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

Vol. 144 WASHINGTON, THURSDAY, OCTOBER 1, 1998 No. 135 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE S. 1677. An act to reauthorize the North called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the American Wetlands Conservation Act and pore (Mr. EWING). the Partnerships for Wildlife Act. gentleman from Ohio (Mr. TRAFICANT) S. 2531. An act to designate a portion of f come forward and lead the House in the Interstate Route 70 in Missouri as ‘‘Mark Pledge of Allegiance. McGwire Interstate Route 70’’. DESIGNATION OF THE SPEAKER Mr. TRAFICANT led the Pledge of PRO TEMPORE The message also announced that the Allegiance as follows: Senate agrees to the amendments of The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the the House to the bill (S. 1355) ‘‘An Act United States of America, and to the Repub- fore the House the following commu- to designate the United States court- nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. house located in New Haven, Connecti- WASHINGTON, DC, f cut, as the ‘Richard C. Lee United October 1, 1998. States Courthouse’.’’ I hereby designate the Honorable THOMAS MESSAGE FROM THE SENATE W. EWING to act as Speaker pro tempore on f this day. A message from the Senate by Mr. NEWT GINGRICH, Lundregan, one of its clerks, an- BREAST CANCER AWARENESS Speaker of the House of Representatives. nounced that the Senate had passed MONTH f with amendments in which the concur- (Ms. DUNN asked and was given per- rence of the House is requested, bills of mission to address the House for 1 PRAYER the House of the following titles: minute and to revise and extend her re- The Chaplain, Reverend James David H.R. 1836. An act to amend chapter 89 of marks.) Ford, D.D., offered the following pray- title 5, United States Code, to improve ad- Ms. DUNN. Mr. Speaker, today is a er: ministration of sanctions against unfit significant day. It marks the beginning With all people of goodwill, O God, health care providers under the Federal Em- ployees Health Benefits Program, and for of National Breast Cancer Awareness we ask for Your guidance and Your di- other purposes. Month. While the greatest news in this rection in our lives, in our commu- H.R. 3412. An act to amend and make tech- battle is the number of mothers, nities, and in our world. Give us, we nical corrections in title III of the Small daughters, sisters, wives and friends pray, the knowledge we need to chart Business Investment Act. who survive breast cancer, we must our course and also wisdom to encom- H.R. 4110. An act to provide a cost-of-living continue to promote the importance of pass justice and truth. Give us integ- adjustment in rates of compensation paid to veterans with service-connected disabilities, early detection and early diagnosis, rity of spirit so we can focus on the to make various improvements in education, which continue to remain our best paths of righteousness just as we be- housing, and cemetery programs of the De- weapons against this devastating dis- seech Your mercy and Your forgive- partment of Veterans Affairs, and for other ease. ness. purposes. This year alone approximately 180,000 With adoration and thanksgiving, we The message also announced that the new cases of breast cancer will be diag- recall how people throughout our his- Senate agrees to the report of the com- nosed; more than 43,000 women will die. tory have sought Your blessing. And so mittee of conference on the disagreeing That is why the gentleman from New now in our time and place, we pray for votes of the two Houses on the amend- Hampshire (Mr. BASS), who has shown those same gifts of the spirit that will ment of the Senate to the bill so much concern about this problem, lift us up and express a unity of heart (H.R. 3616) ‘‘An Act to authorize appro- and I are introducing a resolution and soul. priations for fiscal year 1999 for mili- today that underscores the importance In Your name, we pray. Amen. tary activities of the Department of of mammograms and biopsies in the f Defense, for military construction, and fight against breast cancer. for defense activities of the Depart- The Bass resolution helps raise THE JOURNAL ment of Energy, to prescribe personnel awareness that early detection through The SPEAKER pro tempore. The strengths for such fiscal year for the screening mammograms and breast bi- Chair has examined the Journal of the Armed Forces, and for other purposes.’’ opsies are vitally important. As all last day’s proceedings and announces The message also announced that the women know, mammograms detect to the House his approval thereof. Senate had passed bills of the following lumps and biopsies confirm whether Pursuant to clause 1, rule I, the Jour- titles, in which the concurrence of the these lumps are cancerous or noncan- nal stands approved. House is requested: cerous. Our resolution encourages

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

H9189

. H9190 CONGRESSIONAL RECORD — HOUSE October 1, 1998 women to take an active role in fight- MORE ON KOSOVO We ignore at our own risk what the ing this deadly disease through regular (Mr. TRAFICANT asked and was American people demand, and they de- self-examinations, annual mammo- given permission to address the House mand health care reform. They do not grams, and breast biopsies when a lump for 1 minute and to revise and extend want their health plan to abandon is detected. When it is detected early, his remarks.) them when they need it the most. women can conquer breast cancer. Mr. TRAFICANT. Mr. Speaker, once Speaker GINGRICH once promised to I ask my colleagues to support this again genocide has reared its ugly let Medicare wither on the vine. This vitally important resolution. head. Serbian President Milosevic is year he is going to let the Patients Bill of Rights wither on the vine. I ask, will f brutally exterminating ethnic Alba- nians in Kosovo. Women, children, even he also let Social Security wither on the vine? ON KOSOVO the elderly are being slaughtered. After all this, France says, and I quote, ‘‘We The leadership has the ability to pass (Mr. SKAGGS asked and was given must send a strong message.’’ legislation that protects Americans in permission to address the House for 1 Beam me up, Mr. Speaker. The last I the few days that we have left before minute.) heard, NATO did not work for the adjournment. Will they act on behalf of Mr. SKAGGS. Mr. Speaker, recent re- Western Union. It is time for NATO to millions of Americans? It is time to ports of atrocities against Kosovo civil- do their job. It is time for France to stop playing politics and pass HMO re- ians by Serb security forces are cer- step up once in a while. It is time for form now. tainly appalling. It is further evidence Europe to help us out, and it is time f of President Milosevic’s criminality in for independence in Kosovo. BUDGET SURPLUS repressing ethnic Albanians. One last thing, Mr. Speaker. (Mr. GIBBONS asked and was given It is entirely understandable why Milosevic must be stopped. It is about permission to address the House for 1 many people would therefore support time for France to do their job, too. military intervention by the United minute and to revise and extend his re- Nations or by NATO with U.S. leader- f marks.) ship. But it is very important to realize TAX CUTS Mr. GIBBONS. Mr. Speaker, Will that such military action, if it were to Rogers once said that you have to be occur with U.S. forces, needs to be a (Mr. BALLENGER asked and was an optimist to be a Democrat and you decision taken by the Congress, not by given permission to address the House have got to be a humorist to stay one. the President. for 1 minute.) Yesterday the President must have Air strikes within the borders of Mr. BALLENGER. Mr. Speaker, what thought that he was using humor when Yugoslavia in order to stop attacks by do liberals, in the bottom of their he said that the creation of the surplus Serbian forces against civilians in an hearts, think about tax cuts? is due to the fiscal restraint and lead- area that the United States recognizes Well, you do not have to speculate ership of his administration. I believe as sovereign Yugoslav territory simply any more because the liberals these the only thing that the President left could not be construed as ‘‘defensive’’ days, from the President on down, are out of his speech was a line from the within the inherent authority of the saying out loud exactly what they Wizard of Oz, Toto, ‘‘I do not think we President as Commander in Chief. think about tax cuts. They call tax are in Kansas anymore,’’ because this Rather, they would be offensive in na- cuts an election year gimmick. make-believe yellow brick road theory ture, involving the invasion of the air Last year the President called the that his administration is responsible space of a nation which has not at- people in Virginia who supported a tax for the surplus is nothing but simple tacked the United States. cut selfish, selfish for daring to suggest pure comedy. That is the sort of action which falls that people should be able to keep I think of myself as a person who rec- within the exclusive powers of the Con- more of their own money. The truth is, ognizes and appreciates humor. I cer- gress under the United States Con- liberals really do believe that tax cuts tainly did not mind laughing at the stitution. are nothing more than an election year President’s stand-up comedy routine gimmick. It is simply inconceivable to yesterday. But we have thrown back f the liberal mind-set that the Repub- the curtain and we have seen that the licans believe as a matter of principle voice behind the curtain is a very same ALICE IN WONDERLAND that the government takes too much of voice whose only budget proposal pro- (Mr. PITTS asked and was given per- your money and then wastes too much jected a $241 billion deficit for this mission to address the House for 1 of what it takes. year. minute and to revise and extend his re- Allowing the people to keep more of Mr. Speaker, it is time to get back to marks.) what already belongs to them is a gim- reality. It is the Republican Congress Mr. PITTS. Mr. Speaker, in Alice’s mick to liberals. To Republicans, it is and Republican leadership that de- Adventures in Wonderland, Lewis Car- a fundamental freedom issue. To people serves the credit for this surplus. It roll writes the following: who work very hard to build a life for was their commitment in 1995 to get themselves and their family, to pursue When I use a word, Humpty Dumpty said, this country on the right track back in a rather scornful tone, it means just what the American dream, this must be a toward fiscal responsibility and fiscal I choose it to mean, neither more nor less. surprising bit of news indeed. stability. The question is, said Alice, whether you f f can make words mean so many different things. HMO REFORM WOMEN’S CONTRACEPTION Mr. Speaker, the Humpty Dumpty’s (Ms. SANCHEZ asked and was given (Ms. NORTON asked and was given of our political landscape use words to permission to address the House for 1 permission to address the House for 1 mean what they want them to mean. minute.) minute and to revise and extend her re- Yet the fact remains, words have very Ms. SANCHEZ. Mr. Speaker, I rise marks.) specific meanings, meanings that no today to urge the Republican Congress Ms. NORTON. Mr. Speaker, a bunch common person would dispute. Alone to step up to the plate and to pass real of fellows from this body are running means alone; is means is; sex means managed care reform. We need to fix around the Treasury, Postal conference sex. No matter what mental gym- the health insurance system to give pa- committee trying to get into the con- nastics someone goes through. Words tients the protections that they need. traception business, women’s contra- have meanings. When someone uses After one year of ignoring the Presi- ception business, that is. But women’s words in a court of law to mean things dent’s call for a strong, enforceable bi- contraception is nobody’s business but that they do not actually mean, that is partisan Patients Bill of Rights, the theirs. Yet there is stealth action in called lying under oath. That is wrong. Republican House leadership has done this House to overturn a bill that It is dishonorable and worthy of a con- nothing more than pass a bill that passed both houses, that contraception gressional inquiry. treats cancer with Band-Aids. be treated like other prescriptions in October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9191 Federal health plans. Passed unani- why we would not do everything nec- the tax plan, not an easy vote, because mously in the Senate, passed twice in essary to go ahead and make health in- it borrows still from Social Security. the House, we must not tolerate So- surance automatically deductible for Believe me, I do support tax cuts, but viet-style reversals of noncontroversial small business people, once we have de- we need to do it without compromising provisions. cided that needs to be done, rather Social Security. I am outraged at a substitute that than to wait 6 or 7 years in the future. Now, we may have a true surplus by would allow only the diaphragm to be b 1415 next year. Then we can make sure that required in plans. Women need options. Social Security will be there when peo- Some do not work. Some make us sick. They cannot imagine why, out of $1.6 ple need it. Then we can have tax cuts, There is no more sensitive issue for trillion in surplus, that $80 billion of too. That is my goal, Mr. Speaker. women than contraception. The bipar- that cannot go to tax relief and go to f tisan Women’s Caucus supports the tax relief right now. CENSUS SAMPLING Lowey provision, and so do the major- f ity of the House, the majority of the TAXPAYER PROTECTION ACT (Mr. PETERSON of Pennsylvania Senate and the majority of the Amer- asked and was given permission to ad- (Mr. ENGLISH of Pennsylvania asked dress the House for 1 minute and to re- ican people. and was given permission to address f vise and extend his remarks.) the House for 1 minute and to revise Mr. PETERSON of Pennsylvania. Mr. ON TAX CUTS and extend his remarks.) Speaker, from day 1, this administra- Mr. ENGLISH of Pennsylvania. Mr. (Mr. KINGSTON asked and was given tion has conducted affairs of state Speaker, in my district in Western permission to address the House for 1 more like King George than George Pennsylvania people are concerned minute and to revise and extend his re- Washington. Its ethic has been summed with real pocketbook issues, like hav- marks.) up in the book title by Clinton hit-man ing the money to send their kids to col- Mr. KINGSTON. Mr. Speaker, Ameri- James Carvel: ‘‘We’re Right and You’re lege. The Taxpayer Protection Act, cans pay on the average about 40 per- Wrong.’’ which we passed last week, provides cent of their total household income in Now, in the latest census sampling much needed tax relief for working taxes. In 1996, recognizing this, the Re- wrinkle, the Clinton people show they families and middle class taxpayers by publican leadership pushed for a middle are willing to ignore Federal Court rul- building on our previous accomplish- class tax cut, despite the President’s ings in pursuit of their agenda. Two ments. separate decisions have declared it ille- and most of the Democrats’ objections Last year, this Republican Congress gal to sample the population for the that people who want to pay less taxes provided tax exempt status to qualified purposes of congressional reapportion- are just selfish. state prepaid tuition account pro- Well, we are back at it again, another ment. Yet administration officials con- grams. These programs will allow fami- middle class tax cut. It has already tinue to forge ahead anyway with plans lies to buy college credits at today’s passed the House. Marriage tax relief, to sample in the next census, spending prices and bank them for the future, ending the marriage tax penalty, relief millions on a discredited idea at a time avoiding tuition inflation and making for farmers and tax relief for the death when preparations for the 2000 Census college costs more manageable for tax penalty. are at a very critical stage. many families on tight budgets. And what are the Democrats and the The Republican tax bill goes one step It is almost as if the Clinton Com- President saying? They are saying this further than last year’s bill by leveling merce Department wants the next cen- is going to adversely affect Social Se- the playing field and awarding the sus to fail so that the political pressure curity. Well, what does the Director of same preferential tax treatment to pri- for their sampling agenda will be even the Congressional Budget Office say? vate prepaid programs. greater in 2010. That the tax plan has no effect on So- Mr. Speaker, the Taxpayer Relief Act Mr. Speaker, it is past time for the cial Security. This is a Democrat chart helps students achieve their dream of a President to begin enforcing the laws, so the word ‘‘effect’’ is misspelled. But college education and, through it, the even those he does not like. then, again, we knew Democrats would American dream. This is good legisla- f be reading this and we wanted to share tion that lifts some of the tax burden PRESIDENT SHOULD NOT GO TO the information with them so we had on the middle class and gives them the WAR WITHOUT CONSENT OF CON- to put it in their language. opportunity to save for their children’s GRESS But the fact is, the point is right. college education. (Mr. CAMPBELL asked and was The tax cut does not affect Social Se- f curity. Just how much is this? In the given permission to address the House total budget scheme, Mr. Speaker, of THERE IS NO SURPLUS for 1 minute and to revise and extend $9.6 trillion, it is barely a slither of a (Mrs. LINDA SMITH of Washington his remarks.) slither of $80 billion in middle class tax asked and was given permission to ad- Mr. CAMPBELL. Mr. Speaker, a let- relief over a 5-year period of time. dress the House for 1 minute and to re- ter is presently being circulated that f vise and extend her remarks.) has been authored by my good friend Mrs. LINDA SMITH of Washington. and colleague, the gentleman from Col- TAX RELIEF Mr. Speaker, I rise today to give a re- orado (Mr. SKAGGS), and myself. I (Mr. BLUNT asked and was given ality check. The President claims the would ask for my colleagues’ attention permission to address the House for 1 government has a surplus. All Ameri- to it, please, if they could sign it. minute and to revise and extend his re- cans need to know that this just is not The letter is addressed to the Presi- marks.) true. There is no surplus. dent of the United States and it vindi- Mr. BLUNT. Mr. Speaker, people in The President was going to borrow cates the most important obligation America understand that they need tax $100 billion from Social Security to pay that we have, and that is in the area of relief. They understand that it is only for his proposed current level of spend- warmaking. The Constitution says that fair, as we begin to balance the budget, ing, but our good economy means now we do not go to war unless the rep- that they get to keep part of the he will only borrow $35 billion. Now, resentatives of the people, in this money they are sending to Washington. the $65 billion difference that the Re- House and in the other body, vote for We see these two charts here that publicans said must be left in the So- it. It does not give the President the clearly point out that the amount of cial Security Trust Fund is what the right to go to war on his own. tax relief has no impact on Social Se- President now claims is a surplus. It is My colleagues, we are about to go to curity. not a surplus. It is payroll taxes that war. We are about to go to war in They cannot imagine why we would the government collects to pay for So- Kosovo. If it is the right thing, so be it. possibly let the marriage penalty stay cial Security checks each month. The President should make the case it in the tax code one year longer, let We need to save Social Security, not is the right thing here in the people’s alone forever. They cannot imagine spend it. That is why I voted against House. Have us approve it or not. But H9192 CONGRESSIONAL RECORD — HOUSE October 1, 1998 to go ahead without the approval of the Mr. HASTINGS of Washington. Mr. the other day, will be brought to the Congress violates the Constitution and, Speaker, House Resolution 558 would floor under this scenario. That means almost as important, undercuts the waive clause 4(b) of Rule XI against that they could be on the floor later sense of resolve for the important work certain resolutions reported from the today. These bills contain very impor- that we may be able to accomplish in Committee on Rules. Clause 4(b) re- tant spending on programs from Fed- Kosovo. quires a two-thirds vote of the House eral drug control programs to badly I ask my colleagues to please sign to consider a rule on the same day it is needed disaster assistance for Amer- the Skaggs-Campbell letter and ask reported from the Committee on Rules. ican farmers who have been very hard the President to abide by the Constitu- This resolution would apply the hit by severe weather conditions this tion. Do not go to war without the ap- waiver to a special rule reported on Oc- summer. So we need to pass these bills proval of the American people. tober 1st or October 2nd, 1998, provid- and get them signed into law as quick- f ing for consideration or disposition of a ly as possible. conference report to accompany a bill Mr. Speaker, I yield back the balance REREFERRAL OF H.R. 2349, AUGUS- or a joint resolution making general of my time. TUS F. HAWKINS POST OFFICE appropriations for the fiscal year end- Mr. HASTINGS of Washington. Mr. BUILDING, TO COMMITTEE ON ing September 30th, 1999, or any Speaker, I yield back the balance of GOVERNMENT REFORM AND amendment reported in disagreement my time, and I move the previous ques- OVERSIGHT from a conference thereon. tion on the resolution. Mr. KIM. Mr. Speaker, I ask unani- Mr. Speaker, this proposed waiver is The previous question was ordered. mous consent that the Committee on essential in order for the House to con- The resolution was agreed to. Transportation and Infrastructure be sider, in a timely fashion, one or more A motion to reconsider was laid on discharged from further consideration appropriations conference reports that the table. of the bill (H.R. 2349) to redesignate the may be available later today or tomor- f Federal building located at 10301 South row. Compton Avenue, in Los Angeles, Cali- I know all of my colleagues share a ANNOUNCEMENT BY THE SPEAKER fornia, and known as the Watts Fi- desire to move as expeditiously as pos- PRO TEMPORE nance Office, as the ‘‘Augustus F. Haw- sible through the remaining legislative The SPEAKER pro tempore. The kins Post Office Building,’’ and that matters that must be completed prior Chair will entertain special orders the bill be referred to the Committee to our adjournment. Therefore, I en- without prejudice to the resumption of on Government Reform and Oversight. courage Members on both sides of the legislative business until 4:30 p.m. The SPEAKER pro tempore (Mr. aisle to support this resolution. EWING). Is there objection to the re- Mr. Speaker, I reserve the balance of f quest of the gentleman from Califor- my time. SPECIAL ORDERS nia? Mr. MOAKLEY. Mr. Speaker, I yield There was no objection. myself such time as I may consume, The SPEAKER pro tempore. Under f and I thank my dear friend, the gen- the Speaker’s announced policy of Jan- tleman from Washington (Mr. uary 7, 1997, and under a previous order WAIVING REQUIREMENT OF HASTINGS), for yielding me the cus- of the House, the following Members CLAUSE 4(b) OF RULE XI WITH tomary half-hour. will be recognized for 5 minutes each. RESPECT TO CONSIDERATION OF Mr. Speaker, today is the beginning f CERTAIN RESOLUTIONS FROM of the fiscal year and, once again, my COMMITTEE ON RULES Republican colleagues have not fin- BAD CONDUCT IS NOT GROUNDS Mr. HASTINGS of Washington. Mr. ished their appropriations bills. As FOR IMPEACHMENT Speaker, by direction of the Commit- many people know, in order to keep the The SPEAKER pro tempore. Under a tee on Rules, I call up House Resolu- government open for business, Presi- previous order of the House, the gen- tion 558 and ask for its immediate con- dent Clinton had to sign a continuing tleman from Rhode Island (Mr. KEN- sideration. resolution last week, but we still have NEDY) is recognized for 5 minutes. The Clerk read the resolution, as fol- to pass eight appropriations bills and Mr. KENNEDY of Rhode Island. Mr. lows: send them to the White House for sig- Speaker, I rise today in defense not of H. RES. 558 nature. Mr. Speaker, that is a tall the President but rather of the Presi- Resolved, That the requirement of clause order. By the end of next week we have dency. 4(b) of rule XI for a two-thirds vote to con- to do this. TRENT LOTT, the majority leader of sider a report from the Committee on Rules Normally, conference reports have to the Senate, has just spun to the press on the same day it is presented to the House be available at least 3 days before they that, quote-unquote, bad conduct is is waived with respect to any resolution re- are considered on the House floor. The grounds for impeachment. To me, this ported from that committee on the legisla- idea behind that rule is very simple. It tive day of October 1 or October 2, 1998, pro- is shocking. I actually could not be- viding for consideration or disposition of a is that appropriations bills are very lieve that he was serious. But, sadly, conference report to accompany a bill or important spending bills and Members he was. joint resolution making general appropria- have to have enough time to look at Today, we are at a turning point in tions for the fiscal year ending September 30, them and consider them very carefully. this debate and we have to put this 1999, or any amendment reported in disagree- So although we must hurry and fin- thing in park and take a break. ment from a conference thereon. ish these bills before they are any more b The SPEAKER pro tempore. The gen- overdue, I hesitate to support such 1430 tleman from Washington (Mr. rules except in the case of extreme cir- The removal of the President of the HASTINGS) is recognized for 1 hour. cumstances. Martial law rules nearly United States is different from the re- Mr. HASTINGS of Washington. Mr. always diminish the rights of the mi- moval of a judge, is different from the Speaker, for purposes of debate only, I nority, and I think my Republican col- removal of a Member of Congress or a yield the customary 30 minutes to the leagues have really had plenty of time college president. The situation cannot distinguished ranking member of the to finish the appropriations process. be equated, as it often is, with the CEO Committee on Rules, the gentleman But, Mr. Speaker, in this case the rule or a college president who would be re- from Massachusetts (Mr. MOAKLEY), is narrowly focused to apply only to moved for similar types of acts that pending which I yield myself such time appropriations conference reports, and the President is accused of. as I may consume. During consider- it is only in effect until the end of this To remove the President of the ation of this resolution, all time yield- week. United States would be to paralyze the ed is for the purpose of debate only. In all likelihood, Mr. Speaker, the entire government. Because, whereas a (Mr. HASTINGS of Washington asked Agriculture and Treasury Postal appro- judge, a legislator, and certainly not a and was given permission to revise and priations conference reports, which private citizen represents an entire extend his remarks.) came before the Committee on Rules branch of government, the President is October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9193 the executive branch of government, before we have had the time to under- tleman from Georgia (Mr. KINGSTON) is and to suggest his removal entails a stand what truly constitutes impeach- recognized for 5 minutes. constitutional crisis and a disruption ment and we have a frame of reference (Mr. KINGSTON addressed the House. of our whole political system. to judge our actions against when we His remarks will appear hereafter in We have all been slapped in the face continue with an inquiry, constitutes the Extensions of Remarks.) by not only the President’s action, but sounding the fire alarm before we know f also the Starr inquisition, and we have there is even a fire, and it flies in the The SPEAKER pro tempore. Under a been so busy holding our cheeks that face of the due process set forth by our previous order of the House, the gentle- we have not even examined the evi- Constitution, which says that we need woman from California (Mrs. CAPPS) is dence and made a deliberative assess- to know what to prosecute before we recognized for 5 minutes. ment of it. I myself have educated my- know whether a crime has been com- (Mrs. CAPPS addressed the House. self about the severity of the Articles mitted. Her remarks will appear hereafter in of Impeachment, and I want to share The reason the majority wants to the Extensions of Remarks.) with my colleagues and the American vote on an impeachment inquiry next people some of the thoughts that I Monday, before they know what im- f have learned. peachment really is, is because they The SPEAKER pro tempore. Under a As we all know, the Congress has would never vote to initiate an inquiry previous order of the House, the gen- been down this road only twice before once they really know what they are tleman from Florida (Mr. SCAR- in American history, and we need to talking about. And once we know what BOROUGH) is recognized for 5 minutes. wake up right now as to the severity of is truly impeachable, then we need to (Mr. SCARBOROUGH addressed the today’s issue and what it means to the ask one more question. House. His remarks will appear here- Republic and this Congress’s place in REQUEST FOR ADDITIONAL TIME after in the Extensions of Remarks.) U.S. history. The SPEAKER pro tempore (Mr. f I asked Larry Tribe, perhaps our Na- EWING). The time of the gentleman The SPEAKER pro tempore. Under a tion’s most renowned constitutional from Rhode Island (Mr. KENNEDY) has previous order of the House, the gen- scholar, to describe the upcoming vote expired. tleman from Oregon (Mr. BLUMENAUER) to begin, just to begin, an impeach- Mr. KENNEDY of Rhode Island. Mr. is recognized for 5 minutes. ment inquiry; and his answer, my col- Speaker, I ask unanimous consent to (Mr. BLUMENAUER addressed the leagues, captures everything that I proceed for an additional 3 minutes. House. His remarks will appear here- want to say today. The SPEAKER pro tempore. The after in the Extensions of Remarks.) Professor Tribe likened a vote simply time is limited to 5 minutes. The Mem- f to begin the impeachment proceeding ber will close. to that of breaking the glass of a fire The SPEAKER pro tempore. Under a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE previous order of the House, the gen- alarm, that would trigger a mad rush The SPEAKER pro tempore. The tleman from Pennsylvania (Mr. and a state of emergency. He said once Member should avoid reference to per- WELDON) is recognized for 5 minutes. the glass is broken and the alarm goes sonal conduct of the President and ref- (Mr. WELDON of Pennsylvania ad- off, we cannot put the pieces back to- erence to statements of members of the dressed the House. His remarks will ap- gether. Such an action will make it al- other body. pear hereafter in the Extensions of Re- most impossible to restore a sense of Mr. KENNEDY of Rhode Island. In marks.) stability and order in this country. Im- conclusion, once we know what im- peachment proceedings are just like peachable offense is, then we need to f pulling a fire alarm in a crowded room; ask another question. Is it the kind of The SPEAKER pro tempore. Under a you better think before you pull, lest offense in which the President’s re- previous order of the House, the gentle- many people or this Nation get hurt in maining in office is far worse for this woman from Texas (Ms. JACKSON-LEE) the process. country than what will happen to this is recognized for 5 minutes. To be sure, if we are going to go down country if we remove a President from Ms. JACKSON-LEE of Texas ad- the road to impeachment, it must be office? We need wisdom to prevail over dressed the House. Her remarks will taken with a keen sense of understand- politics. appear hereafter in the Extensions of ing and purpose. Otherwise, we will be The SPEAKER pro tempore. The Remarks.) blind to the consequences of our ac- time of the gentleman from Rhode Is- f tions. And we must begin with what land (Mr. KENNEDY) has expired. constitutes the ground for an impeach- The SPEAKER pro tempore. Under a Mr. KENNEDY of Rhode Island. Mr. previous order of the House, the gen- able offense. Speaker, I ask unanimous consent to Is this what Ken Starr says it is? Is tleman from Missouri (Mr. TALENT) is proceed for an additional 2 minutes. recognized for 5 minutes. this what TRENT LOTT says it is? Is this The SPEAKER pro tempore. The (Mr. TALENT addressed the House. what the gentleman from Illinois Chair cannot entertain the request for His remarks will appear hereafter in (HENRY HYDE) or I should say the gen- any additional time. The gentleman’s the Extensions of Remarks.) tleman from Georgia (NEWT GINGRICH) time has expired. f says it is? Or should it be the definition f of the entire Congress before we begin The SPEAKER pro tempore. Under a MILITARY ACTION AGAINST YUGO- an inquiry into impeachment? I like the fact that, in fact, the gen- previous order of the House, the gen- SLAVIA REQUIRES AUTHORITY tleman from New York (Mr. FOSSELLA) FROM CONGRESS tleman from Illinois (Mr. HYDE) has said that we should have hearings on is recognized for 5 minutes. The SPEAKER pro tempore. Under a (Mr. FOSSELLA addressed the what constitutes grounds for impeach- previous order of the House, the gen- House. His remarks will appear here- ment. That seems to be the right tleman from Colorado (Mr. SKAGGS) is after in the Extensions of Remarks.). course to take. Yet it seems the gen- recognized for 5 minutes. f tleman from Illinois (Mr. HYDE) and Mr. SKAGGS. Mr. Speaker, yesterday the gentleman from Georgia (Mr. GING- The SPEAKER pro tempore. Under a we heard news of horrible massacres of RICH) intend to proceed with an im- previous order of the House, the gen- ethnic Albanians by Serbian forces in peachment inquiry before such hear- tleman from Michigan (Mr. CONYERS) is Kosovo: women, children, the elderly ings on the working definition of what recognized for 5 minutes. all shot in cold blood. The same reports impeachment really is could even take (Mr. CONYERS addressed the House. say that these massacres may now spur place. His remarks will appear hereafter in NATO to take military action. Do they want to make it up as they the Extensions of Remarks.) As terrible as these events are, I go along? It sure sounds as though they f want to remind my colleagues that do. In my opinion, to make up a defini- The SPEAKER pro tempore. Under a under our Constitution, Congress has tion or to proceed with an inquisition previous order of the House, the gen- the responsibility to decide whether H9194 CONGRESSIONAL RECORD — HOUSE October 1, 1998 America goes to war, even a limited Congress’ war power is one of its My friend who deals with them on a war. It may well be that if this body most important and most basic respon- day-to-day basis told me that his judg- voted on military action against Yugo- sibilities. The American people have a ment of why they are so perplexed is slavia, we would support it overwhelm- right to expect Congress to do its job. because they have not been at the de- ingly. As my colleague, the gentleman from mocracy game as long as we have. But there is no doubt in my mind California (Mr. CAMPBELL), mentioned They have been under tyranny, the tyr- that attacks by U.S. forces, whether a few minutes ago, he and I have draft- anny of fascism and Communism, with- under NATO or not, against a sov- ed a letter to our colleagues urging sig- in their own lifetimes, and they know ereign nation, even if it is Milosevic’s nature on a letter to the President of that the miracle of this system of gov- Yugoslavia, constitute an act of war. the United States that the President ernment is not to be messed with. That Actions NATO may decide to take with respect that exclusive power in Con- is why they feel so strongly about what absolutely no congressional involve- gress and have the authority of Con- we are doing in this country is so ment could lead to an expensive, per- gress before military action may be wrong for the future of our constitu- haps lengthy involvement which, most taken against Yugoslavia. tional form of government. importantly, puts American lives at f As I was saying, in my opinion, what risk. The SPEAKER pro tempore. Under a we are doing now by putting the cart There are legitimate policy questions previous order of the House, the gen- before the horse, so to speak, by saying Congress should ask about the kind of tleman from New York (Mr. HINCHEY) that we are going to have a prelimi- military involvement NATO is con- is recognized for 5 minutes. nary inquiry before we know what the templating. Would air strikes do any (Mr. HINCHEY addressed the House. definition of impeachment is, to me good? Against what kind of targets? If His remarks will appear hereafter in violates the fundamental process of due air strikes do not make Milosevic stop, the Extensions of Remarks.) process, where you know what the are we willing to send in ground forces f crime is before you begin to prosecute in a shooting war into the mountains it. of Kosovo? The SPEAKER pro tempore. Under a The reason the majority wants to We may be over the Vietnam syn- previous order of the House, the gentle- vote on an impeachment inquiry before drome, but that conflict, in which I woman from California (Mrs. CAPPS) is they know what impeachment really is served, should remind us of one critical recognized for 5 minutes. is because they could never vote to ini- lesson for any military involvement: (Mrs. CAPPS addressed the House. tiate such an inquiry once they really that we should secure the Nation’s un- Her remarks will appear hereafter in knew what they were talking about. derstanding and support before major the Extensions of Remarks.) Once they knew what was really im- military action is taken. That is what f peachable, then we would have to ask military officers learned from Viet- THE HIGH COST OF PRESCRIPTION one more question: Is the impeachable nam, and that support is best assured DRUGS offense, such as perjury, is the im- peachable offense the kind of offense in when Congress debates and votes. The SPEAKER pro tempore. Under The framers of the Constitution vest- which the President’s remaining in of- the Speaker’s announced policy of Jan- fice is worse for this country than the ed the war power in Congress for very uary 7, 1997, the gentleman from Texas good reason: Both as a check against excruciating process of impeachment (Mr. TURNER) is recognized for 60 min- precipitous action by a President and that it will take to remove the Presi- utes as the designee of the minority dent from office? as a way to be sure that the American leader. people, through their elected rep- We need wisdom to prevail over poli- Mr. KENNEDY of Rhode Island. Mr. tics. We must see past the passions of resentatives, have been consulted be- Speaker, will the gentleman yield? fore the Nation goes to war. this moment and look to the true na- Mr. TURNER. I yield to the gen- ture of this offense, which in my opin- The framers placed the war power in tleman from Rhode Island. Congress because they saw it as an es- ion is better judged by God and family sential part of our democracy, reflect- BAD CONDUCT IS NOT GROUNDS FOR than by the Congress and the media. IMPEACHMENT ing the fact that it is the people’s lives What we have here is a reckless, em- and funds that are put at risk. They ex- Mr. KENNEDY of Rhode Island. Mr. barrassing, personal act. It was wrong. pressly rejected the idea that this kind Speaker, I would like to thank the gen- The President was human in trying to of power should be entrusted to a sin- tleman for yielding. hide it, and that was wrong, too. None gle individual, the President. Mr. Speaker, I apologize that I was of this, however, shows that the Presi- Some people object that the Con- cut off but those are the Rules of the dent was on a course that was dan- stitution is inconvenient in this re- House and that is the nature of the gerous to the public. floor proceedings, but I did want to spect, that there is something wrong ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE with taking the relatively small conclude with my remarks because I The SPEAKER pro tempore (Mr. cannot emphasize enough to the people amount of time that would be needed EWING). The Chair would admonish the to secure Congress’ approval. The situ- in this Chamber, my colleagues watch- Member not to refer to the personal ation in Kosovo has been worsening for ing on TV and the American people at conduct of the President and to address months. The President has had plenty large, that this is no light matter that those outside the chamber. we have been talking about. of time to seek authorization from b 1445 Congress for military action, and he We seem to be taking such a cavalier still has time to do so. attitude to this, and I know that obvi- Mr. KENNEDY of Rhode Island. Mr. Our participation in NATO does not ously a lot has to do with the politics Speaker, that was not dangerous to the supersede Congress’ role in deciding of this season. I dare say, though, what future of this republic. It did not jus- about war. In fact, Congress condi- we are embarking on truly goes to the tify throwing this democracy into a tioned U.S. participation in NATO on nature of our whole form of govern- constitutional tailspin, and it will not the requirement that it retain its con- ment. justify it. Gifts, testimony, executive stitutional prerogatives. This point I just had the opportunity last week, privilege, all these things, do these jus- was underscored by then Secretary of as a member of the Committee on Na- tify paralyzing our constitutional form State Dean Acheson at the time the tional Security, to go to New York to of government? People say this is about a certain of- North Atlantic Treaty was ratified, listen to the President’s speech on fense, perjury, and we should not let who said, global terrorism, and I met many dip- lomats who have a working relation- anyone off the hook. But during the The treaty does not mean that the United ship with our allies, democracies Watergate scandal, President Nixon States would automatically be at war, even if one of the other signatory nations were around the world, in Europe and the perjured himself in his tax returns, and the victim of an armed attack. Under our former Soviet bloc countries, and all of this was dismissed, this was dismissed, Constitution, the Congress alone has the them are so perplexed about what is as not an impeachable offense. And power to declare war. going on here in this country. what about when Caspar Weinberger October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9195 lied to this Congress about a secret ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lesterol, Norvasc for common blood war? Remember the Iran contra scan- The SPEAKER pro tempore. The pressure medication, and Relafen, dal? When asked, Caspar Weinberger Chair would admonish all Members which provides relief from arthritis. said he had no details of such a mili- that they should avoid references to Prescription drug companies give tary offensive, no details whatsoever. the personal conduct of the President. these big discounts to managed care He lied to this Congress. Guess who Mr. TURNER. Mr. Speaker, I rise companies for these drugs, these same pardoned Caspar Weinberger? Repub- today to address an issue that is impor- 10 drugs and other drugs as well, and lican president George Bush, and he did tant to every senior citizen in our then other buyers, like pharmacists so at the behest of Senator Bob Dole, country, the problem of the increasing must pay substantially more for the who pushed him to pardon Caspar cost of prescription medications. This same drugs and then pass these higher Weinberger. is an issue that has been growing in in- costs on to seniors. I just want to make a concluding tensity in recent years as the costs of For example, my study found that Ticlid, one of the most widely pre- couple of thoughts: Joe McCarthy, re- drugs have gone up and up and up. scribed medications for people who member him? He used details of peo- A number of Members of this body have had strokes, sells to the HMOs for ple’s sex lives to extort cooperation have joined together to try to address around $34 for 60 tablets. Yet in my from them and from former com- this problem and to pass legislation area of the country the average pricing munists by threatening to expose what that would lower the cost of prescrip- that seniors pay for this drug them- happened in their bedrooms. tion medication. There are currently over 75 Members of this House who selves when they are buying it out of J. Edgar Hoover, remember J. Edgar their own pocket is more than $130, Hoover? He tried to get Martin Luther have joined in sponsoring legislation to deal with the high cost of prescription nearly a 300 percent markup over the King, Jr., to drop out of the civil rights price that the HMO pays. movement by sending Coretta Scott drugs. It is my pleasure to yield to one of the leaders in this effort to combat The huge difference in prices is not King a copy of an illegally obtained going to the retail pharmacist in Santa elicit tape recording. It is documented. the cost of prescription medication, the gentlewoman from California (Mrs. Barbara or Santa Maria or Arroyo Ken Starr has done the same thing. Grande. On average these local phar- Through his dump of lurid sexual de- CAPPS). I want to mention in passing that Lois is a proud new grandmother macists are paying $100 to $110 for the tails, he is trying to embarrass this same medication. The final price the of a five-week-old boy, Walter Holden president so much so that he disrupts seniors pay includes only a reasonable Brostrom, named after his grandfather, our whole constitutional form of gov- markup to the pharmacists and then Walter Holden Capps, a former member ernment by forcing him to resign. To they are bearing the burden of the prof- me, this amounts to simply sexual of this body. The gentlewoman has been a hard it that is going to the HMOs. McCarthyism. That seniors are paying more money worker on behalf of those who are The bottom line is this: I would say for drugs than they should while HMOs fighting the high cost of prescription that the majority needs to heed the reap profits is based partly on the huge medication. She has a background in words of your own party. President discounts they get from the drug com- nursing, and, as the representative of Gerald Ford was featured in the Hill panies. But there is an even sadder the 22nd district of California, it is my Newspaper last week. You recall what story. Many seniors simply cannot af- honor to yield to the gentlewoman he said? He said an impeachable offense ford these high prices because of the from California (Mrs. CAPPS). fixed incomes they are living on, so is whatever a majority of the House of Mrs. CAPPS. Mr. Speaker, I want to they have done a variety of things, Representatives considers it to be at a thank the gentleman from Texas (Mr. given moment in history. such as taking half the prescription or TURNER). Of course, you warm my choosing of the several prescriptions But that is only what Gerald Ford heart by talking about my grandson. It meant with respect to a judge. He was that are needed for their life for life is a point of reference that I have with and death issues in many cases, or for asked to clarify his comments and many grandparents throughout my apply them to a president of the United the quality of life that they want or for Congressional district. It is with their their relief from pain and discomfort, States, and I want everyone to listen faces in my mind’s eye and with their to me, because they are so misunder- and they end up just taking part of the stories in my heart that I rise today to medications that the doctors prescribe. standing what President Ford said. speak about what I consider to be a President Ford added that the removal I have a couple of examples that I real scandal going across this country will share with you. Clyde Vann of of a duly-elected president in midterm that I have uncovered in my Congres- ‘‘Would indeed require crimes of the Pismo Beach told my staff he pays over sional District out on the central coast $300 a month for seven prescription magnitude of treason and bribery.’’ of California. Mr. Speaker, we have a constitu- drugs, and he really needs to be taking Seniors throughout the area are, we two additional medications, but that tional debate here, and I will venture are finding out, paying outrageously would add an extra $150 to his monthly to say that in my whole time in the high prices for their prescription drugs. costs. He is on a fixed income, and he United States Congress, I will not cast Even worse, these inflated prices are just cannot take these two other medi- a more important vote in my whole subsidizing the very discounts that cations that he really needs to be tak- time in Congress than the vote I cast high profit HMOs get for these very ing. next Monday against moving this coun- same medications. Harriet MacGregor of Santa Barbara try down such a reckless course that A report we have released gives to told my staff that because of the high will imperil this republic and perma- the public our study, which uncovers cost of her five prescriptions, she must nently damage this Constitution and this fact in my Congressional District sometimes skip or reduce her dosage. the definition of what is an impeach- and gives the reason why some of these This is not the kind of health care we able offense. costs are so high. There are very star- want to be providing for seniors in our In my mind, this is a sacrosanct doc- tling findings. I know the gentleman country. They should not have to sub- ument, and what is sacred in it is it is from Texas (Mr. TURNER) is going to go sidize the profits of the HMOs. They only used in those most extreme cir- into detail with the charts he has that should not have to choose between fill- cumstances. To me, this inquiry does show him the kinds of studies done in ing their prescription or buying food or not rise to that level and threshold, his district as well. paying the rent. and, for that reason, I encourage all Seniors in California on the central So I was proud to sign onto the legis- my colleagues to join with me and put coast are paying on the average 133 lation of the gentleman from Texas politics aside and say what is right for percent more for the 10 drugs most (Mr. TURNER) last week to address this the Constitution, and that is to stand commonly used by seniors. This is 133 issue. H.R. 4646 will allow pharmacies with the Constitution and vote against percent more than the HMOs are pay- the opportunity to receive the same any inquiry down this maddening road. ing at the discounted rates they get for discounts that HMOs get for the drugs I thank the gentleman from Texas these very same prescriptions. These that they dispense to seniors. I believe (Mr. TURNER) for yielding to me. are drugs like Zocor, which reduce cho- that this is a long overdue measure. H9196 CONGRESSIONAL RECORD — HOUSE October 1, 1998 I am happy to yield back now. I want Social Security. The skyrocketing others that have joined with him, and to continue the discussion at some prices for prescription drugs are it is an honor to have the gentleman point about what is happening also in unabated and they are hitting the sen- here to talk about this issue that he parts of our country that are rural ior citizens of our country very, very has worked so long and hard on. areas and where the reimbursement hard. I yield to the gentleman from Maine rate to the HMOs from Medicare is so Many of our seniors are on fixed in- (Mr. ALLEN). little that the HMOs are pulling out be- comes, and when they have to pay Mr. ALLEN. Mr. Speaker, I thank my cause of their inability to make a prof- higher prices for prescription drugs, ob- friend and colleague for yielding. I it in our rural areas. This is a double viously they have less money for food, want to say to the gentleman from whammy for our seniors. It is giving to pay for their heating bills, to pay Texas (Mr. TURNER) that I appreciate them now fewer options for their their property tax or to pay their rent, his organizing this Special Order today health care in general, and also then if that is the case, and to accommodate and for his leadership on this particu- when they do just have Medicare and some of their other vital needs for lar issue. then have to pay the full price, they their own well-being. Seniors are pay- I found, as many of us have back in are running into this problem that you ing too much in higher prices for pre- our districts as we travel around and and we have uncovered. scription drugs than HMOs and other talk to seniors, that the high price of The other thing that is interesting to most-favored-customers who buy drugs prescription drugs comes up at every me is that I have done this study on in large quantities at a discount. meeting of seniors. It does not matter the central coast of California, the gen- In my district in Indianapolis, we did where we are or who we are talking to. tleman lives in Texas, we have other do a survey among the drugstores on As long as there is a senior in the Members of Congress from Maine, from drug prices based on the widely used room, it seems, this subject will come Arkansas, from around the country, common drugs. Albuteral, a common up, particularly if we give people an and we know that this is going on all inhaler, costs as much as $18.35 in some opening. too many places right now. stores, twice as much as at the cheap- There are some reasons for that. Sen- So it is something we want to ad- est store. HMOs can charge much less. iors use one-third of all prescriptions in this country. While the average dress. I am pleased that the gentleman b 1500 has this time on the floor this after- American under age 65 uses only 4 pre- noon and we can be talking about this The drug, I think it is Vicodin, varies scriptions a year, the average senior very serious issue. between 39 cents and $2.34 per dose in uses 14 prescriptions a year. In particu- I will turn it back to the gentleman Indianapolis. lar, older Americans suffer more from now and am prepared to talk a little These high prices are feeding drug those chronic conditions such as hyper- bit more later on. companies’ growing profits. Our phar- tension, diabetes, arthritis, glaucoma Mr. TURNER. Mr. Speaker, I thank macists are complaining that when and circulatory problems that require the gentlewoman from California (Mrs. they obtain these items, that the the taking of regular prescription CAPPS). We appreciate her strong lead- major cost is theirs to pay and they drugs. ership on this very important issue. have to pass along those costs to the When Medicare was created in 1965, it Another leader in the fight to lower senior citizens at a very limited profit. was designed as a system of acute care, the cost of prescription medications for It is just plain wrong for drug compa- so it did not cover prescription drugs. our senior citizens is the gentlewoman nies to be charging the high prices in Now, the number of hospital beds is from the 10th District of Indiana (Ms. behalf of our Nation’s senior citizens. shrinking, people are not spending as CARSON). The gentlewoman, I know That is why I join the gentleman from much time in the hospital, and they from talking to her, knows firsthand Texas (Mr. TURNER) and the gentle- are not there because of advancements the problems that seniors are facing, woman from California (Mrs. CAPPS) in prescription drugs, and yet 37 per- because I have talked to her many and other colleagues in introducing cent of all seniors have zero coverage times about how she represents her dis- H.R. 4646, the Prescription Drug Fair- for prescription drugs. trict, and she works at the grassroots, ness Act. We all know that the prices have so I know she has got some interesting As my colleagues know, the legisla- been going up at a rapid rate. The stud- insight on this issue. tion will allow retail pharmacies to ies that have now been replicated in a Ms. CARSON. Mr. Speaker, I thank buy medications commonly used by number of districts are very revealing. the very distinguished colleague from senior citizens directly from the Fed- Last June I requested that the Com- Texas for yielding, and I want to com- eral General Services Administration. mittee on Government Reform and mend the gentleman for his insight and GSA is able to buy prescription medi- Oversight staff investigate whether foresight in bringing this vital issue cations at much lower prices than indi- pharmaceutical companies are taking not only to the United States House of viduals, allowing our pharmacists to advantage of older Americans because Representatives, but to the ears and pass on the savings to senior citizens. of the high price of prescription drugs. eyes of America, because it is impera- No one should be forced to choose be- There is a recent statement in a report tive that the American people under- tween buying food or medicine, least of on the pharmaceutical industry which stand that the Congress is in fact con- all our senior citizens to whom we owe reads, ‘‘Drugmakers have historically cerned about their well-being, espe- so much. So I would urge my col- raised prices to private customers to cially those who are recipients of Medi- leagues to join me in cosponsoring this compensate for the discounts they care at this particular time, the senior legislation. I would encourage the lead- grant to managed care companies. This citizens of our country. ership to set it on the calendar for practice is known as cost-shifting.’’ Mr. Speaker, I rise today again, hearing and for ultimate passage. Let I understand that the studies that along with my distinguished col- us do something important for a have now been replicated in our dis- leagues. It is kind of difficult to follow change, especially in behalf of our sen- tricts around the country are the first the eminence of my colleague the gen- ior citizens. studies to quantify the extent of price tleman from Texas (Mr. TURNER), and I am more than happy to yield to the discrimination and how it affects sen- certainly the gentlewoman from Cali- gentleman from Texas (Mr. TURNER). iors. The study investigated the prices fornia (Mrs. CAPPS). The senior citizens Mr. TURNER. Mr. Speaker, I thank of the 10 brand name drugs with the are very privileged to have this kind of the gentlewoman for her support on highest sales to the elderly. Ticlid, representation in the Congress that is this important issue and for her leader- Zocor, Fosamax, Prilosec, Norvasc, very sensitive to their needs. ship. Relafen, Procardia XL, Cardizem CD, Of course, I rise, being on the verge Another Member of the House that Zoloft and Vasotec. of being a senior citizen, I would like has taken a very prominent role of The study looked at the price dif- to announce in the beginning I prob- leadership on this issue is the gen- ferential between what seniors pay ably have a conflict of interest, be- tleman from Maine (Mr. ALLEN). The when they walk into a local pharmacy cause I want my medication affordable gentleman is a sponsor of legislation to and what the best customers of the when I advance to the age of requiring deal with this issue, along with many pharmaceutical companies pay. And October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9197 the best customers are big HMOs, the and others have introduced. These two ment. Because the GSA is one of the Federal Government, like the VA. The pieces of legislation are complemen- entities that is able to purchase these study found in my district, and it is tary, not competitive. We believe that prescription medications at much pretty much the same I believe in the the legislation will drive down the cost lower prices, this procedure will allow district of the gentleman from Texas of prescription drugs for seniors by pharmacists to pass on significant cost (Mr. TURNER) and in the district of the over 40 percent. savings to our senior citizens. gentlewoman from California (Mrs. Mr. Speaker, it is too late in this ses- Mr. Speaker, I ask my colleagues to CAPPS), that seniors pay 105 percent of sion to have this bill become law, but I support this concept, and I congratu- the price, on average, that the drug can tell my colleagues this: We are late the gentleman from Texas (Mr. companies’ most favored customers going to be back next year. This issue TURNER) for his foresight in working on get. will not go away. this issue, and all of the other cospon- Now, for comparison purposes, one We need to do something about the sors who have joined, such as the gen- thing is clear: That is, the markup or high cost of prescription drugs, and tlewoman from California (Mrs. the price discrimination on prescrip- what our legislation would do, without CAPPS), to make sure that we lift this tion drugs is far higher than it is on adding to the Federal budget, without issue up to our Nation’s consciousness other consumer goods. In fact, the fixing prices, we would put the Federal and that as soon as possible we try to price differential is about 5 times Government on the side of every senior provide some relief for our seniors in greater than the average price differen- buying pharmaceutical drugs. And if the purchase of their much-needed pre- tial for other consumer goods. we do that, the buying power of the scription drugs. Now, I wanted to say a couple of Federal Government is strong enough I thank the gentleman for yielding, things about the pharmacists, because to compensate for the high prices and I again congratulate him for the one of the things we found in the study charged by the pharmaceutical compa- hard work that he has done in pursuing is that the high price of prescription nies, to drive down the cost of prescrip- this issue. drugs is not the fault of pharmacies. tion drugs and really give our seniors a Mr. TURNER. Mr. Speaker, I thank Whether one is a chain drugstore or a chance to eat the food they are sup- the gentleman. The gentleman has local pharmacy, the markup is on aver- posed to eat and still take the medica- given outstanding leadership not only age 3 and at times all the way up to 22 tion that their doctors tell them they to this issue but to many others on be- percent, but more often it is a reason- have to take. half of the people of his district, and able markup of 3, 4, 5, 6 percent. In Mr. Speaker, I thank the gentleman. his support means a great deal to this fact, it is the large pharmaceutical I am very pleased to have been here issue. I thank the gentleman for his companies that are driving up the today. part in this Special Order. prices. Drug manufacturers makes 6 Mr. TURNER. Mr. Speaker, I thank I would like to yield once again to times more profit on prescriptions than the gentleman for his strong leadership the gentlewoman from California (Mrs. retail pharmacies. on this very, very important issue. CAPPS). Mr. Speaker, I think that we obvi- Another Member of this body who Mrs. CAPPS. Mr. Speaker, I thank ously have to do something about this, has worked hard on this particular the gentleman for yielding to me and I and I am pleased that the release of a issue is the gentleman from Georgia thank the gentleman from Georgia report in my district showed what it (Mr. BISHOP), from the Second District (Mr. BISHOP) for his support. I want to did, that the study has been replicated of Georgia. I would like to yield to the echo that it is now becoming clear, as in districts around the country. This is, gentleman. we are taking part in these Special Or- as we well know, a nationwide problem, Mr. BISHOP. Mr. Speaker, I rise ders, how widespread this has become not just a local problem. today as a cosponsor of H.R. 4646, in certain areas of our country. Despite the very important contribu- which is a bill to provide for substan- To pick up on a theme that the gen- tions that the pharmaceutical compa- tial reductions in the price of prescrip- tleman from Texas (Mr. ALLEN) men- nies have made in improving the qual- tion drugs for Medicare beneficiaries. tioned when we talked about the ter- ity and the effect of prescription drugs, Mr. Speaker, this is a time when sen- rible choices that seniors have to the fact remains, bring it down right to iors seem to be taking the brunt of the make, as we have done our studies and the grassroots level. The gentleman cuts in health care costs, specifically as we have been engaged with the sen- knows, the gentlewoman knows, I in areas such as home health care and iors in our own districts, as I have, and know people in our district who get venipuncture. So I am honored to sup- their faces come to my mind as I am about $600 or $700 a month in a Social port legislation that would make pre- standing here on the floor of Congress, Security check and that is all they scription drugs affordable for our sen- the people who have come up to me have, and a good number of them are iors. with real fear and pain in their eyes paying $100, $200, $300 a month are for Today our parents and our grand- about what they are facing on a daily prescription drugs. parents are being forced to pay much basis. It is a shame, because the part of The math does not work. They can- steeper prices for prescription drugs health care that seniors value the most not pay for food and rent and other ne- than the so-called most favored cus- is their ability to get their medications cessities and still pay the cost of their tomers of drug companies, such as that keep them alive in many in- prescription drugs. So what do they do? HMOs, large hospital chains, and in- stances, that really prolong the kind of They do not take the drugs that their deed the Federal Government. This is health that they now have become ac- doctors tell them they have to take. wrong. These entities are able to buy customed to because of the advances in That is the bottom line. Seniors in this drugs at discounted prices, and drug medicine. country are not taking the drugs that companies subsequently raise their It is to the pharmaceutical compa- their doctors tell them they have to prices to seniors and others who pay nies, for the research they have done, take. for needed prescriptions for them- that we owe the advances in medicine Vi Karion from Maine traveled down selves. for many of our seniors, so that they to our press conference last week and A Federal study that was initiated by can keep their blood pressure under she spoke of her difficulties and those the gentleman from Texas (Mr. TURN- control and their cholesterol level of her friends and neighbors. She gets ER), who was the originator of this bill, down, and their arthritis aches and about $900 a month from Social Secu- and we congratulate him, asserts that pains are not incapacitating our sen- rity, but cannot afford supplemental our senior citizens are paying twice iors as they once were. coverage for her prescription medica- what the most favored customers are b tion and she cannot always afford all of paying. This bill provides the solution 1515 her prescription drugs. to the problem by creating a level play- What a shame that right now, in this That is why I introduced the Pre- ing field. It allows retail pharmacies to day and age, when we have the re- scription Drug Fairness For Seniors buy medications used by senior citizens sources to give them, that they are Act, very similar to the bill that the directly from the General Services Ad- being asked to bear the burden of dis- gentleman from Texas (Mr. TURNER) ministration of the Federal Govern- counted prices. H9198 CONGRESSIONAL RECORD — HOUSE October 1, 1998 In other words, what the drug compa- over and said, I am just glad that my mother having to make that kind of a nies are coming back to us with after pharmacist will give me credit. I still choice. they see our studies is saying, this said to her, but if you have $540 in pre- I know that when I went to the White sounds like price-fixing. But what we scription drug bills every month and House Conference on Aging as a dele- know from our studies is that what the you only have $650 from social secu- gate in 1995, I heard the plea of the drug companies are doing is cost-shift- rity, how do you live? And she leaned 2,500 or so elderly people who were ing. That is what we need to address. over to me in that proud sort of way, there as designees from all over the They are shifting the costs in the and said, well, sometimes I just take United States asking that we keep savings that they are giving to large half my medication. those programs in place; that Congress, buyers, such as the insurance compa- Now, no senior citizen should have to and I was not a Member of Congress nies, such as the HMOs, they are shift- make that choice. That is why we are then, but that we keep those programs ing the cost from this large entity onto here today. in place that would help them keep the backs of individual seniors in my Mrs. CAPPS. The gentleman is abso- their dignity and their independence, district in California; in the district of lutely right. so they would be able to continue to the gentleman from Texas (Mr. NICK Mr. TURNER. That is why we have live at home and not be a burden either LAMPSON); in the the district of the introduced this bill. I appreciate so on their children or on society. gentleman from Texas (Mr. TURNER); in much the gentlewoman’s leadership on It is strange to me that we continue Maine, in Arkansas, in Indianapolis. this. to enact, or try to deenact, if you will, We are seeing this is happening across Mr. Speaker, I yield to my dear so many things that are putting so the country. friend and colleague, the gentleman many of these folks into troubled Mr. Speaker, that is why we need to from the 9th District of Texas (Mr. times, as the gentleman from Texas stand here today on behalf of these sen- NICK LAMPSON), another leader in the just spoke of, such as the woman who iors and speak out for them and for the fight to help our senior citizens. may not be able to live in her home if fear that they are experiencing, and Mr. LAMPSON. Mr. Speaker, I thank she cannot take the full amount of the the choices they are making between the gentleman for yielding to me. medicine that the doctor says is nec- buying food for their tables or buying Mr. Speaker, I rise today in support essary to keep her health good for her the medication that will prolong their of the Prescription Drug Fairness Act. quality of life as she reaches those lives. I really want to thank the gentleman golden years, that are longer today Actually, when we think of the cost, from Texas (Mr. TURNER) for the hard than what they used to be, that we are the cost of a senior then becoming ill work that he has done on this ex- so proud of. But if we cannot enjoy because they are not able to take their tremely important piece of legislation. those days, why live them? medication, and having to go into a Obviously, we hope it is a success, and That is not a question that our sen- high-skilled nursing facility, is much a big success, along the way. iors need to be asking. They are paying more of a burden on their families, on I say to the gentleman from Texas too high a price, in many instances, as themselves, and on society, really. So (Mr. TURNER), as I was growing up, elderly folks, and even oftentimes we we are wise to take note of this and do thinking back to the time that I was in are, ourselves. Drug companies charge something about it. It is not price-fix- Beaumont as a kid and knowing that I seniors on an average, I think the gen- ing, it is cost-sharing. That is what we lived probably about a mile or so from tleman said earlier, 103 percent more want to make sure, that the seniors are the pharmacy that we used, the High- than they charge their most favored not bearing an overburden of the price land Avenue Pharmacy, I know the re- customers. of the prescriptions that they need to lationship we built with the Masons, I looked at the chart that the gen- be making. who owned and ran that drugstore. I applaud the gentleman from Texas tleman has there. I have a copy here. I I remember that when we were sick, look across to some medicine that I (Mr. TURNER) again for the work that my mother could call them. They he is doing for the seniors of our coun- have to take. I have a stomach problem would send a prescription to our home try, really. I am a proud co-signer of and I take Prilosec. I want to ask the in instances when we could not get the gentleman’s bill, and on the efforts gentleman a question. there, and there were some difficult that are going on around the country. From what I understand here, if I can Mr. TURNER. Mr. Speaker, I thank times in our own family when I was buy, as a favored customer, my bottle the gentlewoman from California, and I growing up that would prevent us from of Prilosec that I have to buy every thank her again for sharing her in- driving even that mile to pick up a pre- month and I pay $58.38 for it, if I go to sight. I guess it is the gentlewoman’s scription from the pharmacist. my pharmacy at home in Texas I have nursing background that causes her to I knew if my mother needed to, in- to pay, for this same bottle, $107.97? be so very sensitive to what we all see stead of sending me to a doctor and Mr. TURNER. The gentleman is cor- when we go out in our districts and spending that extra $5 or $10 or what- rect. talk about this issue. It is the seniors ever she might have had to spend on Mr. LAMPSON. Mr. Speaker, if the who are having trouble just making me or my sisters or brothers, that she gentleman will continue to yield, that ends meet, who are faced with these could sometimes pick up the phone and is a 90 percent difference. What the high costs of prescription medications call Mr. Mason and ask a question, and gentleman is saying is that for this that we are trying to help here today. get some advice about what we might bottle that I am holding in my left I had a lady come up to me in Or- need to do. There were instances where hand I have to pay $58.38, but for the ange, Texas, as I was talking about that relationship saved a significant bottle that I am holding in my right this legislation at one of my local amount of money. hand I have to pay $107.97. That does pharmacies, a lovely lady named I know that as we face similar prob- not make logical sense to me. Frances Staley. She happened to be lems today with pricing of pharma- When I look at the problems that I blind. She was very a proud lady, and ceuticals, we are in many instances know that my own mother faces in at- she was telling me about how impor- losing that ability to have that rela- tempting to face these same decisions, tant she thought this issue was and tionship with our neighborhood phar- I have a hard time accepting it, not how much she supported what we are macist, with the people who provide just for her, but for all of the people in trying to do. much more than just an opportunity to this country. I began to ask her about her situa- retail-sale drugs to the people in the Our neighborhood pharmacies may be tion. She told me that she has $650 a neighborhoods. put out of business because of these month in social security. That is her I absolutely imagine the choices, the pricing practices. That is something total check. She told me that she has difficult choices that a loved one, per- that we all have to be concerned about. $540 worth of prescription drug bills haps my own mother, would have to It will make senior citizens’ lives every month. She has nine different face, as the gentleman was talking worse, because they will not be able to medications that she has to take. about a minute ago, when they were depend on their neighborhood phar- We were standing there, with her faced with the choice of buying medi- macies for advice or even personal pharmacy over there, and she looked cine or buying food. I do not want my care. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9199 All of these other figures that the ership, and the leadership which the that seniors not be disadvantaged when gentleman has cited, that the gen- gentleman from Maine (Mr. ALLEN), they buy drugs and that we will use the tleman has put together through his the gentlewoman from California (Mrs. buying power of the Federal Govern- study, are impressive, but they are also CAPPS), the gentleman from Texas (Mr. ment to make sure they get that pre- absolutely frightening. The Prescrip- LAMPSON), and so many others have ferred price as well as other citizens. tion Drug Fairness Act would protect given to this very question. The way that this has been portrayed older Americans from this type of dis- It is so unfair that our seniors are here today with the charts, with the criminatory pricing. The legislation paying, on average, we have found, all demonstration of just showing right will create a level playing field by al- across the country, twice as much for hand to left hand the same pharma- lowing retail pharmacies to buy medi- prescription drugs as those who are ceuticals, but someone is left holding cation used by senior citizens directly being treated in a more favorable light the bag, and it is usually our most vul- from the General Services Administra- by the pharmaceutical manufacturers. nerable people, our seniors who do not tion, the GSA of the Federal Govern- This is an issue that affects Amer- want to be on welfare. ment. ican seniors all across this Nation. Most of them are not on welfare. Since the General Services Adminis- There is very little variation between They have played by the rules. They tration is able to purchase prescription what we have found in one part of this paid throughout their working years medication at much lower prices, at country as opposed to another. We see for the Medicare program. When they those favored prices, then pharmacists all over our seniors being asked to pay need that program and are relying on will be able to pass on a significant the most for these drugs. it, we should not leave them adrift cost savings to our senior citizens. Of course, the reason they have to when it comes to high pharmaceutical Again, our senior citizens should not pay the most for drugs is that each prices. We ought to be there to protect ever have to choose between their senior goes individually to buy drugs. them. health or other necessities. They do not have anybody acting on If we are not going to cover drugs, at One more time, it is the difference their behalf the way that the veterans least we ought to assure them that, between the price of the bottle that I have through the Veterans Administra- when they buy those pharmaceuticals, hold in my right hand or the price of tion, or the people in managed care they are going to pay a preferred price the bottle that I hold in my left hand. plans have, when those managed care and not an unfair price. I think we need to pass this legislation plans step in and negotiate a better I want to commend the gentleman. I for the sake of all America. I thank the price for all of their members who have think this is an important opportunity gentleman. I appreciate the great work drug coverage, or what we have even on the House floor to bring this issue he has been doing. I hope to be able to done for Medicaid recipients who have home to people. It is the kind of issue stand by the gentleman and continue prescription drug coverage. people care about. So often here in to make a success of this bill. On Medicare, our Medicare bene- Washington we are talking about Mr. TURNER. Mr. Speaker, I thank ficiaries do not have prescription drug things that I do not think most Ameri- the gentleman from Texas (Mr. coverage under Medicare. I wish they cans think affect their lives in any LAMPSON). I thank him for his leader- did. It is a logical thing for them to way. But this issue affects every senior ship. have that coverage. Medicare covers and their family members in every part It is hard to understand how that doctor bills, hospital bills, all sorts of of this country. same bottle of medication can cost $58 other services, medical services. But This is the kind of thing we ought to when it is sold to the big HMOs and the when it comes to prescription drugs be dealing with, just like we should be big hospitals and the insurance compa- that they use on an outpatient basis, dealing with the protections for people nies, and yet our senior citizens, walk- Medicare will not cover it. Each person who are in HMOs or managed care to be ing into their local pharmacies, are has to come in individually and pay the sure that they are not taken advantage having to pay $107. It is just not right. price. of, that they have their rights pro- I thank the gentleman for his leader- The manufacturers of these drugs tected as consumers. We ought to be ship on this. have found that in order to keep their addressing issues like this. Mr. Speaker, I want to thank the profits up when they have to give a dis- We have only got 1 week left here in gentleman from California (Mr. WAX- count to others, they just raise the the Congress. We are going to go home MAN) personally for his leadership as price higher for individual seniors, at the end of this next week without the ranking Democrat on the Commit- often elderly women. Most people on passing a Patients’ Bill of Rights for tee on Government Reform and Over- Medicare are women, and they are the managed care, without addressing this sight in initiating with our minority ones who have to pay that price. pharmaceutical pricing issue, without staff the studies that many of us have We have heard the story today, and doing anything about protecting our been able to do in our own districts, to all Members of Congress have heard it kids from being the subject of the to- point out the problem that we are talk- from our constituents, how the elderly bacco companies’ campaigns to get ing about here today. are forced to choose between paying them to smoke at 12 and 13 years of I thank the gentleman from Califor- their rent, their food bill, their heating age, without probably the most impor- nia for his leadership on this issue, for bill, or their pharmaceutical costs. tant thing, passing legislation to re- the many years he has been working on A lot of people go without taking form our campaign finance system, this cause. their drugs, or try to take them every which, without the reform in that area, Mr. Speaker, I am proud to yield to other day, or cut the drugs in half and leads to the inordinate power of special the honorable gentleman from the 29th make them last longer. Many of them interest groups like the tobacco com- District of California (Mr. HENRY WAX- end up in hospitals because they get panies, like the insurance companies, MAN), the ranking member of our Com- sicker as a result of not taking the and like the pharmaceutical manufac- mittee on Government Reform and pharmaceuticals that can keep them turers. Oversight, a leader on health care healthy. Then the government pays a I commend the gentleman for his issues for many years, and another lot more money under Medicare for leadership and for taking this oppor- Member of this body who has for many, their hospital bills. tunity on the House floor for many of many years been a leader in the fight It does not make sense, and I think us to speak on the issue. to try to lower the cost of prescription that the approach that the gentleman Mr. LAMPSON. Mr. Speaker, if the medication for senior citizens. has taken and others have taken in gentleman will yield, one of the points Mr. WAXMAN. Mr. Speaker, I thank trying to address this problem is very, that the gentleman from California the gentleman very much for yielding very important. (Mr. WAXMAN) made is we continue to to me. see the direction go like this where it b Mr. Speaker, I want to underscore 1530 is harder and harder for seniors to the importance of this special order The approach that is taken in the meet the demands that they have on this afternoon in the House of Rep- legislation is to say that we are going the medicines that they need to buy resentatives, and the gentleman’s lead- to insist as a function of government and they make choices and not take all H9200 CONGRESSIONAL RECORD — HOUSE October 1, 1998 of their medicine or not take the medi- health care costs hit them after they in the last column the price differen- cine at all, ultimately they will end up paid into this Medicare program during tial. probably going back into institutional- their working years, and we leave them As the gentleman said, it was 90 per- ized care. vulnerable to such high out-of-pocket cent for the drug that you take. The The gentleman from California just costs for their prescription drugs that average of all of these 10 commonly mentioned a number of things that we they will not be able to afford their prescribed prescription drugs in my are facing right now, balancing our drugs or other necessities. district was 103 percent. budget, passing appropriations bills we Some people cannot even afford to We have heard others here today say have not yet done. What are we going pay their Medicare Part B premium. it was 105 percent in their district, but, to have to be doing in the future if we They are like people who are not even roughly, senior citizens are paying see an increase in the number of people in Medicare Part B because of the high twice for prescription medication than who are going back into institutional- cost of that, or they cannot go out and what the drug manufacturers are ized care, not being able to stay at buy supplemental insurance because of charging their most favored customers. home and take care of themselves? the cost of that added onto everything We talked about this in my district Mr. WAXMAN. Mr. Speaker, if the else they have to pay for. in a series of about 25 little meetings I gentleman will yield, one of the short So we ought to recognize that, while had with pharmacists all across my 19 sides of this in the way that we ap- we have done a great job in this coun- counties. I want to make it very clear proach these problems is we look at the try reducing the poverty levels of el- today, and it is shown on this third cost of hospital care under Medicare, derly people which used to be the sin- chart that I have, that the problem is which is extraordinarily high, and we gle largest group under the poverty not a problem created by our local do not connect it to the fact that we line, we still have a lot of people who pharmacies. It is the drug manufactur- have caused those costs to be incurred are having difficulties especially when ers that are responsible for this dispar- because we have not done anything to they have to pay for those high cost ity, not the retail pharmacist. protect the elderly from the high cost drugs. In fact, in most of our districts, we of medications and the fact that many Mr. LAMPSON. Mr. Speaker, if the see independent pharmacies going out of them will go without the medica- gentleman will yield, I would ask all of of business every month because their tions, forcing them to get sick and our colleagues to join the gentleman margins are so small caused by this then to use more expensive care. from Texas (Mr. TURNER) and the gen- discriminatory pricing scheme that Mr. LAMPSON. Mr. Speaker, if the tleman from California (Mr. WAXMAN) they are not able to make ends meet as gentleman will yield, then who is going and myself in supporting the Prescrip- pharmacies and are having to close to pay for that? tion Drug Fairness Act. Let us pass it down their businesses. Mr. WAXMAN. Mr. Speaker, if the and maybe we will be able to save What this chart shows you is that, of gentleman will yield, we are going to those dollars. the total price differential shown in pay for it. The country is going to pay Mr. WAXMAN. Absolutely. blue on the left-hand side, the average for it. The elderly is going to pay for it. Mr. LAMPSON. And help a lot of el- retail markup from average wholesale It is a cost of the Medicare program. derly folks along the way. by pharmacies in my district was about When we look at the Federal Govern- Mr. TURNER. Mr. Speaker, I again 1 percent, a little over 1 percent. In ment expenditures, what we spend in thank the gentleman from California fact, the highest markup for any pre- Medicare is one of our very largest ex- (Mr. WAXMAN) for his leadership on this scription medication that we studied penditures. It is not just from tax- issue. He has been a tireless worker for by retail pharmacists in my district payers, it is partly paid for by the pre- many years on behalf of health care for was 19 percent. So it is not the local miums that the elderly pay for their children, for senior citizens, and for all pharmacies that are making the Medicare. It is paid for also by the Americans. money. working people of this country who pay I again want to thank the gentleman We looked, not only at the 10 most into the Medicare system in hopes that for directing the staff of our Commit- commonly prescribed prescription they will have it available to them tee on Government Reform and Over- drugs for seniors, but we looked at a when they need it when they become sight, as our ranking member, to pre- few other drugs. Ticlid, for example, eligible because of their age to take pare these studies to document this look at the price differential on Ticlid. out that Medicare policy. very serious problem that we are talk- It is absolutely unbelievable to think Mr. LAMPSON. Mr. Speaker, if the ing about here today. the line in blue shows what senior citi- gentleman will yield, it really would The gentleman from Texas (Mr. zens are paying for Ticlid and the line make sense if we can cut the costs of LAMPSON) mentioned the difference in in the pink shows what the most fa- seniors particularly who are in greater the price of one particular drug. On the vored customers are paying. It is just need of some of these medications than chart to my right, we have depicted the almost hard to believe that Ticlid perhaps other citizens of the country results of the study that the Commit- could be costing senior citizens $117 are that we would perhaps be able to tee on Government Reform and Over- and the favored customers, the big in- save money in the long run in our sight staff did in my congressional dis- surance companies and the hospital budget. We would have to appropriate trict. chains, get it for $33. fewer dollars in the future because of What it did, Mr. Speaker, was to take Another one, Synthroid, was even these cost saving measures that we the 10 most commonly prescribed drugs more dramatic. Synthroid costs our take today. for senior citizens, and it took a look senior citizens shown here in blue Mr. WAXMAN. Mr. Speaker, if the at the prices that those drug manufac- $25.86 when they go into our local phar- gentleman will yield, I think that is turers are charging their most favored macy. The most favored customers can absolutely right. If we simply want to customers, those big HMOs, those big buy the same quantity of Synthroid for look at it as a dollar and cents issue, I insurance companies, the big hospital $1.78. think the case can be made that we chains, and even the Federal Govern- Micronase, another drug that is pre- would save money if we have protected ment. Those prices are depicted here in scribed for diabetics, costs our senior the elderly from the high cost of pre- this column. citizens and local pharmacists $45.60. scription drugs and not have to pay The one the gentleman from Texas The most favored customers or the big that amount in hospital care costs for mentioned right here was $58 that the drug manufacturers get that same them. favored customers paid. In the same quantity for $6.89. But even without just looking at it study, pharmacies in my district on av- So we see the problem. What we are from a dollar point of view from a Fed- erage were having to charge $107 to our trying to do about it in this legislation eral Government standpoint, just from senior citizens who walk in without in- is to allow our local pharmacists to a common sense humanitarian point of surance for that same quantity of pre- buy prescription drugs for Medicare el- view, how can we say to the elderly scription medication. This quantity igible seniors directly from the Federal that we are going to protect them from here is about a month’s supply of each Government who is one of these most being wiped out financially when of those prescription drugs. So you see favored customers. We believe that is October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9201 the right thing to do. We think that it face of adversity was inspiration for all measured by its length but by its qual- is the right thing for our senior citi- of us. Dan Quisenberry became the sec- ity. zens. ond Kansas City Royal to fall victim to f I wanted to thank every Member of this disease, joining manager Dick FIRST SURPLUS SINCE 1969 this Congress who has joined with us in Howser, who died in 1987, just 2 years cosponsoring this legislation. We hope after leading the Royals to the world’s The SPEAKER pro tempore (Mr. we can pass it for our senior citizens so championship. EWING). Under a previous order of the folks like Ms. Frances Staley, my con- Dan Quisenberry developed a reputa- House, the gentleman from Illinois stituent in Orange, Texas, can be able tion as a ‘‘flake’’, based on his friendly (Mr. WELLER) is recognized for 5 min- to afford her prescription medication. banter with reporters who always utes. f sought him out for a good quote. This Mr. WELLER. Mr. Speaker, I thought is a man who, finding success after a I would take a few minutes to just talk COMMUNICATION FROM THE rare downturn in his pitching fortunes, about something that is pretty excit- CLERK OF THE HOUSE told a reporter that he had found a de- ing, I find, for the folks back home in The SPEAKER pro tempore laid be- livery in his flaw. But, Quisenberry the south suburbs of Chicago and the fore the House the following commu- also was an intelligent and articulate South Side of Chicago and the rural nication from the Clerk of the House of man, a witty man who turned to poetry areas and the bedroom communities I Representatives: after his retirement from baseball. have the privilege of representing back home in Illinois. OFFICE OF THE CLERK, He also was the best relief pitcher U.S. HOUSE OF REPRESENTATIVES, the Kansas City Royals had ever October 1 is a big day. It is a big day Washington, DC, September 29, 1998. known. He was the first pitcher to save that many of us, particularly in my Hon. NEWT GINGRICH, 40 games in a season, and he still holds generation, have been waiting a long The Speaker, U.S. House of Representatives, the American League record for most time to see come. The reason October 1 Washington, DC. saves in two consecutive seasons with is such a big day is, today is the first DEAR MR. SPEAKER: Pursuant to the per- 89. At the peak of his career, he was a surplus that Washington has seen since mission granted to Clause 5 of Rule III of the 1969. Thanks to this new majority that Rules of the U.S. House of Representatives, factor in every game; unique for a the Clerk received the following message pitcher. has been in place here, the Republican from the Secretary of the Senate on Tues- Baseball writer and fellow Kansan majority that has been in place now for day, September 29, 1998 at 12:45 p.m. Bill James put it best in his baseball the last 31⁄2 years, we have the first bal- That the Senate Agreed to Conference Re- abstract, ‘‘The logic was this: let’s say anced budget in 29 years, a balanced port H.R. 6. that the Royals were one ahead in the budget that is projected to generate That the Senate Agreed to Conference Re- fifth inning, but the other team had a $1.6 trillion in extra surplus tax dollars port H.R. 4103. man on and Babe Ruth at the plate. over the next 10 years. With warm regards, You’d be thinking ‘Well, if he gets the Essentially the folks back home are ROBIN H. CARLE, sending more money to Washington Clerk. Babe out here he’s got the bottom of than we need, producing a mammoth f the order up in the sixth. That means that Babe and Lou and company don’t surplus, thanks to the fiscal respon- COMMUNICATION FROM THE come up again until the seventh at sibility that began with the Contract CLERK OF THE HOUSE worst, and if it really gets tough in the with America in 1995. I find that folks back home are pretty excited, because The SPEAKER pro tempore laid be- seventh inning, Quiz can come in and we talk about what we are going to be fore the House the following commu- the Royals will still win. So if he just doing with this surplus. There are nication from the Clerk of the House of gets Babe out here in the fifth inning, some, particularly down at the White Representatives: then the Royals win.’’ House, that want to spend it. They b OFFICE OF THE CLERK, 1545 would rather take that surplus and U.S. HOUSE OF REPRESENTATIVES, Well, it was not just the Royals who Washington, DC, September 30, 1998. spend it on whatever they can call threw this way, either. Managers would Hon. NEWT GINGRICH, emergency spending, trying to avoid The Speaker, U.S. House of Representatives, use their pinch hitters in the 5th and the budget rules and, of course, avoid Washington, DC. 6th innings, trying to keep Quisenberry the budget discipline that we have. DEAR MR. SPEAKER: Pursuant to the per- out of the game. In a sense every That is what a lot of folks back home mission granted to Clause 5 of Rule III of the Royals game revolved around trying to say. They say, if we do not set aside Rules of the U.S. House of Representatives, get to Quisenberry, and it was some- that surplus now and give it to a spe- the Clerk received the following message thing that you started thinking about cific purpose, those Washington politi- from the Secretary of the Senate on Wednes- really as soon as you got to the park. cians will spend that extra money. We day, September 30, 1998 at 10:45 a.m. This is about a man who threw un- That the Senate Agreed to Conference Re- made a commitment here 10 days ago port H.R. 4060. derhand to major league hitters and to do something with that $1.6 trillion With warm regards, got them out. But Dan Quisenberry was surplus. We made a commitment to ROBIN H. CARLE, more than a great baseball player. He save Social Security. We made a com- Clerk. was a great human being. He was ac- mitment to eliminate the marriage tax f tive in Harvesters, an organization penalty. We made a commitment, es- that collects food for the homeless, and sentially, to give $1.4 trillion, two TRIBUTE TO DAN QUISENBERRY Village Presbyterian Church. He gave times what President Clinton origi- The SPEAKER pro tempore. Under a something even more precious than his nally asked for back in January, to previous order of the House, the gen- money, he gave of his time. His dedica- saving Social Security, $1.4 trillion. tleman from Kansas (Mr. Snowbarger) tion to charity and to children was ad- Now, the $1.6 trillion in the budget is recognized for 5 minutes. mirable. surplus, of course, the 90–10 plan, as we Mr. SNOWBARGER. Mr. Speaker, the I think it is appropriate to remember now call it, sets aside 90 percent of the Kansas City area, our national past at this moment the immortal words of extra tax revenue and makes a com- time of baseball, and everyone who ad- the fabled sportswriter Grantland Rice, mitment to put that money aside for mires courage and grit suffered a tragic words which very well might have been Social Security. The remaining 10 per- loss yesterday. Dan Quisenberry, written for Dan Quisenberry: cent we are going to give back to the former relief ace for the Kansas City When the one great scorer comes to write American people, because we do not Royals, lost his battle with brain can- against your name, he marks not that you want it spent here in Washington. We cer at the age of 45. won or lost but how you played the game. want to use it to help families. Quiz faced death with the same Mr. Speaker, I ask this body to join I have often raised the issue of the unblinking fearlessness with which he me in offering condolences to the marriage tax penalty over the last faced a Wade Boggs or a Don Mattingly Quisenberry family. Let them take year, asking a simple question: Is it or a Reggie Jackson. His courage in the comfort in the fact that life is not fair, is it right that under our Tax Code H9202 CONGRESSIONAL RECORD — HOUSE October 1, 1998 that 28 million married working cou- It helps small business people in Illi- Committee on the Judiciary, I move to ples pay higher taxes today just be- nois. Helps those who want to send take from the Speaker’s table the Sen- cause they are married? Is it right that their kids off to college. We eliminate ate bill (S. 2073) to authorize appropria- our Tax Code charges a married work- the marriage tax penalty for a major- tions for the National Center for Miss- ing couple with two incomes more in ity of those who suffer it. The bottom ing and Exploited Children, with House taxes than an identical couple with line is, we also save Social Security by amendments thereto, insist on the identical incomes living together out- setting aside $1.4 trillion. House amendments, and request a con- side of marriage? f ference with the Senate thereon. I think we all agree that that is The SPEAKER pro tempore. The gen- wrong. This House made a bipartisan RECESS tleman from Pennsylvania (Mr. GOOD- commitment, by adopting the 90–10, The SPEAKER pro tempore. Pursu- LING) is recognized for one hour. plan not only to save Social Security, ant to clause 12 of rule I, the Chair de- Mr. GOODLING. Mr. Speaker, I yield setting aside $1.4 trillion to save Social clares the House in recess until ap- myself such time as I may consume. Mr. Speaker, I rise in support of my Security, but also to work to eliminate proximately 4:30 p.m. today. motion. The bill addresses the problem the marriage tax penalty. Accordingly (at 3 o’clock and 53 min- When I think of Social Security, I of juvenile crime in this country. We utes p.m.), the House stood in recess all know that juvenile crime is not think of my mom and dad but. When I until approximately 4:30 p.m. going to go away on its own. think of the marriage tax penalty. I f For two Congresses we have at- think of my sister, Pat, and brother-in- b 1633 tempted to address the problem of ju- law Rich, a school teacher and a farmer venile crime through legislation sup- back home in Sheldon, Illinois who are AFTER RECESS porting accountability and prevention just like 28 million other married programs. Yet we have not produced a working couples. They suffer the mar- The recess having expired, the House was called to order by the Speaker pro final bill. While the states have their riage tax penalty. own initiatives to combat juvenile Under our legislation, by doubling tempore (Mr. EWING) at 4 o’clock and 33 minutes p.m. crime, they rely on the resources we the standard deduction for joint filers have provided them through laws such f to twice that of a single filer, raising it as the Juvenile Justice and Delin- from $6900 to $8300, we save 28 million APPOINTMENT OF CONFEREES ON quency Prevention Act, which expired married working couples $243 under the H.R. 3874, CHILD NUTRITION AND in 1996. Today’s action is merely an ef- 90–10 plan. That saves Social Security WIC REAUTHORIZATION AMEND- fort to get to conference with the Sen- and helps eliminate the marriage tax MENTS OF 1998 ate. H.R. 3 passed the House by a vote penalty. of 286 to 123. H.R. 1818 passed the House Mr. GOODLING. Mr. Speaker, I ask Back home in the south suburbs, by a vote of 413 to 14. towns like Joliet, Illinois, $243, that is unanimous consent to take from the We need to address juvenile crime a car payment, that is a couple Speaker’s table the bill (H.R. 3874) to through a two-pronged approach. First, months’ worth of day care for a family amend the National School Lunch Act we must send a message to our youth with kids that need to be in day care and the Child Nutrition Act of 1966 to that we will not tolerate their involve- while mom and dad are forced to go to provide children with increased access ment in criminal activity. We can do work just to pay the taxes. That is a to food and nutrition assistance, to this through the imposition of appro- big victory. simplify program operations and im- priate punishment for each crime they I am also proud that not only does prove program management, to extend commit. doubling the standard deduction for certain authorities contained in those Second, we need to work with the joint filers to twice that of a single Acts through fiscal year 2003, and for youth at risk of committing juvenile filer save $243 but it also simplifies the other purposes, with a Senate amend- acts and those who have already been Tax Code, one of the other goals of our ment thereto, disagree to the Senate in touch with the juvenile justice sys- Republican Congress. By simplifying amendment, and agree to the con- tem to prevent their involvement in our Tax Code, in fact, our marriage tax ference asked by the Senate. criminal activities. relief not only saves $243 each for 28 The SPEAKER pro tempore. Is there I realize that some of the body have million couples, but we allow 6 million objection to the request of the gen- problems with certain of the provisions married working couples to no longer tleman from Pennsylvania? The Chair of the bill, that it is not perfect legisla- have to file a schedule A. They will hears none and, without objection, ap- tion. However this motion to go to con- only need to file a schedule 1040 EZ, points the following conferees: ference is the way to address these con- meaning they will no longer need to From the Committee on Education cerns. I believe the conferees will have itemize. We are simplifying their tax and the Workforce, for consideration of a much better chance to produce an ap- filing process. the House bill, and the Senate amend- proach to address the problems of juve- Mr. Speaker, that is a big victory. ment, and modifications committed to nile crime with which we can all agree. My colleagues on the other side of the conference: Messrs. GOODLING, RIGGS, I encourage my colleagues to support aisle keep raising this ogre. They al- CASTLE, CLAY and MARTINEZ. this legislation. Mr. Speaker, I yield such time as he ways say somehow by working to From the Committee on Agriculture, may consume to the gentleman from eliminate the marriage tax penalty for consideration of sections 2, 101, 104(b), 106, 202(c) and 202(o) of the House California (Mr. RIGGS). that somehow because you are doing Mr. RIGGS. Mr. Speaker, I thank the bill, and sections 101, 111, 114, 203(c), that you are somehow hurting the So- gentleman for yielding me time. I will 203(r), and titles III and IV of the Sen- cial Security trust fund. be brief, since I know we promised the As a member of the Committee on ate amendment, and modifications minority we would not have any ex- Ways and Means, two weeks ago we committed to conference: Messrs. tended debate on this particular issue. asked a representative of the Social SMITH of Oregon, GOODLATTE, and Mr. Speaker, I wanted to rise to say Security Administration, the deputy STENHOLM. that I am particularly pleased in the commissioner, and her name, Judy There was no objection. waning days of this Congress, the 105th Chesser, the gentleman from Texas f Congress, in our country’s history, we (Mr. ARCHER) asked Judith Chesser, he are going to be able to go to conference APPOINTMENT OF CONFEREES ON asked her, now, as a result of the tax with the Senate on hopefully a com- S. 2073, JUVENILE CRIME CON- bill, the tax cuts contained in the 90–10 prehensive approach to combating ju- TROL AND DELINQUENCY ACT plan, that the committee was planning venile crime. to vote out, will there be any impact OF 1998 As the chairman mentioned, there on the Social Security trust fund. Ju- Mr. GOODLING. Mr. Speaker, in ac- are two measures that have passed the dith Chesser said, absolutely, no. cordance with rule XX and by direction House, both with strong bipartisan sup- The 90–10 plan is good for families of the Committee on Education and the port; H.R. 3, the Committee on the Ju- back home. It helps farmers in Illinois. Workforce, with the concurrence of the diciary bill, and H.R. 1818, the bill that October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9203 originated in and was reported out of Empowering families, women, and children b 1702 our Committee on Education and the with the knowledge that a potential threat is AFTER RECESS Workforce. The two bills combined rep- present in their community enables them to resent very tough anti-crime legisla- take the necessary precautions to ensure that The recess having expired, the House tion and legislation that is focused on