Control and Disarmament Agency’’ and (2) Section 1707(d)(2) of that Act (22 U.S.C. 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, inserting ‘‘and the Secretary of State’’; 4606(d)(2)) is amended by striking ‘‘, Director of and 65, as amended by this section, as sections (3) in section 304(d) (42 U.S.C. 2156a), by strik- the Arms Control and Disarmament Agency’’. 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, ing ‘‘the Secretary of Defense, and the Direc- (d) ATOMIC ENERGY ACT OF 1954.—The Atomic 307, 308, 401, 402, 403, 404, 501, 502, 503, and 504, tor,’’ and inserting ‘‘and the Secretary of De- Energy Act of 1954 is amended— fense,’’; respectively. (1) in section 57b. (42 U.S.C. 2077(b))— (4) in section 309 (42 U.S.C. 2139a)— SEC. 1224. COMPENSATION OF OFFICERS. (A) in the first sentence, by striking ‘‘the (A) in subsection (b), by striking ‘‘the Depart- Title 5, United States Code, is amended— Arms Control and Disarmament Agency,’’; and (1) in section 5313, by striking ‘‘Director of the (B) in the second sentence, by striking ‘‘the ment of Commerce, and the Arms Control and United States Arms Control and Disarmament Director of the Arms Control and Disarmament Disarmament Agency’’ and inserting ‘‘and the Agency.’’; Agency,’’; Department of Commerce’’; and (2) in section 5314, by striking ‘‘Deputy Direc- (2) in section 109b. (42 U.S.C. 2129(b)), by (B) in subsection (c), by striking ‘‘the Arms tor of the United States Arms Control and Dis- striking ‘‘and the Director’’; Control and Disarmament Agency,’’; armament Agency.’’; (3) in section 111b. (42 U.S.C. 2131(b)) by strik- (5) in section 406 (42 U.S.C. 2160a), by insert- (3) in section 5315— ing ‘‘the Arms Control and Disarmament Agen- ing ‘‘, or any annexes thereto,’’ after ‘‘State- (A) by striking ‘‘Assistant Directors, United cy, the Nuclear Regulatory Commission,’’ and ment’’; and States Arms Control and Disarmament Agency inserting ‘‘the Nuclear Regulatory Commission’’; (6) in section 602 (22 U.S.C. 3282)— (4).’’; and (4) in section 123 (42 U.S.C. 2153)— (A) in subsection (c), by striking ‘‘the Arms (B) by striking ‘‘Special Representatives of the (A) in subsection a., in the third sentence— Control and Disarmament Agency,’’; and President for arms control, nonproliferation, (i) by striking ‘‘and in consultation with the (B) in subsection (e), by striking ‘‘and the Di- and disarmament matters, United States Arms Director of the Arms Control and Disarmament rector’’. Control and Disarmament Agency’’, and insert- Agency (‘the Director’)’’; (f) STATE DEPARTMENT BASIC AUTHORITIES ing ‘‘Special Representatives of the President for (ii) by inserting ‘‘and’’ after ‘‘Energy,’’; ACT OF 1956.—Section 23(a) of the State Depart- arms control, nonproliferation, and disar- (iii) by striking ‘‘Commission, and the Direc- ment basic Authorities Act of 1956 (22 U.S.C. mament matters, Department of State’’; and tor, who’’ and inserting ‘‘Commission. The Sec- 2695(a)) is amended by striking ‘‘the Agency for (4) in section 5316, by striking ‘‘General Coun- retary of State’’; and International Development, and the Arms Con- sel of the United States Arms Control and Disar- (iv) after ‘‘nuclear explosive purpose.’’, by in- trol and Disarmament Agency’’ and inserting mament Agency.’’. serting the following new sentence: ‘‘Each Nu- ‘‘and the Agency for International Develop- clear Proliferation Assessment Statement pre- ment’’. SEC. 1225. ADDITIONAL CONFORMING AMEND- (g) FOREIGN RELATIONS AUTHORIZATION ACT MENTS. pared pursuant to this Act shall be accompanied by a classified annex, prepared in consultation OF 1972.—Section 502 of the Foreign Relations (a) ARMS EXPORT CONTROL ACT.—The Arms Authorization Act of 1972 (2 U.S.C. 194a) is Export Control Act is amended— with the Director of Central Intelligence, sum- amended by striking ‘‘the United States Arms (1) in section 36(b)(1)(D) (22 U.S.C. marizing relevant classified information.’’; (B) in subsection d., in the first proviso— Control and Disarmament Agency,’’. 2776(b)(1)(D)), by striking ‘‘Director of the Arms (i) by striking ‘‘ Nuclear Proliferation Assess- (h) TITLE 49.—Section 40118(d) of title 49, Control and Disarmament Agency in consulta- ment Statement prepared by the Director of the United States Code, is amended by striking ‘‘, or tion with the Secretary of State and the Sec- Arms Control and Disarmament Agency,’’ and the Director of the Arms Control and Disar- retary of Defense’’ and inserting ‘‘Secretary of inserting ‘‘Nuclear Proliferation Assessment mament Agency’’. State in consultation with the Secretary of De- Statement prepared by the Secretary of State, fense and the Director of Central Intelligence’’; TITLE XIII—UNITED STATES and any annexes thereto,’’; and (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))— INFORMATION AGENCY (ii) by striking ‘‘has been’’ and inserting (A) in the first sentence, by striking ‘‘be made CHAPTER 1—GENERAL PROVISIONS ‘‘have been’’; and in coordination with the Director of the United (C) in the first undesignated paragraph fol- SEC. 1301. EFFECTIVE DATE. States Arms Control and Disarmament Agency, lowing subsection d., by striking ‘‘the Arms This title, and the amendments made by this taking into account the Director’s assessment as Control and Disarmament Agency,’’; title, shall take effect on the earlier of— to’’ and inserting ‘‘take into account’’; and (5) in section 126a.(1), by striking ‘‘the Direc- (1) October 1, 1999; or (B) by striking the second sentence; tor of the Arms Control and Disarmament Agen- (2) the date of abolition of the United States (3) in section 42(a) (22 U.S.C. 2791(a))— cy, and the Nuclear Regulatory Commission’’ Information Agency pursuant to the reorganiza- (A) in paragraph (1)(C), by striking ‘‘the as- and inserting ‘‘and the Nuclear Regulatory tion plan described in section 1601. sessment of the Director of the United States Commission,’’; Arms Control and Disarmament Agency as to’’; CHAPTER 2—ABOLITION AND TRANSFER (6) in section 131a. (42 U.S.C. 2160(a))— OF FUNCTIONS (B) by striking ‘‘(1)’’ after ‘‘(a)’’; and (A) in paragraph (1)— (C) by striking paragraph (2); (i) in the first sentence, by striking ‘‘the Di- SEC. 1311. ABOLITION OF UNITED STATES INFOR- MATION AGENCY. (4) in section 71(a) (22 U.S.C. 2797(a)), by rector,’’; striking ‘‘, the Director of the Arms Control and (ii) in the third sentence, by striking ‘‘the Di- The United States Information Agency (other Disarmament Agency,’’; rector declares that he intends’’ and inserting than the Broadcasting Board of Governors and (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by ‘‘the Secretary of State is required’’; and the International Broadcasting Bureau) is abol- striking ‘‘and the Director of the United States (iii) in the third sentence, by striking ‘‘the Di- ished. Arms Control and Disarmament Agency’’; rector’s declaration’’ and inserting ‘‘the require- SEC. 1312. TRANSFER OF FUNCTIONS. (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))— ment to prepare a Nuclear Proliferation Assess- (a) IN GENERAL.—There are transferred to the (A) by striking ‘‘, the Secretary of Commerce, ment Statement’’; Secretary of State all functions of the Director and the Director of the United States Arms Con- (B) in paragraph (2)— of the United States Information Agency and all trol and Disarmament Agency’’ and inserting (i) by striking ‘‘Director’s view’’ and inserting functions of the United States Information ‘‘and the Secretary of Commerce’’; and ‘‘view of the Secretary of State, Secretary of En- Agency and any office or component of such H10734 CONGRESSIONAL RECORD — HOUSE November 12, 1997 agency, under any statute, reorganization plan, (4) international broadcasting is, and should (B) by adding at the end the following new Executive order, or other provision of law, as of remain, an essential instrument of United States sentence: ‘‘Each annual report shall place spe- the day before the effective date of this title. foreign policy. cial emphasis on the assessment described in (b) EXCEPTION.—Subsection (a) does not apply SEC. 1322. CONTINUED EXISTENCE OF BROAD- paragraph (2).’’; to the Broadcasting Board of Governors, the CASTING BOARD OF GOVERNORS. (4) in paragraph (12)— International Broadcasting Bureau, or any Section 304(a) of the United States Inter- (A) by striking ‘‘1994 and 1995’’ and inserting function performed by the Board or the Bureau. national Broadcasting Act of 1994 (22 U.S.C. ‘‘1998 and 1999’’; and SEC. 1313. UNDER SECRETARY OF STATE FOR 6203(a)) is amended to read as follows: (B) by striking ‘‘to the Board for Inter- PUBLIC DIPLOMACY. ‘‘(a) CONTINUED EXISTENCE WITHIN EXECU- national Broadcasting for such purposes for fis- Section 1(b) of the State Department Basic TIVE BRANCH.— cal year 1993’’ and inserting ‘‘to the Board and Authorities Act of 1956 (22 U.S.C. 2651a(b)), as ‘‘(1) IN GENERAL.—The Broadcasting Board of the International Broadcasting Bureau for such amended by this division, is further amended by Governors shall continue to exist within the Ex- purposes for fiscal year 1997’’; and adding at the end the following new paragraph: ecutive branch of Government as an entity de- (5) by adding at the end the following new ‘‘(3) UNDER SECRETARY FOR PUBLIC DIPLO- scribed in section 104 of title 5, United States paragraphs: MACY.—There shall be in the Department of Code. ‘‘(15)(A) To procure temporary and intermit- State, among the Under Secretaries authorized ‘‘(2) RETENTION OF EXISTING BOARD MEM- tent personal services to the same extent as is by paragraph (1), an Under Secretary for Public BERS.—The members of the Broadcasting Board authorized by section 3109 of title 5, United Diplomacy, who shall have primary responsibil- of Governors appointed by the President pursu- States Code, at rates not to exceed the daily ity to assist the Secretary and the Deputy Sec- ant to subsection (b)(1)(A) before the effective equivalent of the rate provided for positions retary in the formation and implementation of date of title XIII of the Foreign Affairs Agencies classified above grade GS–15 of the General United States public diplomacy policies and ac- Consolidation Act of 1997 and holding office as Schedule under section 5108 of title 5, United tivities, including international educational and of that date may serve the remainder of their States Code. cultural exchange programs, information, and terms of office without reappointment. ‘‘(B) To allow those providing such services, ‘‘(3) INSPECTOR GENERAL AUTHORITIES.— international broadcasting.’’. while away from their homes or their regular ‘‘(A) IN GENERAL.—The Inspector General of places of business, travel expenses (including SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR the Department of State and the Foreign Service per diem in lieu of subsistence) as authorized by GENERAL OF UNITED STATES INFOR- shall exercise the same authorities with respect MATION AGENCY AND TRANSFER OF section 5703 of title 5, United States Code, for FUNCTIONS. to the Broadcasting Board of Governors and the persons in the Government service employed International Broadcasting Bureau as the In- (a) ABOLITION OF OFFICE.—The Office of In- intermittently, while so employed. spector General of the United States Informa- spector General exercises under the Inspector ‘‘(16) To procure, pursuant to section 1535 of tion Agency is abolished. General Act of 1978 and section 209 of the For- title 31, United States Code (commonly known eign Service Act of 1980 with respect to the De- (b) AMENDMENTS TO INSPECTOR GENERAL ACT as the ‘Economy Act’), such goods and services partment of State. OF 1978.—Section 11 of the Inspector General from other departments or agencies for the ‘‘(B) RESPECT FOR JOURNALISTIC INTEGRITY OF Act of 1978 (5 U.S.C. App.) is amended— Board and the International Broadcasting Bu- BROADCASTERS.—The Inspector General shall re- (1) in paragraph (1), by striking ‘‘the Office of reau as the Board determines are appropriate. spect the journalistic integrity of all the broad- Personnel Management, the United States Infor- ‘‘(17) To utilize the provisions of titles III, IV, casters covered by this title and may not evalu- mation Agency’’ and inserting ‘‘or the Office of V, VII, VIII, IX, and X of the United States In- ate the philosophical or political perspectives re- Personnel Management’’; and formation and Educational Exchange Act of flected in the content of broadcasts.’’. (2) in paragraph (2), by striking ‘‘the United 1948, and section 6 of Reorganization Plan Num- States Information Agency,’’. SEC. 1323. CONFORMING AMENDMENTS TO THE ber 2 of 1977, as in effect on the day before the UNITED STATES INTERNATIONAL (c) EXECUTIVE SCHEDULE.—Section 5315 of effective date of title XIII of the Foreign Affairs BROADCASTING ACT OF 1994. title 5, United States Code, is amended by strik- Agencies Consolidation Act of 1997, to the extent (a) REFERENCES IN SECTION.—Whenever in the Board considers necessary in carrying out ing the following: this section an amendment or repeal is expressed ‘‘Inspector General, United States Information the provisions and purposes of this title. as an amendment or repeal of a provision, the ‘‘(18) To utilize the authorities of any other Agency.’’. reference shall be deemed to be made to the (d) AMENDMENTS TO PUBLIC LAW 103–236.— statute, reorganization plan, Executive order, United States International Broadcasting Act of Subsections (i) and (j) of section 308 of the Unit- regulation, agreement, determination, or other 1994 (22 U.S.C. 6201 et seq.). ed States International Broadcasting Act of 1994 official document or proceeding that had been (b) SUBSTITUTION OF SECRETARY OF STATE.— available to the Director of the United States In- (22 U.S.C. 6207 (i) and (j)) are amended— Sections 304(b)(1)(B), 304(b) (2) and (3), 304(c), (1) by striking ‘‘Inspector General of the Unit- formation Agency, the Bureau, or the Board be- and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b) (2) fore the effective date of title XIII of the For- ed States Information Agency’’ each place it ap- and (3), 6203(c), and 6203(e)) are amended by pears and inserting ‘‘Inspector General of the eign Affairs Consolidation Act of 1997 for carry- striking ‘‘Director of the United States Informa- ing out the broadcasting activities covered by Department of State and the Foreign Service’’; tion Agency’’ each place it appears and insert- and this title.’’. ing ‘‘Secretary of State’’. (f) DELEGATION OF AUTHORITY.—Section 305 (2) by striking ‘‘, the Director of the United UBSTITUTION OF ACTING SECRETARY OF (c) S (22 U.S.C. 6204) is amended— States Information Agency,’’. STATE.—Section 304(c) (22 U.S.C. 6203(c)) is (e) TRANSFER OF FUNCTIONS.—There are (1) by redesignating subsections (b), (c), and amended by striking ‘‘acting Director of the (d) as subsections (c), (d), and (e), respectively; transferred to the Office of the Inspector Gen- agency’’ and inserting ‘‘Acting Secretary of eral of the Department of State and the Foreign and State’’. (2) by inserting after subsection (a) the follow- Service the functions that the Office of Inspec- (d) STANDARDS AND PRINCIPLES OF INTER- ing new subsection: tor General of the United States Information NATIONAL BROADCASTING.—Section 303(b) (22 Agency exercised before the effective date of this ‘‘(b) DELEGATION OF AUTHORITY.—The Board U.S.C. 6202(b)) is amended— may delegate to the Director of the Inter- title (including all related functions of the In- (1) in paragraph (3), by inserting ‘‘, including national Broadcasting Bureau, or any other of- spector General of the United States Informa- editorials, broadcast by the Voice of America, ficer or employee of the United States, to the ex- tion Agency). which present the views of the United States tent the Board determines to be appropriate, the Government’’ after ‘‘policies’’; CHAPTER 3—INTERNATIONAL authorities provided in this section, except those (2) by redesignating paragraphs (4) through BROADCASTING authorities provided in paragraph (1), (2), (3), (9) as paragraphs (5) through (10), respectively; SEC. 1321. CONGRESSIONAL FINDINGS AND DEC- (4), (5), (6), (9), or (11) of subsection (a).’’. LARATION OF PURPOSE. and (3) by inserting after paragraph (3) the follow- (g) BROADCASTING BUDGETS.—Section 305(c)(1) Congress finds that— (as redesignated) is amended— (1) it is the policy of the United States to pro- ing: ‘‘(4) the capability to provide a surge capacity (1) by striking ‘‘(1)’’ before ‘‘The Director’’; mote the right of freedom of opinion and expres- to support United States foreign policy objec- and sion, including the freedom ‘‘to seek, receive, tives during crises abroad;’’; (2) by striking ‘‘the Director of the United and impart information and ideas through any (e) AUTHORITIES OF THE BOARD.—Section States Information Agency for the consideration media and regardless of frontiers’’, in accord- 305(a) (22 U.S.C. 6204(a)) is amended— of the Director as a part of the Agency’s budget ance with Article 19 of the Universal Declara- (1) in paragraph (1)— submission to’’. tion of Human Rights; (A) by striking ‘‘direct and’’; and (h) REPEAL.—Section 305(c)(2) (as redesig- (2) open communication of information and (B) by striking ‘‘and the Television Broadcast- nated) is repealed. ideas among the peoples of the world contributes ing to Cuba Act’’ and inserting ‘‘, the Television (i) IMPLEMENTATION.—Section 305(d) (as re- to international peace and stability, and the Broadcasting to Cuba Act, and Worldnet Tele- designated) is amended to read as follows: promotion of such communication is in the in- vision, except as provided in section 306(b)’’; ‘‘(d) PROFESSIONAL INDEPENDENCE OF BROAD- terests of the United States; (2) in paragraph (4), by inserting ‘‘, after con- CASTERS.—The Secretary of State and the (3) it is in the interest of the United States to sultation with the Secretary of State,’’ after Board, in carrying out their functions, shall re- support broadcasting to other nations consistent ‘‘annually,’’; spect the professional independence and integ- with the requirements of this chapter and the (3) in paragraph (9)— rity of the International Broadcasting Bureau, United States International Broadcasting Act of (A) by striking ‘‘, through the Director of the its broadcasting services, and the grantees of the 1994; and United States Information Agency,’’; and Board.’’. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10735

(j) FOREIGN POLICY GUIDANCE.—Section 306 (1) in section 243(a) (22 U.S.C. 1465bb(a)) and (c) TRANSFER AND ALLOCATION OF PROPERTY, (22 U.S.C. 6205) is amended— section 246 (22 U.S.C. 1465dd), by striking ‘‘Unit- APPROPRIATIONS, AND PERSONNEL ASSOCIATED (1) in the section heading, by striking ‘‘FOREIGN ed States Information Agency’’ each place it ap- WITH WORLDNET.—USIA personnel responsible POLICY GUIDANCE’’ and inserting ‘‘ROLE OF THE SEC- pears and inserting ‘‘Broadcasting Board of for carrying out interactive dialogs with foreign RETARY OF STATE’’; Governors’’; media and other similar overseas public diplo- (2) by inserting ‘‘(a) FOREIGN POLICY GUID- (2) in section 243(c) (22 U.S.C. 1465bb(c))— macy programs using the Worldnet television ANCE.—’’ immediately before ‘‘To’’; (A) in the subsection heading, by striking broadcasting system, and funds associated with (3) by striking ‘‘State, acting through the Di- ‘‘USIA’’; and such personnel, shall be transferred to the De- rector of the United States Information Agen- (B) by striking ‘‘ ‘USIA Television’’ and in- partment of State in accordance with the provi- cy,’’ and inserting ‘‘State’’; serting ‘‘the ‘Television’’; sions of title XVI of this subdivision. (4) by inserting before the period at the end (3) in section 244(c) (22 U.S.C. 1465cc(c)) and (d) INCIDENTAL TRANSFERS.—The Director of the following: ‘‘, as the Secretary may deem ap- section 246 (22 U.S.C. 1465dd), by striking the Office of Management and Budget, when re- propriate’’; and ‘‘Agency’’ each place it appears and inserting quested by the Broadcasting Board of Gov- (5) by adding at the end the following: ‘‘Board’’; ernors, is authorized to make such incidental ‘‘(b) CERTAIN WORLDNET PROGRAMMING.—The (4) in section 244 (22 U.S.C. 1465cc)— Secretary of State is authorized to use Worldnet dispositions of personnel, assets, liabilities, (A) in the section heading, by striking ‘‘of the broadcasts for the purposes of continuing inter- grants, contracts, property, records, and unex- united states information agency’’; active dialogues with foreign media and other pended balances of appropriations, authoriza- (B) in subsection (a)— similar overseas public diplomacy programs tions, allocations, and other funds held, used, (i) in the first sentence, by striking ‘‘The Di- sponsored by the Department of State. The arising from, available to, or to be made avail- rector of the United States Information Agency Chairman of the Broadcasting Board of Gov- able in connection with functions and offices shall establish’’ and inserting ‘‘There is’’; and ernors shall provide access to Worldnet for this transferred from USIA, as may be necessary to (ii) in the second sentence— carry out the provisions of this section. purpose on a nonreimbursable basis.’’. (I) by striking ‘‘Director of the United States (k) INTERNATIONAL BROADCASTING BUREAU.— SEC. 1327. SAVINGS PROVISIONS. Information Agency’’ and inserting ‘‘Broadcast- Section 307 (22 U.S.C. 6206) is amended— (a) CONTINUING LEGAL FORCE AND EFFECT.— (1) in subsection (a), by striking ‘‘within the ing Board of Governors’’; and All orders, determinations, rules, regulations, United States Information Agency’’ and insert- (II) by striking ‘‘the Director of the Voice of permits, agreements, grants, contracts, certifi- ing ‘‘under the Board’’; America’’ and inserting ‘‘the International cates, licenses, registrations, privileges, and (2) in subsection (b)(1), by striking ‘‘Chairman Broadcasting Bureau’’; other administrative actions— of the Board, in consultation with the Director (C) in subsection (b)— (1) that have been issued, made, granted, or of the United States Information Agency and (i) by striking ‘‘Agency facilities’’ and insert- allowed to become effective by the President, with the concurrence of a majority of the ing ‘‘Board facilities’’; and any Federal agency or official thereof, or by a Board’’ and inserting ‘‘President, by and with (ii) by striking ‘‘Information Agency’’ and in- court of competent jurisdiction, in the perform- the advice and consent of the Senate’’; serting ‘‘International’’; and ance of functions exercised by the Broadcasting (D) in the heading of subsection (c), by strik- (3) by redesignating subsection (b)(1) as sub- Board of Governors of the United States Infor- ing ‘‘USIA’’; and section (b); mation Agency on the day before the effective (5) in section 245(d) (22 U.S.C. 1465c note), by (4) by striking subsection (b)(2); and date of this title, and (5) by adding at the end the following new striking ‘‘Board’’ and inserting ‘‘Advisory (2) that are in effect at the time this title takes subsection: Board’’. effect, or were final before the effective date of ‘‘(c) RESPONSIBILITIES OF THE DIRECTOR.—The SEC. 1326. TRANSFER OF BROADCASTING RELAT- this title and are to become effective on or after Director shall organize and chair a coordinating ED FUNDS, PROPERTY, AND PERSON- the effective date of this title, committee to examine and make recommenda- NEL. shall continue in effect according to their terms tions to the Board on long-term strategies for (a) TRANSFER AND ALLOCATION OF PROPERTY until modified, terminated, superseded, set the future of international broadcasting, includ- AND APPROPRIATIONS.— aside, or revoked in accordance with law by the ing the use of new technologies, further consoli- (1) IN GENERAL.—The assets, liabilities (in- President, the Broadcasting Board of Gov- dation of broadcast services, and consolidation cluding contingent liabilities arising from suits ernors, or other authorized official, a court of of currently existing public affairs and legisla- continued with a substitution or addition of competent jurisdiction, or by operation of law. tive relations functions in the various inter- parties under section 1327(d)), contracts, prop- (b) PENDING PROCEEDINGS.— national broadcasting entities. The coordinating erty, records, and unexpended balance of appro- (1) IN GENERAL.—The provisions of this chap- committee shall include representatives of Radio priations, authorizations, allocations, and other ter, or amendments made by this chapter, shall Free Asia, RFE/RL, Incorporated, the Broad- funds employed, held, used, arising from, avail- not affect any proceedings, including notices of casting Board of Governors, and, as appro- able to, or to be made available in connection proposed rulemaking, or any application for priate, the Office of Cuba Broadcasting, the with the functions and offices of USIA trans- any license, permit, certificate, or financial as- Voice of America, and Worldnet.’’. ferred to the Broadcasting Board of Governors sistance pending before the Broadcasting Board (l) REPEALS.—The following provisions of law by this chapter shall be transferred to the of Governors of the United States Information are repealed: Broadcasting Board of Governors for appro- Agency at the time this title takes effect, with (1) Subsections (k) and (l) of section 308 (22 priate allocation. respect to functions exercised by the Board as of U.S.C. 6207 (k), (l)). (2) ADDITIONAL TRANSFERS.—In addition to the effective date of this title but such proceed- (2) Section 310 (22 U.S.C. 6209). the transfers made under paragraph (1), there ings and applications shall be continued. SEC. 1324. AMENDMENTS TO THE RADIO BROAD- shall be transferred to the Chairman of the (2) ORDERS, APPEALS, AND PAYMENTS.—Orders CASTING TO CUBA ACT. Broadcasting Board of Governors the assets, shall be issued in such proceedings, appeals The Radio Broadcasting to Cuba Act (22 contracts, property, records, and unexpended shall be taken therefrom, and payments shall be U.S.C. 1465 et seq.) is amended— balance of appropriations, authorizations, allo- made pursuant to such orders, as if this chapter (1) by striking ‘‘United States Information cations, and other funds, as determined by the had not been enacted, and orders issued in any Agency’’ each place it appears and inserting Secretary, in concurrence with the Broadcasting such proceedings shall continue in effect until ‘‘Broadcasting Board of Governors’’; Board of Governors, to support the functions modified, terminated, superseded, or revoked by (2) by striking ‘‘Agency’’ each place it appears transferred by this chapter. a duly authorized official, by a court of com- and inserting ‘‘Board’’; (b) TRANSFER OF PERSONNEL.—Notwithstand- (3) by striking ‘‘the Director of the United petent jurisdiction, or by operation of law. ing any other provision of law— States Information Agency’’ each place it ap- (3) STATUTORY CONSTRUCTION.—Nothing in (1) except as provided in subsection (c), all pears and inserting ‘‘the Broadcasting Board of this subsection shall be deemed to prohibit the personnel and positions of USIA employed or Governors’’; discontinuance or modification of any such pro- maintained to carry out the functions trans- (4) in section 4 (22 U.S.C. 1465b), by striking ceeding under the same terms and conditions ferred by this chapter to the Broadcasting ‘‘the Voice of America’’ and inserting ‘‘the and to the same extent that such proceeding Board of Governors shall be transferred to the International Broadcasting Bureau’’; could have been discontinued or modified if this (5) in section 5 (22 U.S.C. 1465c)— Broadcasting Board of Governors at the same chapter had not been enacted. (A) by striking ‘‘Board’’ each place it appears grade or class and the same rate of basic pay or (c) NONABATEMENT OF PROCEEDINGS.—No suit, and inserting ‘‘Advisory Board’’; and basic salary rate and with the same tenure held action, or other proceeding commenced by or (B) in subsection (a), by striking the first sen- immediately preceding transfer; and against any officer in the official capacity of tence and inserting ‘‘There is established within (2) the personnel and positions of USIA, as such individual as an officer of the Broadcast- the Office of the President the Advisory Board determined by the Secretary of State, with the ing Board of Governors, or any commission or for Cuba Broadcasting (in this Act referred to as concurrence of the Broadcasting Board of Gov- component thereof, shall abate by reason of the the ‘Advisory Board’).’’; and ernors and the Director of USIA, to support the enactment of this chapter. No cause of action by (6) by striking any other reference to ‘‘Direc- functions transferred by this chapter shall be or against the Broadcasting Board of Gov- tor’’ not amended by paragraph (3) each place transferred to the Broadcasting Board of Gov- ernors, or any commission or component thereof, it appears and inserting ‘‘Board’’. ernors, including the International Broadcast- or by or against any officer thereof in the offi- SEC. 1325. AMENDMENTS TO THE TELEVISION ing Bureau, at the same grade or class and the cial capacity of such officer, shall abate by rea- BROADCASTING TO CUBA ACT. same rate of basic pay or basic salary rate and son of the enactment of this chapter. The Television Broadcasting to Cuba Act (22 with the same tenure held immediately preced- (d) CONTINUATION OF PROCEEDINGS WITH SUB- U.S.C. 1465aa et seq.) is amended— ing transfer. STITUTION OF PARTIES.— H10736 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(1) SUBSTITUTION OF PARTIES.—If, before the Authorization Act, Fiscal Years 1990 and 1991 and purposes for which such funds shall be ex- effective date of this title, USIA or the Broad- (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)). pended; and casting Board of Governors, or any officer SEC. 1332. AMENDMENTS TO TITLE 5, UNITED (2) the amount of funds allocated to and the thereof in the official capacity of such officer, is STATES CODE. positions authorized for such public diplomacy a party to a suit which is related to the func- Title 5, United States Code, is amended— programs, including bureaus to be created upon tions transferred by this chapter, then effective (1) in section 5313, by striking ‘‘Director of the the transfer of functions from USIA to the De- on such date such suit shall be continued with United States Information Agency.’’; partment. the Broadcasting Board of Governors or other (2) in section 5315— SEC. 1334. ABOLITION OF UNITED STATES ADVI- appropriate official of the Board substituted or (A) by striking ‘‘Deputy Director of the Unit- SORY COMMISSION ON PUBLIC DI- added as a party. ed States Information Agency.’’; and PLOMACY. (2) LIABILITY OF THE BOARD.—The Board (B) by striking ‘‘Director of the International (a) ABOLITION.—The United States Advisory shall participate in suits continued under para- Broadcasting Bureau, the United States Infor- Commission on Public Diplomacy is abolished. graph (1) where the Broadcasting Board of Gov- mation Agency.’’ and inserting ‘‘Director of the (b) REPEALS.—Section 604 of the United States ernors or other appropriate official of the Board International Broadcasting Bureau.’’; and Information and Educational Exchange Act of is added as a party and shall be liable for any (3) in section 5316— 1948 (22 U.S.C. 1469) and section 8 of Reorga- judgments or remedies in those suits or proceed- (A) by striking ‘‘Deputy Director, Policy and nization Plan Numbered 2 of 1977 are repealed. ings arising from the exercise of the functions Plans, United States Information Agency.’’; and SEC. 1335. CONFORMING AMENDMENTS. transferred by this chapter to the same extent (B) by striking ‘‘Associate Director (Policy (a) The United States Information and Edu- that USIA would have been liable if such judg- and Plans), United States Information Agen- cational Exchange Act of 1948 (22 U.S.C. 1431 et ment or remedy had been rendered on the day cy.’’. seq.) is amended— before the abolition of USIA. SEC. 1333. APPLICATION OF CERTAIN LAWS. (1) in section 505 (22 U.S.C. 1464a)— (e) ADMINISTRATIVE ACTIONS RELATING TO (a) APPLICATION TO FUNCTIONS OF DEPART- (A) by striking ‘‘Director of the United States PROMULGATION OF REGULATIONS.—Any admin- MENT OF STATE.—Section 501 of Public Law 80– Information Agency’’ each place it appears and istrative action relating to the preparation or 402 (22 U.S.C. 1461), section 202 of Public Law inserting ‘‘Broadcasting Board of Governors’’; promulgation of a regulation by the Broadcast- 95–426 (22 U.S.C. 1461–1), and section 208 of (B) by striking ‘‘United States Information ing Board of Governors relating to a function Public Law 99–93 (22 U.S.C. 1461–1a) shall not Agency’’ each place it appears and inserting exercised by the Board before the effective date apply to public affairs and other information ‘‘Broadcasting Board of Governors’’; of this title may be continued by the Board with dissemination functions of the Secretary of State (C) in subsection (b)— the same effect as if this chapter had not been as carried out prior to any transfer of functions (i) by striking ‘‘Agency’s’’ and all that follows enacted. pursuant to this subdivision. through ‘‘ ‘USIA-TV’)’’ and inserting ‘‘television EFERENCES (f) R .—Reference in any other Fed- (b) APPLICATION TO FUNCTIONS TRANSFERRED broadcasts of the United States International eral law, Executive order, rule, regulation, or TO DEPARTMENT OF STATE.—Section 501 of Pub- Television Service’’; and delegation of authority, or any document of or lic Law 80–402 (22 U.S.C. 1461), section 202 of (ii) in paragraphs (1), (2), and (3), by striking relating to the Broadcasting Board of Governors Public Law 95–426 (22 U.S.C. 1461–1), and sec- ‘‘USIA-TV’’ each place it appears and inserting of the United States Information Agency with tion 208 of Public Law 99–93 (22 U.S.C. 1461–1a) ‘‘The United States International Television regard to functions exercised before the effective shall apply only to public diplomacy programs, Service’’; and date of this title, shall be deemed to refer to the personnel and support of the Director of the (D) in subsections (d) and (e), by striking Board. United States Information Agency as carried out ‘‘USIA-TV’’ each place it appears and inserting SEC. 1328. REPORT ON THE PRIVATIZATION OF prior to any transfer of functions pursuant to ‘‘the United States International Television RFE/RL, INCORPORATED. this subdivision to the same extent that such Service’’; Not later than March 1 of each year, the programs were covered by these provisions prior (2) in section 506(c) (22 U.S.C. 1464b(c))— Broadcasting Board of Governors shall submit to such transfer. (A) by striking ‘‘Director of the United States to the appropriate congressional committees a (c) LIMITATION ON USE OF FUNDS.—Except as Information Agency’’ and inserting ‘‘Broadcast- report on the progress of the Board and of RFE/ provided in section 501 of Public Law 80–402 and ing Board of Governors’’; RL, Incorporated, on any steps taken to further section 208 of Public Law 99–93, funds specifi- (B) by striking ‘‘Agency’’ and inserting the policy declared in section 312(a) of the For- cally authorized to be appropriated for such ‘‘Board’’; and eign Relations Authorization Act, Fiscal Years public diplomacy programs shall not be used to (C) by striking ‘‘Director’’ and inserting 1994 and 1995. The report under this subsection influence public opinion in the United States, ‘‘Board’’. shall include the following: and no program material prepared using such (3) in section 705 (22 U.S.C 1477c)— (1) Efforts by RFE/RL, Incorporated, to termi- funds shall be distributed or disseminated in the (A) by striking subsections (a) and (c); and nate individual language services. United States. (B) in subsection (b)— (2) A detailed description of steps taken with (d) REPORTING REQUIREMENTS.—The report (i) by striking ‘‘(b) In addition, the United regard to section 312(a) of that Act. submitted pursuant to section 1601(f) of this sub- State Information Agency’’ and inserting ‘‘The (3) An analysis of prospects for privatization division shall include a detailed statement of the Department of State’’; and over the coming year. manner in which the special mission of public (ii) by striking ‘‘program grants’’ and insert- (4) An assessment of the extent to which Unit- diplomacy carried out by USIA prior to the ing ‘‘grants for overseas public diplomacy pro- ed States Government funding may be appro- transfer of functions under this subdivision grams’’; priate in the year 2000 and subsequent years for shall be preserved within the Department of (4) in section 801(7) (22 U.S.C. 1471(7))— surrogate broadcasting to the countries to which State, including the planned duties and respon- (A) by striking ‘‘Agency’’ and inserting ‘‘over- RFE/RL, Incorporated, broadcast during the sibilities of any new bureaus that will perform seas public diplomacy’’; and year. This assessment shall include an analysis such public diplomacy functions. Such report (B) by inserting ‘‘other’’ after ‘‘together of the environment for independent media in shall also include the best available estimates with’’; and those countries, noting the extent of government of— (5) in section 812 (22 U.S.C. 1475g)— control of the media, the ability of independent (1) the amounts to be expended by the Depart- (A) by striking ‘‘United States Information journalists and news organizations to operate, ment of State for public affairs programs during Agency post’’ each place it appears and insert- relevant domestic legislation, level of govern- fiscal year 1998, and on the personnel and sup- ing ‘‘overseas public diplomacy post’’; ment harassment and efforts to censor, and port costs for such programs; (B) in subsection (a), by striking ‘‘United other indications of whether the people of such (2) the amounts to be expended by USIA for States Information Agency’’ the first place it ap- countries enjoy freedom of expression. its public diplomacy programs during fiscal year pears and inserting ‘‘Department of State’’; CHAPTER 4—CONFORMING AMENDMENTS 1998, and on the personnel and support costs for (C) in subsection (b), by striking ‘‘Director of SEC. 1331. REFERENCES. such programs; and the United States Information Agency’’ and in- (a) IN GENERAL.—Except as otherwise pro- (3) the amounts, including funds to be trans- serting ‘‘Secretary of State’’; and vided in this subdivision, any reference in any ferred from USIA and funds appropriated to the (D) in the section heading, by striking ‘‘ USIA’’ statute, reorganization plan, Executive order, Department, that will be allocated for the pro- and inserting ‘‘overseas public diplomacy’’. regulation, agreement, determination, or other grams described in paragraphs (1) and (2), re- (b) Section 212 of the Foreign Relations Au- official document or proceeding to— spectively, during the fiscal year in which the thorization Act, Fiscal Years 1992 and 1993 (22 (1) the Director of the United States Informa- transfer of functions from USIA to the Depart- U.S.C. 1475h) is amended— tion Agency or the Director of the International ment occurs. (1) by striking ‘‘United States Information Communication Agency shall be deemed to refer (e) CONGRESSIONAL PRESENTATION DOCU- Agency’’ each place it appears and inserting to the Secretary of State; and MENT.—The Department of State’s Congres- ‘‘Department of State’’; (2) the United States Information Agency, sional Presentation Document for fiscal year (2) in subsection (a), by inserting ‘‘for carry- USIA, or the International Communication 2000 and each fiscal year thereafter shall in- ing out its overseas public diplomacy functions’’ Agency shall be deemed to refer to the Depart- clude— after ‘‘grants’’; ment of State. (1) the aggregated amounts that the Depart- (3) in subsection (b)— (b) CONTINUING REFERENCES TO USIA OR DI- ment will spend on such public diplomacy pro- (A) by striking ‘‘a grant’’ the first time it ap- RECTOR.—Subsection (a) shall not apply to sec- grams and on costs of personnel for such pro- pears and inserting ‘‘an overseas public diplo- tion 146 (a), (b), or (c) of the Foreign Relations grams, and a detailed description of the goals macy grant’’; and November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10737 (B) in paragraph (1), by inserting ‘‘such’’ be- (2) in section 210 (22 U.S.C. 3930), by striking TITLE XIV—UNITED STATES INTER- fore ‘‘a grant’’ the first place it appears; ‘‘United States Information Agency’’ and insert- NATIONAL DEVELOPMENT COOPERA- (4) in subsection (c)(1), by inserting ‘‘overseas ing ‘‘Broadcasting Board of Governors’’; TION AGENCY public diplomacy’’ before ‘‘grants’’; (3) in section 1003(a) (22 U.S.C. 4103(a)), by CHAPTER 1—GENERAL PROVISIONS (5) in subsection (c)(3), by inserting ‘‘such’’ striking ‘‘United States Information Agency’’ SEC. 1401. EFFECTIVE DATE. before ‘‘grant’’; and and inserting ‘‘Broadcasting Board of Gov- This title, and the amendments made by this (6) by striking subsection (d). ernors’’; and title, shall take effect on the earlier of— (c) Section 602 of the National and Commu- (4) in section 1101(c) (22 U.S.C. 4131(c)), by (1) October 1, 1998; or nity Service Act of 1990 (22 U.S.C. 2452a) is striking ‘‘the United States Information Agen- (2) the date of abolition of the United States amended— cy,’’ and inserting ‘‘Broadcasting Board of Gov- International Development Cooperation Agency (1) in the second sentence of subsection (a), by ernors,’’. pursuant to the reorganization plan described in striking ‘‘United States Information Agency’’ (l) The Department of State Basic Authorities section 1601. and inserting ‘‘Department of State’’; and Act of 1956, as amended by this division, is fur- CHAPTER 2—ABOLITION AND TRANSFER (2) in subsection (b)— ther amended— OF FUNCTIONS (A) by striking ‘‘appropriations account of the (1) in section 23(a) (22 U.S.C. 2695(a)), by SEC. 1411. ABOLITION OF UNITED STATES INTER- United States Information Agency’’ and insert- striking ‘‘United States Information Agency’’ ing ‘‘appropriate appropriations account of the NATIONAL DEVELOPMENT COOPERA- and inserting ‘‘Broadcasting Board of Gov- TION AGENCY. Department of State’’; and ernors’’; (a) IN GENERAL.—Except for the components (B) by striking ‘‘and the United States Infor- (2) in section 25(f) (22 U.S.C. 2697(f))— specified in subsection (b), the United States mation Agency’’. (A) by striking ‘‘Director of the United States International Development Cooperation Agency (d) Section 305 of Public Law 97–446 (19 U.S.C. Information Agency’’ and inserting ‘‘Broadcast- (including the Institute for Scientific and Tech- 2604) is amended in the first sentence, by strik- ing Board of Governors’’; and nological Cooperation) is abolished. ing ‘‘, after consultation with the Director of (B) by striking ‘‘with respect to their respec- (b) AID AND OPIC EXEMPTED.—Subsection (a) the United States Information Agency,’’. tive agencies’’ and inserting ‘‘with respect to the does not apply to the Agency for International (e) Section 601 of Public Law 103–227 (20 Board and the Agency’’; Development or the Overseas Private Investment U.S.C. 5951(a)) is amended by striking ‘‘of the (3) in section 26(b) (22 U.S.C. 2698(b)), as Corporation. Director of the United States Information Agen- amended by this division— SEC. 1412. TRANSFER OF FUNCTIONS AND AU- cy and with’’ and inserting ‘‘and’’. THORITIES. (f) Section 1003(b) of the Fascell Fellowship (A) by striking ‘‘Director of the United States Information Agency, the chairman of the Board (a) ALLOCATION OF FUNDS.— Act (22 U.S.C. 4902(b)) is amended— (1) ALLOCATION TO THE SECRETARY OF (1) in the text above paragraph (1), by striking for International Broadcasting,’’ and inserting STATE.—Funds made available under the cat- ‘‘9 members’’ and inserting ‘‘7 members’’; ‘‘Broadcasting Board of Governors,’’; and (B) by striking ‘‘with respect to their respec- egories of assistance deemed allocated to the Di- (2) in paragraph (4), by striking ‘‘Six’’ and in- rector of the International Development Co- serting ‘‘Five’’; tive agencies’’ and inserting ‘‘with respect to the Board and the Agency’’; and operation Agency under section 1–801 of Execu- (3) by striking paragraph (3); and tive Order No. 12163 (22 U.S.C. 2381 note) as of (4) by redesignating paragraph (4) as para- (4) in section 32 (22 U.S.C. 2704), as amended October 1, 1997, shall be allocated to the Sec- graph (3). by this division, by striking ‘‘the Director of the retary of State on and after the effective date of (g) Section 803 of the Intelligence Authoriza- United States Information Agency’’ and insert- this title without further action by the Presi- tion Act, Fiscal Year 1992 (50 U.S.C. 1903) is ing ‘‘the Broadcasting Board of Governors’’. dent. amended— (m) Section 507(b)(3) of Public Law 103–317 (22 (2) PROCEDURES FOR REALLOCATIONS OR (1) in subsection (b)— U.S.C. 2669a(b)(3)) is amended by striking ‘‘, the TRANSFERS.—The Secretary of State may allo- United States Information Agency,’’. (A) by striking paragraph (6); and cate or transfer as appropriate any funds re- (B) by redesignating paragraphs (7) and (8) as (n) Section 502 of Public Law 92–352 (2 U.S.C. ceived under paragraph (1) in the same manner paragraphs (6) and (7), respectively; and 194a) is amended by striking ‘‘the United States as previously provided for the Director of the (2) in subsection (c), by striking ‘‘subsection Information Agency,’’. International Development Cooperation Agency (b)(7)’’ and inserting ‘‘subsection (b)(6)’’. (o) Section 6 of Public Law 104–288 (22 U.S.C. under section 1–802 of that Executive Order, as (h) Section 7 of the Federal Triangle Develop- 2141d) is amended— in effect on October 1, 1997. ment Act (40 U.S.C. 1106) is amended— (1) in subsection (a), by striking ‘‘Director of (b) WITH RESPECT TO THE OVERSEAS PRIVATE (1) in subsection (c)(1)— the United States Information Agency,’’; and INVESTMENT CORPORATION.—There are trans- (A) in the text above subparagraph (A), by (2) in subsection (b), by striking ‘‘the Director ferred to the Administrator of the Agency for striking ‘‘15 members’’ and inserting ‘‘14 mem- of the United States Information Agency’’ and International Development all functions of the bers’’; inserting ‘‘the Under Secretary of State for Pub- Director of the United States International De- (B) by striking subparagraph (F); and lic Diplomacy’’. velopment Cooperation Agency as of the day be- (C) by redesignating subparagraphs (G) (p) Section 40118(d) of title 49, United States fore the effective date of this title with respect through (J) as subparagraphs (F) through (I), Code, is amended by striking ‘‘, the Director of to the Overseas Private Investment Corporation. respectively; the United States Information Agency,’’. (c) OTHER ACTIVITIES.—The authorities and (2) in paragraphs (3) and (5) of subsection (c), (q) Section 155 of Public Law 102–138 is functions transferred to the United States Inter- by striking ‘‘paragraph (1)(J)’’ each place it ap- amended— national Development Cooperation Agency or pears and inserting ‘‘paragraph (1)(I)’’; and (1) by striking the comma before ‘‘Department the Director of that Agency by section 6 of Reor- (3) in subsection (d)(3) and subsection (e), by of Commerce’’ and inserting ‘‘and’’; and ganization Plan Numbered 2 of 1979 shall, to the striking ‘‘the Administrator and the Director of (2) by striking ‘‘, and the United States Infor- extent such authorities and functions have not the United States Information Agency’’ each mation Agency’’. been repealed, be transferred to those agencies place it appears and inserting ‘‘and the Admin- (r) Section 107 of the Cuban Liberty and or heads of agencies, as the case may be, in istrator’’. Democratic Solidarity (LIBERTAD) Act of 1996 which those authorities and functions were (i) Section 3 of the Woodrow Wilson Memorial (22 U.S.C. 6037) is amended by striking ‘‘Direc- vested by statute as of the day before the effec- Act of 1968 (Public Law 90–637; 20 U.S.C. 80f) is tor of the United States Information Agency’’ tive date of such reorganization plan. amended— each place it appears and inserting ‘‘Director of SEC. 1413. STATUS OF AID. (1) in subsection (b)— the International Broadcasting Bureau’’. (A) in the text preceding paragraph (1), by (a) IN GENERAL.—Unless abolished pursuant striking ‘‘19 members’’ and inserting ‘‘17 mem- SEC. 1336. REPEALS. to the reorganization plan submitted under sec- bers’’; The following provisions are repealed: tion 1601, and except as provided in section 1412, (B) by striking paragraph (7); (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. there is within the Executive branch of Govern- (C) by striking ‘‘10’’ in paragraph (10) and in- 1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), ment the United States Agency for International serting ‘‘9’’; and 811 (22 U.S.C 1475f), and 1009 (22 U.S.C. 1440) of Development as an entity described in section (D) by redesignating paragraphs (8) through the United States Information and Educational 104 of title 5, United States Code. (b) RETENTION OF OFFICERS.—Nothing in this (10) as paragraphs (7) through (9), respectively; Exchange Act of 1948. section shall require the reappointment of any and (2) Section 106(c) of the Mutual Educational officer of the United States serving in the Agen- (2) in subsection (c), by striking ‘‘(9)’’ and in- and Cultural Exchange Act of 1961 (22 U.S.C. cy for International Development of the United serting ‘‘(8)’’. 2456(c)). (j) Section 624 of Public Law 89–329 (20 U.S.C. (3) Section 565(e) of the Anti-Economic Dis- States International Development Cooperation 1131c) is amended by striking ‘‘the United States crimination Act of 1994 (22 U.S.C. 2679c(e)). Agency as of the day before the effective date of Information Agency,’’. (4) Section 206(b) of Public Law 102–138. this title. (k) The Foreign Service Act of 1980 (22 U.S.C. (5) Section 2241 of Public Law 104–66. CHAPTER 3—CONFORMING AMENDMENTS 3901 et seq.) is amended— (6) Sections 1 through 6 of Reorganization SEC. 1421. REFERENCES. (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), Plan Numbered 2 of 1977 (91 Stat. 636). Except as otherwise provided in this subdivi- by striking ‘‘Director of the United States Infor- (7) Section 207 of the Foreign Relations Au- sion, any reference in any statute, reorganiza- mation Agency’’ and inserting ‘‘Broadcasting thorization Act, Fiscal Years 1988 and 1989 tion plan, Executive order, regulation, agree- Board of Governors’’; (Public Law 100–204; 22 U.S.C. 1463 note). ment, determination, or other official document H10738 CONGRESSIONAL RECORD — HOUSE November 12, 1997 or proceeding to the United States International velopment Cooperation Agency’’ and inserting (5) The Support for East European Democracy Development Cooperation Agency (IDCA) or to ‘‘Administrator of the Agency for International Act (22 U.S.C. 5401 et seq.). the Director or any other officer or employee of Development’’. SEC. 1522. ADMINISTRATOR OF AID REPORTING IDCA— (4) FOREIGN SERVICE ACT OF 1980.—The Foreign TO THE SECRETARY OF STATE. (1) insofar as such reference relates to any Service Act of 1980 is amended— The Administrator of the Agency for Inter- function or authority transferred under section (A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), national Development, appointed pursuant to 1412(a), shall be deemed to refer to the Secretary by striking ‘‘Director of the United States Inter- section 624(a) of the Foreign Assistance Act of of State; national Development Cooperation Agency’’ and 1961 (22 U.S.C. 2384(a)), shall report to and be (2) insofar as such reference relates to any inserting ‘‘Administrator of the Agency for under the direct authority and foreign policy function or authority transferred under section International Development’’; guidance of the Secretary of State. 1412(b), shall be deemed to refer to the Adminis- (B) in section 210 (22 U.S.C. 3930), by striking SEC. 1523. ASSISTANCE PROGRAMS COORDINA- trator of the Agency for International Develop- ‘‘United States International Development Co- TION AND OVERSIGHT. ment; operation Agency’’ and inserting ‘‘Agency for (a) AUTHORITY OF THE SECRETARY OF (3) insofar as such reference relates to any International Development’’; STATE.— function or authority transferred under section (C) in section 1003(a) (22 U.S.C. 4103(a)), by (1) IN GENERAL.—Under the direction of the 1412(c), shall be deemed to refer to the head of striking ‘‘United States International Develop- President, the Secretary of State shall coordi- the agency to which such function or authority ment Cooperation Agency’’ and inserting nate all United States assistance in accordance is transferred under such section; and ‘‘Agency for International Development’’; and with this section, except as provided in para- (4) insofar as such reference relates to any (D) in section 1101(c) (22 U.S.C. 4131(c)), by graphs (2) and (3). function or authority not transferred by this striking ‘‘United States International Develop- (2) EXPORT PROMOTION ACTIVITIES.—Coordi- title, shall be deemed to refer to the President or ment Cooperation Agency’’ and inserting nation of activities relating to promotion of ex- such agency or agencies as may be specified by ‘‘Agency for International Development’’. ports of United States goods and services shall Executive order. (5) REPEAL.—Section 413 of Public Law 96–53 continue to be primarily the responsibility of the (22 U.S.C. 3512) is repealed. Secretary of Commerce. SEC. 1422. CONFORMING AMENDMENTS. (6) TITLE 49.—Section 40118(d) of title 49, Unit- (3) INTERNATIONAL ECONOMIC ACTIVITIES.—Co- (a) TERMINATION OF REORGANIZATION PLANS ed States Code, is amended by striking ‘‘the Di- ordination of activities relating to United States AND DELEGATIONS.—The following shall cease to rector of the United States International Devel- participation in international financial institu- be effective: opment Cooperation Agency’’ and inserting ‘‘or tions and relating to organization of multilat- (1) Reorganization Plan Numbered 2 of 1979 (5 the Administrator of the Agency for Inter- eral efforts aimed at currency stabilization, cur- U.S.C. App.). national Development’’. rency convertibility, debt reduction, and com- (2) Section 1–101 through 1–103, sections 1–401 (7) EXPORT ADMINISTRATION ACT OF 1979.—Sec- prehensive economic reform programs shall con- through 1–403, section 1–801(a), and such other tion 2405(g) of the Export Administration Act of tinue to be primarily the responsibility of the provisions that relate to the United States Inter- 1979 (50 U.S.C. App. 2405(g)) is amended— Secretary of the Treasury. national Development Cooperation Agency or (A) by striking ‘‘Director of the United States (4) AUTHORITIES AND POWERS OF THE SEC- the Director of IDCA, of Executive Order No. International Development Cooperation Agen- RETARY OF STATE.—The powers and authorities 12163 (22 U.S.C. 2381 note; relating to adminis- cy’’ each place it appears and inserting ‘‘Ad- of the Secretary provided in this chapter are in tration of foreign assistance and related func- ministrator of the Agency for International De- addition to the powers and authorities provided tions). velopment’’; and to the Secretary under any other Act, including (3) The International Development Coopera- (B) in the fourth sentence, by striking ‘‘Direc- section 101(b) and section 622(c) of the Foreign tion Agency Delegation of Authority Numbered tor’’ and inserting ‘‘Administrator’’. Assistance Act of 1961 (22 U.S.C. 2151(b), 1 (44 Fed. Reg. 57521), except for section 1–6 of TITLE XV—AGENCY FOR INTERNATIONAL 2382(c)). such Delegation of Authority. DEVELOPMENT (b) COORDINATION ACTIVITIES.—Coordination (4) Section 3 of Executive Order No. 12884 (58 CHAPTER 1—GENERAL PROVISIONS activities of the Secretary of State under sub- Fed. Reg. 64099; relating to the delegation of section (a) shall include— functions under the Freedom for Russia and SEC. 1501. EFFECTIVE DATE. (1) approving an overall assistance and eco- Emerging Eurasian Democracies and Open Mar- This title, and the amendments made by this nomic cooperation strategy; kets Support Act of 1992, the Foreign Assistance title, shall take effect on the earlier of— (2) ensuring program and policy coordination Act of 1961, the Foreign Operations, Export Fi- (1) October 1, 1998; or among agencies of the United States Govern- nancing and Related Programs Appropriations (2) the date of reorganization of the Agency ment in carrying out the policies set forth in the Act, 1993, and section 301 of title 3, United for International Development pursuant to the Foreign Assistance Act of 1961, the Arms Export States Code). reorganization plan described in section 1601. Control Act, and other relevant assistance Acts; (b) OTHER STATUTORY AMENDMENTS AND RE- CHAPTER 2—REORGANIZATION AND (3) pursuing coordination with other countries PEAL.— TRANSFER OF FUNCTIONS and international organizations; and (1) TITLE 5.—Section 7103(a)(2)(B)(iv) of title SEC. 1511. REORGANIZATION OF AGENCY FOR (4) resolving policy, program, and funding dis- 5, United States Code, is amended by striking INTERNATIONAL DEVELOPMENT. putes among United States Government agen- ‘‘United States International Development Co- (a) IN GENERAL.—The Agency for Inter- cies. operation Agency’’ and inserting ‘‘Agency for national Development shall be reorganized in (c) STATUTORY CONSTRUCTION.—Nothing in International Development’’. accordance with this subdivision and the reor- this section may be construed to lessen the ac- (2) INSPECTOR GENERAL ACT OF 1978.—Section ganization plan transmitted pursuant to section countability of any Federal agency administer- 8A of the Inspector General Act of 1978 (5 U.S.C. 1601. ing any program, project, or activity of United App. 3) is amended— (b) FUNCTIONS TO BE TRANSFERRED.—The re- States assistance for any funds made available (A) in subsection (a)— organization of the Agency for International to the Federal agency for that purpose. (i) by striking ‘‘Development’’ through ‘‘(1) Development shall provide, at a minimum, for (d) AUTHORITY TO PROVIDE PERSONNEL OF shall’’ and inserting ‘‘Development shall’’; the transfer to and consolidation with the De- THE AGENCY FOR INTERNATIONAL DEVELOP- (ii) by striking ‘‘; and’’ at the end of sub- partment of State of the following functions of MENT.—The Administrator of the Agency for section (a)(1) and inserting a period; and AID: International Development is authorized to de- (iii) by striking paragraph (2); (1) The Press office. tail to the Department of State on a non- (B) by striking subsections (c) and (f); and (2) Certain administrative functions. reimbursable basis such personnel employed by the Agency as the Secretary of State may re- (C) by redesignating subsections (d), (e), (g), CHAPTER 3—AUTHORITIES OF THE quire to carry out this section. and (h) as subsections (c), (d), (e), and (f), re- SECRETARY OF STATE TITLE XVI—TRANSITION spectively. SEC. 1521. DEFINITION OF UNITED STATES AS- (3) STATE DEPARTMENT BASIC AUTHORITIES ACT SISTANCE. CHAPTER 1—REORGANIZATION PLAN OF 1956.—The State Department Basic Authori- In this chapter, the term ‘‘United States as- SEC. 1601. REORGANIZATION PLAN AND REPORT. ties Act of 1956 is amended— sistance’’ means development and other eco- (a) SUBMISSION OF PLAN AND REPORT.—Not (A) in section 25(f) (22 U.S.C. 2697(f)), as nomic assistance, including assistance made later than 60 days after the date of the enact- amended by this division, by striking ‘‘Director available under the following provisions of law: ment of this Act, the President shall transmit to of the United States International Development (1) Chapter 1 of part I of the Foreign Assist- the appropriate congressional committees a reor- Cooperation Agency’’ and inserting ‘‘Adminis- ance Act of 1961 (relating to development assist- ganization plan and report regarding— trator of the Agency for International Develop- ance). (1) the abolition of the United States Arms ment’’; (2) Chapter 4 of part II of the Foreign Assist- Control and Disarmament Agency, the United (B) in section 26(b) (22 U.S.C. 2698(b)), as ance Act of 1961 (relating to the economic sup- States Information Agency, and the United amended by this division, by striking ‘‘Director port fund). States International Development Cooperation of the United States International Development (3) Chapter 10 of part I of the Foreign Assist- Agency in accordance with this subdivision; Cooperation Agency’’ and inserting ‘‘Adminis- ance Act of 1961 (relating to the Development (2) with respect to the Agency for Inter- trator of the Agency for International Develop- Fund for Africa). national Development, the consolidation and ment’’; and (4) Chapter 11 of part I of the Foreign Assist- streamlining of the Agency and the transfer of (C) in section 32 (22 U.S.C. 2704), by striking ance Act of 1961 (relating to assistance for the certain functions of the Agency to the Depart- ‘‘Director of the United States International De- independent states of the former Soviet Union). ment in accordance with section 1511; November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10739 (3) the termination of functions of each cov- (1) a detailed description of— not authorize the Secretary to modify the terms ered agency as may be necessary to effectuate (A) the actions necessary or planned to com- of any statute that establishes or defines the the reorganization under this subdivision, and plete the reorganization, functions of any bureau, office, or officer of the the termination of the affairs of each agency (B) the anticipated nature and substance of Department. abolished under this subdivision; any orders, directives, and other administrative (b) REQUIREMENTS AND LIMITATIONS ON REOR- (4) the transfer to the Department of the func- and operational actions which are expected to GANIZATION PLAN.—The reorganization plan tions and personnel of each covered agency con- be required for completing or implementing the transmitted under section 1601 may not have the sistent with the provisions of this subdivision; reorganization, and effect of— and (C) any preliminary actions which have been (1) creating a new executive department; (5) the consolidation, reorganization, and taken in the implementation process; (2) continuing a function beyond the period streamlining of the Department in connection (2) the number of personnel and positions of authorized by law for its exercise or beyond the with the transfer of such functions and person- each covered agency (including civil service per- time when it would have terminated if the reor- nel in order to carry out such functions. sonnel, Foreign Service personnel, and ganization had not been made; (b) COVERED AGENCIES.—The agencies covered detailees) that are expected to be transferred to (3) authorizing a Federal agency to exercise a by this section are the following: the Department, separated from service with function which is not authorized by law at the (1) The United States Arms Control and Disar- such agency, or eliminated under the plan, and time the plan is transmitted to Congress; mament Agency. a projected schedule for such transfers, separa- (4) creating a new Federal agency which is (2) The United States Information Agency. tions, and terminations; not a component or part of an existing executive (3) The United States International Develop- (3) the number of personnel and positions of department or independent agency; or ment Cooperation Agency. the Department (including civil service person- (5) increasing the term of an office beyond (4) The Agency for International Develop- nel, Foreign Service personnel, and detailees) that provided by law for the office. ment. that are expected to be transferred within the SEC. 1612. TRANSFER AND ALLOCATION OF AP- (c) PLAN ELEMENTS.—The plan transmitted Department, separated from service with the De- PROPRIATIONS. under subsection (a) shall contain, consistent partment, or eliminated under the plan, and a (a) IN GENERAL.—Except as otherwise pro- with this subdivision, such elements as the projected schedule for such transfers, separa- vided in this subdivision, the assets, liabilities President deems appropriate, including elements tions, and terminations; (including contingent liabilities arising from that— (4) a projected schedule for completion of the suits continued with a substitution or addition (1) identify the functions of each covered implementation process; and of parties under section 1615(e)), contracts, agency that will be transferred to the Depart- (5) recommendations, if any, for legislation property, records, and unexpended balance of ment under the plan; necessary to carry out changes made by this appropriations, authorizations, allocations, and (2) specify the steps to be taken by the Sec- subdivision relating to personnel and to inciden- other funds employed, held, used, arising from, retary of State to reorganize internally the func- tal transfers. available to, or to be made available in connec- tions of the Department, including the consoli- (g) EFFECTIVE DATE.— tion with the functions and offices, or portions dation of offices and functions, that will be re- (1) IN GENERAL.—The reorganization plan de- thereof, transferred by any title of this subdivi- quired under the plan in order to permit the De- scribed in this section, including any modifica- sion shall be transferred to the Secretary for ap- partment to carry out the functions transferred tions or revisions of the plan under subsection propriate allocation. to it under the plan; (e), shall become effective on the earlier of the (b) LIMITATION ON USE OF TRANSFERRED (3) specify the funds available to each covered date for the respective covered agency specified FUNDS.—Except as provided in subsection (c), agency that will be transferred to the Depart- in paragraph (2) or the date announced by the unexpended and unobligated funds transferred ment as a result of the transfer of functions of President under paragraph (3). pursuant to any title of this subdivision shall be such agency to the Department; (2) STATUTORY EFFECTIVE DATES.—The effec- used only for the purposes for which the funds (4) specify the proposed allocations within the tive dates under this paragraph for the reorga- were originally authorized and appropriated. Department of unexpended funds transferred in nization plan described in this section are the (c) FUNDS TO FACILITATE TRANSITION.— connection with the transfer of functions under following: (1) CONGRESSIONAL NOTIFICATION.—Funds the plan; and (A) October 1, 1998, with respect to functions transferred pursuant to subsection (a) may be (5) specify the proposed disposition of the of the Agency for International Development de- available for the purposes of reorganization sub- property, facilities, contracts, records, and other scribed in section 1511. ject to notification of the appropriate congres- assets and liabilities of each covered agency in (B) October 1, 1998, with respect to the aboli- sional committees in accordance with the proce- connection with the transfer of the functions of tion of the United States Arms Control and Dis- dures applicable to a reprogramming of funds such agency to the Department. armament Agency and the United States Inter- under section 34 of the State Department Basic (d) REORGANIZATION PLAN OF AGENCY FOR national Development Cooperation Agency. Authorities Act of 1956 (22 U.S.C. 2706). INTERNATIONAL DEVELOPMENT.—In addition to (C) October 1, 1999, with respect to the aboli- (2) TRANSFER AUTHORITY.—Funds in any ac- applicable provisions of subsection (c), the reor- tion of the United States Information Agency. count appropriated to the Department of State ganization plan transmitted under this section (3) EFFECTIVE DATE BY PRESIDENTIAL DETER- may be transferred to another such account for for the Agency for International Development— MINATION.—An effective date under this para- the purposes of reorganization, subject to notifi- (1) may provide for the abolition of the Agen- graph for a reorganization plan described in cation of the appropriate congressional commit- cy for International Development and the trans- this section is such date as the President shall tees in accordance with the procedures applica- fer of all its functions to the Department of determine to be appropriate and announce by ble to a reprogramming of funds under section State; or notice published in the Federal Register, which 34 of the State Department Basic Authorities (2) in lieu of the abolition and transfer of date may be not earlier than 90 calendar days Act of 1956 (22 U.S.C. 2706). The authority in functions under paragraph (1)— after the President has transmitted the reorga- this paragraph is in addition to any other trans- (A) shall provide for the transfer to and con- nization plan to the appropriate congressional fer authority available to the Secretary of State solidation within the Department of the func- committees pursuant to subsection (a). and shall expire September 30, 2000. tions set forth in section 1511; and (4) STATUTORY CONSTRUCTION.—Nothing in SEC. 1613. TRANSFER, APPOINTMENT, AND AS- (B) may provide for additional consolidation, this subsection may be construed to require the SIGNMENT OF PERSONNEL. reorganization, and streamlining of AID, in- transfer of functions, personnel, records, bal- (a) TRANSFER OF PERSONNEL FROM ACDA AND cluding— ance of appropriations, or other assets of a cov- USIA.—Except as otherwise provided in title (i) the termination of functions and reduc- ered agency on a single date. XIII— tions in personnel of AID; (5) SUPERSEDES EXISTING LAW.—Paragraph (1) (1) not later than the date of abolition of (ii) the transfer of functions of AID, and the shall apply notwithstanding section 905(b) of ACDA, all personnel and positions of ACDA, personnel associated with such functions, to the title 5, United States Code. and Department; and (h) PUBLICATION.—The reorganization plan (2) not later than the date of abolition of (iii) the consolidation, reorganization, and described in this section shall be printed in the USIA, all personnel and positions of USIA, streamlining of the Department upon the trans- Federal Register after the date upon which it shall be transferred to the Department of State fer of such functions and personnel in order to first becomes effective. at the same grade or class and the same rate of carry out the functions transferred. basic pay or basic salary rate and with the same (e) MODIFICATION OF PLAN.—The President CHAPTER 2—REORGANIZATION tenure held immediately preceding transfer. may, on the basis of consultations with the ap- AUTHORITY (b) TRANSFER OF PERSONNEL FROM AID.—Ex- propriate congressional committees, modify or SEC. 1611. REORGANIZATION AUTHORITY. cept as otherwise provided in title XIII, not revise any part of the plan transmitted under (a) IN GENERAL.—The Secretary is authorized, later than the date of transfer of any function subsection (a) until that part of the plan be- subject to the requirements of this subdivision, of AID to the Department of State under this comes effective in accordance with subsection to allocate or reallocate any function trans- subdivision, all AID personnel performing such (g). ferred to the Department under any title of this functions and all positions associated with such (f) REPORT.—The report accompanying the re- subdivision, and to establish, consolidate, alter, functions shall be transferred to the Department organization plan for the Department and the or discontinue such organizational entities of State at the same grade or class and the same covered agencies submitted pursuant to this sec- within the Department as may be necessary or rate of basic pay or basic salary rate and with tion shall describe the implementation of the appropriate to carry out any reorganization the same tenure held immediately preceding plan and shall include— under this subdivision, but this subsection does transfer. H10740 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(c) ASSIGNMENT AUTHORITY.—The Secretary, (3) STATUTORY CONSTRUCTION.—Nothing in SUBDIVISION 2—FOREIGN RELATIONS for a period of not more than 6 months com- this subdivision shall be deemed to prohibit the AUTHORIZATION mencing on the effective date of the transfer to discontinuance or modification of any such pro- TITLE XX—GENERAL PROVISIONS the Department of State of personnel under sub- ceeding under the same terms and conditions SEC. 2001. SHORT TITLE. sections (a) and (b), is authorized to assign such and to the same extent that such proceeding This subdivision may be cited as the ‘‘Foreign personnel to any position or set of duties in the could have been discontinued or modified if this Relations Authorization Act, Fiscal Years 1998 Department of State regardless of the position subdivision had not been enacted. and 1999’’. held or duties performed by such personnel prior (4) REGULATIONS.—The Secretary is author- to transfer, except that, by virtue of such as- SEC. 2002. DEFINITION OF APPROPRIATE CON- ized to promulgate regulations providing for the GRESSIONAL COMMITTEES. signment, such personnel shall not have their orderly transfer of proceedings continued under In this subdivision, the term ‘‘appropriate grade or class or their rate of basic pay or basic this subsection to the Department. congressional committees’’ means the Committee salary rate reduced, nor their tenure changed. on International Relations and the Committee The Secretary shall consult with the relevant (c) NO EFFECT ON JUDICIAL OR ADMINISTRA- on Appropriations of the House of Representa- exclusive representatives (as defined in section TIVE PROCEEDINGS.—Except as provided in sub- tives and the Committee on Foreign Relations 1002 of the Foreign Service Act and in section section (e) and section 1327(d)— and the Committee on Appropriations of the 7103 of title 5, United States Code) with regard (1) the provisions of this subdivision shall not Senate. to the exercise of this authority. This subsection affect suits commenced prior to the effective does not authorize the Secretary to assign any dates of the respective titles of this subdivision; TITLE XXI—AUTHORIZATION OF APPRO- individual to any position that by law requires and PRIATIONS FOR DEPARTMENT OF STATE appointment by the President, by and with the SEC. 2101. ADMINISTRATION OF FOREIGN AF- (2) in all such suits, proceedings shall be had, FAIRS. advice and consent of the Senate. appeals taken, and judgments rendered in the (d) SUPERSEDING OTHER PROVISIONS OF The following amounts are authorized to be same manner and effect as if this subdivision LAW.—Subsections (a) through (c) shall be exer- appropriated for the Department of State under had not been enacted. cised notwithstanding any other provision of ‘‘Administration of Foreign Affairs’’ to carry law. (d) NONABATEMENT OF PROCEEDINGS.—No out the authorities, functions, duties, and re- SEC. 1614. INCIDENTAL TRANSFERS. suit, action, or other proceeding commenced by sponsibilities in the conduct of the foreign af- The Director of the Office of Management and or against any officer in the official capacity of fairs of the United States and for other purposes Budget, when requested by the Secretary, is au- such individual as an officer of any Federal authorized by law, including the diplomatic se- thorized to make such incidental dispositions of agency, or any commission or component there- curity program: personnel, assets, liabilities, grants, contracts, of, functions of which are transferred by any (1) DIPLOMATIC AND CONSULAR PROGRAMS.— property, records, and unexpended balances of title of this subdivision, shall abate by reason of For ‘‘Diplomatic and Consular Programs’’, of appropriations, authorizations, allocations, and the enactment of this subdivision. No cause of the Department of State $1,746,977,000 for the other funds held, used, arising from, available action by or against any Federal agency, or any fiscal year 1998. (2) SALARIES AND EXPENSES.— to, or to be made available in connection with commission or component thereof, functions of (A) AUTHORIZATION OF APPROPRIATIONS.—For such functions, as may be necessary to carry which are transferred by any title of this sub- ‘‘Salaries and Expenses’’, of the Department of out the provisions of any title of this subdivi- division, or by or against any officer thereof in State $363,513,000 for the fiscal year 1998. sion. The Director of the Office of Management the official capacity of such officer shall abate by reason of the enactment of this subdivision. (B) LIMITATIONS.—Of the amounts authorized and Budget, in consultation with the Secretary, to be appropriated by subparagraph (A) (e) CONTINUATION OF PROCEEDING WITH SUB- shall provide for the termination of the affairs $2,000,000 for fiscal year 1998 are authorized to STITUTION OF PARTIES.—If, before the effective of all entities terminated by this subdivision and be appropriated only for the recruitment of mi- date of any title of this subdivision, any Federal for such further measures and dispositions as norities for careers in the Foreign Service and agency, or officer thereof in the official capacity may be necessary to effectuate the purposes of international affairs. any title of this subdivision. of such officer, is a party to a suit, and under (3) CAPITAL INVESTMENT FUND.—For ‘‘Capital SEC. 1615. SAVINGS PROVISIONS. this subdivision any function of such depart- Investment Fund’’, of the Department of State (a) CONTINUING LEGAL FORCE AND EFFECT.— ment, agency, or officer is transferred to the $86,000,000 for the fiscal year 1998. Secretary or any other official of the Depart- All orders, determinations, rules, regulations, (4) SECURITY AND MAINTENANCE OF BUILDINGS ment, then effective on such date such suit shall permits, agreements, grants, contracts, certifi- ABROAD.—(A) For ‘‘Security and Maintenance cates, licenses, registrations, privileges, and be continued with the Secretary or other appro- of Buildings Abroad’’, $404,000,000 for the fiscal other administrative actions— priate official of the Department substituted or year 1998. (1) that have been issued, made, granted, or added as a party. (B) Of the amounts authorized to be appro- allowed to become effective by the President, (f) REVIEWABILITY OF ORDERS AND ACTIONS priated for the period ending September 30, 1999, any Federal agency or official thereof, or by a UNDER TRANSFERRED FUNCTIONS.—Orders and by subparagraph (A), up to $90,000,000 are au- court of competent jurisdiction, in the perform- actions of the Secretary in the exercise of func- thorized to be appropriated for the renovation, ance of functions that are transferred under tions transferred under any title of this subdivi- acquisition, and construction of housing and se- any title of this subdivision; and sion shall be subject to judicial review to the cure diplomatic facilities at the United States (2) that are in effect as of the effective date of same extent and in the same manner as if such Embassy in Beijing, and the United States Con- such title, or were final before the effective date orders and actions had been by the Federal sulate in Shanghai, the People’s Republic of of such title and are to become effective on or agency or office, or part thereof, exercising such China. after the effective date of such title, functions immediately preceding their transfer. (5) REPRESENTATION ALLOWANCES.—For ‘‘Rep- shall continue in effect according to their terms Any statutory requirements relating to notice, resentation Allowances’’, $4,300,000 for the fis- until modified, terminated, superseded, set hearings, action upon the record, or administra- cal year 1998. aside, or revoked in accordance with law by the tive review that apply to any function trans- (6) EMERGENCIES IN THE DIPLOMATIC AND CON- President, the Secretary, or other authorized of- ferred by any title of this subdivision shall SULAR SERVICE.—For ‘‘Emergencies in the Diplo- ficial, a court of competent jurisdiction, or by apply to the exercise of such function by the matic and Consular Service’’, $5,500,000 for the operation of law. Secretary. fiscal year 1998. (b) PENDING PROCEEDINGS.— (7) OFFICE OF THE INSPECTOR GENERAL.—For (1) IN GENERAL.—The provisions of any title of SEC. 1616. AUTHORITY OF SECRETARY OF STATE ‘‘Office of the Inspector General’’, $28,300,000 this subdivision shall not affect any proceed- TO FACILITATE TRANSITION. for the fiscal year 1998. ings, including notices of proposed rulemaking, Notwithstanding any provision of this sub- (8) PAYMENT TO THE AMERICAN INSTITUTE IN or any application for any license, permit, cer- division, the Secretary of State, with the con- TAIWAN.—For ‘‘Payment to the American Insti- tificate, or financial assistance pending on the currence of the head of the appropriate Federal tute in Taiwan’’, $14,490,000 for the fiscal year effective date of any title of this subdivision be- agency exercising functions transferred under 1998. fore any Federal agency, commission, or compo- this subdivision, may transfer the whole or part (9) PROTECTION OF FOREIGN MISSIONS AND OF- nent thereof, functions of which are transferred of such functions prior to the effective dates es- FICIALS.—(A) For ‘‘Protection of Foreign Mis- by any title of this subdivision. Such proceed- tablished in this subdivision, including the sions and Officials’’, $7,900,000 for the fiscal ings and applications, to the extent that they transfer of personnel and funds associated with year 1998. relate to functions so transferred, shall be con- such functions. (B) Each amount appropriated pursuant to tinued. this paragraph is authorized to remain available SEC. 1617. FINAL REPORT. (2) ORDERS, APPEALS, PAYMENTS.—Orders through September 30 of the fiscal year follow- shall be issued in such proceedings, appeals Not later than January 1, 2001, the President, ing the fiscal year for which the amount appro- shall be taken therefrom, and payments shall be in consultation with the Secretary of the Treas- priated was made. made pursuant to such orders, as if this subdivi- ury and the Director of the Office of Manage- (10) REPATRIATION LOANS.—For ‘‘Repatriation sion had not been enacted. Orders issued in any ment and Budget, shall submit to the appro- Loans’’, $1,200,000 for the fiscal year 1998. such proceedings shall continue in effect until priate congressional committees a report which SEC. 2102. INTERNATIONAL COMMISSIONS. modified, terminated, superseded, or revoked by provides a final accounting of the finances and The following amounts are authorized to be the Secretary, by a court of competent jurisdic- operations of the agencies abolished under this appropriated under ‘‘International Commis- tion, or by operation of law. subdivision. sions’’ for the Department of State to carry out November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10741