there are not second, third or fourth victims. was called to order by the Speaker pro delinquency prevention. Communities must know when a sexual pred- tempore (Mr. Everett) at 5 o’clock and I think all of us can agree, as I said ator has moved in next door or down the 2 minutes p.m. on the floor when we debated this mat- street. Now, Mr. Speaker, it is time that we f ter, that the best way to address the take this good law one step further before we problem of increasing or rising juvenile are shocked once again to hear of a needless APPOINTMENT OF CONFEREES ON crime in this country is to identify death or crime committed by a violent sexual S. 2073, JUVENILE CRIME CON- those young people who are at risk of offender. TROL AND DELINQUENCY PRE- engaging in delinquent behavior, who Included in this bill is an amendment I of- VENTION ACT OF 1998 are at risk of committing crimes, and fered with my colleagues, Mr. PAPPAS, Mr. The SPEAKER pro tempore. The through appropriate intervention by DEAL, and Mr. CUNNINGHAM. This amendment pending business is the vote on the mo- interceding in their lives early on to requires each state to create a method by tion to request a conference on S. 2073 provide them and their families, their which it will notify parents when a juvenile sex offered by the gentleman from Penn- parents and their guardians, with help offender is enrolled in their child's elementary sylvania (Mr. GOODLING) on which fur- and with the resources to divert them or secondary school. ther proceedings were postponed ear- out of the juvenile justice system. That This is a simple refinement of the work we lier today. is what the comprehensive or combined have done in the past, in order for the law to The Clerk read the title of the Senate approach of the two bills attempts to accomplish what Congress intended: ensuring bill. do. the safety and well-being of our children as The SPEAKER pro tempore. The Mr. Speaker, I do hope that we will they attend school. question is on the motion offered by be able to come back to the House with Some of our colleagues may wonder why the gentleman from New York (Mr. a comprehensive measure that is bal- notification under Megan's Law is not enough. NADLER) on which the yeas and nays anced, that is bipartisan and that is Oftentimes our schools include students from were ordered. tough on punishment but smart on pre- a variety of nearby communities. Community The vote was taken by electronic de- vention. Obviously, I am very much in notification, therefore, will not reach some of vice, and there were—yeas 376, nays 36, support of the motion to go to con- the parents of these children. Without this not voting 22, as follows: ference. knowledge, parents would not be able to take [Roll No. 474] Mr. Speaker, I thank the chairman the necessary precautions to protect their chil- YEAS—376 for yielding me time, and look forward dren from being victims of a possible re- to being able to get into those delibera- Abercrombie Carson Forbes offense. Parents deserve the peace of mind of Ackerman Castle Ford tions with our colleagues in the other knowing that their children will be safe from Aderholt Chabot Fox body. sexual predators as they attend school. Allen Chambliss Frank (MA) Ms. DUNN. Mr. Speaker, today I rise to Andrews Chenoweth Franks (NJ) Mr. Speaker, this provision complements Archer Christensen Frelinghuysen speak in support of this motion, and to remind Megan's Law and empowers parents whose Armey Clay Frost my colleagues that not only will this bill reau- children attend schools outside their commu- Bachus Clayton Gallegly thorize the National Center for Missing and nities, as well as those whose children go to Baesler Clement Ganske Exploited Children, it will also strengthen the Baker Coble Gejdenson neighborhood schools. Baldacci Coburn Gekas process already in place where communities We simply cannot let what happened to Ballenger Collins Gephardt will be notified when a violent sexual predator Megan Kanka happen again. Not in any com- Barcia Combest Gibbons is released. Barr Condit Gilchrest munity and, especially, not on a playground Barrett (NE) Cook Gillmor Action on sexual predators was prompted during recess. Barrett (WI) Cooksey Gilman years ago in my home state of Washington by I urge my colleagues to show their support Bartlett Costello Gonzalez the grisly crimes of repeat sexual offender Earl for children and families and vote to send this Barton Cox Goode Shriner. Shriner had a 24-year history of vio- Bass Coyne Goodlatte bill to conference. Bateman Cramer Goodling lent sexual assaults on young people and con- Mr. GOODLING. Mr. Speaker, I yield Becerra Crapo Gordon firmed all the studies of high rates of recidi- back the balance of my time, and I Bentsen Cubin Graham vism. He was repeatedly jailed and releasedÐ Bereuter Cummings Granger move the previous question on the mo- Berman Cunningham Green committing the same crimes for which he was tion. Berry Danner Greenwood first incarcerated over and over again. The previous question was ordered. Bilbray Davis (FL) Gutierrez After a series of other crimes committed by The SPEAKER pro tempore. The Bilirakis Davis (IL) Gutknecht repeat sexual offenders like Earl Shriner, the Bishop Davis (VA) Hall (OH) question is on the motion offered by Blagojevich DeGette Hall (TX) Washington State legislature met in a 1990 the gentleman from Pennsylvania (Mr. Bliley DeLauro Hamilton special session and passed the Sexually Vio- GOODLING). Blumenauer DeLay Hansen lent Predators Act. The question was taken; and the Blunt Deutsch Hastert The Senior Senator from Washington then Boehlert Diaz-Balart Hastings (FL) Speaker pro tempore announced that Boehner Dickey Hastings (WA) brought our state model back to D.C. to imple- the ayes appeared to have it. Bonilla Dingell Hayworth ment on the federal level. I worked in the Mr. RIGGS. Mr. Speaker, on that I Bono Dixon Hefley House to include the model in the 1994 Crime Borski Doggett Hefner demand the yeas and nays. Boswell Dooley Herger bill. The sad incident in New Jersey with The yeas and nays were ordered. Boucher Doolittle Hill Megan Kanka was unfortunately an additional The SPEAKER pro tempore. Further Boyd Doyle Hilleary factor, and the impetus for including sexually proceedings on this motion will be Brady (PA) Dreier Hinojosa violent predator language in the 1994 Crime Brady (TX) Duncan Hobson postponed until 5 p.m. Brown (CA) Dunn Hoekstra bill. With the Senior Senator's help, Mr. Zim- Brown (FL) Edwards Holden mer and I were able to convince conferees on f Brown (OH) Ehlers Hooley the 1994 crime bill to include community notifi- Bryant Ehrlich Horn cation, registration, and tracking of sexually Bunning Emerson Hostettler RECESS Burr Engel Houghton violent predators in the bill. Burton English Hoyer Since the 1994 crime law, and the subse- The SPEAKER pro tempore. Pursu- Buyer Ensign Hunter quent enactment of Megan's Law, almost all ant to clause 12 of rule I, the Chair de- Calvert Eshoo Hutchinson Camp Etheridge Hyde states have developed tracking programs that clares the House in recess until ap- Campbell Evans Istook require convicted sexual predators to register proximately 5 p.m. Canady Everett Jackson (IL) with local law enforcement agencies upon re- Accordingly (at 4 o’clock and 40 min- Cannon Ewing Jefferson lease and allow officials to notify local commu- utes p.m.), the House stood in recess Capps Fattah Jenkins Cardin Foley John nities of their presence. until approximately 5 p.m. H9204 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Johnson (CT) Moakley Shaw b 1723 Section 110(a) of the 1996 Act required that Johnson (WI) Mollohan Shays the Attorney General establish an automated Johnson, E. B. Moran (KS) Sherman Messrs. YATES, OWENS, OLVER and Johnson, Sam Moran (VA) Shimkus OBERSTAR changed their vote from entry-exit control system for all aliens at all Jones Morella Shuster ‘‘yea’’ to ‘‘nay.’’ ports of entryÐland, air and seaÐ``no later Kanjorski Murtha Sisisky than two years after the date of enactment'' of Skaggs Mr. HILL and Ms. KILPATRICK Kaptur Myrick the 1996 Act. Since the 1996 Act was enacted Kasich Neal Skeen changed their vote from ‘‘nay’’ to Skelton on September 30, 1996, the two year deadline Kelly Nethercutt ‘‘yea.’’ Smith (MI) Kennedy (MA) Neumann So the motion was agreed to. for implementation is now. Smith (NJ) The Immigration and Naturalization Service Kildee Ney Smith (OR) The result of the vote was announced Kilpatrick Northup has indicated that it needs more time to imple- Smith (TX) as above recorded. Kim Norwood Smith, Adam ment a control system at the land and sea A motion to reconsider was laid on Kind (WI) Nussle Smith, Linda ports. Kingston Obey Snowbarger the table. As a result, the House of Representatives Kleczka Ortiz Snyder The SPEAKER pro tempore (Mr. Klink Oxley passed the Solomon bill, H.R. 2920, by a vote Solomon EVERETT). Without objection, the Chair Klug Pallone Souder of 325 to 90 on November 10, 1997. This bill Knollenberg Pappas Spence appoints the following conferees: extends the deadline for implementing Section Kolbe Parker Spratt Messrs. GOODLING, CASTLE, SOUDER, 110 on land borders to October 1, 1999, and Kucinich Pascrell Stabenow HYDE, MCCOLLUM, HUTCHINSON, MAR- Stearns requires that the system ``not significantly dis- LaFalce Pastor TINEZ, SCOTT, CONYERS and Ms. JACK- LaHood Paul Stenholm rupt trade, tourism, or other legitimate cross- SON-LEE of Texas. Lampson Paxon Stokes border traffic at land border points of entry.'' Lantos Pease Strickland There was no objection. The Senate passed a different version of Stump Largent Peterson (MN) f Stupak H.R. 2920. The Senate version does not re- Latham Peterson (PA) Sununu quire the implementation of Section 110 at the LaTourette Petri PERSONAL EXPLANATION Talent land and sea ports. Rather, it merely requires Lazio Pickering Tanner Leach Pickett Mr. FOSELLA. Mr. Speaker, on rollcall No. that the Attorney General conduct a 2 year Tauscher 474, I was unavoidably detained. Had I been Levin Pitts Tauzin study on the feasibility and cost of developing Lewis (CA) Pombo Taylor (MS) present, I would have voted ``yea.'' and implementing an automated entry-exit Lewis (KY) Pomeroy Taylor (NC) f control system at land and seaports. The re- Linder Porter Thomas Lipinski Portman Thornberry REPORT ON RESOLUTION PROVID- port only requires that the INS estimate how Livingston Price (NC) Thune ING FOR CONSIDERATION OF long it will take to implement Section 110 but LoBiondo Radanovich Thurman H.R. 3789, CLASS ACTION JURIS- does not require implementation. Lowey Ramstad Tiahrt The Senate also inserted a provision into DICTION ACT OF 1998 Lucas Rangel Tierney the Commerce, Justice, State (CJS) appro- Luther Redmond Torres Mr. LINDER, from the Committee on Maloney (CT) Regula Towns priations bill that would repeal Section 110. Maloney (NY) Reyes Traficant Rules, submitted a privileged report We know that the deadline for implementa- Manton Riggs Turner (Rept. No. 105–758) on the resolution (H. tion is upon us. However, due to other issues Upton Manzullo Riley Res. 560) providing for consideration of Velazquez that have arisen in recent weeks, the House Markey Rivers Vento the bill (H.R. 3789) to amend title 28, and Senate have not yet reached an agree- Rodriguez Mascara Visclosky United States Code, to enlarge Federal Matsui Roemer ment on how to amend Section 110. Walsh Court jurisdiction over purported class This bill prohibits the Attorney General from McCarthy (MO) Rogan Wamp McCarthy (NY) Rogers Watkins actions, which was referred to the implementing Section 110(a) before October McCollum Rohrabacher Watt (NC) House Calendar and ordered to be 15, 1998. This brief two-week extension will McDade Ros-Lehtinen Watts (OK) printed. allow the House and the Senate enough time McGovern Roukema Waxman f to come up with a compromise on this issue. McHale Royce Weldon (FL) The bill was ordered to be engrossed McHugh Rush Weldon (PA) EXTENDING DATE BY WHICH McIntosh Ryun Weller and read a third time, was read the McIntyre Salmon Wexler AUTOMATED ENTRY-EXIT CON- third time, and passed, and a motion to McKeon Sanchez Weygand TROL SYSTEM MUST BE DEVEL- reconsider was laid on the table. White McNulty Sandlin OPED f Meehan Sanford Whitfield Meek (FL) Sawyer Wicker Mr. SMITH of Texas. Mr. Speaker, I YEAR 2000 INFORMATION AND Meeks (NY) Saxton Wilson ask unanimous consent that the Com- Wise READINESS DISCLOSURE ACT Menendez Scarborough Wolf mittee on the Judiciary be discharged Metcalf Schaefer, Dan Mr. GOODLATTE. Mr. Speaker, I ask Young (AK) from further consideration of the bill Mica Schaffer, Bob Young (FL) unanimous consent to take from the Millender- Schumer (H.R. 4658) to extend the date by which an automated entry-exit control sys- Speaker’s table the Senate bill (S. 2392) McDonald Sensenbrenner to encourage to disclosure and ex- Miller (CA) Serrano tem must be developed, and ask for its change of information about computer Miller (FL) Sessions immediate consideration in the House. Minge Shadegg processing problems, solutions, test The Clerk read the title of the bill. practices and test results, and related The SPEAKER pro tempore. Is there NAYS—36 matters in connection with the transi- objection to the request of the gen- Bonior Kennedy (RI) Rahall tion to the year 2000, and ask for its tleman from Texas? Clyburn Lee Roybal-Allard immediate consideration in the House. Sabo There was no objection. Conyers Lewis (GA) The Clerk read the title of the Senate DeFazio Lofgren Sanders The Clerk read the bill, as follows: McDermott Scott bill. Delahunt H.R. 4658 Farr McKinney Slaughter The SPEAKER pro tempore. Is there Fazio Mink Stark Be it enacted by the Senate and House of Rep- objection to the request of the gen- Filner Nadler Waters resentatives of the United States of America in Woolsey tleman from Virginia? Furse Oberstar Congress assembled, There was no objection. Hilliard Olver Wynn Yates SECTION 1. EXTENSION OF DATE FOR DEVELOP- The Clerk read the Senate bill, as fol- Hinchey Owens MENT OF AUTOMATED ENTRY-EXIT lows: Jackson-Lee Payne CONTROL SYSTEM. (TX) Pelosi Section 110 of division C of Public Law 104– S. 2392 208 is amended by striking ‘‘2 years after the Be it enacted by the Senate and House of Rep- NOT VOTING—22 date of enactment of this Act’’ and inserting resentatives of the United States of America in Callahan Harman Packard ‘‘October 15, 1998’’. Congress assembled, Crane Hulshof Poshard SECTION 1. SHORT TITLE. Deal Inglis Pryce (OH) Mr. SMITH of Texas. Mr. Speaker, today I This Act may be cited as the ‘‘Year 2000 In- Dicks Kennelly Quinn introduced H.R. 4658, which briefly extends formation and Readiness Disclosure Act’’. Fawell King (NY) Rothman the deadline for implementing Section 110(a) Fossella Martinez Thompson SEC. 2. FINDINGS AND PURPOSES. Fowler McCrery of the Illegal Immigration Reform and Immi- (a) FINDINGS.—Congress finds the follow- Goss McInnis grant Responsibility Act of 1996. ing: October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9205 (1)(A) At least thousands but possibly mil- whether arising under Federal or State law, that term is defined in section 3(a)(47) of the lions of information technology computer except for an action brought by a Federal, Securities Exchange Act of 1934 (15 U.S.C. systems, software programs, and semi- State, or other public entity, agency, or au- 78c(a)(47)), the term year 2000 statement does conductors are not capable of recognizing thority acting in a regulatory, supervisory, not include statements contained in any doc- certain dates in 1999 and after December 31, or enforcement capacity. uments or materials filed with the Securities 1999, and will read dates in the year 2000 and (5) MAKER.—The term ‘‘maker’’ means each and Exchange Commission, or with Federal thereafter as if those dates represent the person or entity, including the United States banking regulators, pursuant to section 12(i) year 1900 or thereafter or will fail to process or a State or political subdivision thereof, of the Securities Exchange Act of 1934 (15 those dates. that— U.S.C. 781(i)), or disclosures or writing that (B) The problem described in subparagraph (A) issues or publishes any year 2000 state- when made accompanied the solicitation of (A) and resulting failures could incapacitate ment; an offer or sale of securities. systems that are essential to the functioning (B) develops or prepares any year 2000 SEC. 4. PROTECTION FOR YEAR 2000 STATE- of markets, commerce, consumer products, statement; or MENTS. utilities, government, and safety and defense (C) assists in, contributes to, or reviews, (a) EVIDENCE EXCLUSION.—No year 2000 systems, in the United States and through- reports or comments on during, or approves, readiness disclosure, in whole or in part, out the world. or otherwise takes part in the preparing, de- shall be admissible against the maker of that (C) Reprogramming or replacing affected veloping, issuing, approving, or publishing of disclosure to prove the accuracy or truth of systems before the problem incapacitates es- any year 2000 statement. any year 2000 statement set forth in that dis- sential systems is a matter of national and (6) REPUBLICATION.—The term ‘‘republica- closure, in any covered action brought by an- global interest. tion’’ means any repetition, in whole or in other party except that— (2) The prompt, candid, and thorough dis- part, of a year 2000 statement originally (1) a year 2000 readiness disclosure may be closure and exchange of information related made by another. admissible to serve as the basis for a claim to year 2000 readiness of entities, products, (7) YEAR 2000 INTERNET WEBSITE.—The term for anticipatory breach, or repudiation of a and services— ‘‘year 2000 Internet website’’ means an Inter- contract, or a similar claim against the (A) would greatly enhance the ability of net website or other similar electronically maker, to the extent provided by applicable public and private entities to improve their accessible service, clearly designated on the law; and year 2000 readiness; and website or service by the person or entity (2) the court in any covered action shall (B) is therefore a matter of national impor- creating or controlling the content of the have discretion to limit application of this tance and a vital factor in minimizing any website or service as an area where year 2000 subsection in any case in which the court de- potential year 2000 related disruption to the statements concerning that person or entity termines that the maker’s use of the year Nation’s economic well-being and security. are posted or otherwise made accessible to 2000 readiness disclosure amounts to bad (3) Concern about the potential for legal li- the general public. faith or fraud, or is otherwise beyond what is ability associated with the disclosure and ex- (8) YEAR 2000 PROCESSING.—The term ‘‘year reasonable to achieve the purposes of this change of year 2000 readiness information is 2000 processing’’ means the processing (in- Act. impeding the disclosure and exchange of cluding calculating, comparing, sequencing, (b) FALSE, MISLEADING AND INACCURATE such information. displaying, or storing), transmitting, or re- YEAR 2000 STATEMENTS.—Except as provided (4) The capability to freely disseminate ceiving of date data from, into, and between in subsection (c), in any covered action, to and exchange information relating to year the 20th and 21st centuries, and during the the extent that such action is based on an al- 2000 readiness, solutions, test practices and years 1999 and 2000, and leap year calcula- legedly false, inaccurate, or misleading year test results, with the public and other enti- tions. 2000 statement, the maker of that year 2000 ties without undue concern about litigation (9) YEAR 2000 READINESS DISCLOSURE.—The statement shall not be liable under Federal is critical to the ability of public and private term ‘‘year 2000 readiness disclosure’’ means or State law with respect to that year 2000 entities to address year 2000 needs in a time- any written year 2000 statement— statement unless the claimant establishes, ly manner. (A) clearly identified on its face as a year in addition to all other requisite elements of (5) The national interest will be served by 2000 readiness disclosure; the applicable action, by clear and convinc- uniform legal standards in connection with (B) inscribed on a tangible medium or ing evidence, that— the disclosure and exchange of year 2000 stored in an electronic or other medium and (1) the year 2000 statement was material; readiness information that will promote dis- retrievable in perceivable form; and and closures and exchanges of such information (C) issued or published by or with the ap- (2)(A) to the extent the year 2000 statement in a timely fashion. proval of a person or entity with respect to was not a republication, that the maker (b) PURPOSES.—Based upon the powers con- year 2000 processing of that person or entity made the year 2000 statement— tained in article I, section 8, clause 3 of the or of products or services offered by that per- (i) with actual knowledge that the year Constitution of the United States, the pur- son or entity. 2000 statement was false, inaccurate, or mis- poses of this Act are— (10) YEAR 2000 REMEDIATION PRODUCT OR leading; (1) to promote the free disclosure and ex- SERVICE.—The term ‘‘year 2000 remediation (ii) with intent to deceive or mislead; or change of information related to year 2000 product or service’’ means a software pro- (iii) with a reckless disregard as to the ac- readiness; gram or service licensed, sold, or rendered by curacy of the year 2000 statement; or (2) to assist consumers, small businesses, a person or entity and specifically designed (B) to the extent the year 2000 statement and local governments in effectively and rap- to detect or correct year 2000 processing was a republication that the maker of the re- idly responding to year 2000 problems; and problems with respect to systems, products, publication made the year 2000 statement— (3) to lessen burdens on interstate com- or services manufactured or rendered by an- (i) with actual knowledge that the year merce by establishing certain uniform legal other person or entity. 2000 statement was false, inaccurate, or mis- principles in connection with the disclosure (11) YEAR 2000 STATEMENT.— leading; and exchange of information related to year (A) IN GENERAL.—The term ‘‘year 2000 (ii) with intent to deceive or mislead; or 2000 readiness. statement’’ means any communication or (iii) without notice in that year 2000 state- SEC. 3. DEFINITIONS. other conveyance of information by a party ment that— In this Act: to another or to the public, in any form or (I) the maker has not verified the contents (1) ANTITRUST LAWS.—The term ‘‘antitrust medium— of the republication; or laws’’— (i) concerning an assessment, projection, (II) the maker is not the source of the re- (A) has the meaning given to it in sub- or estimate concerning year 2000 processing publication and the republication is based on section (a) of the first section of the Clayton capabilities of an entity, product, service, or information supplied by another person or Act (15 U.S.C. 12(a)), except that such term set of products and services; entity identified in that year 2000 statement includes section 5 of the Federal Trade Com- (ii) concerning plans, objectives, or time- or republication. mission Act (15 U.S.C. 45) to the extent such tables for implementing or verifying the (c) DEFAMATION OR SIMILAR CLAIMS.—In a section 5 applies to unfair methods of com- year 2000 processing capabilities of an entity, covered action arising under any Federal or petition; and product, service, or set of products and serv- State law of defamation, trade disparage- (B) includes any State law similar to the ices; ment, or a similar claim, to the extent such laws referred to in subparagraph (A). (iii) concerning test plans, test dates, test action is based on an allegedly false, inac- (2) CONSUMER.—The term ‘‘consumer’’ results, or operational problems or solutions curate, or misleading year 2000 statement, means an individual who acquires a con- related to year 2000 processing by— the maker of that year 2000 statement shall sumer product for purposes other than re- (I) products; or not be liable with respect to that year 2000 sale. (II) services that incorporate or utilize statement, unless the claimant establishes (3) CONSUMER PRODUCT.—The term ‘‘con- products; or by clear and convincing evidence, in addition sumer product’’ means any personal property (iv) reviewing, commenting on, or other- to all other requisite elements of the appli- or service which is normally used for per- wise directly or indirectly relating to year cable action, that the year 2000 statement sonal, family, or household purposes. 2000 processing capabilities. was made with knowledge that the year 2000 (4) COVERED ACTION.—The term ‘‘covered (B) NOT INCLUDED.—For the purposes of any statement was false or made with reckless action’’ means civil action of any kind, action brought under the securities laws, as disregard as to its truth or falsity. H9206 CONGRESSIONAL RECORD — HOUSE October 1, 1998

(d) YEAR 2000 INTERNET WEBSITE.— a special year 2000 data gathering request year 2000 statement, concerning a year 2000 (1) IN GENERAL.—Except as provided in made under this subsection— remediation product or service, expressly paragraph (2), in any covered action, other (A) shall be exempt from disclosure under made in an offer to sell or in a solicitation than a covered action involving personal in- subsection (b)(4) of section 552 of title 5, (including an advertisement) by a seller, jury or serious physical damage to property, United States Code, commonly known as the manufacturer, or provider, of that product or in which the adequacy of notice about year ‘‘Freedom of Information Act’’; service unless, during the course of the offer 2000 processing is at issue, the posting, in a (B) shall not be disclosed to any third or solicitation, the party making the offer or commercially reasonable manner and for a party; and solicitation provides the following notice in commercially reasonable duration, of a no- (C) may not be used by any Federal entity, accordance with section 4(d): tice by the entity charged with giving such agency, or authority or by any third party, ‘‘Statements made to you in the course of notice on the year 2000 Internet website of directly or indirectly, in any civil action this sale are subject to the Year 2000 Infor- that entity shall be deemed an adequate arising under any Federal or State law. mation and Readiness Disclosure Act (ll mechanism for providing that notice. (4) EXCEPTIONS.— U.S.C. ll). In the case of a dispute, this Act (2) EXCEPTION.—Paragraph (1) shall not (A) INFORMATION OBTAINED ELSEWHERE.— may reduce your legal rights regarding the apply if the court finds that the use of the Nothing in this subsection shall preclude a use of any such statements, unless otherwise mechanism of notice— Federal entity, agency, or authority, or any specified by your contract or tariff.’’. (A) is contrary to express prior representa- third party, from separately obtaining the (3) RULE OF CONSTRUCTION.—Nothing in this tions regarding the mechanism of notice information submitted in response to a re- Act shall be construed to preclude any made by the party giving notice; quest under this subsection through the use claims that are not based exclusively on year (B) is materially inconsistent with the reg- of independent legal authorities, and using 2000 statements. ular course of dealing between the parties; or such separately obtained information in any (c) DUTY OR STANDARD OF CARE.— (C) occurs where there have been no prior action. (1) IN GENERAL.—This Act shall not impose representations regarding the mechanism of (B) VOLUNTARY DISCLOSURE.—A restriction upon the maker of any year 2000 statement notice, no regular course of dealing exists be- on use or disclosure of information under any more stringent obligation, duty, or tween the parties, and actual notice is clear- this subsection shall not apply to any infor- standard of care than is otherwise applicable ly the most commercially reasonable means mation disclosed to the public with the ex- under any other Federal law or State law. of providing notice. press consent of the party responding to a (2) ADDITIONAL DISCLOSURE.—This Act does (3) CONSTRUCTION.—Nothing in this sub- special year 2000 data gathering request or not preclude any party from making or pro- section shall— disclosed by such party separately from a re- viding any additional disclosure, disclaimer, (A) alter or amend any Federal or State sponse to a special year 2000 data gathering or similar provisions in connection with any statute or regulation requiring that notice request. year 2000 readiness disclosure or year 2000 about year 2000 processing be provided using statement. a different mechanism; SEC. 5. TEMPORARY ANTITRUST EXEMPTION. (a) EXEMPTION.—Except as provided in sub- (3) DUTY OF CARE.—This Act shall not be (B) create a duty to provide notice about deemed to alter any standard or duty of care year 2000 processing; section (b), the antitrust laws shall not apply to conduct engaged in, including mak- owed by a fiduciary, as defined or determined (C) preclude or suggest the use of any other by applicable Federal or State law. medium for notice about year 2000 processing ing and implementing an agreement, solely (d) INTELLECTUAL PROPERTY RIGHTS.—This or require the use of an Internet website; or for the purpose of and limited to— Act does not affect, abrogate, amend, or (D) mandate the content or timing of any (1) facilitating responses intended to cor- alter any right in a patent, copyright, semi- notices about year 2000 processing. rect or avoid a failure of year 2000 processing conductor mask work, trade secret, trade (e) LIMITATION ON EFFECT OF YEAR 2000 in a computer system, in a component of a name, trademark, or service mark, under STATEMENTS.— computer system, in a computer program or any Federal or State law. (1) IN GENERAL.—In any covered action, a software, or services utilizing any such sys- year 2000 statement shall not be interpreted tem, component, program, or hardware; or (e) INJUNCTIVE RELIEF.—Nothing in this or construed as an amendment to or alter- (2) communicating or disclosing informa- Act shall be deemed to preclude a claimant ation of a contract or warranty, whether en- tion to help correct or avoid the effects of from seeking injunctive relief with respect tered into by or approved for a public or pri- year 2000 processing failure to a year 2000 statement. vate entity. (b) APPLICABILITY.—Subsection (a) shall SEC. 7. APPLICABILITY. (2) NOT APPLICABLE.— apply only to conduct that occurs, or an (a) EFFECTIVE DATE.— (A) IN GENERAL.—This subsection shall not agreement that is made and implemented, (1) IN GENERAL.—Except as otherwise pro- apply— after the date of enactment of this Act and vided in this section, this Act shall become (i) to the extent the party whose year 2000 before July 14, 2001. effective on the date of enactment of this statement is alleged to have amended or al- (c) EXCEPTION TO EXEMPTION.—Subsection Act. tered a contract or warranty has otherwise (a) shall not apply with respect to conduct (2) APPLICATION TO LAWSUITS PENDING.— agreed in writing to so alter or amend the that involves or results in an agreement to This Act shall not affect or apply to any law- contract or warranty; boycott any person, to allocate a market or suit pending on July 14, 1998. (ii) to a year 2000 statement made in con- fix prices or output. (3) APPLICATION TO STATEMENTS AND DIS- junction with the formation of the contract (d) RULE OF CONSTRUCTION.—The exemp- CLOSURES.—Except as provided in subsection or warranty; or tion granted by this section shall be con- (b)— (iii) if the contract or warranty specifi- strued narrowly. (A) this Act shall apply to any year 2000 cally provides for its amendment or alter- SEC. 6. EXCLUSIONS. statement made beginning on July 14, 1998 ation through the making of a year 2000 (a) EFFECT ON INFORMATION DISCLOSURE.— and ending on July 14, 2001; and statement. This Act does not affect, abrogate, amend, or (B) this Act shall apply to any year 2000 (B) RULE OF CONSTRUCTION.—Nothing in alter the authority of a Federal or State en- readiness disclosure made beginning on the this subsection shall affect applicable Fed- tity, agency, or authority to enforce a re- date of enactment of this Act and ending on eral or State law in effect as of the date of quirement to provide or disclose, or not to July 14, 2001. enactment of this Act with respect to deter- provide or disclose, information under a Fed- (b) PREVIOUSLY MADE READINESS DISCLO- mining the extent to which a year 2000 state- eral or State statute or regulation or to en- SURE.— ment affects a contract or warranty. force such statute or regulation. (1) IN GENERAL.—For the purposes of sec- (f) SPECIAL DATA GATHERING.— (b) CONTRACTS AND OTHER CLAIMS.— tion 4(a), a person or entity that issued or (1) IN GENERAL.—A Federal entity, agency, (1) IN GENERAL.—Except as may be other- published a year 2000 statement after Janu- or authority may expressly designate a re- wise provided in subsections (a) and (e) of ary 1, 1996, and before the date of enactment quest for the voluntary provision of informa- section 4, this Act does not affect, abrogate, of this Act, may designate that year 2000 tion relating to year 2000 processing, includ- amend, or alter any right established by con- statement as a year 2000 readiness disclosure ing year 2000 statements, as a special year tract or tariff between any person or entity, if— 2000 data gathering request made pursuant whether entered into by a public or private (A) the year 2000 statement complied with to this subsection. person or entity, under any Federal or State the requirements of section 3(9) when made, (2) SPECIFICS.—A special year 2000 data law. other than being clearly designated on its gathering request made under this sub- (2) OTHER CLAIMS.— face as a disclosure; and section shall specify a Federal entity, agen- (A) IN GENERAL.—In any covered action (B) within 45 days after the date of enact- cy, or authority, or, with its consent, an- brought by a consumer, this Act does not ment of this Act, the person or entity seek- other public or private entity, agency, or au- apply to a year 2000 statement expressly ing the designation— thority, to gather responses to the request. made in a solicitation, including an adver- (i) provides individual notice that meets (3) PROTECTIONS.—Except with the express tisement or offer to sell, to that consumer by the requirements of paragraph (2) to all re- consent or permission of the provider of in- a seller, manufacturer, or provider of a con- cipients of the applicable year 2000 state- formation described in paragraph (1), any sumer product. ment; or year 2000 statements or other such other in- (B) SPECIFIC NOTICE REQUIRED.—In any cov- (ii) prominently posts notice that meets formation provided by a party in response to ered action, this Act shall not apply to a the requirements of paragraph (2) on its year October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9207 2000 Internet website, commencing prior to and local governments in obtaining informa- legislation goes a long way to solving the Y2K the end of the 45-day period under this sub- tion from other governmental websites, hot- problem. paragraph and extending for a minimum of lines, or information clearinghouses about Mr. DREIER. Mr. Speaker, we are 456 days 45 consecutive days and also by using the year 2000 Processing of computers, systems, same method of notification used to origi- products and services, including websites from January 1, 2000. The dawn of the new nally provide the applicable year 2000 state- maintained by independent agencies and millennium. A time of great hope and anticipa- ment. other departments. tion for many Americans; in fact, for people (2) REQUIREMENTS.—A notice under para- (2) CONSULTATION.—In creating the na- the world over. graph (1)(B) shall— tional year 2000 website, the Administrator You can bet that there will be some very se- (A) state that the year 2000 statement that of General Services shall consult with— rious time and effort put into preparing festivi- is the subject of the notice is being des- (A) the Director of the Office of Manage- ties befitting a truly historic moment. Even so, ignated a year 2000 readiness disclosure; and ment and Budget; (B) include a copy of the year 2000 state- (B) the Administrator of the Small Busi- as big a day as January 1, 2000 promises to ment with a legend labeling the statement as ness Administration; be, most Americans probably think it's a little a ‘‘Year 2000 Readiness Disclosure’’. (C) the Consumer Product Safety Commis- time early to prepare their New Year's resolu- (c) EXCEPTION.—No designation of a year sion; tions and parties. I have to agree. 2000 statement as a year 2000 readiness dis- (D) officials of State and local govern- However, the same does not hold true for closure under subsection (b) shall apply with ments; the federal government. People are increas- respect to any person or entity that— (E) the Director of the National Institute ingly coming to grips with the fact that there is (1) proves, by clear and convincing evi- of Standards and Technology; a potential Year 2000 computer problem. dence, that it relied on the year 2000 state- (F) representatives of consumer and indus- ment prior to the receipt of notice described try groups; and Some people call it a millennium bug, and if above and it would be prejudiced by the ret- (G) representatives of other entities, as de- we don't focus on solving this problem, it may roactive designation of the year 2000 state- termined appropriate. have a ripple effect that impacts virtually every ment as a year 2000 readiness disclosure; and (b) REPORT.—The Administrator of General aspect of daily life. (2) provides to the person or entity seeking Services shall submit a report to the Com- When we talk about this issue, we must un- the designation a written notice objecting to mittees on the Judiciary of the Senate and derscore the word ``potential'' problem. I am the House of Representatives and the Com- the designation within 45 days after receipt not an alarmist. We don't know what will hap- of individual notice under subsection mittee on Governmental Affairs of the Sen- (b)(1)(B)(i), or within 180 days after the date ate and the Committee on Government Re- pen to hundreds of millions of computer and of enactment of this Act, in the case of no- form and Oversight of the House of Rep- electronic systems when their internal clocks tice provided under subsection (b)(1)(B)(ii). resentatives not later than 60 days after the turn from year ``99'' to year ``00.'' In many SEC. 8. YEAR 2000 COUNCIL WORKING GROUPS. date of enactment of this Act regarding plan- cases, the answer may be nothing. (a) IN GENERAL.— ning to comply with the requirements of this However, being prudent is completely dif- (1) WORKING GROUPS.—The President’s Year section. ferent from being an alarmist. We need to be 2000 Council (referred to in this section as Ms. ESHOO. Mr. Speaker, I rise today in prudent because the more the federal govern- the ‘‘Council’’) may establish and terminate support of the Year 2000 Information and ment does to detect and solve this problem, working groups composed of Federal employ- Readiness Disclosure Act. the more local governments and public utilities ees who will engage outside organizations in As the lead Democratic co-sponsor of the do to detect and avoid this problem and the discussions to address the year 2000 problems House version of S. 2392, I'm pleased the identified in section 2(a)(1) to share informa- more private businesses do to detect and tion related to year 2000 readiness, and oth- House is considering this very critical legisla- avoid this problem, the less impact it is likely erwise to serve the purposes of this Act. tion which will assist businesses and govern- to have on American families. (2) LIST OF GROUPS.—The Council shall ment agencies in solving the Year 2000 prob- Prudence and problem solving were the maintain and make available to the public a lem. This legislation enjoys broad bipartisan principles that led me to join my colleague printed and electronic list of the working support here in the House, the Administration, from Atherton, California, ANNA ESHOO in groups, the members of each working group, and a wide spectrum of American industry. sponsoring H.R. 4455, the Year 2000 Readi- and a point of contact, together with an ad- The threat of lawsuits as a result of Year dress, telephone number, and electronic mail ness Disclosure Act on August 6th. This legis- 2000 problems has kept some companies lation, which served as a basis for the biparti- address for the point of contact, for each from releasing information for fear the informa- working group created under this section. san product of the Senate Judiciary Commit- tion could be used against them in law suits. (3) BALANCE.—The Council shall seek to tee that we are considering here today, en- achieve a balance of participation and rep- This fear of liability has put a stranglehold on courages our nation's private sector, the most resentation among the working groups. public disclosures about Year 2000 readiness. creative and energetic force for change that (4) ATTENDANCE.—The Council shall main- Mr. Speaker, I've met with senior executives can be harnessed in this effort, to get down to tain and make available to the public a from the high technology industryÐin particu- business on this problem. printed and electronic list of working group lar, I've spoken with several General Counsels The first important step that must be taken, members who attend each meeting of a from these companies. They've told me that and this is the view of a broad spectrum of ex- working group as well as any other individ- without this legislation, they must recommend uals or organizations participating in each perts including John Koskinen, the Executive to their companies that Year 2000 information meeting. Branch point-man on the Year 2000 transition, remain locked up. (5) MEETINGS.—Each meeting of a working is to dramatically increase the sharing of infor- group shall be announced in advance in ac- The bill addresses this very serious problem by facilitating the voluntary exchange of infor- mation on this ``potential'' problem. The reality cordance with procedures established by the is that most companies are not sharing very Council. The Council shall encourage work- mation for Year 2000 preparedness solutions ing groups to hold meetings open to the pub- through the issuance of statements to assist in much news on the status of their Year 2000 lic to the extent feasible and consistent with Year 2000 remediation. preparations. The reason they cite is litigation the activities of the Council and the pur- Mr. Speaker, businesses and government concerns. poses of this Act. organizations need to be candid about their Now, the sad fact is that if real problems are (b) FACA.—The Federal Advisory Commit- progress on Year 2000 readiness. This legisla- caused by the transition to the Year 2000, and tee Act (5 U.S.C. App.) shall not apply to the tion frees organizations to communicate more we all hope our efforts today will make that working groups established under this sec- less likely, there are sure to be plenty of law- tion. openly with the public and, just as importantly, suits trying to place blame and win damages. (c) PRIVATE RIGHT OF ACTION.—This section with each other, about the status of Year 2000 creates no private right of action to sue for work on critical systems. Some people estimate a trillion dollars in litiga- enforcement of the provisions of this section. This legislation is not about limiting liability, tion. Those numbers can chill any corporate (d) EXPIRATION.—The authority conferred it's about limiting disincentives to disclosure. legal counsel into advising clients to say as lit- by this section shall expire on December 31, We need to create an environment that fosters tle as possible. 2000. cooperation and consultation, not fear and Mr. Speaker, this bill is not the whole Year SEC. 9. NATIONAL INFORMATION CLEARING- paranoia. 2000 litigation answer, but it is a start. It will HOUSE AND WEBSITE. There are 456 days until January 1, 2000. give businesses more confidence that they (a) NATIONAL WEBSITE.— can talk about the state of their Year 2000 (1) IN GENERAL.—The Administrator of This bi-partisan legislation sends a strong sig- General Services shall create and maintain nal in helping our Nation prepare its computer readinessÐproblems and solutionsÐwithout until July 14, 2002, a national year 2000 systems for the new millennium. the fear that they are simply arming lawyers website, and promote its availability, de- I thank my colleague from California, Mr. planning to hit them with big Year 2000 law- signed to assist consumers, small business, DREIER for his work on this issue. I believe this suits. H9208 CONGRESSIONAL RECORD — HOUSE October 1, 1998 There is more to be done to ensure that na- the House, the gentleman from Texas central planners in a fiat money sys- tional energies and resources, both in the gov- (Mr. PAUL) is recognized for 5 minutes. tem. Hedge fund operations, because ernment and in the private sector, are directed Mr. PAUL. Mr. Speaker, the world fi- they are international in scope, are im- at solving and avoiding problems rather than nancial markets have been in chaos possible to regulate and for the current preparing for and fighting litigation. That is in now for nearly a year and a half. The ongoing crisis it is too late anyway. the best interest of American families. problem surrounding long-term capital Credit conditions that allow a com- In addition, we need to make sure that investment is only one more item to pany with less than $1 billion in capital America's high technology industry, one of the add to the list. The entire process rep- to buy $100 billion worth of stock with fastest growing and most important sectors of resents the unwinding of speculative borrowed money and manage $1.2 tril- our economy, creating millions of good jobs investments encouraged by years of lion worth of derivatives is about as for working Americans, is not bankrupted as a easy credit. By the way, Long Term classic an example as one could ever scapegoat for a problem set in place decades Credit Management is not even an find of speculative excess brought on ago. American corporation. It is registered by easy credit. As long as capital is Mr. Speaker, there is much to do next year, in the Cayman Islands, I am sure for thought to come from a computer at but today, this is the right first step. I encour- tax purposes. the Federal Reserve and not from sav- age all of my colleagues to support this truly The mess we are witnessing in the ings, the financial problems the world bipartisan bill so that it can be sent to the world today was a predictable event. faces today will persist. President and we can begin to eliminate one Artificially low interest rates and easy Our problems today should not be of the hurdles to solving the potential Year credit causes malinvestment, over- used to justify a worldwide central 2000 problem. capacity, excessive borrowing and un- bank, as has been proposed. What we Mr. DOYLE. Mr. Speaker, I rise to urge my controlled speculation. need is sound money without the cen- We have had now for 27 years a world colleagues to support this important effort to tral planning efforts of a Federal Re- saturated with fiat currencies and not deal with the Year 2000 computer problem. serve system fixing interest rates and one has had a definable unit of ac- This bill is the Senate counterpart to a regulating the money supply. Let us count. House bill, H.R. 4355, that I was pleased to give freedom a chance. cosponsor on behalf of the Administration. There have been no restraints on the This bill has now been amended to represent world monetary managers to expand f a bipartisan agreement on how we can en- their money supplies, fix short-term in- courage companies to pool their information terest rates or deliberately debase ON EDUCATION as they deal with the Y2K problem. their currencies. Although. At the same time, this bill would not shield Short-term benefits were enjoyed, it The SPEAKER pro tempore. Under a companies from liability for products that fail. is clear now they were not worth the previous order of the House, the gentle- I'd like to commend the fine men and resulting chaos. We need not look for woman from California (Mrs. CAPPS) is women from the House and Senate authoriz- the cause which puts the dollar, our recognized for 5 minutes. ing Committees who have put so much hard economy and our financial markets at Mrs. CAPPS. Mr. Speaker, we will work into this issue over the past few years, risk. The previous boom supported by vote later this week to reauthorize the as well as the many people in the Administra- the illusion of wealth coming from Higher Education Act. This is biparti- tion who have been working this for a long money creation is the cause of current san legislation at its best. It will open time as well. world events, and it guarantees further the doors of opportunity to millions of When taken together, I'm pleased to be able unwinding of the speculative orgy of young people. Increasing financial aid to say that this bill shows that the important the past decades. will bring the priceless advantages of work of governing in Washington is still going This cannot be prevented. All that we college education to many who now on. There's still a lot of work to be done to can hope for is to not prolong the cannot afford it. make the Year 2000 computer fix happen, and agony, as our monetary and fiscal poli- I am very proud of this bill, proud to it's going to take more of this kind of coopera- cies did in the U.S. in the 1930s and as be a cosigner, but it is not enough. In tion to get it done. Again, I'd like to thank my they are currently doing in Japan and order for our children to excel in high- colleagues who've put in so much hard work elsewhere in the world. er education, we must ensure that they on this bill, and I urge all the rest of us to sup- More Federal Reserve fixing of inter- have acquired a solid academic founda- port it. est rates and credit expansion can tion in their elementary and secondary The Senate bill was ordered to be hardly solve our problems when this schools. Sadly, this Congress has paid read a third time, was read the third has been precisely the cause of the little or no attention to the issues time, and passed, and a motion to re- mess in which we currently find our- plaguing elementary and secondary consider was laid on the table. selves. education. After I was elected in Price fixing of interest rates con- f March, I surveyed the schools in my tradicts the basic tenets of capitalism. district. The findings were shocking. GENERAL LEAVE Let it no more be said that today’s They showed skyrocketing enroll- Mr. GOODLATTE. Mr. Speaker, I ask mess with financial markets is a result ments, overcrowded classes, aging unanimous consent that all Members of capitalism’s shortcomings. Nothing buildings, inadequate classrooms and may have 5 legislative days within is further from the truth. Allowing the poor facilities in general. which to revise and extend their re- market to operate even under today’s marks on S. 2392, the legislation just dangerous conditions is still the best My survey called out for more class- passed. option for dealing with hedge fund’s rooms, more teachers, more access to The SPEAKER pro tempore. Is there gambling mistakes, both current and technology. objection to the request of the gen- future. Sadly, these problems are nothing tleman from Virginia? A Federal Reserve orchestrated and new. My own daughter attended Santa There was no objection. arm-twisting bailout of LTCM associ- Barbara’s Roosevelt Elementary f ated with less than a coincidentally an- School where she spent all of her ele- nounced credit expansion only puts mentary years learning in portable ANNOUNCEMENT BY THE SPEAKER classrooms, which are supposed to be a PRO TEMPORE long-term pressure on the dollar. All Americans suffer when the dollar is de- temporary solution. In fact, I just re- The SPEAKER pro tempore. The based. Congress’s responsibility is to cently visited Cambria Grammar Chair will recognize special orders the dollar and not foreign currencies, School in San Luis Obispo County, without prejudice to resumption of not foreign economies or international where they do not even have enough business. hedge funds which get in over their portable classrooms to begin to deal f heads. with their overcrowding problem. b 1730 No amount of regulation could have And at El Camino Junior High prevented or in the future prevent the School in Santa Maria, the students WORLD FINANCIAL MARKETS inevitable mistakes made in an econ- are crammed into their classrooms and The SPEAKER pro tempore (Mr. omy that is misled by rigged interest do not even have access to a gym- EVERETT). Under a previous order of rates or a money supply dictated by nasium. After spending 20 years myself October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9209 working in the Santa Barbara school important tools we have to teach our country say, I pledge my head to clear district as a school nurse, I know our children values. Together they have thinking, my heart to greater loyalty, children cannot learn in these environ- the greatest positive impact on today’s my hands to larger service and my ments. youth. But any time and anywhere health to better living, for my club, my Mr. Speaker, I have been working to these values can be encouraged and fos- community, my country and my world. pass legislation to deal with these tered in the minds of our youth, we all These organizations and the many I pressing problems. One bill would cre- stand to benefit. do not have time to mention, whether ate State infrastructure banks to le- I came to the House floor last month they are sports clubs, special interest verage private support for school con- to congratulate the Greenville, North or leadership training organizations, struction loans. Another bill would Carolina All Star Little League team they all teach our children the impor- provide tax credits for school construc- from my district. They placed second tance of unity, trust and responsibil- tion bonds and direct them toward the in the country and third in the world in ity. Promoting the values of commu- country’s highest growth areas. this year’s Little League World Series. nity, character and honesty, each Another bill would fund 100,000 