the authorities, functions, duties, and respon- any narcotics-related offense if that offense in- ‘‘(4) NONDELEGATION OF AUTHORITY.—The au- sibilities in the conduct of the foreign affairs of volves or is a significant part of conduct that in- thority to approve rewards of more than $100,000 the United States and for other purposes au- volves— set forth in paragraph (2) may not be delegated. thorized by law: ‘‘(A) a violation of United States narcotics ‘‘(5) PROTECTION MEASURES.—If the Secretary (1) INTERNATIONAL BOUNDARY AND WATER laws such that the individual would be a major determines that the identity of the recipient of a COMMISSION, UNITED STATES AND MEXICO.—For violator of such laws; reward or of the members of the recipient’s im- ‘‘International Boundary and Water Commis- ‘‘(B) the killing or kidnapping of— mediate family must be protected, the Secretary sion, United States and Mexico’’— ‘‘(i) any officer, employee, or contract em- may take such measures in connection with the (A) for ‘‘Salaries and Expenses’’ $18,200,000 ployee of the United States Government while payment of the reward as he considers nec- for the fiscal year 1998; and such individual is engaged in official duties, or essary to effect such protection. (B) for ‘‘Construction’’ $6,463,000 for the fiscal on account of that individual’s official duties, ‘‘(f) INELIGIBILITY.—An officer or employee of year 1998. in connection with the enforcement of United any entity of Federal, State, or local govern- (2) INTERNATIONAL BOUNDARY COMMISSION, States narcotics laws or the implementing of ment or of a foreign government who, while in UNITED STATES AND CANADA.—For ‘‘Inter- United States narcotics control objectives; or the performance of his or her official duties, fur- national Boundary Commission, United States ‘‘(ii) a member of the immediate family of any nishes information described in subsection (b) and Canada’’, $785,000 for the fiscal year 1998. such individual on account of that individual’s shall not be eligible for a reward under this sec- (3) INTERNATIONAL JOINT COMMISSION.—For official duties, in connection with the enforce- tion. ‘‘International Joint Commission’’, $3,225,000 for ment of United States narcotics laws or the im- ‘‘(g) REPORTS.— the fiscal year 1998. plementing of United States narcotics control ‘‘(1) REPORTS ON PAYMENT OF REWARDS.—Not (4) INTERNATIONAL FISHERIES COMMISSIONS.— objectives; or later than 30 days after the payment of any re- For ‘‘International Fisheries Commissions’’, ‘‘(C) an attempt or conspiracy to commit any ward under this section, the Secretary shall sub- $14,549,000 for the fiscal year 1998. act described in subparagraph (A) or (B); mit a report to the appropriate congressional SEC. 2103. GRANTS TO THE ASIA FOUNDATION. ‘‘(4) the arrest or conviction in any country of committees with respect to such reward. The re- Section 404 of The Asia Foundation Act (title any individual aiding or abetting in the commis- port, which may be submitted in classified form IV of Public Law 98–164) is amended to read as sion of an act described in paragraph (1), (2), or if necessary, shall specify the amount of the re- follows: (3); or ward paid, to whom the reward was paid, and ‘‘(5) the prevention, frustration, or favorable ‘‘SEC. 404. There are authorized to be appro- the acts with respect to which the reward was priated to the Secretary of State $10,000,000 for resolution of an act described in paragraph (1), paid. The report shall also discuss the signifi- the fiscal year 1998 for grants to The Asia Foun- (2), or (3). cance of the information for which the reward ‘‘(c) COORDINATION.— dation pursuant to this title.’’. was paid in dealing with those acts. ‘‘(1) PROCEDURES.—To ensure that the pay- ‘‘(2) ANNUAL REPORTS.—Not later than 60 days TITLE XXII—DEPARTMENT OF STATE ment of rewards pursuant to this section does AUTHORITIES AND ACTIVITIES after the end of each fiscal year, the Secretary not duplicate or interfere with the payment of shall submit a report to the appropriate congres- CHAPTER 1—AUTHORITIES AND informants or the obtaining of evidence or infor- sional committees with respect to the operation ACTIVITIES mation, as authorized to the Department of Jus- of the rewards program. The report shall pro- SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF tice, the offering, administration, and payment vide information on the total amounts expended STATE FOR ASSISTANCE TO OVER- of rewards under this section, including proce- during the fiscal year ending in that year to SEAS EDUCATIONAL FACILITIES. dures for— carry out this section, including amounts ex- ‘‘(A) identifying individuals, organizations, Section 29 of the State Department Basic Au- pended to publicize the availability of rewards. and offenses with respect to which rewards will thorities Act of 1956 (22 U.S.C. 2701) is amended ‘‘(h) PUBLICATION REGARDING REWARDS OF- be offered; by adding at the end the following: ‘‘Notwith- FERED BY FOREIGN GOVERNMENTS.—Notwith- ‘‘(B) the publication of rewards; standing any other provision of law, where the standing any other provision of this section, in child of a United States citizen employee of an ‘‘(C) the offering of joint rewards with foreign governments; the sole discretion of the Secretary, the re- agency of the United States Government who is sources of the rewards program shall be avail- stationed outside the United States attends an ‘‘(D) the receipt and analysis of data; and ‘‘(E) the payment and approval of payment, able for the publication of rewards offered by educational facility assisted by the Secretary of shall be governed by procedures developed by foreign governments regarding acts of inter- State under this section, the head of that agen- the Secretary of State, in consultation with the national terrorism which do not involve United cy is authorized to reimburse, or credit with ad- Attorney General. States persons or property or a violation of the vance payment, the Department of State for ‘‘(2) PRIOR APPROVAL OF ATTORNEY GENERAL narcotics laws of the United States. funds used in providing assistance to such edu- REQUIRED.—Before making a reward under this ‘‘(i) DETERMINATIONS OF THE SECRETARY.—A cational facilities, by grant or otherwise, under section in a matter over which there is Federal determination made by the Secretary under this this section.’’. criminal jurisdiction, the Secretary of State section shall be final and conclusive and shall SEC. 2202. REVISION OF DEPARTMENT OF STATE shall obtain the concurrence of the Attorney not be subject to judicial review. REWARDS PROGRAM. General. ‘‘(j) DEFINITIONS.—As used in this section: Section 36 of the State Department Basic Au- ‘‘(d) FUNDING.— ‘‘(1) ACT OF INTERNATIONAL TERRORISM.—The thorities Act of 1956 (22 U.S.C. 2708) is amended ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— term ‘act of international terrorism’ includes— to read as follows: Notwithstanding section 102 of the Foreign Re- ‘‘(A) any act substantially contributing to the ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PRO- lations Authorization Act, Fiscal Years 1986 and acquisition of unsafeguarded special nuclear GRAM. 1987 (Public Law 99–93; 99 Stat. 408), but subject material (as defined in paragraph (8) of section ‘‘(a) ESTABLISHMENT.— to paragraph (2), there are authorized to be ap- 830 of the Nuclear Proliferation Prevention Act ‘‘(1) IN GENERAL.—There is established a pro- propriated to the Department of State from time of 1994 (22 U.S.C. 3201 note)) or any nuclear ex- gram for the payment of rewards to carry out to time such amounts as may be necessary to plosive device (as defined in paragraph (4) of the purposes of this section. carry out this section. that section) by an individual, group, or non- ‘‘(2) PURPOSE.—The rewards program shall be ‘‘(2) LIMITATION.—No amount of funds may be nuclear-weapon state (as defined in paragraph designed to assist in the prevention of acts of appropriated under paragraph (1) which, when (5) of that section); and international terrorism, international narcotics added to the unobligated balance of amounts ‘‘(B) any act, as determined by the Secretary, trafficking, and other related criminal acts. previously appropriated to carry out this sec- which materially supports the conduct of inter- ‘‘(3) IMPLEMENTATION.—The rewards program tion, would cause such amounts to exceed national terrorism, including the counterfeiting shall be administered by the Secretary of State, $15,000,000. of United States currency or the illegal use of in consultation, as appropriate, with the Attor- ‘‘(3) ALLOCATION OF FUNDS.—To the maximum other monetary instruments by an individual, ney General. extent practicable, funds made available to group, or country supporting international ter- ‘‘(b) REWARDS AUTHORIZED.—In the sole dis- carry out this section should be distributed rorism as determined for purposes of section cretion of the Secretary (except as provided in equally for the purpose of preventing acts of 6(j)(1)(A) of the Export Administration Act of subsection (c)(2)) and in consultation, as appro- international terrorism and for the purpose of 1979 (50 U.S.C. App. 2405(j)(1)(A)). priate, with the Attorney General, the Secretary preventing international narcotics trafficking. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- may pay a reward to any individual who fur- ‘‘(4) PERIOD OF AVAILABILITY.—Amounts ap- TEES.—The term ‘appropriate congressional com- nishes information leading to— propriated under paragraph (1) shall remain mittees’ means the Committee on International ‘‘(1) the arrest or conviction in any country of available until expended. Relations and the Committee on Appropriations any individual for the commission of an act of ‘‘(e) LIMITATIONS AND CERTIFICATION.— of the House of Representatives and the Com- international terrorism against a United States ‘‘(1) MAXIMUM AMOUNT.—No reward paid mittee on Foreign Relations and the Committee person or United States property; under this section may exceed $2,000,000. on Appropriations of the Senate. ‘‘(2) the arrest or conviction in any country of ‘‘(2) APPROVAL.—A reward under this section ‘‘(3) MEMBER OF THE IMMEDIATE FAMILY.— any individual conspiring or attempting to com- of more than $100,000 may not be made without The term ‘member of the immediate family’, with mit an act of international terrorism against a the approval of the Secretary. respect to an individual, includes— United States person or United States property; ‘‘(3) CERTIFICATION FOR PAYMENT.—Any re- ‘‘(A) a spouse, parent, brother, sister, or child ‘‘(3) the arrest or conviction in any country of ward granted under this section shall be ap- of the individual; any individual for committing, primarily outside proved and certified for payment by the Sec- ‘‘(B) a person with respect to whom the indi- the territorial jurisdiction of the United States, retary. vidual stands in loco parentis; and H10742 CONGRESSIONAL RECORD — HOUSE November 12, 1997 ‘‘(C) any person not covered by subparagraph partment and of other agencies in the field of amended by this division, is further amended by (A) or (B) who is living in the individual’s foreign relations. adding at the end the following new section: household and is related to the individual by ‘‘(5) In this subsection, the term ‘United ‘‘SEC. 55. ACCOUNTING OF COLLECTIONS IN blood or marriage. States person’ means— BUDGET PRESENTATION DOCU- ‘‘(4) REWARDS PROGRAM.—The term ‘rewards ‘‘(A) any individual who is a citizen or na- MENTS. program’ means the program established in sub- tional of the United States; or ‘‘The Secretary shall include in the annual section (a)(1). ‘‘(B) any corporation, company, partnership, Congressional Presentation Document and the ‘‘(5) UNITED STATES NARCOTICS LAWS.—The association, or other legal entity that is 50 per- Budget in Brief a detailed accounting of the– term ‘United States narcotics laws’ means the cent or more beneficially owned by citizens or total collections received by the Department of laws of the United States for the prevention and nationals of the United States. State from all sources, including fee collections. ‘‘(f)(1) The Secretary is authorized to provide, control of illicit trafficking in controlled sub- Reporting on total collections shall also cover on a reimbursable basis, training programs to stances (as such term is defined in section 102(6) collections from the preceding fiscal year and Members of Congress or the Judiciary. of the Controlled Substances Act (21 U.S.C. ‘‘(2) Employees of the legislative branch and the projected expenditures from all collections 802(6))). employees of the judicial branch may partici- accounts.’’. ‘‘(6) UNITED STATES PERSON.—The term ‘Unit- pate, on a reimbursable basis, in training pro- SEC. 2208. OFFICE OF THE INSPECTOR GENERAL. ed States person’ means— grams offered by the institution. (a) PROCEDURES.—Section 209(c) of the For- ‘‘(A) a citizen or national of the United ‘‘(3) Reimbursements collected under this sub- eign Service Act of 1980 (22 U.S.C. 3929(c)) is States; and section shall be credited to the currently avail- amended by adding at the end the following: ‘‘(B) an alien lawfully present in the United able applicable appropriation account. ‘‘(4) The Inspector General shall develop and States.’’. ‘‘(4) Training under this subsection is author- provide to employees— SEC. 2203. RETENTION OF ADDITIONAL DEFENSE ized only to the extent that it will not interfere ‘‘(A) information detailing their rights to TRADE CONTROLS REGISTRATION with the institution’s primary mission of train- counsel; and FEES. ing employees of the Department and of other ‘‘(B) guidelines describing in general terms the Section 45(a) of the State Department Basic agencies in the field of foreign relations.’’. policies and procedures of the Office of Inspec- Authorities Act of 1956 (22 U.S.C. 2717(a)) is (2) EFFECTIVE DATE.—The amendments made tor General with respect to individuals under in- amended— by paragraph (1) shall take effect on October 1, vestigation other than matters exempt from dis- (1) by striking ‘‘$700,000 of the’’ and inserting 1997. closure under other provisions of law.’’. ‘‘all’’; (3) TERMINATION OF PILOT PROGRAM.—Effec- (b) NOTICE.—Section 209(e) of the Foreign (2) at the end of paragraph (1), by striking tive October 1, 2001, section 701 of the Foreign Service Act of 1980 (22 U.S.C. 3929(e)) is amend- ‘‘and’’; Service Act of 1980 (22 U.S.C. 4021), as amended ed by adding at the end the following new para- (3) in paragraph (2)— by this subsection, is further amended— graph: (A) by striking ‘‘functions’’ and inserting (A) by striking subsections (e) and (f); and ‘‘(3) The Inspector General shall ensure that (B) by redesignating subsection (g) as para- ‘‘functions, including compliance and enforce- only officials from the Office of the Inspector graph (4) of subsection (d). ment activities,’’; and General may participate in formal interviews or (b) FEES FOR USE OF NATIONAL FOREIGN AF- (B) by striking the period at the end and in- other formal meetings with the individual who serting ‘‘; and’’; and FAIRS TRAINING CENTER.—Title I of the State Department Basic Authorities Act of 1956 (22 is the subject of an investigation, other than an (4) by adding at the end the following new intelligence-related or sensitive undercover in- paragraph: U.S.C. 2651a et seq.) is amended by adding at the end the following new section: vestigation, or except in those situations when ‘‘(3) the enhancement of defense trade export the Inspector General has a reasonable basis to compliance and enforcement activities, includ- ‘‘SEC. 53. FEES FOR USE OF THE NATIONAL FOR- EIGN AFFAIRS TRAINING CENTER. believe that such notice would cause tampering ing compliance audits of United States and for- ‘‘The Secretary is authorized to charge a fee with witnesses, destroying evidence, or endan- eign parties, the conduct of administrative pro- for use of the National Foreign Affairs Training gering the lives of individuals, unless that indi- ceedings, monitoring of end-uses in cases of di- Center of the Department of State. Amounts col- vidual receives prior adequate notice regarding rect commercial arms sales or other transfers, lected under this section (including reimburse- participation by officials of any other agency, and cooperation in proceedings for enforcement ments and surcharges) shall be deposited as an including the Department of Justice, in such of criminal laws related to defense trade export offsetting collection to any Department of State interviews or meetings.’’. controls.’’. appropriation to recover the costs of such use (c) REPORT.— SEC. 2204. FEES FOR COMMERCIAL SERVICES. and shall remain available for obligation until (1) IN GENERAL.—Not later than April 30, 1998, Section 52(b) of the State Department Basic expended.’’. the Inspector General of the Department of Authorities Act of 1956 (22 U.S.C. 2724(b)) is (c) REPORTING ON PILOT PROGRAM.—Two State and the Foreign Service shall submit a re- amended by adding at the end the following: years after the date of enactment of this Act, port to the appropriate congressional committees ‘‘Funds deposited under this subsection shall re- the Secretary of State shall submit a report to which includes the following: main available for obligation through September the appropriate congressional committees con- (A) Detailed descriptions of the internal guid- 30 of the fiscal year following the fiscal year in taining— ance developed or used by the Office of the In- which the funds were deposited.’’. (1) the number of persons who have taken ad- spector General with respect to public disclosure SEC. 2205. PILOT PROGRAM FOR FOREIGN AF- vantage of the pilot program established under of any information related to an ongoing inves- FAIRS REIMBURSEMENT. subsections (e) and (f) of section 701 of the For- tigation of any officer or employee of the De- (a) FOREIGN AFFAIRS REIMBURSEMENT.— eign Service Act of 1980 and section 53 of the partment of State, the United States Informa- (1) IN GENERAL.—Section 701 of the Foreign State Department Basic Authorities Act of 1956, tion Agency, or the United States Arms Control Service Act of 1980 (22 U.S.C. 4021) is amended— as added by this section; and Disarmament Agency. (A) by redesignating subsection (d)(4) as sub- (2) the business or government affiliation of (B) Detailed descriptions of those instances section (g); and such persons; for the year ending December 31, 1997, in which (3) the amount of fees collected; and any disclosure of information to the public by (B) by inserting after subsection (d) the fol- (4) the impact of the program on the primary an employee of the Office of Inspector General lowing new subsections: mission of the National Foreign Affairs Training about an ongoing investigation occurred, in- ‘‘(e)(1) The Secretary may provide appropriate Center. training or related services, except foreign lan- cluding details on the recipient of the informa- SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEP- tion, the date of the disclosure, and the internal guage training, through the institution to any TION ROOMS. clearance process for the disclosure. United States person (or any employee or family Title I of the State Department Basic Authori- (2) STATUTORY CONSTRUCTION.—Disclosure of member thereof) that is engaged in business ties Act of 1956 (22 U.S.C. 2651a et seq.), as information to the public under this section abroad. amended by this division, is further amended by shall not be construed to include information ‘‘(2) The Secretary may provide job-related adding at the end the following new section: shared with Congress by an employee of the Of- training or related services, including foreign ‘‘SEC. 54. FEE FOR USE OF DIPLOMATIC RECEP- language training, through the institution to a TION ROOMS. fice of the Inspector General. United States person under contract to provide ‘‘The Secretary is authorized to charge a fee SEC. 2209. CAPITAL INVESTMENT FUND. services to the United States Government or to for use of the diplomatic reception rooms of the Section 135 of the Foreign Relations Author- any employee thereof that is performing such Department of State. Amounts collected under ization Act, Fiscal Years 1994 and 1995 (22 services. this section (including reimbursements and sur- U.S.C. 2684a) is amended— ‘‘(3) Training under this subsection may be charges) shall be deposited as an offsetting col- (1) in subsection (a), by inserting ‘‘and en- provided only to the extent that space is avail- lection to any Department of State appropria- hancement’’ after ‘‘procurement’’; able and only on a reimbursable or advance-of- tion to recover the costs of such use and shall (2) in subsection (c), by striking ‘‘are author- funds basis. Reimbursements and advances shall remain available for obligation until ex- ized to’’ and inserting ‘‘shall’’; be credited to the currently available applicable pended.’’. (3) in subsection (d), by striking ‘‘for expendi- appropriation account. SEC. 2207. ACCOUNTING OF COLLECTIONS IN ture to procure capital equipment and informa- ‘‘(4) Training and related services under this BUDGET PRESENTATION DOCU- tion technology’’ and inserting ‘‘for purposes of subsection is authorized only to the extent that MENTS. subsection (a)’’; and it will not interfere with the institution’s pri- Title I of the State Department Basic Authori- (4) by amending subsection (e) to read as fol- mary mission of training employees of the De- ties Act of 1956 (22 U.S.C. 2651a et seq.), as lows: November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10743

‘‘(e) REPROGRAMMING PROCEDURES.—Funds to, or enter into contracts or agreements with, to establish an information system or improve credited to the Capital Investment Fund shall any individual, corporation, other Federal, existing information systems containing com- not be available for obligation or expenditure State, or local agency, or private entity or orga- prehensive information on serious crimes com- except in compliance with the procedures appli- nization in the United States for purposes of ac- mitted by foreign nationals. The information cable to reprogramming notifications under sec- complishing its responsibilities under the Con- system shall be available to United States em- tion 34 of the State Department Basic Authori- vention and this Act.’’. bassies and missions abroad for use in consider- ties Act of 1956 (22 U.S.C. 2706).’’. SEC. 2214. COUNTERDRUG AND ANTICRIME AC- ation of applications for visas for entry into the SEC. 2210. CONTRACTING FOR LOCAL GUARDS TIVITIES OF THE DEPARTMENT OF United States. SERVICES OVERSEAS. STATE. (2) REPORT.—Not later than 180 days after the Section 136(c) of the Foreign Relations Au- (a) COUNTERDRUG AND LAW ENFORCEMENT date of enactment of this Act, the Secretary thorization Act, Fiscal Years 1990 and 1991 (22 STRATEGY.— shall submit to the appropriate congressional U.S.C. 4864(c)) is amended— (1) REQUIREMENT.—Not later than 180 days committees a report on the actions taken under (1) by amending paragraph (3) to read as fol- after the date of enactment of this Act, the Sec- paragraph (1). lows: retary of State shall establish, implement, and (c) OVERSEAS COORDINATION OF COUNTERDRUG ‘‘(3) in evaluating proposals for such con- submit to Congress a comprehensive, long-term AND ANTICRIME PROGRAMS, POLICY, AND ASSIST- tracts, award contracts to the technically ac- strategy to carry out the counterdrug respon- ANCE.— ceptable firm offering the lowest evaluated sibilities of the Department of State in a manner (1) STRENGTHENING COORDINATION.—The re- price, except that proposals of United States consistent with the National Drug Control sponsibilities of every diplomatic mission of the persons and qualified United States joint ven- Strategy. The strategy shall involve all elements United States shall include the strengthening of ture persons (as defined in subsection (d)) shall of the Department in the United States and cooperation between and among the United be evaluated by reducing the bid price by 10 per- abroad. States and foreign governmental entities and cent;’’; (2) OBJECTIVES.—In establishing the strategy, multilateral entities with respect to activities re- (2) by inserting ‘‘and’’ at the end of para- the Secretary shall— lating to international narcotics and crime. (A) coordinate with the Office of National graph (5); (2) DESIGNATION OF OFFICERS.— Drug Control Policy in the development of clear, (3) by striking ‘‘; and’’ at the end of para- (A) IN GENERAL.—Consistent with existing specific, and measurable counterdrug objectives graph (6) and inserting a period; and memoranda of understanding between the De- for the Department that support the goals and (4) by striking paragraph (7). partment of State and other departments and objectives of the National Drug Control Strat- SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS agencies of the United States, including the De- egy; SETTLEMENT COMMISSION. partment of Justice, the chief of mission of every (B) develop specific and, to the maximum ex- Section 4(a) of the International Claims Set- diplomatic mission of the United States shall tent practicable, quantifiable measures of per- tlement Act of 1949 (22 U.S.C. 1623(a)) is amend- designate an officer or officers within the mis- formance relating to the objectives, including ed— sion to carry out the responsibility of the mis- annual and long-term measures of performance, (1) by redesignating paragraphs (1) and (2) as sion under paragraph (1), including the coordi- for purposes of assessing the success of the De- subparagraphs (A) and (B), respectively; nation of counterdrug, law enforcement, rule of (2) in the first sentence, by striking ‘‘(a) The’’ partment in meeting the objectives; (C) assign responsibilities for meeting the ob- law, and administration of justice programs, and all that follows through the period and in- jectives to appropriate elements of the Depart- policy, and assistance. Such officer or officers serting the following: ment; shall report to the chief of mission, or the des- ‘‘(a)(1) The Commission shall have jurisdic- (D) develop an operational structure within ignee of the chief of mission, on a regular basis tion to receive, examine, adjudicate, and render the Department that minimizes impediments to regarding activities undertaken in carrying out a final decision with respect to any claim of the meeting the objectives; such responsibility. Government of the United States or of any na- (E) ensure that every United States ambas- (B) REPORTS.—The chief of mission of every tional of the United States— sador or chief of mission is fully briefed on the diplomatic mission of the United States shall ‘‘(A) included within the terms of the Yugo- strategy, and works to achieve the objectives; submit to the Secretary on a regular basis a re- slav Claims Agreement of 1948; and port on the actions undertaken by the mission to ‘‘(B) included within the terms of any claims (F) ensure that— carry out such responsibility. agreement concluded on or after March 10, 1954, (i) all budgetary requests and transfers of (3) REPORT TO CONGRESS.—Not later than 180 between the Government of the United States equipment (including the financing of foreign days after the date of enactment of this Act, the and a foreign government (exclusive of govern- military sales and the transfer of excess defense Secretary shall submit to the Committee on For- ments against which the United States declared articles) relating to international counterdrug eign Relations of the Senate and the Committee the existence of a state of war during World efforts conforms with the objectives; and on International Relations of the House of Rep- War II) similarly providing for the settlement (ii) the recommendations of the Department resentatives a report on the status of any pro- and discharge of claims of the Government of regarding certification determinations made by posals for action or on action undertaken to im- the United States and of nationals of the United the President on March 1 as to the counterdrug prove staffing and personnel management at States against a foreign government, arising out cooperation, or adequate steps on its own, of diplomatic missions of the United States in order of the nationalization or other taking of prop- each major illicit drug producing and drug traf- to carry out the responsibility set forth in para- erty, by the agreement of the Government of the ficking country to achieve full compliance with graph (1). United States to accept from that government a the goals and objectives established by the Unit- SEC. 2215. ANNUAL REPORT ON OVERSEAS SUR- sum in en bloc settlement thereof; or ed Nations Convention Against Illicit Traffic in PLUS PROPERTIES. ‘‘(C) included in a category of claims against Narcotic Drugs and Psychotropic Substances The Foreign Service Buildings Act, 1926 (22 a foreign government which is referred to the also conform to meet such objectives. U.S.C. 292 et seq.) is amended by adding at the Commission by the Secretary of State.’’; and (3) REPORTS.—Not later than February 15 of end the following new section: (3) by redesignating the second sentence as each year subsequent to the submission of the ‘‘SEC. 12. Not later than March 1 of each year, paragraph (2). strategy described in paragraph (1), the Sec- the Secretary of State shall submit to Congress SEC. 2212. EXPENSES RELATING TO CERTAIN retary shall submit to Congress an update of the a report listing overseas United States surplus INTERNATIONAL CLAIMS AND PRO- strategy. The update shall include— properties that are administered under this Act CEEDINGS. (A) an outline of the proposed activities with and that have been identified for sale.’’. (a) RECOVERY OF CERTAIN EXPENSES.—The respect to the strategy during the succeeding SEC. 2216. HUMAN RIGHTS REPORTS. Department of State Appropriation Act of 1937 year, including the manner in which such ac- (22 U.S.C. 2661) is amended in the fifth undesig- tivities will meet the objectives set forth in para- Section 116(d) of the Foreign Assistance Act of nated paragraph under the heading entitled graph (2); and 1961 (22 U.S.C. 2151n(d)) is amended— ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by in- (B) detailed information on how certification (1) by striking ‘‘January 31’’ and inserting serting ‘‘(including such expenses as salaries determinations described in paragraph (2)(F) ‘‘February 25’’; and other personnel expenses)’’ after ‘‘extraor- made the previous year affected achievement of (2) redesignating paragraphs (3), (4), and (5) dinary expenses’’. the objectives set forth in paragraph (2) for the as paragraphs (4), (5), and (6), respectively; and (b) PROCUREMENT OF SERVICES.—Section 38(c) previous calendar year. (3) by inserting after paragraph (2) the follow- of the State Department Basic Authorities Act of (4) LIMITATION ON DELEGATION.—The Sec- ing new paragraph: 1956 (22 U.S.C. 2710(c)) is amended in the first retary shall designate an official in the Depart- ‘‘(3) the status of child labor practices in each sentence by inserting ‘‘personal and’’ before ment who reports directly to the Secretary to country, including— ‘‘other support services’’. oversee the implementation of the strategy ‘‘(A) whether such country has adopted poli- SEC. 2213. GRANTS TO REMEDY INTERNATIONAL throughout the Department. cies to protect children from exploitation in the ABDUCTIONS OF CHILDREN. (b) INFORMATION ON INTERNATIONAL CRIMI- workplace, including a prohibition of forced and Section 7 of the International Child Abduction NALS.— bonded labor and policies regarding acceptable Remedies Act (42 U.S.C. 11606; Public Law 100– (1) INFORMATION SYSTEM.—The Secretary working conditions; and 300) is amended by adding at the end the follow- shall, in consultation with the heads of appro- ‘‘(B) the extent to which each country en- ing new subsection: priate United States law enforcement agencies, forces such policies, including the adequacy of ‘‘(e) GRANT AUTHORITY.—The United States including the Attorney General and the Sec- the resources and oversight dedicated to such Central Authority is authorized to make grants retary of the Treasury, take appropriate actions policies;’’. H10744 CONGRESSIONAL RECORD — HOUSE November 12, 1997 SEC. 2217. REPORTS AND POLICY CONCERNING tled to immunity from the criminal jurisdiction CHAPTER 2—CONSULAR AUTHORITIES OF DIPLOMATIC IMMUNITY. of the receiving state under laws extending dip- THE DEPARTMENT OF STATE Title I of the State Department Basic Authori- lomatic privileges and immunities committed a SEC. 2221. USE OF CERTAIN PASSPORT PROCESS- ties Act of 1956 (22 U.S.C. 2651a et seq.), as serious crime, the sending state will waive such ING FEES FOR ENHANCED PASSPORT amended by this division, is further amended by immunity or the sending state will prosecute SERVICES. adding at the end the following new section: such individual. For the fiscal year 1998, of the fees collected ‘‘SEC. 56. CRIMES COMMITTED BY DIPLOMATS. ‘‘(c) NOTIFICATION OF DIPLOMATIC CORPS.— for expedited passport processing and deposited ‘‘(a) ANNUAL REPORT CONCERNING DIPLO- The Secretary should periodically notify each to an offsetting collection pursuant to title V of MATIC IMMUNITY.— foreign mission of United States policies relating the Department of State and Related Agencies ‘‘(1) REPORT TO CONGRESS.—The Secretary of to criminal offenses committed by individuals Appropriations Act for Fiscal Year 1995 (Public State shall prepare and submit to the Congress, with immunity from the criminal jurisdiction of Law 103–317; 22 U.S.C. 214 note), 30 percent annually, a report concerning diplomatic immu- the United States under laws extending diplo- shall be available only for enhancing passport nity entitled ‘‘Report on Cases Involving Diplo- matic privileges and immunities.’’. services for United States citizens, improving the matic Immunity’’. SEC. 2218. REAFFIRMING UNITED STATES INTER- integrity and efficiency of the passport issuance ‘‘(2) CONTENT OF REPORT.—In addition to NATIONAL TELECOMMUNICATIONS process, improving the secure nature of the such other information as the Secretary of State POLICY. United States passport, investigating passport may consider appropriate, the report under (a) PROCUREMENT POLICY.—It is the policy of fraud, and deterring entry into the United paragraph (1) shall include the following: the United States to foster and support procure- States by terrorists, drug traffickers, or other ‘‘(A) The number of persons residing in the ment of goods and services from private, com- criminals. United States who enjoy full immunity from the mercial companies. SEC. 2222. SURCHARGE FOR PROCESSING CER- criminal jurisdiction of the United States under (b) IMPLEMENTATION.—In order to achieve the TAIN MACHINE READABLE VISAS. laws extending diplomatic privileges and immu- policy set forth in subsection (a), the Diplomatic Section 140(a) of the Foreign Relations Au- nities. Telecommunications Service Program Office thorization Act, Fiscal Years 1994 and 1995 ‘‘(B) Each case involving an alien described in (DTS-PO) shall— (Public Law 103–236) is amended— subparagraph (A) in which an appropriate au- (1) utilize full and open competition in the (1) in paragraph (2), by striking ‘‘providing thority of a State, a political subdivision of a procurement of telecommunications services, in- consular services’’ and inserting ‘‘the Depart- State, or the United States reported to the De- cluding satellite space segment, for the Depart- ment of State’s border security program, includ- partment of State that the authority had rea- ment of State and each other Federal entity rep- ing the costs of the installation and operation of sonable cause to believe the alien committed a resented at United States diplomatic missions the machine readable visa and automated name- serious criminal offense within the United and consular posts overseas; check process, improving the quality and secu- States, and any additional information provided (2) make every effort to ensure and promote rity of the United States passport, investigations to the Secretary relating to other serious crimi- the participation in the competition for such of passport and visa fraud, and the techno- nal offenses that any such authority had rea- procurement of commercial private sector pro- logical infrastructure to support the programs sonable cause to believe the alien committed be- viders of satellite space segment who have no referred to in this sentence’’; fore the period covered by the report. The Sec- ownership or other connection with an intergov- (2) by striking the first sentence of paragraph retary may omit from such report any matter the ernmental satellite organization; and (3) and inserting ‘‘For the fiscal year 1998, any provision of which the Secretary reasonably be- (3) implement the competitive procedures re- amount collected under paragraph (1) that ex- lieves would compromise a criminal investiga- quired by paragraphs (1) and (2) at the prime ceeds $140,000,000 may be made available only if tion or prosecution or which would directly contracting level and, to the maximum extent a notification is submitted to Congress in ac- compromise law enforcement or intelligence practicable, the subcontracting level. cordance with the procedures applicable to re- sources or methods. SEC. 2219. REDUCTION OF REPORTING. programming notifications under section 34 of ‘‘(C) Each case described in subparagraph (B) (a) REPEALS.—The following provisions of law the State Department Basic Authorities Act of in which the Secretary of State has certified are repealed: 1956.’’; and that a person enjoys full immunity from the (1) MODEL FOREIGN LANGUAGE COMPETENCE (3) by striking paragraphs (4) and (5). criminal jurisdiction of the United States under POSTS.—The second sentence of section 161(c) of SEC. 2223. CONSULAR OFFICERS. laws extending diplomatic privileges and immu- the Foreign Relations Authorization Act, Fiscal (a) PERSONS AUTHORIZED TO ISSUE REPORTS nities. Year 1990 and 1991 (22 U.S.C. 4171 note). OF BIRTHS ABROAD.—Section 33 of the State De- ‘‘(D) The number of United States citizens (2) ACTIONS OF THE GOVERNMENT OF HAITI.— partment Basic Authorities Act of 1956 (22 who are residing in a receiving state and who Section 705(c) of the International Security and U.S.C. 2705) is amended in paragraph (2) by enjoy full immunity from the criminal jurisdic- Development Cooperation Act of 1985 (Public adding at the end the following: ‘‘For purposes tion of such state under laws extending diplo- Law 99–83). of this paragraph, the term ‘consular officer’ in- matic privileges and immunities. (3) TRAINING FACILITY FOR THE FOREIGN SERV- cludes any United States citizen employee of the ‘‘(E) Each case involving a United States citi- ICE INSTITUTE.—Section 123(e)(2) of the Foreign Department of State who is designated by the zen under subparagraph (D) in which the Unit- Relations Authorization Act, Fiscal Years 1986 Secretary of State to adjudicate nationality ed States has been requested by the government and 1987 (Public Law 99–93). abroad pursuant to such regulations as the Sec- of a receiving state to waive the immunity from (4) MILITARY ASSISTANCE FOR HAITI.—Section retary may prescribe.’’. criminal jurisdiction of the United States citi- 203(c) of the Special Foreign Assistance Act of (b) PROVISIONS APPLICABLE TO CONSULAR OF- zen. 1986 (Public Law 99–529). FICERS.—Section 1689 of the Revised Statutes (22 ‘‘(F) Whether the Secretary has made the no- (5) INTERNATIONAL SUGAR AGREEMENT, 1977.— U.S.C. 4191) is amended by inserting ‘‘and to tifications referred to in subsection (c) during Section 5 of the Act entitled ‘‘An Act providing such other United States citizen employees of the period covered by the report. for the implementation of the International the Department of State as may be designated ‘‘(3) SERIOUS CRIMINAL OFFENSE DEFINED.— Sugar Agreement, 1977, and for other purposes’’ by the Secretary of State pursuant to such regu- For the purposes of this section, the term ‘seri- (Public Law 96–236; 7 U.S.C. 3605 and 3606). lations as the Secretary may prescribe’’ after ous criminal offense’ means— (6) AUDIENCE SURVEY OF WORLDNET PRO- ‘‘(A) any felony under Federal, State, or local ‘‘such officers’’. GRAM.—Section 209 (c) and (d) of the Foreign (c) PERSONS AUTHORIZED TO AUTHENTICATE law; Relations Authorization Act, Fiscal Years 1988 FOREIGN DOCUMENTS.— ‘‘(B) any Federal, State, or local offense pun- and 1989 (Public Law 100–204). (1) DESIGNATED UNITED STATES CITIZENS PER- ishable by a term of imprisonment of more than (7) RESEARCH ON THE NEAR AND MIDDLE FORMING NOTARIAL ACTS.—Section 1750 of the 1 year; EAST Revised Statutes, as amended (22 U.S.C. 4221) is ‘‘(C) any crime of violence as defined for pur- .—Section 228(b) of the Foreign Relations further amended by inserting after the first sen- poses of section 16 of title 18, United States Authorization Act, Fiscal Years 1992 and 1993 tence: ‘‘At any post, port, or place where there Code; or (Public Law 102–138; 22 U.S.C. 2452 note). ‘‘(D)(i) driving under the influence of alcohol (b) PROGRESS TOWARD REGIONAL NON- is no consular officer, the Secretary of State or drugs; PROLIFERATION.—Section 620F(c) of the Foreign may authorize any other officer or employee of ‘‘(ii) reckless driving; or Assistance Act of 1961 (22 U.S.C. 2376(c); relat- the United States Government who is a United ‘‘(iii) driving while intoxicated. ing to periodic reports on progress toward re- States citizen serving overseas, including any ‘‘(b) UNITED STATES POLICY CONCERNING RE- gional nonproliferation) is amended by striking contract employee of the United States Govern- FORM OF DIPLOMATIC IMMUNITY.—It is the sense ‘‘Not later than April 1, 1993 and every six ment, to perform such acts, and any such con- of the Congress that the Secretary of State months thereafter,’’ and inserting ‘‘Not later tractor so authorized shall not be considered to should explore, in appropriate fora, whether than April 1 of each year,’’. be a consular officer.’’. states should enter into agreements and adopt (c) REPORT ON PARTICIPATION BY UNITED (2) DEFINITION OF CONSULAR OFFICERS.—Sec- legislation— STATES MILITARY PERSONNEL ABROAD IN UNIT- tion 3492(c) of title 18, United States Code, is ‘‘(1) to provide jurisdiction in the sending ED STATES ELECTIONS.—Section 101(b)(6) of the amended by adding at the end the following: state to prosecute crimes committed in the re- Uniformed and Overseas Citizens Absentee Vot- ‘‘For purposes of this section and sections 3493 ceiving state by persons entitled to immunity ing Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amend- through 3496 of this title, the term ‘consular of- from criminal jurisdiction under laws extending ed by striking ‘‘of voter participation’’ and in- ficers’ includes any United States citizen who is diplomatic privileges and immunities; and serting ‘‘of uniformed services voter participa- designated to perform notarial functions pursu- ‘‘(2) to provide that where there is probable tion, a general assessment of overseas non- ant to section 1750 of the Revised Statutes, as cause to believe that an individual who is enti- military participation,’’. amended (22 U.S.C. 4221).’’. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10745

(d) PERSONS AUTHORIZED TO ADMINISTER and every 12 months thereafter, the Secretary of ried out, or materially assisted, in those mur- OATHS.—Section 115 of title 35, United States State shall submit to the Speaker of the House ders, per a June 28, 1995, letter to the then Min- Code, is amended by adding at the end the fol- of Representatives and to the chairman of the ister of Justice of the Government of Haiti, Jean- lowing: ‘‘For purposes of this section, a con- Committee on Foreign Relations of the Senate a Joseph Exume; sular officer shall include any United States cit- report, including— (4)(A) was a member of the Haitian High Com- izen serving overseas, authorized to perform no- (1) a list of aliens who have been denied a visa mand during the period 1991–1994, who has been tarial functions pursuant to section 1750 of the under this subsection; and credibly alleged to have planned, ordered, or Revised Statutes, as amended (22 U.S.C. 4221).’’. (2) a list of aliens who could have been denied participated with members of the Haitian Armed (e) DEFINITION OF CONSULAR OFFICER.—Sec- a visa under subsection (a) but were issued a Forces in the September 1991 coup against the tion 101(a)(9) of the Immigration and National- visa and an explanation as to why each such duly elected Government of Haiti or the subse- ity Act (8 U.S.C. 1101(a)(9)) is amended by— visa was issued. quent murders of as many as three thousand (1) inserting ‘‘or employee’’ after ‘‘officer’’ the SEC. 2227. INADMISSIBILITY OF ANY ALIEN SUP- Haitians during that period; or second place it appears; and PORTING AN INTERNATIONAL CHILD (B) is an immediate relative of an individual (2) inserting before the period at the end of ABDUCTOR. described in subparagraph (A); or the sentence ‘‘or, when used in title III, for the (a) AMENDMENT OF IMMIGRATION AND NATION- (5) has been credibly alleged to have been a purpose of adjudicating nationality’’. ALITY ACT.—Section 212(a)(10)(C) of the Immi- member of the paramilitary organization known (f) TRAINING FOR EMPLOYEES PERFORMING gration and Nationality Act (8 U.S.C. as FRAPH who planned, ordered, or partici- CONSULAR FUNCTIONS.—Section 704 of the For- 1182(a)(10)(C)) is amended by striking clause (ii) pated in acts of violence against the Haitian eign Service Act of 1980 (22 U.S.C. 4024) is and inserting the following: people. amended by adding at the end the following ‘‘(ii) ALIENS SUPPORTING ABDUCTORS AND REL- (b) EXEMPTION.—Subsection (a) shall not new subsection: ATIVES OF ABDUCTORS.—Any alien who— apply where the Secretary of State finds, on a ‘‘(d)(1) Before a United States citizen em- ‘‘(I) is known by the Secretary of State to case by case basis, that the entry into the Unit- ployee (other than a diplomatic or consular offi- have intentionally assisted an alien in the con- ed States of the person who would otherwise be cer of the United States) may be designated by duct described in clause (i), excluded under subsection (a) is necessary for the Secretary of State, pursuant to regulation, ‘‘(II) is known by the Secretary of State to be medical reasons, or such person has cooperated to perform a consular function abroad, the intentionally providing material support or safe fully with the investigation of the political mur- United States citizen employee shall— haven to an alien described in clause (i), or ders or acts of violence described in subsection ‘‘(A) be required to complete successfully a ‘‘(III) is a spouse (other than the spouse who (a). If the Secretary of State exempts such a per- program of training essentially equivalent to the is the parent of the abducted child), child (other son, the Secretary shall notify the appropriate training that a consular officer who is a member than the abducted child), parent, sibling, or congressional committees in writing. of the Foreign Service would receive for pur- agent of an alien described in clause (i), if such (c) REPORTING REQUIREMENT ON EXCLUSION poses of performing such function; and person has been designated by the Secretary of OF CERTAIN HAITIAN ALIENS.— ‘‘(B) be certified by an appropriate official of State at the Secretary’s sole and unreviewable (1) PREPARATION OF LIST.—The United States the Department of State to be qualified by discretion, chief of mission in Haiti shall provide the Sec- knowledge and experience to perform such func- retary of State a list of those who have been tion. is inadmissible until the child described in credibly alleged to have ordered or carried out ‘‘(2) As used in this subsection, the term ‘con- clause (i) is surrendered to the person granted the extrajudicial and political killings referred sular function’ includes the issuance of visas, custody by the order described in that clause, to in paragraph (1) of subsection (a). the performance of notarial and other legaliza- and such person and child are permitted to re- (2) SUBMISSION OF LIST TO CONGRESS.—Not tion functions, the adjudication of passport ap- turn to the United States or such person’s place later than 3 months after the date of enactment plications, the adjudication of nationality, and of residence. of this Act, the Secretary of State shall submit the issuance of citizenship documentation.’’. ‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) shall the list provided under paragraph (1) to the ap- not apply— SEC. 2224. REPEAL OF OUTDATED CONSULAR RE- propriate congressional committees. CEIPT REQUIREMENTS. ‘‘(I) to a government official of the United (3) LISTS OF VISA DENIALS AND EXCLUSIONS.— Sections 1726, 1727, and 1728 of the Revised States who is acting within the scope of his or The Secretary of State shall submit to the Com- Statutes of the United States (22 U.S.C. 4212, her official duties; mittee on Foreign Relations and the Committee 4213, and 4214), as amended (relating to ac- ‘‘(II) to a government official of any foreign on the Judiciary of the Senate and the Commit- counting for consular fees) are repealed. government if the official has been designated tee on International Relations and the Commit- by the Secretary of State at the Secretary’s sole tee on the Judiciary of the House of Representa- SEC. 2225. ELIMINATION OF DUPLICATE FEDERAL and unreviewable discretion; or REGISTER PUBLICATION FOR TRAV- tives a list of aliens denied visas, and the Attor- EL ADVISORIES. ‘‘(III) so long as the child is located in a for- ney General shall submit to the appropriate con- (a) FOREIGN AIRPORTS.—Section 44908(a) of eign state that is a party to the Convention on gressional committees a list of aliens refused title 49, United States Code, is amended— the Civil Aspects of International Child Abduc- entry to the United States, as a result of sub- (1) by inserting ‘‘and’’ at the end of para- tion, done at The Hague on October 25, 1980.’’. section (a). graph (1); (b) EFFECTIVE DATE.—The amendment made (4) DURATION FOR SUBMISSION OF LISTS.—The (2) by striking paragraph (2); and by subsection (a) shall apply to aliens seeking Secretary shall submit the list under paragraph (3) by redesignating paragraph (3) as para- admission to the United States on or after the (3) not later than six months after the date of graph (2). date of enactment of this Act. enactment of this Act and not later than March (b) FOREIGN PORTS.—Section 908(a) of the SEC. 2228. HAITI; EXCLUSION OF CERTAIN 1 of each year thereafter as long as the Govern- International Maritime and Port Security Act of ALIENS; REPORTING REQUIRE- ment of Haiti has not completed the investiga- 1986 (46 U.S.C. App. 1804(a)) is amended by MENTS. tion of the extrajudicial and political killings striking the second sentence, relating to Federal (a) GROUNDS FOR EXCLUSION.—Except as pro- and has not prosecuted those implicated for the Register publication by the Secretary of State. vided in subsection (c), a consular officer shall killings specified in paragraph (1) of subsection SEC. 2226. DENIAL OF VISAS TO CONFISCATORS not issue a visa to, and the Attorney General (a). OF AMERICAN PROPERTY. shall exclude from the United States, any alien (d) REPORT ON THE COST OF UNITED STATES (a) DENIAL OF VISAS.—Except as otherwise who the Secretary of State, in the Secretary’s ACTIVITIES IN HAITI.—(1) Not later than Janu- provided in section 401 of the Cuban Liberty sole and unreviewable discretion, has reason to ary 1, 1998, and every 6 months thereafter, the and Democratic Solidarity (LIBERTAD) Act of believe is a person who— President shall submit a report to Congress on 1996 (Public Law 104–114), and subject to sub- (1) has been credibly alleged to have ordered, the situation in Haiti, including— section (b), the Secretary of State may deny the carried out, or materially assisted, in the (A) a listing of the units of the United States issuance of a visa to any alien who— extrajudicial and political killings of Antoine Armed Forces or Coast Guard and of the police (1) through the abuse of position, including a Izmery, Guy Malary, Father Jean-Marie Vin- and military units of other nations participating governmental or political party position, con- cent, Pastor Antoine Leroy, Jacques Fleurival, in operations in and around Haiti; verts or has converted for personal gain real Mireille Durocher Bertin, Eugene Baillergeau, (B) incidents of the use of force in Haiti in- property that has been confiscated or expropri- Michelange Hermann, Max Mayard, Romulus volving hostile acts against United States Armed ated, a claim to which is owned by a national Dumarsais, Claude Yves Marie, Mario Forces or Coast Guard personnel during the pe- of the United States, or who is complicit in such Beaubrun, Leslie Grimar, Joseph Chilove, riod covered by the report; a conversion; or Michel Gonzalez, and Jean-Hubert Feuille; (C) the estimated cumulative program costs of (2) induces any of the actions or omissions de- (2) was included in the list presented to former all United States activities in Haiti during the scribed in paragraph (1) by any person. president Jean-Bertrand Aristide by former Na- period covered by the report, including— (b) EXCEPTIONS.—Subsection (a) shall not tional Security Council Advisor Anthony Lake (i) the incremental cost of deployments of apply to— in December 1995, and acted upon by President United States Armed Forces and Coast Guard (1) any country established by international Rene Preval; personnel training, exercises, mobilization, and mandate through the United Nations; or (3) was sought for an interview by the Federal preparation activities, including the United (2) any territory recognized by the United Bureau of Investigation as part of its inquiry States contribution to the training and trans- States Government to be in dispute. into the March 28, 1995, murder of Mireille portation of police and military units of other (c) REPORTING REQUIREMENT.—Not later than Durocher Bertin and Eugene Baillergeau, Jr., nations of any multilateral force involved in ac- 6 months after the date of enactment of this Act, and was credibly alleged to have ordered, car- tivities in Haiti; H10746 CONGRESSIONAL RECORD — HOUSE November 12, 1997 (ii) the costs of all other activities relating to 2231 of this division or by section 2(c) of the Mi- SEC. 2243. REPROGRAMMING OF MIGRATION AND United States policy toward Haiti, including hu- gration and Refugee Assistance Act of 1962 (22 REFUGEE ASSISTANCE FUNDS. manitarian assistance, reconstruction assist- U.S.C. 2601(c)) shall be available to effect the Section 34 of the State Department Basic Au- ance, assistance under part I of the Foreign As- involuntary return of any person to any coun- thorities Act of 1956 (22 U.S.C. 2706) is amend- sistance Act of 1961, and other financial assist- try unless the Secretary of State first notifies ed— ance, and all other costs to the United States the appropriate congressional committees, except (1) in subsection (a)— Government; and that in the case of an emergency involving a (D) a detailed accounting of the source of threat to human life the Secretary of State shall (A) by striking ‘‘Foreign Affairs’’ and insert- funds obligated or expended to meet the costs notify the appropriate congressional committees ing ‘‘International Relations and the Committee described in paragraph (3), including— as soon as practicable. on Appropriations’’; and (i) in the case of amounts expended out of (c) INVOLUNTARY RETURN DEFINED.—As used (B) by inserting ‘‘and the Committee on Ap- funds available to the Department of Defense in this section, the term ‘‘to effect the involun- propriations’’ after ‘‘Foreign Relations’’; and budget, by military service or defense agency, tary return’’ means to require, by means of (2) by adding at the end the following new line item, and program; and physical force or circumstances amounting to a subsection: threat thereof, a person to return to a country (ii) in the case of amounts expended out of ‘‘(c) The Secretary of State may waive the no- against the person’s will, regardless of whether funds available to departments and agencies tification requirement of subsection (a), if the the person is physically present in the United other than the Department of Defense, by de- Secretary determines that failure to do so would States and regardless of whether the United partment or agency and program. pose a substantial risk to human health or wel- States acts directly or through an agent. (2) DEFINITION.—In this section, the term ‘‘pe- fare. In the case of any waiver under this sub- riod covered by the report’’ means the 6-month SEC. 2242. UNITED STATES POLICY WITH RE- section, notification to the Committee on For- SPECT TO THE INVOLUNTARY RE- period prior to the date the report is required to eign Relations and the Committee on Appropria- be submitted, except that, in the case of the ini- TURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. tions of the Senate and the Committee on Inter- tial report, the term means the period since the (a) POLICY.—It shall be the policy of the Unit- national Relations and the Committee on Appro- date of enactment of the Foreign Relations Au- priations of the House of Representatives shall thorization Act, Fiscal Years 1998 and 1999. ed States not to expel, extradite, or otherwise ef- fect the involuntary return of any person to a be provided as soon as practicable, but not later CHAPTER 3—REFUGEES AND MIGRATION country in which there are substantial grounds than 3 days after taking the action to which the Subchapter A—Authorization of for believing the person would be in danger of notification requirement was applicable, and Appropriations being subjected to torture, regardless of whether shall contain an explanation of the emergency circumstances.’’. SEC. 2231. MIGRATION AND REFUGEE ASSIST- the person is physically present in the United ANCE. States. SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS. (b) REGULATIONS.—Not later than 120 days (a) MIGRATION AND REFUGEE ASSISTANCE.— Section 584 of the Foreign Operations, Export after the date of enactment of this Act, the (1) AUTHORIZATION OF APPROPRIATIONS.— Financing, and Related Programs Appropria- heads of the appropriate agencies shall prescribe There are authorized to be appropriated for tions Act, 1997 (Public Law 104–208; 110 Stat. regulations to implement the obligations of the ‘‘Migration and Refugee Assistance’’ for author- 3009–171) is amended— ized activities, $650,000,000 for the fiscal year United States under Article 3 of the United Na- (1) in subsection (a)— 1998 and $704,500,000 for the fiscal year 1999. tions Convention Against Torture and Other (2) LIMITATIONS.— Forms of Cruel, Inhuman or Degrading Treat- (A) by striking ‘‘For purposes’’ and inserting (A) LIMITATION REGARDING TIBETAN REFUGEES ment or Punishment, subject to any reserva- ‘‘Notwithstanding any other provision of law, IN INDIA AND NEPAL.—Of the amounts author- tions, understandings, declarations, and provi- for purposes’’; and ized to be appropriated in paragraph (1), sos contained in the United States Senate reso- (B) by striking ‘‘fiscal year 1997’’ and insert- $1,000,000 for the fiscal year 1998 and $1,000,000 lution of ratification of the Convention. ing ‘‘fiscal years 1997 and 1998’’; and for the fiscal year 1999 are authorized to be (c) EXCLUSION OF CERTAIN ALIENS.—To the maximum extent consistent with the obligations (2) by amending subsection (b) to read as fol- available only for humanitarian assistance, in- lows: cluding food, medicine, clothing, and medical of the United States under the Convention, sub- ‘‘(b) ALIENS COVERED.— and vocational training, to Tibetan refugees in ject to any reservations, understandings, dec- India and Nepal who have fled Chinese-occu- larations, and provisos contained in the United ‘‘(1) IN GENERAL.— An alien described in this States Senate resolution of ratification of the pied Tibet. subsection is an alien who— Convention, the regulations described in sub- (B) REFUGEES RESETTLING IN ISRAEL.—Of the ‘‘(A) is the son or daughter of a qualified na- section (b) shall exclude from the protection of amounts authorized to be appropriated in para- tional; such regulations aliens described in section graph (1), $80,000,000 for the fiscal year 1998 and 241(b)(3)(B) of the Immigration and Nationality ‘‘(B) is 21 years of age or older; and $80,000,000 for the fiscal year 1999 are author- Act (8 U.S.C. 1231(b)(3)(B)). ‘‘(C) was unmarried as of the date of accept- ized to be available for assistance for refugees (d) REVIEW AND CONSTRUCTION.—Notwith- ance of the alien’s parent for resettlement under resettling in Israel from other countries. standing any other provision of law, and except the Orderly Departure Program. (C) HUMANITARIAN ASSISTANCE FOR DISPLACED as provided in the regulations described in sub- ‘‘(2) QUALIFIED NATIONAL.—For purposes of BURMESE.—Of the amounts authorized to be ap- section (b), no court shall have jurisdiction to paragraph (1), the term ‘qualified national’ propriated in paragraph (1), $1,500,000 for the review the regulations adopted to implement this means a national of Vietnam who— fiscal year 1998 and $1,500,000 for the fiscal year section, and nothing in this section shall be con- 1999 for humanitarian assistance are authorized ‘‘(A)(i) was formerly interned in a reeducation strued as providing any court jurisdiction to to be available, including food, medicine, cloth- camp in Vietnam by the Government of the So- consider or review claims raised under the Con- ing, and medical and vocational training, to cialist Republic of Vietnam; or vention or this section, or any other determina- persons displaced as a result of civil conflict in ‘‘(ii) is the widow or widower of an individual tion made with respect to the application of the Burma, including persons still within Burma. described in clause (i); and policy set forth in subsection (a), except as part (b) AVAILABILITY OF FUNDS.—Funds appro- of the review of a final order of removal pursu- ‘‘(B)(i) qualified for refugee processing under priated pursuant to this section are authorized ant to section 242 of the Immigration and Na- the reeducation camp internees subprogram of to remain available until expended. tionality Act (8 U.S.C. 1252). the Orderly Departure Program; and Subchapter B—Authorities (e) AUTHORITY TO DETAIN.—Nothing in this ‘‘(ii) on or after April 1, 1995, is or has been SEC. 2241. UNITED STATES POLICY REGARDING section shall be construed as limiting the au- accepted— THE INVOLUNTARY RETURN OF REF- thority of the Attorney General to detain any ‘‘(I) for resettlement as a refugee; or UGEES. person under any provision of law, including, ‘‘(II) for admission as an immigrant under the (a) IN GENERAL.—None of the funds made but not limited to, any provision of the Immigra- Orderly Departure Program.’’. available by this subdivision shall be available tion and Nationality Act. to effect the involuntary return by the United (f) DEFINITIONS.— SEC. 2245. REPORTS TO CONGRESS CONCERNING States of any person to a country in which the (1) CONVENTION DEFINED.—In this section, the CUBAN EMIGRATION POLICIES. person has a well-founded fear of persecution term ‘‘Convention’’ means the United Nations Beginning not later than 6 months after the on account of race, religion, nationality, mem- Convention Against Torture and Other Forms of date of enactment of this Act, and every 6 bership in a particular social group, or political Cruel, Inhuman or Degrading Treatment or months thereafter, the Secretary of State shall opinion, except on grounds recognized as pre- Punishment, done at New York on December 10, supplement the monthly report to Congress enti- cluding protection as a refugee under the Unit- 1984. tled ‘‘Update on Monitoring of Cuban Migrant ed Nations Convention Relating to the Status of (2) SAME TERMS AS IN THE CONVENTION.—Ex- Returnees’’ with additional information con- Refugees of July 28, 1951, and the Protocol Re- cept as otherwise provided, the terms used in cerning the methods employed by the Govern- lating to the Status of Refugees of January 31, this section have the meanings given those terms ment of Cuba to enforce the United States-Cuba 1967, subject to the reservations contained in the in the Convention, subject to any reservations, agreement of September 1994 and the treatment United States Senate Resolution of Ratification. understandings, declarations, and provisos con- by the Government of Cuba of persons who have (b) MIGRATION AND REFUGEE ASSISTANCE.— tained in the United States Senate resolution of returned to Cuba pursuant to the United States- None of the funds made available by section ratification of the Convention. Cuba agreement of May 1995. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10747 TITLE XXIII—ORGANIZATION OF THE DE- amended by striking ‘‘Under Secretaries of State ranking, an internal review of the member’s file PARTMENT OF STATE; DEPARTMENT OF (5)’’ and inserting ‘‘Under Secretaries of State shall be conducted to determine whether the STATE PERSONNEL; THE FOREIGN SERV- (6)’’. member should be considered for action leading ICE (b) ASSISTANT SECRETARIES.— to separation. CHAPTER 1—ORGANIZATION OF THE (1) IN GENERAL.—Section 1(c)(1) of the State (3) PROCEDURES.—The Secretary of State shall DEPARTMENT OF STATE Department Basic Authorities Act of 1956 (22 develop procedures for the internal reviews re- U.S.C. 2651a(c)(1)) is amended by striking ‘‘20’’ quired under paragraph (2). SEC. 2301. COORDINATOR FOR COUNTERTER- RORISM. and inserting ‘‘24’’. SEC. 2312. RETIREMENT BENEFITS FOR INVOLUN- (2) CONFORMING AMENDMENT TO TITLE 5.—Sec- TARY SEPARATION. (a) ESTABLISHMENT.—Section 1 of the State tion 5315 of title 5, United States Code, is Department Basic Authorities Act of 1956 (22 (a) BENEFITS.—Section 609 of the Foreign amended by striking ‘‘Assistant Secretaries of U.S.C. 2651a) is amended by adding at the end Service Act of 1980 (22 U.S.C. 4009) is amended— State (20)’’ and inserting ‘‘Assistant Secretaries the following new subsection: (1) in subsection (a)(2)(A), by inserting ‘‘or of State (24)’’. ‘‘(f) COORDINATOR FOR COUNTERTERRORISM.— any other applicable provision of chapter 84 of (c) DEPUTY ASSISTANT SECRETARIES.—Section ‘‘(1) IN GENERAL.—There is within the office of title 5, United States Code,’’ after ‘‘section 811’’; the Secretary of State a Coordinator for 1 of the State Department Basic Authorities Act (2) in subsection (a), by inserting ‘‘or section Counterterrorism (in this paragraph referred to of 1956 (22 U.S.C. 2651a), as amended by this di- 855, as appropriate’’ after ‘‘section 806’’; and as the ‘Coordinator’) who shall be appointed by vision, is further amended— (3) in subsection (b)(2)— (1) by striking subsection (d); and the President, by and with the advice and con- (A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A) for (2) by redesignating subsections (e), (f), (g), sent of the Senate. those participants in the Foreign Service Retire- and (h) as subsections (d), (e), (f), and (g), re- ‘‘(2) DUTIES.— ment and Disability System,’’; and spectively. ‘‘(A) IN GENERAL.—The Coordinator shall per- (B) by inserting before the period at the end form such duties and exercise such powers as SEC. 2306. NOMINATION OF UNDER SECRETARIES ‘‘; and (B) for those participants in the Foreign the Secretary of State shall prescribe. AND ASSISTANT SECRETARIES OF Service Pension System, benefits as provided in STATE. ‘‘(B) DUTIES DESCRIBED.—The principal duty section 851’’; and of the Coordinator shall be the overall super- (a) UNDER SECRETARIES OF STATE.—Section (4) in subsection (b) in the matter following vision (including policy oversight of resources) 1(b) of the State Department Basic Authorities paragraph (2), by inserting ‘‘(for participants in of international counterterrorism activities. The Act of 1956 (22 U.S.C. 2651a(c)), as amended by the Foreign Service Retirement and Disability Coordinator shall be the principal adviser to the this division, is further amended by adding at System) or age 62 (for participants in the For- Secretary of State on international the end the following new paragraph: eign Service Pension System)’’ after ‘‘age 60’’. counterterrorism matters. The Coordinator shall ‘‘(4) NOMINATION OF UNDER SECRETARIES.— (b) ENTITLEMENT TO ANNUITY.—Section 855(b) be the principal counterterrorism official within Whenever the President submits to the Senate a of the Foreign Service Act of 1980 (22 U.S.C. the senior management of the Department of nomination of an individual for appointment to 4071d(b)) is amended— State and shall report directly to the Secretary a position in the Department of State that is de- (1) in paragraph (1)— of State. scribed in paragraph (1), the President shall (A) by inserting ‘‘611,’’ after ‘‘608,’’; designate the particular Under Secretary posi- ‘‘(3) RANK AND STATUS OF AMBASSADOR.—The (B) by inserting ‘‘or for participants in the Coordinator shall have the rank and status of tion in the Department of State that the individ- Foreign Service Pension System,’’ after ‘‘for Ambassador at Large.’’. ual shall have.’’. participants in the Foreign Service Retirement (b) ASSISTANT SECRETARIES OF STATE.—Sec- (b) TECHNICAL AND CONFORMING AMEND- and Disability System’’; and tion 1(c) of the State Department Basic Authori- MENTS.—Section 161 of the Foreign Relations (C) by striking ‘‘Service shall’’ and inserting Authorization Act, Fiscal Years 1994 and 1995 ties Act of 1956 (22 U.S.C. 2651a(c)), as amended ‘‘Service, shall’’; and (Public Law 103–236) is amended by striking by this division, is further amended by adding (2) in paragraph (3), by striking ‘‘or 610’’ and subsection (e). at the end the following new paragraph: inserting ‘‘610, or 611’’. ‘‘(3) NOMINATION OF ASSISTANT SECRETAR- SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT (c) EFFECTIVE DATES.— IES SECRETARY OF STATE FOR .—Whenever the President submits to the (1) IN GENERAL.—Except as provided in para- BURDENSHARING. Senate a nomination of an individual for ap- graph (2), the amendments made by this section Section 161 of the Foreign Relations Author- pointment to a position in the Department of shall take effect on the date of the enactment of ization Act, Fiscal Years 1994 and 1995 (22 State that is described in paragraph (1), the this Act. U.S.C. 2651a note) is amended by striking sub- President shall designate the regional or func- (2) EXCEPTIONS.—The amendments made by section (f). tional bureau or bureaus of the Department of paragraphs (2) and (3) of subsection (a) and State with respect to which the individual shall SEC. 2303. PERSONNEL MANAGEMENT. paragraphs (1)(A) and (2) of subsection (b) shall have responsibility.’’. Section 1 of the State Department Basic Au- apply with respect to any actions taken under thorities Act of 1956 (22 U.S.C. 2651a), as amend- CHAPTER 2—PERSONNEL OF THE DEPART- section 611 of the Foreign Service Act of 1980 on ed by this division, is further amended by add- MENT OF STATE; THE FOREIGN SERVICE or after January 1, 1996. ing at the end the following new subsection: SEC. 2311. FOREIGN SERVICE REFORM. SEC. 2313. AUTHORITY OF SECRETARY TO SEPA- RATE CONVICTED FELONS FROM ‘‘(g) QUALIFICATIONS OF OFFICER HAVING PRI- (a) PERFORMANCE PAY.—Section 405 of the THE FOREIGN SERVICE. MARY RESPONSIBILITY FOR PERSONNEL MANAGE- Foreign Service Act of 1980 (22 U.S.C. 3965) is Section 610(a)(2) of the Foreign Service Act of MENT.—The officer of the Department of State amended— 1980 (22 U.S.C. 4010(a)(2)) is amended in the first with primary responsibility for assisting the Sec- (1) in subsection (a), by striking ‘‘Members’’ sentence by striking ‘‘A member’’ and inserting retary of State with respect to matters relating and inserting ‘‘Subject to subsection (e), mem- ‘‘Except in the case of an individual who has to personnel in the Department of State, or that bers’’; and officer’s principal deputy, shall have substantial (2) by adding at the end the following new been convicted of a crime for which a sentence professional qualifications in the field of human subsection: of imprisonment of more than 1 year may be im- resource policy and management.’’. ‘‘(e) Notwithstanding any other provision of posed, a member’’. SEC. 2304. DIPLOMATIC SECURITY. law, the Secretary of State may provide for rec- SEC. 2314. CAREER COUNSELING. Section 1 of the State Department Basic Au- ognition of the meritorious or distinguished (a) IN GENERAL.—Section 706(a) of the Foreign thorities Act of 1956 (22 U.S.C. 2651a), as amend- service of any member of the Foreign Service de- Service Act of 1980 (22 U.S.C. 4026(a)) is amend- ed by this division, is further amended by add- scribed in subsection (a) (including any member ed by adding at the end the following new sen- ing at the end the following new subsection: of the Senior Foreign Service) by means other tence: ‘‘Career counseling and related services ‘‘(h) QUALIFICATIONS OF OFFICER HAVING PRI- than an award of performance pay in lieu of provided pursuant to this Act shall not be con- MARY RESPONSIBILITY FOR DIPLOMATIC SECU- making such an award under this section.’’. strued to permit an assignment that consists pri- RITY.—The officer of the Department of State (b) EXPEDITED SEPARATION OUT.— marily of paid time to conduct a job search and with primary responsibility for assisting the Sec- (1) SEPARATION OF LOWEST RANKED FOREIGN without other substantive duties for more than retary of State with respect to diplomatic secu- SERVICE MEMBERS.—Not later than 90 days after one month.’’. rity, or that officer’s principal deputy, shall the date of enactment of this Act, the Secretary (b) EFFECTIVE DATE.—The amendment made have substantial professional qualifications in of State shall develop and implement procedures by subsection (a) shall be effective 180 days after the fields of (1) management, and (2) Federal to identify, and recommend for separation, any the date of the enactment of this Act. law enforcement, intelligence, or security.’’. member of the Foreign Service ranked by pro- SEC. 2315. LIMITATIONS ON MANAGEMENT AS- SEC. 2305. NUMBER OF SENIOR OFFICIAL POSI- motion boards of the Department of State in the SIGNMENTS. TIONS AUTHORIZED FOR THE DE- bottom 5 percent of his or her class for 2 or more Section 1017(e)(2) of the Foreign Service Act of PARTMENT OF STATE. of the 5 years preceding the date of enactment 1980 (22 U.S.C. 4117(e)(2)) is amended to read as (a) UNDER SECRETARIES.— of this Act (in this subsection referred to as the follows: (1) IN GENERAL.—Section 1(b) of the State De- ‘‘years of lowest ranking’’) if the rating official ‘‘(2) For the purposes of paragraph (1)(A)(ii) partment Basic Authorities Act of 1956 (22 for such member was not the same individual for and paragraph (1)(B), the term ‘management of- U.S.C. 2651a(b)) is amended by striking ‘‘5’’ and any two of the years of lowest ranking. ficial’ does not include— inserting ‘‘6’’. (2) SPECIAL INTERNAL REVIEWS.—In any case ‘‘(A) any chief of mission; (2) CONFORMING AMENDMENT TO TITLE 5.—Sec- where the member was evaluated by the same ‘‘(B) any principal officer or deputy principal tion 5314 of title 5, United States Code, is rating official in any 2 of the years of lowest officer; H10748 CONGRESSIONAL RECORD — HOUSE November 12, 1997 ‘‘(C) any administrative or personnel officer outside the United States in areas where Sun- exchange programs authorized by law, abroad; or day is a routine workday and another day of $103,495,000 for the fiscal year 1998. ‘‘(D) any individual described in section the week is officially recognized as the day of (ii) SOUTH PACIFIC EXCHANGES.—Of the 1002(12) (B), (C), or (D) who is not involved in rest and worship, the Secretary of State may amounts authorized to be appropriated under the administration of this chapter or in the for- designate the officially recognized day of rest clause (i), $500,000 for the fiscal year 1998 is au- mulation of the personnel policies and programs and worship as the day with respect to which thorized to be available for ‘‘South Pacific Ex- of the Department.’’. the preceding sentence shall apply instead of changes’’. SEC. 2316. AVAILABILITY PAY FOR CERTAIN Sunday.’’. (iii) EAST TIMORESE SCHOLARSHIPS.—Of the CRIMINAL INVESTIGATORS WITHIN SEC. 2318. REPORT CONCERNING MINORITIES amounts authorized to be appropriated under THE DIPLOMATIC SECURITY SERV- AND THE FOREIGN SERVICE. clause (i), $500,000 for the fiscal year 1998 is au- ICE. The Secretary of State shall during each of thorized to be available for ‘‘East Timorese (a) IN GENERAL.—Section 5545a of title 5, calendar years 1998 and 1999 submit a report to Scholarships’’. United States Code, is amended by adding at the the Congress concerning minorities and the For- (iv) TIBETAN EXCHANGES.—Of the amounts au- end the following: eign Service officer corps. In addition to such thorized to be appropriated under clause (i), ‘‘(k)(1) For purposes of this section, the term other information as is relevant to this issue, the $500,000 for the fiscal year 1998 is authorized to ‘criminal investigator’ includes a special agent report shall include the following data for the be available for ‘‘Educational and Cultural Ex- occupying a position under title II of Public last preceding examination and promotion cy- changes with Tibet’’ under section 236 of the Law 99–399 if such special agent— Foreign Relations Authorization Act, Fiscal ‘‘(A) meets the definition of such term under cles for which such information is available (re- Years 1994 and 1995 (Public Law 103–236). paragraph (2) of subsection (a) (applied dis- ported in terms of real numbers and percentages (4) INTERNATIONAL BROADCASTING ACTIVI- regarding the parenthetical matter before sub- and not as ratios): (1) The numbers and percentages of all mi- TIES.— paragraph (A) thereof); and (A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘(B) such special agent satisfies the require- norities taking the written Foreign Service ex- ‘‘International Broadcasting Operations’’, ments of subsection (d) without taking into ac- amination. (2) The numbers and percentages of all mi- $364,415,000 for the fiscal year 1998. count any hours described in paragraph (2)(B) norities successfully completing and passing the (B) ALLOCATION.—Of the amounts authorized thereof. to be appropriated under subparagraph (A), the ‘‘(2) In applying subsection (h) with respect to written Foreign Service examination. Director of the United States Information Agen- a special agent under this subsection— (3) The numbers and percentages of all mi- ‘‘(A) any reference in such subsection to ‘basic norities successfully completing and passing the cy and the Broadcasting Board of Governors pay’ shall be considered to include amounts des- oral Foreign Service examination. shall seek to ensure that the amounts made ignated as ‘salary’; (4) The numbers and percentages of all mi- available for broadcasting to nations whose peo- ‘‘(B) paragraph (2)(A) of such subsection shall norities entering the junior officers class of the ple do not fully enjoy freedom of expression do be considered to include (in addition to the pro- Foreign Service. not decline in proportion to the amounts made visions of law specified therein) sections (5) The numbers and percentages of all minor- available for broadcasting to other nations. 609(b)(1), 805, 806, and 856 of the Foreign Service ity Foreign Service officers at each grade. (5) RADIO CONSTRUCTION.—For ‘‘Radio Con- (6) The numbers of and percentages of minori- Act of 1980; and struction’’, $40,000,000 for the fiscal year 1998. ‘‘(C) paragraph (2)(B) of such subsection shall ties promoted at each grade of the Foreign Serv- (6) RADIO FREE ASIA.—For ‘‘Radio Free Asia’’, be applied by substituting for ‘Office of Person- ice officer corps. $22,000,000 for the fiscal year 1998 and an addi- nel Management’ the following: ‘Office of Per- TITLE XXIV—UNITED STATES INFORMA- tional $8,000,000 in fiscal year 1998 for one-time sonnel Management or the Secretary of State (to TIONAL, EDUCATIONAL, AND CULTURAL capital costs. the extent that matters exclusively within the PROGRAMS (7) BROADCASTING TO CUBA.—For ‘‘Broadcast- jurisdiction of the Secretary are concerned)’.’’. CHAPTER 1—AUTHORIZATION OF ing to Cuba’’, $22,095,000 for the fiscal year 1998. (b) IMPLEMENTATION.—Not later than the date APPROPRIATIONS (8) CENTER FOR CULTURAL AND TECHNICAL on which the amendments made by this section INTERCHANGE BETWEEN EAST AND WEST.—For the SEC. 2401. INTERNATIONAL INFORMATION AC- ‘‘Center for Cultural and Technical Interchange take effect, each special agent of the Diplomatic TIVITIES AND EDUCATIONAL AND Security Service who satisfies the requirements CULTURAL EXCHANGE PROGRAMS. between East and West’’, $12,000,000 for the fis- of subsection (k)(1) of section 5545a of title 5, The following amounts are authorized to be cal year 1998. United States Code, as amended by this section, appropriated to carry out international infor- (9) NATIONAL ENDOWMENT FOR DEMOCRACY.— and the appropriate supervisory officer, to be mation activities and educational and cultural For the ‘‘National Endowment for Democracy’’, designated by the Secretary of State, shall make exchange programs under the United States In- $30,000,000 for the fiscal year 1998. an initial certification to the Secretary of State formation and Educational Exchange Act of (10) CENTER FOR CULTURAL AND TECHNICAL that the special agent is expected to meet the re- 1948, the Mutual Educational and Cultural Ex- INTERCHANGE BETWEEN NORTH AND SOUTH.—For quirements of subsection (d) of such section change Act of 1961, Reorganization Plan Num- ‘‘Center for Cultural and Technical Interchange 5545a. The Secretary of State may prescribe pro- ber 2 of 1977, the United States International between North and South’’ $1,500,000 for the fis- cedures necessary to administer this subsection. Broadcasting Act of 1994, the Radio Broadcast- cal year 1998. (c) TECHNICAL AND CONFORMING AMEND- ing to Cuba Act, the Television Broadcasting to CHAPTER 2—AUTHORITIES AND MENTS.—(1) Paragraph (2) of section 5545a(a) of Cuba Act, the Board for International Broad- ACTIVITIES title 5, United States Code, is amended (in the casting Act, the North/South Center Act of 1991, SEC. 2411. RETENTION OF INTEREST. matter before subparagraph (A)) by striking and the National Endowment for Democracy Notwithstanding any other provision of law, ‘‘Public Law 99–399)’’ and inserting ‘‘Public Act, and to carry out other authorities in law with the approval of the National Endowment Law 99–399, subject to subsection (k))’’. consistent with such purposes: for Democracy, grant funds made available by (2) Section 5542(e) of such title is amended by (1) INTERNATIONAL INFORMATION PROGRAM.— the National Endowment for Democracy may be striking ‘‘title 18, United States Code,’’ and in- For ‘‘International Information Program’’, deposited in interest-bearing accounts pending serting ‘‘title 18 or section 37(a)(3) of the State $431,000,000 for the fiscal year 1998. disbursement, and any interest which accrues Department Basic Authorities Act of 1956,’’. (2) TECHNOLOGY FUND.—For the ‘‘Technology may be retained by the grantee without return- (d) EFFECTIVE DATE.—The amendments made Fund’’ for the United States Information Agen- ing such interest to the Treasury of the United by this section shall take effect on the first day cy, $6,350,000 for the fiscal year 1998. States and interest earned may be obligated and of the first applicable pay period— (3) EDUCATIONAL AND CULTURAL EXCHANGE expended for the purposes for which the grant (1) which begins on or after the 90th day fol- PROGRAMS.— was made without further appropriation. lowing the date of the enactment of this Act; (A) FULBRIGHT ACADEMIC EXCHANGE PRO- SEC. 2412. USE OF SELECTED PROGRAM FEES. and GRAMS.— (2) on which date all regulations necessary to (i) FULBRIGHT ACADEMIC EXCHANGE PRO- Section 810 of the United States Information carry out such amendments are (in the judgment GRAMS.—There are authorized to be appro- and Educational Exchange Act of 1948 (22 of the Director of the Office of Personnel Man- priated for the ‘‘Fulbright Academic Exchange U.S.C. 1475e) is amended to read as follows: agement and the Secretary of State) in effect. Programs’’ (other than programs described in ‘‘USE OF ENGLISH-TEACHING PROGRAM FEES SEC. 2317. NONOVERTIME DIFFERENTIAL PAY. subparagraph (B)), $99,236,000 for the fiscal ‘‘SEC. 810. (a) IN GENERAL.—Notwithstanding Title 5 of the United States Code is amended— year 1998. section 3302 of title 31, United States Code, or (1) in section 5544(a), by inserting after the (ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE any other law or limitation of authority, fees fourth sentence the following new sentence: PROGRAMS.—Of the amounts authorized to be and receipts described in subsection (b) are au- ‘‘For employees serving outside the United appropriated under clause (i), $5,000,000 for the thorized to be credited each fiscal year for au- States in areas where Sunday is a routine work- fiscal year 1998 is authorized to be available for thorized purposes to the appropriate appropria- day and another day of the week is officially the Vietnam scholarship program established by tions of the United States Information Agency recognized as the day of rest and worship, the section 229 of the Foreign Relations Authoriza- to such extent as may be provided in advance in Secretary of State may designate the officially tion Act, Fiscal Years 1992 and 1993 (Public Law appropriations acts. recognized day of rest and worship as the day 102–138). ‘‘(b) FEES AND RECEIPTS DESCRIBED.—The fees with respect to which the preceding sentence (B) OTHER EDUCATIONAL AND CULTURAL EX- and receipts described in this subsection are fees shall apply instead of Sunday.’’; and CHANGE PROGRAMS.— and payments received by or for the use of the (2) at the end of section 5546(a), by adding the (i) IN GENERAL.—There are authorized to be United States Information Agency from or in following new sentence: ‘‘For employees serving appropriated for other educational and cultural connection with— November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10749 ‘‘(1) English-teaching and library services, ‘‘(4) Representatives of the National Security ‘‘(9) All decisions of the Working Group shall ‘‘(2) educational advising and counseling, Adviser and the Director of the Office of Man- be by majority vote of the members present and ‘‘(3) Exchange Visitor Program Services, agement and Budget may participate in the voting. ‘‘(4) advertising and business ventures of the Working Group at the discretion of the Adviser ‘‘(10) The members of the Working Group shall Voice of America and the International Broad- and the Director, respectively. serve without additional compensation for their casting Bureau, ‘‘(5) The Working Group shall be supported by service on the Working Group. Any expenses in- ‘‘(5) cooperating international organizations, an interagency staff office established in the curred by a member of the Working Group in and Bureau of Educational and Cultural Affairs of connection with service on the Working Group ‘‘(6) Agency-produced publications, the United States Information Agency. shall be compensated by that member’s depart- ‘‘(7) an amount not to exceed $100,000 of the ‘‘(6) The Working Group shall have the fol- ment or agency. payments from motion picture and television lowing purposes and responsibilities: ‘‘(11) With respect to any report issued under programs produced or conducted by or on behalf ‘‘(A) To collect, analyze, and report data pro- paragraph (6), a member may submit dissenting of the Agency under the authority of this Act or vided by all United States Government depart- views to be submitted as part of the report of the the Mutual Education and Cultural Exchange ments and agencies conducting international ex- Working Group.’’. Act of 1961.’’. changes and training programs. SEC. 2415. EDUCATIONAL AND CULTURAL EX- SEC. 2413. MUSKIE FELLOWSHIP PROGRAM. ‘‘(B) To promote greater understanding and CHANGES AND SCHOLARSHIPS FOR (a) GUIDELINES.—Section 227(c)(5) of the For- cooperation among concerned United States TIBETANS AND BURMESE. eign Relations Authorization Act, Fiscal Years Government departments and agencies of com- (a) IN GENERAL.—Section 103(b)(1) of the 1992 and 1993 (22 U.S.C. 2452 note) is amended mon issues and challenges in conducting inter- Human Rights, Refugee, and Other Foreign Re- by inserting ‘‘journalism and communications, national exchanges and training programs, in- lations Provisions Act of 1996 (Public Law 104– education administration, public policy, library cluding through the establishment of a clearing- 319; 22 U.S.C. 2151 note) is amended— (1) by striking ‘‘for fiscal year 1997’’ and in- and information science,’’ after ‘‘business ad- house for information on international ex- serting ‘‘for each of the fiscal years 1998 and ministration,’’ each of the two places it appears. change and training activities in the govern- (b) REDESIGNATION OF SOVIET UNION.—Section 1999’’; and mental and nongovernmental sectors. (2) by inserting after ‘‘who are outside Tibet’’ 227 of the Foreign Relations Authorization Act, ‘‘(C) In order to achieve the most efficient and the following: ‘‘(if practicable, including indi- Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) cost-effective use of Federal resources, to iden- viduals active in the preservation of Tibet’s is amended— tify administrative and programmatic duplica- unique culture, religion, and language)’’. (1) in subsections (a), (b), and (c)(5), by strik- tion and overlap of activities by the various ing ‘‘Soviet Union’’ each place it appears and (b) EFFECTIVE DATE.—The amendments made United States Government departments and by subsection (a) shall take effect on October 1, inserting ‘‘independent states of the former So- agencies involved in Government-sponsored viet Union’’; 1997. international exchange and training programs, SEC. 2416. UNITED STATES-JAPAN COMMISSION. (2) in subsection (c)(11), by striking ‘‘Soviet to identify how each Government-sponsored republics’’ and inserting ‘‘independent states of (a) RELIEF FROM RESTRICTION OF INTER- international exchange and training program CHANGEABILITY OF FUNDS.— the former Soviet Union’’; and promotes United States foreign policy, and to re- (3) in the section heading, by inserting (1) ELIMINATION OF RESTRICTION.—Section 6(4) port thereon. of the Japan-United States Friendship Act (22 ‘‘INDEPENDENT STATES OF THE FORMER’’ ‘‘(D)(i) Not later than 1 year after the date of after ‘‘FROM THE’’. U.S.C. 2905(4)) is amended by striking ‘‘needed, the enactment of the Foreign Relations Author- except’’ and all that follows through ‘‘United SEC. 2414. WORKING GROUP ON UNITED STATES ization Act, Fiscal Years 1998 and 1999, the States’’ and inserting ‘‘needed’’. GOVERNMENT-SPONSORED INTER- Working Group shall develop a coordinated and NATIONAL EXCHANGES AND TRAIN- (2) AUTHORIZED INVESTMENTS.—The second ING. cost-effective strategy for all United States Gov- sentence of section 7(b) of the Japan-United Section 112 of the Mutual Educational and ernment-sponsored international exchange and States Friendship Act (22 U.S.C. 2906(b)) is Cultural Exchange Act of 1961 (22 U.S.C. 2460) training programs, including an action plan amended to read as follows: ‘‘Such investment is amended by adding at the end the following with the objective of achieving a minimum of 10 may be made only in interest-bearing obligations new subsection: percent cost savings through greater efficiency, of the United States, in obligations guaranteed ‘‘(g) WORKING GROUP ON UNITED STATES GOV- the consolidation of programs, or the elimi- as to both principal and interest by the United ERNMENT SPONSORED INTERNATIONAL EX- nation of duplication, or any combination there- States, in interest-bearing obligations of Japan, CHANGES AND TRAINING.—(1) In order to carry of. or in obligations guaranteed as to both principal out the purposes of subsection (f) and to im- ‘‘(ii) Not later than 1 year after the date of and interest by Japan.’’. prove the coordination, efficiency, and effective- enactment of the Foreign Relations Authoriza- (b) REDESIGNATION OF COMMISSION.— ness of United States Government-sponsored tion Act, Fiscal Years 1998 and 1999, the Work- (1) REDESIGNATION.—Effective on the date of international exchanges and training, there is ing Group shall submit a report to the appro- enactment of this Act, the Japan-United States established within the United States Informa- priate congressional committees setting forth the Friendship Commission shall be redesignated as tion Agency a senior-level interagency working strategy and action plan required by clause (i). the ‘‘United States-Japan Commission’’. Any group to be known as the Working Group on ‘‘(iii) Each year thereafter the Working Group reference in any provision of law, Executive United States Government-Sponsored Inter- shall assess the strategy and plan required by order, regulation, delegation of authority, or national Exchanges and Training (in this sec- clause (i). other document to the Japan-United States ‘‘(E) Not later than 2 years after the date of tion referred to as the ‘Working Group’). Friendship Commission shall be considered to be ‘‘(2) For purposes of this subsection, the term the enactment of the Foreign Relations Author- a reference to the United States-Japan Commis- ‘Government-sponsored international exchanges ization Act, Fiscal Years 1998 and 1999, to de- sion. and training’ means the movement of people be- velop recommendations on common performance (2) CONFORMING AMENDMENT.—The heading of tween countries to promote the sharing of ideas, measures for all United States Government- section 4 of the Japan-United States Friendship to develop skills, and to foster mutual under- sponsored international exchange and training Act (22 U.S.C. 2903) is amended to read as fol- standing and cooperation, financed wholly or in programs, and to issue a report. lows: ‘‘(F) To conduct a survey of private sector part, directly or indirectly, with United States ‘‘UNITED STATES-JAPAN COMMISSION’’. international exchange activities and develop Government funds. (3) CONFORMING AMENDMENT.—The Japan- ‘‘(3) The Working Group shall be composed as strategies for expanding public and private part- United States Friendship Act is amended by follows: nerships in, and leveraging private sector sup- striking ‘‘Japan-United States Friendship Com- ‘‘(A) The Associate Director for Educational port for, United States Government-sponsored mission’’ each place such term appears and in- and Cultural Affairs of the United States Infor- international exchange and training activities. serting ‘‘United States-Japan Commission’’. mation Agency, who shall act as Chair. ‘‘(G) Not later than 6 months after the date of (c) REDESIGNATION OF TRUST FUND.— ‘‘(B) A senior representative of the Depart- the enactment of the Foreign Relations Author- (1) REDESIGNATION.—Effective on the date of ment of State, who shall be designated by the ization Act, Fiscal Years 1998 and 1999, to report enactment of this Act, the Japan-United States Secretary of State. on the feasibility and advisability of transfer- Friendship Trust Fund shall be redesignated as ‘‘(C) A senior representative of the Depart- ring funds and program management for the the ‘‘United States-Japan Trust Fund’’. Any ment of Defense, who shall be designated by the ATLAS or the Mandela Fellows programs, or reference in any provision of law, Executive Secretary of Defense. both, in South Africa from the Agency for Inter- order, regulation, delegation of authority, or ‘‘(D) A senior representative of the Depart- national Development to the United States In- other document to the Japan-United States ment of Education, who shall be designated by formation Agency. The report shall include an Friendship Trust Fund shall be considered to be the Secretary of Education. assessment of the capabilities of the South Afri- a reference to the United States-Japan Trust ‘‘(E) A senior representative of the Depart- can Fulbright Commission to manage such pro- Fund. ment of Justice, who shall be designated by the grams and the cost effects of consolidating such (2) CONFORMING AMENDMENT.—Section 3(a) of Attorney General. programs under one entity. the Japan-United States Friendship Act (22 ‘‘(F) A senior representative of the Agency for ‘‘(7) All reports prepared by the Working U.S.C. 2902(a)) is amended by striking ‘‘Japan- International Development, who shall be des- Group shall be submitted to the President, United States Friendship Trust Fund’’ and in- ignated by the Administrator of the Agency. through the Director of the United States Infor- serting ‘‘United States-Japan Trust Fund’’. ‘‘(G) Senior representatives of such other de- mation Agency. SEC. 2417. SURROGATE BROADCASTING STUDY. partments and agencies as the Chair determines ‘‘(8) The Working Group shall meet at least on Not later than 6 months after the date of en- to be appropriate. a quarterly basis. actment of this Act, the Broadcasting Board of H10750 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Governors, acting through the International (2) any statute enacted by Congress on or SEC. 2504. SERVICE IN INTERNATIONAL ORGANI- Broadcasting Bureau, should conduct and com- after the date of enactment of this Act. ZATIONS. plete a study of the appropriateness, feasibility, (b) JURISDICTION DESCRIBED.—The jurisdic- (a) IN GENERAL.—Section 3582(b) of title 5, and projected costs of providing surrogate tion described in this subsection is jurisdiction United States Code, is amended by striking all broadcasting service to Africa and transmit the over— after the first sentence and inserting the follow- results of the study to the appropriate congres- (1) persons found, property located, or acts or ing: ‘‘On reemployment, an employee entitled to sional committees. omissions committed, within the territory of the the benefits of subsection (a) is entitled to the SEC. 2418. RADIO BROADCASTING TO IRAN IN THE United States; or rate of basic pay to which the employee would FARSI LANGUAGE. (2) nationals of the United States, wherever have been entitled had the employee remained (a) RADIO FREE IRAN.—Not more than found. in the civil service. On reemployment, the agen- $4,000,000 of the funds made available under (c) STATUTORY CONSTRUCTION.—Nothing in cy shall restore the sick leave account of the em- section 2401(4) of this division for the fiscal year this section precludes sharing information, ex- ployee, by credit or charge, to its status at the 1998 for grants to RFE/RL, Incorporated, shall pertise, or other forms of assistance with such time of transfer. The period of separation be available only for surrogate radio broadcast- tribunal. caused by the employment of the employee with ing by RFE/RL, Incorporated, to the Iranian (d) DEFINITION.—The term ‘‘new international the international organization and the period people in the Farsi language, such broadcasts to criminal tribunal’’ means any permanent inter- necessary to effect reemployment are deemed be designated as ‘‘Radio Free Iran’’. national criminal tribunal established on or creditable service for all appropriate civil service (b) REPORT TO CONGRESS.—Not later than 60 after the date of enactment of this Act and does employment purposes. This subsection does not days after the date of enactment of this Act, the not include— apply to a congressional employee.’’. Broadcasting Board of Governors of the United (1) the International Tribunal for the Pros- (b) EFFECTIVE DATE.—The amendment made States Information Agency shall submit a de- ecution of Persons Responsible for Serious Vio- by subsection (a) shall apply with respect to tailed report to Congress describing the costs, lations of International Humanitarian Law in transfers that take effect on or after the date of implementation, and plans for creation of the the Territory of the Former Yugoslavia, as es- enactment of this Act. tablished by United Nations Security Council surrogate broadcasting service described in sub- SEC. 2505. REPORTS REGARDING FOREIGN TRAV- section (a). Resolution 827 of May 25, 1993; or EL. (2) the International Tribunal for the Pros- (c) AVAILABILITY OF FUNDS.—None of the (a) PROHIBITION.—Except as provided in sub- funds made available under subsection (a) may ecution of Persons Responsible for Genocide and section (e), none of the funds authorized to be be made available until submission of the report Other Serious Violations of International Hu- appropriated by this division may be used to required under subsection (b). manitarian Law Committed in the Territory of pay for the expenses of foreign travel by an offi- Rwanda and Rwandan Citizens Responsible for SEC. 2419. AUTHORITY TO ADMINISTER SUMMER cer or employee of an Executive branch agency TRAVEL AND WORK PROGRAMS. Genocide and Other Such Violations Committed to attend an international conference, or for the The Director of the United States Information in the Territory of Neighboring States, as estab- routine services that a United States diplomatic Agency is authorized to administer summer trav- lished by United Nations Security Council Reso- mission or consular post provides in support of el and work programs without regard to lution 955 of November 8, 1994. foreign travel by such an officer or employee to preplacement requirements. SEC. 2503. UNITED STATES MEMBERSHIP IN THE attend an international conference, unless that BUREAU OF THE INTERPARLIAMEN- SEC. 2420. PERMANENT ADMINISTRATIVE AU- officer or employee has submitted a preliminary TARY UNION. THORITIES REGARDING APPROPRIA- report with respect to that foreign travel in ac- (a) INTERPARLIAMENTARY UNION LIMITA- TIONS. cordance with subsection (b), and has not pre- Section 701(f) of the United States Information TION.—Unless the Secretary of State certifies to Congress that the United States will be assessed viously failed to submit a final report with re- and Educational Exchange Act of 1948 (22 spect to foreign travel to attend an international U.S.C. 1476(f)) is amended by striking para- not more than $500,000 for its annual contribu- tion to the Bureau of the Interparliamentary conference required by subsection (c). graph (4). (b) PRELIMINARY REPORTS.—A preliminary re- Union during fiscal year 1998, then effective Oc- SEC. 2421. VOICE OF AMERICA BROADCASTS. port referred to in subsection (a) is a report by tober 1, 1998, the authority for further participa- (a) IN GENERAL.—The Voice of America shall an officer or employee of an Executive branch tion by the United States in the Bureau shall devote programming each day to broadcasting agency with respect to proposed foreign travel to terminate in accordance with subsection (d). information on the individual States of the attend an international conference, submitted to (b) ELIMINATION OF AUTHORITY TO PAY EX- United States. The broadcasts shall include— the Director prior to commencement of the trav- PENSES OF THE AMERICAN GROUP.—Section 1 of (1) information on the products, tourism, and the Act entitled ‘‘An Act to authorize participa- el, setting forth— cultural and educational facilities of each State; (1) the name and employing agency of the of- (2) information on the potential for trade with tion by the United States in the Interparliamen- tary Union’’, approved June 28, 1935 (22 U.S.C. ficer or employee; each State; and (2) the name of the official who authorized 276) is amended— (3) discussions with State officials with re- the travel; and spect to the matters described in paragraphs (1) (1) in the first sentence— (A) by striking ‘‘fiscal year’’ and all that fol- (3) the purpose and duration of the travel. and (2). lows through ‘‘(1) for’’ and inserting ‘‘fiscal (c) FINAL REPORTS.—A final report referred to (b) REPORT.—Not later than July 1, 1998, the year for’’; in subsection (a) is a report by an officer or em- Broadcasting Board of Governors of the United (B) by striking ‘‘; and’’; and ployee of an Executive branch agency with re- States Information Agency shall submit a report (C) by striking paragraph (2); and spect to foreign travel to attend an international to Congress detailing the actions that have been (2) by striking the second sentence. conference, submitted to the Director not later taken to carry out subsection (a). (c) ELIMINATION OF PERMANENT APPROPRIA- than 30 days after the conclusion of the travel— (c) STATE DEFINED.—In this section, the term TION.—Section 303 of the Departments of Com- (1) setting forth the actual duration and cost ‘‘State’’ means any of the several States of the merce, Justice, and State, the Judiciary, and Re- of the travel; and United States, the District of Columbia, or any lated Agencies Appropriations Act, 1988 (as con- (2) updating any other information included commonwealth or territory of the United States. tained in section 101(a) of the Continuing Ap- in the preliminary report. TITLE XXV—INTERNATIONAL ORGANIZA- propriations Act, 1988 (Public Law 100–202; 22 (d) REPORTS TO CONGRESS.—The Director TIONS OTHER THAN UNITED NATIONS U.S.C. 276 note)) is amended— shall submit a report no later than October 1 SEC. 2501. INTERNATIONAL CONFERENCES AND (1) by striking ‘‘$440,000’’ and inserting and April 1 of each year to the Committees on CONTINGENCIES. ‘‘$350,000’’; and Foreign Relations and Appropriations of the There are authorized to be appropriated for (2) by striking ‘‘paragraph (2) of the first sec- Senate and the Committees on International Re- ‘‘International Conferences and Contingencies’’, tion of Public Law 74–170,’’. lations and Appropriations of the House of Rep- $12,000,000 for the fiscal year 1998 for the De- (d) CONDITIONAL TERMINATION OF AUTHOR- resentatives, setting forth with respect to each partment of State to carry out the authorities, ITY.—Unless Congress receives the certification international conference for which reports de- functions, duties, and responsibilities in the described in subsection (a) before October 1, scribed in subsection (c) were required to be sub- conduct of the foreign affairs of the United 1998, effective on that date the Act entitled ‘‘An mitted to the Director during the preceding six States with respect to international conferences Act to authorize participation by the United months— and contingencies and to carry out other au- States in the Interparliamentary Union’’, ap- (1) the names and employing agencies of all thorities in law consistent with such purposes. proved June 28, 1935 (22 U.S.C. 276–276a–4) is re- officers and employees of Executive branch SEC. 2502. RESTRICTION RELATING TO UNITED pealed. agencies who attended the international con- STATES ACCESSION TO ANY NEW (e) TRANSFER OF FUNDS TO THE TREASURY.— ference; INTERNATIONAL CRIMINAL TRIBU- Unobligated balances of appropriations made (2) the names of all officials who authorized NAL. under section 303 of the Departments of Com- travel to the international conference, and the (a) PROHIBITION.—The United States shall not merce, Justice, and State, the Judiciary, and Re- total number of officers and employees who were become a party to any new international crimi- lated Agencies Appropriations Act 1988 (as con- authorized to travel to the conference by each nal tribunal, nor give legal effect to the jurisdic- tained in section 101(a) of the Continuing Ap- such official; and tion of such a tribunal over any matter de- propriations Act, 1988; Public Law 100–202) that (3) the total cost of travel by officers and em- scribed in subsection (b), except pursuant to— are available as of the day before the date of en- ployees of Executive branch agencies to the (1) a treaty made under Article II, section 2, actment of this Act shall be transferred on such international conference. clause 2 of the Constitution of the United States date to the general fund of the Treasury of the (e) EXCEPTIONS.—This section shall not apply on or after the date of enactment of this Act; or United States. to travel by— November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10751

(1) the President or the Vice President; or limited to discussions on arms control, further (4) CONSULTATIONS.—As negotiations on adap- (2) any officer or employee who is carrying Alliance enlargement, procurement matters, and tation of the Treaty on Conventional Armed out an intelligence or intelligence-related activ- strategic doctrine, that are not subject to review Forces in Europe proceed, the United States ity, who is performing a protective function, or or discussion in the NATO-Russia Permanent should engage in close and continuous consulta- who is engaged in a sensitive diplomatic mis- Joint Council; tions not only with its NATO allies, but also sion. (6) the United States should work to ensure with the emerging democracies of Central and (f) DEFINITIONS.—In this section: that countries invited to join the Alliance are Eastern Europe, Ukraine, and the South (1) DIRECTOR.—The term ‘‘Director’’ means provided an immediate seat in NATO discus- Caucasus. the Director of the Office of International Con- sions; and (c) POLICY WITH RESPECT TO BALLISTIC MIS- ferences of the Department of State. (7) the United States already pays more than SILE DEFENSE COOPERATION.— (2) EXECUTIVE BRANCH AGENCY.—The terms a proportionate share of the costs of the common (1) IN GENERAL.—As the United States pro- ‘‘Executive branch agency’’ and ‘‘Executive defense of Europe and should obtain, in ad- ceeds with efforts to develop defenses against branch agencies’’ mean— vance, agreement on an equitable distribution of ballistic missile attack, it should seek to foster a (A) an entity or entities, other than the Gen- the cost of NATO enlargement to ensure that climate of cooperation with Russia on matters eral Accounting Office, defined in section 105 of the United States does not continue to bear a related to missile defense. In particular, the title 5, United States Code; and disproportionate burden. United States and its NATO allies should seek (B) the Executive Office of the President (ex- (b) POLICY WITH RESPECT TO NEGOTIATIONS to cooperate with Russia in such areas as early cept as provided in subsection (e)). WITH RUSSIA.— warning. (3) INTERNATIONAL CONFERENCE.—The term (1) IMPLEMENTATION.—NATO enlargement (2) DISCUSSIONS WITH NATO ALLIES.—The Unit- ‘‘international conference’’ means any meeting should be carried out in such a manner as to ed States should initiate discussions with its held under the auspices of an international or- underscore the Alliance’s defensive nature and NATO allies for the purpose of examining the ganization or foreign government, at which rep- demonstrate to Russia that NATO enlargement feasibility of deploying a ballistic missile defense resentatives of more than two foreign govern- will enhance the security of all countries in Eu- capable of protecting NATO’s southern and ments are expected to be in attendance, and to rope, including Russia. Accordingly, the United eastern flanks from a limited ballistic missile at- which United States Executive branch agencies States and its NATO allies should make this in- tack. will send a total of ten or more representatives. tention clear in negotiations with Russia, in- (3) CONSTITUTIONAL PREROGATIVES.—Even as (g) REPORT.—Not later than 180 days after the cluding negotiations regarding adaptation of the Congress seeks to promote ballistic missile date of enactment of this Act, and annually the Conventional Armed Forces in Europe (CFE) defense cooperation with Russia, it must insist thereafter, the President shall submit to the ap- Treaty of November 19, 1990. on its constitutional prerogatives regarding con- propriate congressional committees a report de- (2) LIMITATIONS ON COMMITMENTS TO RUS- sideration of arms control agreements with Rus- scribing— SIA.—In seeking to demonstrate to Russia sia that bear on ballistic missile defense. (1) the total Federal expenditure of all official NATO’s defensive and security-enhancing in- SEC. 2703. AUTHORITIES RELATING TO NATO EN- international travel in each Executive branch tentions, it is essential that neither fundamental LARGEMENT. agency during the previous fiscal year; and United States security interests in Europe nor (a) POLICY OF SECTION.—This section is en- (2) the total number of individuals in each the effectiveness and flexibility of NATO as a acted in order to implement the policy set forth agency who engaged in such travel. defensive alliance be jeopardized. In particular, in section 2702(a). TITLE XXVI—UNITED STATES ARMS no commitments should be made to Russia that (b) DESIGNATION OF ADDITIONAL COUNTRIES CONTROL AND DISARMAMENT AGENCY would have the effect of— ELIGIBLE FOR NATO ENLARGEMENT ASSIST- (A) extending rights or imposing responsibil- SEC. 2601. AUTHORIZATION OF APPROPRIATIONS. ANCE.— ities on new NATO members different from those There are authorized to be appropriated to (1) DESIGNATION OF ADDITIONAL COUNTRIES.— applicable to current NATO members, including carry out the purposes of the Arms Control and Romania, Estonia, Latvia, Lithuania, and Bul- rights or responsibilities with respect to the de- Disarmament Act $41,500,000 for the fiscal year garia are each designated as eligible to receive ployment of nuclear weapons and the stationing 1998. assistance under the program established under of troops and equipment from other NATO mem- SEC. 2602. STATUTORY CONSTRUCTION. section 203(a) of the NATO Participation Act of bers; 1994 (22 U.S.C. 1928 note) and shall be deemed to Section 303 of the Arms Control and Disar- (B) limiting the ability of NATO to defend the have been so designated pursuant to section mament Act (22 U.S.C. 2573), as redesignated by territory of new NATO members by, for example, 203(d)(1) of such Act. section 1223 of this division, is amended by add- restricting the construction of defense infra- (2) RULE OF CONSTRUCTION.—The designation ing at the end the following new subsection: structure or limiting the ability of NATO to de- ‘‘(c) STATUTORY CONSTRUCTION.—Nothing of countries pursuant to paragraph (1) as eligi- ploy necessary reinforcements; ble to receive assistance under the program es- contained in this chapter shall be construed to (C) providing any international organization, tablished under section 203(a) of the NATO Par- authorize any policy or action by any Govern- or any country that is not a member of NATO, ticipation Act of 1994— ment agency which would interfere with, re- with authority to delay, veto, or otherwise im- (A) is in addition to the designation of other strict, or prohibit the acquisition, possession, or pede deliberations and decisions of the North countries by law or pursuant to section 203(d)(2) use of firearms by an individual for the lawful Atlantic Council or the implementation of such of such Act as eligible to receive assistance purpose of personal defense, sport, recreation, decisions, including deliberations and decisions under the program established under section education, or training.’’. with respect to the deployment of NATO forces 203(a) of such Act; and TITLE XXVII—EUROPEAN SECURITY ACT or the admission of additional members to (B) shall not preclude the designation by the OF 1997 NATO; President of other emerging democracies in (D) impeding the development of enhanced re- SEC. 2701. SHORT TITLE. Central and Eastern Europe pursuant to section lations between NATO and other European This title may be cited as the ‘‘European Secu- 203(d)(2) of such Act as eligible to receive assist- rity Act of 1997’’. countries that do not belong to the Alliance; (E) establishing a nuclear weapons-free zone ance under the program established under sec- SEC. 2702. STATEMENT OF POLICY. in Central or Eastern Europe; tion 203(a) of such Act. (a) POLICY WITH RESPECT TO NATO ENLARGE- (F) requiring NATO to subsidize Russian arms (3) SENSE OF CONGRESS.—It is the sense of MENT.—Congress urges the President to outline sales, service, or support to the militaries of Congress that Romania, Estonia, Latvia, Lith- a clear and complete strategic rationale for the those former Warsaw Pact countries invited to uania, and Bulgaria— enlargement of the North Atlantic Treaty Orga- join the Alliance; or (A) are to be commended for their progress to- nization (NATO), and declares that— (G) legitimizing Russian efforts to link conces- ward political and economic reform and meeting (1) Poland, Hungary, and the Czech Republic sions in arms control negotiations to NATO en- the guidelines for prospective NATO members; should not be the last emerging democracies in largement. (B) would make an outstanding contribution Central and Eastern Europe invited to join (3) COMMITMENTS FROM RUSSIA.—In order to to furthering the goals of NATO and enhancing NATO; enhance security and stability in Europe, the stability, freedom, and peace in Europe should (2) the United States should ensure that United States should seek commitments from they become NATO members; and NATO continues a process whereby all other Russia— (C) upon complete satisfaction of all relevant emerging democracies in Central and Eastern (A) to demarcate and respect all its borders criteria should be invited to become full NATO Europe that wish to join NATO will be consid- with neighboring states; members at the earliest possible date. ered for membership in NATO as soon as they (B) to achieve the immediate and complete (c) REGIONAL AIRSPACE INITIATIVE AND PART- meet the criteria for such membership; withdrawal of any armed forces and military NERSHIP FOR PEACE INFORMATION MANAGEMENT (3) the United States should ensure that no equipment under the control of Russia that are SYSTEM.— limitations are placed on the numbers of NATO deployed on the territories of the independent (1) IN GENERAL.—Funds described in para- troops or types of equipment, including tactical states of the former Soviet Union without the graph (2) are authorized to be made available to nuclear weapons, to be deployed on the territory full and complete agreement of those states; support the implementation of the Regional Air- of new member states; (C) to station its armed forces on the territory space Initiative and the Partnership for Peace (4) the United States should reject all efforts of other states only with the full and complete Information Management System, including— to condition NATO decisions on review or ap- agreement of that state and in strict accordance (A) the procurement of items in support of proval by the United Nations Security Council; with international law; and these programs; and (5) the United States should clearly delineate (D) to take steps to reduce further its nuclear (B) the transfer of such items to countries par- those NATO deliberations, including but not and conventional forces in Kaliningrad. ticipating in these programs. H10752 CONGRESSIONAL RECORD — HOUSE November 12, 1997

(2) FUNDS DESCRIBED.—Funds described in be considered for advice and consent to ratifica- all unresolved cases of prisoners of war (POWs) this paragraph are funds that are available— tion unless, consistent with the certification of or persons missing-in-action (MIAs) through the (A) during any fiscal year under the NATO the President pursuant to condition (9) of the provision of records and the unilateral and joint Participation Act of 1994 with respect to coun- resolution of ratification of the CFE Flank Doc- recovery and repatriation of American remains; tries eligible for assistance under that Act; or ument, the President submits for Senate advice (2) the Government of the Socialist Republic of (B) during fiscal year 1998 under any Act to and consent to ratification any agreement, ar- Vietnam has made progress toward the release carry out the Warsaw Initiative. rangement, or understanding that would— of all political and religious prisoners, including (d) EXTENSION OF AUTHORITY REGARDING EX- (A) add one or more countries as State Parties Catholic, Protestant, and Buddhist clergy; CESS DEFENSE ARTICLES.—Section 105 of Public to the ABM Treaty, or otherwise convert the (3) the Government of the Socialist Republic of Law 104-164 (110 Stat. 1427) is amended by strik- ABM Treaty from a bilateral treaty to a multi- Vietnam is cooperating with requests by the ing ‘‘1996 and 1997’’ and inserting ‘‘1997, 1998, lateral treaty; or United States to obtain full and free access to and 1999’’. (B) change the geographic scope or coverage persons of humanitarian interest to the United (e) CONFORMING AMENDMENTS TO THE NATO of the ABM Treaty, or otherwise modify the States for interviews under the Orderly Depar- PARTICIPATION ACT OF 1994.—Section 203(c) of meaning of the term ‘‘national territory’’ as ture (ODP) and Resettlement Opportunities for the NATO Participation Act of 1994 (22 U.S.C. used in Article VI and Article IX of the ABM Vietnamese Refugees (ROVR) programs, and in 1928 note) is amended— Treaty. providing exit visas for such persons; (1) in paragraph (1), by striking ‘‘, without re- (2) PRESERVATION OF UNITED STATES THEATER (4) the Government of the Socialist Republic of gard to the restrictions’’ and all that follows BALLISTIC MISSILE DEFENSE POTENTIAL.—It is the Vietnam has taken vigorous action to end extor- through ‘‘section)’’; sense of Congress that no ABM/TMD demarca- tion, bribery, and other corrupt practices in con- (2) by striking paragraph (2); tion agreement that would reduce the capabili- nection with such exit visas; and (3) in paragraph (6), by striking ‘‘appro- ties of United States theater missile defense sys- (5) the Government of the United States is priated under the ‘Nonproliferation and Disar- tems, or the numbers or deployment patterns of making vigorous efforts to interview and resettle mament Fund’ account’’ and inserting ‘‘made such systems, will be approved for entry into former reeducation camp victims, their imme- available for the ‘Nonproliferation and Disar- force with respect to the United States. diate families including unmarried sons and mament Fund’ ’’; and (d) REPORT ON COOPERATIVE PROJECTS WITH daughters, former United States Government (4) in paragraph (8)— RUSSIA.—Not later than January 1, 1998, Janu- employees, and other persons eligible for the (A) by striking ‘‘any restrictions in sections ary 1, 1999, and January 1, 2000, the President ODP program, and to give such persons the full 516 and 519’’ and inserting ‘‘section 516(e)’’; shall submit to the Committees on International benefit of all applicable United States laws in- (B) by striking ‘‘as amended,’’; and Relations, National Security, and Appropria- cluding sections 599D and 599E of the Foreign (C) by striking ‘‘paragraphs (1) and (2)’’ and tions of the House of Representatives and the Operations, Export Financing, and Related Pro- inserting ‘‘paragraph (1)’’; and Committees on Foreign Relations, Armed Serv- grams Appropriations Act of 1990 (Public Law (5) by redesignating paragraphs (3) through ices, and Appropriations of the Senate a report 101–167). (8) as paragraphs (2) through (7), respectively. on cooperative projects with Russia in the area SEC. 2802. REPORTS ON DETERMINATIONS SEC. 2704. SENSE OF CONGRESS WITH RESPECT of ballistic missile defense, including in the area UNDER TITLE IV OF THE LIBERTAD TO THE TREATY ON CONVENTIONAL of early warning. Each such report shall include ACT. ARMED FORCES IN EUROPE. the following: It is the sense of Congress that no revisions to (a) REPORTS REQUIRED.—Not later than 30 (1) COOPERATIVE PROJECTS.—A description of the Treaty on Conventional Armed Forces in days after the date of the enactment of this Act all cooperative projects conducted in the area of and every 3 months thereafter during the period Europe will be approved for entry into force early warning and ballistic missile defense dur- with respect to the United States that jeopardize ending September 30, 1999, the Secretary of State ing the preceding fiscal year and the fiscal year shall submit to the appropriate congressional fundamental United States security interests in during which the report is submitted. Europe or the effectiveness and flexibility of committees a report on the implementation of (2) FUNDING.—A description of the funding for NATO as a defensive alliance by— section 401 of the Cuban Liberty and Democratic such projects during the preceding fiscal year Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. (1) extending rights or imposing responsibil- and the year during which the report is submit- ities on new NATO members different from those 6091). Each report shall include— ted and the proposed funding for such projects (1) an unclassified list, by economic sector, of applicable to current NATO members, including for the next fiscal year. rights or responsibilities with respect to the de- the number of entities then under review pursu- (3) STATUS OF DIALOGUE OR DISCUSSIONS.—A ant to that section; ployment of nuclear weapons and the stationing description of the status of any dialogue or dis- of troops and equipment from other NATO mem- (2) an unclassified list of all entities and a cussions conducted during the preceding fiscal classified list of all individuals that the Sec- bers; year between the United States and Russia (2) limiting the ability of NATO to defend the retary of State has determined to be subject to aimed at exploring the potential for mutual ac- that section; territory of new NATO members by, for example, commodation of outstanding issues between the restricting the construction of defense infra- (3) an unclassified list of all entities and a two nations on matters relating to ballistic mis- classified list of all individuals that the Sec- structure or limiting the ability of NATO to de- sile defense and the ABM Treaty, including the ploy necessary reinforcements; retary of State has determined are no longer possibility of developing a strategic relationship subject to that section; (3) providing any international organization, not based on mutual nuclear threats. or any country that is not a member of NATO, (4) an explanation of the status of the review (e) DEFINITIONS.—In this section: with the authority to delay, veto, or otherwise underway for the cases referred to in paragraph (1) ABM/TMD DEMARCATION AGREEMENT.— (1); and impede deliberations and decisions of the North The term ‘‘ABM/TMD demarcation agreement’’ Atlantic Council or the implementation of such (5) an unclassified explanation of each deter- means any agreement that establishes a demar- mination of the Secretary of State under section decisions, including deliberations and decisions cation between theater ballistic missile defense with respect to the deployment of NATO forces 401(a) of that Act and each finding of the Sec- systems and strategic antiballistic missile de- retary under section 401(c) of that Act— or the admission of additional members to fense systems for purposes of the ABM Treaty. NATO; or (A) since the date of the enactment of this (2) ABM TREATY.—The term ‘‘ABM Treaty’’ Act, in the case of the first report under this (4) impeding the development of enhanced re- means the Treaty Between the United States of lations between NATO and other European subsection; and American and the Union of Soviet Socialist Re- (B) in the preceding 3-month period, in the countries that do not belong to the Alliance. publics on the Limitation of Anti-Ballistic Mis- SEC. 2705. RESTRICTIONS AND REQUIREMENTS case of each subsequent report. sile Systems, signed at Moscow on May 26, 1972 (b) PROTECTION OF IDENTITY OF CONCERNED RELATING TO BALLISTIC MISSILE (23 UST 3435), and includes the Protocols to DEFENSE. ENTITIES.—In preparing the report under sub- that Treaty, signed at Moscow on July 3, 1974 (a) POLICY OF SECTION.—This section is en- section (a), the names of entities shall not be (27 UST 1645). acted in order to implement the policy set forth identified under paragraph (1) or (4). in section 2702(c). TITLE XXVIII—MISCELLANEOUS SUBDIVISION 3—UNITED NATIONS (b) RESTRICTION ON ENTRY INTO FORCE OF PROVISIONS REFORM ABM/TMD DEMARCATION AGREEMENTS.—An SEC. 2801. REPORT ON RELATIONS WITH VIET- TITLE XXX—GENERAL PROVISIONS ABM/TMD demarcation agreement shall not be NAM. binding on the United States, and shall not In order to provide Congress with the nec- SEC. 3001. SHORT TITLE. enter into force with respect to the United essary information by which to evaluate the re- This subdivision may be cited as the ‘‘United States, unless, after the date of enactment of lationship between the United States and Viet- Nations Reform Act of 1997’’. this Act, that agreement is specifically approved nam, the Secretary of State shall submit a report SEC. 3002. DEFINITIONS. with the advice and consent of the United to the appropriate congressional committees, not In this subdivision: States Senate pursuant to Article II, section 2, later than 90 days after the date of enactment of (1) APPROPRIATE CONGRESSIONAL COMMIT- clause 2 of the Constitution. this Act and every 180 days thereafter during TEES.—The term ‘‘appropriate congressional (c) SENSE OF CONGRESS WITH RESPECT TO DE- the period ending September 30, 1999, on the ex- committees’’ means the Committee on Foreign MARCATION AGREEMENTS.— tent to which— Relations and the Committee on Appropriations (1) RELATIONSHIP TO MULTILATERALIZATION (1) the Government of the Socialist Republic of of the Senate and the Committee on Inter- OF ABM TREATY.—It is the sense of Congress Vietnam is cooperating with the United States national Relations and the Committee on Appro- that no ABM/TMD demarcation agreement will in providing the fullest possible accounting of priations of the House of Representatives. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10753

(2) DESIGNATED SPECIALIZED AGENCY DE- (ii) has established procedures that require the heading ‘‘Contributions to International Orga- FINED.—The term ‘‘designated specialized agen- Under Secretary General of the Office of Inter- nizations’’ may not exceed $900,000,000 for each cy’’ means the International Labor Organiza- nal Oversight Service to report directly to the of fiscal years 1999 and 2000. tion, the World Health Organization, and the Secretary General on the adequacy of the Of- (2) CONSULTATIONS WITH CONGRESS.—The Sec- Food and Agriculture Organization. fice’s resources to enable the Office to fulfill its retary of State shall regularly consult with the (3) GENERAL ASSEMBLY.—The term ‘‘General mandate; and appropriate congressional committees regarding Assembly’’ means the General Assembly of the (iii) has made available an adequate amount the impact, if any, of the limitation in para- United Nations. of funds to the Office for carrying out its func- graph (1) on the maintenance of United States (4) SECRETARY GENERAL.—The term ‘‘Sec- tions. membership in such international organizations. retary General’’ means the Secretary General of (B) AUTHORITY OF OIOS.—The Office of Inter- (h) FOREIGN CURRENCY EXCHANGE RATES.— the United Nations. nal Oversight Services has authority to audit, (1) AUTHORIZATION OF APPROPRIATIONS.—In (5) SECURITY COUNCIL.—The term ‘‘Security inspect, or investigate each program, project, or addition to amounts authorized to be appro- Council’’ means the Security Council of the activity funded by the United Nations, and each priated by subsection (a), there are authorized United Nations. executive board created under the United Na- to be appropriated such sums as may be nec- (6) UNITED NATIONS MEMBER.—The term tions has been notified, in writing, of that au- essary for each of fiscal years 1998 and 1999 to ‘‘United Nations member’’ means any country thority. offset adverse fluctuations in foreign currency that is a member of the United Nations. (3) AMENDMENT OF THE FOREIGN RELATIONS exchange rates. (7) UNITED NATIONS PEACEKEEPING OPER- AUTHORIZATION ACT, FISCAL YEARS 1994 AND (2) AVAILABILITY OF FUNDS.—Amounts appro- ATION.—The term ‘‘United Nations peacekeeping 1995.—Section 401(b) of the Foreign Relations priated under this subsection shall be available operation’’ means any United Nations-led oper- Authorization Act, Fiscal Years 1994 and 1995 is for obligation and expenditure only to the ex- ation to maintain or restore international peace amended— tent that the Director of the Office of Manage- or security that— (A) by amending paragraph (6) to read as fol- ment and Budget determines and certifies to (A) is authorized by the Security Council; and lows: Congress that such amounts are necessary due (B) is paid for from assessed contributions of ‘‘(6) the United Nations has procedures in to such fluctuations. United Nations members that are made available place to ensure that all reports submitted by the (i) REFUND OF EXCESS CONTRIBUTIONS.—The for peacekeeping activities. Office of Internal Oversight Service are made United States shall continue to insist that the SEC. 3003. NONDELEGATION OF CERTIFICATION available to the member states of the United Na- United Nations and its specialized and affiliated REQUIREMENTS. tions without modification except to the extent agencies shall credit or refund to each member The Secretary of State may not delegate the necessary to protect the privacy rights of indi- of the agency concerned its proportionate share authority in this subdivision to make any cer- viduals.’’; and of the amount by which the total contributions tification. (B) by striking ‘‘Inspector General’’ each to the agency exceed the expenditures of the TITLE XXXI—AUTHORIZATION OF place it appears and inserting ‘‘Office of Inter- regular assessed budgets of these agencies. APPROPRIATIONS nal Oversight Service’’. SEC. 3102. CONTRIBUTIONS FOR INTERNATIONAL SEC. 3101. CONTRIBUTIONS TO INTERNATIONAL (d) PROHIBITION ON CERTAIN GLOBAL CON- PEACEKEEPING ACTIVITIES. ORGANIZATIONS. FERENCES.—None of the funds made available (a) AUTHORIZATION OF APPROPRIATIONS.— (a) AUTHORIZATION OF APPROPRIATIONS.— under subsection (a) shall be available for any There are authorized to be appropriated under There are authorized to be appropriated under United States contribution to pay for any ex- the heading ‘‘Contributions for International the heading ‘‘Contributions to International Or- penses related to the holding of a United Na- Peacekeeping Activities’’ $220,000,000 for the fis- ganizations’’ $938,000,000 for the fiscal year 1998 tions Global Conference. cal year 1998 and $220,000,000 for the fiscal year and $900,000,000 for the fiscal year 1999 for the (e) REDUCTION IN NUMBER OF POSTS.— 1999 for the Department of State to carry out the Department of State to carry out the authori- (1) FISCAL YEAR 1998.—Of the funds authorized authorities, functions, duties, and responsibil- ties, functions, duties, and responsibilities in the to be appropriated for fiscal year 1998 for the ities in the conduct of the foreign affairs of the conduct of the foreign affairs of the United United Nations by subsection (a), $50,000,000 United States with respect to international States with respect to international organiza- shall be withheld from obligation and expendi- peacekeeping activities and to carry out other tions and to carry out other authorities in law ture until the Secretary of State certifies to Con- authorities in law consistent with such pur- consistent with such purposes. gress that the number of posts authorized under poses. (b) NO GROWTH BUDGET.— the 1998–99 regular budget of the United Na- (b) CODIFICATION OF REQUIRED NOTICE OF (1) FISCAL YEAR 1998.—Of the funds made tions, and authorized by the General Assembly, PROPOSED UNITED NATIONS PEACEKEEPING OP- available for fiscal year 1998 under subsection has resulted in a net reduction of at least 1,000 ERATIONS.— (a), $80,000,000 may be made available only after posts from the 10,012 posts authorized under the (1) CODIFICATION.—Section 4 of the United the Secretary of State certifies that the United 1996–97 United Nations biennium budget, as a Nations Participation Act of 1945 (22 U.S.C. Nations has taken no action during calendar result of a suppression of that number of posts. 287b) is amended— year 1997 to increase funding for any United (2) FISCAL YEAR 1999.—Not later than October (A) in subsection (a), by striking the second Nations program without identifying an offset- 1, 1998, the Secretary of State shall submit a re- sentence; and ting decrease elsewhere in the United Nations port to the appropriate congressional committees (B) by striking subsection (e) and inserting budget and cause the United Nations to exceed specifying— the following: its no growth budget of $2,603,290,900 for the (A) the budget savings associated with the re- ‘‘(e) CONSULTATIONS AND REPORTS ON UNITED biennieum 1996–97 adopted in December 1996. duction of the 1,000 posts specified in paragraph NATIONS PEACEKEEPING OPERATIONS.— (2) FISCAL YEAR 1999.—Of the funds made (1), including any reduction in the United ‘‘(1) CONSULTATIONS.—Each month the Presi- available for fiscal year 1999 under subsection States assessed contribution for the United Na- dent shall consult with Congress on the status (a), $80,000,000 may be made available only after tions regular budget resulting from those sav- of United Nations peacekeeping operations. the Secretary of State certifies that the United ings; ‘‘(2) INFORMATION TO BE PROVIDED.—In con- Nations has taken no action during calendar (B) the vacancy rates for United Nations pro- nection with such consultations, the following year 1998 to increase funding for any United fessional and general service staff contained in information shall be provided each month to the Nations program without identifying an offset- the United Nations biennium budget for 1998–99, designated congressional committees: ting decrease elsewhere in the United Nations including any reduction in the United States as- ‘‘(A) With respect to ongoing United Nations budget of $2,533,000,000 and cause the United sessed contribution for the United Nations regu- peacekeeping operations, the following: Nations to exceed that budget. lar budget resulting from those vacancy rates; ‘‘(i) A list of all resolutions of the United Na- (c) INSPECTOR GENERAL OF THE UNITED NA- and tions Security Council anticipated to be voted TIONS.— (C) the goals of the United States for further on during such month that would extend or (1) WITHHOLDING OF FUNDS.—Twenty percent staff reductions and associated budget savings change the mandate of any United Nations of the funds made available in each fiscal year for the 1998–99 United Nations biennium budget. peacekeeping operation. under subsection (a) for the assessed contribu- (f) PROHIBITION ON FUNDING OTHER FRAME- ‘‘(ii) For each such operation, any changes in tion of the United States to the United Nations WORK TREATY-BASED ORGANIZATIONS.—None of the duration, mandate, and command and con- shall be withheld from obligation and expendi- the funds made available for the 1998-1999 bien- trol arrangements that are anticipated as a re- ture until a certification is made under para- nium budget under subsection (a) for United sult of the adoption of the resolution. graph (2). States contributions to the regular budget of the ‘‘(iii) An estimate of the total cost to the Unit- (2) CERTIFICATION.—A certification under this United Nations shall be available for the United ed Nations of each such operation for the period paragraph is a certification by the Secretary of States proportionate share of any other frame- covered by the resolution, and an estimate of State in the fiscal year concerned that the fol- work treaty-based organization, including the the amount of that cost that will be assessed to lowing conditions are satisfied: Framework Convention on Global Climate the United States. (A) ACTION BY THE UNITED NATIONS.—The Change, the International Seabed Authority, ‘‘(iv) Any anticipated significant changes in United Nations— and the 1998 Desertification Convention. United States participation in or support for (i) has met the requirements of paragraphs (1) (g) LIMITATIONS FOR FISCAL YEARS 1999 AND each such operation during the period covered through (6) of section 401(b) of the Foreign Re- 2000.— by the resolution (including the provision of fa- lations Authorization Act, Fiscal Years 1994 and (1) IN GENERAL.—The total amount of funds cilities, training, transportation, communica- 1995 (22 U.S.C. 287e note), as amended by para- made available for all United States member- tion, and logistical support, but not including graph (3); ships in international organizations under the intelligence activities reportable under title V of H10754 CONGRESSIONAL RECORD — HOUSE November 12, 1997

the National Security Act of 1947 (50 U.S.C. 413 ‘‘(ii) EXCEPTION.—This subparagraph does not (3) steps taken by the United States to secure et seq.)), and the estimated costs to the United apply to— abolition by the United Nations of groups under States of such changes. ‘‘(I) assistance having a value of less than subsection (b). ‘‘(B) With respect to each new United Nations $3,000,000 in the case of nonreimbursable assist- (d) ANNUAL CONSULTATION.—At the time of peacekeeping operation that is anticipated to be ance or less than $14,000,000 in the case of reim- the submission of each annual report under sub- authorized by a Security Council resolution dur- bursable assistance; or section (c), the Secretary of State shall consult ing such month, the following information for ‘‘(II) assistance provided under the emergency with the appropriate congressional committees the period covered by the resolution: drawdown authority of sections 506(a)(1) and on specific responses received by the Secretary ‘‘(i) The anticipated duration, mandate, the 552(c)(2) of the Foreign Assistance Act of 1961 of State from each of the nations of the Western command and control arrangements of such op- (22 U.S.C. 2318(a)(1) and 2348a(c)(2)). Europe and Others Group (WEOG) on their po- eration, the planned exit strategy, and the vital ‘‘(B) QUARTERLY REPORTS.— sition concerning Israel’s acceptance into their national interest to be served. ‘‘(i) IN GENERAL.—The President shall submit organization. quarterly reports to the designated congres- ‘‘(ii) An estimate of the total cost to the Unit- SEC. 3202. DATA ON COSTS INCURRED IN SUP- ed Nations of the operation, and an estimate of sional committees on all assistance provided by PORT OF UNITED NATIONS PEACE- the amount of that cost that will be assessed to the United States during the preceding calendar KEEPING OPERATIONS. the United States. quarter to the United Nations to support peace- Chapter 6 of part II of the Foreign Assistance ‘‘(iii) A description of the functions that keeping operations. Act of 1961 (22 U.S.C. 2348 et seq.) is amended by would be performed by any United States Armed ‘‘(ii) MATTERS INCLUDED.—Each report under adding at the end the following: this subparagraph shall describe the assistance Forces participating in or otherwise operating in ‘‘SEC. 554. DATA ON COSTS INCURRED IN SUP- support of the operation, an estimate of the provided for each such operation, listed by cat- PORT OF UNITED NATIONS PEACE- number of members of the Armed Forces that egory of assistance. KEEPING OPERATIONS. will participate in or otherwise operate in sup- ‘‘(iii) FOURTH QUARTER REPORT.—The report ‘‘(a) UNITED STATES COSTS.—The United port of the operation, and an estimate of the under this subparagraph for the fourth calendar States shall annually provide to the Secretary cost to the United States of such participation quarter of each year shall be submitted as part General of the United Nations data regarding or support. of the annual report required by subsection (d) all costs incurred by the United States in sup- ‘‘(iv) A description of any other United States and shall include cumulative information for port of all United Nations peacekeeping oper- assistance to or support for the operation (in- the preceding calendar year. ations. ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT- cluding the provision of facilities, training, ‘‘(b) UNITED NATIONS MEMBER COSTS.—The transportation, communication, and logistical TEES.—In this section, the term ‘designated con- United States shall request that the United Na- support, but not including intelligence activities gressional committees’ means the Committee on tions compile and publish information concern- reportable under title V of the National Security Foreign Relations and the Committee on Appro- ing costs incurred by United Nations members in Act of 1947 (50 U.S.C. 413 et seq.)) and an esti- priations of the Senate and the Committee on support of such operations.’’. International Relations and the Committee on mate of the cost to the United States of such as- SEC. 3203. REIMBURSEMENT FOR GOODS AND sistance or support. Appropriations of the House of Representa- SERVICES PROVIDED BY THE UNIT- ‘‘(v) A reprogramming of funds pursuant to tives.’’. ED STATES TO THE UNITED NA- section 34 of the State Department Basic Au- (2) CONFORMING REPEAL.—Subsection (a) of TIONS. thorities Act of 1956, submitted in accordance section 407 of the Foreign Relations Authoriza- The United Nations Participation Act of 1945 with the procedures set forth in such section, tion Act, Fiscal Years 1994 and 1995 (Public Law (22 U.S.C. 287 et seq.) is amended by adding at describing the source of funds that will be used 103–236; 22 U.S.C. 287b note; 108 Stat. 448) is re- the end the following new section: pealed. to pay for the cost of the new United Nations ‘‘SEC. 10. REIMBURSEMENT FOR GOODS AND peacekeeping operation, provided that such no- (c) RELATIONSHIP TO OTHER NOTICE REQUIRE- SERVICES PROVIDED BY THE UNIT- tification shall also be submitted to the Commit- MENTS.—Section 4 of the United Nations Partici- ED STATES TO THE UNITED NA- tee on Appropriations of the House of Rep- pation Act of 1945, as amended by subsection TIONS. resentatives and the Committee on Appropria- (b), is further amended by adding at the end the ‘‘(a) REQUIREMENT TO OBTAIN REIMBURSE- tions of the Senate. following: MENT.— ‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION ‘‘(3) FORM AND TIMING OF INFORMATION.— ‘‘(1) IN GENERAL.—Except as provided in para- REQUIREMENTS.—Nothing in this section is in- ‘‘(A) FORM.—The President shall submit in- graph (2), the President shall seek and obtain in formation under clauses (i) and (iii) of para- tended to alter or supersede any notification re- a timely fashion a commitment from the United graph (2)(A) in writing. quirement with respect to peacekeeping oper- Nations to provide reimbursement to the United ‘‘(B) TIMING.— ations that is established under any other provi- States from the United Nations whenever the ‘‘(i) ONGOING OPERATIONS.—The information sion of law.’’. United States Government furnishes assistance required under paragraph (2)(A) for a month TITLE XXXII—UNITED NATIONS pursuant to the provisions of law described in shall be submitted not later than the 10th day of ACTIVITIES subsection (c)— the month. SEC. 3201. UNITED NATIONS POLICY ON ISRAEL ‘‘(A) to the United Nations when the assist- ‘‘(ii) NEW OPERATIONS.—The information re- AND THE PALESTINIANS. ance is designed to facilitate or assist in carry- quired under paragraph (2)(B) shall be submit- (a) CONGRESSIONAL STATEMENT.—It shall be ing out an assessed peacekeeping operation; ted in writing with respect to each new United the policy of the United States to promote an ‘‘(B) for any United Nations peacekeeping op- Nations peacekeeping operation not less than 15 end to the persistent inequity experienced by Is- eration that is authorized by the United Nations days before the anticipated date of the vote on rael in the United Nations whereby Israel is the Security Council under Chapter VI or Chapter the resolution concerned unless the President only longstanding member of the organization to VII of the United Nations Charter and paid for determines that exceptional circumstances pre- be denied acceptance into any of the United Na- by peacekeeping or regular budget assessment of vent compliance with the requirement to report tion’s regional blocs. the United Nations members; or 15 days in advance. If the President makes such (b) POLICY ON ABOLITION OF CERTAIN UNITED ‘‘(C) to any country participating in any op- a determination, the information required under NATIONS GROUPS.—It shall be the policy of the eration authorized by the United Nations Secu- paragraph (2)(B) shall be submitted as far in United States to seek abolition of certain United rity Council under Chapter VI or Chapter VII of advance of the vote as is practicable. Nations groups the existence of which is inimi- the United Nations Charter and paid for by ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP- cal to the ongoing Middle East peace process, peacekeeping assessments of United Nations ERATION DEFINED.—As used in paragraph (2), those groups being the Special Committee to In- members when the assistance is designed to fa- the term ‘new United Nations peacekeeping op- vestigate Israeli Practices Affecting the Human cilitate or assist the participation of that coun- eration’ includes any existing or otherwise on- Rights of the Palestinian People and other try in the operation. going United Nations peacekeeping operation— Arabs of the Occupied Territories; the Commit- ‘‘(2) EXCEPTIONS.—(A) The requirement in ‘‘(A) where the authorized force strength is to tee on the Exercise of the Inalienable Rights of paragraph (1) shall not apply to— be expanded; the Palestinian People; the Division for the Pal- ‘‘(i) goods and services provided to the United ‘‘(B) that is to be authorized to operate in a estinian Rights; and the Division on Public In- States Armed Forces; country in which it was not previously author- formation on the Question of Palestine. ‘‘(ii) assistance having a value of less than ized to operate; or (c) ANNUAL REPORTS.—On January 15 of each $3,000,000 per fiscal year per operation; ‘‘(C) the mandate of which is to be changed so year, the Secretary of State shall submit a re- ‘‘(iii) assistance furnished before the date of that the operation would be engaged in signifi- port to the appropriate congressional committees enactment of this section; cant additional or significantly different func- (in classified or unclassified form as appro- ‘‘(iv) salaries and expenses of civilian police tions. priate) on— and other civilian and military monitors where ‘‘(5) NOTIFICATION AND QUARTERLY REPORTS (1) actions taken by representatives of the United Nations policy is to require payment by REGARDING UNITED STATES ASSISTANCE.— United States to encourage the nations of the contributing members for similar assistance to ‘‘(A) NOTIFICATION OF CERTAIN ASSISTANCE.— Western Europe and Others Group (WEOG) to United Nations peacekeeping operations; or ‘‘(i) IN GENERAL.—The President shall notify accept Israel into their regional bloc; ‘‘(v) any assistance commitment made before the designated congressional committees at least (2) other measures being undertaken, and the date of enactment of this Act if such com- 15 days before the United States provides any which will be undertaken, to ensure and pro- mitment will not extend beyond January 1, 1998. assistance to the United Nations to support mote Israel’s full and equal participation in the ‘‘(B) The requirements of subsection (d)(1)(B) peacekeeping operations. United Nations; and shall not apply to the deployment of United November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10755 States military forces when the President deter- (1) to ensure that major peacekeeping oper- payment of arrearages owed by the United mines that such deployment is important to the ations (in general, those comprised of more than States described in subsection (b) as of Septem- security interests of the United States. The cost 10,000 troops) authorized by the United Nations ber 30, 1997— of such deployment shall be included in the data Security Council under Chapter VII of the Unit- (1) $100,000,000 for fiscal year 1998; provided under section 554 of the Foreign Assist- ed Nations Charter (or missions such as the (2) $475,000,000 for fiscal year 1999; and ance Act of 1961. United Nations Protection Force (UNPROFOR)) (3) $244,000,000 for fiscal year 2000. ‘‘(3) FORM AND AMOUNT.— are undertaken by a competent regional organi- (b) LIMITATION.—Amounts made available under subsection (a) are authorized to be avail- ‘‘(A) AMOUNT.—The amount of any reimburse- zation or a multinational force, and not estab- able only— ment under this subsection shall be determined lished as a peacekeeping operation under Unit- (1) to pay the United States share of assess- at the usual rate established by the United Na- ed Nations operational control which would be tions. ments for the regular budget of the United Na- paid for by assessment of United Nations mem- tions; ‘‘(B) FORM.—Reimbursement under this sub- bers; section may include credits against the United (2) to pay the United States share of United (2) to consider, on a case-by-case basis, Nations peacekeeping operations; States assessed contributions for United States whether it is in the national interest of the peacekeeping operations, if the expenses in- (3) to pay the United States share of United United States to agree that smaller peacekeeping Nations specialized agencies; and curred by any United States department or operations authorized by the United Nations Se- agency providing the assistance have first been (4) to pay the United States share of other curity Council under Chapter VII of the United reimbursed. international organizations. Nations Charter and paid for by assessment of (c) AVAILABILITY OF FUNDS.—Amounts appro- ‘‘(b) TREATMENT OF REIMBURSEMENTS.— ‘‘(1) CREDIT.—The amount of any reimburse- United Nations members (such as the United priated pursuant to subsection (a) are author- ment paid the United States under subsection Nations Transitional Authority in Slavonia ized to remain available until expended. TATUTORY CONSTRUCTION.—For purposes (a) shall be credited to the current applicable (UNTAES)) should be established as peacekeep- (d) S of payments made pursuant to subsection (a), appropriation, fund, or account of the United ing operations under United Nations oper- section 404(b)(2) of the Foreign Relations Au- States department or agency providing the as- ational control which would be paid for by as- thorization Act, Fiscal Years 1994 and 1995 sistance for which the reimbursement is paid. sessment of United Nations members; and ‘‘(2) AVAILABILITY.—Amounts credited under (3) to oppose the establishment of United Na- (Public Law 103–236) shall not apply to United paragraph (1) shall be merged with the appro- tions peace operations approved by the General Nations peacekeeping operation assessments re- priations, or with appropriations in the fund or Assembly and funded out of the regular budget ceived by the United States prior to October 1, account, to which credited and shall be avail- of the United Nations. 1995. able for the same purposes, and subject to the SEC. 3205. REFORM IN BUDGET DECISIONMAKING SEC. 3302. OBLIGATION AND EXPENDITURE OF same conditions and limitations, as the appro- PROCEDURES OF THE UNITED NA- FUNDS. priations with which merged. TIONS AND ITS SPECIALIZED AGEN- (a) IN GENERAL.—Funds made available pur- ‘‘(c) COVERED ASSISTANCE.—Subsection (a) ap- CIES. suant to section 3301 may be obligated and ex- plies to assistance provided under the following For the fiscal years 1998 and 1999, the Presi- pended only if the requirements of subsections provisions of law: dent may withhold funds for the United States (b) and (c) of this section are satisfied. ‘‘(1) Sections 6 and 7 of this Act. assessed contribution to the United Nations or (b) OBLIGATION AND EXPENDITURE UPON SAT- ‘‘(2) Sections 451, 506(a)(1), 516, 552(c), and 607 to any of its specialized agencies in the same ISFACTION OF CERTIFICATION REQUIREMENTS.— of the Foreign Assistance Act of 1961. percentage and subject to the same requirements Subject to subsection (e), funds made available ‘‘(3) Any other provisions of law pursuant to as are applicable to the withholding of funds pursuant to section 3301 may be obligated and which assistance is provided by the United under section 409 of the Foreign Relations Au- expended only in the following allotments and States to carry out the mandate of an assessed thorization Act, Fiscal Years 1994 and 1995 (22 upon the following certifications: United Nations peacekeeping operation. U.S.C. 287e note). (1) Amounts authorized to be appropriated for ‘‘(d) WAIVER.— SEC. 3206. CONTINUED EXTENSION OF PRIVI- fiscal year 1998, upon the certification described ‘‘(1) AUTHORITY.— LEGES, EXEMPTIONS, AND IMMUNI- in section 3311. ‘‘(A) IN GENERAL.—The President may author- TIES OF THE INTERNATIONAL ORGA- (2) Amounts authorized to be appropriated for ize the furnishing of assistance covered by this NIZATIONS IMMUNITIES ACT TO fiscal year 1999, upon the certification described section without regard to subsection (a) if the UNIDO. in section 3321. President determines, and so notifies in writing Section 12 of the International Organizations (3) Amounts authorized to be appropriated for the Committee on Foreign Relations of the Sen- Immunities Act (22 U.S.C. 288f–2) is amended by fiscal year 2000, upon the certification described ate and the Speaker of the House of Representa- inserting ‘‘and the United Nations Industrial in section 3331. tives, that to do so is important to the security Development Organization’’ after ‘‘Inter- (c) ADVANCE CONGRESSIONAL NOTIFICATION.— interests of the United States. national Labor Organization’’. Funds made available pursuant to section 3301 ‘‘(B) CONGRESSIONAL NOTIFICATION.—When SEC. 3207. SENSE OF THE CONGRESS REGARDING may be obligated and expended only if the ap- exercising the authorities of subparagraph (A), COMPLIANCE WITH CHILD AND propriate certification has been submitted to the the President shall notify the appropriate con- SPOUSAL SUPPORT OBLIGATIONS BY appropriate congressional committees 30 days gressional committees in accordance with the UNITED NATIONS PERSONNEL. prior to the payment of the funds. procedures applicable to reprogramming notifi- (a) SENSE OF CONGRESS.—It is the sense of the (d) TRANSMITTAL OF CERTIFICATIONS.—Certifi- cations under section 634A of the Foreign Assist- Congress that— cations made under this chapter shall be trans- ance Act of 1961. (1) all United Nations staff, including dip- mitted by the Secretary of State to the appro- ‘‘(2) CONGRESSIONAL REVIEW.—Notwithstand- lomats, should comply with binding United priate congressional committees. ing a notice under paragraph (1) with respect to States Federal, State, and local court orders re- (e) WAIVER AUTHORITY.— assistance covered by this section, subsection (a) garding child and spousal support obligations; (1) FISCAL YEAR 1999 FUNDS.—Subject to para- shall apply to the furnishing of the assistance (2) the internal regulations of the United Na- graph (3) and notwithstanding subsection (b), if, not later than 15 calendar days after receipt tions allows— funds made available under section 3301 may be of a notification under that paragraph, the (A) the United Nations to release staff salary obligated or expended pursuant to subsection Congress enacts a joint resolution disapproving information to the courts in spousal and child (b)(2) even if the Secretary of State cannot cer- the determination of the President contained in support cases; tify that one of the following three conditions the notification. (B) the Secretary General to authorize deduc- has been satisfied: ‘‘(3) SENATE PROCEDURES.—Any joint resolu- tion of dependency related allowances from staff (A) The condition described in section tion described in paragraph (2) shall be consid- salary; 3321(b)(1). ered in the Senate in accordance with the provi- (B) The condition described in section (C) the United Nations to cooperate with ap- sions of section 601(b) of the International Secu- 3321(b)(4). propriate authorities to facilitate proper legal or rity Assistance and Arms Export Control Act of (C) The condition described in section judicial resolution of the family’s claim. 1976. 3321(b)(5). (b) CONGRESSIONAL STATEMENT.—The Sec- ‘‘(e) RELATIONSHIP TO OTHER REIMBURSEMENT (2) FISCAL YEAR 2000 FUNDS.—Subject to para- retary of State should urge the United Nations AUTHORITY.—Nothing in this section shall pre- graph (3) and notwithstanding subsection (b), clude the President from seeking reimbursement to comply fully with regulations regarding com- funds made available under section 3301 may be for assistance covered by this section that is in pliance with child and spousal support obliga- obligated or expended pursuant to subsection addition to the reimbursement sought for the as- tions by United Nations personnel, in a timely (b)(3) even if the Secretary of State cannot cer- sistance under subsection (a). manner and to the fullest extent possible. tify that one of the following seven conditions ‘‘(f) DEFINITION.—In this section, the term ‘as- TITLE XXXIII—ARREARS PAYMENTS AND has been satisfied: A condition described in sistance’ includes personnel, services, supplies, REFORM paragraph (3), (4), (5), (6), (7), (8),or (9) of sec- equipment, facilities, and other assistance if CHAPTER 1—ARREARAGES TO THE tion 3331(b). such assistance is provided by the Department UNITED NATIONS (3) REQUIREMENTS.— of Defense or any other United States Govern- (A) IN GENERAL.—The authority to waive a Subchapter A—Authorization of Appropria- ment agency.’’. condition under paragraph (1) or (2) of this sub- tions; Obligation and Expenditure of Funds SEC. 3204. UNITED STATES POLICY REGARDING section may be exercised only if— UNITED NATIONS PEACEKEEPING SEC. 3301. AUTHORIZATION OF APPROPRIATIONS. (i) the Secretary of State determines that sub- OPERATIONS. (a) IN GENERAL.—There are authorized to be stantial progress towards satisfying the condi- It shall be the policy of the United States— appropriated to the Department of State for tion has been made and that the expenditure of H10756 CONGRESSIONAL RECORD — HOUSE November 12, 1997