new These young men know the impor- works to lead our children by example. teachers throughout our Nation. These tance of hard work, dedication and Unfortunately, we cannot always teachers are sorely needed in our ele- teamwork. And they followed the Lit- choose our children’s role models for mentary and high schools. Unfortu- tle League pledge, and I quote: I trust them. But we can be thankful for the nately, as the House races to adjourn- God, I love my country and I respect strong leaders within our own commu- ment, these bills appear to have been its laws. I will play fair and strive to nities who give of themselves for our left behind. win, but win or lose, I will always do children who are America’s future. Our children also need access to up- my best. To the moms, the dads, the scout to-date technology. According to a These are the messages that our chil- leaders, Little League coaches and ev- study by the Educational Testing Serv- dren should know and understand. eryone who shows our children that ice, by the year 2005, our country will Trust in God, respect the laws of our character and integrity do matter, require more than a million new com- land, play fair, always do your best. thank you very much. Together we can puter scientists, engineers, systems an- For men and women of any age these build the leaders of tomorrow, leaders alysts and computer programmers. are encouraging and motivating words. we can all be proud of. Where do you think we are going to Our society is fortunate to have a f find these new employees? number of other programs, organiza- Our children need strong computer tions and clubs that together with a FOUNDING FATHERS SAW BIG DIF- skills if they are to compete in the strong and supportive family foster the FERENCE BETWEEN PUBLIC technology-driven job market of to- importance of values and leadership in SERVICE AND PRIVATE CONDUCT morrow. Why have we not passed the today’s children. These programs have The SPEAKER pro tempore. Under a Computers for the Children Act, which been helping our children for years previous order of the House, the gen- would provide tax incentives to busi- learn the value of honor, integrity and tleman from New York (Mr. HINCHEY) nesses who donate computers to class- character. They have helped me, and is recognized for 5 minutes. rooms? Mr. HINCHEY. Mr. Speaker, this Recently I introduced the Teacher they continue to help many of our Na- morning on National Public Radio, au- Training Technology Act. My bill pro- tion’s children today. The Boy Scouts of America is one of thor and historian Richard Rosenfeld vides competitive grants to local school districts for computer training the Nation’s largest organizations with made some comments which I would for teachers. Having computers in more than 5 million youth and adult now like to share with the Members of school is essential. But these comput- members. Boy Scouts provides edu- the House. These are the words of Mr. ers are of no use to our students if we cational programs to build character, Rosenfeld: do not have qualified teachers who are train in the responsibilities of active The right of the people to elect their Presi- trained sufficiently to effectively train citizenship, and develop personal fit- dent, and the right of Congress to remove him are competing rights. America’s found- and educate the young people who use ness. Not only do the Boy Scouts strive to promote physical strength, but it ing fathers knew this. They worried out loud them. at the Constitutional Convention that if Mr. Speaker, our elementary and sec- promotes strength of character and leadership as well. they didn’t carefully limit the idea of an im- ondary schools provide children with peachable offense, Congress, not Presidential the basic tools they need for success In addition, the Girl Scouts of the elections, would be deciding who sits in the later in life; yes, for entrance into our United States of America is the largest White House. So on the day the founders de- secondary and college level of edu- voluntary organization for girls and fined an impeachable offense, they declared cation. Our future health as a Nation provides programs to build self-con- their unanimous intention to limit high depends on the health of our schools. fidence and develop decisionmaking crimes and misdemeanors to be actions To ignore such a basic national prior- and leadership skills. The Girl Scout against the United States. Not private mis- conduct, unrelated to the operation of gov- ity is to fail not only our children but promise encourages girls to respect themselves and authority, to be re- ernment, not sexual misconduct or even lies ourselves. to cover it up. f sponsible for their actions and work to If there can be any doubt about the found- make the world a better place. ers’ intentions, they gave us plenty of proof MORALITY Girl Scouts and Boy Scouts are two during George Washington’s first term as The SPEAKER pro tempore. Under a well-known community organizations President when Congress was investigating previous order of the House, the gen- that build confidence and community the financial affairs of his Treasury Sec- tleman from North Carolina (Mr. participation, but there are other orga- retary, Alexander Hamilton. Three Members of Congress, including future President JONES) is recognized for 5 minutes. nizations that promote these same val- Mr. JONES. Mr. Speaker, I stand be- ues through more individualized inter- James Monroe, confronted Hamilton about payments he had been secretly making to fore you at a time when the Nation is ests. James Reynolds, a convicted securities swin- concerned about society’s morality or For example, the 4–H was established dler. Hamilton was forced to admit the pay- lack of morality. The leaders and pub- to help young students learn more ments, but explained them as hush money to lic figures our children look to for about agriculture through nature. The avoid public disclosure of adultery he had guidance and inspiration fail them too 4–H has grown to become a popular or- been committing with James Reynolds’ wife. many times. What will the future hold ganization for children in rural and Hamilton had repeated sexual relations with for tomorrow’s leaders? How can we as farming communities like those in my Mrs. Reynolds and the hush money was only a Congress and as a community of district of eastern North Carolina and part of the coverup. Hamilton got Mrs. Rey- across the Nation. nolds to burn some incriminating letters and Americans make sure that our children he offered to pay travel expenses if the Rey- learn the fundamental values of re- The four Hs stand for head, heart, nolds would get out of town. spect, honesty and integrity? hands and health and indicate its mem- When Monroe and the others heard Hamil- A supportive and loving family and a bers’ dedication to community and ton’s confession they decided the matter was strong faith in God are the single most service. The 4–H members across this private, not public, and that no impeachable H9210 CONGRESSIONAL RECORD — HOUSE October 1, 1998 offense had occurred. They kept the adul- other aspect of this legislation which than 5 years; an additional, additional tery, and the coverup, a secret among them- will help thousands of people living in on top of what is already in the bill, selves, and Washington, John Adams, Thom- the most distressed communities in our $35,000 of expensing for small busi- as Jefferson, James Madison, and other Nation and give them hope. nesses; a work opportunity tax credit founding fathers apparently went along. Con- gress held no hearings, Congress released With the 1996 welfare reform law, Re- to offset the cost of hiring individuals, nothing to the public, and Hamilton’s mis- publicans began encouraging and em- and a variety of other incentives. It conduct remained a secret for 5 long years, powering individuals, yet we are told also includes family development ac- until Hamilton was long out of office. Then by leaders in some of our communities counts for the working poor. in 1797, a disgruntled former clerk of the that we need to go further in revitaliz- We need to pass this for a new urban House of Representatives leaked Hamilton’s ing lower-income communities. These policy. secrets to a muckraking journalist and the communities have been telling us that f whole country learned of Hamilton’s adul- to truly succeed, it is vital that the tery and the bribe to cover it up. And what happened? government support market-based pri- PLIGHT FACING FARMERS ACROSS The following year, in 1798, then President vate economic growth in these areas THE COUNTRY that are economically depressed. And John Adams and former President George The SPEAKER pro tempore. Under a Washington nominated Alexander Hamilton for that reason the chairman of the to be second in command of the new Federal Committee on Ways and Means in- previous order of the House, the gen- Army. Second in command to only Washing- cluded in his mark a provision relating tleman from North Dakota (Mr. POM- ton himself. With Monroe, Madison, Jeffer- to the American Community Renewal EROY) is recognized for 5 minutes. son and other founding fathers maintaining Project. Mr. POMEROY. Mr. Speaker, I want their respectful silence, the United States The Taxpayer Relief Act would allow to address my colleagues this after- Senate quickly confirmed this confessed noon on an issue that is absolutely adulterer and liar to occupy for a second the designation of up to 20 renewal communities so that we can offer tar- vital, not just vital to the State of time one of the highest offices in the govern- North Dakota, that I represent, but ment of the United States. geted, aggressive tax cuts and regu- The founding fathers saw a big difference latory relief for those communities vital to the rural dimension of this between public service and private conduct, that need them the most. What we are country of ours, and that is the plight and on the question of impeachment they trying to do is to green line depressed facing farmers right across the country warned Congress to do the same. They communities for investment, empower due to the collapse of commodity weren’t giving Congress a right to decide the poor, and, at the same time, not prices. who’s President, they gave us Presidential What has made the problem so par- elections for that. create new layers of bureaucracy. Under this provision, the Secretary ticularly acute this year over preced- These, then, are the words of author of Housing and Urban Development ing years is that, as prices have fallen, and historian Richard Rosenfeld on will be able to designate renewal com- we have learned the failing of the last this morning, October 1st, 1998. munities, 20 percent of which must be farm bill all too clearly. There is no f in rural areas. These designations longer a safety net when prices col- would be effective for 7 years. Areas lapse, and the farmers are hitting the PASS TAXPAYER RELIEF ACT FOR deck all across the country. NEW URBAN POLICY that have been nominated would have to meet certain criteria to achieve For years, farm policy in this coun- The SPEAKER pro tempore. Under a these breaks. One is it would have to try recognized that there were a couple previous order of the House, the gen- have an unemployment rate of at least of areas of risk that a family farmer tleman from Pennsylvania (Mr. 11⁄2 times that of the national rate; it could not individually deal with. One of ENGLISH) is recognized for 5 minutes. would have to have a poverty rate of at the risks was the loss of production due Mr. ENGLISH of Pennsylvania. Mr. least 20 percent; and, in urban areas, at to an act of God. A hail storm comes Speaker, in recent days, a lot of people least 70 percent of the households in along and wipes out the field. It does have heard about the Republican tax the area would have to have incomes not matter how good someone is at plan that passed the House as part of a below 80 percent of the median income farming, that is a risk they cannot 90–10 plan, which sets aside 90 percent households in the metropolitan statis- control. of the existing surplus to save Social tical area. The other type of risk was the risk of Security and also sets aside 10 percent In other words, these tax breaks are price collapse; depending upon the par- of the surplus to provide needed tax re- not tax cuts for the rich, but they are ticular vagaries of the world market in lief and tax reform. targeted for those who most need eco- a given period of time. An individual People in the discussions on this tax nomic growth. Areas would also have could be the best farmer in the county, plan have focused on some of the more to meet certain population criteria. but if prices plunged so that at the prominent aspects of it. It provides This may sound complicated, but it county elevator they are not even get- marriage penalty relief that would ben- is done to ensure that the areas nomi- ting the cost of production, they are efit 40 percent of the couples in Amer- nated are truly economically depressed going to have trouble feeding their ica; it provides full deductibility for urban areas where Federal dollars can family in the winter ahead. health insurance; it provides a deduc- truly make a difference. Well, we had a farm bill last time tion for small savers, up to $200, that When I look around my district, Mr. that represented the most significant can be written off for individuals, or Speaker, I look at communities like we change in agriculture policy in four $400 for couples, in interest income; it have in Farrell, Pennsylvania, which is decades. I voted against it. I voted expands access to prepaid tuition plans clearly economically depressed, which against it because I believed it left so that private colleges can set up pre- is financially distressed as far as the farmers with bare exposure to these paid tuition plans and allow people municipal financial condition, it has a risks and was vitally unfair in that im- with a tax break to prepurchase tuition high poverty rate, but, at the same portant respect. This afternoon I want and bank it for the future, making col- time, it has a good work ethic and a us to focus in particular on the aspect lege much more affordable; the plan al- marvelous sense of community and of price protection, because this is the lows small businesses an expensing pro- neighborhood. With the assistance of single largest peril facing family farm- vision, a greater ability to deduct these targeted breaks, a community ers this fall. equipment that they purchase; and also like Farrell could definitely benefit, As many of us read about the grow- provides tax relief for farmers and attract jobs, attract investment and ing financial difficulties in Asia, we did ranchers. empower people and allow them to not really understand what that would In my view, as a member of the Com- form capital. mean to our economy. Well, let me tell mittee on Ways and Means, these pro- Once designated, these renewal areas my colleagues, the first aspect of our visions will go a long way to relieving are eligible for a variety of incentives, economy to get this square in the face the tax burden on the middle class and including a 100 percent exclusion from was agriculture, because 45 percent of small business owners of this country. capital gains for certain qualified re- the agriculture exports in this country However, we have not focused on an- newal community assets held more went to Asia. They quit buying our Ag October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9211 exports and prices have fallen dramati- Mr. DUNCAN. Mr. Speaker, the head- member a few months ago on this floor cally. Exports to Asia are down 30 per- line in Aviation Week magazine last when another Member said in Bosnia cent. Our major customers walked week said, ‘‘NASA plans $660 million we had our troops giving rabies shots away from 30 percent of what they had station bailout for Russia.’’ The sub- to dogs. previously bought from us. Imagine the head said, ‘‘Payments would be part of Well, Mr. Speaker, the Haitians impact on price. $1.2 billion U.S. fix. Completion slips to should settle their own domestic dis- This was made even worse by the fact 2005.’’ putes and pick up their own garbage, that across the world production of It seems that our Federal Govern- and the Bosnians should give their own farm commodities was quite strong. So ment cannot do anything in an eco- rabies shots; money taken from hard- we have way more supply than we used nomical or efficient manner. working Americans to pour down one to have, and the result is a lot of sup- b 1800 black hole after another. ply, slack demand, and prices tanking. Mr. Speaker, many people feel we Now, unlike preceding years, where The station I am speaking of is of may be on the verge of a recession or we had the U.S. Department of Agri- course the Space Station, and the at least an economic downturn in this culture there to help farmers through original full cost estimate in 1984 was country. The stock market has gone these tough times, provide some cush- $8 billion. down over 400 points in just the last ion, we no longer have that safety net. This is another old Washington trick. two days. We would not be on nearly as We just have farmers taking it and Drastically low-ball the estimate on shaky economic grounds if liberal big taking it without any relief whatso- the front end. However, no one should spenders had not caused us to be over ever. be fooled by this any more. It is now $5.6 trillion in debt at just the Federal Let me try to put this in some per- estimated that total costs of the Space level, and then if we had instead fol- spective. Two years ago, as this farm Station will reach as high as $180 bil- lowed other very conservative fiscal, bill just came into effect, the price of lion, more than 20 times the original monetary, taxing, and regulatory poli- wheat was $1.66 per bushel above what cost estimates. cies. it is today. Average price at the county Now NASA wants six shuttle flights However, we are on shaky grounds, elevator this month in North Dakota is per year at a cost of $477 million per very thin ice economically, due to very $2.70 a bushel. We used to provide price flight and no telling what else. But bil- liberal policies of all types, including protection down to $4 a bushel. I am lions in cost overruns, years of addi- bad trade deals that favored large mul- not suggesting going back to the old tional delays, and now $660 million to tinational corporations at the expense farm bill, but I am suggesting we have bail out the Russians, it is all simply of small and medium-sized American to have some protection for farmers too much for a project that is draining businesses and American workers. when prices collapse. For a farmer to huge amounts from other more worth- Now we are losing 3 million jobs a get $1.66 a bushel less is just cata- while, cost-effective research. year due to our balance of payments strophic. Then, Mr. Speaker, the Federal Re- deficits, 3 million jobs to other coun- What are we thinking of doing about serve has apparently just encouraged it in this particular Congress? We are tries. Our unemployment is not yet and presided over another bailout, one low, but our underemployment is ter- putting together a disaster bill that of the largest private bailouts. Due to will be wrapped into the Ag appropria- rible. We have been replacing good, pressure from regulators, several large high-paying manufacturing jobs with tions bill. We may be voting on it as banks and investment firms came up early as tomorrow. But here is where it minimum wage employment and tour- with $3.5 billion last week to bail out a ism and restaurants. Many college falls short. The relief it provides to hedge fund called Long-Term Capital. farmers, in light of these collapsed graduates cannot find employment in This is probably the worst case or best the fields in which they trained. We are prices, is nominal, insignificant, does example of crony capitalism ever. not make them whole, will not keep ending up with the best educated wait- The partners of this firm include a ers and waitresses in the world. them on the farms. former Federal Reserve vice chairman Let me give my colleagues the hard Mr. Speaker, we need trade and eco- and others that Business Week referred reality. $1.66 collapse in prices on nomic and foreign policies that put to as a ‘‘dream team.’’ But this dream wheat. The farm bill relief proposed by this country and its workers first once team used $100 billion in borrowed the Republican majority will help again. We need to put America first money and made one bad investment farmers to 13 cents a bushel. Their even if it is not politically correct or after another. price plunge is $1.66 a bushel; we are fashionable to say so. Paul Volcker, the former Federal Re- going to help them up to 13 cents a Mr. Speaker, I include the following bushel. That does not cover the cost of serve chairman, said, ‘‘Why should the for the RECORD: weight of the Federal Government be production. That does not cover the [From the Washington Post, September 29, cost they have sunk into their crop. brought to bear to help a private inves- 1998] tor?’’ The answer is that it should not. That is not going to get the job done RECKLESS BAILOUTS James K. Glassman, the Washington for our farmers. (By James K. Glassman) It is not just wheat that is in trouble. Post columnist, wrote, ‘‘But in Amer- ica today, there’s a double standard. A The principle behind welfare reform was The relief for corn will be 7 cents a simple: If you pay people when they don’t bushel. The relief for soybeans will be 2 rule that applies to welfare mothers work, then they don’t have an incentive to cents a bushel. This is not help. We doesn’t apply to politically connected get a job. The 1996 law cut them off, and issue a press release: Big Ag relief corporations, rich speculators and irre- since then, millions have left the public dole. package coming through Congress. It is sponsible nations. Over and over, when Economists call the principle behind wel- almost worse than nothing because it powerful people and institutions get fare reform ‘‘moral hazard.’’ When people are into trouble, the government bails insured, or protected against the con- falls so far short of what is required. sequences of destructive actions, they are My colleagues, stand with me and them out.’’ But, Mr. Speaker, the American peo- more likely to take those destructive ac- help us build a relief package for our tions. Thus, of able-bodied welfare mothers farmers that actually means something ple are getting sick and tired of all know they’ll get monthly checks, they’re and will help them get through the this. Billions and billions to Russia and less likely to work. winter. other countries. Billions and billions But in America today, there’s a double f on a very questionable Space Station. standard. A rule that applied to welfare Billions and billions to try to stop civil mothers doesn’t apply to politically con- FEDERAL GOVERNMENT CANNOT wars in Haiti, Ruwanda, Somalia, Bos- nected corporations, rich speculators and ir- DO ANYTHING ECONOMICALLY nia, and now I suppose Kosovo. responsible nations. Over and over, when OR EFFICIENTLY I remember reading three or four powerful people and institutions get into trouble, the government bails them out. The SPEAKER pro tempore. Under a years ago on the front page of the The latest example is a Greenwich, Conn., previous order of the House, the gen- Washington Post that we had our hedge fund called Long-Term Capital, Ltd. tleman from Tennessee (Mr. DUNCAN) is troops in Haiti settling domestic dis- (LTC), which was founded by John recognized for 5 minutes. putes and picking up garbage. And I re- Meriwether, a ‘‘master of the universe’’ at H9212 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Salomon Brothers, along with two Nobel Americans worry, for instance, that im- in so that innocent civilians can have Prize winners, a former Federal Reserve vice peaching and convicting Clinton could hurt humanitarian aid. The Serbs are keep- chairman and other partners whom Business the economy and our world standing. This is ing out humanitarian relief workers to Week called the ‘‘dream team.’’ a legitimate concern—but I’m more afraid of get food and lodging and clothing to Using as much as $100 billion in borrowed moral hazard. If we let powerful people get money, Long-Term Capital made some disas- away with doing bad things, they will not these people. Will the West again wait trously stupid investments and teetered last only do them again, but encourage others to until it is too late? week on the brink of failure. follow their example. I have a letter signed by 18 of our col- What should happen to a firm that makes f leagues on both sides of the aisle call- terrible bets on esoteric markets? It should ing on the President to issue imme- go bust, of course. Its partners and investors CRISIS IN KOSOVO diate air power with our NATO allies should suffer swift and onerous losses—at the very least as a signal to others to stay The SPEAKER pro tempore (Mr. to stop the carnage; to indict Slobodon away from risky investments in the future. EVERETT). Under a previous order of Milosevic, the leader of Yugoslavia, Instead, Long-Term Capital is being res- the House, the gentleman from New who is responsible for this, who be- cued—not with government money (thank York (Mr. ENGEL) is recognized for 5 cause of Serbian nationalism has heaven for small favors) but through not-so- minutes. again, as he did in Bosnia, caused the subtle pressure placed by government regu- Mr. ENGEL. Mr. Speaker, I want to death of innocent people. lators on banks and investment firms to address the House today. I want to call The short-term problem, Mr. Speak- cough up $3.5 billion. It’s a classic case of moral hazard run wild. attention to a very, very serious crisis er, is that we need to get aid to these Paul Volcker, the former chairman of the in the world and that is in the Province people because what is going to start Federal Reserve, was justifiably outraged: of Yugoslavia called Kosovo. to happen is they are going to start to ‘‘Why should the weight of the federal gov- We read about it in the paper today die because of the cold and because of ernment be brought to bear to help a private on the front page, that there were sev- starvation. And that is the immediate investor?’’ Good question. eral massacres, that bodies were found concern that the world should have. The rescuers were brought together last Of long range concern is what to do week by the New York Fed at the same time of innocent civilians, men, women and that Alan Greenspan was hinting in Congress children, as the Serbian police forces in Kosovo, and I have said time and that the Fed would cut interest rates. and military units continue their cam- time again and will say it again, self- The Fed’s ‘‘official sponsorship’’ (Volcker’s paign of genocide and ethnic cleansing determination for the people of Kosovo term) of the rescue was the result, said a Fed against ethnic Albanians in Kosovo. is the only answer. Why should the Al- spokesman, of its ‘‘concerns about the good Kosovo is a place where over 92 per- banians in the former Yugoslavia be working of the marketplace, large risk expo- cent of the population, 2 million peo- treated any different than any of the sure and the potential for a disruption of payments.’’ In other words, the failure of ple, are ethnic Albanians, and they are other peoples that were allowed to Long-Term Capital posed a systemic risk; it totally dominated and ruled by Bel- form their own nation? The Croats, the could set off a cascade of other failures, lead- grade, by the Serbs who comprise less Bosnians, the Slovenians, the Macedo- ing to a sharp decline in bond and stock than 10 percent of the population. nians and so on and so forth. prices and perhaps bankruptcies. These people for 10 years have had no Self-determination is a basic prin- I am skeptical the effects would be so dire. freedoms, no political freedoms, no ciple in which we in America believe, Yes, some bonds might plummet, but that economic freedoms, no social freedoms. and if it is good enough for all the hurts current owners of those bonds. Other investors could benefit by being able to buy Unemployment is rampant, 80 percent, other ethnic groups in the former at the lower prices. Why should the Fed pre- 90 percent. No hope. And on the ground, Yugoslavia, it should be good enough vent them? the situation gets worse and worse and for the Albanians as well, particularly The truth is that no one knows what would worse. since this is the group that was getting have happened in the short-term if LTC had We have to take a stand before we see the worst end of the stick in Yugo- been allowed to fail. In the longer term, the Bosnia repeat itself. Bosnia is indeed slavia, and certainly now that we are effects are only too obvious: The rescue will repeating itself. That ended up with seeing genocide and ethnic cleansing encourage more irresponsible risk-taking by investors, just as the International Mone- 200,000 innocent people slaughtered. rear its ugly head on the continent of tary Fund’s bail out of Mexico encouraged Kosovo could be even worse. Europe. investors to make inappropriately risky in- Now, I have called and I will call The time for action is now. The only vestments in emerging markets in Asia, again and say it again, we read in the thing that Mr. Milosevic understands is leading to more IMF bailouts and a new paper today that NATO is considering the credible use of force. He will only moral-hazard cycle. air strikes in order to stop the Serbs stop as he did in Bosnia, when we had Perhaps the Fed did dampen systemic risk from killing innocent civilians. We NATO air strikes and he knew that in the LTC case, but as Caroline Baum of NATO and, more importantly, the Bloomberg Business News reported Friday, have been saying this time in and time ‘‘Traders seem to be taking a different mes- out. Actions speak louder than words. United States meant business. If he sage away from the whole affair. They see an Mr. Speaker, it is time for action. We thinks these threats are empty, and increase in moral hazard, with lenders mak- need to have immediate NATO air quite frankly they have been empty for ing increasingly risky bets with the knowl- strikes on Serbian positions in Kosovo months upon months upon months. We edge that someone will bail them out, as the so that the innocent civilians will not have said that we would threaten, we doctrine of ‘too big to fail’ spread from fi- continued to be slaughtered. have threatened him, we have said that nancial institutions to corporations to coun- We now have at least 300,000 homeless we would bring in NATO air power, we tries to private investors.’’ But we don’t need to look to Mexico or civilians, more than a tenth of the en- have done all kinds of flying, but he Greenwich for examples to moral hazard run tire population, some people would say knows it does not mean a hill of beans. wild. Look to Capitol Hill, where a bill is it is as much as a quarter of the entire The only thing he will understand is if now racing through Congress that would bail population, driven from their homes, he knows the West is ready to take ac- out companies that made imprudent bids for and the pattern is like this. First Ser- tion. wireless telephone licenses. bian artillery shells the villages, caus- Now, shamefully our allies in Ger- The firms bid too high in a 1996 FCC auc- ing innocent civilians to flee in panic, many and Italy are trying to say that tion. At the very least, it seems, they should the United Nations Security Council lose the $1.3 billion they put up in down pay- fleeing into the hills and into the ments. But, instead, the House Commerce mountains. Then the next thing they needs to approve before NATO could Committee on Thursday unanimously ap- do after the civilians have left is they move forward. I did not know the proved a deal that lets them renege on their come in and loot the houses and they United Nations had a veto on what bid obligations and get full refunds on what steal everything they can. And then fi- NATO can do. I think the NATO alli- they’ve already paid the government. nally they burn the houses down to the ance needs to take action and needs to Not only is that bailout grossly unfair, it ground. take action now, from a humanitarian will also encourage reckless behavior in fu- So we have a situation where refu- point of view. Also, the thing is that ture auctions. And, speaking of reckless be- havior: There’s a parallel to be drawn be- gees now cannot have a place to go this can explode into a wider war and tween moral hazard in the LTC, wireless and back to. And we are facing, as winter is drag our NATO allies in if we do not IMF cases and moral hazard in the current approaching, perhaps another week or act now. The time for military strikes scandal involving President Clinton. two at the most, where we need to get is now. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9213 THE PROBLEMS FACING MICHIGAN to abide with those same provisions, Here in Congress and across the FARMERS AND RANCHERS that means our farmers are paying country, we must be ever mindful of The SPEAKER pro tempore. Under a huge increased costs. That means by the terrorist threat. The threat is real previous order of the House, the gen- limiting our farmers’ ability to farm and the threat will surface again. Fed- tleman from Michigan (Mr. SMITH) is the same efficient manner as farmers eral agencies involved in the fight recognized for 5 minutes. in other nations are farming, it puts against terrorism must be supported Mr. SMITH of Michigan. Mr. Speak- our farmers at a competitive disadvan- and encouraged if we are to win this er, I rise to address the assembly today tage. battle against terrorism. The Congress on the subject of the problems facing We have to be very, very careful, Mr. and the American people need to fully Michigan farmers and ranchers. The Speaker, that we do not force some of support this work as we look to the fu- conference report on the 1999 Agri- our farmers and ranchers out of busi- ture. culture Appropriations Act helps some ness because of this mandated ineffi- of these farmers in facing what is a ciency. Our consumers in this country f very, serious problem in this Nation. may have to be dependent on the fruits What we are faced with is a transi- and vegetables and food products that CONFERENCE REPORT ON H.R. 4104, tion of our farmers and ranchers into a would be imported from other coun- TREASURY AND GENERAL GOV- new Federal market-oriented, freedom tries. Right now we enjoy the lowest ERNMENT APPROPRIATIONS ACT, to farm, public policy. That means that cost, highest quality food of anyplace 1999 subsidies in place for the last 65 years in the world. That is because our farm- Mr. KOLBE submitted the following are being phased out. ers and ranchers are extremely effi- conference report and statement on the The problem is, Mr. Speaker, that cient and our system of distribution is bill (H.R. 4104) making appropriations this year in particular farmers are fac- very good in terms of providing good for the Treasury Department, the ing a combination of disease, bad services to the consumers. United States Postal Service, the Exec- weather, a loss of our markets, espe- While the rest of the economy is gen- utive Office of the President, and cer- cially in Asia, and extremely low com- erally strong, Mr. Speaker, farmers in tain Independent Agencies, for the fis- modity prices. Farmers are going out our country are facing one of the most cal year ending September 30, 1999, and of business. Bankruptcies are being ad- difficult years in a long time. The dis- for other purposes: vertised throughout the United States aster money that is provided in the as farmers have hit disastrous situa- 1999 appropriation bill will be available CONFERENCE REPORT (H. REPT. 105–760) tions where they feel that they and to agricultural producers regardless of The committee of conference on the dis- their families and their kids can no the type of crop that they produce and agreeing votes of the two Houses on the longer survive on that particular farm amendment of the Senate to the bill (H.R. is a modest effort to help. While this 4104) ‘‘making appropriations for the Treas- operation. Often a farm operation that will not fully reimburse producers for ury Department, the United States Postal was run by their parents, their grand- the extreme losses that they are suffer- Service, the Executive Office of the Presi- parents, their great-grandparents can ing this year, it will help. But in the dent, and certain Independent Agencies, for no longer provide a living. long run we have to face up to the the fiscal year ending September 30, 1999, and The 1999 appropriations bills deal question of whether or not we are for other purposes’’, having met, after full with some of these problems but not all going to allow our farmers and our and free conference, have agreed to rec- of the problems. As we phase out and ranchers to go out of business. That ommend and do recommend to their respec- demand that our farmers in this coun- tive Houses as follows: would mean that our consumers are That the House recede from its disagree- try go into a market-oriented system, going to become more and more de- ment to the amendment of the Senate, and other countries remain steadfast in pendent on imported products. Mr. agree to the same with an amendment, as being very protective to make sure Speaker, if we want to protect this follows: that the farmers and ranchers in their country’s ability to produce high qual- In lieu of the matter stricken and inserted countries can remain on the farm; that ity, low cost food, we can not force our by said amendment, insert: their country maintains the farming farmers out of business. That the following sums are appropriated, out of any money in the Treasury not otherwise ap- base in their country, the ability to f grow food and fiber in that country so propriated, for the Treasury Department, the b 1815 United States Postal Service, the Executive Of- that they have assurance that their fice of the President, and certain Independent country will never have to be depend- FOCUSING ATTENTION ON THE Agencies, for the fiscal year ending September ent on other countries for their food. FIGHT AGAINST TERRORISM 30, 1999, and for other purposes, namely: Our farmers and ranchers in this TITLE I—DEPARTMENT OF THE TREASURY country not only are facing a smaller (Mr. SKELTON asked and was given DEPARTMENTAL OFFICES market, facing disease and bad weather permission to address the House for 1 and the resulting low commodity minute and to revise and extend his re- SALARIES AND EXPENSES prices, but are facing an administra- marks.) For necessary expenses of the Departmental Offices including operation and maintenance of tion which is threatening to impose Mr. SKELTON. Mr. Speaker, focusing public attention on the fight against the Treasury Building and Annex; hire of pas- very restrictive regulations on our senger motor vehicles; maintenance, repairs, farmers that other farmers in other terrorism is a continuing challenge. and improvements of, and purchase of commer- countries do not have to abide by or The threat of terrorism is an out-of- cial insurance policies for, real properties leased pay for. sight, out-of-mind type issue. When an or owned overseas, when necessary for the per- For example if one looks at the Food incident occurs, such as a terrorist formance of official business; not to exceed Quality Protection Act an effort of this bombing or retaliatory action, interest $2,900,000 for official travel expenses; not to ex- body, this Congress, to do away with and concern about terrorism quickly ceed $150,000 for official reception and represen- the old Delaney clause, now we see reg- moves to the forefront. But usually tation expenses; not to exceed $258,000 for un- after a few days or weeks, the terrorist foreseen emergencies of a confidential nature, to ulations that are being developed by be allocated and expended under the direction this administration that suggest that threat tends to be forgotten by the of the Secretary of the Treasury and to be ac- we should do away with herbicides and media and the American public. counted for solely on his certificate, $123,151,000: insecticides because they might have Mr. Speaker, no matter what the Provided, That the Office of Foreign Assets some compounded dangerous effect and state of public attention, the war Control shall be funded at no less than be carcinogenic if individuals were to against terrorism is ongoing. The cap- $6,560,800: Provided further, That the Depart- eat pounds or tons of these pesticides. ture of those who were involved in the ment is authorized to charge both direct and in- Now, here is the problem that this bombings in Kenya and Tanzania was direct costs to the Office of Foreign Assets Con- country faces: if we impose these kind brought about by outstanding CIA and trol in the implementation of this floor: Provided further, That the methodology for applying of nonscientific global warming, air FBI efforts. Just recently, the FBI such charges will be the same method used in quality, water quality, herbicide, insec- aided the Ugandan authorities in pre- developing the Departmental Offices Fiscal Year ticide regulations on our farmers, and venting the bombing of our embassy in 1999 President’s Budget Justification to the Con- farmers in other countries do not have Uganda’s capital in Kampala. gress. H9214 CONGRESSIONAL RECORD — HOUSE October 1, 1998

AUTOMATION ENHANCEMENT vestigations of missing and exploited children, thorized to obligate funds in anticipation of re- (INCLUDING TRANSFER OF FUNDS) of which $1,196,000 shall be available as a grant imbursements from agencies receiving training For development and acquisition of automatic for activities related to the investigations of ex- sponsored by the Federal Law Enforcement data processing equipment, software, and serv- ploited children and shall remain available until Training Center, except that total obligations at ices for the Department of the Treasury, expended; of which $65,472,000 shall be available the end of the fiscal year shall not exceed total $28,690,000: Provided, That these funds shall re- for the United States Customs Service, including budgetary resources available at the end of the main available until September 30, 2000: Pro- $54,000,000 for narcotics detection technology, fiscal year: Provided further, That the Federal vided further, That these funds shall be trans- $9,500,000 for the passenger processing initiative, Law Enforcement Training Center is authorized ferred to accounts and in amounts as necessary $972,000 for construction of canopies for inspec- to provide training for the Gang Resistance to satisfy the requirements of the Department’s tion of outbound vehicles along the Southwest Education and Training program to Federal and offices, bureaus, and other organizations: Pro- border, and $1,000,000 for technology invest- non-Federal personnel at any facility in part- vided further, That this transfer authority shall ments related to the Cyber-Smuggling Center; of nership with the Bureau of Alcohol, Tobacco be in addition to any other transfer authority which $2,500,000 shall be available to the Office and Firearms: Provided further, That the Fed- provided in this Act: Provided further, That of National Drug Control Policy, including eral Law Enforcement Training Center is au- none of the funds appropriated shall be used to $1,000,000 for Model State Drug Law Con- thorized to provide short-term medical services support or supplement the Internal Revenue ferences, and $1,500,000 to expand the Milwau- for students undergoing training at the Center. Service appropriations for Information Systems: kee, Wisconsin High Intensity Drug Trafficking ACQUISITION, CONSTRUCTION, IMPROVEMENTS, Provided further, That $6,000,000 of the funds Area; and of which $24,000,000 shall be available AND RELATED EXPENSES appropriated for the Customs Modernization for Interagency Crime and Drug Enforcement; For expansion of the Federal Law Enforce- project may not be transferred to the United (2) As authorized by section 32401, $13,000,000 ment Training Center, for acquisition of nec- States Customs Service or obligated until the to the Bureau of Alcohol, Tobacco and Firearms essary additional real property and facilities, Treasury’s Chief Information Officer, through for disbursement through grants, cooperative and for ongoing maintenance, facility improve- the Treasury Investment Review Board, concurs agreements, or contracts to local governments ments, and related expenses, $34,760,000, to re- on the plan and milestone schedule for the de- for Gang Resistance Education and Training: main available until expended. Provided, That notwithstanding sections 32401 ployment of the system: Provided further, That INTERAGENCY LAW ENFORCEMENT $6,000,000 of the funds made available for the and 310001, such funds shall be allocated to INTERAGENCY CRIME AND DRUG ENFORCEMENT Customs Modernization project may not be obli- State and local law enforcement and prevention For expenses necessary for the detection and gated for any major system investments prior to organizations. investigation of individuals involved in orga- the development of an architecture which is FEDERAL LAW ENFORCEMENT TRAINING CENTER nized crime drug trafficking, including coopera- compliant with the Treasury Information Sys- SALARIES AND EXPENSES tive efforts with State and local law enforce- tems Architecture Framework (TISAF) and the For necessary expenses of the Federal Law ment, $51,900,000, of which $7,827,000 shall re- establishment of measures to enforce compliance Enforcement Training Center, as a bureau of main available until expended. with the architecture. the Department of the Treasury, including ma- FINANCIAL MANAGEMENT SERVICE OFFICE OF INSPECTOR GENERAL terials and support costs of Federal law enforce- ment basic training; purchase (not to exceed 52 SALARIES AND EXPENSES SALARIES AND EXPENSES for police-type use, without regard to the gen- For necessary expenses of the Office of In- For necessary expenses of the Financial Man- eral purchase price limitation) and hire of pas- spector General in carrying out the provisions of agement Service, $196,490,000, of which not to senger motor vehicles; for expenses for student the Inspector General Act of 1978, as amended, exceed $13,235,000 shall remain available until athletic and related activities; uniforms without not to exceed $2,000,000 for official travel ex- September 30, 2001, for information systems mod- regard to the general purchase price limitation penses; including hire of passenger motor vehi- ernization initiatives. for the current fiscal year; the conducting of cles; and not to exceed $100,000 for unforeseen FEDERAL FINANCING BANK and participating in firearms matches and pres- emergencies of a confidential nature, to be allo- For liquidation of certain debts to the United entation of awards; for public awareness and cated and expended under the direction of the States Treasury incurred by the Federal Financ- enhancing community support of law enforce- Inspector General of the Treasury, $30,678,000. ing Bank pursuant to section 9(b) of the Federal ment training; not to exceed $9,500 for official Financing Bank Act of 1973, $3,317,960,000. TREASURY BUILDING AND ANNEX REPAIR AND reception and representation expenses; room RESTORATION and board for student interns; and services as BUREAU OF ALCOHOL, TOBACCO AND FIREARMS For the repair, alteration, and improvement of authorized by 5 U.S.C. 3109, $71,923,000, of SALARIES AND EXPENSES the Treasury Building and Annex, $27,000,000, which up to $13,843,000 for materials and sup- For necessary expenses of the Bureau of Alco- to remain available until expended: Provided, port costs of Federal law enforcement basic hol, Tobacco and Firearms, including purchase That none of the funds provided shall be avail- training shall remain available until September of not to exceed 812 vehicles for police-type use, able for obligation until September 30, 1999. 