funds pursuant to that paragraph is important (B) NO TAXES OR FEES.—Except as provided in (1) CONTESTED ARREARAGES.—The United Na- to the interests of the United States; and subparagraph (D), a tax or fee has not been im- tions has established an account or other appro- (ii) the Secretary of State has notified, and posed on any United States national by the priate mechanism with respect to all United consulted with, the appropriate congressional United Nations or any of its specialized or affili- States arrearages incurred before the date of en- committees prior to exercising the authority. ated agencies. actment of this Act with respect to which pay- (B) EFFECT ON SUBSEQUENT CERTIFICATION.— (C) NO TAXATION PROPOSALS.—Except as pro- ments are not authorized by this division, and If the Secretary of State exercises the authority vided in subparagraph (D), neither the United the failure to pay amounts specified in the ac- of paragraph (1) with respect to a condition, Nations nor any of its specialized or affiliated count do not affect the application of Article 19 such condition shall be deemed to have been sat- agencies has, on or after October 1, 1996, offi- of the Charter of the United Nations. The ac- isfied for purposes of making any certification cially approved any formal effort to develop, ad- count established under this paragraph may be under section 3331. vocate, or promote any proposal concerning the referred to as the ‘‘contested arrearages ac- (4) ADDITIONAL REQUIREMENT.—If the author- imposition of a tax or fee on any United States count’’. ity to waive a condition under paragraph 1(A) national in order to raise revenue for the United (2) LIMITATION ON ASSESSED SHARE OF BUDGET is exercised, the Secretary shall notify the Unit- Nations or any such agency. FOR UNITED NATIONS PEACEKEEPING OPER- ed Nations that the Congress does not consider (D) EXCEPTION.—This paragraph does not ATIONS.—The assessed share of the budget for the United States obligated to pay, and does not apply to— each assessed United Nations peacekeeping op- intend to pay, arrearages that have not been in- (i) fees for publications or other kinds of fees eration does not exceed 25 percent for any single cluded in the contested arrearages account or that are not tantamount to a tax on United United Nations member. other mechanism described in section 3321(b)(1). States citizens; (3) LIMITATION ON ASSESSED SHARE OF REGU- (ii) the World Intellectual Property Organiza- SEC. 3303. FORGIVENESS OF AMOUNTS OWED BY LAR BUDGET FOR THE DESIGNATED SPECIALIZED tion; or THE UNITED NATIONS TO THE UNIT- AGENCIES.—The share of the total of all assessed (iii) the staff assessment costs of the United ED STATES. contributions for the regular budget of any des- Nations and its specialized or affiliated agen- (a) FORGIVENESS OF INDEBTEDNESS.—Subject ignated specialized agency does not exceed 22 cies. to subsection (b), the President is authorized to percent for any single United Nations member. forgive or reduce any amount owed by the Unit- (5) NO STANDING ARMY.—The United Nations has not, on or after October 1, 1996, budgeted (4) REVIEW OF REGULAR BUDGET-FUNDED ed Nations to the United States as a reimburse- PEACE OPERATIONS.—The mandates of the Unit- ment, including any reimbursement payable any funds for, nor taken any official steps to develop, create, or establish any special agree- ed Nations Truce Supervision Organization under the Foreign Assistance Act of 1961 or the (UNTSO) and the United Nations Military Ob- United Nations Participation Act of 1945. ment under Article 43 of the United Nations Charter to make available to the United Na- server Group in India and Pakistan (b) LIMITATIONS.— tions, on its call, the armed forces of any mem- (UNMOGIP) are reviewed annually by the Secu- (1) TOTAL AMOUNT.—The total of amounts for- rity Council, and are subject to the notification given or reduced under subsection (a) may not ber of the United Nations. O INTEREST FEES.—The United Nations requirements pursuant to section 4(e) of the exceed $107,000,000. (6) N has not, on or after October 1, 1996, levied inter- United Nations Participation Act of 1945, as (2) RELATION TO UNITED STATES ARREAR- est penalties against the United States or any amended by section 3102(b) of this division. AGES .—Amounts shall be forgiven or reduced (5) PROCUREMENT.— under this section only to the same extent as the interest on arrearages on the annual assessment (A) PROHIBITION ON PUNITIVE ACTIONS.—The United Nations forgives or reduces amounts of the United States, and neither the United Na- tions nor its specialized agencies have, on or United Nations has implemented a system that owed by the United States to the United Nations prohibits punitive actions, such as suspension of as of September 30, 1997. after October 1, 1996, amended their financial regulations or taken any other action that contract eligibility, against contractors on the (c) REQUIREMENTS.—The authority in sub- would permit interest penalties to be levied basis that they have challenged contract awards section (a) shall be available only to the extent or complained about delayed payments. and in the amounts provided in advance in ap- against the United States or otherwise charge (B) PUBLIC ANNOUNCEMENT OF CERTAIN CON- propriations Acts. the United States any interest on arrearages on its annual assessment. TRACT AWARDS.—The United Nations has imple- (d) CONGRESSIONAL NOTIFICATION.—Before ex- (7) UNITED STATES REAL PROPERTY RIGHTS.— mented a system for public announcement of the ercising any authority in subsection (a), the Neither the United Nations nor any of its spe- award of any contract over $100,000. President shall notify the appropriate congres- cialized or affiliated agencies has exercised au- (C) NOTIFICATION OF UNSUCCESSFUL BID- sional committees in accordance with the same thority or control over any United States na- DERS.—The United Nations has implemented a procedures as are applicable to reprogramming tional park, wildlife preserve, monument, or real system to notify unsuccessful bidders for con- notifications under section 634A of the Foreign property, nor has the United Nations nor any of tracts and to provide an explanation upon re- Assistance Act of 1961 (22 U.S.C. 2394–1). its specialized or affiliated agencies implemented quest of the reason for rejection of their bids. (e) EFFECTIVE DATE.—This section shall take plans, regulations, programs, or agreements that (D) PERIODIC REPORTING TO UNITED NATIONS effect on the later of— exercise control or authority over the private MEMBERS.—The United Nations reports to all (1) the date a certification is transmitted to real property of United States citizens located in United Nations members on a regular basis the the appropriate congressional committees under the United States without the approval of the value and a brief description of local procure- section 3331; or property owner. (2) October 1, 1999. ment contracts awarded in excess of $70,000. (8) TERMINATION OF BORROWING AUTHORITY.— Subchapter D—Budget and Personnel Reform Subchapter B—United States Sovereignty (A) PROHIBITION ON AUTHORIZATION OF EX- SEC. 3311. CERTIFICATION REQUIREMENTS. TERNAL BORROWING.—On or after the date of en- SEC. 3331. CERTIFICATION REQUIREMENTS. (a) CONTENTS OF CERTIFICATION.—A certifi- actment of this Act, neither the United Nations (a) IN GENERAL.—A certification described in cation described in this section is a certification nor any specialized agency of the United Na- this section is a certification by the Secretary of by the Secretary of State that the following con- tions has amended its financial regulations to State that the following conditions in subsection ditions are satisfied: permit external borrowing. (b) are satisfied. Such certification shall not be (1) LIMITATION ON ASSESSED SHARE OF REGU- (B) PROHIBITION OF UNITED STATES PAYMENT made by the Secretary if the Secretary deter- LAR BUDGET.—The share of the total of all as- OF INTEREST COSTS.—The United States has not, mines that any of the conditions set forth in sec- sessed contributions for the regular budget of on or after October 1, 1984, paid its share of any tions 3311 and 3321 are no longer satisfied. the United Nations does not exceed 22 percent interest costs made known to or identified by the (b) CONDITIONS.—The conditions under this for any single United Nations member. United States Government for loans incurred, on subsection are the following: (2) SUPREMACY OF THE UNITED STATES CON- or after October 1, 1984, by the United Nations (1) LIMITATION ON ASSESSED SHARE OF REGU- STITUTION.—No action has been taken by the or any specialized agency of the United Nations LAR BUDGET.—The share of the total of all as- United Nations or any of its specialized or affili- through external borrowing. sessed contributions for the regular budget of ated agencies that requires the United States to (b) TRANSMITTAL.—The Secretary of State the United Nations, or any designated special- violate the United States Constitution or any may transmit a certification under subsection ized agency of the United Nations, does not ex- law of the United States. (a) at any time during fiscal year 1998 or there- ceed 20 percent for any single United Nations (3) NO UNITED NATIONS SOVEREIGNTY.—Neither after if the requirements of the certification are member. the United Nations nor any of its specialized or satisfied. (2) INSPECTORS GENERAL FOR CERTAIN ORGANI- affiliated agencies— Subchapter C—Reform of Assessments and ZATIONS.— (A) has exercised sovereignty over the United United Nations Peacekeeping Operations (A) ESTABLISHMENT OF OFFICES.—Each des- States; or SEC. 3321. CERTIFICATION REQUIREMENTS. ignated specialized agency has established an (B) has taken any steps that require the Unit- (a) IN GENERAL.—A certification described in independent office of inspector general to con- ed States to cede sovereignty. this section is a certification by the Secretary of duct and supervise objective audits, inspections, (4) NO UNITED NATIONS TAXATION.— State that the conditions in subsection (b) are and investigations relating to the programs and (A) NO LEGAL AUTHORITY.—Except as pro- satisfied. Such certification shall not be made by operations of the organization. vided in subparagraph (D), neither the United the Secretary if the Secretary determines that (B) APPOINTMENT OF INSPECTORS GENERAL.— Nations nor any of its specialized or affiliated any of the conditions set forth in section 3311 The Director General of each designated special- agencies has the authority under United States are no longer satisfied. ized agency has appointed an inspector general, law to impose taxes or fees on United States na- (b) CONDITIONS.—The conditions under this with the approval of the member states, and tionals. subsection are the following: that appointment was made principally on the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10757 basis of the appointee’s integrity and dem- tification of programs that have met criteria for States civil service, and shall make recommenda- onstrated ability in accounting, auditing, finan- continuing relevance and effectiveness and pro- tions to reduce entitlements to allowances and cial analysis, law, management analysis, public posals to terminate or modify programs that allowance funding levels from the levels in effect administration, or investigations. have not met such criteria; and on January 1, 1998. (C) ASSIGNED FUNCTIONS.—Each inspector (ii) authorizing an appropriate body within (8) REDUCTION IN BUDGET AUTHORITIES.—The general appointed under subparagraph (A) is the United Nations or the agency, as the case designated specialized agencies have achieved a authorized to— may be, to review each evaluation referred to in negative growth budget in their biennium budg- (i) make investigations and reports relating to this paragraph and report to the General Assem- ets for 2000–01 from the 1998–99 biennium budget the administration of the programs and oper- bly on means of improving the program con- levels of the respective agencies. ations of the agency concerned; cerned or on terminating the program. (9) NEW BUDGET PROCEDURES AND FINANCIAL (ii) have access to all records, documents, and (D) UNITED STATES POLICY.—It shall be the REGULATIONS.—Each designated specialized other available materials relating to those pro- policy of the United States to seek adoption by agency has established procedures to— grams and operations of the agency concerned; the United Nations of a resolution requiring (A) require the maintenance of a budget that and that each United Nations program approved by does not exceed the level agreed to by the mem- (iii) have direct and prompt access to any offi- the General Assembly, and to seek adoption by ber states of the organization at the beginning cial of the agency concerned. each designated specialized agency of a resolu- of each budgetary biennium, unless increases (D) COMPLAINTS.—Each designated special- tion requiring that each program of the agency, are agreed to by consensus; ized agency has procedures in place designed to be subject to an evaluation referred to in this (B) require the identification of expenditures protect the identity of, and to prevent reprisals paragraph and have a specific termination date by functional categories such as personnel, trav- against, any staff member making a complaint so that the program will not be renewed unless el, and equipment; and or disclosing information to, or cooperating in the evaluation demonstrates the continuing rel- (C) require approval by the member states of any investigation or inspection by, the inspector evance and effectiveness of the program. the agency’s supplemental budget requests to general of the agency. (E) DEFINITION.—For purposes of this para- the Secretariat in advance of expenditures (E) COMPLIANCE WITH RECOMMENDATIONS.— graph, the term ‘‘United Nations program ap- under those requests. Each designated specialized agency has in place proved by the General Assembly’’ means a pro- CHAPTER 2—MISCELLANEOUS procedures designed to ensure compliance with gram approved by the General Assembly of the PROVISIONS the recommendations of the inspector general of United Nations, which is administered or funded SEC. 3341. STATUTORY CONSTRUCTION ON RELA- the agency. by the United Nations. TION TO EXISTING LAWS. (F) AVAILABILITY OF REPORTS.—Each des- (5) UNITED NATIONS ADVISORY COMMITTEE ON Except as otherwise specifically provided, ignated specialized agency has in place proce- ADMINISTRATIVE AND BUDGETARY QUESTIONS.— nothing in this title may be construed to make dures to ensure that all annual and other rel- (A) IN GENERAL.—The United States has a available funds in violation of any provision of evant reports submitted by the inspector general seat on the United Nations Advisory Committee law containing a specific prohibition or restric- to the agency are made available to the member on Administrative and Budgetary Questions or tion on the use of the funds, including section states without modification except to the extent the five largest member contributors each have a 114 of the Department of State Authorization necessary to protect the privacy rights of indi- seat on the Advisory Committee. Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e viduals. (B) DEFINITION.—As used in this paragraph, note) and section 151 of the Foreign Relations (3) NEW BUDGET PROCEDURES FOR THE UNITED the term ‘‘5 largest member contributors’’ means Authorization Act, Fiscal Years 1986 and 1987 NATIONS.—The United Nations has established the 5 United Nations member states that, during (22 U.S.C. 287e note), and section 404 of the For- and is implementing budget procedures that— a United Nations budgetary biennium, have eign Relations Authorization Act, Fiscal Years (A) require the maintenance of a budget not more total assessed contributions than any other 1994 and 1995 (22 U.S.C. 287e note). in excess of the level agreed to by the General United Nations member state to the aggregate of Assembly at the beginning of each United Na- SEC. 3342. PROHIBITION ON PAYMENTS RELAT- the United Nations regular budget and the ING TO UNIDO AND OTHER INTER- tions budgetary biennium, unless increases are budget (or budgets) for United Nations peace- NATIONAL ORGANIZATIONS FROM agreed to by consensus; and keeping operations. WHICH THE UNITED STATES HAS (B) require the systemwide identification of (6) ACCESS BY THE GENERAL ACCOUNTING OF- WITHDRAWN OR RESCINDED FUND- expenditures by functional categories such as FICE.—The United Nations has in effect proce- ING. personnel, travel, and equipment. dures providing access by the United States None of the funds authorized to be appro- (4) SUNSET POLICY FOR CERTAIN UNITED NA- General Accounting Office to United Nations fi- priated by this subdivision shall be used to pay TIONS PROGRAMS.— nancial data to assist the Office in performing any arrearage for— (A) EXISTING AUTHORITY.—The Secretary Gen- nationally mandated reviews of United Nations (1) the United Nations Industrial Development eral and the Director General of each des- operations. Organization; ignated specialized agency have used their exist- (7) PERSONNEL.— (2) any costs to merge that organization into ing authorities to require program managers (A) APPOINTMENT AND SERVICE OF PERSON- the United Nations; within the United Nations Secretariat and the NEL.—The Secretary General— (3) the costs associated with any other organi- Secretariats of the designated specialized agen- (i) has established and is implementing proce- zation of the United Nations from which the cies to conduct evaluations of United Nations dures that ensure that staff employed by the United States has withdrawn including the programs approved by the General Assembly United Nations is appointed on the basis of costs of the merger of such organization into the and of programs of the designated specialized merit consistent with Article 101 of the United United Nations; or agencies in accordance with the standardized Nations Charter; and (4) the World Tourism Organization, or any methodology referred to in subparagraph (B). (ii) is enforcing those contractual obligations other international organization with respect to (B) DEVELOPMENT OF EVALUATION CRITERIA.— requiring worldwide availability of all profes- which Congress has rescinded funding. (i) UNITED NATIONS.—The Office of Internal sional staff of the United Nations to serve and The text of the House amendment to Oversight Services has developed a standardized be relocated based on the needs of the United the Senate amendments is as follows: methodology for the evaluation of United Na- Nations. House amendment to Senate Amendments. tions programs approved by the General Assem- (B) CODE OF CONDUCT.—The General Assem- On page 1, line 1, strike all through line 7. bly, including specific criteria for determining bly has adopted, and the Secretary General has On page 1, line 8, strike ‘‘The’’ and insert the continuing relevance and effectiveness of the authority to enforce and is effectively en- ‘‘That that’’. the programs. forcing, a code of conduct binding on all United On page 2, line 2, strike all from ‘‘to’’ (ii) DESIGNATED SPECIALIZED AGENCIES.—Pat- Nations personnel, including the requirement of through ‘‘Act,’’ on line 3. terned on the work of the Office of Internal financial disclosure statements binding on sen- On page 11, line 20, after the word ‘‘fund’’ Oversight Services of the United Nations, each ior United Nations personnel and the establish- insert ‘‘described in section 172 of this Act’’. designated specialized agency has developed a ment of rules against nepotism that are binding On page 12, line 8, strike ‘‘all’’. standardized methodology for the evaluation of on all United Nations personnel. On page 34, line 16, after ‘‘or’’ insert ‘‘pre- programs of designated specialized agencies, in- (C) PERSONNEL EVALUATION SYSTEM.—The viously’’. cluding specific criteria for determining the con- United Nations has adopted and is enforcing a On page 44, line 15, before the period, in- tinuing relevance and effectiveness of the pro- personnel evaluation system. sert: ‘‘, except that the Chief Financial Offi- grams. (D) PERIODIC ASSESSMENTS.—The United Na- cer may not reprogram for operating ex- (C) PROCEDURES.—Consistent with the July tions has established and is implementing a penses any funds derived from bonds, notes, 16, 1997, recommendations of the Secretary Gen- mechanism to conduct periodic assessments of or other obligations issued for capital eral of the United Nations regarding a sunset the United Nations payroll to determine total projects’’. policy and results-based budgeting for United staffing, and the results of such assessments are On page 46, after line 9, insert: Nations programs, the United Nations and each reported in an unabridged form to the General (c) REPORT ON EXPENDITURES BY FINANCIAL designated specialized agency has established Assembly. RESPONSIBILITY AND MANAGEMENT ASSIST- and is implementing procedures— (E) REVIEW OF UNITED NATIONS ALLOWANCE ANCE AUTHORITY.—Not later than 20 calendar (i) requiring the Secretary General and the Di- SYSTEM.—The United States has completed a days after the end of each fiscal quarter rector General of the agency, as the case may thorough review of the United Nations person- starting October 1, 1997, the District of Co- be, to report on the results of evaluations re- nel allowance system. The review shall include lumbia Financial Responsibility and Man- ferred to in this paragraph, including the iden- a comparison of that system with the United agement Assistance Authority shall submit H10758 CONGRESSIONAL RECORD — HOUSE November 12, 1997 a report to the Committees on Appropria- the Superintendent, shall adjust the amount the Chief Financial Officer of the District of tions of the House of Representatives and of the annual payment under paragraph (1) Columbia such sums as may be necessary to the Senate, the Committee on Government to increase the amount of such payment for carry out this subsection for each fiscal Reform and Oversight of the House, and the a public charter school to take into account year.’’. Committee on Governmental Affairs of the leases or purchases of, or improvements to, (b) REDUCTION OF ANNUAL PAYMENT.— Senate providing an itemized accounting of real property, if the school, not later than (1) INITIAL PAYMENT.—Section 2403(a)(2)(A) all non-appropriated funds obligated or ex- April 1 of the fiscal year preceding the pay- of the District of Columbia School Reform pended by the Authority for the quarter. The ment, requests such an adjustment.’’. Act (Public Law 104–134; 110 Stat. 1321–139; report shall include information on the date, SEC. 172. (a) PAYMENTS TO NEW CHARTER D.C. Code 31–2853.43(a)(2)(A)) is amended to amount, purpose, and vendor name, and a de- SCHOOLS.—Section 2403(b) of the District of read as follows: scription of the services or goods provided Columbia School Reform Act of 1995 (Public ‘‘(A) INITIAL PAYMENT.— with respect to the expenditures of such Law 104–134; 110 Stat. 1321–140; D.C. Code 31– ‘‘(i) IN GENERAL.—Except as provided in funds. 2853.43(b) is amended to read as follows: clause (ii), not later than October 15, 1996, On page 47, line 21 strike ‘‘$5,000,000’’ and ‘‘(b) PAYMENTS TO NEW SCHOOLS.— and not later than October 15 of each year insert ‘‘$12,000,000’’. ‘‘(1) ESTABLISHMENT OF FUND.—There is es- thereafter, the Mayor shall transfer, by elec- On page 59, line 11 strike ‘‘(f)’’ and insert tablished in the general fund of the District tronic funds transfer, an amount equal to 75 ‘‘(e)’’. of Columbia a fund to be known as the ‘New percent of the amount of the annual pay- On page 77, line 17, strike all through page Charter School Fund’. ment for each public charter school deter- 78, line 2. ‘‘(2) CONTENTS OF FUND.—The New Charter mined by using the formula established pur- On page 78, after line 2, insert the follow- School Fund shall consist of— suant to section 2401(b) to a bank designated ing: ‘‘(A) unexpended and unobligated amounts by such school. SEC. 166. Notwithstanding any other provi- appropriated from local funds for public ‘‘(ii) REDUCTION IN CASE OF NEW SCHOOL.—In sion of Federal or District of Columbia law charter schools for fiscal year 1997 and subse- the case of a public charter school that has applicable to a reemployed annuitant’s enti- quent fiscal years that reverted to the gen- received a payment under subsection (b) in tlement to retirement or pension benefits, eral fund of the District of Columbia; the fiscal year immediately preceding the the Director of the Office of Personnel Man- ‘‘(B) amounts credited to the fund in ac- fiscal year in which a transfer under clause agement may waive the provisions of section cordance with this subsection upon the re- (i) is made, the amount transferred to the 8344 of title 5 of the United States Code for ceipt by a public charter school described in school under clause (i) shall be reduced by an any reemployed annuitants appointed here- paragraph (5) of its first initial payment amount equal to 75 percent of the amount of tofore or hereafter as a Trustee under sec- under subsection (a)(2)(A) or its first final the payment under subsection (b).’’. tion 11202 or 11232 of the National Capital Re- payment under subsection (a)(2)(B); and (2) FINAL PAYMENT.—Section 2403(a)(2)(B) vitalization and Self-Government Improve- ‘‘(C) any interest earned on such amounts. of the District of Columbia School Reform ment Act of 1997, or, at the request of such ‘‘(3) EXPENDITURES FROM FUND.— Act (Public Law 104–134; 110 Stat. 1321–139; a Trustee, for any employee of such Trustee. ‘‘(A) IN GENERAL.—Not later than June 1, D.C. Code 31–2853.43(a)(2)(B)) is amended— SEC. 167. Section 2203(i)(2)(A) of the Dis- 1998, and not later than June 1 of each year (A) in clause (i)— trict of Columbia School Reform Act of 1995 thereafter, the Chief Financial Officer of the (i) by inserting ‘‘IN GENERAL.—before ‘‘Ex- (Public Law 104–134; 110 Stat. 3009–504; D.C. District of Columbia shall pay, from the New cept’’; and Code 31–2853.13(i)(2)(A)) is amended to read as Charter School fund, to each public charter (ii) by striking ‘‘clause (ii),’’ and inserting follows: school described in paragraph (5), an amount ‘‘clauses (ii) and (iii),’’; (B) in clause (ii), by inserting ‘‘ADJUST- ‘‘(A) IN GENERAL.— equal to 25 percent of the amount yielded by MENT FOR ENROLLMENT.—’’ before ‘‘Not later ‘‘(i) ANNUAL LIMIT.—Subject to subpara- multiplying the uniform dollar amount used graph (B) and clause (ii), during calendar in the formula established under section 2401 than March 15, 1997,’’; and (C) by adding at the end the following: year 1997, and during each subsequent cal- (b) by the total anticipated enrollment as set ‘‘(iii) REDUCTION IN CASE OF NEW SCHOOL.— endar year, each eligible chartering author- forth in the petition to establish the public In the case of a public charter school that ity shall not approve more than 10 petitions charter school. has received a payment under subsection (b) to establish a public charter school under ‘‘(B) PRO RATA REDUCTION.—If the amounts in the fiscal year immediately preceding the this subtitle. in the New Charter School Fund for any year fiscal year in which a transfer under clause ‘‘(ii) TIMETABLE.—Any petition approved are insufficient to pay the full amount that (i) is made, the amount transferred to the under clause (i) shall be approved during an each public charter school described in para- school under clause (i) shall be reduced by an application approval period that terminates graph (5) is eligible to receive under this sub- amount equal to 25 percent of the amount of on April 1 of each year. Such an approval pe- section for such year, the Chief Financial Of- the payment under subsection (b).’’. riod may commence before or after January ficer of the District of Columbia shall rat- This title may be cited as the ‘‘District of 1, of the calendar year in which it termi- ably reduce such amounts for such year on Columbia Appropriations Act, 1998’’. the basis of the formula described in section nates, except that any petition approved at On page 99, line 22, strike all through line 2401(b). any time during such an approval period 23. shall count, for purposes of clause (i), ‘‘(C) FORM OF PAYMENT.—Payments under On page 100, line 1, strike all through page against the total number of petitions ap- this subsection shall be made by electronic 708, line 7. proved during the calendar year in which the funds transfer from the New Charter School MOTION OFFERED BY MR. LIVINGSTON approval period terminates.’’. Fund to a bank designated by a public char- SEC. 168. Section 2205(a) of the District of ter school. Mr. LIVINGSTON. Mr. Speaker, I Columbia School Reform Act of 1995 (Public ‘‘(4) CREDITS TO FUND.—Upon the receipt by offer a motion. Law 104–134; 110 Stat. 1321–122; D.C. code 31 a public charter school described in para- The SPEAKER pro tempore. The 2853.15(a)) is amended by striking ‘‘7,’’ and graph (5) of— Clerk will designate the motion. inserting ‘‘15,’’. ‘‘(A) its first initial payment under sub- The text of the motion is as follows: EC section (a)(2)(A), the Chief Financial Officer S . 169. Section 221(g) of the District of Mr. LIVINGSTON moves that the House con- Columbia School Reform Act of 1995 (Public of the District of Columbia shall credit the cur in the amendment of the Senate to the Law 104–134; 110 Stat. 1321–133; D.C. Code 31– New Charter School Fund with 75 percent of text of H.R. 2607 with an amendment and dis- 2853.24(g)) is amended by inserting ‘‘to the the amount paid to the school under para- agrees to the Senate amendment to the title. Board’’ after ‘‘appropriated’’. graph (3); and SEC. 170. Section 2401(b)(3)(B) of the Dis- ‘‘(B) its first final payment under sub- The SPEAKER pro tempore. Pursu- trict of Columbia School Reform Act of 1995 section (a)(2)(B), the Chief Financial Officer ant to House Resolution 324, the gen- (Public Law 104–134; 110 Stat. 1321–137; D.C. of the District of Columbia shall credit the tleman from Louisiana [Mr. LIVING- Code 31–2853.41(b)(3)(B)) is amended— New Charter School Fund with 25 percent of STON] and the gentleman from Virginia (1) in clause (i), by striking ‘‘or’’; the amount paid to the school under para- [Mr. MORAN] each will control 30 min- (2) in clause (ii), by striking the period at graph (3). utes. the end and inserting ‘‘; or’’; and ‘‘(5) SCHOOLS DESCRIBED.—A public charter The gentleman from Louisiana [Mr. (3) by adding at the end the following: school described in this paragraph is a public ‘‘(iii) to whom the school provides room charter school that— LIVINGSTON] is recognized. and board in a residential setting.’’. ‘‘(A) did not enroll any students during any GENERAL LEAVE SEC. 171. Section 2401(b)(3) of the District portion of the fiscal year preceding the most Mr. LIVINGSTON. Mr. Speaker, I ask of Columbia School Reform Act of 1995 (Pub- recent fiscal year for which funds are appro- unanimous consent that all Members lic Law 104–134; 110 Stat. 1321–137; D.C. Code priated to carry out this subsection; and may have 5 legislative days in which to 31–2853.41(b)(3) is amended by adding at the ‘‘(B) operated as a public charter school revise and extend their remarks on the end the following: during the most recent fiscal year for which motion to concur in the Senate amend- ‘‘(C) ADJUSTMENT FOR FACILITIES COSTS.— funds are appropriated to carry out this sub- Notwithstanding paragraph (2), the Mayor section. ment and that I may be permitted to and the District of Columbia Council, in con- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— include tabular and extraneous mate- sultation with the Board of Education and There are authorized to be appropriated to rial. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10759 The SPEAKER pro tempore. Is there Mr. Speaker, it is the intent of Con- school voucher program to support this objection to the request of the gen- gress that this $12 million will be con- bill when it comes to the floor. tleman from Louisiana? sidered as new funding and is not to be I might only add, Mr. Speaker, that There was no objection. offset against any existing appropria- as has been indicated in the debate on Mr. LIVINGSTON. Mr. Speaker, I tions now or in the future. yield myself such time as I may the rule, title II of the bill provides for b consume. 2345 the Nicaraguan Adjustment and Mr. Speaker, I am pleased to present In District funds, the final agreement Central American Relief Act, which is to the House the final agreement which provides $5 billion, which includes $270 clarification of eligibility for relief we were able to reach with the Senate million for capital programs. from removal and deportation for cer- on the District of Columbia Appropria- Mr. Speaker, this final agreement in- tain aliens. tions Act for fiscal year 1998. The cludes the charter school language that I would like to thank all members of House passed the bill on October 9. And was in the House bill, with the excep- the subcommittee, especially the gen- the Senate passed the bill, with an tion of the provision allowing charter tleman from North Carolina [Mr. TAY- amendment, last Sunday evening. schools to lease D.C. public school fa- LOR], and all the staff that have done Our final agreement includes $855 cilities for a dollar a year. such a great job on this bill. I think million in Federal funds and is within I would like to mention that the Sen- what we have here is a good agreement the committee’s overall 302 allocation ate deleted the $7 million that was in with the other body. I urge all Mem- in both budget authority and outlays. the House bill for school vouchers and The final agreement is $7 million above passed a separate freestanding bill, bers to support it. the Senate bill and will provide a total Senate bill 1502. I would expect all sup- Mr. Speaker, I include the following of $12 million for the U.S. Park Police. porters of the District of Columbia tabular material for the RECORD: H10760 CONGRESSIONAL RECORD — HOUSE November 12, 1997 November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10761 H10762 CONGRESSIONAL RECORD — HOUSE November 12, 1997 Mr. Speaker, I reserve the balance of Mr. Speaker, the Senate amendment I think we will do in a few minutes and my time. and the amendments that are offered get this bill out so that the District of Mr. MORAN of Virginia. Mr. Speak- by the chairman of this committee de- Columbia can begin to spend its own er, I yield myself such time as I may serve our strong support. The chair- money. consume. I rise in support of the mo- man’s amendment makes several tech- Mr. LIVINGSTON. Mr. Speaker, I tion offered by the gentleman from nical adjustments. It adds the charter yield 1 minute to the gentleman from Louisiana to concur in the Senate school provisions that were contained California [Mr. CUNNINGHAM], a distin- amendment to the D.C. appropriations in the original House-passed bill, with guished member of the subcommittee. bill, with an amendment. the exception, there is an exception, it Mr. CUNNINGHAM. Mr. Speaker, I Mr. Speaker, the Senate amendment takes out the provision that would would like to say that the gentle- is essentially what we call the Moran have sold D.C. school facilities for a woman from the District of Columbia substitute. I offered it on the House dollar a year. That has to be taken out. has legitimate concerns. I do not know floor when the D.C. bill came up. It It is a matter of about $20 million the of anyone in the House that represents does include a new title which provides D.C. school system needs. The D.C. a more difficult area, and I believe her relief for Nicaraguan and Central school system agreed with Parents when she said she would spend her own American refugees. United in the court suit that that money to help. I totally agree with the comments of money would be spent on rehabilitat- I would beseech all of my colleagues the gentlewoman from Florida [Mrs. ing existing school facilities. to take a look especially at the edu- MEEK], the gentleman from Florida That was the right amendment, the cation school system within D.C. You [Mr. HASTINGS], the gentlewoman from Senate amendment, with the exception have got the majority of children that Texas [Ms. JACKSON-LEE], and the gen- of title II certainly, but the Senate start the ninth grade do not finish. You tleman from California [Mr. BECERRA]. amendment deserves our strong sup- have illiteracy that comes out of your It is wrong to exclude Haitian refugees port. The D.C. government deserves juniors and seniors out of your schools. in this; there is no question about it. I better than it has gotten so far in this They need help. They are reaching out. think that that is very unfortunate. fiscal year. I do urge all my colleagues Regardless of where our politics are However, this bill needs to be passed. to support the motion offered by the on the different education issues, all of The reality is, D.C. needs its money. gentleman from Louisiana and urge its us need to reach out. But the average We have a fiscal crisis. This is a sub- adoption. is $10,000 plus per student. The answer stantial improvement over the House- Mr. Speaker, I yield 2 minutes to the is not just more dollars per student but passed bill. We will hear from the gen- gentlewoman from the District of Co- some of the reforms that we are going tlewoman from the District of Colum- lumbia [Ms. NORTON]. through to spend the money wisely. bia [Ms. NORTON] shortly. It has bipar- Ms. NORTON. Mr. Speaker, I thank I would like to thank not only the tisan support. It supports the Federal the gentleman for yielding me this gentlewoman from the District of Co- revitalization package that this Con- time. I thank him for his hard work on lumbia for her energy but the gen- gress passed last year. this bill. I thank the gentleman from tleman from Virginia [Mr. MORAN], the With the adoption of the Senate Louisiana [Mr. LIVINGSTON] and the ranking minority member, for working amendment, we have a bill that the many people on both sides of the aisle together on this bill. I urge its passage. President will sign. The Senate amend- who contributed to finally getting this Mr. MORAN of Virginia. Mr. Speak- ment has several key features that are bill out. er, I yield myself such time as I may similar to the original House bill. It Before I say a word on this bill, I consume. In the interest of time we are provides the same $828 million. The want to thank the gentlewoman from not going to have other speakers, but I funds are distributed a little dif- Florida and the gentleman from Flor- would like to extend our appreciation ferently but they are just the way that ida who have helped us to expedite this to some people like the gentleman the Control Board and the D.C. govern- bill by not calling for a recorded vote. from Florida [Mr. HASTINGS] and the ment feel they ought to be distributed. I want to promise them that I will gentlewoman from Florida [Mrs. Also, like the House bill, the Senate stand with them so that we get a vote MEEK]. They could have delayed their amendment will ensure that the Dis- the first week we come back on Haiti. colleagues’ time considerably tonight. trict continues to make progress to re- This may not be a moment of truth They chose not to, but it is an issue duce its accumulated deficit. $200 mil- but it has arrived. We must get the that they have very legitimate and lion goes into deficit reduction. This is D.C. appropriation out tonight. We deep feelings about. the bill that was the consensus budget have a bipartisan compromise only be- I think the gentleman from North submitted by the D.C. Council, the cause of the hard work of people on Carolina [Mr. TAYLOR] should be recog- mayor and the D.C. Financial Control both sides of the aisle. No one has nized for his conscientious effort on Board. gained much. Everybody has given up a this bill. We disagreed on a number of Most important, these provisions lot in order to get this bill through. We provisions, but he applied himself and that the Senate amendment has do not have tried to accommodate all reason- spent a lot of time on this; certainly contain all the micromanagement and able requests. the gentleman from Louisiana [Mr. the legislative riders that were in the It is not the bill I would have wanted. LIVINGSTON], the chairman of the full House bill that caused such problems No one has had to compromise more committee, and the gentleman from and delayed consideration of the bill. It than I have, Mr. Speaker. The bill has Wisconsin [Mr. OBEY], the ranking drops the authorizing language and ap- no new Federal money, only rescue member of the full committee. propriations for D.C. vouchers. That package money. It is $4.2 billion raised The staff deserves some recognition: would have ensured a presidential veto. exclusively in the District of Columbia, Migo Miconi, he is a walking encyclo- It drops the part that forced the clo- 6 weeks late in getting permission to pedia of the District of Columbia; Mike sure of the D.C. law school. It keeps spend our own money. Fischetti, Mary Porter, Tom Forhan, Pennsylvania Avenue closed regardless Congress, and the gentleman from Cheryl Smith. I would like to give of what Members think about that. North Carolina [Mr. TAYLOR] in par- some recognition to Mike Brown, my That would have been a very con- ticular, who had the oversight here, personal staff person, who spent hours, troversial issue with the administra- openly spoke to the District that it days, months really working on this tion. should use the surplus to pay down the bill and he did a tremendous job on it. We are 43 days into the fiscal year. deficit, and that is exactly what the I should have recognized him last time We have got to act immediately. The District in response to him has done. when it came to the floor. Cedric Hen- District of Columbia government is 43 The city and the Control Board have dricks has done such great work on the days behind in implementing the man- come forward with a budget that is bal- authorizing committee for the gentle- agement and financial reforms that we anced a year ahead of time, almost all woman from the District of Columbia all know are sorely needed. The Con- of the surplus used in exactly the way [Ms. NORTON]. trol Board is eager to begin its work. It the Congress has suggested. I would also like to give some rec- cannot do so until we get this bill com- There is a lot I would change. I want ognition to the gentleman from Vir- pleted. to thank everyone for helping do what ginia [Mr. DAVIS], the chairman of the November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10763 authorizing committee. He has done a The motion was agreed to. McDade Peterson (MN) Smith (TX) McDermott Pitts Smith, Adam real fine job in getting this bill A motion to reconsider was laid on McGovern Pomeroy Smith, Linda through, and in a way that the Presi- the table. McHale Porter Snowbarger dent can sign it and give the money to McHugh Portman Snyder the District that it sorely needs. f McInnis Poshard Souder Mr. Speaker, I yield back the balance McIntosh Price (NC) Spence CONFERENCE REPORT ON H.R. 2159, McIntyre Quinn Spratt of my time. McKeon Ramstad Stabenow Mr. LIVINGSTON. Mr. Speaker, I FOREIGN OPERATIONS, EXPORT McKinney Rangel Stenholm yield myself such time as I may FINANCING, AND RELATED PRO- McNulty Redmond Stokes consume. I would point out that I GRAMS APPROPRIATIONS ACT, Meek Regula Strickland Menendez Reyes Stupak wholeheartedly agree with the acco- 1998 Metcalf Riggs Talent lades bestowed by the gentleman from The SPEAKER pro tempore. The Millender- Rivers Tauscher Virginia. I would like to thank him for pending business is the question of McDonald Rodriguez Tauzin all of his cooperation. It has helped Miller (CA) Rogan Taylor (NC) agreeing to the conference report on Miller (FL) Ros-Lehtinen Thomas bring about this moment. It is overdue. the bill, H.R. 2159, on which the yeas Mink Rothman Thompson We want to get the District of Colum- and nays are ordered. Moakley Roukema Thune Mollohan Roybal-Allard Thurman bia adequately funded and pass this bill The Clerk read the title of the bill. as quickly as possible. Moran (VA) Rush Tierney The SPEAKER pro tempore. The Morella Sabo Torres I want to add a special commenda- question is on the conference report. Murtha Salmon Towns tion, though, for the gentleman from The vote was taken by electronic de- Nadler Sanchez Turner North Carolina [Mr. TAYLOR], who has Nethercutt Sanders Upton had lots of farsighted ideas on how to vice, and there were— yeas 333, nays 76, Neumann Sandlin Velazquez Ney Sawyer Vento put the District of Columbia on firm answered ‘‘present’’ 1, not voting 22, as follows: Northup Saxton Visclosky fiscal footing. I think he is a man Nussle Schaefer, Dan Walsh ahead of his time. Many of his ideas [Roll No. 631] Oberstar Schaffer, Bob Wamp will be adopted but some of them just YEAS—333 Obey Schumer Waters Olver Scott Watt (NC) could not pass through muster at this Abercrombie Deal Hinchey Ortiz Serrano Waxman time. Ackerman DeFazio Hinojosa Owens Shadegg Weldon (PA) I thank the gentleman from Virginia Allen DeGette Hobson Oxley Shaw Weller Andrews Delahunt Holden [Mr. MORAN], I thank the gentleman Packard Shays Wexler Armey DeLauro Hooley Pallone Sherman Weygand from North Carolina [Mr. TAYLOR], I Bachus DeLay Horn Pappas Shimkus Whitfield thank the gentlewoman from the Dis- Baesler Dellums Hoyer Parker Sisisky Wicker trict of Columbia [Ms. NORTON], the Baldacci Deutsch Hunter Pascrell Skaggs Wise Ballenger Diaz-Balart Hutchinson gentleman from Virginia [Mr. DAVIS], Pastor Skeen Wolf Barrett (WI) Dickey Istook Paxon Skelton Woolsey and all of the staff who have lent a Bass Dicks Jackson (IL) Payne Slaughter Wynn hand in putting this bill together. I Bateman Dingell Jackson-Lee Pelosi Smith (MI) congratulate all the Members of the Becerra Dixon (TX) Bentsen Doggett Jefferson NAYS—76 House and look forward to their whole- Bereuter Dooley Jenkins Aderholt Hansen Rahall hearted, enthusiastic passage of this Berman Doyle John Archer Hastings (WA) Roemer bill. Bilirakis Dreier Johnson (CT) Barr Hefley Rogers Ms. BROWN of Florida. Mr. Speaker, I Bishop Dunn Johnson (WI) Barrett (NE) Herger Rohrabacher Blagojevich Edwards Johnson, E. B. would like to call attention to what I believe is Bartlett Hilleary Royce Bliley Ehlers Kanjorski Barton Hoekstra Ryun a human rights travesty happening right here Blumenauer Ehrlich Kaptur Berry Hostettler Sanford in this country. First, we should not be consid- Boehlert Engel Kasich Bilbray Hulshof Scarborough ering immigration issues on the appropriations Boehner English Kelly Blunt Hyde Sensenbrenner Bonilla Eshoo Kennedy (MA) bill for the District of Columbia. Second, we Brady Inglis Sessions Bonior Etheridge Kennedy (RI) Buyer Johnson, Sam Smith (NJ) should not be discriminating against our neigh- Bono Evans Kennelly Cannon Jones Solomon bors in this Hemisphere, the Haitians, with re- Borski Everett Kildee Chabot Kucinich Stearns Boswell Ewing Kilpatrick Chenoweth LaHood Stump gard to our immigration policy. Boucher Farr Kim Mr. Speaker, this bill has provisions to grant Coburn Lucas Sununu Boyd Fattah Kind (WI) Condit Mica Tanner certain groups of immigrants permanent resi- Brown (CA) Fawell King (NY) Crane Minge Taylor (MS) dence and others have extensions of time for Brown (FL) Fazio Kingston Doolittle Moran (KS) Thornberry consideration of their applications. The Hai- Brown (OH) Filner Kleczka Duncan Myrick Tiahrt Bryant Foley Klink tians have been given absolutely no special Emerson Paul Traficant Bunning Forbes Klug Ensign Pease Watkins provisions, even though many of them have Burr Ford Knollenberg Goode Peterson (PA) Watts (OK) been persecuted, just miles from our shores. Burton Fossella Kolbe Goodling Petri Weldon (FL) This is a disgrace because it is blatant dis- Callahan Fowler LaFalce Graham Pickering Young (FL) Calvert Fox Lampson crimination, that the conferees failed to cor- Gutknecht Pickett Camp Frank (MA) Lantos Hall (TX) Pombo rect, and tonight, the Rules Committee failed Campbell Franks (NJ) Largent to correct. Canady Frelinghuysen Latham ANSWERED ‘‘PRESENT’’—1 Mr. Speaker, I have seen the Rules Com- Cardin Frost LaTourette Barcia Carson Gallegly Lazio mittee make far more drastic changes to bills Castle Ganske Leach NOT VOTING—22 than what would have been required here to Chambliss Gejdenson Levin Baker Markey Shuster Christensen Gekas Lewis (CA) restore fairness to our immigration policy. Combest Meehan Smith (OR) Clay Gibbons Lewis (GA) Mr. Speaker, correcting the U.S. immigration Cubin Neal Stark Clayton Gilchrest Lewis (KY) Flake Norwood White policy with regard to Haitians should be the Clement Gillmor Linder Furse Pryce (OH) Yates first priority in the second session of the 105th Clyburn Gilman Lipinski Gephardt Radanovich Young (AK) Coble Goodlatte Livingston Congress. I intend to make sure it happens. Gonzalez Riley Collins Gordon LoBiondo We need to treat our neighbors with dignity Houghton Schiff Conyers Goss Lofgren and respect, and most of all, treat them fairly. Cook Granger Lowey b 0017 Mr. LIVINGSTON. Mr. Speaker, I Cooksey Green Luther yield back the balance of my time. Costello Greenwood Maloney (CT) Messrs. HALL of Texas, BLUNT, The SPEAKER pro tempore (Mr. Cox Gutierrez Maloney (NY) HYDE, CHABOT, and SCARBOROUGH Coyne Hall (OH) Manton changed their vote from ‘‘yea’’ to LAHOOD). All time for debate has ex- Cramer Hamilton Manzullo pired. Crapo Harman Martinez ‘‘nay.’’ Pursuant to House Resolution 324, Cummings Hastert Mascara Mrs. ROUKEMA, Mr. WHITFIELD, the previous question is ordered. Cunningham Hastings (FL) Matsui and Mr. SHADEGG changed their vote The question is on the motion offered Danner Hayworth McCarthy (MO) from ‘‘nay’’ to ‘‘yea.’’ Davis (FL) Hefner McCarthy (NY) by the gentleman from Louisiana [Mr. Davis (IL) Hill McCollum Mr. CHRISTENSEN changed his vote LIVINGSTON]. Davis (VA) Hilliard McCrery from ‘‘present’’ to ‘‘yea.’’ H10764 CONGRESSIONAL RECORD — HOUSE November 12, 1997 So the conference report was agreed Duncan Kingston Rogan Menendez Peterson (MN) Spratt Dunn Klug Rogers Millender- Pickett Stabenow to. Edwards Knollenberg Rohrabacher McDonald Pomeroy Stokes The result of the vote was announced Ehlers Kolbe Ros-Lehtinen Miller (CA) Poshard Strickland as above recorded. Ehrlich LaHood Royce Mink Price (NC) Stupak A motion to reconsider was laid on English Lampson Ryun Moakley Rahall Thompson Ensign Latham Salmon Mollohan Rangel Thurman the table. Everett LaTourette Sanchez Moran (VA) Reyes Tierney f Ewing Lazio Sandlin Murtha Rodriguez Torres Fawell Leach Sanford Nadler Rothman Towns PERSONAL EXPLANATION Foley Lewis (CA) Saxton Oberstar Roukema Velazquez Forbes Lewis (KY) Scarborough Obey Roybal-Allard Vento Mr. MENENDEZ. Mr. Speaker, dur- Fossella Linder Schaefer, Dan Olver Rush Visclosky ing rollcall vote number 629 on House Fowler Lipinski Schaffer, Bob Ortiz Sabo Waters Fox Livingston Schumer Owens Sanders Watt (NC) Resolution 319, I was unavoidably de- Franks (NJ) LoBiondo Sensenbrenner Pallone Scott Wexler tained. Had I been present, I would Frelinghuysen Lucas Sessions Pascrell Serrano Weygand have voted ‘‘no.’’ Gallegly Luther Shadegg Pastor Sisisky Wise Ganske Maloney (CT) Shaw Paul Skaggs Woolsey f Gekas Manzullo Shays Payne Slaughter Wynn Gibbons McCarthy (MO) Sherman Pelosi Smith, Adam PERSONAL EXPLANATION Gilchrest McCarthy (NY) Shimkus Gillmor McCollum Skeen NOT VOTING—27 Ms. PRYCE of Ohio. Mr. Speaker, due to an Gilman McCrery Skelton Baker Houghton Schiff official leave of absence for family obligations, Gingrich McDade Smith (MI) Combest Markey Shuster Goode McHugh Smith (NJ) Cubin Meehan Smith (OR) I was absent during legislative business on Goodlatte McInnis Smith (TX) Davis (VA) Neal Stark November 12, 1997. If I had been present, I Goss McIntosh Smith, Linda Flake Norwood Taylor (NC) would have voted in the following manner: Graham McIntyre Snowbarger Gephardt Pryce (OH) Waxman House Resolution 319 (rollcall No. 629): Granger McKeon Snyder Gonzalez Radanovich White Greenwood Metcalf Solomon Gordon Riley Yates Rule providing for the consideration of the bill Gutknecht Mica Souder Hall (OH) Sawyer Young (AK) (S. 738) to reform the statutes relating to Am- Hall (TX) Miller (FL) Spence b trak, and for other purposes. Aye. Hansen Minge Stearns 0034 Harman Moran (KS) Stenholm So the resolution was agreed to. House Resolution 314 (rollcall No. 630): Hastert Morella Stump Waiving a requirement of clause 4(b) of rule Hastings (WA) Myrick Sununu The result of the vote was announced XI with respect to consideration of certain res- Hayworth Nethercutt Talent as above recorded. olutions reported from the Committee on Hefley Neumann Tanner A motion to reconsider was laid on Herger Ney Tauscher Rules, and for other purposes. Aye Hill Northup Tauzin the table. H.R. 2159 (rollcall No. 631): Foreign Oper- Hilleary Nussle Taylor (MS) f Hobson Oxley Thomas ations Appropriations Act Conference Report. ELECTION OF MEMBER TO COM- Aye. Hoekstra Packard Thornberry Horn Pappas Thune MITTEE ON BANKING AND FI- f Hostettler Parker Tiahrt NANCIAL SERVICES AND COM- Traficant Hulshof Paxon MITTEE ON TRANSPORTATION AMENDING THE RULES OF THE Hunter Pease Turner Hutchinson Peterson (PA) Upton AND INFRASTRUCTURE HOUSE TO REPEAL EXCEPTION Hyde Petri Walsh TO REQUIREMENT THAT PUBLIC Inglis Pickering Wamp Mr. SOLOMON. Mr. Speaker, by di- COMMITTEE PROCEEDINGS BE Istook Pitts Watkins rection of the Republican Conference, I OPEN TO ALL MEDIA Jenkins Pombo Watts (OK) offer a privileged resolution (H. Res. Johnson (CT) Porter Weldon (FL) 325) and ask for its immediate consider- The SPEAKER pro tempore (Mr. Johnson, Sam Portman Weldon (PA) Jones Quinn Weller ation. LAHOOD). The pending business is the Kasich Ramstad Whitfield The Clerk read the resolution, as fol- question de novo on agreeing to House Kelly Redmond Wicker lows: Resolution 301. Kildee Regula Wolf H. RES. 325 The Clerk read the title of the resolu- Kim Riggs Young (FL) tion. Kind (WI) Rivers Resolved, That the following Member be, King (NY) Roemer and he is hereby, elected to the following The SPEAKER pro tempore. The standing committees of the House of Rep- question is on the resolution. NOES—165 resentatives: The question was taken; and the Abercrombie DeGette Hoyer COMMITTEE ON BANKING AND FINANCIAL Speaker pro tempore announced that Ackerman Delahunt Jackson (IL) SERVICES: Mr. Fossella of New York. the ayes appeared to have it. Allen DeLauro Jackson-Lee COMMITTEE ON TRANSPORTATION AND INFRA- Andrews Dellums (TX) STRUCTURE: Mr. Fossella of New York. RECORDED VOTE Bachus Deutsch Jefferson Mr. MOAKLEY. Mr. Speaker, I de- Baldacci Dicks John The resolution was agreed to. mand a recorded vote. Barcia Dingell Johnson (WI) A motion to reconsider was laid on Barrett (NE) Dixon Johnson, E. B. the table. A recorded vote was ordered. Barrett (WI) Dooley Kanjorski The vote was taken by electronic de- Becerra Doyle Kaptur f vice, and there were—ayes 241, noes 165, Bentsen Emerson Kennedy (MA) Berry Engel Kennedy (RI) PROVIDING FOR AN EXCEPTION not voting 27, as follows: Bishop Eshoo Kennelly FROM THE LIMITATION OF [Roll No. 632] Blagojevich Etheridge Kilpatrick CLAUSE 6(d) OF RULE X FOR THE Blumenauer Evans Kleczka COMMITTEE ON GOVERNMENT AYES—241 Bonior Farr Klink Aderholt Bono Clement Borski Fattah Kucinich REFORM AND OVERSIGHT Archer Boswell Coble Boucher Fazio LaFalce Mr. SOLOMON, from the Committee Armey Brady Coburn Boyd Filner Lantos Baesler Bryant Collins Brown (CA) Ford Largent on Rules, submitted a privileged report Ballenger Bunning Cook Brown (FL) Frank (MA) Levin (Rept. No. 105–404) on the resolution (H. Barr Burr Cooksey Brown (OH) Frost Lewis (GA) Res. 326) providing for an exception Bartlett Burton Cox Cardin Furse Lofgren Barton Buyer Crane Carson Gejdenson Lowey from the limitation of clause 6(d) of Bass Callahan Crapo Clay Goodling Maloney (NY) rule X for the Committee on Govern- Bateman Calvert Cunningham Clayton Green Manton ment Reform and Oversight, which was Bereuter Camp Davis (FL) Clyburn Gutierrez Martinez referred to the House Calendar and or- Berman Campbell Deal Condit Hamilton Mascara Bilbray Canady DeFazio Conyers Hastings (FL) Matsui dered to be printed. Bilirakis Cannon DeLay Costello Hefner McDermott f Bliley Castle Diaz-Balart Coyne Hilliard McGovern Blunt Chabot Dickey Cramer Hinchey McHale LEAVE OF ABSENCE Boehlert Chambliss Doggett Cummings Hinojosa McKinney Boehner Chenoweth Doolittle Danner Holden McNulty By unanimous consent, leave of ab- Bonilla Christensen Dreier Davis (IL) Hooley Meek sence was granted to: November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10765

Mr. COMBEST (at the request of Mr. for a period to be subsequently determined H.J. Res. 105. Joint resolution making fur- ARMEY), for today and the balance of by the Speaker, in each case for consider- ther continuing appropriations for the fiscal the week, on account of personal rea- ation of such provisions as fall within the ju- year 1998, and for other purposes. sons. risdiction of the committee concerned. f f Mr. RILEY (at the request of Mr. SENATE ENROLLED BILLS SIGNED ARMEY), for today and the balance of ENROLLED BILLS AND JOINT The SPEAKER announced his signa- the week, on account of medical rea- RESOLUTIONS ture to enrolled bills of the Senate of sons. Mr. THOMAS, from the Committee the following titles: Ms. PRYCE of Ohio (at the request of on House Oversight reported that that S. 669. An act to provide for the acquisition Mr. ARMEY), for today on account of committee had examined and found of the Plains Railroad Depot at the Jimmy family obligations. truly enrolled bills and joint resolu- Carter National Historic Site. Mr. YATES (at the request of Mr. GEP- tions of the House of the following ti- S. 714. An act to amend title 38, United HARDT), for after 6:15 p.m. today, on ac- tles, which were thereupon signed by States Code, to revise, extend, and improve count of personal reasons. the Speaker: programs for veterans. S. 923. An act to amend title 38, United f H.R. 282. An act to designate the United States Code, to prohibit interment or memo- States Post Office building located at 153 rialization in certain cemeteries of persons SENATE BILLS AND A CONCUR- East 110th Street, New York, New York, as committing Federal or State capital crimes. RENT RESOLUTION REFERRED the ‘‘Oscar Garcia Rivera Post Office Build- S. 1231. An act to authorize appropriations ing.’’ Bills and a concurrent resolution of H.R. 681. An act to designate the United for fiscal years 1998 and 1999 for the United the Senate of the following titles were States Post Office building located at 313 States Fire Administration, and for other taken from the Speaker’s table and, East Broadway in Glendale, California, as purposes. under the rule, referred as follows: the ‘‘Carols J. Moorhead Post Office Build- S. 1258. An act to amend the Uniform Relo- ing.’’ cation Assistance and Real Property Acqui- S. 156. An act to provide certain benefits of sition Policies Act of 1970 to prohibit an the Pick-Sloan Missouri River Basin pro- H.R. 1057. An act to designate the building in Indianapolis, Indiana, which houses the alien who is not lawfully present in the Unit- gram to the Lower Brule Sioux Tribe, and ed States from receiving assistance under for other purposes; to the Committee on Re- operations of the Indianapolis Main Post Of- fice as the ‘‘Andrew Jacobs, Jr. Post Office that act. sources. S. 1347. An act to permit the city of Cleve- S. 493. An act to amend section 1029 of title Building.’’ H.R. 1058. An act to designate the facility land, Ohio, to convey certain lands that the 18, United States Code, with respect to cel- of the United States Postal Service under United States conveyed to the city. lular telephone cloning paraphernalia; to the construction at 150 West Maggaret Drive in f Committee on the Judiciary. Terre Haute, Indiana, as the ‘‘John T. Myers S. 537. An act to amend title III of the Pub- Post Office Building.’’ BILLS PRESENTED TO THE lic Health Service Act to revise and extend H.R. 1086. An act to codify without sub- PRESIDENT the mammography quality standards pro- stantive change laws related to transpor- Mr. THOMAS, from the Committee gram; to the Committee on Commerce. tation and to improve the United States S. 1354. An act to amend the Communica- Code. on House Oversight, reported that that tions Act of 1934 to provide for the designa- H.R. 1090. An act to amend title 38, United committee did on the following date, tion of common carriers not subject to the States Code, to allow revision of veterans present to the President, for his ap- jurisdiction of a State commission as eligi- benefits decisions based on clear and unmis- proval, bills of the House of the follow- ble telecommunications carriers; to the takable error. ing titles: Committee on Commerce. H.R. 1377. An act to amend title I of the November 10, 1997: S. 1505. An act to make technical and con- Employee Retirement Income Security Act H.R. 2631. An act disapproving the can- forming amendments to the Museum and Li- of 1974 to encourage retirement income sav- cellations transmitted by the President on brary Services Act, and for other purposes; ings. October 6, 1997, regarding Public Law 105–45. to the Committee on Education and the H.R. 1479. An act to designate the Federal H.R. 681. An act to designate the United Workforce. building and United States courthouse lo- States Post Office building located at 313 S. 1511. An act to amend section 3165 of the cated at 300 Northeast First Avenue in East Broadway in Glendale, California, as National Defense Authorization Act for Fis- Miami, Florida, as the ‘‘David W. Dyer Fed- the ‘‘Carlos J. Moorhead Post Office Build- cal Year 1998 to clarify the authority in the eral Building and United States Court- ing.’’ section; to the Committee on National Secu- house.’’ H.R. 282. An act to designate the United H.R. 1484. An act to redesignate the United rity. States Post Office building located at 153 States courthouse located at 100 Franklin S. Con. Res. 67. Concurrent resolution ex- East 100th Street, New York, New York, as Street in Dublin, Georgia, as the ‘‘J. Roy pressing the sense of Congress that the mu- the ‘‘Oscar Garcia Rivera Post Office Build- Rowland United States Courthouse.’’ seum entitled ‘‘The Women’s Museum: An ing.’’ H.R. 1840. An act to provide a law enforce- Institute for the Future,’’ in Dallas, Texas, H.R. 1057. An act to designate the building ment exception to the prohibition on the ad- be designated as a millennium project for in Indianapolis, Indiana, which houses the the United States; to the Committee on Edu- vertising of certain electronic devices. H.R. 2129. An act to designate the United operations of the Indianapolis Main Post Of- cation and the Workforce. fice as the ‘‘Andrew Jacobs, Jr., Post Office S. 1115. An act to amend title 49, United States Post Office located at 150 North 3rd Street in Steubenville, Ohio, as the ‘‘Douglas Building.’’ States Code, to improve the one-call notifi- H.R. 1058. An act to designate the facility cation process, and for other purposes; to the Appelgate Post Office.’’ H.R. 2366. An act to transfer to the Sec- of the United States Postal Service under Committee on Transportation and Infra- retary of Agriculture the authority to con- construction at 150 West Margaret Drive in structure, and in addition, to the Committee duct the census of agriculture, and for other Terre Haute, Indiana, as the ‘‘John T. Myers on Ways and Means, for a period to be subse- purposes. Post Office Building.’’ quently determined by the Speaker, in each H.R. 2564. An act to designate the United H.R. 1479. An act to designate the Federal case for consideration of such provisions as States Post Office located at 450 North Cen- building and United States courthouse lo- fall within the jurisdiction of the committee tre Street in Pottsville, Pennsylvania, as the cated at 300 Northeast First Avenue in concerned. ‘‘Peter J. McCloskey Postal Facility.’’ Miami, Florida, as the ‘‘David W. Dyer Fed- S. 1506. An act to amend the Professional H.R. 2631. An act disapproving the can- eral Building and United States Court- Boxing Safety Act (P.L. 104–272); to the Com- cellations transmitted by the President on house.’’ mittee on Education and the Workplace, and October 6, 1997, regarding Public Law 105–45. H.R. 2129. An act to designate the United in addition, to the Committee on Commerce, H.R. 813. An act to waive time limitations States Post Office located at 150 North 3rd for a period to be subsequently determined specified by law in order to allow the Medal Street in Steubenville, Ohio, as the ‘‘Douglas by the Speaker, in each case for consider- of Honor to be awarded to Robert R. Ingram Applegate Post Office.’’ ation of such provisions as fall within the ju- of Jacksonville, Florida, for acts of valor H.R. 1484. An act to redesignate the United risdiction of the committee concerned. while a Navy Hospital Corpsman in the Re- States courthouse located at 100 Franklin S. 222. An act to establish an advisory com- public of Vietnam during the Vietnam con- Street in Dublin, Georgia, as the ‘‘J. Roy mission to provide advice and recommenda- flict. Rowland United States Courthouse.’’ tions on the creation of an integrated, co- H.J. Res. 91. Joint resolution the consent H.R. 2564. An act to designate the United ordinated Federal policy designed to prepare of Congress to the Apalachicola-Chattahoo- States Post Office located at 450 North Cen- for and respond to serious drought emer- chee-Flint River Basin Compact. tre Street in Pottsville, Pennsylvania, as the gencies; to the Committee on Transportation H.J. Res. 92. Joint resolution the consent ‘‘Peter J. McCloskey Postal Facility.’’ and Infrastructure, and in addition, to the of Congress to the Alabama-Coosa- H.R. 1377. An act to amend title I of the Committees on Resources and Agriculture, Tallapoosa River Basin Compact. Employee Retirement Income Security Act H10766 CONGRESSIONAL RECORD — HOUSE November 12, 1997 of 1974 to encourage retirement income sav- sion Benefit Guaranty Corporation, trans- the report in compliance with the Inspector ings. mitting the Corporation’s final rule—Termi- General Act and the Federal Managers’ Fi- H.R. 1747. An act to amend the John F. nation of Single-Employer Plans (RIN: 1212– nancial Integrity Act, pursuant to Public Kennedy Center Act to authorize the design AA82) received November 12, 1997, pursuant Law 100—504, section 104(a) (102 Stat. 2525); to and construction of additions to the parking to 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Government Reform and garage and certain site improvements, and Education and the Workforce. Oversight. for other purposes. 5885. A letter from the Fiscal Assistant 5896. A letter from the Secretary of the In- H.J. Res. 105 Joint resolution making fur- Secretary, Department of the Treasury, terior, transmitting the Department’s report ther continuing appropriations for the fiscal transmitting the annual report of material on the administration of the Marine Mam- year 1998, and for other purposes. violations or suspected material violations mal Protection Act of 1972, pursuant to 16 H.R. 2731. An act for the relief of Roy of regulations relating to Treasury auctions U.S.C. 1373(f); to the Committee on Re- Desmond Moser. and other offerings of securities upon the is- sources. H.R. 2732. An act for the relief of John suance of such securities by the Treasury, 5897. A letter from the Deputy Assistant Andre Chalot. pursuant to 31 U.S.C. 3121 nt.; to the Com- Administrator for Fisheries, National Oce- H.R. 1787. An act to assist in the conserva- mittee on Commerce. anic and Atmospheric Administration, trans- tion of Asian elephants by supporting and 5886. A letter from the Director, Defense mitting the Administration’s final rule— providing financial resources for the con- Security Assistance Agency, transmitting Fisheries of the Exclusive Economic Zone servation programs of nations within the notification concerning the Department of Off Alaska; Individual Fishing Quota Pro- range of Asian elephants and projects of per- the Air Force’s proposed Letter(s) of Offer gram; Standard Allowances for Ice and Slime sons with demonstrated expertise in the con- and Acceptance (LOA) to Singapore for de- [Docket No. 970520118–7251–02; I.D. 050197A] servation of Asian elephants. fense articles and services (Transmittal No. (RIN: 0648–AJ00) received November 12, 1997, f 98–14), pursuant to 22 U.S.C. 2776(b); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on International Relations. mittee on Resources. ADJOURNMENT 5887. A letter from the Assistant Secretary 5898. A letter from the Administrator, Fed- for Legislative Affairs, Department of State, eral Aviation Administration, transmitting Mr. SOLOMON. Mr. Speaker, I move the report on the effectiveness of the Civil that the House do now adjourn. transmitting notification that effective Oc- tober 26, 1997, the danger pay rate for Aviation Security Program for the period The motion was agreed to; accord- January 1, 1996 through December 31, 1996, ingly (at 12 o’clock and 27 minutes Kinshasa was designated at the 15% level, pursuant to 5 U.S.C. 5928; to the Committee pursuant to 49 U.S.C. app. 1356(a); to the a.m.), the House adjourned until today, on International Relations. Committee on Transportation and Infra- Thursday, November 13, 1997, at 10 a.m. 5888. A letter from the Assistant Legal Ad- structure. 5899. A letter from the General Counsel, f viser for Treaty Affairs, Department of Department of Transportation, transmitting State, transmitting text of agreements in the Department’s final rule—Airworthiness EXECUTIVE COMMUNICATIONS, which the American Institute in Taiwan is a Directives; Eurocopter Deutschland GmbH ETC. party between January 1 and December 31, Model MBB-BK 117 A–1, A–3, A–4, B–1, B–2 1996, pursuant to 22 U.S.C. 3311(a); to the Under clause 2 of rule XXIV, execu- and C–1 Helicopters (Federal Aviation Ad- tive communications were taken from Committee on International Relations. 5889. A letter from the Deputy Director, ministration) [Docket No. 96–SW–23–AD; Amdt. 39–10195; AD 97–23–07] (RIN: 2120–AA64) the Speaker’s table and referred as fol- US&FCS/Russia-NIS Program Office, Inter- received November 8, 1997, pursuant to 5 lows: national Trade Administration, transmitting U.S.C. 801(a)(1)(A); to the Committee on 5878. A letter from the Acting Adminis- the Administration’s final rule—Cooperative trator, Agricultural Marketing Service, Transportation and Infrastructure. Agreement Program for an American Busi- 5900. A letter from the General Counsel, transmitting the Service’s final rule—Re- ness Center in Russia [Docket No. 971023252– Department of Transportation, transmitting duced Assessment Rates for Specified Mar- 7252–01] received November 5, 1997, pursuant the Department’s final rule—Airworthiness keting Orders [Docket No. FV97–922–2 FIR] to 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; The New Piper Aircraft, Inc. PA– received November 12, 1997, pursuant to 5 International Relations. 20, PA–22, PA–23, PA–24, PA–25, PA–30, PA– U.S.C. 801(a)(1)(A); to the Committee on Ag- 5890. A letter from the Chairman, Council 31P, PA–36, PA–39, and PA–44 Series Air- riculture. of the District of Columbia, transmitting a planes (Federal Aviation Administration) 5879. A letter from the Acting Adminis- copy of D.C. Act 12–176, ‘‘Felony Murder [Docket No. 84–CE–27–AD; Amdt. 39–10189; AD trator, Agricultural Marketing Service, Amendment Act of 1997’’ received November 85–02–05 R1] (RIN: 2120–AA64) received No- transmitting the Service’s final rule— 12, 1997, pursuant to D.C. Code section 1— vember 8, 1997, pursuant to 5 U.S.C. Kiwifruit Grown in California; Increased As- 233(c)(1); to the Committee on Government 801(a)(1)(A); to the Committee on Transpor- sessment Rate [Docket No. FV97–920–3 FIR] Reform and Oversight. tation and Infrastructure. received November 12, 1997, pursuant to 5 5891. A letter from the Chairman, Council 5901. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on Ag- of the District of Columbia, transmitting a Department of Transportation, transmitting riculture. copy of D.C. Act 12–177, ‘‘Financial Institu- the Department’s final rule—Airworthiness 5880. A letter from the Acting Adminis- tions Deposit and Investment Amendment Directives; British Aerospace (Jetstream) trator, Agricultural Marketing Service, Act of 1997’’ received November 12, 1997, pur- Model HS 748 Series Airplanes (Federal Avia- transmitting the Service’s final rule—To- suant to D.C. Code section 1—233(c)(1); to the tion Administration) [Docket No. 97–NM–225– bacco Inspection: Subpart C—Standards Committee on Government Reform and AD; Amdt. 39–10191; AD 97–23–03] (RIN: 2120– [Docket No. TB–97–05] received November 12, Oversight. AA64) received November 8, 1997, pursuant to 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5892. A letter from the Chairman, Council 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Agriculture. of the District of Columbia, transmitting a Transportation and Infrastructure. 5881. A letter from the Chairman, Board of copy of D.C. Act 12–180, ‘‘Defined Contribu- 5902. A letter from the General Counsel, Governors of the Federal Reserve System, tion Transition Vesting Temporary Amend- Department of Transportation, transmitting transmitting the report on credit availabil- ment Act of 1997’’ received November 12, 1997, the Department’s final rule—Airworthiness ity for small businesses, pursuant to Public pursuant to D.C. Code section 1—233(c)(1); to Directives; Boeing Model 727–100 Series Air- Law 104—208, section 2227(a)(1) (110 Stat. the Committee on Government Reform and planes Modified in Accordance with Supple- 3009—417); to the Committee on Banking and Oversight. mental Type Certificate (STC) SA8472SW Financial Services. 5893. A letter from the Chair, Architectural (Federal Aviation Administration) [Docket 5882. A letter from the Director, Office of and Transportation Barriers Compliance No. 97–NM–268–AD; Amdt. 39–10190; AD 97–23– Thrift Supervision, transmitting the annual Board, transmitting the 1997 annual consoli- 02] (RIN: 2120–AA64) received November 8, report on compliance by thrifts with the re- dated report in compliance with the Inspec- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the quirements of the national flood insurance tor General Act and the Federal Managers’ Committee on Transportation and Infra- program, pursuant to Public Law 103—325, Financial Integrity Act, pursuant to Public structure. section 529(a) (108 Stat. 2266); to the Commit- Law 100—504, section 104(a) (102 Stat. 2525); to 5903. A letter from the General Counsel, tee on Banking and Financial Services. the Committee on Government Reform and Department of Transportation, transmitting 5883. A letter from the Deputy Executive Oversight. the Department’s final rule—Airworthiness Director and Chief Operating Officer, Pen- 5894. A letter from the Director, Division of Directives; Schweizer Aircraft Corporation sion Benefit Guaranty Corporation, trans- Commissioned Personnel, Department of Model 269A, A–1, B, and C, and TH–55A Heli- mitting the Corporation’s final rule—Alloca- Health and Human Services, transmitting copters (Federal Aviation Administration) tion of Assets in Single-Employer Plans; In- the annual report disclosing the financial [Docket No. 96–SW–05–AD; Amdt. 39–10194; terest Assumptions for Valuing Benefits [29 condition of the retirement system for the AD 97–23–06] (RIN: 2120–AA64) received No- CFR Part 4044] received November 12, 1997, year ending September 30, 1996, pursuant to vember 8, 1997, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 31 U.S.C. 9503(a)(1)(B); to the Committee on 801(a)(1)(A); to the Committee on Transpor- mittee on Education and the Workforce. Government Reform and Oversight. tation and Infrastructure. 5884. A letter from the Deputy Executive 5895. A letter from the Executive Director, 5904. A letter from the General Counsel, Director and Chief Operating Officer, Pen- National Council on Disability, transmitting Department of Transportation, transmitting November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10767 the Department’s final rule—Modification of points of order against the conference report Committee on Commerce, and in addition to Class D Airspace; Minot, ND [Airspace Dock- to accompany the bill (H.R. 2159) making ap- the Committees on Education and the et No. 97–AGL–59] received November 8, 1997, propriations for foreign operations, export fi- Workforce, and Agriculture, for a period to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- nancing, and related programs for the fiscal be subsequently determined by the Speaker, mittee on Transportation and Infrastruc- year ending September 30, 1998, and for other in each case for consideration of such provi- ture. purposes (Rept. 105–402). Referred to the sions as fall within the jurisdiction of the 5905. A letter from the General Counsel, House Calendar. committee concerned. Department of Transportation, transmitting Mrs. MYRICK: Committee on Rules. House By Ms. DUNN of Washington (for her- the Department’s final rule—Computer Res- Resolution 324. Resolution providing for con- self, Mr. SMITH of Oregon, Ms. FURSE, ervations System (CRS) Regulations [Docket sideration of the Senate amendments to the Mr. NETHERCUTT, Ms. HOOLEY of Or- OST–96–1145 [49812]] (RIN: 2105–AC35) received bill (H.R. 2607) making appropriations for the egon, and Mr. PAUL): November 8, 1997, pursuant to 5 U.S.C. government of the District of Columbia and H.R. 3029. A bill to amend the Internal Rev- 801(a)(1)(A); to the Committee on Transpor- other activities chargeable in whole or in enue Code of 1986 to permit certain tax free tation and Infrastructure. part against the revenues of said District for corporate liquidations into a 501(c)(3) organi- 5906. A letter from the General Counsel, the fiscal year ending September 30, 1998, and zation and to revise the unrelated business Department of Transportation, transmitting for other purposes (Rept. 105–403). Referred income tax rules regarding receipt of debt-fi- the Department’s final rule—Safety Fitness to the House Calendar. nanced property in such a liquidation; to the Procedure; Safety Ratings (Federal Highway Mr. DREIER: Committee on Rules. House Committee on Ways and Means. Administration) [FHWA Docket Nos. MC–94– Resolution 326. Resolution providing for an By Mr. GEKAS: 22 and MC–96–18; FHWA–97–2252] (RIN: 2125– exception from the limitation of clause 6(d) H.R. 3030. A bill to amend the Internal Rev- AC71) received November 8, 1997, pursuant to of rule X for the Committee on Government enue Code of 1986 to disallow a Federal in- 5 U.S.C. 801(a)(1)(A); to the Committee on Reform and Oversight (Rept. 105–404). Re- come tax deduction for payments to the Fed- Transportation and Infrastructure. ferred to the House Calendar. eral Government or any State or local gov- 5907. A letter from the Regulatory Policy ernment in connection with any tobacco liti- f Officer, Bureau of Alcohol, Tobacco and gation or settlement and to use any in- Firearms, transmitting the Bureau’s final PUBLIC BILLS AND RESOLUTIONS creased Federal revenues to promote public rule—Removal of Restrictions on Importa- health; to the Committee on Ways and tion of Defense Articles from Specified New Under clause 5 of Rule X and clause 4 Means, and in addition to the Committees on Independent States of the Former Soviet of Rule XXII, public bills and resolu- Commerce, and the Budget, for a period to be Union and Yugoslavia and to Amend the tions were introduced and severally re- subsequently determined by the Speaker, in Term ‘‘Military Firearms and Ammunition’’ ferred, as follows: each case for consideration of such provi- (RIN: 1512–AB62) received November 8, 1997, sions as fall within the jurisdiction of the By Mr. WEXLER: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- committee concerned. H.R. 3024. A bill to amend the Internal Rev- mittee on Ways and Means. By Mr. HALL of Ohio (for himself, Mrs. enue Code of 1986 to provide for the estab- 5908. A letter from the Chief, Regulations EMERSON, Ms. JACKSON-LEE, and Mr. lishment of, and the deduction of contribu- Unit, Internal Revenue Service, transmitting WOLF): the Service’s final rule—Rulings and deter- tions to, homeownership plans; to the Com- H.R. 3031. A bill to establish the Bill Emer- mination letters [Rev. Proc. 97–53] received mittee on Ways and Means. son and Mickey Leland memorial fellowship November 12, 1997, pursuant to 5 U.S.C. By Mr. DAVIS of Virginia (for himself, programs, and for other purposes; to the 801(a)(1)(A); to the Committee on Ways and Ms. NORTON, and Mrs. MORELLA): Committee on Agriculture, and in addition Means. H.R. 3025. A bill to amend the Federal to the Committee on International Rela- 5909. A letter from the Chief, Regulations charter for Group Hospitalization and Medi- tions, for a period to be subsequently deter- Unit, Internal Revenue Service, transmitting cal Services, Inc., and for other purposes; to mined by the Speaker, in each case for con- the Service’s final rule—Pension Plan Limi- the Committee on Government Reform and sideration of such provisions as fall within tations, Etc. [Notice 97–58] received Novem- Oversight. the jurisdiction of the committee concerned. ber 12, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. FOX of Pennsylvania (for him- By Mrs. MALONEY of New York: to the Committee on Ways and Means. self, Mr. HOLDEN, Mr. MCNULTY, Mr. H.R. 3032. A bill to amend the Office of 5910. A letter from the Chief, Regulations FROST, Mr. SAXTON, Mr. ENSIGN, Mr. Federal Procurement Policy Act and related Unit, Internal Revenue Service, transmitting CHRISTENSEN, Mr. FRELINGHUYSEN, acts to enhance the payments protections for the Service’s final rule—Examination of re- Mr. FORBES, Mr. RAMSTAD, Mr. subcontractors and suppliers on Federal con- turns and claims for refund, credit, or abate- WELDON of Florida, Mrs. KELLY, Mr. struction projects, and for other purposes; to ment; determination of correct tax liability GIBBONS, Mrs. TAUSCHER, Mr. the Committee on the Judiciary, and in addi- [Revenue Procedure 97–51] received Novem- MALONEY of Connecticut, Mr. BER- tion to the Committee on Government Re- ber 12, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); MAN, Mr. SCHUMER, Ms. WOOLSEY, and form and Oversight, for a period to be subse- to the Committee on Ways and Means. Mr. WELDON of Pennsylvania): quently determined by the Speaker, in each 5911. A letter from the Chief, Regulations H.R. 3026. A bill to amend title 28, United case for consideration of such provisions as Unit, Internal Revenue Service, transmitting States Code, relating to jurisdictional immu- fall within the jurisdiction of the committee the Service’s final rule—Temporary regula- nities of the Socialist People’s Libyan Arab concerned. tions to be issued under the Internal Reve- Jamahiriya, to grant jurisdiction to the By Mrs. MEEK of Florida (for herself, nue Code [Notice 97–64] received November courts of the United States for claims aris- Ms. BROWN of Florida, and Mr. HAST- 12, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to ing out of the destruction of Pan American INGS of Florida): the Committee on Ways and Means. World Airways Flight 103; to the Committee H.R. 3033. A bill to adjust the immigration 5912. A letter from the Acting Assistant on the Judiciary. status of certain Haitian nationals who were Secretary for Legislative Affairs, Depart- By Ms. DELAURO: provided refuge in the United States; to the ment of State, transmitting notification of H.R. 3027. A bill to amend the Internal Rev- Committee on the Judiciary. their intent to disburse funds for purposes of enue Code of 1986 to increase the tax rate on By Mr. SHAW (for himself, Mr. Nonproliferation and Disarmament Fund ac- tobacco products, and for other purposes; to DEUTSCH, Mr. MCCOLLUM, Mrs. MEEK tivities, pursuant to 22 U.S.C. 5858; jointly to the Committee on Ways and Means. of Florida, Mr. FOLEY, Mr. DAVIS of the Committees on International Relations By Ms. DELAURO (for herself, Mr. Florida, Mr. HASTINGS of Florida, and Appropriations. PALLONE, Mrs. LOWEY, Mr. STARK, Mrs. THURMAN, Mrs. FOWLER, Mr. f Mr. ACKERMAN, Ms. PELOSI, Ms. CANADY of Florida, Mr. DIAZ-BALART, DEGETTE, Mr. MILLER of California, Ms. ROS-LEHTINEN, Mr. GILMAN, Mr. REPORTS OF COMMITTEES ON Mr. MCGOVERN, Mr. MEEHAN, Mr. GOSS, Mr. MICA, Mr. WELDON of Flor- PUBLIC BILLS AND RESOLUTIONS OLVER, Mr. SERRANO, Mr. STOKES, ida, Ms. BROWN of Florida, Mr. Under clause 2 of rule XIII, reports of Ms. NORTON, Mr. RUSH, Mr. WEXLER, and Mr. BILIRAKIS): DELAHUNT, Mr. MATSUI, Mr. YATES, H.R. 3034. A bill to amend section 13031 of committees were delivered to the Clerk Ms. WATERS, and Mr. WEYGAND): the Consolidated Omnibus Budget Reconcili- for printing and reference to the proper H.R. 3028. A bill to amend the Public ation Act of 1985, relating to customs user calendar, as follows: Health Service Act and the Federal Food, fees, to allow the use of such fees to provide Mr. CALLAHAN: Committee of Conference. Drug and Cosmetic Act to prevent the use of for customs inspectional personnel in con- Conference report on H.R. 2159. A bill mak- tobacco products by minors, to reduce the nection with the arrival of passengers in ing appropriations for foreign operations, ex- level of tobacco addiction, to compensate Florida, and for other purposes; to the Com- port financing, and related programs for the Federal and State Governments for a portion mittee on Ways and Means. fiscal year ending September 30, 1998, and for of the health costs of tobacco-related ill- By Mr. SKEEN: other purposes (Rept. 105–401). Ordered to be nesses, to enhance the national investment H.R. 3035. A bill to establish an advisory printed. in biomedical and basic scientific research, commission to provide advice and rec- Mr. DIAZ-BALART: Committee on Rules. and to expand programs to address the needs ommendations on the creation of an inte- House Resolution 323. Resolution waiving of children, and for other purposes; to the grated, coordinated Federal policy designed H10768 CONGRESSIONAL RECORD — HOUSE November 12, 1997

to prepare for and respond to serious drought HOUGHTON, Mr. BLILEY, Mr. DUNCAN, Mr. H.R. 2560: Mr. FRANKS of New Jersey, Mr. emergencies; to the Committee on Transpor- YOUNG of Alaska, Mr. PICKETT, Mr. FORBES, SNYDER, Mrs. ROUKEMA, Mr. HOEKSTRA, Ms. tation and Infrastructure, and in addition to Mr. ROHRABACHER, Mr. BOEHNER, Mr. PETRI, DEGETTE, and Mr. GEPHARDT. the Committees on Agriculture, and Re- Mrs. CLAYTON, Mr. SENSENBRENNER, Mr. GRA- H.R. 2563: Mr. MASCARA, Mr. PAPPAS, and sources, for a period to be subsequently de- HAM, Mr. STEARNS, Mr. PAXON, Mr. BACHUS, Mr. LOBIONDO. termined by the Speaker, in each case for Mr. STUMP, Mr. GOODE, and Mr. BUNNING of H.R. 2567: Mr. FILNER. consideration of such provisions as fall with- Kentucky. H.R. 2593: Mr. BASS, Mr. ISTOOK, Mr. in the jurisdiction of the committee con- H.R. 107: Mr. ORTIZ. ADERHOLT, Mr. SOUDER, Mr. EHLERS, Mr. cerned. H.R. 170: Mr. SUNUNU. FOSSELLA, Mr. HOSTETTLER, Mr. BARTLETT of By Mr. SMITH of Michigan (for him- H.R. 182: Mr. ENGEL and Mr. BARRETT of Maryland, Mr. LEACH, Mr. LATHAM, Mr. self, Mr. BARCIA of Michigan, Mr. Wisconsin. PAPPAS, Mr. TALENT, Mr. CHAMBLISS, Mr. LATHAM, Mr. JENKINS, Mr. POMBO, H.R. 231: Mr. LANTOS. WOLF, Mr. BATEMAN, Mr. FOLEY, Mr. EHR- and Mr. CALVERT): H.R. 233: Mr. PAUL. LICH, Mr. BOEHNER, Mr. NEUMANN, Mr. KA- H.R. 3036. A bill to amend the Internal Rev- H.R. 603: Mr. DOYLE, Mr. CAMPBELL, and SICH, Mr. SHADEGG, Mr. FORBES, Mrs. enue Code of 1986 to exempt small unincor- Mr. SALMON. MORELLA, Mr. GILLMOR, Mr. REDMOND, Mr. porated farm businesses from the alternative H.R. 676: Mr. ADAM SMITH of Washington. OXLEY, Mr. BONO, Mr. HYDE, Ms. JACKSON- minimum tax; to the Committee on Ways H.R. 687: Ms. DELAURO. LEE, Ms. ROS-LEHTINEN, Mr. BEREUTER, Mr. and Means. H.R. 746: Mr. KENNEDY of Massachusetts. BILIRAKIS, Mr. DELAY, Mr. DAVIS of Virginia, By Mr. LANTOS (for himself, Mr. GIL- H.R. 859: Mr. GOODLING. Mr. MORAN of Virginia, Mr. CUMMINGS, Mr. MAN, Mr. GOSS, Mr. YATES, Mr. HUN- H.R. 864: Ms. FURSE and Mr. SANDLIN. ENGEL, Mrs. ROUKEMA, Mr. ORTIZ, and Mr. TER, Mr. SKELTON, Mr. SISISKY, Mr. H.R. 900: Mr. LOBIONDO. CLEMENT. FRANK of Massachusetts, Mr. ACKER- H.R. 906: Mr. SCARBOROUGH. H.R. 2595: Mr. CALVERT. MAN, Mr. SPRATT, Mr. HORN, Mr. KING H.R. 979: Mr. BURR of North Carolina, Mr. H.R. 2602: Mr. DAVIS of Illinois. of New York, Mr. WEXLER, Mr. CRAPO, and Mr. REYES. H.R. 2604: Mr. FRANKS of New Jersey, Mr. ROTHman, and Mr. SHERMAN): H.R. 991: Mr. WEYGAND. GOODLATTE, Mr. TIAHRT, Mr. PAPPAS, and H. Res. 322. A resolution expressing the H.R. 992: Mr. CANNON and Mr. INGLIS of Mr. RIGGS. sense of the House that the United States South Carolina. H.R. 2611: Mr. METCALF, Mr. ARMEY, Mr. should act to resolve the crisis with Iraq in H.R. 1062: Mr. PETRI. CHAMBLISS, Mr. COX of California, Mr. a manner that assures full Iraqi compliance H.R. 1114: Mr. KINGSTON and Mr. PASCRELL. DREIER, Mr. GIBBONS, Mr. HILL, Mr. SAM with United Nations Security Council resolu- H.R. 1134: Mr. PICKERING. JOHNSON, Mr. LARGENT, Mr. LATHAM, Mr. tions regarding the destruction of Iraq’s ca- H.R. 1138: Mr. WELLER. LATOURETTE, Mr. MANZULLO, Mr. MCINNIS, pability to produce and deliver weapons of H.R. 1140: Mr. PASCRELL. Mr. MCINTOSH, Mr. NEUMANN, Mr. NORWOOD, massdestruction, and that peaceful and dip- H.R. 1170: Mr. SALMON. Mr. PICKERING, Mr. ROHRABACHER, Mr. SES- lomatic efforts should be pursued, but that if H.R. 1174: Mr. STABENOW. SIONS, Mr. SHADEGG, Mr. SMITH of Texas, Mr. such efforts fail, multilateral military ac- H.R. 1194: Mr. STRICKLAND. WAMP, Mr. WATKINS, and Mr. WOLF. tion or unilateral United States military ac- H.R. 1195: Mr. STRICKLAND. H.R. 2613: Mr. THOMPSON, Mr. BOSWELL, and tion should be taken; to the Committee on H.R. 1202: Mr. KENNEDY of Rhode Island, Mr. BISHOP. H.R. 2630: Mr. PAPPAS. International Relations. Mr. LAZIO of New York, and Mr. YATES. H.R. 2664: Mrs. MINK of Hawaii and Mr. f H.R. 1232: Ms. ESHOO and Mr. POMEROY. H.R. 1289: Mr. ABERCROMBIE. STARK. MEMORIALS H.R. 1301: Mr. OWENS. H.R. 2681: Mr. MCINTYRE, Mr. KUCINICH, Mr. H.R. 1328: Mr. OWENS. WEYGAND, and Mr. THOMPSON. Under clause 4 of rule XXII, memori- H.R. 1425: Mr. OWENS and Mr. ANDREWS. H.R. 2695: Mr. THOMPSON and Mr. FARR of als were presented and referred as fol- H.R. 1426: Ms. DUNN of Washington. California. lows: H.R. 1515: Mr. SANDLIN. H.R. 2699: Mr. BENTSEN. H.R. 2701: Mr. MATSUI, Mr. COYNE, Mr. 228. The SPEAKER presented a memorial H.R. 1614: Mr. THOMPSON. MCDERMOTT, Mr. ENGEL, and Ms. SLAUGHTER. of the Legislature of the State of California, H.R. 1636: Mr. FORBES. H.R. 2710: Mr. DICKEY. relative to Assembly Joint Resolution 37 me- H.R. 1689: Ms. DELAURO and Mr. DAVIS of H.R. 2733: Mr. TURNER. Florida. morializing the President and Congress of H.R. 2734: Mr. EHRLICH. H.R. 1749: Mr. WEYGAND. the United States to support House Bill No. H.R. 2741: Mr. BONO, Mr. RADANOVICH, and H.R. 1766: Mr. FRANK of Massachusetts and 953 by Representative Patsy Mink, the Ovar- Mr. RIGGS. Mr. GOODE. ian Cancer Research and Information H.R. 2757: Ms. SLAUGHTER. H.R. 1810: Mr. PAPPAS and Mr. GRAHAM. Amendments of 1997; to the Committee on H.R. 2761: Ms. WOOLSEY. Commerce. H.R. 1872: Mr. HASTERT Mr. STEARNS, Mr. H.R. 2774: Mr. SHAYS, MS. CARSON, Mr. 229. Also, a memorial of the Legislature of METCALF, Mr. LAZIO of New York, and Mr. DAVIS of Illinois, Mr. DELLUMS, Mr. EVANS, the State of California, relative to Assembly BILBRAY. Mr. GUTIERREZ, Mr. HASTINGS of Florida, Ms. OOLSEY Joint Resolution 36 memorializing the Presi- H.R. 1915: Ms. W . HOOLEY of Oregon, Ms. KILPATRICK, Mr. LI- H.R. 2004: Mr. JOHNSON of Wisconsin. dent and Congress of the United States to PINSKI, Ms. LOFGREN, Mrs. LOWEY, Mrs. H.R. 2023: Mr. RUSH. work together to promote and support prac- MCCARTHY of New York, Mr. MEEHAN, Mr. H.R. 2088: Mr. KENNEDY of Rhode Island. tical methods of encouraging automobile TIERNEY, Ms. PELOSI, Mr. WEYGAND, Ms. H.R. 2211: Mr. HASTINGS of Florida, Mr. manufacturers to address problems relating WOOLSEY, and Mr. YATES. ROWN USH ELAHUNT to child passenger restraint systems, as pre- B of Ohio, Mr. R , Mr. D , Mr. H.R. 2783: Ms. CARSON and Ms. RIVERS. scribed; to the Committee on Commerce. BERMAN, Mr. UNDERWOOD, Mr. GREEN, and H.R. 2796: Mr. FRANK of Massachusetts, Mr. 230. Also, a memorial of the Legislature of Mr. COYNE. STOKES, Ms. KILPATRICK, Ms. EDDIE BERNICE the State of California, relative to Assembly H.R. 2221: Mr. SENSENBRENNER. JOHNSON of Texas, Mr. CRAMER, Ms. NORTON, Joint Resolution 39 memorializing the Con- H.R. 2253: Mr. OWENS, Mr. BLAGOJEVICH, Mr. THOMPSON, Mr. WATT of North Carolina, gress of the United States to enact legisla- and Mr. POSHARD. Mr. TAYLOR of Mississippi, and Mr. tion to reauthorize the Intermodal Surface H.R. 2327: Mr. CONDIT, Mr. WELLER, Mr. HILLEARY. Transportation Efficiency Act in a manner BOEHNER, and Mr. LUTHER. H.R. 2802: Mrs. THURMAN. that accomplished prescribed objectives; to H.R. 2348: Mr. DOOLEY of California. H.R. 2803: Mr. KING of New York. the Committee on Transportation and Infra- H.R. 2351: Mr. CONYERS, Mr. MANTON, Mr. H.R. 2804: Mr. THOMPSON. structure. ANDREWS, and Mr. WOOLSEY. H.R. 2805: Mr. THOMPSON. f H.R. 2369: Mr. BURTON of Indiana. H.R. 2826: Ms. MCKINNEY, Mr. CUMMINGS, H.R. 2431: Mr. CALVERT. Mr. MCNULTY, and Mr. LAFALCE. ADDITIONAL SPONSORS H.R. 2454: Mrs. MCCARTHY of New York and H.R. 2827: Mr. COOK. Mr. PASCRELL. Under clause 4 of rule XXII, sponsors H.R. 2829: Mr. BISHOP, Mr. LUTHER, Mr. H.R. 2457: Mrs. MCCARTHY of New York and McInnis, Ms. NORTON, Mr. SMITH of Oregon, were added to public bills and resolu- Mr. PASCRELL. and Mr. THOMPSON. tions as follows: H.R. 2474: Mr. WISE, Mr. SESSIONS, Mr. H.R. 2847: Mr. BRADY, Mr. WATKINS, Mr. H.R. 27: Mr. SAM JOHNSON, Mr. WATKINS, WELLER, and Mr. HULSHOF. WATTS of Oklahoma, Mr. THORNBERRY, Mr. Mr. NUSSLE, and Mr. CAMP. H.R. 2485: Ms. FURSE and Mr. STRICKLAND. DOOLITTLE, Mr. POMBO, Mr. CUNNINGHAM, Mr. H.R. 45: Mr. ENGEL. H.R. 2492: Ms. LOFGREN. BONILLA, Mr. LUCAS of Oklahoma, Mr. PICK- H.R. 59: Mr. SANFORD, Mr. COOK, and Mr. H.R. 2503: Mr. WEYGAND. ERING, Mr. SNOWBARGER, Mr. MICA, Mr. SISI- BUNNING of Kentucky. H.R. 2527: Ms. WOOLSEY. SKY, Mr. BLILEY, and Mr. KING of New York. H.R. 68: Mr. CLEMENT and Ms. KILPATRICK. H.R. 2540: Mr. ABERCROMBIE, Ms. ROYBAL- H.R. 2896: Ms. EDDIE BERNICE JOHNSON of H.R. 76: Mr. COOK. ALLARD, Ms. KILPATRICK, Mr. GUTIERREZ, Mr. Texas. H.R. 94: Mr. MCHUGH, Mr. HERGER, Mr. LANTOS, Mr. TOWNS, Mr. HASTINGS of Florida, H.R. 2912: Mr. WISE and Mr. TAYLOR of WOLF, Mr. MCHALE, Mr. TRAFICANT, Mr. and Mr. BISHOP. North Carolina. November 12, 1997 CONGRESSIONAL RECORD — HOUSE H10769

H.R. 2914: Mr. LEACH, Mr. CLYBURN, Mr. H.R. 2958: Mr. KANJORSKI and Mr. GREEN- H. Res. 235: Mr. PALLONE. STRICKLAND, Mr. ROMERO-BARCELO, and Mr. WOOD. H. Res. 251: Mr. FILNER, Ms. KILPATRICK, DAVIS of Illinois. H.R. 2992: Mr. CHAMBLISS, Mr. BUNNING of Mr. FROST, Mr. MCGOVERN, Mr. POSHARD, and H.R. 2921: Mr. HINCHEY, Mr. JOHN, Mr. MIL- Kentucky, and Mr. ENSIGN. Mr. DELLUMS. LER of Florida, Mr. BURR of North Carolina, H.R. 2993: Mr. WHITFIELD. H. Res. 267: Mr. EHLERS, Mr. LEACH, Mr. Mr. DEAL of Georgia, Mr. SESSIONS, Mr. LA- H.R. 2997: Mr. ENGEL. RAMSTAD, Mr. STEARNS, Mr. THORNBERRY, H.R. 3014: Mr. THOMAS, Mr. CUNNINGHAM, FALCE, Mr. RAHALL, Mr. WALSH, Mr. SKEL- Mr. INGLIS of South Carolina, Mr. JONES, Mr. and Ms. LOFGREN. TON, Mr. CALLAHAN, Mr. BARCIA of Michigan, WOLF, Mr. CANADY of Florida, and Mr. H.J. Res. 89: Mr. DEFAZIO. Mrs. CUBIN, Mr. BURTON of Indiana, Mr. SHIMKUS. H. Con. Res. 80: Mr. WAXMAN. STENHOLM, Mr. SMITH of Oregon, Mr. H. Res. 279: Mr. TORRES, Ms. WOOLSEY, Ms. MCINNIS, Mr. HAMILTON, Mrs. THURMAN, Mr. H. Con. Res. 106: Mr. SAXTON. H. Con. Res. 107: Mr. SKEEN and Mr. STABENOW, Mr. HINCHEY, and Mr. SPRATT, and Mr. BISHOP. MCDERMOTT. H.R. 2929: Mr. PETRI, Mr. SHAYS, Mr. SAN- BARRETT of Wisconsin. FORD, and Mr. SMITH of Michigan. H. Con. Res. 126: Mr. VISCLOSKY, Mr. H.R. 2930: Mr. RANGEL, Mr. PACKARD, Mr. PAPPAS, Mr. TAYLOR of Mississippi, and Mr. f PASTOR, Mr. LARGENT, Mr. OXLEY, Mr. MCGOVERN. H. Con. Res. 162: Mr. MCKEON. BARRETT of Wisconsin, Mr. SISISKY, Mr. DELETIONS OF SPONSORS FROM CAMP, Mr. HASTINGS of Florida, Mr. BURTON H. Con. Res. 168: Mr. BARTLETT of Mary- PUBLIC BILLS AND RESOLUTIONS of Indiana, Mr. ACKERMAN, Mr. ETHERIDGE, land, Mr. STUPAK, Mr. MCGOVERN, Mr. MAN- Mr. RILEY, Mr. DUNCAN, Mr. DEAL of Georgia, TON, Ms. SLAUGHTER, and Mr. ENGEL. Under clause 4 of rule XXII, sponsors H. Con. Res. 181: Mr. TIERNEY, Mr. LANTOS, Mr. CLEMENT, Mr. MARKEY, Mr. CHAMBLISS, were deleted from public bills and reso- Ms. KAPTUR, Mr. VISCLOSKY, Mr. DOYLE, Mr. and Mr. MCGOVERN. lutions as follows: H.R. 2938: Mr. FOLEY. HORN, Mr. PASCRELL, Mr. POSHARD, Ms. H.R. 2948: Mr. NADLER. FURSE, Mr. KENNEDY of Massachusetts, and H.R. 1173: Mr. DAN SCHAEFER of Colorado. H.R. 2955: Mr. POMEROY. Mr. MORAN of Virginia. H.R. 2777: Mr. GEJDENSON. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, NOVEMBER 12, 1997 No. 159 Senate The Senate met at 12 noon and was aged or disappointed. In the quiet of business until 12:30. If there are no re- called to order by the President pro this moment, we return to You, recom- quests for morning business, the Sen- tempore [Mr. THURMOND]. mit our lives to You, and receive Your ate may recess for several hours, as the revitalizing energy. We accept the Senate awaits House action on the re- PRAYER psalmist’s reorienting admonition, maining appropriations matters. The Chaplain, Dr. Lloyd John ‘‘Wait on the Lord; be of good courage, As previously announced, no rollcall Ogilvie, offered the following prayer: and He shall strengthen your heart; votes will occur during today’s session. Gracious God, without whom we can wait, I say, on the Lord!’’—Psalm 27:14. If rollcall votes are necessary tomor- do nothing of lasting value, but with In the name of our Lord and Saviour. row, the votes will be scheduled within whom there is no limit to what we can Amen. a 4-hour time span. The leader is now accomplish, we ask You to infuse us f attempting to ascertain that 4-hour pe- with fresh strength and determination riod. Also, if rollcalls will be necessary as we press toward the goal of finishing RECOGNITION OF THE ACTING during Thursday’s session of the Sen- the work of this 1st year of the 105th MAJORITY LEADER ate, Senators will be notified as soon as Congress. Help us to do all we can, in The PRESIDENT pro tempore. The a decision is made concerning those every way we can, and as best we can able acting majority leader, the distin- to finish well. Inspire us all to follow guished Senator from Kansas, is recog- possible votes on Thursday. the cadence of Your drumbeat. nized. The Senate is also attempting to Bless the Senators in these crucial f complete its business for the first ses- hours. Replace any weariness with the sion of the 105th Congress. Therefore, second wind of Your spirit. Rejuvenate SCHEDULE many executive and legislative items those whose vision is blurred by stress, Mr. ROBERTS. Mr. President, the are in the clearance process. Needless and deliver those who may be discour- Senate will be in a period of morning to say, the cooperation of all Senators

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S12503 S12504 CONGRESSIONAL RECORD — SENATE November 12, 1997 is necessary, and the leader and all of a quorum. The clerk will call the most recent annual report provided to concerned thank all Members for their roll. the Congress pursuant to section 308 of patience. The legislative clerk proceeded to the Chemical and Biological Weapons f call the roll. Control and Warfare Elimination Act Mr. COATS. Mr. President, I ask of 1991 (Public Law 102–182), also known THE VERY BAD DEBT BOXSCORE unanimous consent that the order for as the ‘‘CBW Report.’’ Mr. HELMS. Mr. President, at the the quorum call be rescinded. CHEMICAL AND BIOLOGICAL WEAPONS close of business Monday, November 10, The PRESIDING OFFICER (Mr. The three export control regulations 1997, the Federal debt stood at SANTORUM). Without objection, it is so issued under the Enhanced Prolifera- $5,428,066,600,045.67 (Five trillion, four ordered. tion Control Initiatives [EPCI] re- hundred twenty-eight billion, sixty-six f mained fully in force and continue to million, six hundred thousand, forty- be applied in order to control the ex- five dollars and sixty-seven cents). REPORT ON THE CONTINUATION port of items with potential used in Five years ago, November 10, 1992, OF THE EMERGENCY REGARDING chemical or biological weapons or un- the Federal debt stood at WEAPONS OF MASS DESTRUC- manned delivery systems for weapons $4,081,507,000,000 (Four trillion, eighty- TION—MESSAGE FROM THE of mass destruction. Chemical weapons continue to pose a one billion, five hundred seven mil- PRESIDENT—PM 80 very serious threat to our security and The PRESIDING OFFICER laid be- lion). that of countries friendly to us. On fore the Senate the following message Ten years ago, November 10, 1987, the April 29, 1997, the Convention on the from the President of the United Federal debt stood at $2,393,483,000,000 Prohibition of the Development, Pro- (Two trillion, three hundred ninety- States, together with an accompanying duction, Stockpiling and Use of Chemi- three billion, four hundred eighty-three report; which was referred to the Com- cal Weapons and on Their Destruction million). mittee on Banking, Housing, and (the ‘‘Chemical Weapons Convention’’ Fifteen years ago, November 10, 1982, Urban Affairs. or [CWC]) entered into force with 87 of the Federal debt stood at To the Congress of the United States: the CWC’s 165 signatories as original $1,139,807,000,000 (One trillion, one hun- On November 14, 1994, in light of the States Parties. The United States was dred thirty-nine billion, eight hundred dangers of the proliferation of nuclear, among their number, having deposited seven million). biological, and chemical weapons its instrument of ratification on April Twenty-five years ago, November 10, (‘‘weapons of mass destruction’’— 25. As of November 5, 104 countries had 1972, the Federal debt stood at [WMD]) and of the means of delivering become States Parties. $436,177,000,000 (Four hundred thirty-six such weapons, I issued Executive Order Russia did not complete its legisla- billion, one hundred seventy-seven mil- 12938, and declared a national emer- tive approval process in time to be lion) which reflects a debt increase of gency under the International Emer- among the original CWC States Par- nearly $5 trillion—$4,991,889,600,045.67 gency Economic Powers Act (50 U.S.C. ties. In our March meeting in Helsinki, (Four trillion, nine hundred ninety-one 1701 et seq.), Under section 202(d) of the President Yeltsin did, however, assure billion, eight hundred eighty-nine mil- National Emergencies Act (50 U.S.C. me of his understanding of the impor- lion, six hundred thousand, forty-five 1622(d)), the national emergency termi- tance of the CWC to Russia’s own secu- dollars and sixty-seven cents) during nates on the anniversary date of its rity. On October 31, 1997, the Russian the past 25 years. declaration, unless I publish in the Fed- Duma (lower house) approved ratifica- Mr. President, I suggest the absence eral Register and transmit to the Con- tion of the CWC. On November 5, 1997, of a quorum. gress a notice of its continuation. the Russian Federation Council unani- The PRESIDING OFFICER. The The proliferation of weapons of mass mously approved the CWC and the Rus- clerk will call the roll. destruction continues to pose an un- sian government deposited its instru- The legislative clerk proceeded to usual and extraordinary threat to the ment of ratification. Russia’s ratifica- call the roll. national security, foreign policy, and tion makes it possible for Russia to The PRESIDING OFFICER. In my economy of the United States. There- join the United States in playing a capacity as a Senator from the State of fore, I am advising the Congress that leadership role in ensuring that all of Kansas, I ask unanimous consent that the national emergency declared on the Convention’s benefits are realized. Given Russia’s financial situation the order for the quorum call be re- November 14, 1994, and extended on No- during this difficult period of transi- scinded. vember 14, 1995 and November 14, 1996, tion to a market economy, serious con- Without objection, it is so ordered. must continue in effect beyond Novem- f cerns have been raised about the high ber 14, 1997. Accordingly, I have ex- costs of environmentally sound de- tended the national emergency de- RECESS struction of the large stocks of chemi- clared in Executive Order 12938 and The PRESIDING OFFICER. In my cal weapons Russia inherited from the have sent the attached notice of exten- former Soviet Union. Through the Co- capacity as a Senator from the State of sion to the Federal Register for publica- Kansas, I ask unanimous consent that operative Threat Reduction Program, tion. we are working with Russia to help ad- the Senate stand in recess until 2 p.m. The following report is made pursu- There being no objection, the Senate, dress these complex problems, and we ant to section 204(c) of the Inter- will continue to do so now that Russia at 12:30 p.m., recessed until the hour of national Emergency Economic Powers has ratified the CWC. 2:01 p.m.; whereupon, the Senate reas- Act (50 U.S.C. 1703(c)) and section 401(c) The Organization for the Prohibition sembled when called to order by the of the National Emergencies Act (50 of Chemical Weapons [OPCW] has been Presiding Officer [Mr. COATS]. U.S.C. 1641(c)), regarding activities established to achieve the object and f taken and money spent pursuant to the purpose of the CWC, to ensure the im- emergency declaration. Additional in- plementation of its provisions and pro- MORNING BUSINESS formation on nuclear, missile, and/or vide a forum for consultation and co- The PRESIDING OFFICER. The chemical and biological weapons [CBW] operation among States Parties. The Chair, in his capacity as a Senator nonproliferation efforts is contained in executive organ of the OPCW, the Ex- from the State of Indiana, asks unani- the most recent annual Report on the ecutive Council, has met five times mous consent that there now be a pe- Proliferation of Missiles and Essential since May to oversee decisions related riod of morning business until 3 p.m., Components of Nuclear, Biological and to inter alia data declarations, inspec- with Senators permitted to speak for Chemical Weapons, provided to the tions, and organizational issues. The up to 10 minutes each. Congress pursuant to section 1097 of United States plays an active role in Is there objection? The Chair hears the National Defense Authorization ensuring effective implementation of none, and it is so ordered. Act for Fiscal Years 1992 and 1993 (Pub- the Convention. In my capacity as a Senator from the lic Law 102–190), also known as the The CWC is an ambitious undertak- State of Indiana, I suggest the absence ‘‘Nonproliferation Report,’’ and the ing by the world community to ban an November 12, 1997 CONGRESSIONAL RECORD — SENATE S12505 entire class of weapons of mass de- proliferation regime. Last year, the ping shipments of proliferation con- struction. Its members have committed United States supported the entry into cern. By sharing information through themselves to totally eliminating the AG of the Republic of Korea, which diplomatic and other channels, we and chemical weapons stocks and produc- became the group’s 30th member in our AG partners have been successful tion facilities, prohibiting chemical time for the October 1996 plenary. in interdicting various shipments des- weapons-related activities, banning as- The United States attended this tined to CBW programs. sistance for such activities and re- year’s annual AG plenary session from MISSILES FOR WEAPONS OF MASS DESTRUCTION stricting trade with non-Parties in cer- October 6–9, 1997, during which the DELIVERY tain relevant chemicals. Destruction of Group continued to focus on strength- During the reporting period, the U.S. chemical weapons stocks is mov- ening AG export controls and sharing United States carefully controlled ex- ing forward. Other CWC States Parties information to address the threat of ports that could contribute to un- have now taken on a similar task, and CBW terrorism. At the behest of the manned delivery systems for weapons we are working hard with the other United States, the AG first began in- of mass destruction and closely mon- members of the CWC to make member- depth political-level discussion of CBW itored activities of potential missile ship in this treaty universal. terrorism during the 1995 plenary ses- proliferation concern. We also contin- The United States is determined to sion following the Tokyo subway nerve ued to implement U.S. missile sanc- ensure full implementation of the con- gas attack earlier that year. At the tions law, in cases where sanctionable crete measures in the CWC that will 1996 plenary, the United States urged activity was determined to have oc- raise the costs and the risks for any AG members to exchange national curred. In August 1997, we imposed state or terrorist attempting to engage points of contact for AG terrorism sanctions against two North Korean in chemical weapons-related activities. matters. At the 1997 plenary, the AG entities determined to have engaged in The CWC’s declaration requirements accepted a U.S. proposal to survey all missile proliferation activities. Similar will improve our knowledge of possible AG members on efforts each has taken sanctions imposed in May 1996 remain chemical weapons activities, whether to counter this threat. in effect against two entities in Iran conducted by countries or terrorists. The Group also reaffirmed the mem- and one entity in North Korea for Its inspection provisions provide for ac- bers’ collective belief that full adher- transfers involving Category II Missile cess to declared and undeclared facili- ence to the CWC and the BWC is the Technology Control Regime [MTCR] ties and locations, thus making clan- best way to achieve permanent global Annex items. During this reporting period, MTCR destine chemical weapons production elimination of CBW, and that all states Partners continued to share informa- and stockpiling more difficult, more adhering to these Conventions have an tion about proliferation problems with risky, and more expensive. obligation to ensure that their na- each other and with other potential Countries that refuse to join the CWC tional activities support this goal. supplier, consumer, and transshipment will be politically isolated and banned AG participants continue to seek to states. Partners also emphasized the from trading with States Parties in ensure that all relevant national meas- need for implementing effective export certain key chemicals. The relevant ures promote the object and purposes control systems. This cooperation has Treaty provision is specifically de- of the BWC and CWC. The AG nations resulted in the interdiction of missile- signed to penalize in a concrete way reaffirmed their belief that existing na- related materials intended for use in countries that refuse to join the rest of tional export licensing policies and missile programs of concern. the world in eliminating the threat of chemical weapons-related items fulfill The United States was an active par- chemical weapons. the obligation established under Arti- The United States also continues to ticipant in the MTCR’s June 1997 Rein- cle I of the CWC that States Parties forced Point of Contact Meeting play a leading role in the international never assist, in any way, the acquisi- [RPOC]. At the RPOC, MTCR Parnters effort to reduce the threat from bio- tion of chemical weapons. Given this engaged in useful discussions of re- logical weapons. We are an active par- understanding, the AG members also gional missile proliferation concerns, ticipant in the Ad Hoc Group striving reaffirmed their commitment to con- as well as steps the Partners could to create a legally binding protocol to tinuing the Group’s activities now that take to increase transparency and out- strengthen and enhance compliance the CWC has entered into force. reach to nonmembers. with the Convention on the Prohibition The AG also reaffirmed its commit- In July 1997, the United States also of the Development, Production and ment to continue to provide briefings played a leading role at the Swiss- Stockpiling of Bacteriological (Biologi- for non-AG countries, and to promote hosted MTCR workshop on the licens- cal) and Toxin Weapons and on Their regional consultations on export con- ing and enforcement aspects of trans- Destruction (the ‘‘Biological Weapons trols and nonproliferation to further shipment. The workshop was successful Convention’’ or (BWC)). This Ad Hoc awareness and understanding of na- in focusing attention on the enforce- Group was mandated by the September tional policies in these areas. ment problems raised by proliferators’ 1994 BWC Special Conference. The During the last 6 months, we contin- misuse of transshipment and fostered a Fourth BWC Review Conference, held ued to examine closely intelligence and productive exchange of ideas on how in November 1996, commended the work other reports of trade in chemical countries can better address such ac- done by the Ad Hoc Group and urged it weapons-related material and tech- tivity. to complete the protocol as soon as nology that might require action, in- The United States worked unilater- possible but not later than the next Re- cluding evaluating whether sanctions ally and in coordination with its MTCR view Conference to be held in 2001. A under the Chemical and Biological Partners to combat missile prolifera- draft rolling text was introduced by Weapons Control and Warfare Elimi- tion and to encourage nonmembers to the Chairman at the July Ad Hoc nation Act of 1991 were warranted. In export responsibly and to adhere to the Group session. Work is progressing on May 1997, we imposed sanctions on MTCR Guidelines. Since the last re- insertion of national views and clari- seven Chinese entities and one Hong port, we have continued our missile fication of existing text, largely drawn Kong company for knowingly and ma- nonproliferation dialogue with China, from the consultative phase of Ad Hoc terially contributing to Iran’s CW pro- the Republic of Korea [ROK], North Group work since 1994. Three-week ses- gram through the export of dual-use Korea [DPRK], and Ukraine. In the sions are scheduled for January, July, chemical precursors and/or chemical course of normal diplomatic relations, and September of 1998. Another 2-week production equipment and technology. we also have pursued such discussions session will be scheduled for either In September 1997, we imposed sanc- with other countries in Central Europe, March or December of 1998. Early com- tions on a German citizen and a Ger- the Middle East, and Asia. pletion of an effective BWC protocol is man company determined to have been In June 1997, the United States and high on our list of nonproliferation involved in the export of chemical pro- the DPRK held a second round of mis- goals. duction equipment to Libya’s CW pro- sile talks, aimed at freezing the The United States continues to be a gram. DPRK’s indigenous missile develop- leader in the Australia Group [AG] The United States continues to co- ment program and curtailing its mis- chemical and biological weapons non- operate with its AG partners in stop- sile-related export activities. The S12506 CONGRESSIONAL RECORD — SENATE November 12, 1997 DPRK appeared willing to consider leaving only five states worldwide cur- H.R. 1057. An act to designate the building limits on its missile-related exports, in rently outside the NPT regime. The in Indianapolis, Indiana, which houses the return for sanctions-easing measures, NPT Exporters (Zangger) Committee operations of the Indianapolis Main Post Of- but did not engage in discussion of lim- added China to its membership in 1997. fice as the ‘‘Andrew Jacobs, Jr. Office Build- ing.’’ its on its missile development pro- The Nuclear Suppliers Group [NSG] H.R. 1058. An act to designate the facility gram. We intend to pursue further mis- continued its efforts to upgrade control of the United States Postal Service under sile talks with the DPRK. lists and export control procedures. construction at 150 West Margaret Drive in In July 1997, we held another round of NSG members confirmed their agree- Terre Haute, Indiana, as the ‘‘John T. Myers nonproliferation talks with the ROK. ment to clarifications to the nuclear Post Office Building.’’ These talks were productive and made trigger list to accord with trigger list H.R. 1377. An act to amend title I of the progress toward facilitating ROK mem- changes agreed to by the members of Employee Retirement Income Security Act bership in the MTCR. the NPT Exporters (Zangger) Commit- of 1974 to encourage retirement income sav- In response to reports that Iran had ings. tee, and the International Atomic En- H.R. 1479. An act to designate the Federal acquired sensitive items from Russian ergy Agency published these under- building and United States courthouse lo- entities for use in Iran’s missile devel- standings on September 16, 1997. The cated at 300 Northeast First Avenue in opment program, the United States in- NSG also is actively pursuing steps to Miami, Florida, as the ‘‘David W. Dyer Fed- tensified its high-level dialogue with enhance the transparency of the export eral Building and United States Court- Russia on this issue. We held a number regime in accordance with the call in house.’’ of productive discussions with senior Principles 16 and 17 of the 1995 NPT Re- H.R. 1484. An act to redesignate the United States courthouse located at 100 Franklin Russian officials aimed at finding ways view and Extension Conference. the United States and Russia can work Street in Dublin, Georgia, as the ‘‘J. Roy The NSG held an export control sem- Rowland United States Courthouse.’’ together to prevent Iran’s ballistic inar in Vienna on October 8 and 9, 1997, H.R. 2129. An act to designate the United missile development program from ac- which described and explained the role States Post Office located at 150 North 3rd quiring Russian technology and equip- of th NSG (and the Zangger Commit- Street in Steubenville, Ohio, as the ‘‘Douglas ment. This process is continuing. tee) in preventing nuclear prolifera- Applegate Post Office.’’ NUCLEAR WEAPONS tion. The NSG also continued efforts to H.R. 2564. An act to designate the United In a truly historic landmark in our enhance information sharing among States Post Office located at 450 North Cen- efforts to curb the spread of nuclear tre Street in Pottsville, Pennsylvania, as the members regarding the nuclear pro- ‘‘Peter J. McCloskey Postal Facility.’’ weapons, the 50th U.N. General Assem- grams of proliferant countries by (1) H.R. 2631. An act disapproving the can- bly on September 10, 1996, adopted and ‘‘officially’’ linking the NSG members cellations transmitted by the President on called for signature of the Comprehen- through a dedicated computer network October 6, 1997, regarding Public Law 105–45. sive Nuclear Test Ban Treaty [CTBT], allowing for real-time distribution of H.J. Res. 104. Joint resolution making fur- negotiated over the previous 21⁄2 years license denial information, and by (2) ther continuing appropriations for the fiscal in the Conference on Disarmament in creating a separate session for ex- year 1998, and for other purposes. Geneva. The overwhelming passage of change of information on the margins Under the authority of the order of this U.N. resolution (158–3–5) dem- of the NSG plenary meeting. the Senate of January 7, 1997, the en- onstrates the CTBT’s strong inter- NSG membership will increase to 35 rolled bills and joint resolution were national support and marks a major with the acceptance of Latvia. The ul- signed on November 10, 1997, during the success for United States foreign pol- timate goal of the NSG is to obtain the adjournment of the Senate by the icy. On September 24, 1996, I and other agreement of all suppliers, including President pro tempore [Mr. THUR- international leaders signed the CTBT nations not members of the regime, to MOND]. in New York. control nuclear and nuclear-related ex- f During 1997, CTBT signatories have ports in accordance with the NSG INTRODUCTION OF BILLS AND conducted numerous meetings of the guidelines. JOINT RESOLUTIONS Preparatory Commission in Vienna, EXPENSES seeking to promote rapid completion of Pursuant to section 401(c) of the Na- The following bills and joint resolu- the International Monitoring System tional Emergencies Act (50 U.S.C. tions were introduced, read the first established by the Treaty. On Septem- 1641(c)), I report that there were no ex- and second time by unanimous con- ber 23, I transmitted the CTBT to the penses directly attributable to the ex- sent, and referred as indicated: Senate, requesting prompt advice and ercise of authorities conferred by the By Mr. HARKIN: consent to ratification. declaration of the national emergency S. 1522. A bill to authorize the Secretary of The CTBT will serve several United in Executive Order 12938 during the Agriculture to provide assistance to rural co- operatives; to the Committee on Agriculture, States national security interests in semiannual reporting period. banning all nuclear explosions. It will Nutrition, and Forestry. WILLIAM J. CLINTON. By Mr. MURKOWSKI (for himself and constrain the development and quali- THE WHITE HOUSE, November 12, 1997. Mr. STEVENS): tative improvement of nuclear weap- f S. 1523. A bill to allow for the investment ons; end the development of advanced of joint Federal and State funds from the new types; contribute to the preven- MESSAGES FROM THE HOUSE civil settlement of damages from the Exxon tion of nuclear proliferation and the RECEIVED DURING ADJOURNMENT Valdez oil spill; to the Committee on the Ju- process of nuclear disarmament; and ENROLLED BILLS AND JOINT RESOLUTION diciary. strengthen international peace and se- SIGNED By Mr. HARKIN: Under the authority of the order of S. 1524. A bill require the Secretary of curity. The CTBT marks an historic Health and Human Services to conduct an milestone in our drive to reduce the the Senate of January 7, 1997, the Sec- ongoing study of the health consequences of nuclear threat and to build a safer retary of the Senate, on November 10, nuclear weapons tests; to the Committee on world. 1997, during the adjournment of the Labor and Human Resources. Formal preparations for the year 2000 Senate, received a message from the By Mr. SPECTER (for himself and Mr. Review Conference for the Treaty on House of Representatives announcing BIDEN): the Non-Proliferation of Nuclear Weap- that the Speaker has signed the follow- S. 1525. A bill to provide financial assist- ons [NPT] began in 1997 with the first ing enrolled bills and joint resolution: ance for higher education to the dependents of Federal, State, and local public safety of- of three annual Preparatory Commit- H.R. 282. An act to designate the United ficers who are killed or permanently and to- States Post Office building located at 153 tee meetings of the Parties to the tally disabled as the result of a traumatic in- East 110th Street, New York, New York, as Treaty. The United States is commit- jury sustained in the line of duty; to the the ‘‘Oscar Garcia Rivera Post Office Build- ted to working to ensure that the 2000 Committee on the Judiciary. NPT review Conference will further ing.’’ H.R. 681. An act to designate the United f strengthen the NPT and reinforce glob- States Post Office building located at 313 al nuclear nonproliferation objectives. STATEMENTS ON INTRODUCED East Broadway in Glendale, California, as BILLS AND JOINT RESOLUTIONS Since the 1995 NPT Conference, eight the ‘‘Carlos J. Moorhead Post Office Build- additional states have joined the NPT, ing.’’ By Mr. HARKIN: November 12, 1997 CONGRESSIONAL RECORD — SENATE S12507 S. 1522. A bill to authorize the Sec- I urge that the Congress consider and total is about 424,000 acres, and the retary of Agriculture to provide assist- pass this bill in the coming year. trustees’ intention is to purchase or re- ance to rural cooperatives; to the Com- strict as much as 750,000 acres. mittee on Agriculture, Nutrition, and By Mr. MURKOWSKI (for himself The Federal Government already Forestry. and Mr. STEVENS): owns 248 million acres of Alaska—more THE RURAL COOPERATIVE ACT S. 1523. A bill to allow for the invest- than the eastern seaboard from Maine Mr. HARKIN. Mr. President, I am ment of joint Federal and State funds to Florida, which is home to one-third pleased to introduce the Rural Cooper- from the civil settlement of damages of the entire population of the United ative Act, a measure proposed by the from the Exxon Valdez oilspill; to the States. Inside the spill area, there al- administration. Under current law, the Committee on the Judiciary. ready are 20 different parcels of pro- Rural Business—Cooperative Services INVESTMENT OF ‘‘EXXON VALDEZ’’ TRUST FUNDS tected State and Federal lands, includ- within the Rural Development Admin- LEGISLATION ing the Kodiak National Wildlife Ref- istration provides a wide variety of Mr. MURKOWSKI. Mr. President, I uge, Katmai National Park and Pre- services for farm cooperatives. They rise to introduce legislation that will serve, and the Chugach National Forest conduct economic analysis, provide ad- allow more sensible investment of the and Copper River Delta Critical Habi- vice on how to form and best operate funds jointly received by the Federal tat Area. cooperatives and a wide variety of Government and the State of Alaska Many of the trustees’ additional land other services for farm cooperatives, from the civil settlement of damages acquisitions have been for the purpose including how to deal with the complex arising from the Exxon Valdez oilspill. of habitat protection, and are valuable laws under which cooperatives operate. The settlement provided for Exxon to to the trustees’ restoration mission, Farm cooperatives are very impor- pay the Federal and State governments tant in rural America. They allow but some have included the purchase of a total of $900 million over a 10-year pe- land that has already been logged or farmers to come together to purchase riod ending in 2001. Approximately $280 goods, to sell their products, and to land on which public access is re- million remains to be paid under this stricted despite being purchased by process their agricultural commodities agreement. Under the consent decree, under farmer ownership. Some coopera- public funds. These purchases are not the money is to be used for the recov- so easy to justify. tives only perform one of those func- ery of damaged resources, and is to be The trustees have already published tions. Some do two or three of them. In managed as a joint Federal-State trust plans to spend almost all of the $900 all cases, they allow farmers to come fund, administered by the Exxon million. By the time Exxon makes its together and more effectively bargain Valdez Oil Spill Trustee Council, which last payment, the only money not al- for a fair price. includes representatives of three Fed- ready spent will be the 12 percent the Funding for cooperative services eral and three State agencies. Under council is tucking away in a restora- within the Department of Agriculture the consent decree, moneys not imme- tion reserve. has been under considerable constraint diately expended are to be placed with in recent years and it is now difficult the U.S. District Court, Fifth Circuit After inflation-proofing, interest on for the Department to provide the full Court Registry Investment System. this account could provide about $2.1 range of services allowed by law to Recently, the trustees requested that million annually for long-term re- farm cooperatives. I do not want to see Congress adopt measures to allow them search and economic reconstruction those services reduced. But, I do agree to invest this money outside the Court projects—or could vanish in more land with the administration, that coopera- Registry Investment System, in which acquisitions. tive services should also be available to earnings are limited to approximately Finally, Mr. President, my bill also those in rural areas, in addition to 5 percent, and are further reduced by provides for the new investment au- farmers who want to form coopera- fees of 10 percent of the earnings. In thority to sunset in 2002 unless the tives. Therefore, I am introducing the the opinion of the trustees, even ex- trustees bring to Congress their administration-proposed bill to broad- tremely conservative investment out- thoughts on how an independent board en the responsibilities of the Depart- side the court registry could yield an might be created to administer the ment in this area. I do so, requesting additional $20 to $30 million by 2002, funds remaining after 2002. Personally, that the administration increase its re- which could greatly enhance continu- I’d like to see them recommend an quest for funding to carry out these ad- ing restoration projects. independent, scientifically-oriented ditional responsibilities and will be This bill responds to the trustees’ re- group to guide a long-term research urging that the Appropriations Com- quest. It will allow investment outside program—a board that would call for mittee appropriately increase funding the court registry system. Let me em- proposals, arrange for scientific peer in this area. review, publish findings, and so forth, The bill provides that rural residents phasize, however, that this authority is entirely discretionary. The trustees without the appearance of conflict that who are considering forming a coopera- exists when the trustees are funding tive for one of a number of purposes or may use it to reinvest settlement mon- eys or not, as they deem appropriate. projects in which their own agencies who have formed a cooperative may re- are involved. ceive a variety of kinds of assistance Further, Mr. President, as an added protection, the district court must ap- This is a responsible approach to a from USDA. difficult issue. It gives the trustees the The types of cooperatives that would prove any reinvestment. additional investment authority they benefit would include those purchasing The bill also directs that the earn- want without prohibiting them from consumer goods, business products or ings on the new investment be used for spending principal or the earnings from services, health care, utilities, commu- marine research and monitoring, and investments that remain in the court nications, child and day care, housing, for community and fishing industry credit, insurance, or other goods or economic restoration. This provision is registry system however they choose, services. It would also include coopera- needed to ensure attention to these im- including more land acquisition. It tives that market goods made by mem- portant areas. does, however, encourage them to look bers or goods made by the cooperative. Here again, let me make sure I am at some areas that are equally impor- The Department could provide advice absolutely clear. The bill I am offering tant to the task of once again making for such cooperatives including con- does not prevent the purchase of land whole both the resources and the peo- ducting economic surveys and analysis or easements. It simply directs that ple affected by the oil spill. of proposed cooperative activities. It the earnings—and only the earnings— Mr. President, I ask unanimous con- would also conduct surveys of coopera- on new investment go to other, equally sent for the text of the bill to be print- tives and issue reports about them as valid purposes. ed in the RECORD. I hope that we can well as promote rural cooperative prin- The trustee council has already spent take it up early next year, and urge my ciples and practices. a large part of the money received from colleagues’ support. The bill authorizes such sums as Exxon on land acquisition and ease- There being no objection, the bill was might be necessary to carry out the ments that limit the use of land it has ordered to be printed in the RECORD, as purposes of the act. not purchased outright. To date, the follows: S12508 CONGRESSIONAL RECORD — SENATE November 12, 1997 S. 1523 health effects of nuclear weapons test- that exposure to other radioactive iso- Be it enacted by the Senate and House of Rep- ing. This would build upon the study by topes that were spread by nuclear resentatives of the United States of America in the National Cancer Institute that was weapons tests such as strontium 90, ce- Congress assembled, Notwithstanding any released October 1 of this year. sium 137 and barium 140 could lead to other provision of law, upon the joint motion On October 1, following some major of the United States and the State of Alaska bone cancer, leukemia, higher infant and the issuance of an appropriate order by news coverage, the NCI testified before mortality, and a host of other illnesses. the United States District Court for the Dis- the Senate Labor, HHS, and Education This needs to be examined. So do the trict of Alaska, the joint trust funds or any Appropriations Subcommittee on their nuclear weapons tests that took place portion thereof, including any interest ac- efforts to connect nuclear weapons not only at the Nevada test site, but at crued thereon, previously received or to be testing with thyroid cancer. The NCI other places as well. For example, the received by the United States and the State testimony and the report released that NCI report did not examine the nuclear of Alaska pursuant to the Agreement and consent decree issued in United States v. day were startling. Atomic bomb tests weapons testing conducted by the Unit- Exxon Corporation, et al. (No. A91–082 CIV) in Nevada during the 1950’s exposed ed States in Mississippi, Alaska, New and State of Alaska v. Exxon Corporation, et millions of Americans—particularly Mexico, Colorado, or the South Pacific. al. (No. A91–083 CIV) (hereafter referred to as children—to large amounts of radio- The studies should research not only the ‘‘Consent Decree’’), may be deposited in active iodine-131. The levels of radio- the United States nuclear weapons pro- appropriate accounts outside the Court Reg- active iodine exposure is far worse than gram, but also tests by foreign nations istry, including the Natural Resource Dam- previously reported by the Govern- age Assessment and Restoration Fund (here- including the Soviet Union and its suc- after referred to as the ‘‘Fund’’) established ment. Hot spots where the iodine-131 cessor states, France, China, India, and in title I of the Department of the Interior fallout was greatest includes many Great Britain. and Related Agencies Appropriations Act, counties far away from Nevada, includ- I also believe that such studies 1992 (Pub. L. 102–154, 43 U.S.C. 1474b) and such ing New York, Massachusetts, and should be conducted in an open man- accounts outside the United States Treasury Iowa. ner. For example, this bill will require consisting of income-producing obligations Hot spots were identified as receiving that the studies fall under the review and other instruments or securities of a type as high as 5–16 rads of exposure of io- or class that have been determined unani- authority of the Advisory Committee mously by the federal and state natural re- dine-131, with children being exposed to on Energy Related Studies and other source trustees for the Exxon Valdez oil spill a risk up to 10 times higher. Iodine-131, entities established by the Federal to have a high degree of reliability and secu- which accumulates in the thyroid Government to ensure public account- rity: Provided, That any joint trust funds in gland, has been linked to thyroid can- ability over health related studies per- the Fund and any such outside accounts that cer. To give some understanding of the taining to nuclear weapon research, have been approved unanimously by the enormity of the U.S. atomic tests in production, and testing. The bill also trustees for expenditure by or through a state or federal agency shall be transferred Nevada, 116 million curies of iodine-131 requires that HHS report to Congress promptly from the Fund and such outside ac- were released in the United States within 90 days of passage as to its plan counts to the State or United States upon above ground tests. This compares to for completing the studies, as well as the joint request of the governments: Pro- 7.3 million from Chernobyl disaster the report to Congress each year on its vided further, that the transfer of joint trust former Soviet Union. The NCI report progress. funds outside the Court Registry shall not clearly shows that the U.S. atomic This is a simple bill that seeks some affect the supervisory jurisdiction of such tests exposed a lot of people to risks understanding of the health con- District Court under the Consent Decree or the Memorandum of Agreement and Consent now considered unacceptable. sequences of our nuclear weapons test- Decree in United States v. State of Alaska (No. The topic hits very close to home for ing program. I would ask my fellow A91–081–CIV) over all expenditures of the me. During the 1950’s, I was living in colleagues to review and support this joint trust funds: Provided further, That the small town of Cumming located in important legislation. nothing herein shall affect the requirement south-central Iowa. Along with many Mr. President, I ask unanimous con- of section 207 of the Dire Emergency Supple- Iowans, I lived in the hot spots detailed sent that the text of the bill be printed mental Appropriations and Transfers for Re- by the NCI study. Further, like many in the RECORD. lief From the Effects of Natural Disasters, There being no objection, the bill was for Other Urgent Needs, and for the Incre- of my neighbors, I drank milk from the mental Cost of ‘‘Operation Desert Shield/ cows kept on our farm. This increased ordered to be printed in the RECORD, as Desert Storm’’ Act of 1992 (Pub. L. 102–229, 43 the risk faced by myself and my family follows: U.S.C. 1474b note) that amounts received by because radioactive iodine accumulates S. 1524 the United States and designated by the in milk. Be it enacted by the Senate and House of Rep- trustees for the expenditure by or through a The NCI report has attracted a lot of resentatives of the United States of America in federal agency must be deposited into the attention. Much of this stems from the Congress assembled, Fund, Provided further, That any interest ac- history of nuclear weapons testing. As SECTION 1. ONGOING STUDY ON HEALTH CON- crued under the authority in this section SEQUENCES OF NUCLEAR WEAPONS may be used only for grants for marine re- we all know, the U.S. Government was TESTS. search and monitoring (including applied fairly cavalier with its nuclear weap- (a) REQUIREMENT.— fisheries research) and for community and ons program during the early days of (1) IN GENERAL.—The Secretary of Health economic restoration projects (including the cold war. Historians can argue and Human Services shall conduct an ongo- projects proposed by the fishing industry and about the reasons, but most people rec- ing study of the health consequences of nu- facilities), Provided further, That the federal ognize the terrible toll suffered by the clear weapons tests. trustees are hereby authorized to administer (2) COVERED TESTS.—In conducting the such grants: Provided further, That the au- American public because of our nuclear study, the Secretary shall, to the maximum thority provided in this section shall expire weapons program. Only recently has extent practicable, consider nuclear weapons on September 30, 2002, unless by September the extent of exposure to radiation and tests (including above ground tests and 30, 2001 the trustees have submitted to the other hazards to the ‘‘down winders’’ below ground tests) by the United States, Congress a proposal to authorize in federal living near nuclear weapons sites such France, Great Britain, India, the People’s statute a board to administer funds invested, as the Nevada test site, Hanford in Republic of China, the Soviet Union and its interest received, and grants awarded from successor states, and any other foreign na- such interest. Washington State, and the Marshall Is- landers in the South Pacific. tion that has conducted nuclear weapons So it is no surprise that a report de- tests. By Mr. HARKIN: (3) PARTICULAR EXPOSURES.—In conducting S. 1524. A bill require the Secretary tailing exposure to millions of Ameri- the study, the Secretary shall consider, in of Health and Human Services to con- cans would attract attention. However, particular, the following: duct an ongoing study of the health we need to continue the research into (A) The health consequences of exposure to consequences of nuclear weapons tests; the health impact of nuclear weapons plutonium, strontium-90, iodine-131, radio- to the Committee on Labor and Human testing. That is why I am introducing active cesium, and any other radioactive ele- Resources. this bill to require further study by the ment produced by a nuclear weapon test. (B) The health consequences of exposure to NATIONAL CANCER INSTITUTE HEALTH STUDY Department of Health and Human such elements for high-risk populations and LEGISLATION Services. for the general population. Mr. HARKIN. Mr. President, I rise to The HHS study will build upon the (4) REVIEW.—The Secretary shall provide introduce a bill requiring studies of the NCI study. There is strong evidence on an-going basis for guidance and review of November 12, 1997 CONGRESSIONAL RECORD — SENATE S12509 the conduct of the study, and review of the cers, Federal, State, or local. When made the ultimate sacrifice to keep results of the study, by the Advisory Com- someone gives his or her life protecting our streets and homes safe. This bill is mittee on Energy-Related Epidemiologic Re- the safety and well-being of the general intended to allow the dependents of search of the Department of Health and public, it is the very least we can do to public safety officers to continue with Human Services and by such other entities engaged in the review of governmental stud- ensure that the officer’s children and/ their education as they would have ies relating to nuclear weapons activities as or spouse can continue on the edu- been able to do had their parent not the Secretary considers appropriate. cational path they would have followed been killed or totally disabled in the (b) REPORTS.— had their parent or spouse not been line of duty. (1) PRELIMINARY PLAN.—Not later than 90 killed in the line of duty. I have long been concerned about the days after the date of enactment of this Act, Today we seek to remedy this dispar- plight of families of public safety offi- the Secretary shall submit to Congress a re- ity between Federal and non-Federal cers killed in the line of duty—this port setting forth the Secretary’s plan for officers by introducing the Public Safe- summer, I introduced an amendment to the conduct of the study under this section. ty Officers Educational Assistance Act the Budget Reconciliation Act which The report shall set forth an estimate of the annual costs of the study. of 1998. This legislation will extend provides for the favorable tax treat- (2) ANNUAL REPORTS.—Not later than one these same educational benefits to the ment of survivor death benefits paid to year after the date of the submittal of the dependents of all public safety offi- the families of fallen officers. In that report under paragraph (1), and annually cers—Federal, State, county and local vein, this legislation offers assurance thereafter, the Secretary shall submit to law enforcement officers, correctional to those in the public safety profes- Congress a report on the results of the study officers, and fire and rescue personnel— sion—and even to those considering during the one-year period preceding the who have given their lives in the line of service as public safety officers—that date of the report. duty. their loved ones will be able to attain (c) FUNDING.—The Secretary of Energy Under this bill, the Attorney General shall transfer to the Secretary of Health and their educational goals in their ab- Human Services each fiscal year, from will administer a program which will sence. amounts appropriated for the Department of provide up to $4,485 per child, per year f Energy for such fiscal year for weapons ac- to attend a 4-year college. This is the tivities, such amounts as the Secretary of same amount of educational assistance ADDITIONAL COSPONSORS Energy and the Secretary of Health and the Federal Government provides to S. 71 Human Services jointly determine appro- the dependents of slain or disabled vet- At the request of Mr. DASCHLE, the priate to permit the Secretary of Health and erans and Federal law enforcement of- name of the Senator from New Jersey Human Services to conduct activities relat- ficers. I would note that this program [Mr. TORRICELLI] was added as a co- ing to the study under this section during is subject to appropriations and does sponsor of S. 71, a bill to amend the such fiscal year. not constitute an entitlement. Fair Labor Standards Act of 1938 and By Mr. SPECTER (for himself I would prefer that we did not have the Civil Rights Act of 1964 to provide and Mr. BIDEN): to worry about death and disabling in- more effective remedies to victims of S. 1525. A bill to provide financial as- juries for public safety officials, but it discrimination in the payment of sistance for higher education to the de- is a fact of life that every year there wages on the basis of sex, and for other pendents of Federal, State, and local are tragic losses. We are obligated to purposes. public safety officers who are killed or remember the families of those officers S. 263 permanently and totally disabled as who have paid the ultimate price to At the request of Mr. MCCONNELL, the result of a traumatic injury sus- keep our streets and homes safe. the name of the Senator from Min- tained in the line of duty; to the Com- Mr. BIDEN. Mr. President, last year nesota [Mr. WELLSTONE] was added as a mittee on the Judiciary. the Senate passed the Federal Law En- cosponsor of S. 263, a bill to prohibit forcement Dependents Assistance Act. the import, export, sale, purchase, pos- THE PUBLIC SAFETY OFFICERS EDUCATIONAL A law which provides for the education ASSISTANCE ACT OF 1998 session, transportation, acquisition, of the spouse and dependent children of Mr. SPECTER. Mr. President, I seek and receipt of bear viscera or products Federal law enforcement officers who recognition today to join Senator that contain or claim to contain bear die or are totally disabled in the line of BIDEN in introducing the Public Safety viscera, and for other purposes. duty. Officers Educational Assistance Act of S. 567 The purpose of the legislation was to At the request of Mr. SMITH, the 1998. The purpose of this bill is to build remove a significant financial burden on legislation we passed last Congress names of the Senator from Alaska [Mr. from the families of these deceased of- MURKOWSKI] and the Senator from and provide education benefits to the ficers and to allow them to continue on families of slain or disabled State and North Dakota [Mr. CONRAD] were added the educational path they would have as cosponsors of S. 567, a bill to permit local public safety officers. followed had their parent or spouse not Last year, Congress passed the Fed- revocation by members of the clergy of been killed in the line of duty. their exemption from Social Security eral Law Enforcement Dependents As- This fall, several young men and coverage. sistance Act. This law provides for the women were able to go to college under education of the spouse and dependent this program. Unfortunately, this pro- S. 834 children of Federal law enforcement of- gram is only available to the children At the request of Mr. HARKIN, the ficers who die or are totally disabled in of Federal law enforcement officers. name of the Senator from Nevada [Mr. the line of duty. Mr. President, I rise today to intro- REID] was added as a cosponsor of S. I was moved to introduce last year’s duce the Public Safety Officers Edu- 834, a bill to amend the Public Health legislation after meeting with the cational Assistance Act of 1998. This Service Act to ensure adequate re- widow of Mr. Bill Degan, the U.S. mar- legislation will extend these same edu- search and education regarding the shal who was killed in the tragic inci- cational benefits to the dependents of drug DES. dent at Ruby Ridge. Mrs. Karen Degan, all public safety officers—Federal, S. 852 his widow, brought to my attention the State, county, and local law enforce- At the request of Mr. LOTT, the name fact that the families of slain Federal ment officers, correctional officers, and of the Senator from Virginia [Mr. law enforcement officers were not eli- fire and rescue personnel—who have ROBB] was added as a cosponsor of S. gible to receive the educational bene- given their lives in the line of duty. 852, a bill to establish nationally uni- fits which the Government gives to the Under my bill, the Attorney General form requirements regarding the ti- families of slain soldiers in our armed will administer a program which will tling and registration of salvage, non- services. My legislation eliminated this provide up to $4,485 per child, per year repairable, and rebuilt vehicles. disparity. to attend a 4-year college. This is the S. 981 The program we created last year, same amount of educational assistance At the request of Mr. LEVIN, the however, is only available to the chil- the Federal Government provides to name of the Senator from Mississippi dren of Federal law enforcement offi- veterans. [Mr. COCHRAN] was added as a cospon- cers. Yet the idea behind the law ap- It is critical that we remember the sor of S. 981, a bill to provide for analy- plies equally to all public safety offi- families of those officers who have sis of major rules. S12510 CONGRESSIONAL RECORD — SENATE November 12, 1997 S. 1029 Medicare-eligible beneficiaries under p.m. in room 226 of the Senate Dirksen At the request of Mr. DEWINE, the the military health care system. Office Building to hold a hearing on ju- name of the Senator from Louisiana S. 1367 dicial nominations. [Ms. LANDRIEU] was added as a cospon- At the request of Mrs. HUTCHISON, the COMMITTEE ON THE JUDICIARY sor of S. 1029, a bill to provide loan for- name of the Senator from Texas [Mr. Mr. COATS. Mr. President, I ask giveness for individuals who earn a de- GRAMM] was added as a cosponsor of S. unanimous consent that the Commit- gree in early childhood education, and 1367, a bill to amend the act that au- tee on the Judiciary be authorized to enter and remain employed in the early thorized the Canadian River reclama- meet during the session of the Senate child care profession, to provide loan tion project, Texas to direct the Sec- on Wednesday, November 12, 1997, at 10 cancellation for certain child care pro- retary of the Interior to allow use of a.m. in room 226 of the Senate Dirksen viders, and for other purposes. the project distribution system to Office Building to hold a hearing on the S. 1141 transport water from sources other Copyright Office report on compulsory At the request of Mr. JOHNSON, the than the project. licensing of broadcast signals. SUBCOMMITTEE ON READINESS name of the Senator from Minnesota S. 1504 [Mr. GRAMS] was added as a cosponsor Mr. COATS. Mr. President, I ask At the request of Mr. GRAHAM, the unanimous consent that the Sub- of S. 1141, a bill to amend the Energy name of the Senator from New York Policy Act of 1992 to take into account committee on Readiness of the Com- [Mr. MOYNIHAN] was added as a cospon- mittee on Armed Services be author- newly developed renewable energy- sor of S. 1504, a bill to adjust the immi- ized to meet at 1 p.m. on Wednesday, based fuels and to equalize alternative gration status of certain Haitian na- November 12, 1997, in open session, to fuel vehicle acquisition incentives to tionals who were provided refuge in the receive testimony on military training increase the flexibility of controlled United States. fleet owners and operators, and for and readiness impact of the protocols other purposes. SENATE CONCURRENT RESOLUTION 52 to the framework convention on cli- At the request of Mr. HOLLINGS, the S. 1283 mate change. names of the Senator from South Da- The PRESIDING OFFICER. Without At the request of Mr. BUMPERS, the kota [Mr. DASCHLE], and the Senator name of the Senator from Louisiana objection, it is so ordered. from Illinois [Mr. DURBIN] were added [Ms. LANDRIEU] was added as a cospon- f as cosponsors of Senate Concurrent sor of S. 1283, a bill to award Congres- Resolution 52, a concurrent resolution ADDITIONAL STATEMENTS sional gold medals to Jean Brown relating to maintaining the current Trickey, Carlotta Walls LaNier, Melba standard behind the ‘‘Made in USA’’ Patillo Beals, Terrence Roberts, Gloria TRIBUTE TO J. FRED CARBINE label, in order to protect consumers Ray Karlmark, Thelma Mothershed Mr. JEFFORDS. Mr. President, I rise and jobs in the United States. ∑ Wair, Ernest Green, Elizabeth Eckford, today to pay tribute to J. Fred Car- and Jefferson Thomas, commonly re- SENATE CONCURRENT RESOLUTION 55 bine. Fred died this summer at the age ferred collectively as the ‘‘Little Rock At the request of Mr. GREGG, the of 59. I had the honor of knowing Fred Nine’’ on the occasion of the 40th anni- names of the Senator from California both as a partner and a friend. He will versary of the integration of the [Mrs. BOXER], the Senator from Mis- be remembered as much for his profes- Central High School in Little Rock, sissippi [Mr. COCHRAN], and the Senator sional accomplishments as for his Arkansas. from Minnesota [Mr. WELLSTONE] were humor. S. 1287 added as cosponsors of Senate Concur- Fred began his memorable career rent Resolution 55, a concurrent reso- At the request of Mr. JEFFORDS, the after passing the bar in 1962. He served name of the Senator from Mississippi lution declaring the annual memorial as a Rutland County grand juror and service sponsored by the National [Mr. COCHRAN] was added as a cospon- was the first assistant clerk for the sor of S. 1287, a bill to assist in the con- Emergency Medical Services Memorial Vermont House of Representatives servation of Asian elephants by sup- Service Board of Directors to honor from 1963 until 1968. Fred then filled a porting and providing financial re- emergency medical services personnel seat on the board of aldermen until sources for the conservation programs to be the ‘‘National Emergency Medi- 1978, during which time he served as of nations within the range of Asian cal Services Memorial Service.’’ board president for 7 years. After his elephants and projects of persons with SENATE CONCURRENT RESOLUTION 59 tenure as an alderman, he opened a law demonstrated expertise in the con- At the request of Mr. ABRAHAM, his practice, at which I had the great servation of Asian elephants. name was added as a cosponsor of Sen- pleasure of having him as a partner. Among his many interests, Fred was S. 1320 ate Concurrent Resolution 59, a concur- a member and governor of the Rutland At the request of Mr. ROCKEFELLER, rent resolution expressing the sense of Moose Lodge, for which he was awarded the names of the Senator from Ken- Congress with respect to the human the order’s highest degree in 1985. True tucky [Mr. FORD], and the Senator rights situation in the Republic of Tur- to his nature, Fred gave a great deal from Nevada [Mr. REID] were added as key in light of that country’s desire to back to his community. He worked cosponsors of S. 1320, a bill to provide host the next summit meeting of the with the Salvation Army, Knights of a scientific basis for the Secretary of heads of state or government of the Or- Columbus, and the Masonic Temple, Veterans Affairs to assess the nature of ganization for Security and Coopera- tion in Europe [OSCE]. among many others. the association between illnesses and Fred had a marvelous wit and a won- AMENDMENT NO. 1543 exposure to toxic agents and environ- derful sense of humor. He loved to tell At the request of Mr. KERRY his mental or other wartime hazards as a stories and always thought the best of name was added as a cosponsor of result of service in the Persian Gulf everyone. during the Persian Gulf war for pur- amendment No. 1543 proposed to S. Fred Carbine had many friends, and I poses of determining a service connec- 1139, an original bill to reauthorize the consider myself lucky to be one of tion relating to such illnesses, and for programs of the Small Business Admin- them. He was a brilliant lawyer and a other purposes. istration, and for other purposes. wonderful man. I would like to extend S. 1334 f my condolences to the family and At the request of Mr. BOND, the name friends of Fred Carbine.∑ of the Senator from Minnesota [Mr. AUTHORITY FOR COMMITTEES TO MEET f WELLSTONE] was added as a cosponsor of S. 1334, a bill to amend title 10, Unit- COMMITTEE ON THE JUDICIARY THE CHILDREN’S INN ed States Code, to establish a dem- Mr. COATS. Mr. President, I ask ∑ Mr. JOHNSON. Mr. President, I rise onstration project to evaluate the fea- unanimous consent that the Commit- today to recognize the Children’s Inn of sibility of using the Federal Employees tee on the Judiciary be authorized to Sioux Falls, SD, and to pay tribute to Health Benefits Program to ensure the meet during the session of the Senate two women, Connie Kolbrek and Mar- availablity of adequate health care for on Wednesday, November 12, 1997, at 2 lene Weires, whose dedicated service November 12, 1997 CONGRESSIONAL RECORD — SENATE S12511 has enlightened the lives of many the United States. Manufacturing president for the local chamber of com- South Dakota women and children. kitchen and bath cabinetry, the merce. In light of his outstanding This fall, the Children’s Inn is cele- Merillats have devoted their time, re- achievements and dedication to the brating its 20th anniversary of provid- sources, and financial success to make people of Vermont, Henry was named ing emergency outreach services to the community of Lenawee County a ‘‘Man of the Year’’ for Rutland and women and children in the greater better place to live. They have unself- ‘‘Citizen of the Year’’ for the State. Sioux Falls community. When the ishly committed all they have gained At a ceremony recognizing his Children’s Inn first opened its doors in to their business, their employees, and achievements, he stressed the impor- an unfurnished two-bedroom bungalow, their community. tance of family and friends. Henry its primary directive was to provide Therefore, it is with great respect clearly understood the secrets to suc- emergency shelter for children who are and gratitude that I extend my most cess and was more than willing to victims of abuse and neglect. Staff sincere congratulations to Orville and share the wealth of his wisdom. members realized that an unsafe envi- Ruth Merillat. Their dedication to For those of us who had the good for- ronment for children was also unsafe their community, and all of Michigan tune to know him, Henry Carris’ en- for adult victims of abuse, and the inn is truly inspirational. It is with great ergy and enthusiasm left an indelible extended its outreach to all victims of honor that I rise today to recognize the impression. He exemplifies what all of domestic violence. Shortly thereafter, accomplishments of the Merillats as us should strive to achieve. I would it became apparent that the inn’s serv- Lenawee County’s Distinguished Citi- like to extend my condolences to his ices were in high demand, and the inn zens of the Year.∑ family and friends.∑ moved to larger facilities and expanded f f its staff. Currently, the inn serves as DISTRICT OF COLUMBIA many as 3,000 people annually and em- IN HONOR OF THE HUGHES’ 50TH APPROPRIATIONS BILL ploys 39 staffers. While the inn contin- WEDDING ANNIVERSARY ues to function under its founding pur- ∑ Mr. MOYNIHAN. Mr. President, I ∑ Ms. MOSELEY-BRAUN. Mr. Presi- pose, it has expanded its services to in- would like to call to your attention a dent, on Sunday evening, the Senate clude a crisis phone line, drop-in coun- most momentous and joyful occasion. completed its work on H.R. 2607, a bill seling, support groups for women and Rose Marie Pitman and John Lawrence providing appropriations for the Dis- children, parenting classes, and classes Hughes will celebrate their 50th wed- trict of Columbia for fiscal year 1998. for abusers. ding anniversary on November 27, 1997. I have serious concerns with several Mr. President, the Children’s Inn Rose Marie Pitman, daughter of provisions of this bill—provisions clearly has filled a significant void in Reine and Hugo Pitman, and John which I, in good conscience, cannot the lives of many Sioux Falls women Lawrence Hughes, the son of Margaret support. and children, and the 20th anniversary and John Hughes, were wed at the Perhaps these problems could have is a true milestone. However, none of Chapel of the Royal Hospital in Lon- been resolved had this bill been consid- its success would be realized today if it don, England 50 years ago. Living and ered early and passed on time. There is were not for the tireless work of working for many years in New York a time to debate, however, and a time Connie Kolbrek and Marlene Weires. City and Connecticut, the Hughes fam- to act. This session of the 105th Con- Connie served as the first executive di- ily includes sons Timothy and Ian, and gress is nearing a close, and that fact rector from 1977 to 1984. Her dedication daughter Sandra. means that we must enact a D.C. fund- and commitment to children helped to In an era when nearly half of all cou- ing bill—now. transform the inn from a simple idea ples married today will see their union One of my concerns centers on a pro- on paper to a mainstay in the Sioux dissolve into divorce, I believe it is vision included in the bill that will Falls nonprofit community. Marlene both instructive and important to grant permanent residence to almost has served as the inn’s executive direc- honor those who have taken the com- 250,000 nationals of Central America tor from 1985 until present, and her mitment of till death do us part seri- and Eastern Europe. Those covered by selfless service has produced many of ously, demonstrating successfully the the provisions, including Nicaraguans, the extension services which are avail- timeless principles of love, honor, and Cubans, Salvadorans, and Guate- able to the public today. Although fidelity. malans, fled to the United States and Marlene is planning her retirement, I Mr. President, I ask that you join sought haven during the civil wars in am confident that she will maintain me, our colleagues, and the entire Central America in the 1980’s. These in- her peripheral support. The Children’s Hughes family in recognizing the won- dividuals have been allowed to remain Inn and the women and children of derful sense of achievement and happi- here temporarily under various Gov- Sioux Falls were blessed with her many ness that marks the occasion of the ernment immigration programs and years of service. Lawrence and Rose Hughes’ golden court settlements. Again, I applaud the Children’s Inn wedding anniversary.∑ The 1996 Immigration Act, however, on its 20th anniversary, and recognize f denied recourse to permanent resi- the selfless work of the staff. Mr. Presi- dency for most of this class. This provi- TRIBUTE TO HENRY CARRIS dent, I yield the floor today, knowing sion grants permanent residence to that the Children’s Inn is a beacon of ∑ Mr. JEFFORDS. Mr. President, I rise these nationals on a case-by-case basis hope for many victims of abuse and ne- today to pay tribute to a good friend if their return would pose unusual glect.∑ and great Vermonter, Henry Carris. hardship. f Henry died on June 25, 1997, at the age While I support this provision, I must of 85. As founder of Carris Reels, a na- once again state for the record my AWARD DINNER HONORING tionally recognized enterprise, Henry strong objections to the decision by the ORVILLE AND RUTH MERILLAT was the epitome of everything that is conferees to exclude approximately ∑ Mr. ABRAHAM. Mr. President, I rise good about business. 18,000 Haitian refugees from this provi- today in recognition of Orville and He understood the importance of ap- sion. This exclusion was not only pa- Ruth Merillat. Mr. and Mrs. Merillat preciating his good fortune and giving tently unfair, but suggests almost a tin are long time residents of their com- something back to the community. ear on the racial implications of this munity, and on Tuesday, November 18, Henry was an active advocate for im- action. In the absence of a good reason 1997, they will receive the Great Sauk proved educational opportunities in the for this exclusion, I can see no other Trail Council of Boy Scouts of Ameri- Rutland area. Accordingly, he served justification for denying these individ- ca’s Award as its Distinguished Citi- on the Rutland School Board and was uals equal relief. I am certain that this zens of the Year for 1997. instrumental in developing the Rut- is not the signal this body intended to Orville and Ruth Merillat are great land Area Art Association. send. stewards to their community. In 1946, In addition, Henry was a member of I am heartened, however, that an they began transforming a small busi- the board for Rutland’s Regional Medi- agreement has been reached with the ness into the largest one of its kind in cal Center and was selected to act as Justice Department that will allow S12512 CONGRESSIONAL RECORD — SENATE November 12, 1997 these Haitians to remain in the coun- States ratified the Constitution and better train the employees to protect try until this matter is resolved legis- joined the Union. them against harm, and he has accom- latively. I am also encouraged by the Some might ask what the purpose of plished that task. Since Giggy has been commitment made by congressional this proposal is; why not leave well fire chief, there have been no serious leadership to take up this issue during enough alone. It is my hope that this injuries within the department. the next session of Congress. I encour- proposal will spark interest in every Giggy’s dedication and concern for oth- age all of my colleagues to support leg- State across our Nation about its ers is an outstanding example for ev- islation that I have cosponsored, along unique history. I hope that school chil- eryone to follow. with Senators GRAHAM, MACK, ABRA- dren begin to study the history of their Giggy has extended himself beyond HAM, and KENNEDY that would resolve States in search of an appropriate indi- being fire chief as well. He became the this issue. vidual or emblem to represent their city’s fire prevention officer in 1976 and I am also troubled by a provision in States on the reverse side of these worked tenaciously to increase the use this bill that would prohibit the Dis- quarters. I hope that artists, coin col- of safety features such as smoke trict of Columbia from using local rev- lectors, historians, and scholars debate alarms and fire resistant doors. enues to fund full reproductive health and ultimately join together to suggest Giggy Lloyd has courageously com- services for women. an appropriate representation for their mitted his life to protecting the people Clearly it is within the jurisdiction State. of Vermont, and he is the finest exam- of Congress to restrict Federal funds I know that there are a wide range of ple of Vermont ’s commitment to ex- for abortion services. That decision appealing options for my own State of cellence. Once again, I would like to was upheld in 1980 by the Supreme Rhode Island. Of course, there is the extend my best wishes on Giggy Court in the Harris versus McRea deci- founder of Rhode Island, Roger Wil- Lloyd’s retirement and congratulate sion. In that same ruling, however, the liams or Anne Hutchinson, who, like him on a job well done.∑ Court clearly asserted that decisions Roger Williams, dedicated her life to f on abortion services for poor women, the principles of religious freedom and financed with State funds, were within tolerance. There is the Anchor of Hope, ORDERS FOR THURSDAY, the authority of the States. which is our State motto and is shown NOVEMBER 13, 1997 Unfortunately for the people of the on our flag. Rhode Island is the Ocean Mr. COATS. Mr. President, I ask District of Columbia the Court has pro- State, so a seascape would be interest- unanimous consent that when the Sen- vided no such protection. The people of ing proposal, as would be a lighthouse ate completes its business today it this city, therefore, cannot make deci- or a gull. stand in adjournment until the hour of sions regarding the use of locally As the coins are minted, I hope that 10 a.m. on Thursday, November 13. I raised revenue, for abortion services or school children as well as adults will further ask unanimous consent that on any other purpose. collect these coins, and, in doing so, Thursday, immediately following the The result is that the District is used will become curious about the places opening prayer, the routine requests as a guinea pig for Congress’ social ex- these coins represent. This modest pro- through the morning hour be granted periments. In this instance, opponents posal could lead to a greater interest in and that the Senate proceed to a period of full access to reproductive health geography and history. of morning business not to extend be- services, including abortion, for poor The final design for each State will yond the hour of 11 a.m., with Senators women are furthering their agenda at be selected by the Secretary of the permitted to speak for up to 10 minutes the expense of democracy. Treasury in consultation with the ap- each. Again, I would have liked to have propriate Governor, the Commission on The PRESIDING OFFICER. Without these matters resolved before the vote, Fine Arts, and the Citizens Commemo- objection, it is so ordered. however, I am hopeful that we can rec- rative Coin Advisory Committee. Each f tify them in the next session.∑ State will nominate a design to the f Secretary. PROGRAM Last year, legislation was enacted Mr. COATS. Mr. President, for the THE 50-STATE CIRCULATING benefit of our colleagues, tomorrow the QUARTER which instructed the Secretary of the Treasury to study the feasibility of a Senate will be in a period of morning ∑ Mr. CHAFEE. Mr. President, the Sen- circulating commemorative coin. That business from 10 a.m. until 11 a.m. It is ate has approved unanimously a bill I study found that there is considerable hoped that during tomorrow’s session introduced with Senator D’AMATO public interest in the circulating com- of the Senate, the Senate will be able which will permit each State to design memorative quarter and that collect- to complete its business for the first the back of the circulating quarter dol- ing such coins would produce signifi- session of the 105th Congress. lar. I would like to express my grati- cant earnings. The bill that the Senate As Members are aware, the Senate is tude to Senator D’AMATO for his work approved today will implement this awaiting House completion of the ap- to ensure passage of this proposal be- program. Identical legislation has been propriations process. As previously an- fore adjournment and to the long list approved by the House, and I urge the nounced, Members will be notified as of colleagues who cosponsored this bill. President to sign it into law when it to if or when rollcall votes will be nec- As we all know, the circulating quar- reaches his desk.∑ essary during Thursday’s session. If ters in use today are Washington/Eagle f votes are necessary, they will be sched- quarters. They have a bust of George uled within a 4-hour time span. Washington on the ‘‘head’’ side and an TRIBUTE TO GERALD T. LLOYD In addition, Members are reminded eagle on the ‘‘tail’’ side. Under this leg- ∑ Mr. JEFFORDS. Mr. President, I rise that there are a number of legislative islation, beginning in 1999, the mint today to pay tribute to a good friend and executive items that may be will strike only statehood quarters and great Vermonter, Gerald T. cleared prior to Senate adjournment, until all 50 States are represented. ‘‘Giggy’’ Lloyd. After 40 years of dedi- therefore, Members’ cooperation is Only the design on the back of quarters cated service as fire chief for Rutland, greatly appreciated in conjunction will change. There will be no changes VT, Giggy retired this summer. with that process. whatsoever to the size, weight, or other Giggy’s memorable career has been f specifications of quarters. This uni- spent protecting the people of Vermont formity is necessary to ensure that against fires. However, his concern ADJOURNMENT UNTIL 10 A.M. these new quarters will continue to about safety extends beyond the people TOMORROW work in vending machines, telephones, he protects. He is also concerned about Mr. COATS. Mr. President, if there is parking meters, and for other similar the safety of the people in his depart- no further business to come before the transactions. ment. After 13 years as fire chief, Senate, I now ask unanimous consent This program will operate for 10 Giggy has accomplished many remark- that the Senate stand in adjournment years, with the mint producing five dif- able tasks. When he first became fire under the previous order. ferent statehood coins per year. The chief in 1985, his first concern was for Thereupon, the Senate, at 2:36 p.m., order in which States will be rep- the members of his department. He set adjourned until Thursday, November resented is based on the order in which out to improve their equipment and 13, 1997, at 10 a.m. November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2323 EXTENSIONS OF REMARKS