30, 2001: Provided, That the Center is authorized of which 650 shall be for replacement only, and FINANCIAL CRIMES ENFORCEMENT NETWORK to accept and use gifts of property, both real hire of passenger motor vehicles; hire of aircraft; and personal, and to accept services, for author- services of expert witnesses at such rates as may SALARIES AND EXPENSES ized purposes, including funding of a gift of in- be determined by the Director; for payment of For necessary expenses of the Financial trinsic value which shall be awarded annually per diem and/or subsistence allowances to em- Crimes Enforcement Network, including hire of by the Director of the Center to the outstanding ployees where an assignment to the National passenger motor vehicles; travel expenses of student who graduated from a basic training Response Team during the investigation of a non-Federal law enforcement personnel to at- program at the Center during the previous fiscal bombing or arson incident requires an employee tend meetings concerned with financial intel- year, which shall be funded only by gifts re- to work 16 hours or more per day or to remain ligence activities, law enforcement, and finan- ceived through the Center’s gift authority: Pro- overnight at his or her post of duty; not to ex- cial regulation; not to exceed $14,000 for official vided further, That notwithstanding any other ceed $15,000 for official reception and represen- reception and representation expenses; and for provision of law, students attending training at tation expenses; for training of State and local assistance to Federal law enforcement agencies, any Federal Law Enforcement Training Center law enforcement agencies with or without reim- with or without reimbursement, $24,000,000: Pro- site shall reside in on-Center or Center-provided bursement, including training in connection vided, That funds appropriated in this account housing, insofar as available and in accordance with the training and acquisition of canines for may be used to procure personal services con- with Center policy: Provided further, That explosives and fire accelerants detection; and tracts. funds appropriated in this account shall be provision of laboratory assistance to State and VIOLENT CRIME REDUCTION PROGRAMS available, at the discretion of the Director, for local agencies, with or without reimbursement, (INCLUDING TRANSFER OF FUNDS) the following: training United States Postal $541,574,000, of which $2,206,000 shall not be For activities authorized by Public Law 103– Service law enforcement personnel and Postal available for obligation until September 30, 1999; 322, to remain available until expended, which police officers; State and local government law of which $27,000,000 may be used for the Youth shall be derived from the Violent Crime Reduc- enforcement training on a space-available basis; Crime Gun Interdiction Initiative; of which not tion Trust Fund, as follows: training of foreign law enforcement officials on to exceed $1,000,000 shall be available for the (1) As authorized by section 190001(e), a space-available basis with reimbursement of payment of attorneys’ fees as provided by 18 $119,000,000; of which $3,000,000 shall be avail- actual costs to this appropriation, except that U.S.C. 924(d)(2); and of which $1,000,000 shall be able to the Bureau of Alcohol, Tobacco and reimbursement may be waived by the Secretary available for the equipping of any vessel, vehi- Firearms for administering the Gang Resistance for law enforcement training activities in for- cle, equipment, or aircraft available for official Education and Training program; of which eign countries undertaken pursuant to section use by a State or local law enforcement agency $1,400,000 shall be available to the Financial 801 of the Antiterrorism and Effective Death if the conveyance will be used in joint law en- Crimes Enforcement Network; of which Penalty Act of 1996, Public Law 104–32; training forcement operations with the Bureau of Alco- $22,628,000 shall be available to the United of private sector security officials on a space- hol, Tobacco and Firearms and for the payment States Secret Service, including $6,700,000 for ve- available basis with reimbursement of actual of overtime salaries, travel, fuel, training, equip- hicle replacement, $5,000,000 for investigations costs to this appropriation; and travel expenses ment, and other similar costs of State and local of counterfeiting, $7,732,000 for the 2000 can- of non-Federal personnel to attend course devel- law enforcement personnel, including sworn of- didate/nominee protection program, and opment meetings and training sponsored by the ficers and support personnel, that are incurred $3,196,000 for forensic and related support of in- Center: Provided further, That the Center is au- in joint operations with the Bureau of Alcohol, October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9215 Tobacco and Firearms: Provided, That no funds limitation prescribed in subsection 5(c)(1) of the to $3,700,000 shall be for the Tax Counseling for made available by this or any other Act may be Act of February 13, 1911 (19 U.S.C. 261 and 267) the Elderly Program, and of which not to exceed used to transfer the functions, missions, or ac- shall be $30,000: Provided further, That of the $25,000 shall be for official reception and rep- tivities of the Bureau of Alcohol, Tobacco and amount provided, $9,500,000 shall not be avail- resentation expenses: Provided, That of the Firearms to other agencies or Departments in able for obligation until September 30, 1999. amount provided, $105,000,000 shall remain fiscal year 1999: Provided further, That of the OPERATION, MAINTENANCE AND PROCUREMENT, available until expended for postage and shall funds made available, $4,500,000 shall be made AIR AND MARINE INTERDICTION PROGRAMS not be obligated before September 30, 1999: Pro- available for the expansion of the National For expenses, not otherwise provided for, nec- vided further, That, pursuant to 39 U.S.C. Tracing Center: Provided further, That no essary for the operation and maintenance of 3206(a), funds shall continue to be provided to funds appropriated herein shall be available for marine vessels, aircraft, and other related equip- the United States Postal Service for postage due: salaries or administrative expenses in connec- ment of the Air and Marine Programs, including Provided further, That of the amount provided, tion with consolidating or centralizing, within operational training and mission-related travel, $25,000,000 shall not be available for obligation the Department of the Treasury, the records, or and rental payments for facilities occupied by until September 30, 1999. any portion thereof, of acquisition and disposi- the air or marine interdiction and demand re- TAX LAW ENFORCEMENT tion of firearms maintained by Federal firearms duction programs, the operations of which in- For necessary expenses of the Internal Reve- licensees: Provided further, That no funds ap- clude the following: the interdiction of narcotics nue Service for determining and establishing tax propriated herein shall be used to pay adminis- and other goods; the provision of support to liabilities; providing litigation support; issuing trative expenses or the compensation of any offi- Customs and other Federal, State, and local technical rulings; examining employee plans cer or employee of the United States to imple- agencies in the enforcement or administration of and exempt organizations; conducting criminal ment an amendment or amendments to 27 CFR laws enforced by the Customs Service; and, at investigation and enforcement activities; secur- 178.118 or to change the definition of ‘‘Curios or the discretion of the Commissioner of Customs, ing unfiled tax returns; collecting unpaid ac- relics’’ in 27 CFR 178.11 or remove any item from the provision of assistance to Federal, State, counts; compiling statistics of income and con- ATF Publication 5300.11 as it existed on Janu- and local agencies in other law enforcement and ducting compliance research; purchase (for po- ary 1, 1994: Provided further, That none of the emergency humanitarian efforts, $113,688,000, lice-type use, not to exceed 850) and hire of pas- funds appropriated herein shall be available to which shall remain available until expended: senger motor vehicles (31 U.S.C. 1343(b)); and investigate or act upon applications for relief Provided, That no aircraft or other related services as authorized by 5 U.S.C. 3109, at such from Federal firearms disabilities under 18 equipment, with the exception of aircraft which rates as may be determined by the Commis- U.S.C. 925(c): Provided further, That such funds is one of a kind and has been identified as ex- sioner, $3,164,189,000. shall be available to investigate and act upon cess to Customs requirements and aircraft which EARNED INCOME TAX CREDIT COMPLIANCE applications filed by corporations for relief from has been damaged beyond repair, shall be trans- INITIATIVE Federal firearms disabilities under 18 U.S.C. ferred to any other Federal agency, department, 925(c): Provided further, That no funds in this For funding essential earned income tax credit or office outside of the Department of the Treas- compliance and error reduction initiatives pur- Act may be used to provide ballistics imaging ury, during fiscal year 1999 without the prior equipment to any State or local authority who suant to section 5702 of the Balanced Budget approval of the Committees on Appropriations. Act of 1997 (Public Law 105–33), $143,000,000, of has obtained similar equipment through a Fed- HARBOR MAINTENANCE FEE COLLECTION eral grant or subsidy unless the State or local which not to exceed $10,000,000 may be used to (INCLUDING TRANSFER OF FUNDS) authority agrees to return that equipment or to reimburse the Social Security Administration for For administrative expenses related to the col- repay that grant or subsidy to the Federal Gov- the costs of implementing section 1090 of the lection of the Harbor Maintenance Fee, pursu- ernment: Provided further, That no funds under Taxpayer Relief Act of 1997. ant to Public Law 103–182, $3,000,000, to be de- this Act may be used to electronically retrieve INFORMATION SYSTEMS rived from the Harbor Maintenance Trust Fund information gathered pursuant to 18 U.S.C. For necessary expenses of the Internal Reve- and to be transferred to and merged with the 923(g)(4) by name or any personal identification nue Service for information systems and tele- Customs ‘‘Salaries and Expenses’’ account for code. communications support, including develop- such purposes. UNITED STATES CUSTOMS SERVICE mental information systems and operational in- BUREAU OF THE PUBLIC DEBT formation systems; the hire of passenger motor SALARIES AND EXPENSES ADMINISTERING THE PUBLIC DEBT vehicles (31 U.S.C. 1343(b)); and services as au- For necessary expenses of the United States For necessary expenses connected with any thorized by 5 U.S.C. 3109, at such rates as may Customs Service, including purchase and lease public-debt issues of the United States, be determined by the Commissioner, of up to 1,050 motor vehicles of which 550 are for $176,500,000, of which not to exceed $2,500 shall $1,265,456,000, which shall remain available replacement only and of which 1,030 are for po- be available for official reception and represen- until September 30, 2000, and of which lice-type use and commercial operations; hire of tation expenses, and of which not to exceed $103,000,000 shall be available only for improve- motor vehicles; contracting with individuals for $2,000,000 shall remain available until September ments to customer service. personal services abroad; not to exceed $40,000 30, 2001, for information systems modernization for official reception and representation ex- INFORMATION TECHNOLOGY INVESTMENTS initiatives: Provided, That the sum appropriated penses; and awards of compensation to inform- For necessary expenses of the Internal Reve- herein from the General Fund for fiscal year ers, as authorized by any Act enforced by the nue Service, $211,000,000, to remain available 1999 shall be reduced by not more than United States Customs Service, $1,642,565,000, of until September 30, 2002, for the capital asset ac- $4,400,000 as definitive security issue fees and which such sums as become available in the quisition of information technology systems, in- Treasury Direct Investor Account Maintenance Customs User Fee Account, except sums subject cluding management and related contractual fees are collected, so as to result in a final fiscal to section 13031(f)(3) of the Consolidated Omni- costs of such acquisition, and including contrac- year 1999 appropriation from the General Fund bus Budget Reconciliation Act of 1985, as tual costs associated with operations authorized estimated at $172,100,000, and in addition, amended (19 U.S.C. 58c(f)(3)), shall be derived by 5 U.S.C. 3109: Provided, That none of these $20,000, to be derived from the Oil Spill Liability from that Account; of the total, not to exceed funds is available for obligation until September Trust Fund to reimburse the Bureau for admin- $150,000 shall be available for payment for rent- 30, 1999: Provided further, That none of these istrative and personnel expenses for financial al space in connection with preclearance oper- funds shall be obligated until the Internal Reve- management of the Fund, as authorized by sec- ations, not to exceed $4,000,000 shall be avail- nue Service and the Department of the Treasury tion 102 of Public Law 101–380: Provided fur- able until expended for research, not to exceed submit to Congress for approval, a plan for ex- ther, That notwithstanding any other provisions $5,000,000 shall be available until expended for penditure that: (1) implements the Internal Rev- of law, effective upon enactment and thereafter, conducting special operations pursuant to 19 enue Service’s Modernization Blueprint submit- the Bureau of the Public Debt shall be fully and U.S.C. 2081, and up to $8,000,000 shall be avail- ted to Congress on May 15, 1997; (2) meets the directly reimbursed by the funds described in able until expended for the procurement of auto- information systems investment guidelines estab- section 104 of Public Law 101–136 (103 Stat. 789) mation infrastructure items, including hard- lished by the Office of Management and Budget for costs and services performed by the Bureau ware, software, and installation: Provided, That and in the fiscal year 1998 budget; (3) is re- in the administration of such funds. uniforms may be purchased without regard to viewed and approved by the Office of Manage- the general purchase price limitation for the INTERNAL REVENUE SERVICE ment and Budget, the Department of the Treas- current fiscal year: Provided further, That of PROCESSING, ASSISTANCE, AND MANAGEMENT ury’s IRS Management Board, and is reviewed the amount provided, an additional $2,400,000 For necessary expenses of the Internal Reve- by the General Accounting Office; (4) meets the shall be made available for staffing and re- nue Service for tax returns processing; revenue requirements of the May 15, 1997 Internal Reve- sources for the child pornography cyber-smug- accounting; tax law and account assistance to nue Service’s Systems Life Cycle program; and gling initiative: Provided further, That $500,000 taxpayers by telephone and correspondence; (5) is in compliance with acquisition rules, re- shall be available to fund the expansion of serv- programs to match information returns and tax quirements, guidelines, and systems acquisition ices at the Vermont World Trade Office: Pro- returns; management services; rent and utilities; management practices of the Federal Govern- vided further, That not to exceed $2,500,000 and inspection; including purchase (not to ex- ment. shall be available until expended for relocation ceed 150 for replacement only for police-type ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE of the Customs Air Branch from Belle Chase, use) and hire of passenger motor vehicles (31 SERVICE Louisiana, to Hammond, Louisiana: Provided U.S.C. 1343(b)); and services as authorized by 5 SEC. 101. Not to exceed 5 percent of any ap- further, That notwithstanding any other provi- U.S.C. 3109, at such rates as may be determined propriation made available in this Act to the In- sion of law, the fiscal year aggregate overtime by the Commissioner, $3,086,208,000, of which up ternal Revenue Service may be transferred to H9216 CONGRESSIONAL RECORD — HOUSE October 1, 1998 any other Internal Revenue Service appropria- $18,000,000 provided for protective travel shall ‘‘(C) any muzzle loading rifle, muzzle loading tion upon the advance approval of the House remain available until September 30, 2000; Pro- shotgun, or muzzle loading pistol, which is de- and Senate Committees on Appropriations. vided further, That of the amount provided, signed to use black powder, or a black powder SEC. 102. The Internal Revenue Service shall $5,000,000 shall not be available for obligation substitute, and which cannot use fixed ammuni- maintain a training program to ensure that In- until September 30, 1999. tion. For purposes of this subparagraph, the ternal Revenue Service employees are trained in ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND term ‘antique firearm’ shall not include any taxpayers’ rights, in dealing courteously with RELATED EXPENSES weapon which incorporates a firearm frame or the taxpayers, and in cross-cultural relations. For necessary expenses of construction, re- receiver, any firearm which is converted into a SEC. 103. The funds provided in this Act for pair, alteration, and improvement of facilities, muzzle loading weapon, or any muzzle loading the Internal Revenue Service shall be used to $8,068,000, to remain available until expended. weapon which can be readily converted to fire provide, as a minimum, the fiscal year 1995 level fixed ammunition by replacing the barrel, bolt, GENERAL PROVISIONS—DEPARTMENT OF THE of service, staffing, and funding for Taxpayer breechblock, or any combination thereof.’’. TREASURY Services. SEC. 116. Of the funds available for the pur- SEC. 104. None of the funds appropriated by SEC. 110. Any obligation or expenditure by the chase of law enforcement vehicles, no funds may this title shall be used in connection with the Secretary of the Treasury in connection with be obligated until the Secretary of the Treasury collection of any underpayment of any tax im- law enforcement activities of a Federal agency certifies that the purchase by the respective posed by the Internal Revenue Code of 1986 un- or a Department of the Treasury law enforce- Treasury bureau is consistent with the vehicle less the conduct of officers and employees of the ment organization in accordance with 31 U.S.C. management principles: Provided, That the Sec- Internal Revenue Service in connection with 9703(g)(4)(B) from unobligated balances remain- retary may delegate this authority to the Assist- such collection, including any private sector em- ing in the Fund on September 30, 1999, shall be ant Secretary for Management. ployees under contract to the Internal Revenue made in compliance with reprogramming guide- SEC. 117. EXCEPTION TO IMMUNITY FROM AT- Service, complies with subsection (a) of section lines. TACHMENT OR EXECUTION. (a) Section 1610 of 805 (relating to communications in connection SEC. 111. Appropriations to the Department of title 28, United States Code, is amended by add- with debt collection), and section 806 (relating the Treasury in this Act shall be available for ing at the end the following new subsection: to harassment or abuse), of the Fair Debt Col- uniforms or allowances therefor, as authorized ‘‘(f)(1)(A) Notwithstanding any other provi- lection Practices Act (15 U.S.C. 1692). by law (5 U.S.C. 5901), including maintenance, sion of law, including but not limited to section SEC. 105. The Internal Revenue Service shall repairs, and cleaning; purchase of insurance for 208(f) of the Foreign Missions Act (22 U.S.C. institute and enforce policies and procedures official motor vehicles operated in foreign coun- 4308(f)), and except as provided in subpara- which will safeguard the confidentiality of tax- tries; purchase of motor vehicles without regard graph (B), any property with respect to which payer information. to the general purchase price limitations for ve- financial transactions are prohibited or regu- SEC. 106. Funds made available by this or any hicles purchased and used overseas for the cur- lated pursuant to section 5(b) of the Trading other Act to the Internal Revenue Service shall rent fiscal year; entering into contracts with the with the Enemy Act (50 U.S.C. App. 5(b)), sec- be available for improved facilities and in- Department of State for the furnishing of health tion 620(a) of the Foreign Assistance Act of 1961 creased manpower to provide sufficient and ef- and medical services to employees and their de- (22 U.S.C. 2370(a)), sections 202 and 203 of the fective 1–800 help line for taxpayers. The Com- pendents serving in foreign countries; and serv- International Emergency Economic Powers Act missioner shall continue to make the improve- ices authorized by 5 U.S.C. 3109. (50 U.S.C. 1701–1702), or any other proclama- ment of the Internal Revenue Service 1–800 help SEC. 112. The funds provided to the Bureau of tion, order, regulation, or license issued pursu- line service a priority and allocate resources Alcohol, Tobacco and Firearms for fiscal year ant thereto, shall be subject to execution or at- necessary to increase phone lines and staff to 1999 in this Act for the enforcement of the Fed- tachment in aid of execution of any judgment improve the Internal Revenue Service 1–800 help eral Alcohol Administration Act shall be ex- relating to a claim for which a foreign state (in- line service. pended in a manner so as not to diminish en- cluding any agency or instrumentality or such SEC. 107. Notwithstanding any other provision forcement efforts with respect to section 105 of state) claiming such property is not immune of law, no reorganization of the field office the Federal Alcohol Administration Act. under section 1605(a)(7). structure of the Internal Revenue Service Crimi- SEC. 113. Not to exceed 2 percent of any appro- ‘‘(B) Subparagraph (A) shall not apply if, at nal Investigation Division will result in a reduc- priations in this Act made available to the Fed- the time the property is expropriated or seized tion of criminal investigators in Wisconsin and eral Law Enforcement Training Center, Finan- by the foreign state, the property has been held South Dakota from the 1996 level. cial Crimes Enforcement Network, Bureau of Al- in title by a natural person or, if held in trust, cohol, Tobacco and Firearms, United States UNITED STATES SECRET SERVICE has been held for the benefit of a natural person Customs Service, and United States Secret Serv- SALARIES AND EXPENSES or persons. ice may be transferred between such appropria- ‘‘(2)(A) At the request of any party in whose For necessary expenses of the United States tions upon the advance approval of the Commit- Secret Service, including purchase of not to ex- favor a judgment has been issued with respect to tees on Appropriations. No transfer may in- a claim for which the foreign state is not im- ceed 739 vehicles for police-type use, of which crease or decrease any such appropriation by 675 shall be for replacement only, and hire of mune under section 1605(a)(7), the Secretary of more than 2 percent. the Treasury and the Secretary of State shall passenger motor vehicles; hire of aircraft; train- SEC. 114. Not to exceed 2 percent of any appro- ing and assistance requested by State and local fully, promptly, and effectively assist any judg- priations in this Act made available to the De- ment creditor or any court that has issued any governments, which may be provided without partmental Offices, Office of Inspector General, reimbursement; services of expert witnesses at such judgment in identifying, locating, and exe- Financial Management Service, and Bureau of cuting against the property of that foreign state such rates as may be determined by the Director; the Public Debt, may be transferred between rental of buildings in the District of Columbia, or any agency or instrumentality of such state. such appropriations upon the advance approval ‘‘(B) In providing such assistance, the Sec- and fencing, lighting, guard booths, and other of the Committees on Appropriations. No trans- retaries— facilities on private or other property not in fer may increase or decrease any such appro- ‘‘(i) may provide such information to the court Government ownership or control, as may be priation by more than 2 percent. under seal; and necessary to perform protective functions; for SEC. 115. Section 921(a) of title 18, United ‘‘(ii) shall provide the information in a man- payment of per diem and/or subsistence allow- States Code, is amended— ner sufficient to allow the court to direct the ances to employees where a protective assign- (1) in paragraph (5), by striking ‘‘the explo- United States Marshall’s office to promptly and ment during the actual day or days of the visit sive in a fixed shotgun shell’’ and inserting ‘‘an effectively execute against that property.’’. of a protectee require an employee to work 16 explosive’’; (b) CONFORMING AMENDMENT.—Section 1606 of hours per day or to remain overnight at his or (2) in paragraph (7), by striking ‘‘the explo- title 28, United States Code, is amended by in- her post of duty; the conducting of and partici- sive in a fixed metallic cartridge’’ and inserting serting after ‘‘punitive damages’’ the following: pating in firearms matches; presentation of ‘‘an explosive’’; and ‘‘, except any action under section 1605(a)(7) or awards; for travel of Secret Service employees on (3) by striking paragraph (16) and inserting 1610(f)’’. protective missions without regard to the limita- the following: (c) EFFECTIVE DATE.—The amendments made tions on such expenditures in this or any other ‘‘(16) The term ‘antique firearm’ means— by subsections (a) and (b) shall apply to any Act if approval is obtained in advance from the ‘‘(A) any firearm (including any firearm with claim for which a foreign state is not immune Committees on Appropriations; for research and a matchlock, flintlock, percussion cap, or simi- under section 1605(a)(7) of title 28, United States development; for making grants to conduct be- lar type of ignition system) manufactured in or Code, arising before, on, or after the date of en- havioral research in support of protective re- before 1898; or actment of this Act. search and operations; not to exceed $20,000 for ‘‘(B) any replica of any firearm described in (d) WAIVER.—The President may waive the re- official reception and representation expenses; subparagraph (A) if such replica— quirements of this section in the interest of na- not to exceed $50,000 to provide technical assist- ‘‘(i) is not designed or redesigned for using tional security. ance and equipment to foreign law enforcement rimfire or conventional centerfire fixed ammuni- This title may be cited as the ‘‘Treasury De- organizations in counterfeit investigations; for tion, or partment Appropriations Act, 1999’’. payment in advance for commercial accommoda- ‘‘(ii) uses rimfire or conventional centerfire TITLE II—POSTAL SERVICE tions as may be necessary to perform protective fixed ammunition which is no longer manufac- functions; and for uniforms without regard to tured in the United States and which is not PAYMENTS TO THE POSTAL SERVICE FUND the general purchase price limitation for the readily available in the ordinary channels of For payment to the Postal Service Fund for current fiscal year, $600,302,000: Provided, That commercial trade; or revenue forgone on free and reduced rate mail, October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9217 pursuant to subsections (c) and (d) of section may be necessary: Provided, That all reimburs- may be made to any department or agency for 2401 of title 39, United States Code, $71,195,000, able operating expenses of the Executive Resi- expenses of carrying out such activities. which shall remain available until September 30, dence shall be made in accordance with the pro- COUNCIL OF ECONOMIC ADVISERS 2000: Provided, That none of the funds provided visions of this paragraph: Provided further, SALARIES AND EXPENSES shall be available for obligation until October 1, That, notwithstanding any other provision of For necessary expenses of the Council in car- 1999: Provided further, That mail for overseas law, such amount for reimbursable operating ex- rying out its functions under the Employment voting and mail for the blind shall continue to penses shall be the exclusive authority of the Act of 1946 (15 U.S.C. 1021), $3,666,000. be free: Provided further, That 6-day delivery Executive Residence to incur obligations and to and rural delivery of mail shall continue at not receive offsetting collections, for such expenses: OFFICE OF POLICY DEVELOPMENT less than the 1983 level: Provided further, That Provided further, That the Executive Residence SALARIES AND EXPENSES none of the funds made available to the Postal shall require each person sponsoring a reimburs- For necessary expenses of the Office of Policy Service by this Act shall be used to implement able political event to pay in advance an Development, including services as authorized any rule, regulation, or policy of charging any amount equal to the estimated cost of the event, by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,032,000. officer or employee of any State or local child and all such advance payments shall be credited NATIONAL SECURITY COUNCIL support enforcement agency, or any individual to this account and remain available until ex- participating in a State or local program of pended: Provided further, That the Executive SALARIES AND EXPENSES child support enforcement, a fee for information Residence shall require the national committee For necessary expenses of the National Secu- requested or provided concerning an address of of the political party of the President to main- rity Council, including services as authorized by a postal customer: Provided further, That none tain on deposit $25,000, to be separately ac- 5 U.S.C. 3109, $6,806,000. of the funds provided in this Act shall be used counted for and available for expenses relating OFFICE OF ADMINISTRATION to consolidate or close small rural and other to reimbursable political events sponsored by SALARIES AND EXPENSES small post offices in the fiscal year ending on such committee during such fiscal year: Pro- For necessary expenses of the Office of Ad- September 30, 1999. vided further, That the Executive Residence ministration, including services as authorized by This title may be cited as the ‘‘Postal Service shall ensure that a written notice of any 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- Appropriations Act, 1999’’. amount owed for a reimbursable operating ex- senger motor vehicles, $28,350,000. TITLE III—EXECUTIVE OFFICE OF THE pense under this paragraph is submitted to the OFFICE OF MANAGEMENT AND BUDGET PRESIDENT AND FUNDS APPROPRIATED person owing such amount within 60 days after TO THE PRESIDENT such expense is incurred, and that such amount SALARIES AND EXPENSES COMPENSATION OF THE PRESIDENT AND THE is collected within 30 days after the submission For necessary expenses of the Office of Man- WHITE HOUSE OFFICE of such notice: Provided further, That the Exec- agement and Budget (OMB), including hire of passenger motor vehicles and services as author- COMPENSATION OF THE PRESIDENT utive Residence shall charge interest and assess ized by 5 U.S.C. 3109, $60,617,000, of which not For compensation of the President, including penalties and other charges on any such to exceed $5,000,000 shall be available to carry an expense allowance at the rate of $50,000 per amount that is not reimbursed within such 30 out the provisions of chapter 35 of title 44, annum as authorized by 3 U.S.C. 102, $250,000: days, in accordance with the interest and pen- United States Code: Provided, That, as provided Provided, That none of the funds made avail- alty provisions applicable to an outstanding in 31 U.S.C. 1301(a), appropriations shall be ap- able for official expenses shall be expended for debt on a United States Government claim under plied only to the objects for which appropria- any other purpose and any unused amount section 3717 of title 31, United States Code: Pro- tions were made except as otherwise provided by shall revert to the Treasury pursuant to section vided further, That each such amount that is 1552 of title 31, United States Code: Provided reimbursed, and any accompanying interest and law: Provided further, That none of the funds further, That none of the funds made available charges, shall be deposited in the Treasury as appropriated in this Act for the Office of Man- for official expenses shall be considered as tax- miscellaneous receipts: Provided further, That agement and Budget may be used for the pur- able to the President. the Executive Residence shall prepare and sub- pose of reviewing any agricultural marketing or- ders or any activities or regulations under the SALARIES AND EXPENSES mit to the Committees on Appropriations, by not provisions of the Agricultural Marketing Agree- For necessary expenses for the White House as later than 90 days after the end of the fiscal ment Act of 1937 (7 U.S.C. 601 et seq.): Provided authorized by law, including not to exceed year covered by this Act, a report setting forth further, That none of the funds made available $3,850,000 for services as authorized by 5 U.S.C. the reimbursable operating expenses of the Exec- for the Office of Management and Budget by 3109 and 3 U.S.C. 105; subsistence expenses as utive Residence during the preceding fiscal year, this Act may be expended for the altering of the authorized by 3 U.S.C. 105, which shall be ex- including the total amount of such expenses, the transcript of actual testimony of witnesses, ex- pended and accounted for as provided in that amount of such total that consists of reimburs- cept for testimony of officials of the Office of section; hire of passenger motor vehicles, news- able official and ceremonial events, the amount Management and Budget, before the Committees papers, periodicals, teletype news service, and of such total that consists of reimbursable politi- on Appropriations or the Committees on Veter- travel (not to exceed $100,000 to be expended and cal events, and the portion of each such amount ans’ Affairs or their subcommittees: Provided accounted for as provided by 3 U.S.C. 103); and that has been reimbursed as of the date of the further, That the preceding shall not apply to not to exceed $19,000 for official entertainment report: Provided further, That the Executive printed hearings released by the Committees on expenses, to be available for allocation within Residence shall maintain a system for the track- Appropriations or the Committees on Veterans’ the Executive Office of the President, ing of expenses related to reimbursable events Affairs: Provided further, That the Director of $52,344,000: Provided, That $10,100,000 of the within the Executive Residence that includes a OMB amends Section .36 of OMB Circular A– funds appropriated shall be available for reim- standard for the classification of any such ex- 110 to require Federal awarding agencies to en- bursements to the White House Communications pense as political or nonpolitical: Provided fur- sure that all data produced under an award will Agency. ther, That no provision of this paragraph may be construed to exempt the Executive Residence be made available to the public through the pro- EXECUTIVE RESIDENCE AT THE WHITE HOUSE from any other applicable requirement of sub- cedures established under the Freedom of Infor- OPERATING EXPENSES chapter I or II of chapter 37 of title 31, United mation Act: Provided further, That if the agen- For the care, maintenance, repair and alter- States Code. cy obtaining the data does so solely at the re- ation, refurnishing, improvement, heating, and quest of a private party, the agency may au- lighting, including electric power and fixtures, SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL RESIDENCE OF THE VICE PRESIDENT thorize a reasonable user fee equaling the incre- of the Executive Residence at the White House mental cost of obtaining the data: Provided fur- SALARIES AND EXPENSES and official entertainment expenses of the Presi- ther, That OMB is directed to submit a report by For necessary expenses to enable the Vice dent, $8,061,000, to be expended and accounted March 31, 1999, to the Committees on Appropria- President to provide assistance to the President for as provided by 3 U.S.C. 105, 109, 110, and tions, the Senate Committee on Governmental in connection with specially assigned functions; 112–114: Provided, That such amount shall not Affairs, and the House Committee on Govern- services as authorized by 5 U.S.C. 3109 and 3 be available for expenses for domestic staff over- ment Reform and Oversight that: (1) identifies U.S.C. 106, including subsistence expenses as time. specific paperwork reduction accomplishments authorized by 3 U.S.C. 106, which shall be ex- In addition, for necessary expenses for domes- expected, constituting annual five percent re- pended and accounted for as provided in that tic staff overtime, $630,000: Provided, That such ductions in paperwork expected in fiscal year section; and hire of passenger motor vehicles, amount shall not become available for obligation 1999 and fiscal year 2000; and (2) issues guid- $3,512,000. until the Comptroller General of the United ance on the requirements of 5 U.S.C. Sec. States notifies the Committees on Appropria- OPERATING EXPENSES 801(a)(1) and (3); sections 804(3), and 808(2), in- tions that: (1) the Executive Office of the Presi- (INCLUDING TRANSFER OF FUNDS) cluding a standard new rule reporting form for dent has received, reviewed, and commented on For the care, operation, refurnishing, im- use under section 801(a)(1)(A)–(B). the draft report of the General Accounting Of- provement, heating, and lighting, including OFFICE OF NATIONAL DRUG CONTROL POLICY fice with respect to its audit of the Executive electric power and fixtures, of the official resi- Residence at the White House; and (2) the Gen- dence of the Vice President; the hire of pas- SALARIES AND EXPENSES eral Accounting Office has received the com- senger motor vehicles; and not to exceed $90,000 (INCLUDING TRANSFER OF FUNDS) ments of the Executive Office of the President. for official entertainment expenses of the Vice For necessary expenses of the Office of Na- REIMBURSABLE EXPENSES President, to be accounted for solely on his cer- tional Drug Control Policy; for research activi- For the reimbursable expenses of the Execu- tificate, $334,000: Provided, That advances or re- ties pursuant to title I of Public Law 100–690; tive Residence at the White House, such sums as payments or transfers from this appropriation not to exceed $8,000 for official reception and H9218 CONGRESSIONAL RECORD — HOUSE October 1, 1998 representation expenses; and for participation which is a contribution that is not received as a FEDERAL LABOR RELATIONS AUTHORITY in joint projects or in the provision of services result of leveraging funds to receive said spon- SALARIES AND EXPENSES on matters of mutual interest with nonprofit, re- sorship, corporate sponsorship equaling 60 per- For necessary expenses to carry out functions search, or public organizations or agencies, with cent of the appropriated amount in fiscal year of the Federal Labor Relations Authority, pur- or without reimbursement, $48,042,000, of which 2000, corporate sponsorship equaling 80 percent suant to Reorganization Plan Numbered 2 of $30,100,000 shall remain available until ex- of the appropriated amount in fiscal year 2001, 1978, and the Civil Service Reform Act of 1978, pended, consisting of $1,100,000 for policy re- corporate sponsorship equaling 100 percent of including services authorized by 5 U.S.C. 3109, search and evaluation, and $16,000,000 for the the appropriated amount in fiscal year 2002 (4) including hire of experts and consultants, hire Counterdrug Technology Assessment Center for the funds provided for the support of a national of passenger motor vehicles, and rental of con- counternarcotics research and development media campaign may be used to fund the pur- ference rooms in the District of Columbia and projects, and $13,000,000 for the continued oper- chase of media time and space, talent re-use elsewhere, $22,586,000: Provided, That public ation of the technology transfer program: Pro- payments, out-of-pocket advertising production members of the Federal Service Impasses Panel vided, That the $16,000,000 for the Counterdrug costs, testing and evaluation of advertising, may be paid travel expenses and per diem in lieu Technology Assessment Center shall be available evaluation of the effectiveness of the media cam- of subsistence as authorized by law (5 U.S.C. for transfer to other Federal departments or paign, the negotiated fees for the winning bid- 5703) for persons employed intermittently in the agencies: Provided further, That the Office is der on the request for proposal recently issued Government service, and compensation as au- authorized to accept, hold, administer, and uti- by ONDCP, partnership with community, civic, thorized by 5 U.S.C. 3109: Provided further, lize gifts, both real and personal, public and pri- and professional groups, and government orga- That notwithstanding 31 U.S.C. 3302, funds re- vate, without fiscal year limitation, for the pur- nizations related to the media campaign, enter- ceived from fees charged to non-Federal partici- pose of aiding or facilitating the work of the Of- tainment industry collaborations to fashion pants at labor-management relations con- fice. anti-drug messages in movies, television pro- ferences shall be credited to and merged with FEDERAL DRUG CONTROL PROGRAMS gramming, and popular music, interactive this account, to be available without further ap- (Internet and new) media projects/activities, HIGH INTENSITY DRUG TRAFFICKING AREAS propriation for the costs of carrying out these public information (News Media Outreach), and PROGRAM conferences. corporate sponsorship/participation (5) ONDCP (INCLUDING TRANSFER OF FUNDS) shall not obligate funds provided for the na- GENERAL SERVICES ADMINISTRATION For necessary expenses of the Office of Na- tional media campaign for fiscal year 1999 until FEDERAL BUILDINGS FUND tional Drug Control Policy’s High Intensity ONDCP has submitted the evaluation and re- LIMITATIONS ON AVAILABILITY OF REVENUE Drug Trafficking Areas Program, $182,477,000 sults of Phase I of the campaign to the Commit- (INCLUDING TRANSFER OF FUNDS) for drug control activities consistent with the tees on Appropriations, and may obligate not approved strategy for each of the designated For additional expenses necessary to carry out more than 75 percent of these funds until the purpose of the Fund established pursuant to High Intensity Drug Trafficking Areas, of ONDCP has submitted the evaluation and re- which no less than 51 percent shall be trans- section 210(f) of the Federal Property and Ad- sults of Phase II of the campaign to the Commit- ministrative Services Act of 1949, as amended (40 ferred to State and local entities for drug control tees on Appropriations, and (6) ONDCP is re- activities, which shall be obligated within 120 U.S.C. 490(f)), $450,018,000 to be deposited into quired to report to the Committees on Appro- the Fund. The revenues and collections depos- days of the date of enactment of this Act: Pro- priations not only quarterly, but also to provide vided, That funding shall be provided for exist- ited into the Fund shall be available for nec- monthly itemized reports of all expenditures and essary expenses of real property management ing High Intensity Drug Trafficking Areas at no obligations relating to the media campaign as less than the total fiscal year 1998 level consist- and related activities not otherwise provided for, well as the specific parameters of the national including operation, maintenance, and protec- ing of funding from this account as well as the media campaign, and shall report to Congress Violent Crime Reduction Trust Fund. tion of federally owned and leased buildings; within one year on the effectiveness of the na- rental of buildings in the District of Columbia; SPECIAL FORFEITURE FUND tional media campaign based upon the measur- restoration of leased premises; moving govern- (INCLUDING TRANSFER OF FUNDS) able outcomes provided to Congress previously: mental agencies (including space adjustments For activities to support a national anti-drug Provided further, That of the funds provided, and telecommunications relocation expenses) in campaign for youth, and other purposes, au- $4,500,000 shall be available for transfer to the connection with the assignment, allocation and thorized by Public Law 100–690, as amended, Agricultural Research Service for anti-drug re- transfer of space; contractual services incident $214,500,000, to remain available until expended: search and related matters: Provided further, to cleaning or servicing buildings, and moving; Provided, That such funds may be transferred That of the funds provided, $20,000,000 shall be repair and alteration of federally owned build- to other Federal departments and agencies to to continue a program of matching grants to ings including grounds, approaches and appur- carry out such activities: Provided further, That drug-free communities, as authorized in the tenances; care and safeguarding of sites; main- of the funds provided, $185,000,000 shall be to Drug-Free Communities Act of 1997: Provided tenance, preservation, demolition, and equip- support a national media campaign to reduce further, That of the funds provided, $5,000,000 ment; acquisition of buildings and sites by pur- and prevent drug use among young Americans: shall be available for the chronic users study. chase, condemnation, or as otherwise author- Provided further, That none of the funds pro- UNANTICIPATED NEEDS ized by law; acquisition of options to purchase vided for the support of a national media cam- For expenses necessary to enable the Presi- buildings and sites; conversion and extension of paign may be obligated for the following pur- dent to meet unanticipated needs, in further- federally owned buildings; preliminary planning poses: to supplant current anti-drug community ance of the national interest, security, or de- and design of projects by contract or otherwise; based coalitions; to supplant current pro bono fense which may arise at home or abroad during construction of new buildings (including equip- public service time donated by national and the current fiscal year, $1,000,000. ment for such buildings); and payment of prin- local broadcasting networks; for partisan politi- cipal, interest, and any other obligations for This title may be cited as the ‘‘Executive Of- cal purposes; or to fund media campaigns that public buildings acquired by installment pur- fice Appropriations Act, 1999’’. feature any elected officials, persons seeking chase and purchase contract; in the aggregate elected office, cabinet-level officials, or other TITLE IV—INDEPENDENT AGENCIES amount of $5,605,018,000, of which: (1) Federal officials employed pursuant to Schedule COMMITTEE FOR PURCHASE FROM PEOPLE WHO $492,190,000 shall remain available until ex- C of title 5, Code of Federal Regulations, section ARE BLIND OR SEVERELY DISABLED pended for construction of additional projects at 213, absent advance notice to the Committees on locations and at maximum construction im- Appropriations and the Senate Judiciary Com- SALARIES AND EXPENSES provement costs (including funds for sites and mittee: Provided further, That (1) ONDCP will For necessary expenses of the Committee for expenses and associated design and construction require a pro bono match commitment up-front Purchase From People Who Are Blind or Se- services) as follows: as part of its media buy from each and every verely Disabled established by the Act of June New construction: seller of ad time and space (2) ONDCP, or any 23, 1971, Public Law 92–28, $2,464,000. Arkansas: agent acting on its behalf, may not obligate any FEDERAL ELECTION COMMISSION Little Rock, U.S. courthouse, $3,436,000 funds for the creative development of advertise- California: ments from for-profit organizations, not includ- SALARIES AND EXPENSES San Diego, U.S. courthouse, $15,400,000 ing out-of-pocket production costs and talent re- For necessary expenses to carry out the provi- San Jose, U.S. courthouse, $10,800,000 use payments, unless (A) the advertisements are sions of the Federal Election Campaign Act of Colorado: intended to reach a minority, ethnic or other 1971, as amended, $36,500,000, of which no less Denver, U.S. courthouse, $83,959,000 special audience that cannot be obtained on a than $4,402,500 shall be available for internal District of Columbia: pro bono basis within the time frames required automated data processing systems, and of Southeast Federal Center remediation, by ONDCP’s advertising and buying agencies, which not to exceed $5,000 shall be available for $10,000,000 and (B) ONDCP receives prior approval from reception and representation expenses: Pro- Florida: the Committees on Appropriations (3) ONDCP vided, That of the amounts appropriated for sal- Jacksonville, U.S. courthouse, $86,010,000 will submit within three months of enactment of aries and expenses, $1,120,000 may not be obli- Orlando, U.S. courthouse, $1,930,000 this Act an implementation plan to the Commit- gated until the Federal Election Commission Massachusetts: tees on Appropriations to secure corporate spon- submits a plan for approval to the House Com- Springfield, U.S. courthouse, $5,563,000 sorship equaling 40 percent of the appropriated mittee on Appropriations for the expenditure of Michigan: amount in fiscal year 1999, the definition of such funds. Sault Sainte Marie, border station, $572,000 October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9219 Mississippi: District of Columbia: has not been approved, except that necessary Biloxi-Gulfport, U.S. courthouse, $7,543,000 Federal Office Building, 10B, $13,844,000 funds may be expended for each project for re- Missouri: Interstate Commerce Commission, Connecting quired expenses for the development of a pro- Cape Girardeau, U.S. courthouse, $2,196,000 Wing Complex, Customs Building, Phase 3/3, posed prospectus: Provided further, That for the Montana: $83,959,000 purposes of this authorization, and hereafter, Babb, Piegan border station, $6,165,000 Old Executive Office Building, $25,210,000 buildings constructed pursuant to the purchase New York: Department of State, Phase 1, $29,779,000 contract authority of the Public Buildings Brooklyn, U.S. courthouse, $152,626,000 New York: Amendments of 1972 (40 U.S.C. 602a), buildings New York, U.S. Mission to the United Na- Brookhaven, Internal Revenue Service, Serv- tions, $3,163,000 occupied pursuant to installment purchase con- ice Center, $20,019,000 tracts, and buildings under the control of an- Oregon: New York, U.S. Courthouse, 40 Foley Square, Eugene, U.S. courthouse, $7,190,000 other department or agency where alterations of $4,782,000 such buildings are required in connection with Tennessee: Pennsylvania: Greenville, U.S. courthouse, $28,229,000 the moving of such other department or agency Philadelphia, Byrne-Green, Federal Building- Texas: from buildings then, or thereafter to be, under U.S. Courthouse, $11,212,000 Laredo, U.S. courthouse, $28,105,000 the control of the General Services Administra- Virginia: West Virginia: tion shall be considered to be federally owned Wheeling, U.S. courthouse, $29,303,000 Reston, J.W. Powell Building, $9,151,000 Nationwide: buildings: Provided further, That funds avail- Nationwide: able in the Federal Buildings Fund may be ex- Non-prospectus, $10,000,000: Chlorofluorocarbons Program, $25,000,000 Energy Program, $25,000,000 pended for emergency repairs when advance ap- Provided, That each of the immediately fore- proval is obtained from the Committees on Ap- going limits of costs on new construction Design Program, $16,710,000 Basic Repairs and Alteration, $344,236,000: propriations: Provided further, That amounts projects may be exceeded to the extent that sav- necessary to provide reimbursable special serv- ings are effected in other such projects, but not Provided further, That additional projects for which prospectuses have been fully approved ices to other agencies under section 210(f)(6) of to exceed 10 percent unless advance approval is the Federal Property and Administrative Serv- obtained from the Committees on Appropriations may be funded under this category only if ad- vance approval is obtained from the Committees ices Act of 1949, as amended (40 U.S.C. 490(f)(6)) of a greater amount: Provided further, That and amounts to provide such reimbursable fenc- notwithstanding any other provision of law in on Appropriations: Provided further, That the amounts provided in this or any prior Act for ing, lighting, guard booths, and other facilities order to rescind a General Services Administra- on private or other property not in Government tion property sale, the General Services Admin- ‘‘Repairs and Alterations’’ may be used to fund costs associated with implementing security im- ownership or control as may be appropriate to istration is authorized to re-acquire that parcel enable the United States Secret Service to per- of land on Block 111, East Denver, Denver, Col- provements to buildings necessary to meet the minimum standards for security in accordance form its protective functions pursuant to 18 orado, which was sold at public auction by the U.S.C. 3056, shall be available from such reve- Federal government to its present owner pursu- with current law and in compliance with the re- programming guidelines of the appropriate Com- nues and collections: Provided further, That the ant to paragraphs (6) and (7) of section 12 of remaining balances and associated assets and li- Public Law 94–204 (43 U.S.C. 1611 note) at a mittees of the House and Senate: Provided fur- ther, That the difference between the funds ap- abilities of the Pennsylvania Avenue Activities price equivalent to the 1988 auction sale price account are hereby transferred to the Federal plus the amount of cumulative consumer price propriated and expended on any projects in this or any prior Act, under the heading ‘‘Repairs Buildings Fund to be effective October 1, 1998, index, pursuant to the methodology as used in and that all income earned after that effective Public Law 104–42, Sec. 107(a), from the closing and Alterations’’, may be transferred to Basic Repairs and Alterations or used to fund author- date that would otherwise have been deposited date of the sale until the date of re-acquisition to the Pennsylvania Avenue Activities account by the Federal government, offset by any net in- ized increases in prospectus projects: Provided further, That all funds for repairs and alter- shall thereafter be deposited to the Federal come received from the property by the present Buildings Fund, to be available for the purposes owner since the 1988 sale: Provided further, ations prospectus projects shall expire on Sep- tember 30, 2000, and remain in the Federal authorized by Public Laws 104–134 and 104–208, That the funds provided in Public Law 102–393 notwithstanding subsection 210(f)(2) of the Fed- for Hilo, Hawaii, shall be expended for the plan- Buildings Fund except funds for projects as to which funds for design or other funds have been eral Property and Administrative Services Act, ning and design of the Mauna Kea Astronomy as amended: Provided further, That of the Educational Center, notwithstanding Public obligated in whole or in part prior to such date: Provided further, That of the amount provided, amount provided, $475,000 shall be made avail- Law 103–123, and of the funds provided not able for the 1999 Women’s World Cup Soccer more than $475,000 is to be disbursed in this fis- $100,000 shall be used to address the lighting issues at the Byrne-Green Federal Courthouse event: Provided further, That of the amount cal year: Provided further, That all funds for provided, $600,000 shall be made available for direct construction projects shall expire on Sep- in Philadelphia, Pennsylvania: Provided fur- ther, That of the amount provided in this or any the 1999 World Alpine Ski Championships: Pro- tember 30, 2000, and remain in the Federal vided further, That revenues and collections Buildings Fund except for funds for projects as prior Act for Basic Repairs and Alterations, $1,600,000 shall be provided to complete the al- and any other sums accruing to this Fund dur- to which funds for design or other funds have ing fiscal year 1999, excluding reimbursements been obligated in whole or in part prior to such terations required at the Milwaukee, Wisconsin Courthouse: Provided further, That of the under section 210(f)(6) of the Federal Property date: Provided further, That of the funds pro- and Administrative Services Act of 1949 (40 vided for non-prospectus construction projects, amount provided in this or any prior Act for Basic Repairs and Alterations, $1,100,000 may be U.S.C. 490(f)(6)) in excess of $5,605,018,000 shall $2,100,000 shall be available until expended for remain in the Fund and shall not be available acquisition, lease, construction, and equipping used to provide a new fence surrounding the Suitland Federal Complex in Suitland, Mary- for expenditure except as authorized in appro- of flexiplace telecommuting centers: Provided priations Acts. further, That from the funds made available land: Provided further, That $5,700,000 of the under this heading in this or prior Acts of Con- funds provided under this heading in Public POLICY AND OPERATIONS gress, the Administrator of General Services may Law 103–329 for the Holtsville, New York, IRS For expenses authorized by law, not otherwise purchase at a price he determines appropriate, Service Center shall remain available until Sep- provided for, for Government-wide policy and notwithstanding any other provision of law, tember 30, 1999: Provided further, That the oversight activities associated with asset man- property adjacent to the new courthouse cur- amount provided in this or any prior Act for agement activities; utilization and donation of rently under construction in Scranton, Pennsyl- Basic Repairs and Alterations may be used to surplus personal property; transportation; pro- vania; and (2) $668,031,000 shall remain avail- pay claims against the Government arising from curement and supply; Government-wide and in- able until expended, for repairs and alterations any projects under the heading ‘‘Repairs and ternal responsibilities relating to automated which includes associated design and construc- Alterations’’ or used to fund authorized in- data management, telecommunications, informa- tion services: Provided further, That of the creases in prospectus projects; (3) $215,764,000 tion resources management, and related tech- amount provided, $161,500,000 shall not be avail- for installment acquisition payments including nology activities; utilization survey, deed com- able for obligation until September 30, 1999: Pro- payments on purchase contracts which shall re- pliance inspection, appraisal, environmental vided further, That funds in the Federal Build- main available until expended; (4) $2,583,261,000 and cultural analysis, and land use planning ings Fund for Repairs and Alterations shall, for for rental of space which shall remain available functions pertaining to excess and surplus real prospectus projects, be limited to the amount by until expended: Provided further, That of the property; agency-wide policy direction; Board of project as follows, except each project may be amount provided, $15,000,000 shall not be avail- Contract Appeals; accounting, records manage- increased by an amount not to exceed 10 percent able for obligation until September 30, 1999; and ment, and other support services incident to ad- unless advance approval is obtained from the (5) $1,554,772,000 for building operations which judication of Indian Tribal Claims by the Committees on Appropriations of a greater shall remain available until expended: Provided United States Court of Federal Claims; services amount: further, That of the amount provided $68,000,000 as authorized by 5 U.S.C. 3109; and not to ex- Repairs and alterations: shall not be available for obligation until Sep- ceed $5,000 for official reception and representa- California: tember 30, 1999: Provided further, That funds tion expenses, $109,594,000: Provided, That none San Francisco, Appraisers Building, available to the General Services Administration of the funds appropriated from this Act shall be $29,778,000 shall not be available for expenses of any con- available to convert the Old Post Office at 1100 Colorado: struction, repair, alteration and acquisition Pennsylvania Avenue in Northwest Washing- Lakewood, Denver Federal Center, Building project for which a prospectus, if required by ton, D.C., from office use to any other use until 25, $29,351,000 the Public Buildings Act of 1959, as amended, a comprehensive plan, which shall include H9220 CONGRESSIONAL RECORD — HOUSE October 1, 1998 street-level retail use, has been approved by the SEC. 406. Funds provided to other Government Public Law 104–208 (110 Stat. 3009–337–38), that Senate Committee on Appropriations, the House agencies by the Information Technology Fund, the Administrator of General Services charge Committee on Transportation and Infrastruc- General Services Administration, under 40 user fees for flexiplace telecommuting centers ture, and the Senate Committee on Environment U.S.C. 757 and sections 5124(b) and 5128 of Pub- that approximate commercial charges for com- and Public Works: Provided further, That no lic Law 104–106, Information Technology Man- parable space and services but in no instance funds from this Act shall be available to acquire agement Reform Act of 1996, for performance of less than the amount necessary to pay the cost by purchase, condemnation, or otherwise the pilot information technology projects which of establishing and operating such centers, shall leasehold rights of the existing lease with pri- have potential for Government-wide benefits not apply to the user fees charged for the period vate parties at the Old Post Office prior to the and savings, may be repaid to this Fund from beginning October 1, 1996, and ending September approval of the comprehensive plan by the Sen- any savings actually incurred by these projects 30, 1998, for the telecommuting centers estab- ate Committee on Appropriations, the House or other funding, to the extent feasible. lished as part of a pilot telecommuting dem- Committee on Transportation and Infrastruc- SEC. 407. From funds made available under onstration program in the Washington, D.C. ture, and the Senate Committee on Environment the heading ‘‘Federal Buildings Fund Limita- metropolitan area by Public Laws 102–393, 103– and Public Works: Provided further, That tions on Revenue’’, claims against the Govern- 123, 103–329, 104–52, and 104–208: Provided, That $100,000 is provided to the property disposal ac- ment of less than $250,000 arising from direct for these centers in the pilot demonstration pro- tivity for the Racine, Wisconsin, property trans- construction projects and acquisition of build- gram for the period beginning October 1, 1998, fer identified in General Services Administration ings may be liquidated from savings effected in and ending September 30, 2000, the Adminis- General Provision section 409. other construction projects with prior notifica- trator shall charge fees for Federal agency use OFFICE OF INSPECTOR GENERAL tion to the Committees on Appropriations. of a telecenter based on 50 percent of the Ad- For necessary expenses of the Office of In- SEC. 408. From the funds made available ministrator’s annual costs of operating the cen- spector General and services authorized by 5 under the heading ‘‘Federal Buildings Fund ter, including the reasonable cost of replacement U.S.C. 3109, $32,000,000: Provided, That not to Limitations on Revenue’’, in addition to for furniture, fixtures, and equipment: Provided exceed $10,000 shall be available for payment for amounts provided in budget activities above, up further, That effective October 1, 2000, the Ad- information and detection of fraud against the to $5,000,000 shall be available for the demoli- ministrator shall charge fees for Federal agency Government, including payment for recovery of tion, cleanup and conveyance of the property at use of the demonstration telecommuting centers stolen Government property: Provided further, block 35 and lot 2 of block 36 in Anchorage, based on 100 percent of the annual operating That not to exceed $2,500 shall be available for Alaska: Provided, That notwithstanding any costs, including the reasonable cost of replace- awards to employees of other Federal agencies other provision of law, the Administrator of ment for furniture, fixtures, and equipment: Provided further, That, to the extent such user and private citizens in recognition of efforts and General Services shall, not later than 18 months charges do not cover the Administrator’s costs in initiatives resulting in enhanced Office of In- after the date of enactment of this Act, demolish operating these centers, appropriations to the spector General effectiveness. and remove all buildings, structures and other fixtures on the property at block 35 and lot 2 of General Services Administration are authorized ALLOWANCES AND OFFICE STAFF FOR FORMER block 36, Anchorage Original Townsite East Ad- to reimburse the Federal Buildings Fund for PRESIDENTS dition, Anchorage, Alaska, excluding any por- any loss of revenue. (INCLUDING TRANSFER OF FUNDS) tion dedicated for use by the Centers for Disease SEC. 412. (a) AUTHORITY TO CONVEY.— For carrying out the provisions of the Act of Control and Prevention: Provided further, That (1) IN GENERAL.—Notwithstanding any other August 25, 1958, as amended (3 U.S.C. 102 note), the remediation of said parcel shall include the provision of law, the Administrator of General and Public Law 95–138, $2,241,000: Provided, removal of all asbestos, lead and any other con- Services shall convey to the University of That the Administrator of General Services shall tamination, and restoration of the property, to Miami, by negotiated sale or by negotiated land transfer to the Secretary of the Treasury such the extent practicable, to an undeveloped condi- exchange and by not later than September 30, sums as may be necessary to carry out the provi- tion: Provided further, That upon completion of 1999, all right, title, and interest of the United sions of such Acts. the activities required for the demolition and re- States in and to the property described in para- GENERAL PROVISIONS—GENERAL SERVICES moval of buildings, and notwithstanding any graph (2). (2) PROPERTY DESCRIBED.—The property re- ADMINISTRATION other provision of law, the Administrator of ferred to in paragraph (1) is real property in SEC. 401. The appropriate appropriation or General Services shall convey to the municipal- Miami-Dade County, Florida, including im- fund available to the General Services Adminis- ity of Anchorage, without reimbursement, all provements thereon, comprising the Federal fa- tration shall be credited with the cost of oper- right, title, and interest of the United States to ation, protection, maintenance, upkeep, repair, cility known as the United States Naval Observ- the property. atory/Alternate Time Service Laboratory, con- and improvement, included as part of rentals re- SEC. 409. The Administrator of General Serv- sisting of approximately 76 acres. The exact ceived from Government corporations pursuant ices may convey to the City of Racine, Wiscon- acreage and legal description of the property to law (40 U.S.C. 129). sin, all right, title, and interest of the United shall be determined by a survey that is satisfac- SEC. 402. Funds available to the General Serv- States in and to a parcel of excess real property, tory to the Administrator. ices Administration shall be available for the including improvements thereon, that is located (b) CONDITION REGARDING USE.—Any convey- hire of passenger motor vehicles. on 2310 Center Street, commencing at the inter- ance under subsection (a) shall be subject to the SEC. 403. Funds in the Federal Buildings section of the North line of 24th Street and the condition that during the 10-year period begin- Fund made available for fiscal year 1999 for center line of Center Street, being the point of Federal Buildings Fund activities may be trans- ning on the date of the conveyance, the Univer- the beginning; thence Northerly along the cen- sity shall use the property, or provide for use of ferred between such activities only to the extent ter line of Center Street, 426 feet to the South the property, only for— necessary to meet program requirements: Pro- line of 23rd Street extended East; thence West- (1) a research, education, and training facility vided, That any proposed transfers shall be ap- erly along the South line of 23rd street extended complementary to longstanding national re- proved in advance by the Committees on Appro- East; 325 feet to the West line of Franklin Street search missions, subject to such incidental ex- priations. extended South; thence southerly along the ceptions as may be approved by the Adminis- SEC. 404. No funds made available by this Act West line of Franklin Street extended South to trator; shall be used to transmit a fiscal year 2000 re- a point on the North line of 24th Street; thence (2) research-related purposes other than the quest for United States Courthouse construction Easterly along the North line of 24th Street to use specified in paragraph (1), under an agree- that: (1) does not meet the design guide stand- the point of beginning located in Racine, Wis- ment entered into by the Administrator and the ards for construction as established and ap- consin, and which contains the U.S. Army Re- University; or proved by the General Services Administration, serve Center. (3) a combination of uses described in para- the Judicial Conference of the United States, SEC. 410. DEPARTMENT OF TRANSPORTATION graph (1) and paragraph (2), respectively. and the Office of Management and Budget; and HEADQUARTERS. (a) IN GENERAL.—The Adminis- (c) ADDITIONAL TERMS AND CONDITIONS.—The (2) does not reflect the priorities of the Judicial trator of General Services shall— Administrator may require such additional Conference of the United States as set out in its (1) enter into an operating lease to acquire terms and conditions with respect to the convey- approved 5-year construction plan: Provided, space for the Department of Transportation ance under subsection (a) as the Administrator That the fiscal year 2000 request must be accom- headquarters; and considers appropriate to protect the interests of panied by a standardized courtroom utilization (2) commence procurement of the lease not the United States. study of each facility to be constructed, re- later than November 1, 1998: (d) REVERSION.—If the Administrator deter- placed, or expanded. Provided, That the annual rent payment does mines at any time that the property conveyed SEC. 405. None of the funds provided in this not exceed $55,000,000. under subsection (a) is not being used in accord- Act may be used to increase the amount of occu- (b) TERMS.—The authority granted in sub- ance with this section, all right, title, and inter- piable square feet, provide cleaning services, se- section (a) is effective only to the extent that the est in and to the property, including any im- curity enhancements, or any other service usu- lease acquisition meets the guidelines for operat- provements thereon, shall revert to the United ally provided through the Federal Buildings ing leases set forth in the joint statement of the States, and the United States shall have the Fund, to any agency which does not pay the managers for the conference report to the Bal- right of immediate entry thereon. rate per square foot assessment for space and anced Budget Agreement of 1997, as determined SEC. 413. The Administrator of General Serv- services as determined by the General Services by the Director of the Office of Management ices is directed to reincorporate the elements of Administration in compliance with the Public and Budget. the original proposed design for the fac¸ade of Buildings Amendments Act of 1972 (Public Law SEC. 411. Notwithstanding any other provision the United States Courthouse, London, Ken- 92–313). of law, the requirement under section 407 of tucky, project into the revised design of the October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9221 building in order to ensure compatibility of this OFFICE OF PERSONNEL MANAGEMENT GOVERNMENT PAYMENT FOR ANNUITANTS, new facility with the historic U.S. Courthouse SALARIES AND EXPENSES EMPLOYEE LIFE INSURANCE in London, Kentucky, to maintain the stateli- (INCLUDING TRANSFER OF TRUST FUNDS) For payment of Government contributions ness of the building. Construction or design of For necessary expenses to carry out functions with respect to employees retiring after Decem- the London, Kentucky, project should not be di- of the Office of Personnel Management pursu- ber 31, 1989, as required by chapter 87 of title 5, minished in anyway to achieve this goal. ant to Reorganization Plan Numbered 2 of 1978 United States Code, such sums as may be nec- ENVIRONMENTAL DISPUTE RESOLUTION FUND and the Civil Service Reform Act of 1978, includ- essary. PAYMENT TO CIVIL SERVICE RETIREMENT AND For payment to the Environmental Dispute ing services as authorized by 5 U.S.C. 3109; med- DISABILITY FUND Resolution Fund to carry out activities author- ical examinations performed for veterans by pri- For financing the unfunded liability of new ized in the Environmental Policy and Conflict vate physicians on a fee basis; rental of con- and increased annuity benefits becoming effec- Resolution Act of 1997, $4,250,000, to remain ference rooms in the District of Columbia and tive on or after October 20, 1969, as authorized available until expended, of which $3,000,000 elsewhere; hire of passenger motor vehicles; not by 5 U.S.C. 8348, and annuities under special will be for capitalization of the Fund, and to exceed $2,500 for official reception and rep- Acts to be credited to the Civil Service Retire- $1,250,000 will be for annual operating expenses. resentation expenses; advances for reimburse- ments to applicable funds of the Office of Per- ment and Disability Fund, such sums as may be MERIT SYSTEMS PROTECTION BOARD sonnel Management and the Federal Bureau of necessary: Provided, That annuities authorized SALARIES AND EXPENSES Investigation for expenses incurred under Exec- by the Act of May 29, 1944, as amended, and the utive Order No. 10422 of January 9, 1953, as Act of August 19, 1950, as amended (33 U.S.C. (INCLUDING TRANSFER OF FUNDS) amended; and payment of per diem and/or sub- 771–775), may hereafter be paid out of the Civil For necessary expenses to carry out functions sistence allowances to employees where Voting Service Retirement and Disability Fund. of the Merit Systems Protection Board pursuant Rights Act activities require an employee to re- OFFICE OF SPECIAL COUNSEL to Reorganization Plan Numbered 2 of 1978 and main overnight at his or her post of duty, SALARIES AND EXPENSES the Civil Service Reform Act of 1978, including $85,350,000; and in addition $91,236,000 for ad- For necessary expenses to carry out functions services as authorized by 5 U.S.C. 3109, rental of ministrative expenses, to be transferred from the of the Office of Special Counsel pursuant to Re- conference rooms in the District of Columbia appropriate trust funds of the Office of Person- organization Plan Numbered 2 of 1978, the Civil and elsewhere, hire of passenger motor vehicles, nel Management without regard to other stat- Service Reform Act of 1978 (Public Law 95–454), and direct procurement of survey printing, utes, including direct procurement of printed the Whistleblower Protection Act of 1989 (Public $25,805,000, together with not to exceed materials, for the retirement and insurance pro- Law 101–12), Public Law 103–424, and the Uni- $2,430,000 for administrative expenses to adju- grams: Provided, That the provisions of this ap- formed Services Employment and Reemployment dicate retirement appeals to be transferred from propriation shall not affect the authority to use Act of 1994 (Public Law 103–353), including serv- the Civil Service Retirement and Disability applicable trust funds as provided by section ices as authorized by 5 U.S.C. 3109, payment of Fund in amounts determined by the Merit Sys- 8348(a)(1)(B) of title 5, United States Code: Pro- fees and expenses for witnesses, rental of con- tems Protection Board. vided further, That, except as may be consistent ference rooms in the District of Columbia and with 5 U.S.C. 8902a(f)(1) and (i), no payment NATIONAL ARCHIVES AND RECORDS elsewhere, and hire of passenger motor vehicles, may be made from the Employees Health Bene- ADMINISTRATION $8,720,000. fits Fund to any physician, hospital, or other OPERATING EXPENSES provider of health care services or supplies who UNITED STATES TAX COURT For necessary expenses in connection with the is, at the time such services or supplies are pro- SALARIES AND EXPENSES administration of the National Archives (includ- vided to an individual covered under chapter 89 For necessary expenses, including contract re- ing the Information Security Oversight Office) of title 5, United States Code, excluded, pursu- porting and other services as authorized by 5 and records and related activities, as provided ant to section 1128 or 1128A of the Social Secu- U.S.C. 3109, $32,765,000: Provided, That travel by law, and for expenses necessary for the re- rity Act (42 U.S.C. 1320a–7 through 1320a–7a), expenses of the judges shall be paid upon the view and declassification of documents, and for from participation in any program under title written certificate of the judge. the hire of passenger motor vehicles, XVIII of the Social Security Act (42 U.S.C. 1395 This title may be cited as the ‘‘Independent $224,614,000: Provided, That of the amount pro- et seq.): Provided further, That no part of this Agencies Appropriations Act, 1999’’. vided, $7,861,000 shall not be available for obli- appropriation shall be available for salaries and TITLE V—GENERAL PROVISIONS gation until September 30, 1999: Provided fur- expenses of the Legal Examining Unit of the Of- THIS ACT ther, That the Archivist of the United States is fice of Personnel Management established pur- authorized to use any excess funds available suant to Executive Order No. 9358 of July 1, SEC. 501. No part of any appropriation con- from the amount borrowed for construction of 1943, or any successor unit of like purpose: Pro- tained in this Act shall remain available for ob- the National Archives facility, for expenses nec- vided further, That the President’s Commission ligation beyond the current fiscal year unless essary to provide adequate storage for holdings. on White House Fellows, established by Execu- expressly so provided herein. SEC. 502. The expenditure of any appropria- REPAIRS AND RESTORATION tive Order No. 11183 of October 3, 1964, may, during fiscal year 1999, accept donations of tion under this Act for any consulting service For the repair, alteration, and improvement of money, property, and personal services in con- through procurement contract, pursuant to 5 archives facilities, and to provide adequate stor- nection with the development of a publicity bro- U.S.C. 3109, shall be limited to those contracts age for holdings, $11,325,000, to remain available chure to provide information about the White where such expenditures are a matter of public until expended, of which $2,000,000 is for an ar- House Fellows, except that no such donations record and available for public inspection, ex- chitectural and engineering study for the ren- shall be accepted for travel or reimbursement of cept where otherwise provided under existing ovation of the Archives I facility, of which travel expenses, or for the salaries of employees law, or under existing Executive order issued $4,000,000 is for encasement of the Charters of of such Commission. pursuant to existing law. Freedom, and of which $875,000 is for a require- OFFICE OF INSPECTOR GENERAL SEC. 503. None of the funds made available by ments study and design of the National Archives this Act shall be available for any activity or for Anchorage, Alaska, facility. SALARIES AND EXPENSES paying the salary of any Government employee (INCLUDING TRANSFER OF TRUST FUNDS) NATIONAL HISTORICAL PUBLICATIONS AND where funding an activity or paying a salary to For necessary expenses of the Office of In- RECORDS COMMISSION a Government employee would result in a deci- spector General in carrying out the provisions of sion, determination, rule, regulation, or policy GRANTS PROGRAM the Inspector General Act, as amended, includ- that would prohibit the enforcement of section For necessary expenses for allocations and ing services as authorized by 5 U.S.C. 3109, hire 307 of the Tariff Act of 1930. grants for historical publications and records as of passenger motor vehicles, $960,000; and in ad- SEC. 504. None of the funds made available by authorized by 44 U.S.C. 2504, as amended, dition, not to exceed $9,145,000 for administra- this Act shall be available in fiscal year 1999 for $10,000,000, to remain available until expended: tive expenses to audit the Office of Personnel the purpose of transferring control over the Fed- Provided, That of the amount provided, Management’s retirement and insurance pro- eral Law Enforcement Training Center located $4,000,000 shall not be available for obligation grams, to be transferred from the appropriate at Glynco, Georgia, and Artesia, New Mexico, until September 30, 1999. trust funds of the Office of Personnel Manage- out of the Department of the Treasury. ment, as determined by the Inspector General: OFFICE OF GOVERNMENT ETHICS SEC. 505. No part of any appropriation con- Provided, That the Inspector General is author- tained in this Act shall be available to pay the SALARIES AND EXPENSES ized to rent conference rooms in the District of salary for any person filling a position, other For necessary expenses to carry out functions Columbia and elsewhere. than a temporary position, formerly held by an of the Office of Government Ethics pursuant to GOVERNMENT PAYMENT FOR ANNUITANTS, employee who has left to enter the Armed Forces the Ethics in Government Act of 1978, as amend- EMPLOYEES HEALTH BENEFITS of the United States and has satisfactorily com- ed and the Ethics Reform Act of 1989, including For payment of Government contributions pleted his period of active military or naval services as authorized by 5 U.S.C. 3109, rental of with respect to retired employees, as authorized service, and has within 90 days after his release conference rooms in the District of Columbia by chapter 89 of title 5, United States Code, and from such service or from hospitalization con- and elsewhere, hire of passenger motor vehicles, the Retired Federal Employees Health Benefits tinuing after discharge for a period of not more and not to exceed $1,500 for official reception Act (74 Stat. 849), as amended, such sums as than 1 year, made application for restoration to and representation expenses, $8,492,000. may be necessary. his former position and has been certified by the H9222 CONGRESSIONAL RECORD — HOUSE October 1, 1998

Office of Personnel Management as still quali- SEC. 514. (a) APPOINTMENT AND TERM OF (b) in section 12, by: fied to perform the duties of his former position SERVICE OF STAFF DIRECTOR AND GENERAL (1) deleting ‘‘IN GENERAL—’’ and inserting and has not been restored thereto. COUNSEL OF FEDERAL ELECTION COMMISSION.— ‘‘(a) IN GENERAL—’’; and SEC. 506. No funds appropriated pursuant to (1) IN GENERAL.—The first sentence of section (2) adding the following new subsection: this Act may be expended by an entity unless 306(f)(1) of the Federal Election Campaign Act ‘‘(b) THE INSTITUTE.—The authorities set forth the entity agrees that in expending the assist- of 1971 (2 U.S.C. 437c(f)(1)) is amended by strik- above shall, with the exception of paragraph ance the entity will comply with sections 2 ing ‘‘by the Commission’’ and inserting the fol- (4), apply to the Institute established pursuant through 4 of the Act of March 3, 1933 (41 U.S.C. lowing: ‘‘by an affirmative vote of not less than to section 10.’’; and 10a–10c, popularly known as the ‘‘Buy Amer- 4 members of the Commission and may not serve (c) in section 10(b), by adding before the pe- ican Act’’). for a term of more than 4 consecutive years riod as follows: ‘‘, including not to exceed $1,000 SEC. 507. (a) PURCHASE OF AMERICAN-MADE without reappointment in accordance with this annually for official reception and representa- EQUIPMENT AND PRODUCTS.—In the case of any paragraph’’. tion expenses’’. EC. 518. The cost accounting standards pro- equipment or products that may be authorized (2) EFFECTIVE DATE.—The amendment made S mulgated under section 26 of the Office of Fed- to be purchased with financial assistance pro- by paragraph (1) shall apply with respect to any eral Procurement Policy Act (Public Law 93–400; vided under this Act, it is the sense of the Con- individual serving as the staff director or gen- 41 U.S.C. 422) shall not apply with respect to a gress that entities receiving such assistance eral counsel of the Federal Election Commission contract under the Federal Employees Health should, in expending the assistance, purchase on or after January 1, 1999, without regard to Benefits Program established under chapter 89 only American-made equipment and products. whether or not the individual served as staff di- of title 5, United States Code. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In rector or general counsel prior to such date. providing financial assistance under this Act, (b) TREATMENT OF INDIVIDUALS FILLING VA- TITLE VI—GENERAL PROVISIONS the Secretary of the Treasury shall provide to CANCIES; TERMINATION OF AUTHORITY UPON EX- DEPARTMENTS, AGENCIES, AND CORPORATIONS each recipient of the assistance a notice describ- PIRATION OF TERM.—Section 306(f)(1) of such SEC. 601. Funds appropriated in this or any ing the statement made in subsection (a) by the Act (2 U.S.C. 437c(f)(1)) is amended by inserting other Act may be used to pay travel to the Congress. after the first sentence the following new sen- United States for the immediate family of em- SEC. 508. If it has been finally determined by tences: ‘‘An individual appointed as a staff di- ployees serving abroad in cases of death or life a court or Federal agency that any person in- rector or general counsel to fill a vacancy occur- threatening illness of said employee. tentionally affixed a label bearing a ‘‘Made in ring other than by the expiration of a term of SEC. 602. No department, agency, or instru- America’’ inscription, or any inscription with office shall be appointed only for the unexpired mentality of the United States receiving appro- the same meaning, to any product sold in or term of the individual he or she succeeds. An in- priated funds under this or any other Act for shipped to the United States that is not made in dividual serving as staff director or general fiscal year 1999 shall obligate or expend any the United States, such person shall be ineligible counsel may not serve in such position after the such funds, unless such department, agency, or to receive any contract or subcontract made expiration of the individual’s term unless re- instrumentality has in place, and will continue with funds provided pursuant to this Act, pur- appointed in accordance with this paragraph.’’. to administer in good faith, a written policy de- (c) RULE OF CONSTRUCTION REGARDING AU- suant to the debarment, suspension, and ineli- signed to ensure that all of its workplaces are THORITY OF ACTING GENERAL COUNSEL.—Section gibility procedures described in sections 9.400 free from the illegal use, possession, or distribu- 306(f) of such Act (2 U.S.C. 437c(f)) is amended through 9.409 of title 48, Code of Federal Regu- tion of controlled substances (as defined in the by adding at the end the following new para- lations. Controlled Substances Act) by the officers and graph: SEC. 509. No funds appropriated by this Act employees of such department, agency, or in- ‘‘(5) Nothing in this Act may be construed to shall be available to pay for an abortion, or the strumentality. prohibit any individual serving as an acting administrative expenses in connection with any SEC. 603. Notwithstanding 31 U.S.C. 1345, any general counsel of the Commission from perform- health plan under the Federal employees health agency, department, or instrumentality of the ing any functions of the general counsel of the benefit program which provides any benefits or United States which provides or proposes to pro- Commission.’’. coverage for abortions. vide child care services for Federal employees SEC. 515. Hereafter, any payment of attorneys SEC. 510. The provision of section 509 shall not may, in fiscal year 1999 and thereafter, reim- fees, costs, and sanctions required to be made by apply where the life of the mother would be en- burse any Federal employee or any person em- the Federal Government pursuant to the order dangered if the fetus were carried to term, or the ployed to provide such services for travel, trans- of the district court in the case Association of pregnancy is the result of an act of rape or in- portation, and subsistence expenses incurred for American Physicians and Surgeons, Inc. v. Clin- cest. training classes, conferences, or other meetings ton, 989 F. Supp. 8 (1997), or any appeal of such SEC. 511. Except as otherwise specifically pro- in connection with the provision of such serv- case, shall be derived by transfer from amounts vided by law, not to exceed 50 percent of unobli- ices: Provided, That any per diem allowance made available in this or any other Act for any gated balances remaining available at the end of made pursuant to this section shall not exceed fiscal year for ‘‘Compensation of the President fiscal year 1999 from appropriations made avail- the rate specified in regulations prescribed pur- and the White House Office—Salaries and Ex- able for salaries and expenses for fiscal year suant to section 5707 of title 5, United States penses’’. 1999 in this Act, shall remain available through Code. SEC. 516. Notwithstanding Section 515 of Pub- September 30, 2000, for each such account for SEC. 604. Unless otherwise specifically pro- lic Law 104–208, fifty percent of the unobligated the purposes authorized: Provided, That a re- vided, the maximum amount allowable during balances available to the White House Office, quest shall be submitted to the Committees on the current fiscal year in accordance with sec- Salaries and Expenses appropriations in fiscal Appropriations for approval prior to the expend- tion 16 of the Act of August 2, 1946 (60 Stat. year 1997, shall remain available through Sep- iture of such funds: Provided further, That 810), for the purchase of any passenger motor tember 30, 1999, for the purposes of satisfying these requests shall be made in compliance with vehicle (exclusive of buses, ambulances, law en- the conditions of Section 515 of this Act. forcement, and undercover surveillance vehi- reprogramming guidelines. SEC. 517. The Morris K. Udall Scholarship and SEC. 512. None of the funds made available in Excellence in National Environmental and Na- cles), is hereby fixed at $8,100 except station this Act may be used by the Executive Office of tive American Public Policy Act of 1992, as wagons for which the maximum shall be $9,100: the President to request from the Federal Bu- amended (20 U.S.C. 5601 et seq.), is amended as Provided, That these limits may be exceeded by reau of Investigation any official background follows: not to exceed $3,700 for police-type vehicles, and investigation report on any individual, except (a) in section 11, by— by not to exceed $4,000 for special heavy-duty when it is made known to the Federal official (1) deleting the heading and inserting ‘‘Use of vehicles: Provided further, That the limits set having authority to obligate or expend such the Institute by a Federal Agency or Other En- forth in this section may not be exceeded by funds that— tity.’’; and more than 5 percent for electric or hybrid vehi- (1) such individual has given his or her ex- (2) adding the following new subsection at the cles purchased for demonstration under the pro- press written consent for such request not more end: visions of the Electric and Hybrid Vehicle Re- than 6 months prior to the date of such request ‘‘(e) NON-FEDERAL ENTITIES.— search, Development, and Demonstration Act of and during the same presidential administra- ‘‘(1) Non-Federal entities, including state and 1976: Provided further, That the limits set forth tion; or local governments, Native American tribal gov- in this section may be exceeded by the incremen- (2) such request is required due to extraor- ernments, nongovernmental organizations and tal cost of clean alternative fuels vehicles ac- dinary circumstances involving national secu- persons, as defined in 1 U.S.C. 1, may use the quired pursuant to Public Law 101–549 over the rity. Foundation and the Institute to provide assess- cost of comparable conventionally fueled vehi- SEC. 513. Funds provided in this Act may be ment, mediation, or other related services in cles. used to initiate or continue projects or activities connection with a dispute or conflict involving SEC. 605. Appropriations of the executive de- to the extent necessary, consistent with existing the Federal government related to the environ- partments and independent establishments for agency plans, to achieve Year 2000 (Y2K) com- ment, public lands, or natural resources. the current fiscal year available for expenses of puter conversion until such time as supple- ‘‘(2) PAYMENT INTO THE ENVIRONMENTAL DIS- travel, or for the expenses of the activity con- mental appropriations are made available for PUTE RESOLUTION FUND.—Entities utilizing serv- cerned, are hereby made available for quarters that purpose: Provided, That the program, ices pursuant to this subsection shall reimburse allowances and cost-of-living allowances, in ac- project, or activity from which funds are obli- the Institute for the costs of services provided. cordance with 5 U.S.C. 5922–5924. gated for Y2K conversion activities shall be re- Such amounts shall be deposited into the Envi- SEC. 606. Unless otherwise specified during the imbursed when such supplemental appropria- ronmental Dispute Resolution Fund established current fiscal year, no part of any appropria- tions are made available. under section 10.’’; and tion contained in this or any other Act shall be October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9223 used to pay the compensation of any officer or accordance with 5 U.S.C. 3109; and the objects title 5, United States Code, and no employee employee of the Government of the United specified under this head, all the provisions of covered by section 5348 of such title, may be States (including any agency the majority of the which shall be applicable to the expenditure of paid during the periods for which subsection (a) stock of which is owned by the Government of such funds unless otherwise specified in the Act is in effect at a rate that exceeds the rates that the United States) whose post of duty is in the by which they are made available: Provided, would be payable under subsection (a) were sub- continental United States unless such person: That in the event any functions budgeted as ad- section (a) applicable to such employee. (1) is a citizen of the United States; (2) is a per- ministrative expenses are subsequently trans- (c) For the purposes of this section, the rates son in the service of the United States on the ferred to or paid from other funds, the limita- payable to an employee who is covered by this date of enactment of this Act who, being eligible tions on administrative expenses shall be cor- section and who is paid from a schedule not in for citizenship, has filed a declaration of inten- respondingly reduced. existence on September 30, 1998, shall be deter- tion to become a citizen of the United States SEC. 610. No part of any appropriation for the mined under regulations prescribed by the Of- prior to such date and is actually residing in the current fiscal year contained in this or any fice of Personnel Management. United States; (3) is a person who owes alle- other Act shall be paid to any person for the (d) Notwithstanding any other provision of giance to the United States; (4) is an alien from filling of any position for which he or she has law, rates of premium pay for employees subject Cuba, Poland, South Vietnam, the countries of been nominated after the Senate has voted not to this section may not be changed from the the former Soviet Union, or the Baltic countries to approve the nomination of said person. rates in effect on September 30, 1998, except to lawfully admitted to the United States for per- SEC. 611. No part of any appropriation con- the extent determined by the Office of Personnel manent residence; (5) is a South Vietnamese, tained in this or any other Act shall be available Management to be consistent with the purpose Cambodian, or Laotian refugee paroled in the for interagency financing of boards (except Fed- of this section. United States after January 1, 1975; or (6) is a eral Executive Boards), commissions, councils, (e) This section shall apply with respect to national of the People’s Republic of China who committees, or similar groups (whether or not pay for service performed after September 30, qualifies for adjustment of status pursuant to they are interagency entities) which do not have 1998. (f) For the purpose of administering any pro- the Chinese Student Protection Act of 1992: Pro- a prior and specific statutory approval to re- vision of law (including any rule or regulation vided, That for the purpose of this section, an ceive financial support from more than one that provides premium pay, retirement, life in- affidavit signed by any such person shall be agency or instrumentality. surance, or any other employee benefit) that re- considered prima facie evidence that the re- SEC. 612. Funds made available by this or any quires any deduction or contribution, or that quirements of this section with respect to his or other Act to the Postal Service Fund (39 U.S.C. imposes any requirement or limitation on the her status have been complied with: Provided 2003) shall be available for employment of basis of a rate of salary or basic pay, the rate further, That any person making a false affida- guards for all buildings and areas owned or oc- of salary or basic pay payable after the applica- cupied by the Postal Service and under the vit shall be guilty of a felony, and, upon convic- tion of this section shall be treated as the rate charge and control of the Postal Service, and tion, shall be fined no more than $4,000 or im- of salary or basic pay. prisoned for not more than 1 year, or both: Pro- such guards shall have, with respect to such (g) Nothing in this section shall be considered vided further, That the above penal clause shall property, the powers of special policemen pro- to permit or require the payment to any em- be in addition to, and not in substitution for, vided by the first section of the Act of June 1, ployee covered by this section at a rate in excess any other provisions of existing law: Provided 1948, as amended (62 Stat. 281; 40 U.S.C. 318), of the rate that would be payable were this sec- further, That any payment made to any officer and, as to property owned or occupied by the tion not in effect. or employee contrary to the provisions of this Postal Service, the Postmaster General may take (h) The Office of Personnel Management may section shall be recoverable in action by the the same actions as the Administrator of Gen- provide for exceptions to the limitations imposed Federal Government. This section shall not eral Services may take under the provisions of by this section if the Office determines that such apply to citizens of Ireland, Israel, or the Re- sections 2 and 3 of the Act of June 1, 1948, as exceptions are necessary to ensure the recruit- public of the Philippines, or to nationals of amended (62 Stat. 281; 40 U.S.C. 318a and 318b), ment or retention of qualified employees. those countries allied with the United States in attaching thereto penal consequences under the SEC. 615. During the period in which the head a current defense effort, or to international authority and within the limits provided in sec- of any department or agency, or any other offi- broadcasters employed by the United States In- tion 4 of the Act of June 1, 1948, as amended (62 cer or civilian employee of the Government ap- formation Agency, or to temporary employment Stat. 281; 40 U.S.C. 318c). pointed by the President of the United States, of translators, or to temporary employment in SEC. 613. None of the funds made available holds office, no funds may be obligated or ex- the field service (not to exceed 60 days) as a re- pursuant to the provisions of this Act shall be pended in excess of $5,000 to furnish or redeco- sult of emergencies. used to implement, administer, or enforce any rate the office of such department head, agency SEC. 607. Appropriations available to any de- regulation which has been disapproved pursu- head, officer, or employee, or to purchase fur- partment or agency during the current fiscal ant to a resolution of disapproval duly adopted niture or make improvements for any such of- year for necessary expenses, including mainte- in accordance with the applicable law of the fice, unless advance notice of such furnishing or nance or operating expenses, shall also be avail- United States. redecoration is expressly approved by the Com- able for payment to the General Services Admin- SEC. 614. (a) Notwithstanding any other provi- mittees on Appropriations. For the purposes of istration for charges for space and services and sion of law, and except as otherwise provided in this section, the word ‘‘office’’ shall include the those expenses of renovation and alteration of this section, no part of any of the funds appro- entire suite of offices assigned to the individual, buildings and facilities which constitute public priated for fiscal year 1999, by this or any other as well as any other space used primarily by the improvements performed in accordance with the Act, may be used to pay any prevailing rate em- individual or the use of which is directly con- Public Buildings Act of 1959 (73 Stat. 749), the ployee described in section 5342(a)(2)(A) of title trolled by the individual. Public Buildings Amendments of 1972 (87 Stat. 5, United States Code— SEC. 616. Notwithstanding any other provision 216), or other applicable law. (1) during the period from the date of expira- of law, no executive branch agency shall pur- SEC. 608. In addition to funds provided in this tion of the limitation imposed by section 614 of chase, construct, and/or lease any additional fa- or any other Act, all Federal agencies are au- the Treasury and General Government Appro- cilities, except within or contiguous to existing thorized to receive and use funds resulting from priations Act, 1998, until the normal effective locations, to be used for the purpose of conduct- the sale of materials, including Federal records date of the applicable wage survey adjustment ing Federal law enforcement training without disposed of pursuant to a records schedule re- that is to take effect in fiscal year 1999, in an the advance approval of the Committees on Ap- covered through recycling or waste prevention amount that exceeds the rate payable for the propriations, except that the Federal Law En- programs. Such funds shall be available until applicable grade and step of the applicable wage forcement Training Center is authorized to ob- expended for the following purposes: schedule in accordance with such section 614; tain the temporary use of additional facilities by (1) Acquisition, waste reduction and preven- and lease, contract, or other agreement for training tion, and recycling programs as described in Ex- (2) during the period consisting of the remain- which cannot be accommodated in existing Cen- ecutive Order No. 12873 (October 20, 1993), in- der of fiscal year 1999, in an amount that ex- ter facilities. cluding any such programs adopted prior to the ceeds, as a result of a wage survey adjustment, SEC. 617. Notwithstanding section 1346 of title effective date of the Executive order. the rate payable under paragraph (1) by more 31, United States Code, or section 611 of this (2) Other Federal agency environmental man- than the sum of— Act, funds made available for fiscal year 1999 by agement programs, including, but not limited to, (A) the percentage adjustment taking effect in this or any other Act shall be available for the the development and implementation of hazard- fiscal year 1999 under section 5303 of title 5, interagency funding of national security and ous waste management and pollution prevention United States Code, in the rates of pay under emergency preparedness telecommunications ini- programs. the General Schedule; and tiatives which benefit multiple Federal depart- (3) Other employee programs as authorized by (B) the difference between the overall average ments, agencies, or entities, as provided by Ex- law or as deemed appropriate by the head of the percentage of the locality-based comparability ecutive Order No. 12472 (April 3, 1984). Federal agency. payments taking effect in fiscal year 1999 under SEC. 618. (a) None of the funds appropriated SEC. 609. Funds made available by this or any section 5304 of such title (whether by adjustment by this or any other Act may be obligated or ex- other Act for administrative expenses in the cur- or otherwise), and the overall average percent- pended by any Federal department, agency, or rent fiscal year of the corporations and agencies age of such payments which was effective in fis- other instrumentality for the salaries or ex- subject to chapter 91 of title 31, United States cal year 1998 under such section. penses of any employee appointed to a position Code, shall be available, in addition to objects (b) Notwithstanding any other provision of of a confidential or policy-determining char- for which such funds are otherwise available, law, no prevailing rate employee described in acter excepted from the competitive service pur- for rent in the District of Columbia; services in subparagraph (B) or (C) of section 5342(a)(2) of suant to section 3302 of title 5, United States H9224 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Code, without a certification to the Office of such employee actually performed work during hourly rate of basic pay under section 5545b Personnel Management from the head of the the time corresponding to such premium pay. (b)(1)(A) or (c)(1)(B), as applicable, and such Federal department, agency, or other instru- SEC. 625. No part of any appropriation con- overtime hourly rate of pay may not be less than mentality employing the Schedule C appointee tained in this or any other Act shall be available such hourly rate of basic pay in applying the that the Schedule C position was not created for the payment of the salary of any officer or limitation on the overtime rate provided in para- solely or primarily in order to detail the em- employee of the Federal Government, who— graph (2) of such subsection (a).’’; and ployee to the White House. (1) prohibits or prevents, or attempts or (2) by inserting after section 5545a the follow- (b) The provisions of this section shall not threatens to prohibit or prevent, any other offi- ing new section: apply to Federal employees or members of the cer or employee of the Federal Government from ‘‘§ 5545b. Pay for firefighters armed services detailed to or from— having any direct oral or written communica- ‘‘(a) This section applies to an employee (1) the Central Intelligence Agency; tion or contact with any Member, committee, or whose position is classified in the firefighter oc- (2) the National Security Agency; subcommittee of the Congress in connection with cupation in conformance with the GS–081 stand- (3) the Defense Intelligence Agency; any matter pertaining to the employment of ard published by the Office of Personnel Man- (4) the offices within the Department of De- such other officer or employee or pertaining to agement, and whose normal work schedule, as fense for the collection of specialized national the department or agency of such other officer in effect throughout the year, consists of regular foreign intelligence through reconnaissance pro- or employee in any way, irrespective of whether tours of duty which average at least 106 hours grams; such communication or contact is at the initia- (5) the Bureau of Intelligence and Research of per biweekly pay period. tive of such other officer or employee or in re- ‘‘(b)(1) If the regular tour of duty of a fire- the Department of State; sponse to the request or inquiry of such Member, fighter subject to this section generally consists (6) any agency, office, or unit of the Army, committee, or subcommittee; or of 24-hour shifts, rather than a basic 40-hour Navy, Air Force, and Marine Corps, the Federal (2) removes, suspends from duty without pay, workweek (as determined under regulations pre- Bureau of Investigation and the Drug Enforce- demotes, reduces in rank, seniority, status, pay, scribed by the Office of Personnel Management), ment Administration of the Department of Jus- or performance of efficiency rating, denies pro- section 5504(b) shall be applied as follows in tice, the Department of Transportation, the De- motion to, relocates, reassigns, transfers, dis- computing pay— partment of the Treasury, and the Department ciplines, or discriminates in regard to any em- ‘‘(A) paragraph (1) of such section shall be of Energy performing intelligence functions; and ployment right, entitlement, or benefit, or any deemed to require that the annual rate be di- (7) the Director of Central Intelligence. term or condition of employment of, any other vided by 2756 to derive the hourly rate; and SEC. 619. No department, agency, or instru- officer or employee of the Federal Government, ‘‘(B) the computation of such firefighter’s mentality of the United States receiving appro- or attempts or threatens to commit any of the daily, weekly, or biweekly rate shall be based on priated funds under this or any other Act for foregoing actions with respect to such other offi- the hourly rate under subparagraph (A); fiscal year 1999 shall obligate or expend any cer or employee, by reason of any communica- ‘‘(2) For the purpose of sections 5595(c), 5941, such funds, unless such department, agency, or tion or contact of such other officer or employee 8331(3), and 8704(c), and for such other purposes instrumentality has in place, and will continue with any Member, committee, or subcommittee of as may be expressly provided for by law or as to administer in good faith, a written policy de- the Congress as described in paragraph (1). the Office of Personnel Management may by signed to ensure that all of its workplaces are SEC. 626. Section 626(b) of the Treasury, Post- regulation prescribe, the basic pay of a fire- free from discrimination and sexual harassment al Service, and General Government Appropria- fighter subject to this subsection shall include and that all of its workplaces are not in viola- tions Act, 1997, as contained in section 101(f) of an amount equal to the firefighter’s basic hour- tion of title VII of the Civil Rights Act of 1964, Public Law 104–208 (110 Stat. 3009–360), the Om- ly rate (as computed under paragraph (1)(A)) as amended, the Age Discrimination in Employ- nibus Consolidated Appropriations Act, 1997, is for all hours in such firefighter’s regular tour of ment Act of 1967, and the Rehabilitation Act of amended to read as follows: ‘‘(b) Until Septem- duty (including overtime hours). 1973. ber 30, 1999, or until the end of the current FTS ‘‘(c)(1) If the regular tour of duty of a fire- SEC. 620. No part of any appropriation con- 2000 contracts, whichever is earlier, subsection fighter subject to this section includes a basic tained in this Act may be used to pay for the ex- (a) shall continue to apply to the use of the 40-hour workweek (as determined under regula- penses of travel of employees, including employ- funds appropriated by this or any other Act.’’. tions prescribed by the Office of Personnel Man- ees of the Executive Office of the President, not SEC. 627. (a) DEFINITIONS.—In this section— agement), section 5504(b) shall be applied as fol- directly responsible for the discharge of official (1) the term ‘‘crime of violence’’ has the mean- lows in computing pay— governmental tasks and duties: Provided, That ing given that term in section 16 of title 18, ‘‘(A) the provisions of such section shall apply this restriction shall not apply to the family of United States Code; and to the hours within the basic 40-hour workweek; the President, Members of Congress or their (2) the term ‘‘law enforcement officer’’ means ‘‘(B) for hours outside the basic 40-hour work- spouses, Heads of State of a foreign country or any employee described in subparagraph (A), week, such section shall be deemed to require their designees, persons providing assistance to (B), or (C) of section 8401(17) of title 5, United that the hourly rate be derived by dividing the the President for official purposes, or other indi- States Code; and any special agent in the Diplo- annual rate by 2756; and viduals so designated by the President. matic Security Service of the Department of ‘‘(C) the computation of such firefighter’s SEC. 621. For purposes of each provision of State. daily, weekly, or biweekly rate shall be based on law amended by section 704(a)(2) of the Ethics (b) RULE OF CONSTRUCTION.—Notwithstand- subparagraphs (A) and (B), as each applies to Reform Act of 1989 (5 U.S.C. 5318 note), no ad- ing any other provision of law, for purposes of the hours involved. justment under section 5303 of title 5, United chapter 171 of title 28, United States Code, or ‘‘(2) For purposes of sections 5595(c), 5941, States Code, shall be considered to have taken any other provision of law relating to tort liabil- 8331(3), and 8704(c), and for such other purposes effect in fiscal year 1999 in the rates of basic pay ity, a law enforcement officer shall be construed as may be expressly provided for by law or as for the statutory pay systems. to be acting within the scope of his or her office the Office of Personnel Management may by SEC. 622. None of the funds appropriated in or employment, if the officer takes reasonable regulation prescribe, the basic pay of a fire- this or any other Act shall be used to acquire in- action, including the use of force, to— fighter subject to this subsection shall include— formation technologies which do not comply (1) protect an individual in the presence of the ‘‘(A) an amount computed under paragraph with part 39.106 (Year 2000 compliance) of the officer from a crime of violence; (1)(A) for the hours within the basic 40-hour Federal Acquisition Regulation, unless an agen- (2) provide immediate assistance to an individ- workweek; and cy’s Chief Information Officer determines that ual who has suffered or who is threatened with ‘‘(B) an amount equal to the firefighter’s basic noncompliance with part 39.106 is necessary to bodily harm; or hourly rate (as computed under paragraph the function and operation of the requesting (3) prevent the escape of any individual who (1)(B)) for all hours outside the basic 40-hour agency or the acquisition is required by a signed the officer reasonably believes to have commit- workweek that are within such firefighter’s reg- contract with the agency in effect before the ted in the presence of the officer a crime of vio- ular tour of duty (including overtime hours). date of enactment of this Act. Any waiver lence. ‘‘(d)(1) A firefighter who is subject to this sec- granted by the Chief Information Officer shall SEC. 628. FEDERAL FIREFIGHTERS OVERTIME tion shall receive overtime pay in accordance be reported to the Office of Management and PAY REFORM ACT OF 1998. (a) IN GENERAL.