FIRST QUARTERLY REPORT BY that life has not changed after reversion. The able local poll showed 78 percent of Hong THE UNITED STATES HOUSE press and media continue to be open, free, Kongers were satisfied with Tung. That num- TASK FORCE ON THE HONG and full of criticism and analysis of both the ber rose to 82 percent in early September. KONG TRANSITION Hong Kong and Beijing governments. Journal- Even among survey respondents who said ists, while wary and suspicious about China's they would vote for pro-democracy parties, 80 HON. DOUG BEREUTER long-term intentions, continue to cover the percent indicated they were satisfied with the news much as they did before July 1, 1997. chief executive, rivaling prominent pro-democ- OF NEBRASKA For example, the recent Chinese Communist racy advocate Martin Lee's 82 percent rating. IN THE HOUSE OF REPRESENTATIVES Party Congress drew extensive commentary. LOCAL AUTONOMY RESPECTED Wednesday, November 12, 1997 Journalists displayed no hesitancy in voicing The central Chinese Government appears to views not welcome in Beijing. Nonetheless, Mr. BEREUTER. Mr. Speaker, in response be taking seriously President Jiang Zemin's the self-censorship that began to creep into to your directions, I have prepared the follow- pledge at the handover that no mainland gov- coverage in some papers prior to reversion ing report, the first in a series of quarterly re- ernment officials ``may or will be allowed to has continued. ports by the U.S. House Task Force on the interfere'' in the affairs which Hong Kong DemonstrationsÐby pro-democracy and should administer on its own. Premier Li Peng Hong Kong Transition on the status of Hong pro-Beijing groups and a myriad of local orga- Kong following its return to the People's Re- reiterated that pledge and gave a strong vote nizationsÐcontinue without interference or re- of confidence to Tung in mid-September while public of China. It was completed, effective striction. More than 150 demonstrations have October 1, 1997. hosting the IMF and World Bank meetings in taken place since the July 1 turnover. Indeed, Hong Kong. Far from being heavy-handed or Also at your request, I have formed the in an upturn in the number of demonstrations, insensitive, Bejing appears to have absented House Task Force on Hong Kong's Transition a gauntlet of demonstrators regularly greets itself from active involvement in Hong Kong af- to observe and report on Hong Kong's status Hong Kong Chief Executive C.H. Tung when fairs since the handover. Again and again, following its reversion to China. In addition to he arrives for weekly executive council ses- China has gone out of its way to project a be- myself as chairman, the task force will be sions. However, in a typical Hong Kong twist, nign ``smiling face'' image on Hong Kong-relat- bipartisanly balanced and will include Rep- Tung invariably trades handshakes and smiles ed matters. resentative HOWARD BERMAN, D±CA; Rep- with his critics, who line up behind the waist- LOW-KEY APPROACH resentative SHERROD BROWN, D±OH; Rep- high barricades flanking the entry to Central After installing the urbane Ma Yuzhen as resentative ENI FALEOMAVAEGA, D±AS; Rep- Government Offices as he walks past. head of the Ministry of Foreign Affairs [MFA] resentative ALCEE HASTINGS, D±FL; Rep- NGO's, including those harshly critical of office in Hong Kong, and the low-key diplomat resentative JAY KIM, R±CA; Representative China, continue to operate freely. Han Jiang Enzhu to replace the always pugnacious DONALD MANZULLO, R±IL; and Representative Dongfan, exiled PRC dissident and leader of Zhou Nan at the Xinhua News Agency, the de MATT SALMON, R±AZ. As you requested, the workers' groups during the 1989 Tiananmen facto MFA representative in Hong Kong prior task force expects to travel to Hong Kong, demonstrations, reports no problems continu- Beijing, and other relevant destinations at to reversion, China has stood back and re- ing his work in Hong Kong thus far. Comment- fused to become embroiled in local issues. least every 6 months for the foreseeable fu- ing in a local newspaper, Han said it was too ture to examine how reversion has affected Xinhua, once a source of constant criticism early to tell what Beijing would eventually do, and commentary on Hong Kong Government Hong Kong. The first such visit is expected to but ``as far as I can see with all the dem- take place after the adjournment of the 1997 policy, has fallen silent. MFA head Ma Yuzhen onstrations by Democrats and othersÐthere is has deferred to the Hong Kong Government session but before the end of the calendar hope for democracy here.'' Han continues to year.***HD***Concerns Prior to Reversion on virtually all matters. His contacts with Hong broadcast regularly from Hong Kong via Radio Kong Government officials have reportedly Prior to Hong Kong's July 1, 1997, reversion Free Asia on one of its most popular pro- to Chinese sovereignty, many observers ex- been strictly limited to protocol matters. grams, ``The Labor Corner.'' Amnesty Inter- If China is attempting to influence certain is- pressed skepticism over Beijing's assurances national, Human Rights Watch and Human sues, it is doing so in a manner that is not that it would allow Hong Kong full autonomy in Rights in China representatives in Hong Kong public. Political debates China has avoided matters other than foreign policy and defense. are encouraged by the continued demonstra- commenting on or attempting to influence pub- Skeptics questioned whether Beijing could re- tions and absence of any Hong Kong Govern- licly include: sist the temptation to meddle in matters relat- ment moves to restrict their operations. Mean- The plight of illegal immigrant children with ed to freedom of expression, for example. while, democrats say that the threat to Hong the right of abode in Hong Kong. China has They were also concerned about indications Kong would come from a very slow erosion of allowed the Hong Kong courts and govern- that the Beijing-sponsored provisional legisla- the rule of law, not a sudden crackdown on ment to interpret the Basic Law's provision of ture would roll back forward-looking measures civil liberties or freedom of speech. the right of abode in Hong Kong to certain taken by the last colonial Legislative Council Concern arose in mid-September, however, Chinese nationals. Citing administrative effi- [LEGCO] and that the new provisional council when both the Chinese and the Hong Kong ciency and preventing overcrowding in would institute election rules less representa- governments objected to the credentialing of schools, Hong Kong will not allow unrestricted tive than those put into place by Governor two human rights groups to the recent IMF/ entry of PRC nationals who received the right Patten in 1995. Businessmen wondered World Bank meeting in Hong Kong. Since to live in Hong Kong when the Basic Law whether China could refrain from meddling in human rights is in the lending guidelines of comes into force on July 1. Hong Kong's affairs, either intentionally or oth- these financial institutions, participation by the Displaying the ``Republic of China'' Taiwan erwise. Maintaining the rule of law and resist- human rights groups was appropriate. The ob- flag in Hong Kong. Ma Yuzhen, when pressed ing the lure of corruption, so common in jections of the Hong Kong government are by a reporter, said the issue would be for China, were key commercial concerns. On the troubling. Ten Members of Congress, led by Hong Kong to decide. security side, skeptics questioned Hong Congressman BERMAN, wrote to Secretary of Hong Kong Government spending. Hong Kong's continued ability to maintain effective the Treasury, Robert Rubin, to express their Kong pledged one billion United States dollars export controls. The future of U.S. ship visits concern. to the IMF Thailand bail-out and committed was also in doubt. APPROVAL RATINGS HIGH over seven billion United States dollars to a IN GENERAL: SO FAR, SO GOOD Reflecting locals' belief that life goes on as railway construction project. Chinese scrutiny While Hong Kong has been under Chinese usual, Tung's approval ratings have continued of government spending under the British was sovereignty for only 3 months, public con- to climb since mid-June, when only 57 percent intense, usually hostile, and raised fears that fidence is high. Hong Kongers are close to of Hong Kongers reported they were satisfied China would not stay out of Hong Kong's af- unanimous in expressing relief and pleasure with his performance. By early August, a reli- fairs after reversion. The IMF pledge and the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E2324 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 rail project are early indications that China Assessments of the recent regional currency agreements on Hong Kong, are controversial does not always act like a ``control freak''Ð turmoil on Hong Kong suggest modest because they dismantle key portions of the one of Governor Patten's favorite descrip- nearterm costs. One observable increased electoral reforms put into place by Governor tionsÐand will honor the pledge to respect cost was the rise by 30 to 50 basis points Patten in 1995. The proposals maintain the Hong Kong's autonomy. It should be noted, above regular levels of 20 points in Hong original formula of 20 Legco members to be however, that China also pledged one billion Kong's interest rate risk premium. Long-term directly elected by popular vote, 30 to be United States dollars to Thailand and therefore concerns include potential shifts in trade and elected by ``functional constituencies''Ðiniti- would not likely be opposed to Hong Kong's investment as Hong Kong's goods/services ated by the British in 1985Ðand 10 to be cho- assistance. become relatively dearer. This is also true of sen by a special Election Committee. How- SINO-U.S. COOPERATION Hong Kong's important re-export trade to/from ever, the proposals would shrink the ``func- In one of the most notable examples of Chi- China. Analysts say currency problems might tional constituent'' electorate from approxi- na's smiling face approach to Hong Kong, shave just one-tenth to one-half a point off mately 2.7 million voters under the 1995 Brit- China outdid itself both in making arrange- gross domestic product growth next year, ish electoral reforms to as low as approxi- ments for the first visit of a U.S. naval ship to while a greater concern might be reduced mately 180,000, according to some estimates. Hong Kong after the handover and in project- commitment from China to reforming its finan- For the 20 directly elected seats, the propos- ing an image of friendliness when the U.S.S. cial system. als would also scrap the United States-style Blue Ridge and Seventh Fleet Commander Despite regional currency turbulence and ``winner-take-all'' style system introduced by Natter were in town. Subsequent visits by stock market volatility, monetary figures show the British in 1995 and substitute a European- other ships, including nuclear powered ships, no signs of capital flight or panic. Total depos- style ``proportional representation'' system. were equally successful. No effort was spared its in all institutions in July 1997 stood at 343 Critics fear that the new arrangements will di- to demonstrate China welcomed ship visits as billion U.S. dollars, up 15.9 percent from a lute the political power of the Hong Kong's much as British forces did. Appearing con- year earlier, with Hong Kong dollar deposits Democratic Party and favor pro-China can- didates and that seems likely to be the case. scious that their presence raises the anxiety exceeding foreign currency deposits 59.6 to Aware of this criticism, C.H. Tung, during his level in Hong Kong, the PLA garrison has 40.4 percent, respectively. The Hong Kong September visit to the United States, outlined stayed out of sightÐand even reduced its dollar, pegged to the United States dollar, has his plans over the next decade gradually to numbersÐexcept for carefully scripted appear- been steady at around 7.74 Hong Kong dol- ances by smiling senior officers. expand to 50 percent the number of directly lars per United States dollar and the Hong elected Legco seatsÐnow one-thirdÐand to BUSINESS AS USUAL Kong Monetary Authority is confident it can ef- Reflecting business confidence that Hong expand the size of the committee which will fectively defend the peg. select a new chief executive. Kong's economy will continue to prosper after The fact that things remain relatively stable reversion, Hong Kong's first and second quar- despite regional turbulence does not guaran- b. Export controls ter 1997 real gross domestic product growth tee that there will not be continued rough Another area of concern is Hong Kong's reached 6.0 percent and 6.1 percent, respec- going ahead, particularly if the currency situa- ability to maintain its high regulatory and mon- tively, thus out-pacing analysts' forecasts for tion in Southeast Asia remains volatile. The itoring standards in controlling the transfer of the year of 5.5 percent. This compares to real continued overinflated value of Hong Kong sensitive technologies. Currently, United gross domestic product growth figures for real estate could also contribute to currency States export control policy toward Hong Kong 1996 and 1995 of 4.7 and 4.8 percent, respec- instability. A certain amount of volatility, of is less restrictive than that applied to China, tively. The Hong Kong Government attributes course, is a part of any mature economy. This based on Hong Kong's past demonstration the first half improvement to a revival of do- should not affect Hong Kong's democratic that its export control policies were sufficiently mestic demand, reflected in buoyant stock and process. effective. This policy is based on the Hong property markets, modest improvement in ex- Signs so far indicate that America's sub- Kong Policy Act, which calls for continued ports, especially services, and increased in- stantial commercial interests in Hong Kong are separate treatment of Hong Kong in export vestment, some of it related to construction of benefiting from Hong Kong's continued post- controls as long as it is able to protect United the new Chek Lap Kok Airport. The inflation reversion prosperity. U.S. companies have 16 States technology and equipment. Of course, picture has also somewhat improved in 1997. billion U.S. dollars in direct investment and bil- monitoring Hong Kong's continued autonomy Consumer price increases declined from 6.0 lions more in portfolio investments. The United in this field is critical to assessing the risk to percent in 1996 to 5.9 percent in the first half States exports to Hong Kong totaled 14 billion United States nonproliferation interests. The of 1997. Unemployment dropped from 3.2 per- United States dollars in 1996 and 7.5 billion General Accounting Office points out that key cent in 1995 to 2.8 percent in 1996 and re- United States dollars in the first half of 1997. indicators to watch will include changes in the cently stood at just 2.4 percent, May±July U.S. Department of Commerce figures showed composition and volume of United States ex- ports of controlled items to Hong Kong, which 1997, largely due to recovery in the retail sec- an estimated 4.1 billion U.S. dollar U.S. trade could signal efforts by China to obtain sen- tor. surplus with Hong Kong in 1996. The first sitive technology such as the optical sensors Hong Kong's normally strong financial mar- quarter 1997 U.S. surplus reached 1.4 U.S. that it has previously been denied. Hong Kong kets weathered recent currency and stock tur- dollars. The American Chamber of Com- officials maintain that China's desire to see moil during this period but demonstrated they merce's recent Annual Business Confidence Hong Kong continue to succeed economically are not immune from shocks. While the Hong Survey showed confidence in Hong Kong's fu- will restrain such activity. To date, United Kong dollar remains strong, in late July, the ture up and highÐ95 percentÐthough tem- States officials report no change in the per- government felt compelled to vigorously de- pered by concerns about prospects for the formance of Hong Kong customs officials in fend a brief attack on its dollar by expending rule of law, the free flow of information and both pre- and post-license checks. 1.0 billion United States dollars of its reserves corruption. Specifically, many businessmen, and jacking up interest rates. Some believe both foreign and local, fear that as the main- c. Customs the real target was not the dollar, but an at- land's influence in Hong Kong increases, so Hong Kong cooperation in customs enforce- tempt to influence the Hong Kong stock mar- will the corruption which has become endemic ment is another issue that bears watching. In- ket. Hovering around 14,500 in mid-Septem- in many parts of China. creased instances of textile transhipment ber, the stock market was volatile in recent CONCERNS REMAIN through Hong Kong led United States Cus- months, scoring a record high in August of toms to impose special administrative restric- a. Election law 16,802, while registering record turnover. The tions on textiles from Hong Kong in June sell-off of Hong Kong shares is partly attrib- Despite indications that China is refraining 1996. This ``wake up call'' pressured the Hong uted to meeting cash margin calls in other from interfering in Hong Kong affairs, a num- Kong customs authorities to crack-down on markets such as those in Thailand and the ber of serious concerns remain. One primary transhipments and institute new procedures. Philippines. Another major contributor, how- concern is proposed changes to electoral By June 1997, Hong Kong had made enough ever, was a feeling that the prices of China-re- laws. On July 8, the government of the Hong progress to persuade United States Customs lated shares were badly inflated. Most applaud Kong Special Administrative Region released to lift their special administrative restrictions. Hong Kong's one billion United States dollar proposals, prepared by the Beijing-appointed Observers see no change to date between commitment and its leadership in the Thai re- Preparatory Committee, for new electoral ar- pre- and post-reversion performance on the covery program, citing the need to help neigh- rangements to govern the spring 1998 elec- part on Hong Kong customs authorities. bors while simultaneously strengthening its tions which, while adhering to the major elec- Mr. Speaker, in conclusion, Hong Kong has own defenses. toral requirements set forward in Sino-British been under China's sovereignty for only 3 November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2325 months. It is too early to judge the reversion. example, eye color and blood type are de- findings that genes that look similar act Nonetheless, indications to date are hopeful. fined by genes. Similarly, our sexual charac- similarly, have led to the use of experi- Civil liberties continue largely unaffected. The teristics, whether we are boys or girls, as mental organisms as models for human biol- David Page put it in an earlier Caucus, are ogy and human disease. economy continues to thrive. U.S. ship visits determined by our genes. Variations in other continue with little change and are indeed, IV. ORGANISMS genes result in variations in other traits: for If all organisms have similar genes, how do welcomed with open arms. However, we con- example, dwarfism, deafness and color blind- tinue to be concerned about the potential over scientists decide which organisms to study? ness can be caused by variations in genes. The short answer is that different organisms time for the constriction of democracy, media Variations in still other genes results in have different experimental advantages and self-censorship and the loss of hard-won variations in our traits that we label ‘‘dis- that by studying a variety of organisms bi- rights. Chinese and Hong Kong authorities are ease’’: Huntington’s Disease is caused by one ologists obtain different types of data that acutely aware that the eyes of the world con- such gene; variations in other genes cause or together help us understand what genes do. predispose one to cancer, cardiovascular dis- tinue to scrutinize their post-reversion actions. To provide some concrete examples of how orders, asthma, cystic fibrosis, premature studies of these simple organisms are help- That continued scrutiny is well warranted and aging, Alzheimer’s Disease, bone loss, and will help ensure that all concerned continue to ing us to understand as well to prevent and many, many other diseases. cure human disease, Phil Hieter and I will value and maintain Hong Kong's autonomy. So, genes are important to us, and crucial now talk about work involving ‘‘our’’ orga- to our health. How can we learn about our f nisms, the brewer’s yeast and the genes, what they do, and how they some- roundworm. The next slide summarizes my CONGRESSIONAL BIOMEDICAL times go wrong? One approach is to study perspective on using roundworms to study our genes—human genes—directly. Biolo- RESEARCH CAUCUS human disease, given what we know about gists do this. (I do this.) But the study of human genes and worm genes: ‘‘Worms are human genes is in many ways very slow and little people in disguise.’’ So let me start HON. GEORGE W. GEKAS inefficient. Furthermore, some types of ge- with the neurodegenerative disorders, such OF PENNSYLVANIA netic studies are simply impossible to do as Alzheimer’s Disease, and on cancer. IN THE HOUSE OF REPRESENTATIVES with people. For example, the classic method of genetics is to cross individuals with dif- V. ALZHEIMER’S DISEASE AND THE PRESENILINS Wednesday, November 12, 1997 ferent gene variants (called mutation); this First, let’s talk about Alzheimer’s Disease. Mr. GEKAS. Mr. Speaker, on September 10, we cannot do with people. Some, but not all, cases of Alzheimer’s Dis- the Congressional Biomedical Research Cau- III. UNIVERSALITY ease are clearly genetic, i.e. pass from parent to child. Most genetic or ‘‘familial’’ AD is Fortunately, biology has provided us with cus conducted its 57th briefing on the subject caused by changes in a single gene, known as an approach that is feasible: genes are strik- of the ``University of Genes: The Bits of DNA PS–1, for ‘‘Presenilin gene number one.’’ In ingly conserved among organisms, so we can That Make Us What We Are.'' Dr. H. Robert 1995 this gene was isolated biochemically. study genes in experimental organisms and Horvitz, Howard Hughes Medical Institute in- What does it do? How can we find out? Sim- in this way learn what genes do in us. Let me ply having access to a gene is not enough to vestigator and professor of biology at MIT, and show you an example from my own research. tell us what it does unless it is sufficiently Dr. Philip Heiter, professor of medical genetics I study two organisms, human beings and the similar to a gene we already know about. of the University of British Columbia, Van- nematode roundworm known as C. elegans. PS–1 is similar to four other known genes. couver, spoke about the similarity of genes My focus in humans is on Lou Gehrig’s Dis- One, called PS–2, is a second Alzheimer’s ease, or ALS, the devastating disease that across species and how this discovery assists gene isolated in 1995. The other three are all killed Lou Gehrig, Jacob Javlts, David in biomedical research. in the roundworm C. elegans. How similar are Niven, and many others. Four years ago, I was particularly pleased to have Dr. these worm genes to the human genes? In with a team of collaborators, we found a Horvitz participate because as a member of one experiment, researchers at Columbia gene responsible for ALS, a gene known as University in NYC showed that the human the Joint Steering CommitteeÐa coalition of SOD1. SOD1 in humans is strikingly similar PS–1 gene could work in the worm, sub- five basic biomedical research societies: the to SOD1 in my worm, as can be seen by the stituting for one of the worm genes it looked American Society for Cell Biology, the Amer- large number of boxed identities in the se- like. This finding says that the human AD ican Society for Biochemistry and Molecular quence of the protein products of these gene and the worm gene are functionally genes. Such similarity is seen in SOD1 in Biology, the Biophysical Society, the Genetic interchangeable. They are very similar. many organisms: the gene in spinach is es- Society of America, and the Association of Thus, figuring out what the worm gene does sentially the same as well. To understand AnatomistsÐhe has played a significant role should give us a very strong clue about what what SOD1 does, and how it goes wrong in in supporting the caucus briefings. the human gene does. Studying this worm ALS, one can study the gene in whatever or- gene is now a important effort in both aca- Congressman JOSEPH KENNEDY of Massa- ganism is best suited for a particular line of demia and the biotech industry. chusetts introduced Dr. Horvitz and was joined inquiry, and SOD1 is now being studied in in attendance by myself, Congressman STEVE worms, in brewer’s yeast, in fruit flies and in VI. CANCER AND THE RAS PATHWAY HORN, Congressman JOEL HEFLEY, and Con- mice in attempts to understand how it Let me turn now to cancer. Cancer, like fa- gressman TOM PETRI, as well as a room full of causes ALS in humans. Let me generalize milial AD, is caused by variants in genes. senior health staff. from this example and show you more broad- The first human cancer gene was identified I believe our colleagues will find Dr. ly the degree to which genes are conserved in 1981. This gene was called Ras. Biomedical Horvitz's remarks useful. among organisms. researchers actively analyzed Ras and des- The next slide is from an article written by perately wanted to know what it does and, in ALL CREATURES GREAT AND SMALL: THE Phil Hieter, our next speaker. This table particular, wanted to know the pathway UNIVERSALITY OF GENES shows a list of 84 human genetic diseases, through which Ras acts. This concept of I. INTRODUCTION from A to Z (really from A to W: achon- pathway is key for the development of phar- droplasia or dwarfism is No. 2 on the list, maceuticals: if you can block the action of a First, I would like to thank the organizers while Wornor syndrome, which results in disease gene, either directly or indirectly, of this Caucus for inviting Phil Heiter and premature aging, is 4 from the bottom). The i.e. either by acting directly on that gene or me to talk with you today. The title of this columns show matches (in color) with genes by acting later in the gene pathway through Caucus is ‘‘All Creatures Great and Small: found in those organisms commonly used for which that gene acts, you should be able to The Universality of Genes.’’ What we are laboratory studies of genetics: the mouse, prevent the disease. going to discuss today is one of the most the fruit fly, the nematode roundworm, What is the Ras genetic pathway? The an- striking discoveries in the history of bio- brewer’s yeast, and the intestinal bacterium swer emerged not from studies of human Ras medical research: genes—the bits of DNA E. coli. What you can see is that almost all of but from very basic and apparently unre- that make us what we are—genes are so re- these human genes have a counterparts in lated studies of animal development, in par- markably similar among different organisms the mouse, that many do in the fruit fly and ticular studies of the development of a sex- that we can study what they do in a micro- worm, and that quite a few do in the yeast ual organ of the roundworm and of the eye of scopic worm or in a yeast that is used to and bacterium. This table underestimates the fruit fly. It turned out that a gene that make beer to learn how they work in us. the degree of similarity with mice, fruit flies controlled worm sexual development as well II. GENES and roundworms, since many genes remain as a gene that controlled fly eye develop- Let me start with a few introductory re- to be characterized in these organisms and ment were both strikingly similar to human marks about genes. Genes define hereditary some will no doubt provide additional Ras. The levels of identity were approxi- traits. Each gene can exist in different matches. It is now clear that almost every mately 80 percent. Furthermore, at the time forms, and such variations in the forms of human gene has a mouse counterpart, that it was discovered that a Ras-like gene was genes result in variations in traits. Some the majority have fly and worm counterparts involved there had been very extensive stud- such variations we consider simply to be and that many have yeast counterparts. ies of these processes; as a consequence with- what make us different from one another: for These kinds of observations, coupled with in a few years detailed gene pathways were E2326 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 completed. Together these studies, which death in the worm is not a killer gene but House Floor in the form of a simple exten- were done in my laboratory at MIT, at rather a protector gene—it protects cells sion through September 1, 1998 without any CalTech, and at Berkeley, revealed the path- from dying by PCD. If a gene like this is too substantive change to the antitrust provi- way of action of Ras. Now cancer biologists active, too many cells would survive, and sions. I also acknowledge that your action in and drug companies alike are using this cancer would result. In fact, there is a allowing this legislation to go forward does knowledge of the Ras pathway both for fur- human cancer gene that is very similar to not affect any future rights of the Commit- ther studies of how Ras causes cancer in peo- this worm protector gene, so similar that the tee on the Judiciary. Consistent with the Ju- ple and for the development of drugs, drugs human gene can work in worms to protect diciary Committee’s jurisdiction over anti- that can block the various steps in the Ras against worm cell death and to substitute for trust issues under Rule X and with the Com- pathway. the worm gene. Given such protector genes, merce Committee’s jurisdiction over energy VII. PROGRAMMED CELL DEATH, how might one prevent? Again, this is pre- issues under Rule X, I would be pleased to NEURODEGENERATIVE DISEASE AND CANCER cisely the approach that is now being taken work with you to develop legislation which The third example I’ll offer from worms re- in the pharmaceutical industry, and there is ensures an effective national energy security lates both the cancer and to great nope that by learning to control such policy. neurodegenerative diseases, which include protector genes it will be possible to control In keeping with your request, I will place AD. This example again is one in which stud- certain cancers. your letter and this response in the record of ies of a basic biological phenomenon in the VIII. CONCLUSIONS the debate on H.R. 2472. roundworm have had a major impact on our Let me conclude very briefly by summariz- Sincerely, understanding of and approach to human dis- ing what I’ve said. First, a gene is a gene is TOM BLILEY, ease. The biology in this case involves a phe- a gene. Genes in humans are fundamentally Chairman. nomenon called ‘‘programmed cell death.’’ no different from genes in other organisms For many years, biologists assumed that and are so similar in many ceases that a HOUSE OF REPRESENTATIVES, cells died because they were unhappy, i.e. be- human gene can be put into another orga- COMMITTEE ON THE JUDICIARY, cause somehow they had been injured. How- nism and work just fine. Second, genes are Washington, DC, November 8, 1997. ever, a variety of studies revealed that many much easier to analyze in experimental orga- Hon. TOM BLILEY, cells die during the normal course of devel- nisms than in people. In few years, the Chairman, Committee on Commerce, U.S. House opment. For example, as our brains form, as Human Genome Project, sponsored by the of Representatives, Washington, DC. many as 85 percent of the nerve cells made at NIH, will tell us what all of our genes look DEAR TOM: I understand that today or to- certain times and certain parts of our brains like. But what do they do? To find out, we morrow you intend to move to suspend the die. Such death is a natural phenomenon and must study experimentally tractable orga- rules and concur in the Senate amendment for this reason is often referred to as ‘‘Pro- nisms. Third, time and time again truly grammed Cell Death.’’ basic studies of genes in experimental orga- to H.R. 2472 with an amendment. Given that cell death is a natural aspect of nisms have proved directly relevant to The version of H.R. 2472 you plan to bring development, some years ago my colleagues human diseases and disease genes, once we up would extend through September 1, 1998 and I reasoned that like other aspects of de- knew what those human genes looked like. certain provisions of the Energy Policy and velopment, PCD should be controlled by An investment in such basic studies is an ef- conservation Act, 42 U.S.C. § 6201 et seq. genes. We sought such defined a 15-gene ge- fective investment indeed, as it means that Under Rule X, the Committee on the Judici- netic pathway that controls programmed knowledge will proceed at an enormous pace ary has jurisdiction over provisions of the cell death In the worm. It now appears that once a human disease gene is identified. Fi- Act: the antitrust defense provided in Sec- a least some of these gene correspond to nally, knowledge of what the counterparts of tion 252, 42 U.S.C. § 6272, the participation of human genes that caused disease. For exam- human disease genes do in an experimental the antitrust enforcement agencies in activi- ple, we talked earlier about organism can be directly used both in the ties under that section, and any amendment, neurodegenerative diseases, such as AD, understanding of what that gene does in peo- extension, or expansion of these provisions Huntington’s Disease, Lou Gehrlg’s Disease ple and also in the application of that knowl- or any other antitrust immunity provided in and Parkinson’s Disease. Many researchers edge to the development of a treatment of the Act. believe that these diseases, which are char- cure. I thank you for your time. Because of the urgency of passing this im- acterized by the death of nerve cells, are dis- portant national security legislation, I am eases in which the normal process of PCD f willing to waive this Committee’s right to a sequential referral of H.R. 2472. I will allow has gone amok. Specifically, the normal EXTENDING CERTAIN PROGRAMS pathway that causes cells to die by PCD dur- this legislation to go forward so long as it re- ing development for some reason may be un- UNDER THE ENERGY POLICY mains a simple extension through September leashed in nerve cells that are not meant to AND CONSERVATION ACT 1, 1998 without any substantive change to the die. existing antitrust defense or the participa- How might we stop such deaths? By block- SPEECH OF tion of the antitrust agencies. However, my ing the killer genes responsible! And what HON. HENRY J. HYDE doing so does not constitute any waiver of are the killer genes? We have ID’d two such the Committee’s jurisdiction over these pro- OF ILLINOIS genes in the worm, genes we call CED–3 and visions and does not prejudice its rights in CED–4, for ‘‘cell-death abnormal.’’ Given IN THE HOUSE OF REPRESENTATIVES any future legislation relating to these pro- these worm genes, others have gone on to Sunday, November 9, 1997 visions or any other antitrust immunity pro- find similar genes in humans that also act to Mr. HYDE. Mr. Speaker, I ask that this ex- vided in the Act. I will, of course, insist that cause cell death. These genes have now be- Members of this Committee be named as come major drug targets: many companies in change of letters between me and Chairman conferees on these provisions or any other the pharmaceutical industry are attempting BLILEY be placed in the RECORD following de- antitrust immunity provided in the Act to block the action of these killer genes, bate on H.R. 2472. should the bill go to conference. with the goal of preventing such HOUSE OF REPRESENTATIVES, If the foregoing meets with your under- neurodengenerative diseases. COMMITTEE ON COMMERCE, standing of the matter, I would appreciate It turns out the genetic pathway for PCD Washington, DC, November 8, 1997. your placing this letter and your response in we have defined is relevant not only to Hon. HENRY J. HYDE, the record during the debate on H.R. 2472. neurodegenerative disease but also to can- Chairman, Committee on the Judiciary, U.S. Thank you for your cooperation in this mat- cer. House of Representatives, Washington, DC. ter. Let me explain. What is cancer? In brief, DEAR HENRY: Thank you for your letter re- Sincerely, cancer reflects an uncontrolled increase in garding H.R. 2472, a bill to extend provisions HENRY J. HYDE, cell number. How can you get such an in- of the Energy Policy and Conservation Act Chairman. crease? One way is to make too many cells. (EPCA) through September 1, 1998. This is precisely what happens when the Ras EPCA is one of the legislative cornerstones f gene, which we just discussed, is mutated. of our national energy security policy. INSTITUTE FOR COMMUNITY However, it turns out there is another way Among other things, it authorizes the oper- to make too many cells. The number of cells ation and maintenance of the Strategic Pe- LIVING in our bodies is really an equilibrium num- troleum Reserve and provides limited immu- ber. Cells are always being added to our bod- nity to American oil companies to partici- HON. NYDIA M. VELA´ ZQUEZ ies, by the process of cell division, but cells pate in activities pursuant to the Inter- OF NEW YORK are also always being taken away, by the national Energy Agreement. In light of cur- process of programmed cell death. So, we can rent actions in the Middle East and the im- IN THE HOUSE OF REPRESENTATIVES generate too many cells—as in cancer—not portant activities authorized by this Act, Wednesday, November 12, 1997 only by too much cell division but also by prompt passage of this EPCA extension is  too little cell loss. necessary. Mr. VELAZQUEZ. Mr. Speaker, I rise today How can we bet too little cell loss? One of I appreciate your interest in H.R. 2472 and to pay tribute to the marvelous work of the In- the genes we identified as controlling cell I acknowledge that I will bring it to the stitute for Community Living, on the occasion November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2327 of its 11th anniversary. For over a decade, the constituents in my district, I may have been is key to opening our Federal courts to cam- Institute for Community Living has helped peo- unable to cast votes today on measures be- eras in order to educate the public and in- ple with mental and developmental disabilities fore the House of Representatives. I would crease understanding of our Federal judicial to function successfully in different living, like to take this opportunity to explain my sup- system. learning, working, and social environments. port for three key areas of public policy, which Allowing sunshine into our Federal court- Through its operation of housing, rehabilitation were likely voted on in my absence. rooms is one of the best ways to expand pub- and support services, it has helped improve H.R. 867, the Adoption Promotion Act.ÐI lic knowledge on how our Federal court sys- the quality of life for countless mentally and support this measure, as I believe it empha- tem operates. In recent years, there has been developmentally disabled adults at various sizes the need for foster children to be adopt- an increasing concern regarding our courts. stages of the rehabilitation process. ed by a permanent family. Also, the Adoption Changes of judicial activism are eroding con- ICL is a participating agency of the United Promotion Act requires States to expedite the fidence in the legitimacy and fairness of Fed- Way of Greater New York and a member process that governs the adoption of a foster eral court proceedings. If the public continues agency of the Association for Community Liv- child. The bill provides for increased stability to be kept in the dark about what occurs be- ing and the Coalition of Voluntary Mental for foster children and encourages a strong, hind the doors of Federal courtrooms, these Health providers. ICL has also been recog- healthy family structure. All foster children de- concerns and criticisms will surely mount. The nized nationally for its successÐits recent ac- serve the opportunity to be adopted to secure availability of televised courtroom proceedings colades include the Hospital and Community a sound future. will increase public confidence in our Federal Psychiatry Significant Achievement Award and H.R. 2709, the Iran Missile Proliferation system, as demonstrated already within State the National Center for Disability Services Ex- Sanctions Act.ÐCredible reports have drawn courts around the Nation. Decisions made in emplary Program Award. attention to the fact that Iran is pursuing pluto- Federal courts have the capability to affect The Institute for Community Living has suc- nium separation and gas centrifuge enrich- every citizens life. The public should have the ceeded in providing an array of secure, com- ment in its nuclear program. Iran has also opportunity to see and understand how these munity-based residential programs in which taken aggressive steps toward purchasing nu- cases unfold. mentally disabled people can pursue their own clear weapons-related material. Potentially, In 1997, the House of Representatives rehabilitation plan. By making it possible for this development poses an enormous threat to passed a House resolution to televise House these individuals to live a life of independence our Middle East allies and other peaceful floor proceedings and committee hearings to and dignity, ICL serves as a shining example countries around the world. Therefore, we the public to create a greater degree of ac- of service to the mentally and developmentally must take the appropriate steps to prevent countability of Members of Congress to their disabled community. I urge my colleagues to Iran from obtaining a nuclear missile capabil- constituents and to enable the public to obtain join me in commending the Institute for Com- ity. H.R. 2709, the Iran Missile Proliferation a greater appreciation for the work that occurs munity Living and in extending our best wish- Sanctions Act, goes a long way toward ac- on Capital Hill. C±SPAN coverage of the es for its continued success. complishing this objective. The legislation re- House allows citizens to watch and learn f quires the President to submit a report to Con- about the legislative branch for themselves, in- gress, within 30 days of enactment, identifying stead of relying solely on the media to inter- ON THE RETIREMENT OF FLOYD nations or entities about whom there is credi- pret for them what is happening in Washing- FLAKE ble information that they transferred missile ton, DC. goods or technology to Iran. Sanctions against I was elected to the House of Representa- HON. JERROLD NADLER entities involved in the attempt or transfer of tives for my ninth term last election by the citi- OF NEW YORK missile technology to Iran include denying zens of my district in New York, and I continue IN THE HOUSE OF REPRESENTATIVES arms exports licenses and eliminating all Unit- to be accountable to every one of my constitu- Wednesday, November 12, 1997 ed States assistance for 2 years. The bill also ents. Through C±SPAN coverage, they can see for themselves the issues I fight for and Mr. NADLER. Mr. Speaker, I rise today to expresses a sense of Congress that the Presi- against on their behalf. It is time to take this bid farewell to a very distinguished Member of dent should exercise existing authorities and idea of cameras for accountability and expand my State's delegation. FLOYD FLAKE has available funds to prevent the transfer of it into the judicial branch of the Federal Gov- served in the House with honor, with sincerity, weapons-related material and delivery sys- ernment. and with unwaivering commitment. He can tems to Iran. I believe the actions taken in this bill will check Iranian arms proliferation and I would also like to emphasize to everyone serve as a model to all of us in this body: for that H.R. 1280 does not in any way encroach over a decade, he has fulfilled a calling to enthuisastically support its passage. S. 1519, Extending the Intermodal Surface on the powers of even one Federal judge. public service, fighting the fights he believes Quite the contrary, it is a pure grant of discre- in, representing his constituents with passion Transportation Efficiency Act.ÐS. 1519, Ex- tending the Intermodal Surface Transportation tion, empowering the Federal judge to open or and nobility. close proceedings that today are closed re- In leaving this body, FLOYD FLAKE is leaving Efficiency Act [ISTEA], is an important piece of gardless of the judges desire and willingness this Nation richer for his service. The moral legislation. The measure provides $9.7 billion to open the proceeds to public view. The Sun- guidance he has given us and the example he in new transportation money to States, thus shine in Courtroom Act allows cameras in has set for us will echo through this Chamber continuing transportation funding to the States Federal courts only upon the approval of the in the coming years, resonating with its obliga- until Congress passes a regular, 6-year ISTEA presiding judge in each specific case. There tion to the people of this country after he has bill next year. Extending ISTEA for this tem- are certain cases that are too sensitive to gone. porary duration is important to ensure that allow full media coverage of its judicial pro- Now, our colleague is about to respond to California, as well as the other the States, ceedings, such as trials involving minors, or another calling. With the chance to devote his continues to provide for the transportation cases in which a witness or members of a jury full energies to the needs of his congregation, needs of its residents during this time. need to be kept confidential in order to protect he will continue his lifelong commitment to f them from harm. I do not want there to be any service and justice. And though he will be in SUNSHINE IN THE COURTS confusion on the fact that H.R. 1280 leaves a new setting, he will continue to be an inspi- judges total power to deny or limit television ration for us all. I can only say that it has been HON. CHARLES E. SCHUMER coverage of these types of cases. an honor serving with him, and I wish him all Mr. Speaker, my fellow Members of Con- the best. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES gress, the Sunshine in the Courtroom Act is f legislation that is long overdue. Opening up Wednesday, November 12, 1997 PERSONAL EXPLANATION our Federal courts will allow the public to see Mr. SCHUMER. Mr. Speaker. In April of this how our justice system really works and to HON. GEORGE P. RADANOVICH year, I along with my distinguished colleague gain a greater appreciation and trust in our HABOT OF CALIFORNIA from Ohio, Congressman C , introduced Federal courts. In the second session of Con- H.R. 1280, the Sunshine in the Courtroom Act. gress we need to make H.R. 1280 a priority IN THE HOUSE OF REPRESENTATIVES H.R. 1280 allows photographing, electronic re- by holding hearings on this issue and then, Wednesday, November 12, 1997 cording, broadcasting, and televising to the passing this legislation into law. We, as Mem- Mr. RADANOVICH. Mr. Speaker, as a result public of Federal court proceedings at the dis- bers of Congress, need to assert our dedica- of being detained while in the service of my cretion of the presiding judge. This legislation tion to keeping the Federal Government open E2328 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 and accessible to the public by letting sun- ices and increasing investment opportunities Even through the transition that Lancaster shine into our courtrooms. for undeserved communities through the Bank Labs has undergone over the past few years, f Enterprise Act and the Reform of the Commu- this family-begun business has not only kept nity Reinvestment Act. its emphasis on quality, but it once again has TRIBUTE TO REPRESENTATIVE Congressman FLAKE has done more than proved to be a successful company which val- FLOYD FLAKE OF THE SIXTH lecture and preach about the merits of self- ues the family. By believing that a company CONGRESSIONAL DISTRICT OF sufficiency and job creation. Through his can be committed to providing state-of-the-art NEW YORK church, he has created local jobs, affordable services, and still manage people in a way homes, schools and multiservice centers that that accommodates the hectic and activity- HON. EDDIE BERNICE JOHNSON provide health care. laden lives of working mothers and fathers, OF TEXAS Mr. Speaker, it has truly been a pleasure to Lancaster Labs has succeeded in keeping IN THE HOUSE OF REPRESENTATIVES serve with the Congressman from New York's their dedicated employees. Wednesday, November 12, 1997 Sixth Congressional District. It will be even Lancaster Labs has been measured against Ms. EDDIE BERNICE JOHNSON of Texas. more of a pleasure to hear and witness his standards of child care, flexibility, pay, oppor- Mr. Speaker, my departing words for a good continued work in helping his community. tunities to advance, and other family-friendly friend, Congressman FLOYD FLAKE are marked Along with the many other Members of this benefits. Although the company came out with good wishes and sadness. While Allen body, I would like to give Congressman FLAKE strong on each one of these, it is not because A.M.E. Church is gaining a great minister who my wishes of good luck and blessings. they attempted to meet some arbitrary yard- will work full-time for his congregation, the f stick, but because Lancaster Labs believes in creating a company that has fairness and fam- United States House of Representatives will HONORING IDA ECKHAUS be losing a man of conviction, compassion, ily at the core of its existence. With fair pay, and remarkable legislative skill. I will miss him, advancement for women, onsite child care, as will this body, not only as a lawmaker but HON. EDOLPHUS TOWNS and the promotion of adoption, Lancaster Labs as a valued friend. OF NEW YORK is an exemplary and prosperous part of our Congressman FLAKE has brought together IN THE HOUSE OF REPRESENTATIVES community. the spirituality of the church, the innovation of Wednesday, November 12, 1997 Mr. Speaker, I congratulate this exceptional the private sector, and the laws of the Govern- Mr. TOWNS. Mr. Speaker, I rise today to company for its holistic approach to the work- ment to produce economic revitalization for his honor Ida Eckhaus, a pioneer in providing ing environment. Many companies would be congregation and the entire Sixth Congres- community living for people with mental dis- wise to learn from the Lancaster Labs' exam- sional District. abilities. ple, which says that enhancing the lives of November 7, Congressman FLAKE said his Mrs. Eckhaus has always been committed working moms can significantly improve the formal goodbye to the House of Representa- to bringing vital services to the people of New overall performance of the company. I wish tives. For the first time, he told Members as York City. Through her efforts, she was one of the very best to Lancaster Labs in the future. well as the C-SPAN viewing audience about the founding members of APRIL, the Associa- f his inspirational road to success in the min- tion of Parents for Rehabilitation and Inde- istry, academia, and Congress. Never until CHARITABLE INCENTIVE GIVING pendent Living. She and her husband Sam, ACT OF 1997 that day had he told people about his long along with three other couples, got together days of work and long nights of studying to with the simple plan of obtaining housing for earn his undergraduate degree or his doctor- persons who suffered mental illnesses. In HON. JENNIFER DUNN ate of ministry. This is how we will remember those meetings, they found there were many OF WASHINGTON Congressman FLAKE. We will remember a more needs for the mentally ill. Out of those IN THE HOUSE OF REPRESENTATIVES man who did not speak about his difficult road meetings, the organization grew to become Wednesday, November 12, 1997 to success, rather, he spoke proudly about his one of the largest affiliated in the State. service to God, his family, his district, and his Ms. DUNN. Mr. Speaker, in this time of fis- In addition to her community advocacy, she cal constraints, I am introducing today legisla- country. enjoyed working with families and their loved Congressman FLAKE was born in Los Ange- tion that would encourage greater private sec- ones. For years her personal telephone at tor support of important social, educational, les on January 30, 1945, and came to Hous- home was a crisis hotline. No hour was too ton, TX, to attend public school. After growing nutritional, medical, and other necessary pro- late, no problem too difficult, no person too grams in local communities by restoring incen- up in the great State of Texas, he studied at distraught for her. She was always there to Wilberforce University in Ohio, earning his un- tives for charitable giving of closely-held stock. help in any way she could. Even after the in- Governments on all levels, Federal, State, dergraduate degree. He continued to broaden stallation of the APRIL Hotline, Mrs. Eckhaus his educational experiences in graduate pro- and local, are reducing spending throughout continued to take her calls at home. their budgets, including social programs. At grams at Payne Theological Seminary and Mrs. Eckhaus was a person of superlatively Northeastern University. In 1994, he earned the same time, society's needs for these pro- high standards, complete integrity, and bound- grams cannot be overlooked. Congress should his doctorate of ministry degree from the Unit- less enthusiasm for whatever task she under- ed Theological Seminary in Dayton, OH. do all that it can reasonably do to encourage took. Throughout here service, she also private philanthropic efforts at this critical Congressman FLAKE evolved from student served on numerous boards including the In- to educator, serving as dean of students and stage in restructuring Government and return- stitute for Community Living and AMI/New ing responsibility to our local communities. university chaplain at Boston University in York State and she also founded Summit 1976. He served as the director of the Martin Many of these services can be provided at the House of Brooklyn. local level by charities that know the commu- Luther King, Jr. Afro-American Center at Bos- Mr. Speaker, please join me in honoring nity best and can supply the most efficient and ton University from 1973 to 1976. From 1970 Mrs. Ida Eckhaus and all her contributions to competent delivery of services. Public charities to 1973, he served as the associate dean of the community of Brooklyn. and private foundations already distribute students, director of student activities at Lin- f coln University. Moving to business, he served funds to a very diverse, wide-ranging group of as a market analyst for Xerox and as a sales CONGRATULATIONS TO social support organizations at the community representative for Reynolds Tobacco Co. He LANCASTER LABORATORIES level on a timely basis. also served as a social worker for an early To meet the resulting deficit in unmet social child development/Head Start program. HON. JOSEPH R. PITTS needs, Government cannot merely expect the Mr. Speaker, Congressman FLAKE has lent OF PENNSYLVANIA private sector to fill the gap, but must provide the leadership for the use of private sector re- his talents, energy, and concern for others to IN THE HOUSE OF REPRESENTATIVES many activities. Congressman FLAKE always sources through changes in the Tax Code. says that he has been blessed to have en- Wednesday, November 12, 1997 One source of untapped resources for chari- joyed so many successful endeavors. Person- Mr. PITTS. Mr. Speaker, today I would like table purposes is closely-held corporate stock. ally, I would say that he has blessed so many to honor Lancaster Laboratories, a company in Today the tax cost of contributing closely-held people in so many areas. Lancaster, PA, recognized in the October stock to a charity or foundation is prohibitive, Legislatively, I will remember his work on issue of Working Mother magazine as one of and it discourages families and owners from the Committee on Banking and Financial Serv- the 100 best companies for working moms. disposing of their businesses in this manner. November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2329 This legislation would correct this problem by ceived from those individuals and families in cludes the longest Lake Erie shoreline of any once again permitting certain tax-free liquida- local communities in a position to make such Ohio congressional district. In the late 1960's, tions of closely-held corporations into one or a charitable gift of their business. Lake Erie was considered to be a dead lake, more tax exempt 501(c)(3) organizations. f with stinking mats of algae growing profusely, Under current law, the problem with giving and huge parts of the lake rendered uninhabit- closely-held stock to charity is that the ab- PERSONAL EXPLANATION able for fish due to lack of oxygen. After a sence of a market for such stock and the typi- comprehensive study of this problem was con- cal pattern of small and sporadic dividends HON. CASS BALLENGER ducted, it became apparent that these prob- paid by such closely-held companies make it OF NORTH CAROLINA lems were the result of eutrophication, or the difficult for a charity to benefit from ownership IN THE HOUSE OF REPRESENTATIVES overfertilizing of the lake. Too much phos- of such stock. Accordingly, if such stock is Wednesday, November 12, 1997 phorus was being dumped into Lake Erie from given to a charitable organization, and in par- various sources, including farms, factories, ticular if a controlling interest is given, the cor- Mr. BALLENGER. Mr. Speaker, on Satur- and private homes. The 1972 GLWQA in- poration may have to be liquidated either by day, November 8, I missed rollcall votes 617 cluded provisions for the reduction of phos- statutory requirement or to effectively com- (H.R. 2631) and 618 (H.R. 2534). Had I been phorous loadings into Lakes Erie and Ontario. plete the transfer of assets to the charity for its present I would have voted ``yea'' on both. As a result of the 1972 GLWQA, phos- use. Under current law, such a liquidation f phorus levels significantly decreased in the would incur a corporate tax at a Federal rate Great Lakes. In Lakes Erie and Ontario, phos- of 35 percent. This cost is imposed as a result TRIBUTE TO EUGENE LESESNE phorus loadings have been reduced by almost of the tax law changes made in 1986 that re- 80 percent. The United States and Canada pealed the ``General Utilities'' doctrine and this HON. WILLIAM J. COYNE achieved this binational goal through improve- imposed a corporate level tax on all corporate OF PENNSYLVANIA ments in sewage treatment, lowering the lev- transfers, including those to tax exempt orga- IN THE HOUSE OF REPRESENTATIVES els of phosphorus in detergents, and reducing nizations. The charitable organization could Wednesday, November 12, 1997 agricultural runoff. also be subject to unrelated business income In 1978, the GLWQA was revised and the taxes. These tax costs make contributions of Mr. COYNE. Mr. Speaker, I rise today to two countries pledged to restore and maintain closely-held stock a costly and ineffective pay tribute to one of my constituents, Mr. Eu- the chemical, physical, and biological integrity means of transferring resources to charity, and gene Lesesne of Pittsburgh, PA. of the waters of the Great Lakes basin eco- these are the costs I propose to eliminate in Eugene Lesesne, a U.S. Army veteran of system. Toxic substances were a major con- order to free up additional private resources World War I, will be 100 years old on Novem- cern by the late 1970's, and the two countries for charitable purposes. ber 19. Born in Sumter County, SC, he served committed themselves to achieving zero dis- The legislation I introduce today eliminates in the Quartermaster Corps in France in the charge of toxic substances in toxic amounts the corporate tax upon liquidation of a qualify- final months of the First World War. He moved and the virtual elimination of persistent toxic ing closely-held corporation if certain condi- to Pittsburgh shortly after his discharge in substances. These persistent toxics bio- tions are met. Most importantly, qualification 1919 and has lived there ever since. accumulate in organisms and increase in con- would require that 80 percent or more of the A quiet, unassuming person, Mr. Lesesne centration up the food chain. Some of these stock must be bequeathed at death to a lived a life of hard work as a laborer. He was substances, such as PCB's and dioxin, have 501(c)(3) tax-exempt organization. This bill married twice, widowed twice, and was a fa- been shown to cause adverse health effects in also clarifies that the charity can receive mort- ther of four. Mr. Lesesne attributes his long life humans and wildlife. gaged property in a qualified liquidation free to the good habits instilled by his parents, Again, my constituents have been impacted from the unrelated business income tax for a whom he describes as ``good Presbyterians by the constant plague of persistent toxics period of 10 years. This change parallels the who taught me to stay away from bad things.'' which were dumped into the lakes during a exemption from the unrelated business income A longtime member of Grace Memorial Pres- time when the consequences of pollution were tax [UBIT] for 10 years provided under current byterian Church, in 1968 he joined with church not understood. The Ashtabula River and har- law for direct transfers by gift or bequest. people of different races to form the Commu- bor in northeast Ohio was a dumping ground By eliminating the corporate tax upon liq- nity of Reconciliation, an interracial, inter- for toxic waste for years. uidation, Congress would encourage addi- denominational church. He continues to sing The 1987 protocol to the Great Lakes Water tional, and much needed transfers to charity. tenor in that church's choir to this day and is Quality Agreement reinforced the 1978 com- Individuals who are willing to make generous noted for the natty way he dresses. mitments of the United States and Canada bequests of companies and assets they have I commend him to this body as an example and highlighted the importance of human and spent years building should not be discour- of a man who served his country overseas in aquatic ecosystem health. Provisions were aged by seeing the value of their gifts so sub- his youth and came back home to lead an ex- added to clean up 42 local areas of concern stantially reduced by taxes. There will be a emplary salt-of-the-Earth life. in the Great Lakes and included the develop- revenue cost to this legislation, probably in the f ment and implementation of remedial action hundreds of millions of dollars based on work plans [RAP's] and lakewide management the Joint Committee on Taxation has done on COMMEMORATING THE 25TH ANNI- plans [LaMPs]. this concept over the past year. But it is cru- VERSARY OF THE GREAT LAKES The Ashtabula River and harbor was des- cial to remember that this cost represents WATER QUALITY AGREEMENT ignated as an area of concern by the Inter- charitable giving of many times that amount; national Joint Commission [IJC] in 1985, and by the same techniques used to estimate tax HON. STEVE C. LaTOURETTE a remedial action plan has since been devel- cost, it's estimated the giving stimulated to be OF OHIO oped to clean the river up. Under the leader- as much as seven times the revenue cost, IN THE HOUSE OF REPRESENTATIVES ship of the IJC, a coalition of interested parties has worked continuously to make the Ash- placing its value in the range of $2 to $3 bil- Wednesday, November 12, 1997 lion. In short, this revenue impact represents tabula River and harbor one of the first suc- the expectation of significant transfers to char- Mr. LATOURETTE. Mr. Speaker, I rise today cessful cleanup sites in the Great Lakes. The ity as a result of the legislation. to commemorate the 25th anniversary of the Ashtabula River Partnership has made great Good tax policy would advocate the broad- Great Lakes Water Quality Agreement strides in recent years to secure the commit- est support of charitable giving. It is worth- [GLWQA]. This groundbreaking agreement be- ment of the Army Corps of Engineers to safely while to note that the individual donor does tween the United States and Canada was dredge the sediments and dispose of them in not receive any tax benefit from the proposal. signed on April 15, 1972, by President Richard a manner consistent with our obligation to pro- All tax savings go to the charity. By inhibiting Nixon and Canadian Prime Minister Pierre tect the environment. these charitable gifts, the Government not only Trudeau as a binational pledge to reduce and The accomplishments under the GLWQA hurts those individuals that most need the help prevent Great Lakes pollution. The GLWQA extend beyond my constituents' corner of the of their Government and their community. grew out of a need to reverse the decades- Great Lakes. As a result of the United States I welcome my colleagues' support and co- long trend of decline in the health and bene- and Canadian commitment to reducing toxic sponsorship for this legislation. I urge each ficial uses of the Great Lakes. substance releases, cormorants in the Great Member to talk to their constituents about it My constituents have been especially im- Lakes region have significantly increased in and learn for themselves the response re- pacted by water quality since my district in- population from the 1950's to the 1970's levels E2330 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 when the number of nesting pairs of cor- Rodger embodies all of these traits. And I PATRICIA STARK OF RIVERHEAD, morants dropped by 86 percent. Concentra- shall never forget how he worked so hard and SELECTED AS PERSON OF THE tions of DDE and PCB, both persistent toxic put in all of his efforts in passing into law, the YEAR substances, decreased in cormorant eggs by 1985 education bond election. It was critical more than 80 percent between 1971 and and he was there. HON. MICHAEL P. FORBES 1989. Concentrations of chlorinated com- He was there because he believed in edu- OF NEW YORK pounds, such as dioxins and furans which are cation and that no child should be left behind IN THE HOUSE OF REPRESENTATIVES and that all children must be included in edu- used in the bleaching process of pulp and Wednesday, November 12, 1997 paper mills, have decreased in the Great cation. Rodger is just so good in every area Lakes by 90 percent since the late 1980's. and he really understands the needs for all of Mr. FORBES. Mr. Speaker, I rise today to On November 1, 1997, in Niagara Falls, NY, the people. And in addition to all his caring, he join my friends and neighbors on eastern Long the International Joint Commission, with Can- has been the No. 1 Cadillac salesperson in all Island as we pay tribute to Patricia Stark, of ada and the United States, celebrated the of the country, and we all like Cadillacs. Riverhead, in honor of her designation as 25th anniversary of the GLWQA. This event I first met Rodger when we both were on 1997's Person of the Year by the Paumanok was attended by many people in the Great the board of trustees at Texas Christian Uni- District of the Suffolk County Council of the Lakes community hailing from United States versity where we both graduated from. And Boy Scouts of America. that friendship will never end. I have so much Pat Stark's good work is so extensive, it and Canadian Government agencies, environ- respect for him as a husband, father, Christian might be more apt to declare her Person of mental organizations, public interest groups, man and civic person extraordinare. In addi- the Decade. She is being honored by the Suf- and industry. The key speakers at the celebra- tion to a few things that I have pointed out, folk County Boy Scouts because they recog- tion were Deputy Secretary John Garamendi, Rodger is involved in so many more. He never nize her selfless and seemingly endless con- United States Department of Interior, and the forgets the young people, whether handi- tributions of time and energy to the entire Honorable John Fraser, Canadian Environ- capped or not. Riverhead community. Pat has worked tire- ment Embassador, as well as a member of my He never forgets to be caring as it relates lessly to improve the quality of life for all her staff, Mr. Brett Kaull. to any issue and I think that the committee neighbors, whether through supporting the At this landmark anniversary of the GLWQA, has decided this year to give honor to the arts, beautifying our community, improving we must not rest on the laurels of the accom- award by citing Rodger Meier. education, protecting the environment, or pre- plishments of the past, for there is still much It is my pleasure to congratulate you serving her hometown's historic legacy. to be done to restore the environment of the Rodger, and in addition to congratulating you, After a career in education where she Great Lakes, This effort will require vigilance I thank you. I thank you for all that you have taught in several Long Island schools, Pat has and commitment from the United States and done to make this world a better place and to directed her talents to private business and is Canada, Federal and local governments, in- make Dallas a better community. The award now the vice president of Storage Town East. dustry, and the public. In 1999, the United does itself honor in honoring you. I thank the But she is most loved and respected for her States and Canada will review the agree- awards committee. Rodger, my friend you tremendous pride in her community, one that ment's objectives and terms to determine have earned it, you deserve it and I hope that has inspired her devotion to Riverhead. Pat whether to update its scope. Let us continue you enjoy it. founded the Riverhead Country Fair, serving to work together in a concerted effort to f as the event's cochair for 7 years, with the achieve the goal of bringing back the Great HONORING ADAM ARLEN goal of the focusing the townspeople's atten- Lakes to their former preeminence as a natu- tion on the special gifts of the Peconic River. ral resource to be enjoyed for generations. With the help of her friends and neighbors, f HON. EDOLPHUS TOWNS that purpose was attained and today the OF NEW YORK riverfront has come alive with the bustle of TRIBUTE TO RODGER MEIER IN THE HOUSE OF REPRESENTATIVES boaters, fishermen, residents, and tourists. Wednesday, November 12, 1997 Pat also served as chairperson of Riverhead HON. EDDIE BERNICE JOHNSON Mr. TOWNS. Mr. Speaker, I rise today to Townscape, an organization responsible for al- OF TEXAS honor Adam Arlen, a pioneer in providing locating the funds raised by the fair on beau- IN THE HOUSE OF REPRESENTATIVES community living for people with mental dis- tification projects. Some of the beneficiaries Wednesday, November 12, 1997 abilities. those efforts include the Peconic Riverfront, Mr. Arlen was born in Poland where he was Lombardi Park, the flower boxes, trees and Ms. EDDIE BERNICE JOHNSON of Texas. educated in economics. After experiencing plantings along Main Street, plantings in Mr. Speaker, I rise today to pay tribute to a years of hardship during World War II and the Grangebel Park, the gardens and grounds of constituent and good friend Mr. Rodger Meier, oppression of the subsequent Communist gov- the East End Arts Council, and the Riverhead this year's recipient of the Russell H. Perry ernment, in a dramatic personal adventure, he Preservation and Landmark Society. Free Enterprise Award. It is very difficult to be escaped to the United States to start a new Pat's other efforts includes serving as brief when paying tribute to Rodger Meier, a life in 1966. cochair of the East End Arts Council's Suffolk man who has championed so many noble During his first years in America, following Theater advisory committee, the Riverhead causes. formal training, Adam Arlen became a nursing Business Improvement District's downtown I know him as an advocate of entrepreneur- home administrator. In the early 1970's, see- planning strategies committee, and as presi- ial initiatives, community service and public ing that large numbers of individuals with men- dent of the Riverhead Revitalization and Pres- policy issues that has produced opportunities tal illnesses were being discharged from State ervation Corp., which has just completed a for the citizens of Dallas. The Wright amend- hospitals into the community with inadequate vital historic restoration project on Roanoke ment was established to protect the economic aftercare, he pioneered the development of Avenue. opportunities and financial well-being of the this type of community living in New York Completing her prodigious list of volunteer Dallas-Fort Worth Airport. Rodger was right State. For almost two decades, he stood out efforts, Pat is a member of the advisory board there and never fails to express his feelings among his colleagues as a supporter of the of the Hallockville historic site, serves as di- about keeping the economy strong in the Dal- highest quality of services for individuals under rector of Confraternity of Christian Doctrine for las area. his care. In his role as advocate, he testified St. John's Roman Catholic Church and is still In addition, he is a long-time supporter of before legislative and administrative bodies a prodigious fundraiser for many local non- DART and has lead to my constituents enjoy- and supported the creation of award-winning profit organizations. Patricia has been recog- ing better transportation and environmental mental health programs. As a founding mem- nized in the Senate by AL D'AMATO for her ef- opportunities while producing more dollars for ber of the Institute of Community Living's forts in housing restoration and it is altogether area businesses and allowing passengers to Board of Directors, he has continued to speak fitting that the House of Representatives honor reach key destinations without clogging our out on behalf of those with mental disabilities her contributions. highways and freeways. offering unique and practical advice that stems That is why, Mr. Speaker, that I ask my col- And so, it is truly fitting that he is being hon- from his special personal history and as well leagues in the House to join me honoring Pa- ored this year with the Russell H. Perry Free as professional interests. tricia Stark and recognize her commitment to Enterprise Award. This award salutes entre- Mr. Speaker, please join me in honoring the promoting and protecting the quality of life of preneurial spirit and how it fosters opportuni- zealous and faithful advocacy of Adam Arlen Riverhead and the entire east end of Long Is- ties, service, and civic responsibility. After all, on behalf of individuals with mental disabilities. land, for her family and for her community. We November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2331 are truly blessed to count her as our friend [From the Omaha World-Herald, Nov. 8. 1997] He approached his legislative role in Wash- and neighbor. WALT CAPPS ‘‘WAS A JOYOUS MAN’’ ington in the same spirit: Whatever small f (By Roger Bergman) advance I can help to make for the general welfare of the people of this country, let me Even as the lights were coming back on in DESIGNATION OF THE ‘‘EUGENE J. be ready to do it. Not a bad philosophy for our house and around Omaha on Oct. 28, an- the rest of us. McCARTHY POST OFFICE BUILD- other kind of light was being extinguished. Of Capps’ 14 books, the most recent was on ING’’ Our friend—really a member of the family— the Czech playwright and president, Vaclav Congressman Walter Capps was dead. He suf- Havel, another fine intellect who responded fered a heart attack in Dulles Airport in to the call of public service. Havel’s most re- HON. BRUCE F. VENTO Washington, D.C. OF MINNESOTA It seemed impossible that someone so cent book is titled ‘‘The Art of the Impos- IN THE HOUSE OF REPRESENTATIVES vital—so full of life and with so much to sible.’’ Walter would have appreciated that perspective on self-government, too. One of Wednesday, November 12, 1997 offer—could be claimed by darkness so sud- denly, so unexpectedly, so early. Even at 63, his own books was significantly titled, Mr. VENTO. Mr. Speaker, I rise with the even after barely surviving a head-on colli- ‘‘Hope Against Hope.’’ support of the Minnesota delegation in the sion with a drunken driver more than a year But Walt Capps was not merely a dreamer. U.S. House, to introduce H.R. 2836, a bill to ago, Walt Capps was not someone you ex- He wanted to make a difference. And so he pected to die. My wife, Dr. Wendy M. Wright, put up with the arduous demands of the cam- designate the U.S. Post Office Building in paign trail (and the insults of his opponent, downtown St. Paul, MN, as the ``Eugene J. a Creighton University theology professor for whom Capps was an intimate friend and which he did not return) and the daily frus- McCarthy Post Office Building.'' mentor, expressed it well: ‘‘He was such a trations of an idealist in the powerbrokering Eugene J. McCarthy served as a U.S. Rep- joyous man.’’ world of the national capital. If he tilted at resentative from Minnesota's Fourth Congres- During his recent visit to his native windmills, it was only after being sure it was sional District, the seat that I've been honored Omaha to attend family and high school re- for the good of his own constituents and the to represent. He also served for many years unions and to speak at his boyhood church country generally. as a U.S. Senator from the State of Min- and at Creighton University, Walt remarked Like a combination of Don Quixote, St. nesota. He served for over two decades in to me that no less a figure in Western civili- Augustine, and Vaclav Havel, our friend Wal- zation than St. Augustine had written both ter Capps dreamed a possible dream. He be- Congress and was a much celebrated can- ‘‘The Confessions’’ and ‘‘The City of God,’’ lieved that citizens could govern themselves didate for the Democratic nomination for Presi- respectively classics of spiritual autobiog- despite deep moral and ideological disagree- dent of the U.S. in 1968. Gene McCarthy's raphy and political theology. ments. Perhaps felled by the strenuous role in this 1968 campaign was the catalyst A longtime and influential professor of re- schedule that belief demanded of him as a that set in place major change in United ligious studies at the University of Califor- citizen-representative, Walt Capps is a re- States and global policy in Southeast Asia and nia at Santa Barbara, Capps was elected to minder to all of us that democracy has no electoral politics in our Nation. the U.S. House of Representatives less than sidelines. Eugene McCarthy was a teacher in the pub- a year ago. As he said in his lecture Oct. 12 Professor Capps—he took a leave of ab- at Creighton, he was trying in his own way lic schools in Minnesota and a professor at St. sence from his university post rather than and however modestly to bridge the gap be- give it up entirely—had a more personal John's University in Collegeville, MN. He was tween spiritual values and the concerns of dream, too. After several terms in Congress, also an instructor of economics at the College public life. That an accomplished scholar he wanted to return to the University of of St. Thomas in St. Paul and a distinguished and master of the lecture hall would even California at Santa Barbara to teach about author of numerous books on subjects ranging consider such a challenge at the time in a ca- democracy. from children's literature to history and most reer when most of us would be thinking of Democracy, he said, is not something we renowned for his poetry. retirement attests to his insatiable thirst for inherit as a lifeless monument from the past. The State of Minnesota is the home of life generally and to his faith in the demo- It is something we create and recreate every cratic ideal specifically. day. Or at least that is the challenge. many great leaders, however, few have It was also Augustine who proclaimed that He will not be able to fulfill that personal touched as many lives as Minnesota's Eugene a Christian should be an ‘‘alleluia from head dream—to the loss of all of us, but especially McCarthy. Senator McCarthy is a tireless lead- to foot.’’ Walter Capps was such a man. to those UCSB students who will know of er and throughout his recent illness his fighting And his joy in life and hope for America in him only by reputation. My wife and I are a time of cynicism about politics was infec- spirit persists. Therefore I, as well as, the Min- immensely grateful that our children, his tious. After spending the evening of Oct. 12 nesota delegation and the people of the great godchildren, were touched by his life. listening to the congressman speak enthu- State of Minnesota want to honor the accom- But like the image of a flame that lingers plishments and service of this historic Min- siastically of the quality of people he was getting to know in Washington and of the in the mind’s eye even after the wick has nesota leader from the area of St. Paul, MN, genuine care and concern of so many elected been snuffed, Walter Capps’ joyous, hopeful, that catapulted him onto the national stage officials and their often young and idealistic generous spirit will linger long after his life and into the U.S. Congress. staffs to do the right thing, one Creighton has gone out. I welcome the support of my colleagues and political science professor remarked that she May he rest in peace. And may the rest of this Nation in recognition of the career and had not felt so hopeful about Congress for us get to work. public service of this great American. years. Although 15 years my senior, Walt, f with an almost boyish verve for an over- f whelmingly difficult job, made me feel some- WALTER CAPPS WAS A JOYOUS what jaded by comparison. VETERANS DAY IS AMERICA’S MAN Perhaps some of Walt Capps’ hopefulness DAY came from the healing and reconciliation he saw taking place in his course on the Viet- HON. DOUG BEREUTER nam War. Vets who had never told their sto- HON. NICK J. RAHALL II OF NEBRASKA ries before were invited to share the podium with him. Students whose fathers were un- OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES known to them personally were sent as emis- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 12, 1997 saries of the class to the Vietnam Memorial Wednesday, November 12, 1997 Mr. BEREUTER. Mr. Speaker, on October in Washington to touch those precious names on the black marble. Sen. Bob Kerrey, Mr. RAHALL. Mr. Speaker, I rise today to 28 the House of Representatives lost an ex- Nebraska’s then-governor, took an active traordinary Member. That loss was felt here, role in the class for years, becoming a close commend to my colleagues an article that was and it was felt across the country. Earlier in friend to Capps and mentoring him into po- published in the Charleston Gazette of October the gentleman from California, Mr. litical life. Charleston WV. The article was written by a Capps, had visited this Member's home State Capps quoted Kerrey in his lecture at constituent of the Third Congressional District of Nebraska and the city of Omaha, where he Creighton. Politics is often defined as the art of West Virginia and a national vice com- was born and grew up. Not surprisingly, Ne- of compromise. But Kerrey, reported Capps, mander of the American Legion, Mr. Robert described politics as the art of the possible. Vass, Sr., of Huntington, WV. braskans responded enthusiastically to his The congressman’s own philosophy cor- warm and generous spirit. This Member com- responded well with that. Especially after I am sure that many of my colleagues spent mends to his colleagues the piece by Roger his near-fatal crash in 1996, he said he woke yesterday the same way that I did, visiting with Bergman which appeared in the Omaha up every morning just grateful for the new constituents to celebrate Veterans Day. Entire World-Herald on November 8, 1997. day and the opportunities it offered. communities come together on November E2332 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 11 each year to honor those who have served ing Sports, and the National High School Or- CONGRESSIONAL DEBATE atorical Contest. our Nation in the Armed Forces. Veterans Day Currently in Congress the school choice de- is an opportunity to remember those who have West Virginia Legionnaires last year do- nated 38,436 hours of service to their commu- bate is a popular topic and will certainly given their life in service and to remind our- nities, awarded $63,664 worth of scholarships continue to be a lightning rod for years to selves of our responsibility to care for those to 70 deserving West Virginia students, and come. Supporters claim that choice injects veterans who still need assistance. donated 459 pints of blood to West Virginia competition and accountability into the edu- As Mr. Vass writes, veterans continue to blood collection centers. cational system. They ask why the poor serve our Nation, even after leaving the mili- Above all, consistent with our support for should not have the same chance at better tary. Not only are they ready to serve in time the Constitution, Legionnaires believe ‘‘we schools as the well-to-do. They believe that of war, they remain active in times of peace. the people’’ must have a voice in how our na- choice will, through competition, prod the tion is governed. On this premise, the U.S. public schools to get better. Veterans and active-duty personnel alike are Senate should do what the House did in active in our communities by volunteering at June: Pass a constitutional amendment to American parents are deeply concerned hospitals, sponsoring scouting and athletic return to the people the right to protect the about the quality of their children’s edu- programs for youths, providing scholarships or flag of the United States from physical dese- cation, and are searching for ways to im- students and donating thousands and thou- cration. prove the system. School choice is one such sands of hours in volunteer service in their Ordinary citizens must reinforce America’s option. Billed as a way to increase parents’ control over where their children enroll communities. core values through service to God and coun- while also creating incentives for reform in I share my good friend's column with my try and participation in our governance. That’s what the American Legion is all our public schools, the numerous school colleagues because it reminds us that Veter- about on Veterans Day and every day. And choice proposals promise to shake up our ans Day is not just a day for veterans and that’s what we all must be about on Veter- educational system. In this day and age, their families; it is America's Day. It is a day ans Day and every day. when we often hear calls to increase the effi- for Americans to ``express appreciation for the Veterans Day is America’s day. ciency and responsiveness of government, contributions of all veterans up upholding the f the free enterprise themes that characterize values for which these patriots sacrificed.'' school choice proposals resonate with many And it is a day for all Americans, to be like SCHOOL CHOICE Americans. veterans, and to involve themselves in their Opponents, on the other hand, argue that communities. HON. LEE H. HAMILTON choice, at its least, unduly weakens public Mr. Speaker, I have included a copy of Bob OF INDIANA schools and, at most, is unconstitutional. Vass column and ask that it be printed follow- IN THE HOUSE OF REPRESENTATIVES They argue fairness: since States will never ing my statement. Wednesday, November 12, 1997 have the money to help all the poor children who want it, most poor children will never [From the Charleston Gazette, Friday, Nov. Mr. HAMILTON. Mr. Speaker, I would like to be able to take advantage of the choice, and 7, 1997] insert my Washington Report for Wednesday, they will be left behind in a public system VETERANS DAY IS AMERICA’S DAY—HOLIDAY November 12, 1997, into the CONGRESSIONAL more starved for money then ever before. HONORS THOSE WHO SACRIFICED RECORD. For them, public funds should be spent to (By Robert E. Vass, Sr.) SCHOOL CHOICE improve public schools, not spent to help I’m proud to be one of countless Americans students leave them. who in the tradition of the citizen-soldier Education has always been a defining issue Critics also argue that most Americans do fighting for America’s independence, served in American politics and a matter of the in our nation’s armed forces. I served in the highest importance. Everyone believes that not want tax dollars subsidizing private U.S. Army Air Corps during World War II. in America every child should get a good schools, and they believe that vouchers cre- Veterans Day, Nov. 11, is not only my day; education. Politicians of all stripes have ate instant church-state problems. They say it is American’s day. On this day, in events yearned to be known as ‘‘education presi- that using public funds for religious-affili- ranging from solemn to spectacular—in dents’’ or ‘‘education governors’’. The often ated schooling is a violation of the First sprawling cities and in small towns—Ameri- heated debates swirling at the local school Amendment’s separation of church and state cans will honor those who sacrificed for free- board level also testify to how central an which is at the center of the American polit- dom. issue education is at all levels of govern- ical heritage. Men and women of all races, creeds and so- ment. Now a further debate within this larger Critics also point to the practical difficul- cial stations have stood in harm’s way in ties in implementing school choice. In urban World War I, World War II, Korea, Vietnam, education debate is taking place in state- houses and schoolhouses across the country. areas, where there are not only more schools Lebanon, Panama, Grenada and the Persian to choose from but also greater accessibility Gulf. More than a million of them, including That debate is over school choice. At a fun- to public transportation, it is easier to im- my wartime contemporaries , forfeited all of damental level, school choice involves giving plement school choice reform. Could this their tomorrows in their youth so that the parents the ability to select which schools work in rural southern Indiana where core values of our nation—freedom, justice their children attend. But despite the rel- schools are often separated by at least an and equality—might grow old. atively simple definition, school choice in- A simple gesture of gratefulness is all vet- volves many different and competing op- hour’s drive? What about parents unable or erans want on Veterans Day. Whether you a tions, and the debate is heating up. unwilling to choose, or troubled students veteran or not, you can poignantly express WHAT IS SCHOOL CHOICE? who are less desired by the schools? How do appreciation for the contributions of all vet- School choice encompasses a broad spec- you find enough resources to make choice erans by upholding the values for which trum of educational initiatives and models, really meaningful, so even the poorest or these patriots sacrificed. from modest tinkering to expansive reorga- worst behaving or lowest achieving student I and my comrades in the American Legion nizations. The most popular include school would have a chance to enroll in a good support traditional American values here vouchers and charter schools. school? and in thousands of other communities na- School vouchers provide assistance to fam- ASSESSMENT tionwide. We carry on a tradition of commu- ilies, often in the form of coupons, to be used nity service dating back to the Legion’s to pay either a portion or the entire cost of When it comes to the education of Amer- founding in 1919. private school tuition. Cleveland and Mil- ican children, I believe we should be willing We advocate policies upholding law and waukee have voucher programs supported to experiment and creatively address the order, a strong national defense, a full ac- with taxpayer dollars. These programs are challenges of making sure they receive the counting of those listed either as missing in targeted to low-income families. In Indian- world-class education they deserve. The idea action or as prisoners of war, and just com- apolis there is a limited voucher program of school choice is certainly an attractive pensation for veterans, with service-con- funded through private funds. one, at least in general. By allowing parents nected disabilities. The latter includes thou- Charter schools are independent public to send their children to any school in any sands of Gulf War veterans who went to the schools usually started by parents, teachers, neighborhood, many schools will shape up and administrators. These schools are freed region healthy and returned with ailments of and bright students can shop around to es- from some of the bureaucratic rules and reg- mysterious origin. cape inferior schools. We volunteer in Department of Veterans ulations that drag down performance, but in Affairs hospitals. We help veterans file return they are responsible for meeting cer- But I also believe that choice is not a cure- claims for benefits. We sponsor programs tain standards. Over the past several years all for American schools. It must not stand which instill traditional values in young peo- there has been an intense debate in the Indi- as a substitute for a strong commitment to ple, including Scouts, high school ROTC, ana state legislature over the issue of some a sound education for all of our children. If American Legion Baseball, American Legion charter schools possibly restricting admis- school choice is going to be an effective al- Boys State and Boys Nation, Junior Shoot- sion. ternative, we must address the fundamental November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2333 issues which surround it, and local leader- at the Samaritan Care office. Often the pa- was one of the driving forces behind Guam's ship must take the lead in designing the pro- tients had been receiving hospice care for involvement in the 1966, 1969, and 1975 grams. In general, I think school choice several days before Doctor K first learned of South Pacific Games, the Chamorro Open works best when it is arrived at gradually, the patients when he received the certifi- locally, and voluntarily—not by top-down cation forms to sign. Kirschenbaum never in- Tennis Tournament as well as the activities for mandates. formed Dr. K of the extensive responsibilities refugees as part of Operation New Life. The verdict is still out on whether school of the Medical Director as set forth in the Throughout his teaching career, Joe Paulino choice programs already in place have been Policies and procedures, and Dr. K did not consistently demonstrated the kind of care and ultimately successful. For this reason, fulfill these responsibilities. Kirschenbaum commitment to students expected for all good school choice needs to be a gradual experi- later employed other Medical Directors at teachers. Joe reached out not only to Guam ment, and local leaders need to look long and modest salaries who signed certification students but also to hundreds of young men hard at a variety of innovative strategies forms without seeing patients or reviewing and women from our neighboring Micronesian aimed at improving public schools. their medical records. What we do not want in the end is a school islands. Whenever necessary, he took these f choice system that leads to further segrega- visiting students under his wing during their stay on Guam. He also spent many summers tion by race or income, or a choice system TRIBUTE TO JOE PAULINO that creates a few favored schools for the teaching courses in Kosrae and Chuuk. Joe elite. To bridge the gap between the ideal of Paulino's distinguished service, his active in- school choice and the reality of fundamental HON. ROBERT A. UNDERWOOD volvement and his contributions to the Univer- educational reform, we need to carry on with OF GUAM sity of Guam and to the people of Guam are this timely experiment. IN THE HOUSE OF REPRESENTATIVES well deserving of recognition and have in fact f Wednesday, November 12, 1997 moved the Guam legislature to enroll him in Guam's ``Guma Onra'' or House of Honor. WHY BETTER CERTIFICATES OF Mr. UNDERWOOD. Mr. Speaker, I rise My sincere condolences go out to his wife, MEDICAL NECESSITY ARE NEED- today to pay tribute to one of Guam's edu- Pauline, and his children and their spouses, ED TO HOLD DOWN MEDICARE cators, and a former colleague of mine, Jose Mark and Pauliana, Brian, Andre and Melissa FRAUD ``Joe'' E. Paulino, who was called from this life Mendosa. on October 14, 1997. f HON. FORTNEY PETE STARK Following his graduation from George OF CALIFORNIA Washington Senior High School in 1956, Joe THE VIETNAM WAR: THE MISSING IN THE HOUSE OF REPRESENTATIVES attended the College of Guam before transfer- CHAPTER IN AMERICAN HISTORY ring to Fresno State College in California BOOKS Wednesday, November 12, 1997 where he earned a bachelor of arts in physical Mr. STARK. Mr. Speaker, on October 7, I education and a minor in recreation in 1961. HON. DONALD A. MANZULLO introduced H.R. 2633. to require the Secretary After his graduation, Joe returned to Guam OF ILLINOIS of HHS to develop and require the use of and began his teaching career at Inarajan IN THE HOUSE OF REPRESENTATIVES standard forms by which physicians certify that Junior High School. He spent the next 3 years Wednesday, November 12, 1997 a course of home health or hospice care is teaching at the former Tumon Junior-Senior necessary and appropriate. High School, prior to commencing his affili- Mr. MANZULLO. Mr. Speaker, yesterday, Today, doctors just sign for such services ation with the College of Guam in 1964. my family and I had the opportunity to attend without a clear statement that the patient The following year, Joe was granted a year the commemoration of Veterans Day held at qualifies or is eligible for the course of treat- of paid educational leave by the college's then the Vietnam Memorial in Washington, DC. My ment. Often a doctor is nagged into approving president, Antonio C. Yamashita, to pursue a children, ages 9, 11, and 13, don't know the the course of treatment by the family or pa- master's degree in physical education at Indi- meaning of the word ``Vietnam,'' though sev- tient, and I know that many doctors would like ana University. Upon receiving his degree in eral times we have talked to them about the to be able to explain to patients why they can- 1966, he returned to the College of Guam and Vietnam war. not casually certify an expensive Medicare was promoted to an assistant professor posi- Gen. Barry McCaffrey, Vietnam war veteran, benefit, but instead, various conditions of med- tion. Joe continued his teaching career, and now head of our Office of National Drug ical need must be met. achieving associated professor status at what Control Policy, gave a stirring speech about A clearer, consistent statement of CMN can would eventually become the University of the ones who fought the war, reminding us help reduce fraud. For example, there is the Guam in 1977, and subsequently achieving that the price of freedom is very high. I also complaint of the United States versus Joseph tenure in 1982. heard the incredible speech of Ann Ari Kirschenbaum, filed this October 14 in the Later that year, Joe took leave from the uni- Cunningham, a nurse who served two tours of U.S. District Court for the Northern District of versity to become the director of the depart- duty in Vietnam and who shared her experi- Illinois (Eastern Division), No. 97 CR 702. In ment of parks and recreation, but continued to ences of the war. the grand jury's charges and in the complaint, teach one course per semester at the Univer- Then I met a group of Vietnam veterans in Mr. Kirschenbaum is charged with defrauding sity of Guam through 1984 the rotunda of our Capitol, and they advised Medicare of millions of dollars by providing In 1984, he returned to the University of me that in many school history textbooks the Ðor not providingÐhospice benefits to Medi- Guam campus on a full time status accepting Vietnam war is relegated to a simple para- care beneficiaries. the position of advisor to then university presi- graph. The memory of the 58,000-plus men Following is one of the many charges from dent, Jose Q. Cruz, on the management and and women who perished in that war deserves the grand jury. It is important to note that Doc- operation of the newly built University of more than cursory comment. tor K and the other doctors mentioned in this Guam fieldhouse. President Cruz subse- Therefore, I am requesting the speeches charge are notÐto my knowledgeÐbeing quently appointed him as the fieldhouse man- given by Gen. Barry McCaffrey and Ann charged with the hospice owner. A reformed ager, a position he retained until his retirement Cunningham be included in the CONGRES- and strengthened CMN system, as provided in in 1991. SIONAL RECORD for today. I trust that they will H.R. 2633, would help ensure that doctors During Joe's distinguished academic career, be read by children and serve as a missing would not casually sign such stacks of paper, he served on a majority of the University of chapter in our history books. and if they did, would be liable for false certifi- Guam's planning committees. He also held re- REMARKS FOR VETERANS DAY, VIETNAM WAR cation. sponsible administration positions, including MEMORIAL 58. It was further part of the scheme that chairman of the Division of Health, Physical (By Gen. Barry McCaffrey) defendant KIRSCHENBAUM hired a Medical Education, Recreation and Dance, and assist- INTRODUCTION Director for Samaritan Care who, in ex- ant to the president. Senator Hagel, Jan Scruggs, distinguished change for a modest salary, was willing to Joe also played a major role in the estab- guests, ladies, gentlemen, fellow Veterans of sign every patient certification form that lishment of sports organizations, such as the the Vietnam War. was presented to him without examining the In particular the assembled soldiers of B patients or reviewing the patients’ medical Guam Sports Federation, the Guam Tennis Company, 2–7th Cav who I was privileged to records. This Medical Director, referred to in Club, the Guam Table Tennis Association, the serve with in Vietnam during 1968–1969— this indictment as ‘‘Doctor K,’’ had no in- Guam Volleyball Association, the Far East thank you for your courage and dedication volvement in the hospice other than signing AAU, the Guam Amateur Sports Association in combat and the joy of our reunion during his name to patient forms every two weeks and the Guam Amateur Baseball League. He the past two days. E2334 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 I am especially honored to be here with our of us, nearly three decades have passed since ualties daily, to the women in Special Serv- keynote speaker, the Honorable Charles our time in Vietnam. The historians may ices. Hagel, Senator from Nebraska, who coura- still be sifting through mountains of docu- Thirty years ago I was in Vietnam. I was a geously served in Vietnam as a squad leader ments. However, most of us assembled here young, naive 22 year old, a year and a half in the 9th Infantry Division. He is one of the already know what we learned from the War. out of nursing school when I joined the Army seven U.S. Senators and nine Congressmen, 1st—We must not commit our youth to war Nurse Corps. I was two and a half weeks out members of Congress, who fought in South- without the support of the American people. of basic training the day I landed at Bien east Asia. For in a democracy, lack of such support Hoa Airbase with about half of my basic Today we honor all those who served in produces catastrophic divisiveness and weak- class and a greener 2nd Lt. you would never Vietnam—both the living and those who ening of national will, which are essential to find. never came home. winning. I was a trained operating room nurse, but A ceremony at this site brings to mind the 2nd—We must not send our sons and daugh- I had never seen a trauma patient, let alone images of the nearly three and a half million ters to war without a clear understanding of a mass casualty situation. Needless to say in men and thousands of women who served in national aims and the costs for achieving the next 12 months I saw many such situa- the Vietnam theater. It also brings into them. For failing to articulate these require- tions. It was the best of times and the worst sharp focus the faces of mothers, fathers, ments leads to flawed strategies and higher of times and it took me 15 years to talk young wives, and children who braved the casualties. about it. When the Wall was dedicated, I uncertainty of that conflict, waiting with 3rd—Victory will be paid for in blood by didn’t even know about it because I didn’t anticipation for the return of loved ones. Our country did not treat any of you with the men and women who serve and by loved read about Vietnam or watch Vietnam mov- the respect, support, and compassion you de- ones at home who must bear separations, re- ies. When I did see the dedication on TV, part served. It was a shameful blot on our history coveries from wounds, and ultimate sac- of me was sad that I wasn’t there, but in 1982 to send our country’s young men and women rifices. off to this terrible conflict and then use our And 4th—As individuals, we learned that to I wasn’t ready to face Vietnam. I look at the Wall behind me and I see the soldiers as objects of blame for the divisive survive and succeed when conditions are ap- names of people I know—Bruce Kennedy and political struggle that ripped the nation palling and your life is on the line requires: Charlie Warner—I grew up with in Santa apart for a decade. moral and physical courage, competence, The names inscribed on this monument are self-discipline, and trust in your buddies. Monica, CA. We all went to school together. I look behind me and I see the names of those of men and women who went to Viet- THE FUTURE people I served with: Leroy Pitts, Al Gaidis, nam with their futures ahead of them and Our nation needs your help: who came back home only as memories to Zeddie Dulin, Chuck Springer, Lowell Mor- 1st, Help Vietnam Veterans in need. Get gan and Phil Schmitz. their loved ones. involved in state, local, and Veteran organi- More than 58,000 died and over 303,000 were I look behind me and I see the names of zations. offer your energy, time, money, and wounded. The bloodshed was terrible, and women who cared enough to volunteer to support. the suffering has not ended. At least 80,000 of help other Americans: Carol Drazba, Annie 2nd, Battle the evil of illegal drugs. Get in- our ranks still suffer from severe service- Graham, Elizabeth Jones, Hedwig Orlowski, volved in state, local, and community anti- connected disabilities; around 6 percent of Eleanor Alexander, Pamela Donovan, Mary drug efforts. our Vietnam War comrades suffer from drug Klinker and Sharon Lane. 3rd, Improve your community. Get in- abuse or dependence; 11 percent suffer from I look behind me and I see the name of volved in other activities to make your com- current alcohol abuse; many are homeless; Gary Jones, a person I loved very much. We munity better. Our nation’s leadership sys- and others still suffer from war-related psy- went to Vietnam, I came back and he didn’t. tem works from the bottom up. chological and physical problems. I look behind me and I see the name of pa- This continuing heavy human toll demands ENDING tients we were unable to save. One, I espe- that we Americans vigorously support the We stand before this black marble wall cially remember, he is engraved in my mind finest possible health care in our Veterans’ with row after row of names and salute fall- forever. I was able to find his family and I Administration facilities and sustain strong en comrades for their courage. We remember wrote them a letter. His mother wrote back outreach programs to assist Veterans suffer- the worlds of poet Laurence Binyon, who and these were her words, ‘‘when we received ing from drug and alcohol dependency and wrote at the end of World War I: word that our son was wounded, I wanted to physical and emotional wounds. Our nation ‘‘They shall not grow old, as we that are left go to him, to somehow be there for him, but needs to make the sacrifice for those who grow old, I could not be there. That is a mother’s sacrificed so much in Vietnam. Age shall not weary them, nor the years con- worst nightmare. You will never know what WHO WE WERE demn, it means to us to know that before he died, Who were we, who went to war in Vietnam? At the going down of the sun and in the someone was there to care. Thank you for all We were young. Our average age was 19. 60 morning you did.’’ percent of those killed were 21 or younger. In We will remember them.’’ I think of the friends who have died since my unit, B Company 2–7 Cav, 1st Cavalry di- Thank you Vietnam Veterans for your Vietnam, whose names are not on the Wall, vision, almost all of the troops were between service to America. but maybe ought to be, of BT Collins, whose 18 and 22—basically young men who rapidly contributions to the living and the dead will live on forever and of Doug Colliander, who turned into hardened combat soldiers. SPEECH OF ANN CUNNINGHAM We represented the face of America. We was a friend and died too soon. Today is Veterans Day—a day set aside to were men and women, rich and poor. 11 per- I look behind me at the memorial and honor the men and women who have served cent of our ranks were African-Americans. 5 think of the friends who have been dead now this country. percent were Hispanic. longer than they lived and of the impact We were the best educated troops our na- Today is also the 15th anniversary of the they made on my life. tion had ever sent to war. 79 percent of us dedication of the Vietnam Veterans Memo- To the veterans in the audience today, the had a high school education. rial—the Wall—which at the time of dedica- veterans of World War I, World War II, Most of us were volunteers. Many of our tion was scorned and ridiculed as a black Korea, Desert Storm, Somalia, Bosnia and best combat soldiers were drafted. More than gash of shame and today is the most visited Vietnam, especially Vietnam, I say ‘‘thank 70 percent of our killed in action were volun- of any Memorial in Washington. you for your service and your sacrifices for teers. United by circumstance and choice, we Today is also the 4th anniversary of the your country and welcome home. You are risked our lives for fellow soldiers and coun- dedication of the Vietnam Women’s Memo- very special people.’’ try. rial—which took 10 years to build and I feel We paid a high price for service to our would never have been built but for the te- f country. A grunt in the 25th Infantry Divi- nacity and determination of Diane Carlson INDIA FACES THREAT OF SELF- sion had a 75 percent chance of being killed Evans. People ask me which of the three or wounded. One in four marines became a women remind me of myself. They all re- DETERMINATION, PROFESSOR combat casualty. We suffered amputations or mind me of myself at one time or another, SAYS, FACES NO EXTERNAL crippling wounds at 300 percent the rate of but the one I am most drawn to is the kneel- THREAT our world War II forbears. ing figure. If you look closely at her face you We served honorably. 97 percent of us re- will see pain, sadness, exhaustion, and com- HON. EDOLPHUS TOWNS ceived honorable discharges. passion reflected there. All the women who OF NEW YORK We have been successful. Vietnam Veter- served in Vietnam and during the Vietnam ans enjoy incomes higher than our non- War had these traits—from the nurse in the IN THE HOUSE OF REPRESENTATIVES veteran counterparts. We also have an em- operating room, to the nurse in the ICU unit. Wednesday, November 12, 1997 ployment rate 1⁄3 higher than those who From the Red Cross women who read books never served in the armed forces. and wrote letters for wounded GI’s, to the Mr. TOWNS. Mr. Speaker, I noted with in- WHAT WE LEARNED Air Traffic Controllers who brought the terest the recent remarks of Dr. Ainslie The Vietnam War officially ended in 1975, planes home after their missions, from the Embree, a professor at Columbia University, more than twenty-two years ago. For many women who counted and tallied up the cas- at a seminar on ``India's Regional Security'' November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2335 held recently at the Henry Stimson Center Embree Professor Columbia University is the largest and most watched Armenian tel- here in Washington. speaking at a seminar held at Henry Stimson evision program. The show contains Armenian Professor Embree stated categorically that Center Washington. The topic was ‘‘India’s local, national, and international news. The India faces no external threat. The imminent Regional Security’’. He was the key-note speaker. hour-long program also includes cultural and threat to India is the movements for self-deter- Dr. Ainslie said India as well as Israel had community events along with Armenian music mination throughout the subcontinent, he said. been driving for commercial and cultural he- videos. He cited the freedom movement in Kashmir as gemony over the world. Focusing on Indian Horizon is administered under the direction the most immediate, but also cited the free- claims, he pointed out that in the brief 50 of the Asbarez Armenian newspaper and Edi- dom struggles in Nagaland, Tamil Nadu, and years of independence, India had already lost tor John Kossakian. I commend Mr. Kossakian Punjab, Khalistan. India takes the position that the role that the sub-continent played in the for his work with the Armenian publication self-determination movements are only used region during the Mughal and the British Asbarez and Horizon Armenian Television. In legitimately against a colonial power, but that rules. He said that during early days of independ- my district, which includes parts of Fresno, once a country is independent no part of that ence Nehru defined India’s problems as the Madera, Mariposa, and Tulare Counties, the country can claim its independence, as the communal problem, the caste problem and horizon show can be seen every Wednesday Sikh nation did on October 7, 1987, when it the language problem, but Nehru failed to from 5:30 to 6:30 p.m. on Media One (local reclaimed its freedom, forming the separate, mention the self determination as India’s channel 42). sovereign country of Khalistan. Sikhs ruled biggest problem. He said ironically, India it- Mr. Speaker, it is with great honor that I Punjab until the British annexation in 1849 and self was a big supporter of self determination congratulate Horizon Armenian Television as it were to receive sovereign power in 1947 when in those days, and would support all the lib- celebrates its 1,000th show. The show sig- India was made independent, so clearly it is eration movements against the colonial pow- nifies leadership in reporting Armenian news ers in Africa, Asia or Latin America. now India that is the occupying colonial power India changed its position on self deter- and information. I ask my colleagues to join in Khalistan, as well as Kashmir, Nagaland, mination in 1966, said Dr. Ainsilie. He said me in wishing Horizon continued success with and many other countries in South Asia. In that since 1966 India pronounced the self de- future programing. I extend to Asbarez and fact, there was no political entity called India termination movement as a movement Horizon my appreciation for a job well done. until the British created it in the nineteenth against an alien occupation, foreign occupa- f century. tion or a colonial occupation only; and once Professor Embree said that India will have a country was independent, no part of that TRIBUTE TO THE BLACK AR- to resolve the Kashmir issue by letting the country could claim independence, and thus CHIVES, HISTORY AND RE- no self determination movement was accept- SEARCH FOUNDATION OF SOUTH people of Kashmir exercise their political will able. through the referendum they were promised in FLORIDA, INC., ON ITS 20TH AN- The first self determination example of NIVERSARY 1948, but which India has never allowed to be South Asia is Pakistan, said Dr. Ainsilie, held. adding Pakistan was the result of self deter- Despite facing no external threat, India is mination movement by the Muslims of the HON. CARRIE P. MEEK building up its military might, especially its nu- sub-continent. He said apart from several OF FLORIDA self determination movements of South Asia clear capacity. Two Indian scientists admitted IN THE HOUSE OF REPRESENTATIVES in mid-October that India's supposedly peace- stretching from Nagaland to Tamilnad to Wednesday, November 12, 1997 ful nuclear explosion in 1974 was a bomb. In Punjab, the most important, most lasting one is the self determination movement of Mrs. MEEK of Florida. Mr. Speaker, I rise to addition, the chief of the Indian infantry said the Kashmiris. on October 23 that the Indian military is being He said India will have to resolve the Kash- pay tribute to the Black Archives, History and trained in nuclear and chemical warfare. A se- mir issue, even if it considers the UN resolu- Research Foundation of South Florida, which cret report, revealed on October 16, shows tion as an extreme position and impractica- is celebrating its 20th anniversary on Satur- that Indian plans to produce enough plutonium ble, India cannot ignore the movement and day, November 15, 1997. for 50 nuclear bombs within three years. will have to let Kashmiris exercise their This is indeed a milestone in the history of These frightening developments raise a will. this organization, given the countless struggles troubling question: If India faces no external Dr. Ainsilie emphasized that Kashmir is and challenges that ushered its humble begin- the core issue between Pakistan and India, nings. And as I join my community in recalling threat, why is it producing nuclear weapons and no one in Pakistan is interested in the and training its troops for nuclear war? There small matters like visa or trade facility, the role of Miami's Black Archives Foundation, are only two possible answers. Either these while is not ready to accept the Kashmir I also would like to honor Dr. Dorothy Jenkins weapons are a means of tightening the re- problem as a problem. Fields who serves as the catalyst behind its pression or India is planning to start a war On Siachen, Dr. Ainslie said that Paki- emergence as a respected institution. Almost with a neighbor, presumably Pakistan. I would stan’s position was logistically better than singlehandedly, Dr. Fields helped turn around warn India right now: The world will find any India’s, so that Pakistan had to spend much a neglected part of Miami's cultural heritage nuclear attack unacceptable and a war will less than India. India is bleeding at Siachen, into a living, breathing lesson about the black he added. experience in south Florida for students, only strengthen the hand of the freedom Dr. Ainslie Embree is also a member of movements in the countries India occupies. Kashmir Study Group, and the team leader adults, and researchers alike. In light of these revelations, especially since who recently visited Pakistan, where he met In preparation for the celebration of our Na- India refuses to sign the Comprehensive Test with Foreign Minister Gohar Ayub, Informa- tion's 200th birthday, she conceived and de- Ban Treaty, India should be declared a nu- tion Minister Syed Mushahid Hussain, Min- veloped the concept that hastened the estab- clear threat to the world and appropriate secu- ister of State for ‘‘Agenda 2001’’ Ahsan Iqbal. lishment of this cultural institution. In- rity measures should be taken. We should f corporated on November 17, 1977, as a pri- place tough sanctions on India, cut off its aid, vate, nonprofit organization, the Black Ar- and support the movements for self-deter- CONGRATULATIONS TO HORIZON chives, History and Research of South Florida, mination in Khalistan, Kashmir, Nagaland, and ARMENIAN TELEVISION Inc., is presently governed by a board of direc- all the nations of South Asia. We must support tors and supported by a board of trustees. freedom wherever and whenever we can. We HON. GEORGE P. RADANOVICH Funded solely by its members, donations and can make a real difference in South Asia. We OF CALIFORNIA grants, the foundation is dependent upon its must begin supporting freedom in South Asia IN THE HOUSE OF REPRESENTATIVES volunteer help. now. This institution serves as a manuscript/pho- I am inserting an article from the news serv- Wednesday, November 12, 1997 tographic repository of south Florida's African- ice NNI on Professor Embree's remarks into Mr. RADANOVICH. Mr. Speaker, I rise American communities. The materials in this the RECORD. today to congratulate Horizon Armenian Tele- repository are collected for educational pur- INDIA FACES INTERNAL THREAT NOT vision on the occasion of their 1,000th show. poses for users, which include students, EXTERNAL; AMERICAN EXPERTS Horizon signifies excellence in Armenian tele- teachers, scholars, researchers, the media, (By Ainslie Embree) vision broadcasting. and the public-at-large. The memories of the WASHINGTON, October 28 (NNI).—The only On Friday, November 7, Horizon Armenian pioneers, family albums, photographs, docu- threat to Indian security is internal not ex- Television celebrated its 1,000th show with a ments, souvenir programs from churches and ternal, and the internal threat is the ‘‘self gala banquet at the Universal Sheraton in Los organizations are preserved in its burgeoning determination threat,’’ said Dr. Ainslie Angeles. As a statewide television program, it files. Additionally, it identifies historic sites for E2336 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 nomination to local, State, and national des- INTRODUCTION OF THE POLICE It only makes sense for our financially ignation. As a result of the collected docu- PURSUIT AND RESCUE SUPPORT strapped police departments to have access to mentation, the historic Overtown Folklife Vil- ACT that equipment, already paid for by taxpayer lage and Dade County's Black Heritage Trail dollars, to safely pursue criminals and rescue came to fruition. HON. CAROLYN C. KILPATRICK citizens. My bill gives local police departments It also works in conjunction with the Dade OF MICHIGAN the flexibility to design policies that will protect County Public Schools by providing content for IN THE HOUSE OF REPRESENTATIVES citizens, police officers, and save taxpayers untold sums in wrongful death lawsuits. the Infusion of African-American history into Wednesday, November 12, 1997 f existing curriculum utilizing source materials Ms. KILPATRICK. Mr. Speaker, today, along for school children of all races throughout the with Congressman MARTIN FROST and Con- 10TH ANNIVERSARY OF THE EDI- school year. It also initiated the restoration of gresswoman JUANITA MILLENDER-MCDONALD, I SON INDUSTRIAL SYSTEMS CEN- several historic sites including the Dr. William am introducing the Police Pursuit and Rescue TER A. Chapman, Sr. residence. Located on the Support Act. This legislation is very simple: it campus of Booker T. Washington High will allow for our financially strapped police de- HON. MARCY KAPTUR School, the house was restored for reuse as partments to utilize Department of Defense the Ethnic Heritage Children's Educational OF OHIO helicopters and other equipment to pursue fel- IN THE HOUSE OF REPRESENTATIVES Center. ons or rescue citizens. Wednesday, November 12, 1997 One of the more recent joint ventures it High-speed police pursuits are an unfortu- worked out with the Dade County Public nate consequence of the very difficult job that Ms. KAPTUR. Mr. Speaker, I rise today to Schools is the creation of a district-wide, multi- our local police officers must do everyday. In recognize the 10th anniversary of the Edison cultural and multi-ethnic research and edu- 1996, 377 persons nationwide were killed as a Industrial Systems Center. On November 6, cational facility for students, teachers, and the result of these high-speed pursuits, with 107 1997 EISC will celebrate its long history of community. The objective is to provide oppor- of these fatalities being occupants of other, achievement and contribution to the busi- tunities for students at all grade levels to cele- uninvolved vehicles or innocent bystanders. nesses and citizens of Ohio at a celebration to brate the rich variety of cultures in Dade Two persons in my congressional district have be held at the center of science and industry County. This program enables students to died as a result of these high-speed pursuits in downtown Toledo, OH. record the past in relation to the present, as this year. Their deaths inspired me to seek a EISC has been a tremendous force in help- well as ponder the possible events of the com- reasonable and workable solution to this chal- ing to link companies to high tech resources in ing century. lenge. Helicopters have been shown to be a Ohio and throughout the Nation. These con- more cost-effective and efficient device in nections have been instrumental in increasing The documented materials that now form high-speed pursuits. However, the high ex- production and in improving the quality of the wealth of the Black Archives Foundation pense to purchase and maintain a helicopter products and employee skills in industry. collectively represent a stirring graphic journey is prohibitive to many local police depart- One of EISC's major accomplishments is into the inner sanctum of some of the most ments. the revolutionary and much acclaimed Toledo vivid life-experiences of African-Americans in The Police Pursuit and Rescue Support Act Technology Academy. The academy's goals Dade County. The soul-searching representa- will allow local police departments to utilize are to prepare high school students for high- tion captivated by its historic documents per- helicopters or any other equipment from the tech careers or for further education in engi- sonify not so much the black destination, as local Army, Navy, Air Force, Marines, or Coast neering disciplines. much as the episodic journey of our pioneers Guard branch to pursue fleeing criminals or Food production is Ohio's largest industry to that destination. Together they evoke the rescue citizens. Upon the submission to the and EISC's food technology centers work to truism of a revered African Ashanti proverb Department of Defense of high-speed pursuit modernize food producers who still rely on that ``* * * until the lions get their own histo- and rescue guidelines by the local police de- outdated technology for quality control. Mod- rian, the story of the hunt will always glorify partment, the Department of Defense will ernization provided by EISC through this pro- the hunter.'' make helicopters and other equipment avail- gram vastly improves plant safety, product Mr. Speaker, I am truly proud of the pio- able, with a pilot and maintenance person, consistency and profits. neering efforts and resilient spirit of Dr. Doro- free of charge, to the local police department. Among the innovations created under the thy Fields that nurtured the spirit of the Black This would be a mutually agreeable arrange- food technology centers are several new types Archives Foundation in south Florida. The sig- ment: the local police department and the of food sensors that measure quality. Germ nificance of the role of the foundation is pre- local Army, Air Force, Coast Guard, or Navy free packaging methods instructed by EISC mised on the paradigm in that when you stifle base both must conclude that this arrange- are another helpful addition to the industry, im- the remembrance of your people's past, you ment is practical, feasible, and financially re- proving the safety of our food. will have silenced the promise of their future. sponsible. The center for technology commercialization Conversely, however, I am exultant that under The Police Pursuit and Rescue Support Act offers a variety of services to firms. Attorneys, the aegis of this revered institution our com- is a voluntary program that allows local police accountants, and financial institutions main- munity has truly become redemptive and departments to draft their high-speed pursuit tained by this division are available to compa- knowledgeable of the struggles and sacrifices and rescue guidelines, submit these to the De- nies as a form of cost-effective support. of our African-American forbears. partment of Defense, and upon approval of Companies in the city of Toledo, OH, and these guidelines, work with their local branch throughout the Nation are indebted to EISC for As we honor them through the celebration of the Department of Defense to establish ex- its work. I will be pleased to join my commu- of the 20th anniversary of the Black Archives actly how, when, and where this emergency nity on November 6, 1997, to commemorate Foundation, we will have become once again equipment would be used. Each local police the strides EISC has made in 10 years of their partners in exploring the journey they department would have the flexibility to design growth and betterment to industry. begun. In the convergence of our spirits and and develop their own high-speed pursuit f memories with theirs, we will be enriched be- guidelines. As a former elected Michigan State cause through our understanding of the many legislator, I am sensitive to mandates in a HONORING ASSEMBLYMAN JAMES and varied messages they left us through their one-size-fits-all fashion coming from Washing- F. BRENNAN life's journeys, we will be inextricably linked ton, DC, and stringently avoided any such pre- closer to them. requisites in the Police Pursuit and Rescue HON. EDOLPHUS TOWNS On this occasion, I want to congratulate the Support Act. OF NEW YORK board of directors and the board of trustees Finally, this bill will make Department of De- IN THE HOUSE OF REPRESENTATIVES for their steadfast efforts and genuine resil- fense equipment available for the rescue of ience throughout the Black Archives Founda- citizens. Many of our cities have high-rise of- Wednesday, November 12, 1997 tion's 20-year history. I would like to reiterate fice buildings that are inaccessible by the Mr. TOWNS. Mr. Speaker, I rise today to our community's utmost gratitude for giving us longest hook and ladder fire trucks. There are honor the work and achievements of Assem- the privilege of maximizing our knowledge of those accidents and catastrophes that are only blyman James F. Brennan. the vast richness and nobility of our African- accessible by the high technology, advanced Jim Brennan represents the 44th assembly American heritage. vehicles available to our armed services. district containing section of Park Slope, November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2337 Flatbush, Kensington, Parkville, Midwood, and Users Association in 1977, and was elected IN MEMORY OF JOHN MILSTEAD Windsor Terrace. Since 1994, Jim has chaired president of its board of directors at the first the assembly standing committee on mental meeting. He held the position for 20 years, re- HON. BILL McCOLLUM health, mental retardation and developmental tiring in June 1997. Under his leadership, the OF FLORIDA disabilities. Mr. Brennan also serves on four association expanded its membership to in- IN THE HOUSE OF REPRESENTATIVES committees: corporations, authorities and com- clude urban contractors such as the Santa missions; education; and real property tax- Clara Valley, the city of Tracy and the Grass- Wednesday, November 12, 1997 ation. lands Water District. Mr. MCCOLLUM. Mr. Speaker, I rise with In his 12 years in the legislative, Mr. Bren- The Western Division of the Wilbur-Ellis Co., great sorrow over the loss of a good friend of nan has sought to champion consumer protec- headquartered in Fresno, has been serving many of us in the Florida delegation, John tion, energy conservation, and social and eco- the San Joaquin Valley and Arizona for 51 Milstead, and to give condolences to his fam- nomic justice. He is well known for his exper- years. The company was selected by a com- ily. On Sunday, November 9, 1997, John suf- tise on budget matters, school aid, and utility mittee representing the AG Fresno Advising fered a massive heart attack while at home. regulatory matters. He is the author of a major Board, the Baker, Peterson & Franklin [BP&F] He passed away that night at the age of 62. piece of budget reform legislation, the tax ex- AG Department, and other organizations as a John Milstead was the executive vice presi- penditure budget. This law, passed in 1991, winner of the 1997 BP&F AG Business Award. dent of the Florida Bankers Association [FBA] requires the Governor to submit an itemized for the last 24 years. In that role he was in- The Western Division of the Wilbur-Ellis Co. list of every special tax break that exists within strumental in many of the major changes in is actively involved in testifying, lobbying, and the State tax code as part of the budget. This the banking industry over the last quarter cen- helping to influence legislation for the reform gives the legislature and the public the oppor- tury. John was government relations for the of the Endangered Species Act, pesticide tunity to scrutinize each tax break and to de- FBA both in Washington and Tallahassee. safety, water issues, and tax reform. They en- termine if it has a benefit to the public as well Legislators of all stripes knew and liked courage their 400 employees to be actively in- as to the private parties involved. Mr. Brennan John, and he will be missed by many. It was volved in community service. The company also authored the exemption from the vault tax always a pleasure to visit with him, both in also provides its employees company time to for New York City homeowners and the ex- Washington and back home in Florida. His pursue their interests. The company sells pes- emption from the New York City personal in- lack of pretense and absolute sincerity in per- ticides and fertilizers through 18 branch loca- come tax for poverty level taxpayers. sonal and professional relationships made him tions, and its AMC subsidiary manufactures Mr. Brennan maintains an active presence a special person. John always knew the issue spray rigs and equipment. The company in his district, participating in the many civic, and argued his cause, but he was never abra- prides itself on the exceptional service to their school, and community improvement efforts sive. He was warm, generous, and thoughtful customers. with his constituents. To better serve his con- with everyone with whom he came in contact. stituency, he maintains two district offices. He Mr. Speaker, it is with great honor that I Mr. Speaker, no words could do justice to how was first elected to the assembly in 1984 after congratulate both C.W. ``Bill'' Jones and the fine a person John Milstead was. working for his predecessor, Joseph Ferris. Western Division of the Wilbur-Ellis Co. as Our sympathy goes to John's wife Chris, his Mr. Speaker, please join me in congratulat- they are presented with the Fresno Agricultur- two sons, three daughters, and six grand- ing Assemblyman Jim Brennan for all of his ist of the Year and the AG Business of the children. years of faithful service to his country and to Year Awards. The hard work and dedication of f the 44th assembly district of Brooklyn, NY. both Mr. Jones and the Wilbur-Ellis Co. serve f as a model for all Americans. I ask my col- IN MEMORY OF HON. JUDGE leagues to join me in wishing Mr. Jones and ANGELO DARRIGO CONGRATULATIONS TO C.W. the Western Division of the Wilbur-Ellis Co. ‘‘BILL’’ JONES AND THE WEST- the best for the future. HON. BENJAMIN A. GILMAN ERN DIVISION OF WILBUR-ELLIS OF NEW YORK CO. f IN THE HOUSE OF REPRESENTATIVES HON. GEORGE P. RADANOVICH IN MEMORY OF ANNE DOYLE Wednesday, November 12, 1997 OF CALIFORNIA Mr. GILMAN. Mr. Speaker, it is with deep IN THE HOUSE OF REPRESENTATIVES regret that I inform our colleagues of the pass- HON. DENNIS J. KUCINICH ing of a truly outstanding member of the bar Wednesday, November 12, 1997 OF OHIO in my congressional district, a credit to the Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES bench, the Honorable Judge Angelo Darrigo. today to congratulate C.W. ``Bill'' Jones and Angelo was first elected town justice in the the Western Division of the Wilbur-Ellis Co. as Wednesday, November 12, 1997 town of Newburgh, in Orange County, NY, in they are presented with Fresno Agriculturist 1957. He was reelected every 4 years since Mr. KUCINICH. Mr. Speaker, I rise today to and Fresno AG Business of the Year Awards. and accordingly served on the bench for near- honor the memory of Anne Doyle of Bill Jones and the Wilbur-Ellis Co. exemplify ly 40 years. It is a credit to the high regard in Brecksville, OH. A Cleveland native, Anne excellence in the agriculture industry. which he was held that he was unopposed for successfully managed a family, a career, and Bill Jones, originally from Big Spring, TX, reelection. In fact, he was reelected without several community activities. graduated from the University of California, opposition to his 11th 4-year term on the Davis with a bachelor of science degree in ag- In 1959, Anne was named Mother of the bench just last week, 4 days prior to his pass- riculture. After being honorably discharged Year by the Southeast Mothers of Twins Club. ing. with the rank of captain from the U.S. Army She gave birth to twin sons, one of whom had Angelo was a combat veteran of World War Air Force, Bill Jones returned to the Central Hodgkin's disease, only 11 months after the II, serving in the Army Air Corps. When he Valley where he worked as a fertilizer sales- birth of her first child. She and her husband, and I came to know each other, when we man. In 1949, Jones acquired 1,200 acres of Bertram, welcomed their fourth child when were both studying law in New York City, we farmland in the Firebaugh Canal Co. and start- their oldest was starting kindergarten. Juggling shared many memories of our experiences as ed J & J Farms. In 1968, Bill was appointed an active household with four young children Army Air Corpsmen. to the California Water Commission by then- and budgeting her time to include activities Angelo was known not only for his compas- Gov. Ronald Reagan. During his time of serv- such as Cub Scout den mother and singing sion and fairness on the bench, but also as a ice on the commission, he was known for rec- with the Sweet Adelines prepared Anne for skilled legal practitioner whose door was open ognizing the importance of water development her later career. She served as an administra- day or night for anyone seeking his wise coun- throughout the State. J & J Farms has contin- tive assistant of parking and security for sel and advice. Angelo will be sorely missed. ued to grow and add a number of crops to its Cleveland State University for 9 years. Mr. Speaker, I invite our colleagues to join production ledger, including cotton, melons, al- Anne's strong family values, and her excep- with me in expressing condolences to falfa, corn, tomatoes, onions, garlic, broccoli, tional Czechoslovakian recipes, will endure in Angelo's widow, Antoinette, their three sons, lettuce, and other vegetables. her three surviving sons, Michael, Kenneth, Carl, Michael, and Anthony, their two grand- Bill Jones played a key role in the formation and William, and her five grandchildren. She daughters, Angelo's sister Mary Russo, his of the San Luis and Delta-Mendota Water will be greatly missed. brothers, Frank and Thomas, and their many E2338 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 other family members, loved ones, friends, just the last 3 months, nearly 3,000 more jobs But over the last 20 years, particularly since, and admirers who recognize that Judge An- have been moved to Mexico alone. Yes, Mr. fast track has become a device to end run gelo Darrigo will be sorely missed. President, more people are working but they Congress, America has amassed enormous f are working harder for lessÐ4 percent less trade deficits that today lop one full point off since NAFTA and GATT even in this time of of U.S. GDP, representing $1 trillion in lost in- FAST TRACK economic growth, and 20 percent less over come. the last 20 years. The pattern is familiar. Dole Pineapple, for HON. MARCY KAPTUR Just ask thousands of Americans whose example, closes down all its production in Ha- OF OHIO jobs are being fast-tracked outside the United waii, abandoning thousands of employees, IN THE HOUSE OF REPRESENTATIVES States as we conduct this polite debateÐthe moves its operations to low-wage havens such Wednesday, November 12, 1997 279 recently terminated workers at Eveready as Vietnam and Thailand where field workers Battery in Fremont, OH; or the 350 terminated are paid with three meals a day. Dole's female Ms. KAPTUR. Mr. Speaker, by defeating workers at Jansport in Burlington, WA; or the processing workers earn pennies an hour, and fast-track negotiating authority, the House 1,500 workers that got pink slips at Fruit of the the pineapple they can is then shipped here to holds a rare and, in fact, profound oppor- Loom in Louisiana this Tuesday; or the 10,000 the United States for sale. All the while the tunityÐafter nearly two decades of growing at Kodak in Rochester, NY and elsewhere price-per-can increases. Dole stock rises on pleas from the American peopleÐto define a who await their layoffs this week; or the thou- Wall Street, but the workers on Hawaii's main new and responsible American free trade pol- sands of vegetable farmers and production street get pink slips, while the productive ca- icy where trade becomes a two-way corridorÐ workers in Florida whose futures have been pacity of Hawaii is diminished. The story is the where reciprocity reigns; where America's permanently altered because our Government same whether it is a Japanese corporation trade ledgers move from deficit to surplus failed to respond in a timely manner to the im- such as Bandai, or Nike, or dozens of others again; where fair treatment and a living wage port surges that wiped out over 225 farm oper- who trade off people's sweat for money. is afforded people who work, and where the ations since NAFTA's passage. Talk to the wages and benefits earned by America's What we see is a handful of giant global hundreds of thousands of terminated workers firms, many with assets larger than nation workers rise again; where the rule of law gains whose jobs have been fast-tracked, and who ascendancy on a global basis; where respect states, who hold no national allegiance and if they have been re-employed, now earn $2 gravitate to the lowest common denominator for the world's environment is fundamental; less per hour on average than on their pre- where we as Members of Congress uphold in wage scales. They are the ones who have vious job, many of them working part-time, or the front row seats at the World Trade Organi- our own sovereign constitutional responsibil- for reduced hours with lower or nonexistent ities as this Nation's chief lawmaking body on zation in Geneva. They continue to monopo- health and pension benefits. lize the benefits of the current trade regime. trade. On the global front, it's time for a realign- Congress must respond to the plight of peo- ment of U.S. trade policy that goes beyond the I can understand why these groups support ple like Ethel Tyner or David Filipiak or Gri- narrow tariff and investment focus of NAFTA fast track and other means to limit congres- selda RodriquezÐour fellow citizens who have and GATT. America must not trade away its sional debate and perusal of these vital agree- paid the price of flawed trade agreements. Our middle-class jobs. Expanding trade must be ments. What other measures that come before trade policy cannot abandon people such as linked to democracy building and social devel- Congress are subject to after-midnight votes, Wanda Napier of Missouri, who had worked opment abroadÐfree trade among free peo- Congress being held hostage, and such arm- for Lee Apparel for 14 years and whose job ples. twisting. Let me remind you these global firms was terminated and moved south of the bor- As John Kennedy taught us, ``economic have not created a single net new job here at der. growth without political freedom elsewhere re- home in the past quarter century. So isn't it Like millions of other Americans who remain mains an empty promise'' in history's long time for us to take account of their ledger, and invisible to the persistent proponents of fast struggle toward the liberation of subjugated demystify it for the American people. track, Wanda was on the losing end of fast people. Tonight, we demand an international What has happened in the past 25 years is track. Vanity Fair Corp., parent company of trade policy that respects people as much as that the United States has become the resid- Lee Apparel which has been expanding its op- it respects capital. ual importer for world markets that largely re- erations in Mexico and other foreign countries Will the trade rules that govern that global main closed to us. The important figure is the while terminating 1,650 more jobs in the Unit- market ensure that trade does not become a net of exports minus imports. On this the Unit- ed States, suddenly announced in September race to the bottom, undermining America's ed States has been the clear loser for over 1996 it was closing the plant where Wanda jobs, wages, and consumer and environmental two decades. had worked for over a dozen years, throwing protections? Will it lead to the development of The United States racked up a $170-billion 350 Americans out of work. democracy and the rule of law in other nations trade deficit for 1996. Add this to the deficits President Clinton, after failing to acknowl- or simply enforce plutocracy? The question for of the previous 20 years and the trade debt edge her plight for nearly 2 years rec- the 21st century is whether the world trade re- represents $1.8 trillion of wealth transferred ommended the fast-tracker's panacea to gime will foster a global village or a global from the American people to foreign credi- WandaÐretraining. Well, she went for retrain- plantation. So far, U.S. trade negotiators have torsÐa massive loan from foreign countries ing. In her own words, been successful in safeguarding capital which must eventually be repaid. Our trade We were ridiculed and humiliated by the rightsÐforeign investment, copyrights, and deficit with China will surpass $40 billion this local division of Employment Security. Even corporate prerogatives but unsuccessful in year; post-NAFTA, our surplus with Mexico though most of us had never asked the Unit- safeguarding people's rightsÐa living wage has fallen to an $18-billion deficit; our annual ed States government for a dime in their and decent working conditions, a safe environ- $50-billion deficit with Japan remains intracta- lives, we were treated like we were worthless ble. In fact, for every country with which the and had our hands in the government till. We ment, and a lift in the standard-of-living for our were told we couldn’t go the schools we people as well as those from other lands. If United States has negotiated a fast-track wanted or take the training we needed. We America keeps its markets open while other agreement, our Nation has fallen into deficit. were told that the only training we could global markets remain highly hurdled, we will Since the United States hold a positive trade have was the quickest, the fastest, and the continue to erode our middle-class standard- balance with Chile and the MERCOSUR na- cheapest. of-living and degrade the world's environment. tions, why rock the boat? Shouldn't Congress Today Wanda works for two-thirds her America has a moral duty to assure that the exercise its responsibility to correct that which former wage and receives no health benefits global marketplace benefits everyone, not just is wrong with the current system before ex- or pension. those capital interests with the deepest pock- panding it? A vote against fast track is a vote of con- ets. If the trade deficit keeps growing at this rate science that puts a human face on trade. It is U.S. TRADE DEFICITS HAVE EXPLODED for another decade, the United States will es- a vote that says where trade is not a two-way Let us look for a moment at the ledger. For sentially be paying the equivalent of 2.5 per- street, serious human casualties prevail. The a century, America has been the world's lead- cent of our GDP in trade debt serviceÐvir- President claims that fast-track trade agree- ing trading nation. We still are. Whether the tually all of the recent annual increase in the ments create ``good, high-paying jobs at United States will lead the world in the next GDP! This means our people pedal harder but home.'' What jobs? The Economic Policy Insti- century is not the question. The question is their bicycles still slip backward. Moreover, tute has identified almost 400,000 more lost where will we lead. Until the mid 1970's, U.S. this continued hemorrhaging of U.S. jobs and U.S. jobs, 19,000 in Ohio, just from NAFTA. In trade accounts had been generally in balance. industry hollows out our manufacturing and November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2339 agricultural base. There is a difference be- potential consumers, 80 percent are only win- gularly compelling moment here in the House tween Wall Street's paper money and produc- dow shoppers, low-wage workers or subsist- that our fight would continue in the tomorrows tive wealth. ence farmers. Under the fast track agree- to comeÐa fight against the narrow visions of If the United States does not take the initia- ments, we don't sell a net positive balance of the elites and Wall Street who would abandon tive to modernize our trade policies at this his- consumer goods to other countries; we send those who work in our factories, on our farms, torical moment at the dawn of the 21st cen- capital and capital goods out of our country and on Main Street. We have continued val- tury, I ask, what country will? Who will carry where goods are assembled by low-wage iantly in our efforts, and we can be proud as the burden to root our trade agreements in our workers often employed for ``hunger wages,'' we vote here today. For it is in our hearts, that fundamental national values, beginning with and then re-exported back to the United reside the truest principles of democracy, individual dignity and justice for all. States and sold here at high pricesÐU-turn prosperity, and respect for ordinary people of The ongoing fast-track debate has served to goods. Mexico is the prime example. NAFTA extraordinary spirit. Our victory gives hope to illuminate the deficiencies of oldstyle trade assured that Mexico would become one of the those in our world who struggle for democ- agreements. It cannot pass on its merits. The primary low-wage export platforms to the Unit- racy, for labor rights, for human health and frantic wheeling and dealing by the White ed States market, presently surpassed only by safety in the workplace, and for the right to House and the Republican leadership that China. Nearly 3,000 plants have located just speak out as we have spoken out today. characterized the last 100 hours of the debate south of the border and they are called ``in- When the vote on GATT occurred, we said shows the opponents of fast track have al- bond'' plants. I agree; labor is held in bond- when that vote was over, it would not be over. ready won a great moral and intellectual vic- age. Since NAFTA, the Mexican domestic Its consequences would be felt for years to tory. So in a historic and troubling last-minute market has shrunk but its export market, pri- come. As a result of the elections of 1994 and search for votes, every conceivable lure has marily to the United States, has expanded dra- 1996, we have been joined by many new been used to dangle in front of undecided matically. This process keeps putting severe Members of Congress, on both sides of the membersÐChristmas tree provisions in appro- downward pressure on United States living aisle, who fought to be our new partners and priation bills, threats to take away Members' standards. If Europe and Japan maintain posi- in that fight to forge a new American respon- chairmanships, tax breaks for southern towns, tive trade balances with Mexico, why is it only sible trade policy. These colleagues did not bridges, roads through national forests, finan- the United States that keeps digging a hole of share our experience as we battled NAFTA in cial help in upcoming primary and general debt with Mexico deeper and deeper? And 1993 and GATT in 1994. But they have heard elections, trade preferences for sub-Saharan with China? And with Canada? the will of the American people as they cam- African nations, tobacco subsidy guarantees, HEALTH, SAFETY AND DRUGS paigned for the seats they now hold, and they wheat ad wine dealsÐyou name it; it's on the What does a fast-tracked trade policy mean have made the difference. table. for the quality of American life? Danger. Since Out of these many battles in a long struggle It my 15 years in Congress, this type of taw- 1990, food-borne outbreaks in the United has come a deep awareness on the part of dry, unyielding pressure convinces me just States from imported food have included: the American people that trade and jobs are how powerful the forces resisting change are. shigellosis from imported green onions; sal- inextricably linked and that people matter It also tells me how strong are the oaks in this monella from imported cantaloupe and im- more than profits. On the floor of this House, Chamber who have stood against the wind. ported alfalfa seeds; cyclospora from imported we not hear the voices of those who bear the We have scored a real victory for the Amer- raspberries; and cholera from imported coco- pain of NAFTA, the indignities of GATT. We ican people and light a roman candle for the nut milk. In Michigan earlier this year, more must now proceed to constructively fashion a dignity of working people everywhere. than 200 cases of hepatitis A were associated trade policy that moves America and the world DOES THE PRESIDENT NEED FAST TRACK? with frozen strawberries imported from Mexico into an era of trade-linked advancement for This and preceding administrations have ne- and illegally labeled as United States grown. people or ordinary means. gotiated over 220 trade agreements without Strawberries imported from Mexico were found I said in 1993 and again in 1994 during the fast-track authority. The Uruguay round of the to have an 18.4 percent violation rate for ille- GATT debateÐalso scheduled after midnight GATT proceeded for several years without fast gal levels of pesticides in 1993. A 47-count in- during a lame duck session of CongressÐthat track. The Clinton administration is currently dictment was brought against a California firm working people would remember those votes. negotiating a multilateral agreement on invest- for fraudulently labeling Mexican grown straw- I say again America's working families will re- ment without fast-track authority. The United berries as United States grown. On May 29 member this vote as well. Let history show it States-Israel Free Trade Agreement was ne- the Centers for Disease Control reported that was here, together, in the people's House gotiated without fast track. The President has imported raspberries were the cause of a where the journey began to enshrine in trade constitutional authority to negotiate with other 1996 outbreak of hepatitis. laws the highest ideals of a free people. Let sovereign nations. The only reason the Presi- Yet inspection of produce for pesticides on us inspire a world where the majority long for dent needs fast track is so he doesn't have to imported food has been reduced. The abso- a better way of life along the path that leads, seriously consult or negotiate with Congress. lute number of imported food sample inspec- not back to the 19th century, but forward to Think about it. Without fast track, U.S. trade tions decreased from 6,463 in 1993, to 5,448 the 21st. negotiators will be in a stronger position vis-aÂ- in 1994, and to 5,032 in 1995Ða decrease of f vis our trading partners if they have to sell the 28 percent over that period. Inspection of im- deal to Congress. The suggestion that our ported Mexican produce declined from 1,820 HONORING JOSEPH SULTAN trading partners won't deal with us without fast samples in 1993 to 1723 samples in 1995 track is ludicrous. If President Clinton can say, even though imports doubled. The food provi- HON. EDOLPHUS TOWNS ``I want to do this, but Congress is insisting on sions of NAFTA constrain food safety and ag- OF NEW YORK inclusion of these provisions . . .'' doesn't that ricultural disease and pest inspections. NAFTA IN THE HOUSE OF REPRESENTATIVES strengthen his hand? specifically forbids imported food from being Wednesday, November 12, 1997 Congress certainly is capable of dealing inspected at the border more thoroughly than with extremely complex legislation. Each year, the same domestic commodity. Mr. TOWNS. Mr. Speaker, I rise today to we pass 13 highly complex appropriation Moreover, under NAFTA we have not just honor the work and achievements of Joseph measures, thousands of pages in length. Each opened our southern border to unsafe food. Sultan. year, we adopt a defense authorization bill We have thrown the door open for the impor- Joe Sultan is a Brooklyn native who grad- thousands of pages in length. And hasn't Con- tation of the illegal drugs that degrade and de- uated from Abraham Lincoln High School in gress dealt with budget and tax measures stroy our communities. Key provisions for 1972. He attended the Cooper Union for the thousands of pages in length, controlling hun- cross-border trucking have been relaxed re- Advancement of Art & Science where he re- dreds of billions of dollars in spending and sulting in Mexico becoming the primary route ceived his bachelor of architecture degree in taxes? for the importation of drugs into the United 1976. MAKING IT THERE AND SELLING IT HERE States. The vast majority of trucks entering the After graduation, he worked for such pres- The United States represents about 4 per- United States from Mexico enter without in- tigious architectural firms as Davis Brody As- cent of the world's population and enjoys spection. sociates, Giorgio Cavaglieri and Warren Gran about 22 percent of the world's products. To During the closing moments of the NAFTA & Associates. maintain our standard-of-living, it is argued, debate in 1993 when it was clear that our po- In 1983, Joe established his own firm. Sul- we have to sell to the other 96 percent of the sition was on the short end of the votes, we tan Associates and in 1991 merged with War- world's population. But of the world's 6 billion promised the American people during that sin- ren Gran & Associates to form Gran Sultan E2340 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 Associates. Together Joe and Warren Gran RELIEVE THE TAX BURDEN But the nation’s true leaders are those who have completed numerous schools for the understand the history of American tax- New York City School Construction Authority, ation. They understand how hard Americans HON. BOB SCHAFFER work to pay their government’s largess. four SRO's for mentally ill adults and many OF COLORADO They realize that our nation once did well to other commercial, residential, and institutional IN THE HOUSE OF REPRESENTATIVES rely on national sales taxes (we called them projects. tariffs then) to fund all government oper- Wednesday, November 12, 1997 Joe is currently designing the home for the ations. And our best leaders recognize today Mr. BOB SCHAFFER of Colorado. Mr. that a nation which ventured beyond a na- Long Island Children Museum and Crosby tional sales tax has become perpetrator of a Commons, a 67-apartment assisted living resi- Speaker, I rise today to share some thoughts about taxes. The tax burden on Americans is sick irony, embracing the very precepts dence for United Methodist Homes of Con- out of control and not being eased fast against which it once rebelled, denying the necticut. He has taught construction tech- fruits of real liberty with an arrogance of enough. As we debate the best way to give nology at New York University as a visiting royalty and all the while crushing its people Americans much needed tax relief I urge my lecturer and his work has been featured in the under the weight of oppressive taxation. colleagues to consider the comments of a national media. He and Warren have been Mr. Speaker, as we move forward in our constituent of mine, Brandi Graham, of Fort quest to relieve the tax burden, let us keep named local heroes by Time magazine for Collins, CO. their work in supportive housing. these comments in mind. Taxpaying Ameri- In 1914 the United States was preparing to cans desperately deserve to make their own Mr. Speaker, please join me in congratulat- enter into the most mammoth war the world decisions on how their hard-earned money ing Mr. Joseph Sultan for all of his years of had ever seen. She was strapped for the nec- essary cash to fund the unprecedented devel- should be spent. faithful service to his country and to the 10th f Congressional District of Brooklyn, NY. opment, training, and transport of troops and weaponry across the globe. It was inar- A COMPACT FOR AMERICA’S FU- guably the greatest financial challenge the f growing nation had faced. TURE: SAVING SOCIAL SECURITY Congress took to radical measures. Among FOR OUR GRANDCHILDREN TRIBUTE TO JUDGE RICHARD T. others, it enacted a temporary federal tax on FORD income. It was a spirited debate that pro- HON. NICK SMITH duced the 16th Amendment. OF MICHIGAN The first tax rate was a flat one percent of IN THE HOUSE OF REPRESENTATIVES HON. GEORGE P. RADANOVICH all income earned. An amendment was of- fered that would have capped the all-time Wednesday, November 12, 1997 OF CALIFORNIA federal tax rate at two percent. Unfortu- Mr. SMITH of Michigan. Mr. Speaker, a few nately, the amendment was defeated. Many months ago, I received a letter from one of my IN THE HOUSE OF REPRESENTATIVES of the legislators wondered if allowing the constituents, Betty Dowdling of Marshall, MI, Wednesday, November 12, 1997 federal government to tax individual income would be the slippery slope toward a govern- urging me to continue working on preserving Social Security for future generations. ``It is Mr. RADANOVICH. Mr. Speaker, I rise ment that would confiscate the earnings of its citizens. Tragically, their fears were to most certainly not fair to leave big debts for today to pay tribute to Judge Richard T. Ford become realized. our children and grandchildren,'' she wrote. upon his retirement on the U.S. Bankruptcy In 1997, Americans worked through the She's exactly right. The good news is that Court. Judge Ford's years of dedicated public month of May just to pay the tax collector. more and more people are coming around to and civic service have been instrumental Only after June, did the Feds actually allow Betty's point of view. us to begin providing for our own families. In throughout his career. His commitment to jus- There has been a lot of talk in the last year tice serves as a model for all Americans and the hands of congressmen, the flat, one per- cent tax rate has become a cruel monstrosity about the future of Social Security. It is an should be held with the highest respect. bearing all the modern trappings of ‘‘pro- issue that, in some way or another, affects Richard T. Ford will retire early in 1998 as gressive’’ taxation, loopholes, and shelters. every American, young and old. If you're cur- U.S. Bankruptcy Court judge. His retirement The tax code itself contains over 1,000 rently working, you pay tax into Social Secu- comes following his long-standing service in pages and requires legions of accountants to rityÐlisted as FICA on your paycheck stub. the community and in the courts. Upholding comprehend. ‘‘Progressivity’’ has caused And if you're retired, you probably regularly re- citizens who work harder to find inexplicably the values for improved practice and ethical ceived a Social Security check. that they only have less take home pay be- When President Franklin Roosevelt enacted standards, Judge Ford has been graced with cause they have achieved a higher tax brack- an exceptional career as a lawyer and a coun- et. Others discover that their savings are Social Security in 1935, it was meant to pro- selor. taxed at higher rates, or that they pay more vide modest assistance to the Nation's most to the government now simply because they elderlyÐthose over 65Ðpaid for by the cur- Judge Ford is a native to Fresno. He at- decided to marry. rent work force. At that time, the system tended local public schools including Fresno The scramble to escape the clutches of the worked wonderfully. Most people never made State University. He has served his country in income tax has approached the absurd. Bil- it past the age of 61, and, as it worked out, various capacities including time in the U.S. lionaires exchange U.S. citizenship for tax about 42 workers contributed to the system for Army. Following his service in the Army, breaks and companies move their operations each retiree. Judge Ford attended the Hastings College of to countries offering less confiscatory ways Today, Social Security is the Nation's larg- of raising national revenue. Our system is a Law. disaster beyond repair. est budget expenditure. Thanks to advancing After his legal education, Judge Ford return So what would the authors of the 16th technology and improved health care, the av- to Fresno area to work for the Fresno County Amendment do if they were in Washington erage life expectancy for Americans is no District Attorney's Office. After his work for the today? Well assuming they could recover longer 61, but a record 74. Instead of 42 work- from the shock of seeing the Frankenstein- district attorney, he practiced bankruptcy and ers paying taxes to support each retiree, there like mutation of their quaint little income are now just three workers for each retiree. In- insolvency law. He has served as a bank- tax plan, they would almost certainly call ruptcy trustee and has administered thou- stead of the old 1 percent payroll tax enacted for tax relief. They would urge the elimi- in 1935, the tax is now 12.4 percent. In just sands of bankruptcy cases over the years. nation of the myriad of loopholes and write- Judge Ford began his service as a bankruptcy offs. But such a lesson might better persuade the past 26 years, in fact, the payroll taxes all workers pay has been hiked 36 timesÐthat is court judge on January 1, 1988. them that the original dissenters were right: That any income tax allows for government on average more than once a year. As the so- Mr. Speaker, it is with great honor that I pay repression of its people. They might opt for called baby boom generation starts to retire at tribute to Richard T. Ford upon his retirement the old and proven way of funding the federal the turn of the century, the ratio between as a U.S. Bankruptcy Court judge. Judge Ford government. workers and retirees will continue to get small- is a thoughtful, impartial, insightful, and thor- Today, seemingly all Americans agree that er and the propensity to increase taxes will oughly prepared judge. Litigants and counsel the tax code is hideous except for those who make the laws. Politicians seem to like the continue to be greater. As early as 2005Ðless are treated with respect in his courtroom and power confirmed by the prodigious code. than 8 years from nowÐthe Social Security are given full opportunity to be heard. I ask my They seem to enjoy the contributions from trust fund will start spending more than it colleagues to join me in wishing Judge Rich- interests seeking to tweak the tax laws here takes in. That is unless we take some action ard T. Ford the best of luck with the future. and there for their selfish advantage. now to change the system. November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2341 Shortly, and with support from Democrats ernment to conduct a full and exhaustive in- the next century. On the other hand, pas- and Republicans, I intend to introduce a bill vestigation into this tragedy and to punish all senger rail service, though heavily subsidized that would allow workers to use a portion of those responsible. Justice delayed is, truly, by the government, continues to lose pas- their current Social Security payroll tax for pri- sengers to faster and more cost-effective justice denied. We must always remember, in means of travel. vate investment. This bill would give you the the words of Dr. Martin Luther King, Jr., an in- The numbers themselves make this con- option of investing your own earnings in justice anywhere is an affront to justice every- trast clear (statistics from 1993). Measured stocks or bonds and with the guidance of a where. by the volume of freight transported, rail- professional money manager, with potentially This is a terrible and tragic loss. In Con- roads accounted for 38.1 percent of domestic far greater returns that you would ever get in gress, we speak of the many tragedies that transport and were the number one method the current system. The average annual rate occur all over the world, especially to Ameri- for transporting goods. Truck accounted for of return for stocks and bonds in the last 70 cans. Although Americans continue to be at 28.1 percent of goods transported and were years has been 9 percent. That is almost five risk in many parts of the world, they faithfully the second most common method of trans- times the rate of return from Social Security. porting freight. The private rail freight com- carry out their duties and are not deterred by panies are clearly an essential part of our By allowing you to invest more of your money senseless instances, such as this one. The economy, and their continued success is a re- as you likeÐand your Social Security payroll Union Texas employees stationed in Pakistan sult of adapting to the modern economy and tax after all is still your moneyÐyou could are no exception. Union Texas Petroleum has providing a competitive and cost effective amass substantial savings. been active in exploring for, developing and service. Senator BOB KERREY, a Democrat from Ne- producing oil and gas in Pakistan for over 20 Passenger rail service, however, has been braska who is also working on this problem, years. The company has approximately 600 less successful. In 1993, intercity railways ac- likes to tell the story about Gladys Holm. Ms. employees in Pakistan, 21 of whom are Amer- counted for approximately 0.4 percent of the total number of passenger-miles traveled in Holm was a secretary who in her whole life ican citizens. never earned more than $15,000 a year. the United States. Comparatively, private The management and employees of Union automobiles on the nation’s highways and When she died last year at 86, she was worth Texas have been leaders in supporting the interstates accounted for 80.8 percent, and over $18 million. Her secret? She just put communities in Pakistan where Union Texas domestic air travel was responsible for 17.4 aside a little bit of money each month through- operations exist and have funded the con- percent. Even intercity bus travel, with 1.1 out her working life and put it in private invest- struction of numerous schools, colleges for percent, was more successful at attracting ment. Through compound interestÐand un- young women and young men, medical clinics, passengers. usually wise investmentsÐGladys Holm had and mosques, and have provided relief during The relative inability of Amtrak to attract passengers comes in spite of the $18 billion in become a millionaire. natural disasters and other emergencies in Though that example is probably atypical, subsidies the federal government has given Pakistan. Union Texas has been a good cor- the railroad since its creation in 1971. While we could do similar things with our Social Se- porate citizen in Pakistan, and it is sad that curity system. By allowing private invest- the initial plan was for Amtrak to be self- such a needless and tragic event has been supporting in two years, it has consistently mentÐas England does with great successÐ targeted at a company dedicated to sharing its lost money for the last 25, and as it is cur- every American could actually have a strong resources with their host country. rently managed, is not expected to ever be safety net when they reach old age. Even bet- This is a terrible loss for the families and profitable. ter, the money you would invest and save friends of the victims, and for Union Texas. While there was a time in which intercity railways carried the bulk of people across would be your ownÐnot the Government's. It f is yours to invest, yours to spend, yours to the country, the advent of cheap, fast airline pass on to your kids and grandkids or char- CONCERN ABOUT FEDERAL travel, and the construction of the vast ities or whatever else you like. Private invest- SUBSIDIES interstate highway network, has given Americans many more choices. They have ment means more power to you. responded by relying on the convenience of If we enact these needed reforms, Social HON. BOB SCHAFFER their automobiles, or availing themselves of Security may finally create the retirement se- OF COLORADO the ability to travel from coast-to-coast in a curity President Franklin Roosevelt envisioned IN THE HOUSE OF REPRESENTATIVES few hours, as opposed to a few days. in 1935. This year, a Federal memorial The relative measure of passenger miles opened in Washington honoring FDR. I think Wednesday, November 12, 1997 bears this fact out, but it also points out an the better tribute to Roosevelt would be if we Mr. BOB SCHAFFER of Colorado. Mr. opportunity to strengthen the vibrant por- worked this year to preserve his most impor- Speaker, I rise today to share with you the tion of the railway industry. By allowing pri- vate freight companies the freedom to com- tant legacy for his great-grandchildren, our thoughts of a fellow Coloradan who is con- pete without undue government interference, great-grandchildren, and many generations to cerned, like all of us, about Federal subsidies. and by encouraging innovation in the rail- come. As the proposal to privatize Amtrak proceeds, way freight industry, we can assure a place f Mr. Scott Slusher of Colorado has composed for America’s railroads in the 21st century. sensible views on this subject which I now Clearly, passenger rail service will con- ‘‘PAKISTAN SHOULD CONDUCT A submit for the RECORD. tinue where it is economically viable. Cap- FULL INVESTIGATION INTO THE Congress is currently working to reauthor- ital assets could be sold to private companies MURDER OF UNION TEXAS PE- ize the Intermodal Surface Transportation all along the Northeast corridor between TROLEUM EMPLOYEES Efficiency Act which lays out the federal Boston and Baltimore. The commuter rail- government’s plan for the nation’s transpor- roads in major urban centers would continue HON. GENE GREEN tation infrastructure. The legislation affects uninterrupted. However, spending scarce tax everything from highways and interstates to dollars on a service that the traveling public OF TEXAS has rejected clearly must come to an end. IN THE HOUSE OF REPRESENTATIVES airports and waterways. One of the more contentious topics is the future of railroad Mr. Speaker, as we continue the debate on Wednesday, November 12, 1997 policy and more specifically, Amtrak and the Federal funding of Amtrak I ask my col- Mr. GREEN. Mr. Speaker, earlier this morn- passenger rail service. leagues to keep these comments in mind as ing, I was saddened to learn of the murder of On one side of the argument are train en- we search for solutions. thusiasts and boosters of the rail service, four Americans in Pakistan who were em- f and on the other side are critics such as Sen. ployed by Houston-based Union Texas Petro- John McCain who argue it is time for the leum. in addition, their Pakistani driver was PROVIDING RELIEF TO THE AMER- federal government to get out of the railroad ICAN VICTIMS OF THE APRIL 1994 also murdered. Although no direct link has business. been found, many suspect that this deliberate What is ignored is that the free market, in- BLACK HAWK FRATRICIDE INCI- act of cold-hearted murder may be revenge for dividual citizens, and American industry DENT the murder conviction of a Pakistani in Vir- have already made their choice. The truth is ginia. I would like to express my heart-felt con- that the country’s railroad industry can be HON. MAC COLLINS dolences to the families and friends of Ephra- divided into two parts—one healthy and competitive, the other perennially on the OF GEORGIA im Egbu, Joel Enlow, Larry Jennings and brink of bankruptcy. The privately owned IN THE HOUSE OF REPRESENTATIVES Tracy Ritchie. You are in our thoughts and and operated freight rail companies continue Wednesday, November 12, 1997 prayers. to make a substantial contribution to the The murder of these courageous Americans nation’s economy, and their future as a mode Mr. COLLINS. Mr. Speaker, on Monday, I is an outrage, and I call on the Pakistani Gov- of freight transportation is secure well into introduced legislation that would equalize the E2342 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 treatment of United States and foreign person- THE FURTHER POLITICIZATION OF Many times over the past four decades, in- nel killed in the April 14, 1994, shootdown of THE NOBEL PEACE PRIZE filtrators from the north have tried to slip two U.S. Army Black Hawk helicopters by two across the DMZ into the south. Minefields stand in their way. Some people say that the U.S. Air Force F±15 fighters over Iraq. Follow- HON. DOUG BEREUTER United States must give up such defenses to ing the incident, U.S. Secretary of Defense OF NEBRASKA persuade outlaw nations and terrorists not William Perry found it inappropriate to com- IN THE HOUSE OF REPRESENTATIVES to scatter mines across the countryside. This pensate the families of the Americans who Wednesday, November 12, 1997 argument fails to account for the fact that were killed in the tragedy citing the Feres doc- the United States is a superpower to which trineÐa legal principle denying compensation Mr. BEREUTER. Mr. Speaker, this Member other nations, often by default, have en- for death or injury incident to military service. hopes that his colleagues might read and they trusted certain responsibilities. Giving up a remember the following editorial from the Oc- tool for carrying them out is more difficult However, Secretary Perry provided pay- for a superpower than for nations that have ments of $100,000 to the families of each of tober 11, 1997, edition of the Omaha World- Herald next month when the Nobel Peace fewer international obligations. the foreign nationals involved in the accident, Our suggestion that the United States re- in spite of the Feres doctrine. These voluntary Prize is formally awarded. It will be used as an ceive a Nobel prize was only half-serious. payments, made under the Secretary's emer- unreasonable and irresponsible point of pres- The award is generally reserved for individ- gency and extraordinary expense authority sure or attack on the American use of land- uals and institutions. were characterized as humanitarian gestures mines in the demilitarized zone on the Korean In terms of contributions to the peace of offered in recognition of the unique cir- peninsula by both domestic and foreign critics. the world, however, America’s role on the Korean peninsula has few parallels. Because [From the Omaha World-Herald, Oct. 11, 1997] cumstances surrounding the incident. South Korea was kept out of a Soviet or Chi- It is time that we offer the same gesture to NOBEL DECISION RAISES QUESTION: WHAT nese orbit, democracy and free enterprise our own citizens who were involved. In the in- ABOUT PEACE IN KOREA? took root there. Because Japan didn’t need terest of fairness and justice, the law must be The Nobel committee awarded the Nobel to arm itself against a Soviet or Chinese applied in an equal fashion. If it was appro- Peace Prize to the international committee threat based in South Korea, Japan emerged promoting a treaty to halt the use of anti- priate to pay the foreign nationals involved, from its post-war recovery as a peaceful in- personnel land mines. A more appropriate re- dustrial democracy. Other nations around then it is also appropriate to pay the Ameri- cipient, in our opinion, would have been the the Pacific rim took inspiration from the cans. It is outrageous that the United States U.S. government for its 44 years of prevent- economic success of South Korea and Japan. Government would treat British, French, and ing war along the demilitarized zone that Much of the region is now prosperous, non- Turkish soldiers better than our own. separates North and South Korea. communist and free. If enacted, H.R. 2986 will require the Sec- Mention of Korea is appropriate in connec- The careful use of mines played a role in tion with the Nobel committee’s decision. By that success. It’s unfortunate that the anti- retary of the Treasury to make $100,000 pay- honoring the anti-mine campaign, the Nobel ments to the families of each of the Americans mine people will now have yet another people have implicitly condemned one of the forum, the Nobel ceremonies in December, killed in the April 1994 Black Hawk fratricide tools used by U.S. forces to prevent invasion from which to paint the U.S. position as irre- incident. I urge my colleagues to support our or infiltration of South Korea by troops, sab- sponsible. troops and families by supporting this impor- oteurs or assassins from the north. f tant relief measure. President Clinton had asked treaty spon- sors to exempt Korea, allowing the U.S. to TWENTIETH ANNIVERSARY OF f sign the treaty and still maintain the option of using mines along the DMZ. When his re- THE HOSPICE OF SAINT JOHN, LAKEWOOD, CO CAMPAIGN FINANCE REFORM quest was refused, he said the United States could not sign the treaty. So the awarding of this year’s Nobel prize HON. SCOTT McINNIS to the anti-mine campaign is a slap at Clin- HON. RON KIND ton, too, and a slap at the hundreds of thou- OF COLORADO OF WISCONSIN sands of American troops who have rotated IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES through the U.S. divisions in Korea since the Wednesday, November 12, 1997 1950s. (During part of that time, the head of Wednesday, November 12, 1997 the anti-mine committee, Jody Williams of Mr. MCINNIS. Mr. Speaker, it is a high honor and privilege to allow my colleagues to Mr. KIND. Mr. Speaker, another week and Putney, Vt., was campaigning against U.S. efforts to keep Central America from going know of the wonderful work being done by the still no campaign finance reform. We are now communist.) Hospice of Saint John in Lakewood, Colorado. down to the final days before we adjourn for The United States, of curse, is not the Twenty years ago, in 1977, this program was the year, if we don't take action now on cam- cause of the land-mine problem to which founded by Fr. Paul von Lobkowitz, a priest of paign finance reform next year will be too late. Princess Diana called attention. She went to Angola and hugged children who had been the Sovereign Order of Saint John of Jerusa- On Monday of this week, I spent the day on lem, Knights of Malta, to serve the sick and several University campuses in my district. I maimed by exploding mines left over from that country’s civil war. the dying. This month the Hospice of Saint had an opportunity to meet with students who U.S. forces don’t scatter land mines at ran- John celebrates twenty years of caring. In are concerned about a variety of issues, in- dom, leaving them to be exploded years later those years its staff of professionals have cluding student financial aid, the environment by grazing animals or playing children. cared for more than 12,000 dying patients and and their future job prospects. I was struck, That’s the behavior of terrorists, dictators their families. however, by the feeling among students that and guerrilla groups. Iraqi military units. The Hospice of Saint John was only the The Viet Cong. East African warlords. Bal- their voice doesn't matter. They believe that second in-patient hospice program to be the influence of money on the political process kan terrorists. By contrast, America, like most other opened in the United States. It has stood the means only the rich and powerful special inter- western nations, is pledged to follow the 1947 test of time in a medical environment that fa- ests have access to Members of Congress. I Geneva Convention, which requires armies to vors the bigger corporations. The Hospice of have tried to do my part, through meetings like record the placement of mines and remove Saint John continues to be independently run the ones I held Monday, to change that per- the devices when no longer needed. and directed by the Order of Saint John of Je- ception. But, we will not be able to completely The United States halted exports of land rusalem and its professed and lay members. mines years ago, even to its allies. U.S.-made change that image until we adopt comprehen- The Hospice of Saint John was the first hos- sive campaign finance reform. mines are manufactured to defuse them- selves after a certain time, usually 60 days. pice program in the state to provide care for These students represent the future. If we Older mines in the U.S. inventory are being AIDS patients when many other programs of expect them to be the leaders in the next cen- destroyed. Fewer mines are being used in the day refused to care for them. Today the tury, we must give them hope that they can Korea, although the United States wants to Hospice's commitment to AIDS patients and make a difference. To achieve that goal we keep the right to use them. their families and friends remains as strong as must pass campaign finance reform, and we In Korea, 35,000 U.S. troops augment the ever, as does its care for every one of its pa- must do it now. South Korean army in holding back the mil- lion-man army of the north. They guard a tients. Many of its patients include young men Mr. Speaker, the people of western Wiscon- 487-square-mile demilitarized zone that and women whose lives are cut short by rav- sin refuse to accept ``no'' as an answer. stretches more than 100 miles through rug- aging diseases. In its twenty years the Hos- Please do not let them down, schedule a vote ged mountains, steep valleys and forested pice of Saint John has never turned away a on campaign finance reform. hills. single patient for a lack of financial means. November 12, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2343 Remarkably, it has never received a dime of collective bargaining, contract administration, monthly business magazine that continues federal money other than Medicare and Med- and grievance adjustment but not political ac- to carry his name. icaid funds. tivities. Unions made little effort to educate To classical music lovers, Ingram was known as the man who poured millions of This program is worthy of our collective rec- their members about Beck, and found ways to dollars into classical music radio station ognition. For the past twenty years Fr. Paul keep workers from exercising their Beck KXTR, keeping it on the air for years despite and his staff at the Hospice of Saint John rights. unprofitability. He also owned KBEA, which have cared for those who we sometimes tend Today, many union members continue to had a ‘‘Music of Your Life’’ format. He sold to forget. They have toiled in the trenches for pay for more than just collective bargaining. those properties in 1996. all humanity. They deserve our respect and They are also paying for politics. During the Henry Bloch, co-founder of H&R Block support and on this occasion of their twenty 1996 congressional and Presidential cam- Inc., said that many times through the years of dedicated service to my state I ask paigns, for example, labor unions spent more years, including Monday, he saw Ingram eat- ing lunch alone and reading at the River you to join with me in saluting them and their than $400 million on political activities. A re- Club. service to us all. cent poll indicated that 68 percent of union ‘‘I’ve known him for a long time, and I can f members are unaware of the Beck decision. say he did a lot for Kansas City—in real es- Testimony before Congress confirms the dif- tate, with the radio stations and the maga- AMERICA NEEDS THE PAYCHECK ficulty workers have had exercising their Beck zines,’’ Bloch said. ‘‘He was a very nice per- PROTECTION ACT rights. This past spring, worker after worker son.’’ told Congress of the near-impossible task of Quick-thinking, quick-moving and often actually recovering hard-earned wages. slightly disheveled, Ingram whirled his thin HON. BOB SCHAFFER frame from meeting to meeting, wedging in OF COLORADO Under current laws, the only way some reading and note scribbling whenever time IN THE HOUSE OF REPRESENTATIVES union members can refuse contributions to po- would allow. He and his wife, Beth Ingram, litical activities is to quit the union, which also Wednesday, November 12, 1997 at one time said they subscribed to as many means quitting their jobs and risking their live- as 150 periodicals. Mr. BOB SCHAFFER of Colorado. Mr. lihoods. ‘‘He slowed down recently, but he stayed so Speaker, during a recent weekend of site vis- Saying ``no'' should not come at such a high upbeat about Kansas City,’’ said Mike its, in the eastern Colorado congressional dis- price. That is why I introduced H.R. 2608, the Morrissey, past chairman of the Greater trict I represent, a constituent approached me Paycheck Protection Act. The Paycheck Pro- Kansas City Chamber of Commerce, who and posed a sensible question, ``Why am I sometimes ate lunch with Ingram at the tection Act protects workers who are forced to Kansas City Club. ‘‘He was very supportive forced to contribute my hard-earned dollars to contribute to political activities by way of their of anything you ever wanted him to help you my union's political activities?'' He went on to union dues. The Paycheck Protection Act re- with. He and Beth were very generous in the explain that for him, every paycheck includes quires separate, prior, written, voluntary au- Kansas City community, not only financially a deduction for union dues. These dues pay thorization before any money can be deducted but with their time.’’ for legal services and collective bargaining from a wage earner's paycheck for political ac- Former Kansas City Mayor Richard L. costs. Dues, he agrees, are useful to promote tivity. By requiring prior approval, the wage- Berkley said he admired Ingram ‘‘for re- his trade. He has no problem with union dues earner is given a choice. Furthermore, the bill maining active and participating in so many so long as they are used for their intended civic, cultural and political activities. . . . It applies to corporations just as it does unions. was impressive to see him still come to the purpose. More than one-third of the U.S. House is al- Civic Council meetings and other events he He objects, however, to the millions of dol- ready cosponsoring the Paycheck Protection was involved in, even when you knew it was lars his union puts toward political causes he Act, and over 70 percent of working Ameri- getting more difficult for him to move does not support and at the expense of thou- cans express support for the Paycheck Pro- around.’’ sands of union members like him. Most union tection Act. I believe we may finally have a Ingram’s energy left a brick-and-mortar members disagree with giving their wages to chance to help American workers by protect- legacy for the city. One project, TenMain political activities because they are excluded ing their paychecks. Center, a downtown redevelopment effort in in deciding how their money is spent. the 1960s, nearly ruined his wealth and his f health after the intended prime tenant (the Something needs to change. TRIBUTE TO ROBERT PALMER Kansas City Board of Trade) and fellow in- In 1947 Congress passed the Labor-Man- vestors pulled out. agement Relations Act, also known as the INGRAM Ingram stuck with the office tower project, Taft-Hartley Act. This legislation prohibited so- though, and saw it through to fruition. called closed shop workplaces, where one HON. KAREN McCARTHY At one time he owned 10 downtown build- could not be hired without first joining a union. OF MISSOURI ings but in later years retained ownership Calling the act a ``slave labor bill,'' President only of the Argyle Building, a renovated IN THE HOUSE OF REPRESENTATIVES tower that housed the offices of Ingram Harry Truman vetoed the measure. Subse- Wednesday, November 12, 1997 Properties and his publishing enterprises. quently, Congress voted to override the veto, Ingram eschewed many outward trappings thereby enacting Taft-Hartley into law. Ms. MCCARTHY of Missouri. Mr. Speaker, of wealth but admitted a fascination with Convinced the bill would destroy the labor my colleague, Mr. DREIER, and I, rise today to high society. Even in failing health in recent movement, union members felt justified in cir- pay tribute to the life of a man who has months, he attended a swirl of benefits and cumventing the legislation. Rather than require touched so many lives and who has contrib- functions. workers to join the union prior to employment, uted so much to our community: Mr. Robert His interest in wealth and society, in part, labor bosses instead required union member- Palmer Ingram. led to his ownership of The Independent, the area’s society journal. ship after the worker was hired. We submit into the RECORD an article in honor of Mr. Ingram's memory and contribu- The Lyric Opera of Kansas City was a The Taft-Hartley Act challenged the unions' major beneficiary of the Ingram’s philan- ability to maintain membership which no tions as recounted by Diane Stafford in my thropy since it founding in 1958. Ingram longer rested upon the utility of their collec- hometown newspaper, the Kansas City Star: money turned the old theater library into a tivism, but upon the ability to lobby Congress. Robert Palmer Ingram, an indefatigable luxurious gathering space for benefactors. Thus, unions became proficient political ma- salesman and civic leader, died Tuesday in Ingram largess also created a new music li- chines. his sleep at his Kansas City home. He was 80 brary for the Kansas City Symphony. years old. He was born in Norfolk, Va., and grew up Union bosses recruited and supported can- Since arriving in Kansas City in the mid- in a suburb of Pittsburgh, where, he said, he didates who would pledge allegiance to the 1940s, Ingram founded or led more than a began selling door to door ‘‘anything he unions. In return for loyalty, unions produced dozen companies, was a director of at least could’’ by age 8. money and manpower to aid political cam- seven others, served as a trustee or a gov- By age 10 he was following the stock mar- paigns. The tactic proved decisive. For many ernor of six major civic or educational orga- ket and buying his first stocks. And by age years, Congress operated in lockstep with the nizations, was an honorary consul to Bel- 12, he grandly noted later, he had learned to unions. gium and held offices or memberships in use rejection as a spur to do better. many other clubs, councils and committees. He studied journalism at Washington and Workers who opposed the unions' political Fueled by his voracious reading, Ingram Lee University and at the University of antics turned to the Supreme Court. In 1988, brought curiosity and wise counsel to wide- Pittsburgh but left college without getting a the Court ruled in Communications Workers v. ranging endeavors. He shunned the spotlight degree because, he later said, he thought he Beck, 487 U.S. 735, that nonunion members but left a public imprint as the former owner needed a job more than he needed more edu- can only be required to pay for the costs of and publisher of Ingram’s, the Kansas City cation. E2344 CONGRESSIONAL RECORD — Extensions of Remarks November 12, 1997 His first job was in sales at Anchor Hock- Year award from the Advertising and Sales ment Corporation and Information Center in ing Glass Co. The company dispatched him Executive Club of Kansas City. Kansas City. to Pennsylvania, Ohio, Kentucky, Michigan In recent years Ingram made a few conces- On the civic scene, Ingram’s participation and back to Pennsylvania before sending him sions to age. Once prone to getting speeding was wide and deep. to Kansas City. tickets, he hired a driver to shuttle him from He decided to plant roots and in 1947 found- appointment to appointment. He was trustee of the University of Mis- ed Robert P. Ingram & Co., an independent But despite increased frailty, he took pride souri-Kansas City, the UMKC Conservatory manufacturers’ representative specializing in working in his office from 8:30 a.m. to 4:30 of Music and Midwest Research Institute. in housewares and toys. Soon thereafter, he p.m. every Monday through Friday he was in He was on the board of governors of the met and married Beth (Mary Elizabeth Kansas City, said Marie Brown, his executive Straight Theatre Association, the American Renfro). assistant. Royal Association and the Urban League of The Ingrams had two children, Marsha Jill In recent years he and his wife split time Kansas City. Ingram Reynolds and Robert Palmer (Chip) between their residence in The Walnuts, near He was a member of the business council of Ingram III, both of whom live in the Kansas the Country Club Plaza, and their condo in the Nelson-Atkins Museum of Art and the City area. There are four grandchildren. Palm Beach, Fla. They also had an apart- museum’s Society of Fellows. Always spurred by the desire to do civic ment in New York. good, Ingram sometimes was thwarted. In A lifelong Republican, Ingram relished his He was a member of the Lyric Opera Guild, the 1960s, for example, he was part of an in- 1969 appointment by Richard Nixon as metro the Fine Arts Guild of William Jewell Col- vestor group that was outbid by Charles O. chairman of the National Alliance of Busi- lege and the Friends of the Kansas City Sym- Finley to buy the Kansas City Athletics nessmen. He also was a member of the Points phony. baseball team. of Light Foundation. He was a member and director of the Civic In the 1970s he was unsuccessful in working A roundup of Ingram’s business presi- Council of Greater Kansas City. for an ice hockey and convention center dencies in addition to Robert P. Ingram & downtown. Co. includes Ingram Investment Co., Lasalle He was a past president of the Chamber of On balance, Ingram’s successes predomi- Leasing Co., KBEA Broadcasting Co., KXTR Commerce of Greater Kansas City and Down- nated. From operating the locker concession Broadcasting Co., Kansas City Bus Advertis- town Inc. at Kansas City International Airport to be- ing Co., Security Locker Co., TenMain Cen- Ingram was appointed to two significant coming a major investor and director of ter, Dow Research, Econo-Car Rental and the public-service commissions in the late 1960s. Rubbermaid, Ingram earned notice for his Argyle Building Co. He was one of five men on a six-month com- entrepreneurship and intelligence. He was chairman of Ingram Media, Custom mission to study civil disorders in Kansas ‘‘There are very few things in life that Publishing by Ingram’s and Ingram Prop- City in 1968, and a year later he accepted an have given me the same pleasure I have re- erties. appointment to the Capital Requirements for ceived from starting and growing busi- He was publisher emeritus of The Inde- Public Schools Committee for the Kansas nesses,’’ Ingram said in a promotional ad for pendent and the former publisher of Ingram’s City School District. Ingram’s not long before his death. and its predecessor, Corporate Report/Kansas He held memberships in the 711 Club, the Always, he told interviewers, he considered City magazine. He sold Ingram’s this year. himself a salesman. In any setting Ingram He was a past director of Rubbermaid, Man of the Month Fraternity, Alliance might be seen thumbing through a wad of Harzfelds, Gilbert/Robinson, Baltimore Bank Francaise, the Friends of Vielles Maisons business cards, searching for the appropriate & Trust Co. of Kansas City, American Cable- Francaises, the Carriage Club, the Kansas one among his many interests and passing it vision of Kansas City and Country Club City Club, the Vanguard Club and BENS. out to a prospective customer. Bank. Friends and family attended his funeral on Ingram’s sales acumen was acknowledged At the time of his death he was a director October 24th at Country Club Christian in 1969, when he received the Saleman of the of FLM Industries and the Housing Develop- Church, 6101, Ward Parkway. Wednesday, November 12, 1997 Daily Digest