— with section 5542, but shall not receive premium Budget, and copies shall be provided to Con- Subchapter V of chapter 55 of title 5, United pay provided by other provisions of this sub- gress. States Code, is amended— chapter. SEC. 623. None of the funds made available in (1) in section 5542 by adding at the end the ‘‘(2) For the purpose of applying section 7(k) this Act for the United States Customs Service following new subsection: of the Fair Labor Standards Act of 1938 to a may be used to allow the importation into the ‘‘(f) In applying subsection (a) of this section firefighter who is subject to this section, no vio- United States of any good, ware, article, or mer- with respect to a firefighter who is subject to lation referred to in such section 7(k) shall be chandise mined, produced, or manufactured by section 5545b— deemed to have occurred if the requirements of forced or indentured child labor, as determined ‘‘(1) such subsection shall be deemed to apply section 5542(a) are met, applying section 5542(a) pursuant to section 307 of the Tariff Act of 1930 to hours of work officially ordered or approved as provided in subsection (f) of that section: (19 U.S.C. 1307). in excess of 106 hours in a biweekly pay period, Provided, That the overtime hourly rate of pay SEC. 624. Notwithstanding any other provision or, if the agency establishes a weekly basis for for such firefighter shall in all cases be an of law, no part of any funds provided by this overtime pay computation, in excess of 53 hours amount equal to one and one-half times the fire- Act or any other Act beginning in fiscal year in an administrative workweek; and fighter’s hourly rate of basic pay under sub- 1999 and thereafter shall be available for paying ‘‘(2) the overtime hourly rate of pay is an section (b)(1)(A) or (c)(1)(B) of this section, as Sunday premium pay to any employee unless amount equal to one and one-half times the applicable. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9225 ‘‘(3) The Office of Personnel Management ing the activities of the following departments (2) by striking ‘‘15 percent’’ and inserting ‘‘20 may prescribe regulations, with respect to fire- and agencies: percent’’. fighters subject to this section, that would per- (A) Department of the Treasury; (b) EFFECTIVE DATE.—The amendments made mit an agency to reduce or eliminate the vari- (B) Department of Justice; by this section shall take effect on October 1, ation in the amount of firefighters’ biweekly (C) United States Coast Guard; 1998, or the date of enactment of this Act, pay caused by work scheduling cycles that re- (D) Department of Defense; whichever is later. sult in varying hours in the regular tours of (E) Department of Transportation; SEC. 633. (a) INTERNATIONAL POSTAL AR- duty from pay period to pay period. Under such (F) Department of State; and RANGEMENTS.—Section 407 of title 39, United regulations, the pay that a firefighter would (G) Department of Interior. States Code, is amended to read as follows: (2) The purpose of the plan under paragraph otherwise receive for regular tours of duty over ‘‘§ 407. International Postal Arrangements. the work scheduling cycle shall, to the extent (1) is to maximize the effectiveness of the border control efforts in achieving the objectives of the ‘‘(a)(1) The Secretary of State shall have pri- practicable, remain unaffected.’’. mary responsibility for formulation, coordina- (b) TECHNICAL AND CONFORMING AMEND- national drug control strategy in a manner that is also consistent with the goal of facilitating tion and oversight of policy with respect to MENT.—The table of sections for chapter 55 of United States participation in the Universal title 5, United States Code, is amended by insert- trade. In order to maximize the effectiveness, the plan shall: Postal Union, including the Universal Postal ing after the item relating to section 5545a the Convention and other Acts of the Universal following: (A) specify the methods used to enhance co- operation, planning and accountability among Postal Union, amendments thereto, and all post- ‘‘5545b. Pay for firefighters.’’. the Federal, State, and local agencies with re- al treaties and conventions concluded within (c) TRAINING.—Section 4109 of title 5, United sponsibilities along the Southwest border; the framework of the Convention and such Acts. States Code, is amended by adding at the end (B) specify mechanisms to ensure cooperation ‘‘(2) Subject to subsection (d), the Secretary the following new subsection: among the agencies, including State and local may, with the consent of the President, nego- ‘‘(d) Notwithstanding subsection (a)(1), a fire- agencies, with responsibilities along the South- tiate and conclude treaties, conventions and fighter who is subject to section 5545b of this west border; amendments referred to in paragraph (1). title shall be paid basic pay and overtime pay (C) identify new technologies that will be used ‘‘(b)(1) Subject to subsections (a), (c), and (d), for the firefighter’s regular tour of duty while in protecting the borders including conclusions the Postal Service may, with the consent of the attending agency sanctioned training.’’. regarding appropriate deployment of tech- President, negotiate and conclude postal treaties (d) INCLUSION IN BASIC PAY FOR FEDERAL RE- nology; and conventions. TIREMENT.—Section 8331(3) of title 5, United (D) identify new initiatives for infrastructure ‘‘(2) The Postal Service may, with the consent States Code, is amended— improvements; of the President, establish rates of postage or (1) by striking ‘‘and’’ after subparagraph (D); (E) recommend reinforcements in terms of re- other charges on mail matter conveyed between (2) by redesignating subparagraph (E) as sub- sources, technology and personnel necessary to the United States and other countries. paragraph (G); ensure capacity to maintain appropriate inspec- ‘‘(3) The Postal Service shall transmit a copy (3) by inserting the following: tions; of each postal treaty or convention concluded ‘‘(E) with respect to a criminal investigator, (F) integrate findings of the White House In- with other governments under the authority of availability pay under section 5545a of this title; telligence Architecture Review into the plan; this subsection to the Secretary of State, who ‘‘(F) pay as provided in section 5545b (b)(2) and shall furnish a copy to the Public Printer for and (c)(2); and ’’; and (G) make recommendations for strengthening publication. (4) by striking ‘‘subparagraphs (B), (C), (D), the HIDTA program along the Southwest bor- ‘‘(c) The Postal Service shall not conclude any and (E)’’ and inserting ‘‘subparagraphs (B) der. treaty or convention under the authority of this through (G)’’. SEC. 630. (a) FLEXIPLACE WORK TELECOMMUT- section or any other arrangement related to the (e) EFFECTIVE DATE.—The amendments made ING PROGRAMS.—For fiscal year 1999 and each delivery of international postal services that is by this section shall take effect on the first day fiscal year thereafter, of the funds made avail- inconsistent with any policy developed pursuant of the first applicable pay period which begins able to each Executive agency for salaries and to subsection (a). on or after October 1, 1998. expenses, at a minimum $50,000 shall be avail- ‘‘(d) In carrying out their responsibilities (f) REGULATIONS.—Under regulations pre- able only for the necessary expenses of the Exec- under this section, the Secretary and the Postal scribed by the Office of Personnel Management, utive agency to carry out a flexiplace work tele- Service shall consult with such federal agencies a firefighter subject to section 5545b of title 5, commuting program. as the Secretary or the Postal Service considers United States Code, as added by this section, (b) DEFINITIONS.—For purposes of this section: appropriate, private providers of international whose regular tours of duty average 60 hours or (1) EXECUTIVE AGENCY.—The term ‘‘Executive postal services, users of international postal less per workweek and do not include a basic 40- agency’’ means the following list of departments services, the general public, and such other per- hour workweek, shall, upon implementation of and agencies: Department of State, Treasury, sons as the Secretary or the Postal Service con- this section, be granted an increase in basic pay Defense, Justice, Interior, Labor, Health and siders appropriate.’’. equal to 2 step-increases of the applicable Gen- Human Services, Agriculture, Commerce, Hous- (b) SENSE OF CONGRESS.—It is the sense of eral Schedule grade, and such increase shall not ing and Urban Development, Transportation, Congress that any treaty, convention or amend- be an equivalent increase in pay. If such in- Energy, Education, Veterans’ Affairs, General ment entered into under the authority of section crease results in a change to a longer waiting Services Administration, Office of Personnel 407 of title 39 of the United States Code, as period for the firefighter’s next step increase, Management, Small Business Administration, amended by this section, should not grant any the firefighter shall be credited with an addi- Social Security Administration, Environmental undue or unreasonable preference to the Postal tional year of service for the purpose of such Protection Agency, U.S. Postal Service. Service, a private provider of postal services, or waiting period. If such increase results in a rate (2) FLEXIPLACE WORK TELECOMMUTING PRO- any other person. of basic pay which is above the maximum rate of GRAM.—The term ‘‘flexiplace work telecommut- (c) TRADE-IN-SERVICE PROGRAMS.—The sec- the applicable grade, such resulting pay rate ing program’’ means a program under which em- ond sentence of paragraph (5) of section 306(a) shall be treated as a retained rate of basic pay ployees of an Executive agency are permitted to of the Trade and Tariff Act of 1984 (19 U.S.C. in accordance with section 5363 of title 5, United perform all or a portion of their duties at a 2114b(5)) is amended by inserting ‘‘postal and States Code. flexiplace work telecommuting center established delivery services,’’ after ‘‘transportation.’’. (g) NO REDUCTION IN REGULAR PAY.—Under under section 210(l) of the Federal Property and (d) TRANSFER OF FUNDS.—In fiscal year 1999 regulations prescribed by the Office of Personnel Administrative Services Act of 1949 (40 U.S.C. and each fiscal year hereafter, the Postal Serv- Management, the regular pay (over the estab- 490(l)) or other Federal law. ice shall allocate to the Department of State lished work scheduling cycle) of a firefighter SEC. 631. (a) MERITORIOUS EXECUTIVE.—Sec- from any funds available to the Postal Service subject to section 5545b of title 5, United States tion 4507(e)(1) of title 5, United States Code, is such sums as may be reasonable, documented Code, as added by this section, shall not be re- amended by striking ‘‘$10,000’’ and inserting and auditable for the Department of State to duced as a result of the implementation of this ‘‘an amount equal to 20 percent of annual basic carry out the activities of Section 407 of title 39 section. pay’’. of the United States Code. SEC. 629. (1) Not later than 180 days after the (b) DISTINGUISHED EXECUTIVE.—Section SEC. 634. Notwithstanding any provision of date of enactment of this Act, the Director of 4507(e)(2) of title 5, United States Code, is law, the President, or his designee, must certify the Office of National Drug Control Policy, the amended by striking ‘‘$20,000’’ and inserting to Congress, annually, that no person or per- Secretary of the Treasury, and the Attorney ‘‘an amount equal to 35 percent of annual basic sons with direct or indirect responsibility for ad- General shall conduct a joint review of Federal pay’’. ministering the Executive Office of the Presi- efforts and submit to the appropriate congres- (c) EFFECTIVE DATE.—The amendments made dent’s Drug-Free Workplace Plan are themselves sional committees, including the Committees on by this section shall take effect on October 1, subject to a program of individual random drug Appropriations, a plan to improve coordination 1998, or the date of enactment of this Act, testing. among the Federal agencies with responsibility whichever is later. SEC. 635. (a) None of the funds made available to protect the borders against drug trafficking. SEC. 632. (a) CAREER SES PERFORMANCE in this or any other Act may be obligated or ex- The review shall also include consideration of AWARDS.—Section 5384(b)(3) of title 5, United pended for any employee training that— Federal agencies’ coordination with State and States Code, is amended— (1) does not meet identified needs for knowl- local law enforcement agencies. The plan shall (1) by striking ‘‘3 percent’’ and inserting ‘‘10 edge, skills, and abilities bearing directly upon include an assessment and action plan, includ- percent’’; and the performance of official duties; H9226 CONGRESSIONAL RECORD — HOUSE October 1, 1998 (2) contains elements likely to induce high lev- (1) an estimate of the total annual costs and (3) shall not include the General Accounting els of emotional response or psychological stress benefits (including quantifiable and nonquan- Office. in some participants; tifiable effects) of Federal rules and paperwork, (b) Unless authorized in accordance with law (3) does not require prior employee notifica- to the extent feasible— or regulations to use such time for other pur- tion of the content and methods to be used in (A) in the aggregate; poses, an employee of an agency shall use offi- the training and written end of course evalua- (B) by agency and agency program; and cial time in an honest effort to perform official tion; (C) by major rule; duties. An employee not under a leave system, (4) contains any methods or content associ- (2) an analysis of impacts of Federal regula- including a Presidential appointee exempted ated with religious or quasi-religious belief sys- tion on State, local, and tribal government, under section 6301(2) of title 5, United States tems or ‘‘new age’’ belief systems as defined in small business, wages, and economic growth; Code, has an obligation to expend an honest ef- Equal Employment Opportunity Commission No- and fort and a reasonable proportion of such em- tice N–915.022, dated September 2, 1988; or (3) recommendations for reform. ployee’s time in the performance of official du- (5) is offensive to, or designed to change, par- (b) NOTICE.—The Director of the Office of ties. ticipants’ personal values or lifestyle outside the Management and Budget shall provide public SEC. 646. Notwithstanding any other provision workplace. notice and an opportunity to comment on the of law, the Secretary of the Treasury is author- (b) Nothing in this section shall prohibit, re- statement and report under subsection (a) before ized to, upon submission of proper documenta- strict, or otherwise preclude an agency from the statement and report are submitted to Con- tion (as determined by the Secretary), reimburse conducting training bearing directly upon the gress. importers of large capacity military magazine ri- performance of official duties. (c) GUIDELINES.—To implement this section, fles as defined in the Treasury Department’s SEC. 636. No funds appropriated in this or any the Director of the Office of Management and April 6, 1998 ‘‘Study on the Sporting Suitability other Act for fiscal year 1999 may be used to im- Budget shall issue guidelines to agencies to of Modified Semiautomatic Assault Rifles’’, for plement or enforce the agreements in Standard standardize— which authority had been granted to import Forms 312 and 4355 of the Government or any (1) measures of costs and benefits; and such firearms into the United States on or before other nondisclosure policy, form, or agreement if (2) the format of accounting statements. November 14, 1997, and released under bond to such policy, form, or agreement does not contain (d) PEER REVIEW.—The Director of the Office the importer by the U.S. Customs Service on or the following provisions: ‘‘These restrictions are of Management and Budget shall provide for before February 10, 1998: Provided, That the im- consistent with and do not supersede, conflict independent and external peer review of the porter abandons title to the firearms to the with, or otherwise alter the employee obliga- guidelines and each accounting statement and United States: Provided further, That reim- tions, rights, or liabilities created by Executive associated report under this section. Such peer bursements are submitted to the Secretary for Order No. 12958; section 7211 of title 5, United review shall not be subject to the Federal Advi- his approval within 120 days of enactment of States Code (governing disclosures to Congress); sory Committee Act (5 U.S.C. App.). this provision. In no event shall reimbursements section 1034 of title 10, United States Code, as SEC. 639. None of the funds appropriated by under this provision exceed the importers cost amended by the Military Whistleblower Protec- this Act or any other Act, may be used by an for the weapons, plus any shipping, transpor- tion Act (governing disclosure to Congress by agency to provide a Federal employee’s home tation, duty, and storage costs related to the im- members of the military); section 2302(b)(8) of address to any labor organization except when portation of such weapons. Money made avail- title 5, United States Code, as amended by the it is made known to the Federal official having able for expenditure under 31 U.S.C. section Whistleblower Protection Act (governing disclo- authority to obligate or expend such funds that 1304(a) in an amount not to exceed $1,000,000 sures of illegality, waste, fraud, abuse or public the employee has authorized such disclosure or shall be available for reimbursements under this health or safety threats); the Intelligence Identi- that such disclosure has been ordered by a court provision: Provided, That accepting the com- ties Protection Act of 1982 (50 U.S.C. 421 et seq.) of competent jurisdiction. pensation provided under this provision is final SEC. 640. The Secretary of the Treasury is au- (governing disclosures that could expose con- and conclusive and constitutes a complete re- thorized to establish scientific certification fidential Government agents); and the statutes lease of any and all claims, demands, rights, standards for explosives detection canines, and which protect against disclosure that may com- and causes of action whatsoever against the shall provide, on a reimbursable basis, for the promise the national security, including sections United States, its agencies, officers, or employ- certification of explosives detection canines em- 641, 793, 794, 798, and 952 of title 18, United ees arising from the denial by the Department of ployed by Federal agencies, or other agencies States Code, and section 4(b) of the Subversive the Treasury of the entry of such firearms into providing explosives detection services at air- Activities Act of 1950 (50 U.S.C. 783(b)). The the United States. Such compensation is not ports in the United States. definitions, requirements, obligations, rights, otherwise required by law and is not intended to SEC. 641. None of the funds made available in sanctions, and liabilities created by said Execu- create or recognize any legally enforceable right this Act or any other Act may be used to provide tive order and listed statutes are incorporated to any person. any non-public information such as mailing or into this agreement and are controlling.’’: Pro- SEC. 647. (a) The adjustment in rates of basic telephone lists to any person or any organiza- vided, That notwithstanding the preceding pay for the statutory pay systems that takes ef- tion outside of the Federal Government without paragraph, a nondisclosure policy form or fect in fiscal year 1999 under section 5303 and the approval of the Committees on Appropria- agreement that is to be executed by a person 5304 of title 5, United States Code, shall be an tions. connected with the conduct of an intelligence or increase of 3.6 percent. SEC. 642. No part of any appropriation con- (b) Funds used to carry out this section shall intelligence-related activity, other than an em- tained in this or any other Act shall be used for ployee or officer of the United States Govern- be paid from appropriations which are made to publicity or propaganda purposes within the each applicable department or agency for sala- ment, may contain provisions appropriate to the United States not heretofore authorized by the particular activity for which such document is ries and expenses for fiscal year 1999. Congress. SEC. 648. INTERNATIONAL MAIL REPORTING RE- to be used. Such form or agreement shall, at a SEC. 643. The Director of the United States QUIREMENT. (a) IN GENERAL.—Chapter 36 of title minimum, require that the person will not dis- Marshals Service is directed to conduct a quar- close any classified information received in the 39, United States Code, is amended by adding terly threat assessment on the Director of the after section 3662 the following: course of such activity unless specifically au- Office of National Drug Control Policy. thorized to do so by the United States Govern- SEC. 644. Section 636(c) of Public Law 104–208 ‘‘§ 3663. Annual report on international serv- ment. Such nondisclosure forms shall also make is amended as follows: ices it clear that they do not bar disclosures to Con- (1) In subparagraph (1) by inserting after ‘‘(a) Not later than July 1 of each year, the gress or to an authorized official of an executive ‘‘United States Code’’ the following: ‘‘any agen- Postal Rate Commission shall transmit to each agency or the Department of Justice that are es- cy or court in the Judicial Branch,’’; House of Congress a comprehensive report of the sential to reporting a substantial violation of (2) In subparagraph (2) by amending ‘‘pros- costs, revenues, and volumes accrued by the law. ecution, or detention’’ to read: ‘‘prosecution, de- Postal Service in connection with mail matter SEC. 637. No part of any funds appropriated tention, or supervision’’; and conveyed between the United States and other in this or any other Act shall be used by an (3) In subparagraph (3) by inserting after countries for the previous fiscal year. agency of the executive branch, other than for ‘‘title 5,’’ the following: ‘‘and, with regard to ‘‘(b) Not later than March 15 of each year, the normal and recognized executive-legislative rela- the Judicial Branch, mean a justice or judge of Postal Service shall provide to the Postal Rate tionships, for publicity or propaganda purposes, the United States as defined in 28 U.S.C. 451 in Commission such data as the Commission may and for the preparation, distribution or use of regular active service or retired from regular ac- require to prepare the report required under any kit, pamphlet, booklet, publication, radio, tive service, other judicial officers as authorized subsection (a) of this section. Data shall be pro- television or film presentation designed to sup- by the Judicial Conference of the United States, vided in sufficient detail to enable the Commis- port or defeat legislation pending before the and supervisors and managers within the Judi- sion to analyze the costs, revenues, and volumes Congress, except in presentation to the Congress cial Branch as authorized by the Judicial Con- for each international mail product or service, itself. ference of the United States,’’. under the methods determined appropriate by SEC. 638. (a) IN GENERAL.—For calendar year SEC. 645. (a) In this section the term ‘‘agen- the Commission for the analysis of rates for do- 2000, the Director of the Office of Management cy’’— mestic mail.’’. and Budget shall prepare and submit to Con- (1) means an Executive agency as defined (b) TECHNICAL AND CONFORMING AMEND- gress, with the budget submitted under section under section 105 of title 5, United States Code; MENT.—The table of sections for chapter 63 of 1105 of title 31, United States Code, an account- (2) includes a military department as defined title 39, United States Code, is amended by add- ing statement and associated report contain- under section 102 of such title, the Postal Serv- ing after the item relating to section 3662 the fol- ing— ice, and the Postal Rate Commission; and lowing: October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9227 ‘‘3663. Annual report on international serv- (2) the action strengthens or erodes the au- (3) Care Choices, ices.’’. thority and rights of parents in the education, (4) OSF Health Plans, Inc., and SEC. 649. EXTENSION OF SUNSET PROVISION. nurture, and supervision of their children; (5) Yellowstone Community Health Plan. Section 2(f)(2) of the Undetectable Firearms Act (3) the action helps the family perform its (c) Nothing in this section shall be construed of 1988 (18 U.S.C. 922 note) is amended by strik- functions, or substitutes governmental activity to require coverage of abortion or abortion relat- ing ‘‘(2)’’ and all that follows through ‘‘10 for the function; ed services. years’’ and inserting the following: (4) the action increases or decreases disposable TITLE VII—CHILD CARE IN FEDERAL ‘‘(2) SUNSET.—Effective 15 years’’. income or poverty of families and children; FACILITIES SEC. 650. IMPORTATION OF CERTAIN GRAINS. (5) the proposed benefits of the action justify SEC. 701. SHORT TITLE. This title may be cited (a) FINDINGS.—The Congress finds that— the financial impact on the family; (1) importation of grains into the United as ‘‘Quality Child Care for Federal Employees’’. (6) the action may be carried out by State or SEC. 702. PROVIDING QUALITY CHILD CARE IN States at less than the cost to produce those local government or by the family; and FEDERAL FACILITIES. (a) DEFINITION.—In this grains is causing injury to the United States (7) the action establishes an implicit or ex- section: producers of those grains; plicit policy concerning the relationship between (2) importation of grains into the United (1) ADMINISTRATOR.—The term ‘‘Adminis- the behavior and personal responsibility of trator’’ means the Administrator of General States at less than the fair value of those grains youth, and the norms of society. is causing injury to the United States producers Services. (d) GOVERNMENTWIDE FAMILY POLICY CO- (2) CHILD CARE ACCREDITATION ENTITY.—The of those grains; ORDINATION AND REVIEW.— (3) the Canadian Government and the Cana- term ‘‘child care accreditation entity’’ means a (1) CERTIFICATION AND RATIONALE.—With re- dian Wheat Board have refused to disclose pric- nonprofit private organization or public agency spect to each proposed policy or regulation that ing and cost information necessary to determine that— may affect family well-being, the head of each whether grains are being exported to the United (A) is recognized by a State agency or by a agency shall— States at prices in violation of United States national organization that serves as a peer re- (A) submit a written certification to the Direc- trade laws or agreements. view panel on the standards and procedures of tor of the Office of Management and Budget (b) REQUIREMENTS.— public and private child care or school accredit- (1) The Customs Service, consulting with the and to Congress that such policy or regulation ing bodies; and United States Trade Representative and the De- has been assessed in accordance with this sec- (B) accredits a facility to provide child care partment of Commerce, shall conduct a study of tion; and on the basis of— the efficiency and effectiveness of requiring that (B) provide an adequate rationale for imple- (i) an accreditation or credentialing instru- all spring wheat, durum or barley imported into mentation of each policy or regulation that may ment based on peer-validated research; the United States be imported into the United negatively affect family well-being. (ii) compliance with applicable State or local States through a single port of entry. (2) OFFICE OF MANAGEMENT AND BUDGET.— licensing requirements, as appropriate, for the (2) The Customs Service shall report to the The Director of the Office of Management and facility; Committees on Appropriations and the Senate Budget shall— (iii) outside monitoring of the facility; and Committee on Finance and the House Committee (A) ensure that policies and regulations pro- (iv) criteria that provide assurances of— on Ways and Means not later than ninety days posed by agencies are implemented consistent (I) use of developmentally appropriate health after the effective date of this Act on the results with this section; and and safety standards at the facility; (II) use of developmentally appropriate edu- of the study required by paragraph (1). (B) compile, index, and submit annually to SEC. 651. DESIGNATION OF EUGENE J. MCCAR- the Congress the written certifications received cational activities, as an integral part of the THY POST OFFICE BUILDING. (a) IN GENERAL.— pursuant to paragraph (1)(A). child care program carried out at the facility; The building of the United States Postal Service (3) OFFICE OF POLICY DEVELOPMENT.—The Of- and located at 180 East Kellogg Boulevard in Saint fice of Policy Development shall— (III) use of ongoing staff development or Paul, Minnesota, shall be known and des- (A) assess proposed policies and regulations in training activities for the staff of the facility, ignated as the ‘‘Eugene J. McCarthy Post Office accordance with this section; including related skills-based testing. NTITY SPONSORING A CHILD CARE FACIL- Building’’. (B) provide evaluations of policies and regula- (3) E (b) REFERENCES.—Any reference in a law, tions that may affect family well-being to the ITY.—The term ‘‘entity sponsoring a child care map, regulation, document, paper, or other Director of the Office of Management and facility’’ means a Federal agency that operates, record of the United States to the building re- Budget; and or an entity that enters into a contract or li- ferred to in subsection (a) shall be deemed to be (C) advise the President on policy and regu- censing agreement with a Federal agency to op- a reference to the ‘‘Eugene J. McCarthy Post latory actions that may be taken to strengthen erate, a child care facility primarily for the use Office Building’’. the institutions of marriage and family in the of Federal employees. SEC. 652. The Administrator of General Serv- United States. (4) EXECUTIVE AGENCY.—The term ‘‘Executive ices may provide, from government-wide credit (e) ASSESSMENTS UPON REQUEST BY MEMBERS agency’’ has the meaning given the term in sec- card rebates, up to $3,000,000 in support of the OF CONGRESS.—Upon request by a Member of tion 105 of title 5, United States Code, except Joint Financial Management Improvement Pro- Congress relating to a proposed policy or regula- that the term— gram as approved by the Chief Financial Offi- tion, an agency shall conduct an assessment in (A) does not include the Department of De- cer’s Council. accordance with subsection (c), and shall pro- fense and the Coast Guard; and (B) includes the General Services Administra- SEC. 653. Section 6302(g) of title 5, United vide a certification and rationale in accordance tion, with respect to the administration of a fa- States Code, is amended by inserting after with subsection (d). cility described in paragraph (5)(B). ‘‘chapter 35’’ the following: ‘‘or section 3595’’. (f) JUDICIAL REVIEW.—This section is not in- (5) EXECUTIVE FACILITY.—The term ‘‘executive SEC. 654. ASSESSMENT OF FEDERAL REGULA- tended to create any right or benefit, sub- facility’’— TIONS AND POLICIES ON FAMILIES. (a) PUR- stantive or procedural, enforceable at law by a POSES.—The purposes of this section are to— (A) means a facility that is owned or leased by party against the United States, its agencies, its an Executive agency; and (1) require agencies to assess the impact of officers, or any person. proposed agency actions on family well-being; (B) includes a facility that is owned or leased SEC. 655. None of the funds appropriated pur- by the General Services Administration on be- and suant to this Act or any other provision of law (2) improve the management of executive half of a judicial office. may be used for any system to implement section (6) FEDERAL AGENCY.—The term ‘‘Federal branch agencies. 922(t) of title 18, United States Code, unless the (b) DEFINITIONS.—In this section— agency’’ means an Executive agency or a legis- (1) the term ‘‘agency’’ has the meaning given system allows, in connection with a person’s de- lative office. the term ‘‘Executive agency’’ by section 105 of livery of a firearm to a Federal firearms licensee (7) JUDICIAL OFFICE.—The term ‘‘judicial of- title 5, United States Code, except such term as collateral for a loan, the background check to fice’’ means an entity of the judicial branch of does not include the General Accounting Office; be performed at the time the collateral is offered the Federal Government. and for delivery to such licensee: Provided, That the (8) LEGISLATIVE FACILITY.—The term ‘‘legisla- (2) the term ‘‘family’’ means— licensee notifies local law enforcement within 48 tive facility’’ means a facility that is owned or (A) a group of individuals related by blood, hours of the licensee receiving a denial on the leased by a legislative office. marriage, adoption, or other legal custody who person offering the collateral: Provided further, (9) LEGISLATIVE OFFICE.—The term ‘‘legisla- live together as a single household; and That the provisions of section 922(t) shall apply tive office’’ means an entity of the legislative (B) any individual who is not a member of at the time of the redemption of the firearm. branch of the Federal Government. such group, but who is related by blood, mar- SEC. 656. (a) None of the funds appropriated (10) STATE.—The term ‘‘State’’ has the mean- riage, or adoption to a member of such group, by this Act may be used to enter into or renew ing given the term in section 658P of the Child and over half of whose support in a calendar a contract which includes a provision providing Care and Development Block Grant Act (42 year is received from such group. prescription drug coverage, except where the U.S.C. 9858n). (c) FAMILY POLICYMAKING ASSESSMENT.—Be- contract also includes a provision for contracep- (b) EXECUTIVE BRANCH STANDARDS AND COM- fore implementing policies and regulations that tive coverage. PLIANCE.— may affect family well-being, each agency shall (b) Nothing in this section shall apply to a (1) STATE AND LOCAL LICENSING REQUIRE- assess such actions with respect to whether— contract with any of the following religious MENTS.— (1) the action strengthens or erodes the stabil- plans: (A) IN GENERAL.—Any entity sponsoring a ity or safety of the family and, particularly, the (1) SelectCare, child care facility in an executive facility marital commitment; (2) PersonalCaresHMO, shall— H9228 CONGRESSIONAL RECORD — HOUSE October 1, 1998 (i) comply with child care standards described ity and employees of the facility with a notifica- for whom an application has been submitted to in paragraph (2) that, at a minimum, include tion detailing the deficiencies described in sub- enroll at the facility, or an employee of the fa- applicable State or local licensing requirements, clauses (I) and (II) and actions that will be cility, shall provide to the individual— as appropriate, related to the provision of child taken to correct the deficiencies, and post a (A) copies of all notifications of deficiencies care in the State or locality involved; or copy of the notification in a conspicuous place that have been provided in the past with respect (ii) obtain the applicable State or local li- in the facility for 5 working days or until the to the facility under clause (i)(III) or (ii)(III), as censes, as appropriate, for the facility. deficiencies are corrected, whichever is later; applicable, of paragraph (4)(B); and (B) COMPLIANCE.—Not later than 6 months (IV) bring the child care facility and entity (B) a description of the actions that were after the date of enactment of this Act— into compliance with the requirements and cer- taken to correct the deficiencies. (i) the entity shall comply, or make substan- tify to the Administrator that the facility and (c) LEGISLATIVE BRANCH STANDARDS AND tial progress (as determined by the Adminis- entity are in compliance, based on an onsite COMPLIANCE.— trator) toward complying, with subparagraph evaluation of the facility conducted by an inde- (1) STATE AND LOCAL LICENSING REQUIRE- (A); and pendent entity with expertise in child care MENTS, HEALTH, SAFETY, AND FACILITY STAND- (ii) any contract or licensing agreement used health and safety; and ARDS, AND ACCREDITATION STANDARDS.— by an Executive agency for the provision of (V) in the event that deficiencies determined (A) IN GENERAL.—The Chief Administrative child care services in such child care facility by the Administrator to be life threatening or to Officer of the House of Representatives shall shall include a condition that the child care be present a risk of serious bodily harm cannot be issue regulations, approved by the Committee on provided by an entity that complies with the corrected within 2 business days after the date House Oversight of the House of Representa- standards described in subparagraph (A)(i) or of receipt of the notification, close the child care tives, governing the operation of the House of obtains the licenses described in subparagraph facility, or the affected portion of the facility, Representatives Child Care Center. The Librar- (A)(ii). until such deficiencies are corrected and notify ian of Congress shall issue regulations, ap- (2) HEALTH, SAFETY, AND FACILITY STAND- the Administrator of such closure; and proved by the appropriate House and Senate ARDS.—The Administrator shall by regulation (ii) if the entity operating the child care facil- committees with jurisdiction over the Library of establish standards relating to health, safety, ity is a contractor or licensee of the Executive Congress, governing the operation of the child facilities, facility design, and other aspects of agency— care center located at the Library of Congress. child care that the Administrator determines to (I) require the contractor or licensee, not later Subject to paragraph (3), the head of a des- be appropriate for child care in executive facili- than 2 business days after the date of receipt of ignated entity in the Senate shall issue regula- ties, and require child care services in executive the notification, to correct any deficiencies that tions, approved by the Committee on Rules and facilities to comply with the standards. Such are determined by the Administrator to be life Administration of the Senate, governing the op- standards shall include requirements that child threatening or to present a risk of serious bodily eration of the Senate Employees’ Child Care care facilities be inspected for, and be free of, harm; Center. lead hazards. (II) require the contractor or licensee to de- (B) STRINGENCY.—The regulations described (3) ACCREDITATION STANDARDS.— velop and provide to the head of the agency a in subparagraph (A) shall be no less stringent in (A) IN GENERAL.—The Administrator shall plan to correct any other deficiencies in the op- content and effect than the requirements of sub- issue regulations requiring, to the maximum ex- eration of the child care facility and bring the section (b)(1) and the regulations issued by the tent possible, any entity sponsoring an eligible facility and entity into compliance with the re- Administrator under paragraphs (2) and (3) of child care facility (as defined by the Adminis- quirements not later than 4 months after the subsection (b), except to the extent that appro- trator) in an executive facility to comply with date of receipt of the notification; priate administrative officers, with the approval standards of a child care accreditation entity. (III) require the contractor or licensee to pro- of the appropriate House or Senate committees (B) COMPLIANCE.—The regulations shall re- vide the parents of the children receiving child with oversight responsibility for the centers, quire that, not later than 5 years after the date care services at the child care facility and em- may jointly or independently determine, for of enactment of this Act— ployees of the facility with a notification detail- good cause shown and stated together with the (i) the entity shall comply, or make substan- ing the deficiencies described in subclauses (I) regulations, that a modification of such regula- tial progress (as determined by the Adminis- and (II) and actions that will be taken to cor- tions would be more effective for the implemen- trator) toward complying, with the standards; rect the deficiencies, and to post a copy of the tation of the requirements and standards de- and notification in a conspicuous place in the facil- scribed in paragraphs (1), (2), and (3) of sub- (ii) any contract or licensing agreement used ity for 5 working days or until the deficiencies section (b) for child care facilities, and entities by an Executive agency for the provision of are corrected, whichever is later; sponsoring child care facilities, in the cor- child care services in such child care facility (IV) require the contractor or licensee to bring responding legislative facilities. shall include a condition that the child care be the child care facility and entity into compli- (2) EVALUATION AND COMPLIANCE.— provided by an entity that complies with the ance with the requirements and certify to the (A) ADMINISTRATION.—Subject to paragraph standards. head of the agency that the facility and entity (3), the Chief Administrative Officer of the (4) EVALUATION AND COMPLIANCE.— are in compliance, based on an onsite evalua- House of Representatives, the head of the des- (A) IN GENERAL.—The Administrator shall tion of the facility conducted by an independent ignated Senate entity, and the Librarian of evaluate the compliance, with the requirements entity with expertise in child care health and Congress, shall have the same authorities and of paragraph (1) and the regulations issued pur- safety; and duties— suant to paragraphs (2) and (3), as appropriate, (V) in the event that deficiencies determined (i) with respect to the evaluation of, compli- of child care facilities, and entities sponsoring by the Administrator to be life threatening or to ance of, and cost reimbursement for child care child care facilities, in executive facilities. The present a risk of serious bodily harm cannot be facilities, and entities sponsoring child care fa- Administrator may conduct the evaluation of corrected within 2 business days after the date cilities, in the corresponding legislative facilities such a child care facility or entity directly, or of receipt of the notification, close the child care as the Administrator has under subsection (b)(4) through an agreement with another Federal facility, or the affected portion of the facility, with respect to the evaluation of, compliance of, agency or private entity, other than the Federal until such deficiencies are corrected and notify and cost reimbursement for such facilities and agency for which the child care facility is pro- the Administrator of such closure, which closure entities sponsoring such facilities, in executive viding services. If the Administrator determines, may be grounds for the immediate termination facilities; and on the basis of such an evaluation, that the or suspension of the contract or license of the (ii) with respect to issuing regulations requir- child care facility or entity is not in compliance contractor or licensee. ing the entities sponsoring child care facilities with the requirements, the Administrator shall (C) COST REIMBURSEMENT.—The Executive in the corresponding legislative facilities to pro- notify the Executive agency. agency shall reimburse the Administrator for the vide notifications of deficiencies and descrip- (B) EFFECT OF NONCOMPLIANCE.—On receipt costs of carrying out subparagraph (A) for child tions of corrective actions as the Administration of the notification of noncompliance issued by care facilities located in an executive facility has under subsection (b)(5) with respect to the Administrator, the head of the Executive other than an executive facility of the General issuing regulations requiring the entities spon- agency shall— Services Administration. If an entity is sponsor- soring child care facilities in executive facilities (i) if the entity operating the child care facil- ing a child care facility for 2 or more Executive to provide notifications of deficiencies and de- ity is the agency— agencies, the Administrator shall allocate the scriptions of corrective actions. (I) not later than 2 business days after the costs of providing such reimbursement with re- (B) ENFORCEMENT.—Subject to paragraph (3), date of receipt of the notification, correct any spect to the entity among the agencies in a fair the Committee on House Oversight of the House deficiencies that are determined by the Adminis- and equitable manner, based on the extent to of Representatives and the Committee on Rules trator to be life threatening or to present a risk which each agency is eligible to place children and Administration of the Senate, as appro- of serious bodily harm; in the facility. priate, shall have the same authorities and du- (II) develop and provide to the Administrator (5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR- ties with respect to the compliance of and cost a plan to correct any other deficiencies in the ENTS AND FACILITY EMPLOYEES.—The Adminis- reimbursement for child care facilities, and enti- operation of the facility and bring the facility trator shall issue regulations that require that ties sponsoring child care facilities, in the cor- and entity into compliance with the require- each entity sponsoring a child care facility in responding legislative facilities as the head of ments not later than 4 months after the date of an Executive facility, upon receipt by the child an Executive agency has under subsection (b)(4) receipt of the notification; care facility or the entity (as applicable) of a re- with respect to the compliance of and cost reim- (III) provide the parents of the children re- quest by any individual who is a parent of any bursement for such facilities and entities spon- ceiving child care services at the child care facil- child enrolled at the facility, a parent of a child soring such facilities, in executive facilities. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9229