HIGHLIGHTS The House agreed to the conference report on H.R. 2159, Foreign Oper- ations Appropriations. The House agreed to the Senate amendment to H.R. 2607, District of Columbia Appropriations, with an amendment. Senate of Arizona, to be United States Circuit Judge for the Chamber Action Ninth Circuit, Carlos R. Moreno, to be United Routine Proceedings, pages S12503–S12512 States District Judge for the Central District of Cali- Measures Introduced: Four bills were introduced, fornia, Richard W. Story, to be United States Dis- as follows: S. 1522–1525. Page S12506 trict Judge for the Northern District of Georgia, and Messages From the President: Senate received the Christine O. C. Miller, of the District of Columbia, following messages from the President of the United to be a Judge of the United States Court of Federal States: Claims, after the nominees testified and answered Transmitting the notice relative to the continu- questions in their own behalf. Mr. Moreno was in- ation of the emergency regarding weapons of mass troduced by Senator Feinstein, and Mr. Story was in- destruction; referred to the Committee on Banking, troduced by Senator Cleland. Housing, and Urban Affairs. (PM–80). Pages S12504±06 BROADCAST SIGNALS COPYRIGHT Messages From the President: Pages S12504±06 LICENSING REFORM Messages From the House: Page S12506 Committee on the Judiciary: Committee held hearings to examine recommendations of the Copyright Office Statements on Introduced Bills: Pages S12506±09 to reform compulsory copyright licensing regimes Additional Cosponsors: Pages S12509±10 governing the retransmission of over-the-air radio Authority for Committees: Page S12510 and television broadcast signals by cable systems, satellite carriers, and other multichannel video pro- Additional Statements: Pages S12510±12 viders, including a proposed extension of the Sat- Adjournment: Senate convened at 12 noon, and ad- ellite Home Viewer Act which expires in 1999, re- journed at 2:36 p.m., until 10 a.m., on Thursday, ceiving testimony from Marybeth Peters, Register of November 13, 1997. (For Senate’s program, see the Copyrights, Copyright Office, Library of Congress; remarks of the Acting Majority Leader in today’s Fritz Attaway, Motion Picture Association of Amer- Record on page S12512.) ica, and Decker Anstrom, National Cable Television Association, both of Washington, D.C.; William F. Committee Meetings Sullivan, Cordillera Communications, Missoula, Montana; and Charles C. Hewitt, Satellite Broadcast- (Committees not listed did not meet) ing and Communications Association, Arlington, NOMINATIONS Virginia. Committee on the Judiciary: Committee concluded Hearings were recessed subject to call. hearings on the nominations of Barry G. Silverman,

D1261 D1262 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1997 House of Representatives to authorize appropriations for Amtrak, by a yea and Chamber Action nay vote of 324 yeas to 72 nays, Roll No. 629. Bills Introduced: 13 public bills, H.R. 3024–3036; Pages H10588±94, H10596±97 and 2 resolutions, H. Res. 322 and 325, were intro- Expedited Procedures: The House agreed to H. duced. Pages H10767±68 Res. 314, as amended, waiving a requirement of Reports Filed: Reports were filed as follows: clause 4(b) of rule XI with respect to consideration Conference Report on H.R. 2159, making appro- of certain resolutions reported from the Committee priations for foreign operations, export financing, on Rules, by a yea and nay vote of 213 yeas to 193 and related programs for the fiscal year ending Sep- nays, Roll No. 630. Pages H10586±88, H10597±98 tember 30, 1998 (H. Rept. 105–401); H. Res. 314 was amended by unanimous consent H. Res. 323, waiving points of order against the on November 9. Page H10581 conference report to accompany H.R. 2159, making Recess: The House recessed at 6:11 p.m. and recon- appropriations for foreign operations, export financ- vened at 6:53 p.m. Page H10598 ing, and related programs for the fiscal year ending September 30, 1998 (H. Rept. 105–402); Open Public Committee Proceedings to the H. Res. 324, providing for concurrence in the Media: The House agreed to H. Res. 301, amending Senate amendment with an amendment to H.R. the Rules of the House of Representatives to repeal 2607, making appropriations for the government of the exception to the requirement that public com- mittee proceedings be open to all media by a re- the District of Columbia and other activities charge- corded vote of 241 ayes to 165 noes, Roll No. 632. able in whole or in part against the revenues of said District for the fiscal year ending September 30, Pages H10598±H10602, H10629±33, H10764 1998 (H. Rept. 105–403); and Suspensions: The House agreed to suspend the rules H. Res. 326, providing for an exception from the and pass the following measures: limitation of clause 6(d) of rule X for the Committee Six Month Extension of ISTEA: S. 1519, to pro- on Government Reform and Oversight (H. Rept. vide a 6-month extension of highway, highway safe- 105–404); Pages H10602±29, H10767 ty, and transit programs pending enactment of a law Speaker Pro Tempore: Read a letter from the reauthorizing the Intermodal Surface Transportation Speaker wherein he designated Representative Petri Efficiency Act of 1991—clearing the measure for the President; Pages H10633±38 to act as Speaker pro tempore for today. Page H10583 Guest Chaplain: The prayer was offered by the Gift of Property for Audio and Visual Con- guest Chaplain, the Reverend Dr. Ronald F. Chris- servation and Restoration Facility: H.R. 2979, amended, to authorize acquisition of certain real tian of Fairfax, Virginia. Page H10583 property for the Library of Congress. The Clerk was Presidential Message—Weapons of Mass De- authorized to make technical and conforming struction: Read a message from the President changes in the engrossment of the bill; wherein he extends the national emergency with re- Pages H10638±41 spect to the proliferation of nuclear, biological, and Authorize Printing of Publications: S. Con. Res. chemical weapons (‘‘weapons of mass destruction’’)— 61, authorizing printing of a revised edition of the referred to the Committee on International Relations publication entitled ‘‘Our Flag,’’ S. Con. Res. 62, au- and ordered printed (H. Doc. 105–169). thorizing printing of the brochure entitled ‘‘How Pages H10594±96 Our Laws Are Made,’’ and S. Con. Res. 63, authoriz- Recess: The House recessed at 1:14 p.m. and recon- ing printing of the pamphlet entitled ‘‘The Con- vened at 5:00 p.m. Page H10596 stitution of the United States of America;’’ Resignation from the House of Representatives: Page H10641 Read a letter from Representative Foglietta wherein Authorization of Frank Mail: S. 1378, to extend he resigns from the House of Representatives to be- the authorization of use of official mail in the loca- come Ambassador to Italy. Page H10596 tion and recovery of missing children—clearing the Amtrak Reform and Accountability Act: Agreed measures for the President; Pages H10641±42 to H. Res. 319, the rule providing for consideration Defense Authorization Technical Corrections: S. of S. 738, to reform the statutes relating to Amtrak, 1507, to amend the National Defense Authorization November 12, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1263 Act for Fiscal Year 1998 to make certain technical the House agreed to the motion offered by the corrections—clearing the measure for the President; Chairman of the Committee on Appropriations that Pages H10642±43 the House concur in the Senate amendment to the Fort Berthold Indian Reservation Mineral Leas- text with the amendment printed in H. Rept. ing: S. 1079, amended, to permit the mineral leas- 105–403, accompanying the rule, and disagree to ing of Indian land located within the Fort Berthold the Senate amendment to the title. Pages H10676±81 Indian Reservation in any case in which there is con- Committee Election: Agreed to H. Res. 325 elect- sent from a majority interest in the parcel of land ing Representative Fossella to the Committees on under consideration for lease. Agreed to amend the Banking and Financial Services and Transportation title; Pages H10643±46 and Infrastructure. Page H10764 Iranian Ballistic Missile Proliferation: H.R. Senate Messages: Messages received from the Senate 2709, amended, to impose certain sanctions on for- on Monday, November 10 and today appear on page eign persons who transfer items contributing to H10584. Iran’s efforts to acquire, develop, or produce ballistic missile. Agreed to amend the title; Pages H10646±60 Referrals: S. 1115, to amend title 49, United States Code, to improve one-call notification process was Bankruptcy Amendments Act: H.R. 764, amend- referred to the Committees on Transportation and ed, to make technical corrections to title 11, United Infrastructure and Commerce; S. 1354, to amend the States Code; Pages H10660±63 Communications Act of 1934 to provide for the des- Technical Amendments Re Vacating Arbitrator’s ignation of common carriers not subject to the juris- Award: H.R. 2440, to make technical amendments diction of a State commission as eligible tele- to section 10 of title 9, United States Code; communications carriers was referred to the Commit- Page H10663 tee on Commerce; S. 1505, to make technical and Chickasaw Trail Economic Development Com- conforming amendments to the Museum and Library pact: H.J. Res. 95, granting the consent of Congress Services Act was referred to the Committee on Edu- to the Chickasaw Trail Economic Development cation and the Workforce; S. 1506, to amend the Compact; and Pages H10663±65 Professional Boxing Safety Act (P.L. 104–272) was Washington Metropolitan Area Transit Author- referred to the Committees on Education and the ity Amendments: H.J. Res. 96, granting the consent Workforce and Commerce; S. 1511, to amend sec- and approval of Congress for the State of Maryland, tion 3165 of the National Defense Authorization Act the Commonwealth of Virginia, and the District of for Fiscal Year 1998 to clarify the authority in the Columbia to amend the Washington Metropolitan section was referred to the Committee on National Area Transit Regulation Compact. Pages H10665±67 Security; S. 537, to amend title III of the Public Foreign Operations Conference Report: The Health Service Act to revise and extend the mam- House agreed to the conference report on H.R. mography quality standards program was referred to 2159, making appropriations for foreign operations, the Committee on Commerce; S. 493, to amend sec- export financing, and related programs for the fiscal tion 1029 of title 18, United States Code, with re- year ending September 30, 1998 by a yea and nay spect to cellular telephone cloning paraphernalia was vote of 333 yeas to 76 nays with 1 voting ‘‘present’’, referred to the Committee on the Judiciary; S. Con. Roll No. 631. Pages H10668±76, H10763 Res. 67, expressing the sense of Congress that the Earlier, agreed to H. Res. 323, the rule waiving museum entitled ‘‘The Women’s Museum: An Insti- points of order against the conference report by a tute for the Future’’ in Dallas, Texas, be designated voice vote. Pages H10667±68 as a millennium project for the United States was re- ferred to the Committee on Education and the District of Columbia Appropriations: The House Workforce; S. 156, to provide certain benefits of the agreed to the Senate amendment to the text of H.R. 2607, making appropriations for the government of Pick-Sloan Missouri River Basin program to the the District of Columbia and other activities charge- Lower Brule Sioux Tribe was referred to the Com- able in whole or in part against the revenues of said mittee on Resources; S. 222, to establish an advisory District for the fiscal year ending September 30, commission to provide advice and recommendations 1998 with an amendment and disagreed to the Sen- on the creation of an integrated, coordinated Federal ate amendment to the title. Pages H10681±H10763 policy designed to prepare for and respond to serious Earlier, agreed to H. Res. 324, the rule providing drought emergencies was referred to the Committees for concurrence in the Senate amendment with an on Transportation and Infrastructure, Resources, and amendment, by a voice vote. Pursuant to the rule, Agriculture. Page H10765 D1264 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1997 Quorum Calls—Votes: Three yea-and-nay votes chargeable in whole or in part against the revenues and one recorded vote developed during the proceed- of said District for the fiscal year ending September ings of the House today and appear on pages 30, 1998—Concur in the Senate amendment with an H10596–97, H10597–98, H10763, and H10764. amendment, which provides for a single motion of- There were no quorum calls. fered by the Chairman of the Committee on Appro- Adjournment: Met at 12:00 noon and adjourned at priations or his designee to concur in the Senate 12:37 a.m. amendment to the text, any rule of the House to the contrary notwithstanding, with the amendment, with the amendment printed in the report of the Committee Meetings Committee on Rules and disagree to the Senate OVERSIGHT—DISTRICT OF COLUMBIA amendment to the title. The rule provides that the WATER AUTHORITY Senate amendments and the motion be considered as read. The rule provides one hour of debate equally Committee on Government Reform and Oversight: Sub- divided and controlled by the chairman and ranking committee on the District of Columbia held an over- minority member of the Committee on Appropria- sight hearing on the status of the District of Colum- tions. Testimony was heard from Chairman Living- bia Water Authority. Testimony was heard from Mi- ston and Representatives Davis of Virginia, Obey, chael McCabe, Administrator, Region 3, EPA; the Norton, Meek of Florida, and Jackson-Lee of Texas. following officials of the Water and Sewer Authority, District of Columbia: Michael Rogers, Chairman and EXCEPTION TO HOUSE RULES—ALLOW Kerry N. Johnson, General Manager; and public wit- COMMITTEE ON GOVERNMENT REFORM nesses, AND OVERSIGHT TO INCREASE SUBCOMMITTEES FOR THE REMAINDER OF OVERSIGHT—FEDERAL DEBT COLLECTION THE 105TH CONGRESS PRACTICES Committee on Rules: Ordered reported, by voice vote, Committee on Government Reform and Oversight: Sub- H.Res. 326, which provides for an exception from committee on Government Management, Informa- the limitation of clause 6(d) of rule X (relating to tion, and Technology held an oversight hearing on the limitation on subcommittees) on subcommittees Federal Debt Collection Practices. Testimony was for the Committee on Government Reform and heard from the following officials of the Department Oversight. The resolution allows the Committee on of the Treasury: John D. Hawke, Jr., Under Sec- Government Reform and Oversight to increase its retary; and Gerald Murphy, Fiscal Assistant Sec- number of subcommittees from seven to eight for retary; John Gray, Deputy Administrator, SBA; the remainder of the 105th Congress. Testimony was Richard Keevey, Chief Financial Officer, Department heard from Representatives Hastert and Waxman. of Housing and Urban Development; David A. f Longanecker, Assistant Secretary, Postsecondary Edu- cation, Department of Education; and Dale W. COMMITTEE MEETINGS FOR THURSDAY, Sopper, Acting Deputy Commissioner, SSA. NOVEMBER 13, 1997 CONFERENCE REPORT—FOREIGN (Committee meetings are open unless otherwise indicated) OPERATIONS APPROPRIATIONS Senate Committee on Rules: Granted, by voice vote, a rule Committee on Agriculture, Nutrition, and Forestry, to hold waiving all points of order against the conference re- hearings to examine ways renewable fuels could aid in de- port on H.R. 2159, making appropriations for for- creasing greenhouse gas emissions and increasing United eign operations, export financing, and related pro- States energy security, 9 a.m., SR–332. grams for the fiscal year ending September 30, 1998, Committee on the Judiciary, business meeting, to consider and against its consideration. The rule provides that pending calendar business, 10 a.m., SD–226. S0627 the conference report shall be considered as read. House Testimony was heard from Representatives Callahan, Committee on Banking and Financial Services, hearing on Gilman, Obey, and Pelosi. East Asian Economic Conditions, 10 a.m., 2128 Rayburn. DISTRICT OF COLUMBIA Committee on Commerce, hearing on the Tobacco Settle- APPROPRIATIONS—CONCUR IN SENATE ment: Views of the Administration and the State Attor- AMENDMENT WITH AN AMENDMENT neys General, 9:30 a.m., 2123 Rayburn. Committee on Government Reform and Oversight, hearing on Committee on Rules: Granted, by voice vote, a rule on ‘‘Johnny Chung—His Unusual Access to the White H.R. 2607, making appropriations for the govern- House, His Political Donations, and Related Matters’’, 10 ment of the District of Columbia and other activities a.m., 2154 Rayburn. November 12, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1265

Committee on International Relations, to mark up the fol- Committee on the Judiciary, Subcommittee on Commer- lowing resolution; H. Res., expressing the sense of the cial and Administrative Law, hearing regarding the Na- House that the United States should act to resolve the tional Bankruptcy Review Commission Report, 1 p.m., crisis with Iraq in a manner that assures destruction of 2237 Rayburn. Iraq’s ability to produce and deliver weapons of mass de- Committee on National Security, hearing on U.S. super- struction, and that peaceful and diplomatic efforts should computer export control policy, 10 a.m., 2118 Rayburn. be pursued, but that if such efforts fail, multilateral mili- Committee on Transportation and Infrastructure, Sub- tary action or, as a last resort, unilateral United States committee on Aviation, hearing on the increasing number military actions should be taken; followed by a hearing of aircraft mishaps on our Nation’s runways, 9:30 a.m., on Bonn to Kyoto: The Administration’s Position on the 2167 Rayburn. Climate Change Treaty, 10 a.m., 2172 Rayburn. D1266 CONGRESSIONAL RECORD — DAILY DIGEST November 12, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, November 13 10 a.m., Thursday, November 13

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of Suspensions; morning business (not to extend beyond 11 a.m.), Senate Consideration of the Conference Report on Commerce, will consider any conference reports that become avail- State, Justice, and the Judiciary (subject to a rule). able, and any cleared legislative and executive business. NOTE: Suspensions May Be Brought up with an Hour’s No- tice. Appropriations Conference Reports May Be Brought up at Any Time.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E2328, E2330 Radanovich, George P., Calif., E2327, E2335, E2337, Kaptur, Marcy, Ohio, E2336, E2338 E2340 Ballenger, Cass, N.C., E2329 Kilpatrick, Carolyn C., Mich., E2336 Rahall, Nick J., II, W. Va., E2331 Bereuter, Doug, Nebr., E2323, E2331, E2342 Kind, Ron, Wisc., E2342 Schaffer, Bob, Colo., E2340, E2341, E2343 Collins, Mac, Ga., E2341 Kucinich, Dennis J., Ohio, E2337 Schumer, Charles E., N.Y., E2327 Coyne, William J., Pa., E2329 LaTourette, Steve C., Ohio, E2329 Smith, Nick, Mich., E2340 Dunn, Jennifer, Wash., E2328 McCarthy, Karen, Mo., E2343 Stark, Fortney Pete, Calif., E2333 Forbes, Michael P., N.Y., E2330 McCollum, Bill, Fla., E2337 Towns, Edolphus, N.Y., E2328, E2330, E2334, E2336, Gekas, George W., Pa., E2325 McInnis, Scott, Colo., E2342 E2339 Gilman, Benjamin A., N.Y., E2337 Manzullo, Donald A., Ill., E2333 Underwood, Robert A., Guam, E2333 Green, Gene, Tex., E2341 Meek, Carrie P., Fla., E2335 Vela´ zquez, Nydia M., N.Y., E2326 Hamilton, Lee H., Ind., E2332 Nadler, Jerrold, N.Y., E2327 Vento, Bruce F., Minn., E2331 Hyde, Henry J., Ill., E2326 Pitts, Joseph R., Pa., E2328

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