(3) INTERIM STATUS.—Until such time as the ‘‘(2) such officer or agency determines that Administrator may enter into an agreement with Committee on Rules and Administration of the such space will be used to provide child care a non-Federal, licensed, and accredited child Senate establishes, or the head of the designated and related services to— care facility, or a planned child care facility Senate entity establishes, standards described in ‘‘(A) children of Federal employees or onsite that will become licensed and accredited, for the paragraphs (1), (2), and (3) of subsection (b) Federal contractors; or provision of child care services for children of governing the operation of the Senate Employ- ‘‘(B) dependent children who live with Fed- Federal employees. ees’ Child Care Center, such facility shall main- eral employees or onsite Federal contractors; ‘‘(B) Before entering into an agreement, the tain current accreditation status. and head of the Federal agency shall determine that (d) APPLICATION.—Notwithstanding any other ‘‘(3) such officer or agency determines that child care services to be provided through the provision of this section, if 8 or more child care such individual or entity will give priority for agreement are more cost effectively provided facilities are sponsored in facilities owned or available child care and related services in such through such arrangement than through estab- leased by an Executive agency, the Adminis- space to Federal employees and onsite Federal lishment of a Federal child care facility. trator shall delegate to the head of the agency contractors.’’; and the evaluation and compliance responsibilities (2) by adding at the end the following: ‘‘(C) The agency may provide any of the serv- assigned to the Administrator under subsection ‘‘(e)(1)(A) The Administrator of General Serv- ices described in subsection (b)(3) if, in exchange (b)(4)(A). ices shall confirm that at least 50 percent of ag- for such services, the facility reserves child care (e) TECHNICAL ASSISTANCE, STUDIES, AND RE- gregate enrollment in Federal child care centers spaces for children referred to in subsection VIEWS.—The Administrator may provide tech- governmentwide are children of Federal employ- (a)(2), as agreed to by the parties. The cost of nical assistance, and conduct and provide the ees or onsite Federal contractors, or dependent any such services provided by an agency to a results of studies and reviews, for Executive children who live with Federal employees or on- child care facility on behalf of another agency agencies, and entities sponsoring child care fa- site Federal contractors. shall be reimbursed by the receiving agency. cilities in executive facilities, on a reimbursable ‘‘(B) Each provider of child care services at an individual Federal child care center shall main- ‘‘(3) This subsection does not apply to residen- basis, in order to assist the entities in complying tial child care programs.’’. with this section. The Chief Administrative Offi- tain 50 percent of the enrollment at the center of cer of the House of Representatives, the Librar- children described under subparagraph (A) as a (d) PILOT PROJECTS.—Section 616 of such Act ian of Congress, and the head of the designated goal for enrollment at the center. (40 U.S.C. 490b) is further amended by adding at Senate entity described in subsection (c), may ‘‘(C) If enrollment at a center does not meet the end the following: the percentage goal under subparagraph (B), provide technical assistance, and conduct and ‘‘(f)(1) Upon approval of the agency head, an provide the results of studies and reviews, or re- the provider shall develop and implement a busi- ness plan with the sponsoring Federal agency to agency may conduct a pilot project not other- quest that the Administrator provide technical wise authorized by law for no more than 2 years assistance, and conduct and provide the results achieve the goal within a reasonable timeframe. Such plan shall be approved by the Adminis- to test innovative approaches to providing alter- of studies and reviews, for the corresponding native forms of quality child care assistance for legislative offices, and entities operating child trator of General Services based on— ‘‘(i) compliance of the plan with standards es- Federal employees. An agency head may extend care facilities in the corresponding legislative tablished by the Administrator; and a pilot project for an additional 2-year period. facilities, on a reimbursable basis, in order to as- ‘‘(ii) the effect of the plan on achieving the Before any pilot project may be implemented, a sist the entities in complying with this section. aggregate Federal enrollment percentage goal. determination shall be made by the agency head (f) COUNCIL.—The Administrator shall estab- ‘‘(2) The Administrator of General Services that initiating the pilot project would be more lish an interagency council, comprised of rep- Administration may enter into public-private cost-effective than establishing a new child care resentatives of all Executive agencies described partnerships or contracts with nongovernmental facility. Costs of any pilot project shall be borne in subsection (d), a representative of the Chief entities to increase the capacity, quality, afford- solely by the agency conducting the pilot Administrative Officer of the House of Rep- ability, or range of child care and related serv- project. resentatives, a representative of the designated ices and may, on a demonstration basis, waive Senate entity described in subsection (c), and a ‘‘(2) The Administrator of General Services subsection (a)(3) and paragraph (1) of this sub- shall serve as an information clearinghouse for representative of the Librarian of Congress, to section.’’. facilitate cooperation and sharing of best prac- pilot projects initiated by other agencies to dis- (b) PAYMENT OF COSTS OF TRAINING PRO- tices, and to develop and coordinate policy, re- seminate information concerning the pilot GRAMS.—Section 616(b)(3) of such Act (40 U.S.C. projects to the other agencies. garding the provision of child care, including 490(b)(3)) is amended to read as follows: the provision of areas for nursing mothers and ‘‘(3) If an agency has a child care facility in ‘‘(3) Within 6 months after completion of the other lactation support facilities and services, in its space, or is a sponsoring agency for a child initial 2-year pilot project period, an agency the Federal Government. care facility in other Federal or leased space, conducting a pilot project under this subsection (g) AUTHORIZATION OF APPROPRIATIONS.— the agency or the General Services Administra- shall provide for an evaluation of the impact of There is authorized to be appropriated to carry tion may pay accreditation fees, including re- the project on the delivery of child care services out this section $900,000 for fiscal year 1999 and newal fees, for that center to be accredited. Any to Federal employees, and shall submit the re- such sums as may be necessary for each subse- agency, department, or instrumentality of the sults of the evaluation to the Administrator of quent fiscal year. United States that provides or proposes to pro- General Services. The Administrator shall share SEC. 703. CHILD CARE SERVICES FOR FEDERAL vide child care services for children referred to the results with other Federal agencies.’’. EMPLOYEES. (a) IN GENERAL.—An Executive in subsection (a)(2), may reimburse any Federal (e) BACKGROUND CHECK.—Section 616 of such agency that provides or proposes to provide employee or any person employed to provide child care services for Federal employees may Act (40 U.S.C. 490b) is further amended by add- such services for the costs of training programs, ing at the end the following: use agency funds to provide the child care serv- conferences, and meetings and related travel, ices, in a facility that is owned or leased by an transportation, and subsistence expenses in- ‘‘(g) Each child care center located in a feder- Executive agency, or through a contractor, for curred in connection with those activities. Any ally owned or leased facility shall ensure that civilian employees of such agency. per diem allowance made under this section each employee of such center (including any em- (b) AFFORDABILITY.—Funds so used with re- shall not exceed the rate specified in regulations ployee whose employment began before the date spect to any such facility or contractor shall be prescribed under section 5707 of title 5, United of enactment of this subsection) shall undergo a applied to improve the affordability of child care States Code.’’. criminal history background check consistent for lower income Federal employees using or (c) PROVISION OF CHILD CARE BY PRIVATE EN- with section 3 of the National Child Protection seeking to use the child care services offered by TITIES.—Section 616(d) of such Act (40 U.S.C. Act of 1993 (42 U.S.C. 5119a).’’. such facility or contractor. 490b(d)) is amended to read as follows: SEC. 705. REQUIREMENT TO PROVIDE LACTA- (c) REGULATIONS.—The Office of Personnel ‘‘(d)(1) If a Federal agency has a child care TION SUPPORT IN NEW FEDERAL CHILD CARE FA- Management and the General Services Adminis- facility in its space, or is a sponsoring agency CILITIES. (a) DEFINITIONS.—In this section, the tration shall, within 180 days after the date of for a child care facility in other Federal or terms ‘‘Federal agency’’, ‘‘executive facility’’, enactment of this Act, issue regulations nec- leased space, the agency, the child care center and ‘‘legislative facility’’ have the meanings essary to carry out this section. board of directors, or the General Services Ad- given the terms in section 702. (d) DEFINITION.—For purposes of this section, ministration may enter into an agreement with the term ‘‘Executive agency’’ has the meaning 1 or more private entities under which such pri- (b) LACTATION SUPPORT.—The head of each given such term by section 105 of title 5, United vate entities would assist in defraying the gen- Federal agency shall require that each child States Code, but does not include the General eral operating expenses of the child care provid- care facility in an executive facility or a legisla- Accounting Office. ers including salaries and tuition assistance tive facility that is first operated after the 1- SEC. 704. MISCELLANEOUS PROVISIONS RELAT- programs at the facility. year period beginning on the date of enactment ING TO CHILD CARE PROVIDED BY FEDERAL ‘‘(2)(A) Notwithstanding any other provision of this Act by the Federal agency, or under a AGENCIES. (a) AVAILABILITY OF FEDERAL CHILD of law, if a Federal agency does not have a contract or licensing agreement with the Federal CARE CENTERS FOR ONSITE CONTRACTORS; PER- child care program, or if the Administrator of agency, shall provide reasonable accommoda- CENTAGE GOAL.—Section 616(a) of the Act of De- General Services has identified a need for child tions for the needs of breast-fed infants and cember 22, 1987 (40 U.S.C. 490b), is amended— care for Federal employees at an agency provid- their mothers, including providing a lactation (1) in subsection (a), by striking paragraphs ing child care services that do not meet the re- area or a room for nursing mothers in part of (2) and (3) and inserting the following: quirements of subsection (a), the agency or the the operating plan for the facility. H9230 CONGRESSIONAL RECORD — HOUSE October 1, 1998 TITLE VIII—TECHNICAL AND CLARIFYING (3) in subsection (c), by striking ‘‘the replace- under section 11233 of the Balanced Budget Act AMENDMENTS ment plan adoption date’’ and inserting ‘‘such of 1997, that provides services previously per- SEC. 801. TECHNICAL AND CLARIFYING AMEND- time as the Secretary notifies the District Gov- formed by the District government. MENTS RELATING TO DISTRICT OF COLUMBIA RE- ernment that the Secretary has directed the SEC. 803. METHODOLOGY FOR DESIGNATING AS- TIREMENT FUNDS. (a) PERMITTING OTHER FED- Trustee to carry out the duties and responsibil- SETS OF RETIREMENT FUND ERAL ENTITIES TO ADMINISTER PROGRAM.—Sec- ities required under the contract’’. Section 11033 of the Balanced Budget Act of tion 11003 of the Balanced Budget Act of 1997 (f) ANNUAL FEDERAL PAYMENT INTO FEDERAL 1997 (D.C. Code, sec. 1–764.3) is amended by (D.C. Code, sec. 1–761.2) is amended— SUPPLEMENTAL FUND.—Section 11053 of such adding at the end the following new subsection: (1) in paragraph (1), by inserting ‘‘, and in- Act (D.C. Code, sec. 1–766.3) is amended— ‘‘(e) METHODOLOGY FOR DESIGNATING AS- cludes any agreement with a department, agen- (1) by amending subsection (a) to read as fol- SETS.— cy, or instrumentality of the United States en- lows: ‘‘(1) IN GENERAL.—In carrying out subsection tered into under that section’’ after ‘‘the Trust- ‘‘(a) ANNUAL AMORTIZATION AMOUNT.—At the (b), the Secretary may develop and implement a ee’’; and end of each applicable fiscal year the Secretary methodology for designating assets after the re- (2) in paragraph (10), by striking ‘‘, partner- shall promptly pay into the Federal Supple- placement plan adoption date that takes into ship, joint venture, corporation, mutual com- mental Fund from the General Fund of the account the value of the District Retirement pany, joint-stock company, trust, estate, unin- Treasury an amount equal to the annual amor- Fund as of the replacement plan adoption date corporated organization, association, or em- tization amount for the year (which may not be and the proportion of such value represented by ployee organization’’ and inserting ‘‘; partner- less than zero).’’; $1.275 billion, together with the income (includ- ship; joint venture; corporation; mutual com- (2) in subsection (b), by striking ‘‘freeze date’’ ing returns on investments) earned on the assets pany; joint-stock company; trust; estate; unin- and inserting ‘‘effective date of this Act’’; of and withdrawals from and deposits to the (3) by redesignating subsections (b) and (c) as corporated organization; association; employee Fund during the period between such date and subsections (c) and (d); and organization; or department, agency, or instru- the date on which the Secretary designates as- (4) by inserting after subsection (a) the follow- mentality of the United States’’ . sets under subsection (b). In implementing a ing new subsection: (b) PERMITTING WAIVER OF RECOVERY OF methodology under the previous sentence, the ‘‘(b) ADMINISTRATIVE EXPENSES.—During each AMOUNTS PAID IN ERROR.—Section 11021(3) of Secretary shall not be required to determine the applicable fiscal year, the Secretary shall pay such Act (D.C. Code, sec. 1–763.1(3)) is amended value of designated assets as of the replacement into the Federal Supplemental Fund from the by inserting ‘‘, or waive recoupment or recovery plan adoption date. Nothing in this paragraph General Fund of the Treasury amounts not to of,’’ after ‘‘recover’’. may be deemed to effect the entitlement of the exceed the covered administrative expenses for (c) PERMITTING USE OF TRUST FUND TO COVER District Retirement Fund to income (including the year.’’. ADMINISTRATIVE EXPENSES.—Section 11032 of returns on investments) earned after the re- (g) TECHNICAL CORRECTIONS.—(1) Section such Act (D.C. Code, sec. 1–764.2) is amended— placement plan adoption date on assets des- 11012(c) of such Act (D.C. Code, sec. 1–752.2(c)) (1) by amending subsection (a) to read as fol- ignated for retention by the Fund. is amended by striking ‘‘District of Columbia lows: ‘‘(2) EMPLOYEE CONTRIBUTIONS; JUDICIAL RE- Retirement Board’’ and inserting ‘‘District Gov- ‘‘(a) IN GENERAL.—Amounts in the Trust TIREMENT AND SURVIVORS ANNUITY FUND.—The ernment’’. Secretary may develop and implement a meth- Fund shall be used— (2) Section 11033(c)(1) of such Act (D.C. Code, odology comparable to the methodology de- ‘‘(1) to make Federal benefit payments under sec. 1–764.3(c)(1)) is amended by striking ‘‘con- scribed in paragraph (1) in carrying out the re- this subtitle; sisting’’ in the first place that it appears. quirements of subsection (c) and in designating ‘‘(2) subject to subsection (b)(1), to cover the (3) Section 11052 of such Act (D.C. Code, sec. assets to be transferred to the District of Colum- reasonable and necessary expenses of admin- 1–766.2) is amended by inserting ‘‘to’’ after bia Judicial Retirement and Survivors Annuity istering the Trust Fund under the contract en- ‘‘may be made only’’. tered into pursuant to section 11035(b); Fund pursuant to section 124(c)(1) of the Dis- SEC. 802. CLARIFYING TREATMENT OF DISTRICT trict of Columbia Retirement Reform Act (as ‘‘(3) to cover the reasonable and necessary ad- OF COLUMBIA EMPLOYEES TRANS- ministrative expenses incurred by the Secretary FERRED TO FEDERAL RETIREMENT amended by section 11252). in carrying out the Secretary’s responsibilities SYSTEMS. ‘‘(3) DISCRETION OF THE SECRETARY.—The Sec- under this subtitle; and (a) ELIGIBILITY OF NONJUDICIAL EMPLOYEES retary’s development and implementation of ‘‘(4) for such other purposes as are specified OF DISTRICT OF COLUMBIA COURTS FOR MEDI- methodologies for designating assets under this in this subtitle.’’; and CARE AND SOCIAL SECURITY BENEFITS.—Section subsection shall be final and binding.’’. (2) in subsection (b)(2), by inserting ‘‘(includ- 11246(b) of the Balanced Budget Act of 1997 SEC. 804. TECHNICAL AND CLARIFYING AMEND- ing expenses described in section 11041(b))’’ after (Public Law 105–33; 111 Stat. 755) is amended— MENTS RELATING TO JUDICIAL RE- ‘‘to administer the Trust Fund’’. (1) by redesignating paragraphs (2) and (3) as TIREMENT PROGRAM. (d) PROMOTING FLEXIBILITY IN ADMINISTRA- paragraphs (3) and (4); and (a) ADMINISTRATION OF JUDICIAL RETIREMENT TION OF PROGRAM.—Section 11035 of such Act (2) by inserting after paragraph (1) the follow- AND SURVIVORS ANNUITY FUND.—Section 11– (D.C. Code, sec. 1–764.5) is amended— ing new paragraph: 1570, District of Columbia Code, as amended by (1) by redesignating subsection (c) as sub- ‘‘(2) CONFORMING AMENDMENTS TO INTERNAL section 11251 of the Balanced Budget Act of section (e); and REVENUE CODE AND SOCIAL SECURITY.—(A) Sec- 1997, is amended as follows: (2) by inserting after subsection (b) the follow- tion 3121(b)(7)(C) of the Internal Revenue Code (1) In subsection (b)(1)— ing new subsections: of 1986 (relating to the definition of employment (A) by striking ‘‘title I of the National Capital ‘‘(c) SUBCONTRACTS.—Notwithstanding any for service performed in the employ of the Dis- Revitalization and Self-Government Improve- provision of a District Retirement Program or trict of Columbia) is amended by inserting ment Act of 1997’’ and inserting ‘‘subtitle A of any other law, rule, or regulation, the Trustee ‘(other than the Federal Employees Retirement title XI of the Balanced Budget Act of 1997’’; may, with the approval of the Secretary, enter System provided in chapter 84 of title 5, United and into one or more subcontracts with the District States Code)’ after ‘law of the United States’. (B) by inserting after the second sentence the Government or any person to provide services to ‘‘(B) Section 210(a)(7)(D) of the Social Secu- following new sentences: ‘‘Notwithstanding any the Trustee in connection with its performance rity Act (42 U.S.C. 410(a)(7)(D)) (relating to the other provision of District law or any other law, of the contract. The Trustee shall monitor the definition of employment for service performed rule, or regulation, any Trustee, contractor, or performance of any such subcontract and en- in the employ of the District of Columbia), is enrolled actuary selected by the Secretary under force its provisions. amended by inserting ‘(other than the Federal this subsection may, with the approval of the ‘‘(d) DETERMINATION BY THE SECRETARY.— Employees Retirement System provided in chap- Secretary, enter into one or more subcontracts Notwithstanding subsection (b) or any other ter 84 of title 5, United States Code)’ after ‘law with the District of Columbia government or any provision of this subtitle, the Secretary may de- of the United States.’’. person to provide services to such Trustee, con- termine, with respect to any function otherwise (b) VESTING UNDER PREVIOUS DISTRICT OF CO- tractor, or enrolled actuary in connection with to be performed by the Trustee, that in the in- LUMBIA RETIREMENT PROGRAM.—For purposes its performance of its agreement with the Sec- terest of economy and efficiency such function of vesting pursuant to section 2610(b) of the Dis- retary. Such Trustee, contractor, or enrolled ac- shall be performed by the Secretary rather than trict of Columbia Government Comprehensive tuary shall monitor the performance of any sub- the Trustee.’’. Merit Personnel Act of 1978 (D.C. Code, sec. 1– contract to which it is a party and enforce its (e) PROCESS FOR REIMBURSEMENT OF DISTRICT 627.10(b)), creditable service with the District for provisions.’’. GOVERNMENT FOR EXPENSES OF INTERIM ADMIN- employees whose participation in the District (2) In subsection (b)(2)— ISTRATION.—Section 11041 of such Act (D.C. Defined Contribution Plan ceases as a result of (A) by striking ‘‘chief judges of the District of Code, sec. 1–765.1) is amended— the implementation of the Balanced Budget Act Columbia Court of Appeals and Superior Court (1) in subsection (b), by striking ‘‘The Trustee of 1997 shall include— of the District of Columbia’’ and inserting ‘‘Sec- shall’’ and inserting ‘‘The Secretary or the (1) continuous service performed by non- retary’’; Trustee shall, at such times during or after the judicial employees of the District of Columbia (B) by striking ‘‘and the Secretary’’; period of interim administration described in courts after September 30, 1997; and (C) by striking ‘‘and appropriations’’; and subsection (a) as are deemed appropriate by the (2) service performed for a successor employer, (D) by striking ‘‘and deficiency’’. Secretary or the Trustee’’; including the Department of Justice or the Dis- (3) By amending subsection (c) to read as fol- (2) in subsection (b)(1), by inserting ‘‘the Sec- trict of Columbia Offender Supervision, De- lows: retary or’’ after ‘‘if’’; and fender, and Courts Services Agency established ‘‘(c)(1) Amounts in the Fund are available— October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9231

‘‘(A) for the payment of judges retirement ‘‘(b) REGULATIONS; EFFECT ON REFORM ACT.— under section 124 of the District of Columbia Re- pay, annuities, refunds, and allowances under Title 11, District of Columbia Code, is amended tirement Reform Act; this subchapter; by adding the following new section: ‘‘(D) any reference to Federal benefit pay- ‘‘(B) to cover the reasonable and necessary ex- ‘§ 11–1572. Regulations; effect on Reform Act. ments shall be deemed to include judges retire- penses of administering the Fund under any ment pay, annuities, refunds and allowances ‘(a) The Secretary is authorized to issue regu- agreement entered into with a Trustee, contrac- under subchapter III of chapter 15 of title 11, lations to implement, interpret, administer and tor, or enrolled actuary under subsection (b)(1), District of Columbia Code; carry out the purposes of this subchapter, and, including any agreement with a department, ‘‘(E) any reference to the Trust Fund shall in- in the Secretary’s discretion, those regulations agency or instrumentality of the United States; stead refer to the District of Columbia Judicial may have retroactive effect, except that nothing and Retirement and Survivors Annuity Fund estab- in this subsection may be construed to permit ‘‘(C) to cover the reasonable and necessary lished under section 11–1570, District of Colum- the Secretary to issue any regulation to retro- administrative expenses incurred by the Sec- bia Code; actively reduce or eliminate the benefits to retary in carrying out the Secretary’s respon- ‘‘(F) any reference to section 11033 shall in- which any individual is entitled under this sub- sibilities under this subchapter. stead refer to section 124 of the District of Co- ‘‘(2) Notwithstanding any other provision of chapter. lumbia Retirement Reform Act, as amended by District law or any other law, rule, or regula- ‘(b) This subchapter supersedes any provision section 11252; and tion— of the District of Columbia Retirement Reform ‘‘(G) any reference to chapter 2 shall instead ‘‘(A) the Secretary may review benefit deter- Act (Public Law 96-122) inconsistent with this refer to section 11–1570, District of Columbia minations under this subchapter made prior to subchapter and the regulations thereunder.’.’’; Code. the date of the enactment of the Balanced and ‘‘(2) In applying section 11023— Budget Act of 1997, and shall make initial bene- (3) by amending subsection (c) (as so redesig- ‘‘(A) any reference to the contract shall in- fit determinations after such date; and nated) to read as follows: stead refer to the agreement referred to in sec- ‘‘(B) the Secretary may recoup or recover, or ‘‘(c) CLERICAL AMENDMENTS.— tion 11–1570(b), District of Columbia Code ; and waive recoupment or recovery of, any amounts ‘‘(1) The table of sections for subchapter III of ‘‘(B) any reference to the Trustee shall in- paid under this subchapter as a result of errors chapter 15 of title 11, District of Columbia Code, stead refer to the Trustee or contractor referred or omissions by any person.’’. is amended by amending the item relating to sec- to in section 11–1570(b), District of Columbia (4) In subsection (d)(1)— tion 11-1570 to read as follows: Code. (A) by striking ‘‘Subject to the availability of ‘11-1570. The District of Columbia Judicial Re- ‘‘(3) In applying section 11033(d)— ‘‘(A) any reference to this section shall in- appropriations, there shall be deposited into the tirement and Survivors Annuity stead refer to section 124 of the District of Co- Fund’’ and inserting ‘‘The Secretary shall pay Fund.’. lumbia Retirement Reform Act, as amended by into the Fund from the General Fund of the ‘‘(2) The table of sections for subchapter III of section 11252; and Treasury’’; and chapter 15 of title 11, District of Columbia Code, ‘‘(B) any reference to the Trustee shall in- (B) by striking ‘‘(beginning with the first fis- is amended by adding at the end the following stead refer to the Secretary or the Trustee or cal year which ends more than 6 months after new item: contractor referred to in section 11–1570(b), Dis- the replacement plan adoption date described in ‘11-1572. Regulations; effect on Reform Act.’.’’. trict of Columbia Code. section 103(13) of the National Capital Revital- ‘‘(4) In applying section 11041(b), any ref- ization and Self-Government Improvement Act (c) TERMINATION OF PREVIOUS FUND AND PRO- GRAM.—Section 124 of the District of Columbia erence to the Trustee shall instead refer to the of 1997)’’. Trustee or contractor referred to in section 11– (5) In subsection (d)(2)(A)— Retirement Reform Act (D.C. Code, sec. 1–714), as amended by section 11252(a) of the Balanced 1570(b), District of Columbia Code.’’; and (A) by striking ‘‘June 30, 1997’’ and inserting (3) by adding at the end the following new ‘‘September 30, 1997’’; and Budget Act of 1997, is amended— (1) in subsection (a), by inserting ‘‘(except as subsection: (B) by striking ‘‘net the sum of future normal FFECTIVE DATE.—The provisions of sub- provided in section 11-1570, District of Columbia ‘‘(d) E cost’’ and inserting ‘‘net of the sum of the section (c) shall take effect on the date on Code)’’ after ‘‘the following’’; present value of future normal costs’’. which the assets of the District of Columbia (6) In subsection (d)(3), by striking ‘‘shall be (2) in subsection (c)(1), by striking ‘‘title I of the National Capital Revitalization and Self- Judges Retirement Fund are transferred to the taken from sums available for that fiscal year District of Columbia Judicial Retirement and for the payment of the expenses of the Court, Government Improvement Act of 1997’’ and in- serting ‘‘subtitle A of title XI of the Balanced Survivors Annuity Fund.’’. and’’. (e) MISCELLANEOUS TECHNICAL AND CLERICAL Budget Act of 1997’’; and (7) By adding at the end the following new AMENDMENTS.—(1) Sections 11–1568(d) and 11– (3) in subsection (c)(2)— subsections: 1569, District of Columbia Code, are each (A) by striking ‘‘(2) The’’ and inserting ‘‘(2) ‘‘(h) For purposes of the Internal Revenue amended by striking ‘‘Mayor’’ each place it ap- In accordance with the direction of the Sec- Code of 1986— pears and inserting ‘‘Secretary of the Treas- retary, the’’; ‘‘(1) the Fund shall be treated as a trust de- ury’’. (B) by striking ‘‘in the Treasury’’ and insert- scribed in section 401(a) of the Code that is ex- (2) Section 11–1568.2, District of Columbia ing ‘‘at the Board’’; and empt from taxation under section 501(a) of the Code, is amended by striking ‘‘Mayor of the Dis- (C) by striking ‘‘appropriated’’ and inserting Code; trict of Columbia’’ each place it appears and in- ‘‘used’’. ‘‘(2) any transfer to or distribution from the serting ‘‘Secretary of the Treasury’’. Fund shall be treated in the same manner as a (d) ADMINISTRATION OF RETIREMENT FUNDS.— (3) Section 121(b)(1)(A) of the District of Co- transfer to or distribution from a trust described Section 11252 of the Balanced Budget Act of 1997 lumbia Retirement Reform Act (DC Code, sec. 1– in section 401(a) of the Code; and is amended— 711(b)(1)(A)), as amended by section 11252(c)(1) ‘‘(3) the benefits provided by the Fund shall (1) by redesignating subsection (b) as sub- of the Balanced Budget Act of 1997 (as redesig- be treated as benefits provided under a govern- section (c); nated by subsection (d)(1)), is amended in the (2) by inserting after subsection (a) the follow- mental plan maintained by the District of Co- matter preceding clause (i), by striking ‘‘11’’ and ing new subsection: lumbia. inserting ‘‘12’’. ‘‘(i) For purposes of the Employee Retirement ‘‘(b) TRANSITION FROM DISTRICT OF COLUMBIA (4) Section 11–1561(4), District of Columbia Income Security Act of 1974, the benefits pro- ADMINISTRATION.—Sections 11023, 11032(b)(2), Code, as amended by section 11253(b) of the Bal- vided by the Fund shall be treated as benefits 11033(d), and 11041 shall apply to the adminis- anced Budget Act of 1997, is amended by strik- provided under a governmental plan maintained tration of the District of Columbia Judges Re- ing ‘‘sections’’ and inserting ‘‘section’’. by the District of Columbia. tirement Fund established under section 124 of (5) Section 11253(c) of the Balanced Budget ‘‘(j) To the extent that any provision of sub- the District of Columbia Retirement Reform Act Act of 1997 (Public Law 105–33; 111 Stat. 759) is part A of part I of subchapter D of the chapter (D.C. Code, sec. 1–714), the District of Columbia amended to read as follows: 1 of the Internal Revenue Code of 1986 (26 Judicial Retirement and Survivors Annuity ‘‘(c) TREATMENT OF FEDERAL SERVICE OF U.S.C. 401 et seq.) is amended after the date of Fund established under section 11–1570, District JUDGES.—Section 11–1564, District of Columbia the enactment of this subsection, such provision of Columbia Code, and the retirement program Code, is amended— as amended shall apply to the Fund only to the for judges under subchapter III of chapter 15 of ‘‘(1) in subsection (d)(2)(A), by striking ‘sec- extent the Secretary determines that application title 11, District of Columbia Code, except as fol- tion 1–1814)’ and inserting ‘section 1–714) or the of the provision as amended is consistent with lows: District of Columbia Judicial Retirement and the administration of this subchapter. ‘‘(1) In applying each such section— Survivors Annuity Fund (established by section ‘‘(k) Federal obligations for benefits under ‘‘(A) any reference to this subtitle shall in- 11–1570)’; and this subchapter are backed by the full faith and stead refer to subchapter III of chapter 15 of ‘‘(2) in subsection (d)(4), by striking ‘Judges credit of the United States.’’. title 11, District of Columbia Code; Retirement Fund established by section 124(a) of (b) REGULATORY AUTHORITY OF SECRETARY.— ‘‘(B) any reference to the District Retirement the District of Columbia Retirement Reform Act’ Section 11251 of the Balanced Budget Act of 1997 Program shall be deemed to include the retire- and inserting ‘Judicial Retirement and Sur- (Public Law 105–33; 111 Stat. 756) is amended— ment program for judges under subchapter III of vivors Annuity Fund under section 11–1570’.’’. (1) by redesignating subsection (b) as sub- chapter 15 of title 11, District of Columbia Code; (6) Section 11253 of the Balanced Budget Act section (c); ‘‘(C) any reference to the District Retirement of 1997 (Public Law 105–33; 111 Stat. 759) is (2) by inserting after subsection (a) the follow- Fund shall be deemed to include the District of amended by adding at the end the following ing new subsection: Columbia Judges Retirement Fund established new subsection: H9232 CONGRESSIONAL RECORD — HOUSE October 1, 1998

‘‘(d) REDEPOSITS TO FUND.—Section 11– any period or periods amounting in the aggre- (h) APPLICATION OF IMMIGRATION AND NA- 1568.1(4)(A), District of Columbia Code, is gate to not more than 180 days. TIONALITY ACT PROVISIONS.—Except as other- amended by striking ‘Judges Retirement Fund’ (c) STAY OF REMOVAL.— wise specifically provided in this title, the defi- and inserting ‘Judicial Retirement and Sur- (1) IN GENERAL.—The Attorney General shall nitions contained in the Immigration and Na- vivors Annuity Fund’.’’. provide by regulation for an alien who is subject tionality Act shall apply in the administration (f) EFFECTIVE DATE.—The amendments made to a final order of deportation or removal or ex- of this section. Nothing contained in this title by subsections (a)(2), (a)(4), and (a)(6) shall clusion to seek a stay of such order based on the shall be held to repeal, amend, alter, modify, ef- take effect October 1, 1998. filing of an application under subsection (a). fect, or restrict the powers, duties, functions, or (2) DURING CERTAIN PROCEEDINGS.—Notwith- SEC. 805. EFFECTIVE DATE. authority of the Attorney General in the admin- standing any provision of the Immigration and Except as otherwise specifically pro- istration and enforcement of such Act or any Nationality Act, the Attorney General shall not other law relating to immigration, nationality, vided, this title and the amendments made order any alien to be removed from the United by this title shall take effect as if included or naturalization. The fact that an alien may be States, if the alien is in exclusion, deportation, eligible to be granted the status of having been in the enactment of title XI of the Bal- or removal proceedings under any provision of lawfully admitted for permanent residence such Act and has applied for adjustment of sta- anced Budget Act of 1997. under this section shall not preclude the alien tus under subsection (a), except where the At- TITLE IX—HAITIAN REFUGEE from seeking such status under any other provi- torney General has made a final determination IMMIGRATION FAIRNESS ACT OF 1998 sion of law for which the alien may be eligible. to deny the application. (i) ADJUSTMENT OF STATUS HAS NO EFFECT ON SEC. 901. SHORT TITLE. This title may be cited (3) WORK AUTHORIZATION.—The Attorney as the ‘‘Haitian Refugee Immigration Fairness General may authorize an alien who has ap- ELIGIBILITY FOR WELFARE AND PUBLIC BENE- Act of 1998’’. plied for adjustment of status under subsection FITS.—No alien whose status has been adjusted SEC. 902. ADJUSTMENT OF STATUS OF CERTAIN (a) to engage in employment in the United in accordance with this section and who was HAITIAN NATIONALS. (a) ADJUSTMENT OF STA- States during the pendency of such application not a qualified alien on the date of enactment of TUS.— and may provide the alien with an ‘‘employment this Act may, solely on the basis of such ad- (1) IN GENERAL.—The status of any alien de- authorized’’ endorsement or other appropriate justed status, be considered to be a qualified scribed in subsection (b) shall be adjusted by the document signifying authorization of employ- alien under section 431(b) of the Personal Re- Attorney General to that of an alien lawfully ment, except that if such application is pending sponsibility and Work Opportunity Reconcili- admitted for permanent residence, if the alien— for a period exceeding 180 days, and has not ation Act of 1996 (8 U.S.C. 1641(b)), as amended (A) applies for such adjustment before April 1, been denied, the Attorney General shall author- by section 5302 of the Balanced Budget Act of 2000; and ize such employment. 1997 (Public Law 105–33; 111 Stat. 598), for pur- (B) is otherwise admissible to the United (d) ADJUSTMENT OF STATUS FOR SPOUSES AND poses of determining the alien’s eligibility for States for permanent residence, except that, in CHILDREN.— supplemental security income benefits under determining such admissibility, the grounds for (1) IN GENERAL.—The status of an alien shall title XVI of the Social Security Act (42 U.S.C. inadmissibility specified in paragraphs (4), (5), be adjusted by the Attorney General to that of 1381 et seq.) or medical assistance under title (6)(A), (7)(A), and (9)(B) of section 212(a) of the an alien lawfully admitted for permanent resi- XIX of such Act (42 U.S.C. 1396 et seq.). Immigration and Nationality Act shall not dence, if— (j) PERIOD OF APPLICABILITY.—Subsection (i) apply. (A) the alien is a national of Haiti; shall not apply after October 1, 2003. (2) RELATIONSHIP OF APPLICATION TO CERTAIN (B) the alien is the spouse, child, or unmar- SEC. 903. COLLECTION OF DATA ON DETAINED ORDERS.—An alien present in the United States ried son or daughter, of an alien whose status is ASYLUM SEEKERS. (a) IN GENERAL.—The Attor- who has been ordered excluded, deported, re- adjusted to that of an alien lawfully admitted ney General shall regularly collect data on a moved, or ordered to depart voluntarily from the for permanent residence under subsection (a), nation-wide basis with respect to asylum seekers United States under any provision of the Immi- except that, in the case of such an unmarried in detention in the United States, including the gration and Nationality Act may, notwithstand- son or daughter, the son or daughter shall be re- following information: ing such order, apply for adjustment of status quired to establish that he or she has been phys- (1) The number of detainees. under paragraph (1). Such an alien may not be ically present in the United States for a contin- (2) An identification of the countries of origin required, as a condition on submitting or grant- uous period beginning not later than December of the detainees. ing such application, to file a separate motion to 31, 1995, and ending not earlier than the date (3) The percentage of each gender within the reopen, reconsider, or vacate such order. If the the application for such adjustment is filed; total number of detainees. Attorney General grants the application, the At- (C) the alien applies for such adjustment and (4) The number of detainees listed by each torney General shall cancel the order. If the At- is physically present in the United States on the year of age of the detainees. torney General makes a final decision to deny date the application is filed; and (5) The location of each detainee by detention the application, the order shall be effective and (D) the alien is otherwise admissible to the facility. enforceable to the same extent as if the applica- United States for permanent residence, except (6) With respect to each facility where detain- tion had not been made. that, in determining such admissibility, the ees are held, whether the facility is also used to grounds for inadmissibility specified in para- (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA- detain criminals and whether any of the detain- graphs (4), (5), (6)(A), (7)(A), and (9)(B) of sec- TUS.—The benefits provided by subsection (a) ees are held in the same cells as criminals. shall apply to any alien who is a national of tion 212(a) of the Immigration and Nationality (7) The number and frequency of the transfers Haiti who— Act shall not apply. of detainees between detention facilities. (2) PROOF OF CONTINUOUS PRESENCE.—For (1) was present in the United States on De- (8) The average length of detention and the purposes of establishing the period of continu- cember 31, 1995, who— number of detainees by category of the length of ous physical presence referred to in paragraph (A) filed for asylum before December 31, 1995, detention. (1)(B), an alien shall not be considered to have (B) was paroled into the United States prior to (9) The rate of release from detention of de- failed to maintain continuous physical presence December 31, 1995, after having been identified tainees for each district of the Immigration and by reason of an absence, or absences, from the as having a credible fear of persecution, or pa- Naturalization Service. United States for any period or periods amount- roled for emergent reasons or reasons deemed (10) A description of the disposition of cases. ing in the aggregate to not more than 180 days. strictly in the public interest, or (b) ANNUAL REPORTS.—Beginning October 1, (e) AVAILABILITY OF ADMINISTRATIVE RE- (C) was a child (as defined in the text above 1999, and not later than October 1 of each year VIEW.—The Attorney General shall provide to subparagraph (A) of section 101(b)(1) of the Im- applicants for adjustment of status under sub- thereafter, the Attorney General shall submit to migration and Nationality Act (8 U.S.C. section (a) the same right to, and procedures the Committee on the Judiciary of each House of 1101(b)(1)) at the time of arrival in the United for, administrative review as are provided to— Congress a report setting forth the data col- States and on December 31, 1995, and who— (1) applicants for adjustment of status under lected under subsection (a) for the fiscal year (i) arrived in the United States without par- section 245 of the Immigration and Nationality ending September 30 of that year. ents in the United States and has remained Act; or (c) AVAILABILITY TO PUBLIC.—Copies of the without parents in the United States since such (2) aliens subject to removal proceedings data collected under subsection (a) shall be arrival, under section 240 of such Act. made available to members of the public upon (ii) became orphaned subsequent to arrival in (f) LIMITATION ON JUDICIAL REVIEW.—A deter- request pursuant to such regulations as the At- the United States, or mination by the Attorney General as to whether torney General shall prescribe. (iii) was abandoned by parents or guardians the status of any alien should be adjusted under SEC. 904. COLLECTION OF DATA ON OTHER DE- prior to April 1, 1998 and has remained aban- this section is final and shall not be subject to TAINED ALIENS. (a) IN GENERAL.—The Attorney doned since such abandonment; and review by any court. General shall regularly collect data on a nation- (2) has been physically present in the United (g) NO OFFSET IN NUMBER OF VISAS AVAIL- wide basis on aliens being detained in the States for a continuous period beginning not ABLE.—When an alien is granted the status of United States by the Immigration and Natu- later than December 31, 1995, and ending not having been lawfully admitted for permanent ralization Service other than the aliens de- earlier than the date the application for such resident pursuant to this section, the Secretary scribed in section 903, including the following adjustment is filed, except that an alien shall of State shall not be required to reduce the num- information: not be considered to have failed to maintain ber of immigrant visas authorized to be issued (1) The number of detainees who are criminal continuous physical presence by reason of an under any provision of the Immigration and Na- aliens and the number of detainees who are absence, or absences, from the United States for tionality Act. noncriminal aliens who are not seeking asylum. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9233 (2) An identification of the ages, gender, and JOINT EXPLANATORY STATEMENT 7. For any action where funds earmarked countries of origin of detainees within each cat- The managers on the part of the House and by either of the Committees for a specific ac- egory described in paragraph (1). the Senate at the conference on the disagree- tivity are proposed to be used for a different (3) The types of facilities, whether facilities of ing votes of the two Houses on the amend- activity, a reprogramming shall be submit- the Immigration and Naturalization Service or ment of the Senate to the bill (H.R. 4104), ted; and, other Federal, State, or local facilities, in which making appropriations for the Treasury De- 8. For any action where funds earmarked each of the categories of detainees described in partment, the United States Postal Service, by either of the Committees for a specific ac- paragraph (1) are held. the Executive Office of the President, and tivity are in excess of the project or activity (b) LENGTH OF DETENTION, TRANSFERS, AND certain Independent Agencies, for the fiscal requirement, and are proposed to be used for DISPOSITIONS.—With respect to detainees who year ending September 30, 1999, and for other a different activity, a reprogramming shall are criminal aliens and detainees who are non- purposes, submit the following joint state- be submitted. criminal aliens who are not seeking asylum, the ment to the House and the Senate in expla- Additionally, each request shall include a Attorney General shall also collect data con- nation of the effect of the action agreed upon declaration that, as of the date of the re- cerning— by the managers and recommended in the ac- quest, none of the funds included in the re- (1) the number and frequency of transfers be- companying conference report. quest have been obligated, and none will be The conference agreement on the Treasury tween detention facilities for each category of obligated, until the Committees on Appro- and General Government Appropriations detainee; priations have approved the request. Act, 1999, incorporates some of the language (2) the average length of detention of each and allocations set forth in House Report TITLE I—DEPARTMENT OF THE category of detainee; 105–592 and Senate Report 105–251. The lan- TREASURY (3) for each category of detainee, the number guage in these reports should be complied DEPARTMENTAL OFFICES of detainees who have been detained for the with unless specifically addressed in the ac- SALARIES AND EXPENSES same length of time, in 3-month increments; companying statement of managers. (4) for each category of detainee, the rate of Senate Amendment: The Senate deleted The conference agreement appropriates release from detention for each district of the the entire House bill after the enacting $123,151,000 for Departmental Offices instead Immigration and Naturalization Service; and clause and inserted the Senate bill. The con- of $122,889,000 as proposed by the House and (5) for each category of detainee, the disposi- ference agreement includes a revised bill. $120,671,000 as proposed by the Senate. The tion of detention, including whether detention Throughout the accompanying explanatory amount appropriated includes: $3,704,000 for ended due to deportation, release on parole, or statement, the managers refer to the Com- mandatory cost increases; an additional any other release. mittee and the Committees on Appropria- $470,000 for the Office of Tax Policy; an addi- (c) CRIMINAL ALIENS.—With respect to crimi- tions. Unless otherwise noted, in both in- tional $255,000 for the Office of Economic nal aliens, the Attorney General shall also col- stances the managers are referring to the Policy; an additional $499,000 for Inter- lect data concerning— House Subcommittee on Treasury, Postal national Affairs Policies and Programs; an (1) the number of criminal aliens apprehended Service, and General Government and the additional $801,000 for Enforcement Policies under the immigration laws and not detained by Senate Subcommittee on Treasury and Gen- and Programs; an additional $866,000 for the the Attorney General; and eral Government. Office of Foreign Assets Control; an addi- (2) a list of crimes committed by criminal REPROGRAMMING AND TRANSFER OF FUNDS tional $239,000 for Fiscal and Financial Poli- aliens after the decision was made not to detain GUIDELINES cies and Programs; and an additional $300,000 them, to the extent this information can be de- Due to continuing issues associated with for Treasury-wide management policies and rived by cross-checking the list of criminal agency requests for reprogramming and practices. The conferees are aware that addi- aliens not detained with other databases acces- transfer of funds and use of unobligated bal- tional funds in the amount of $1,238,000 are sible to the Attorney General. ances, the conferees have agreed to re- required in fiscal year 1999 for Year 2000 com- pliance. The conference agreement also in- (d) ANNUAL REPORTS.—Beginning on October programming guidelines included in House cludes funding to allow the Department to 1, 1999, and not later than October 1 of each Report 105–592. Those guidelines shall be provide no more than $500,000 in contract year thereafter, the Attorney General shall sub- complied with by all agencies funded by the awards to the National Law Center for Inter- mit to the Committee on the Judiciary of each Treasury and General Government Appro- American Free Trade as proposed by the House of Congress a report setting forth the priations Act, 1999: House. data collected under subsections (a), (b), and (c) 1. Except under extraordinary and emer- for the fiscal year ending September 30 of that gency situations, the Committees on Appro- The conferees have agreed to provide an year. priations will not consider requests for a re- additional $1,200,000 within this account for programming or a transfer of funds, or use of the Under Secretary of Enforcement to con- (e) AVAILABILITY TO PUBLIC.—Copies of the tinue the operations of the Office of Profes- data collected under subsections (a), (b), and (c) unobligated balances, which are submitted sional Responsibility, should he so desire, as shall be made available to members of the public after the close of the third quarter of the fis- proposed by the Senate. upon request pursuant to such regulations as cal year, June 30; The conference agreement includes lan- the Attorney General shall prescribe. 2. Clearly stated and detailed documenta- tion presenting justification for the re- guage which provides that the Office of For- This Act may be cited as the ‘‘Treasury and programming, transfer, or use of unobligated eign Assets Control shall be funded at no less General Government Appropriations Act, 1999’’. balances shall accompany each request; than $6,560,800 as proposed by the Senate in- And the Senate agree to the same. 3. For agencies, departments, or offices re- stead of $5,517,000 as proposed by the House. JIM KOLBE, ceiving appropriations in excess of The conferees have included language au- ERNEST ISTOOK, $20,000,000, a reprogramming shall be submit- thorizing the Department to charge both di- ANNE M. NORTHUP, ted if the amount to be shifted to or from rect and indirect costs to the Office of For- BOB LIVINGSTON, any object class, budget activity, program eign Assets Control in the implementation of JOSEPH MCDADE line item, or program activity involved is in this floor. (except for section excess of $500,000 or 10 percent, whichever is The Senate bill included language in this 656), greater, of the object class, budget activity, and a number of other accounts which pro- STENY H. HOYER, program line item, or program activity; vides that funds appropriated in this Act CARRIE P. MEEK, 4. For agencies, departments, or offices re- may be used for Year 2000 computer conver- DAVID E. PRICE, ceiving appropriations less than $20,000,000, a sion costs pending the availability of funding DAVID R. OBEY reprogramming shall be submitted if the for that purpose in a separate appropriation. (except for section amount to be shifted to or from any object The conferees have deleted that language in 514 on FEC), class, budget activity, program line item, or each instance in which it occurs and have in- Managers on the Part of House. program activity involved is in excess of stead included a new general provision (Sec- BEN NIGHTHORSE, $50,000, or 10 percent, whichever is greater, of tion 513) to permit the use of funds provided CAMPBELL, the object class, budget activity, program in this Act to initiate or continue projects or RICHARD SHELBY, line item, or program activity; activities to the extent necessary to achieve LAUCH FAIRCLOTH, 5. For any action where the cumulative ef- Year 2000 computer conversion until such TED STEVENS, fect of below threshold reprogramming ac- time as supplemental appropriations are pro- HERB KOHL tions, or past reprogramming and/or transfer vided for those activities. (with exception to actions added to the request, would exceed The conference agreement deletes lan- section 514), the dollar threshold mentioned above, a re- guage proposed by the House which provides BARBARA A. MIKULSKI programming shall be submitted; compensation for losses incurred due to the (with exception to 6. For any action which would result in a denial of entry into the United States of cer- section 514), major change to the program or item which tain firearms. The conferees have included ROBERT C. BYRD is different than that presented to and ap- language in Title VI (Section 646) of the bill (with exception to proved by either of the Committees, or the to provide for this relief through the use of section 514), Congress, a reprogramming shall be submit- the Judgement Fund, as proposed by the Managers on the Part of the Senate. ted; Senate. H9234 CONGRESSIONAL RECORD — HOUSE October 1, 1998

TREASURY LAW ENFORCEMENT VEHICLES proviso that $6,000,000 shall not be available Child Pornography inves- No later than 90 days after enactment of for obligation until the Treasury’s Chief In- tigation ...... 1,000,000 this Act, the Department shall submit to the formation Officer, through the Treasury In- Committees on Appropriations directives to vestment Review Board, concurs on the plan Subtotal, Customs implement the management of law enforce- and milestone schedule for the deployment Service ...... 65,472,000 ment vehicle usage in the Department. These of the system. Furthermore, $6,000,000 shall directives shall include: development of a not be obligated until the Commissioner of Secret Service: Department-wide vehicle management sys- Customs provides to the Committees on Ap- Counterfeiting investiga- tem to ensure adequate oversight of vehicle propriations an Enterprise Information Sys- tions ...... 5,000,000 Forensic technology and usage; standards and procedures for full com- tems Architecture (EISA) for Customs that assistance ...... 2,000,000 pliance with home-to-work regulations on covers all Customs’ areas of business—not NCMEC assistance ...... 1,196,000 vehicle use; verifiable determination that ve- just trade compliance. For the EISA to be 2000 campaign protection 7,732,000 hicle use throughout the Department is in acceptable, it must comply with the Treas- Vehicle replacement ...... 6,700,000 support of law enforcement purposes only; ury Information Systems Architecture and implementation of a log tracking system Framework, include measures to enforce Subtotal, Secret Serv- by activity and specific use of law enforce- compliance, and be approved by the Treasury ice ...... 22,628,000 ment vehicles. Investment Review Board. UNDER SECRETARY FOR ENFORCEMENT The conferees are pleased with the efforts Financial Crimes Enforce- The conferees direct the Department of the made by the Treasury Department to exer- ment Network: Treasury to submit, with its fiscal year 2000 cise some management responsibility for the Cyberpayment studies .... 800,000 Suspicious Activity Re- budget request, detailed budget justification ACE project, which represents an enormous port analysis ...... 300,000 materials for the Office of the Under Sec- information technology investment for the retary for Enforcement. Support for State & local Department and Customs. Clear benefits are GATEWAY ...... 200,000 OFFICE OF PROFESSIONAL RESPONSIBILITY already being seen in the quality of analysis Money laundering regu- SALARIES AND EXPENSES applied to investment decisions, and coordi- lations ...... 100,000 The conferees agree to provide no separate nation with other information technology funding for the Office of Professional Re- projects such as the International Trade Subtotal, FinCEN ...... 1,400,000 sponsibility (OPR) in fiscal year 1999 as pro- Data System (ITDS). The conferees support posed by the Senate, but instead have pro- the continued exercise of strong oversight by Interagency Crime and vided adequate funding within the Depart- the Treasury Department over this project. Drug Enforcement ...... 24,000,000 mental Offices appropriations for the Under FINANCIAL CRIMES ENFORCEMENT NETWORK Secretary for Enforcement to continue the Office of National Drug work of this office should he so desire. The The conferees agree to provide $24,000,000 Control Policy: conferees expect that the Department also as proposed by the House instead of Model State Drug Law will use approximately $350,000 in reprogram- $23,670,000 as proposed by the Senate. In addi- Conferences ...... 1,000,000 ming authority, the anticipated share of the tion, the conferees agree that the funds shall High Intensity Drug unobligated balance of funds at the end of be available with no earmark for the GATE- Trafficking Areas ...... 1,500,000 fiscal year 1998, to augment this appropria- WAY program, as had been proposed by the tion. Senate. Subtotal, ONDCP ...... 2,500,000 In fiscal year 1998, the Under Secretary for BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Enforcement was charged with tasking OPR TREASURY FORFEITURE FUND The conferees agree to provide $3,000,000 to to conduct a comprehensive review of integ- The conferees expect that the super sur- ATF for the management of the GREAT pro- rity issues and other matters related to the plus for the Treasury Forfeiture Fund will gram as proposed by the House rather than potential vulnerability of the United States continue to be large in fiscal year 1999, and in the ATF Salaries and Expenses appropria- Customs Service to corruption, to include tion as proposed by the Senate. The funding examination of charges of professional mis- direct the Department to provide the Com- proposed by the Senate for laboratory and conduct and corruption as well as analysis of mittees its plan for intended use of these re- investigative support is funded under ATF’s the efficacy of departmental and bureau in- sources in a timely fashion, as well as in its ternal affairs systems. The conferees expect presentation of the fiscal year 2000 budget re- Salaries and Expenses appropriation. that this work will continue, and that it will quest. GANG RESISTANCE EDUCATION AND TRAINING be in conjunction with related efforts funded The conferees support the use of the super The conferees agree to provide $13,000,000 through the Customs Integrity Awareness surplus to further advance Treasury Depart- to ATF, instead of $10,000,000 as proposed by Program. ment law enforcement programs, and ac- the House and $13,239,000 as proposed by the AUTOMATION ENHANCEMENT knowledge the Department’s plan to use its Senate for grants to local law enforcement The conferees agree to provide $28,690,000 surplus for a variety of activities. The con- organizations for the Gang Resistance Edu- for Automation Enhancement instead of ferees direct the Department to use cation and Training (GREAT) program. The $31,190,000 as proposed by the House and $11,012,000 as follows: $5,512,000 for the con- GREAT program has been enthusiastically $28,990,000 as proposed by the Senate. The struction of a P–3 hangar in Corpus Christi, endorsed by communities in Colorado, North amount provided shall be transferred as fol- Texas, for the United States Customs Serv- Carolina and Wisconsin. The conferees direct lows: ice; $4,000,000 for the CEASEFIRE/IBIS pro- that qualified law enforcement and preven- Customs Service.—$8,000,000 for the Auto- gram, and $1,500,000 for the Global Transpark tion organizations from these areas be fund- mated Commercial Environment. Customs Information Project. The conferees ed under GREAT. Bureau of Alcohol, Tobacco, and Firearms.— also agree that super surplus funds may be The conferees are aware of concerns about $3,700,000 for a human resources system re- used for replacement of law enforcement ve- the lack of a long-term evaluation of the im- engineering pilot program. hicles, instead of the prohibition proposed by pact of this program. Therefore, the con- Departmental Offices.—$16,990,000, of which the Senate. ferees urge ATF to contract with the Na- $5,400,000 is for the International Trade Data tional Academy of Sciences, Committee on System, of which $6,577,000 is for Depart- VIOLENT CRIME REDUCTION PROGRAMS Law and Justice, to conduct an independent ment-wide human resources re-engineering The conferees agree to provide $132,000,000 evaluation of the GREAT program. program management and implementation, as proposed by the House and Senate. This CUSTOMS SERVICE of which $3,813,000 is for Departmental Of- amount is to be used as follows: fices productivity enhancement, of which The conferees agree to provide $65,472,000, $1,000,000 is for the Treasury Vehicle Man- instead of $66,472,000 as proposed by the Bureau of Alcohol, Tobacco House and $54,000,000 as proposed by the Sen- agement System, and of which $200,000 is for and Firearms: Department-wide implementation of the ate. Within these funds, the conferees in- Treasury Information System Architecture GREAT administration/ clude $54,000,000 for narcotics detection tech- Framework. training ...... $3,000,000 nology, $9,500,000 for passenger processing, The conferees agree that the funds pro- $972,000 for canopy construction, and vided shall remain available until September $1,000,000 for additional technologies associ- GREAT Program Grants ... 13,000,000 30, 2000, as proposed by the House rather ated with the child pornography cyber-smug- than remain available until expended as pro- gling initiative. The conferees agree that $2,400,000 of the Customs Salaries and Ex- posed by the Senate. Customs Service: The conferees are aware that additional penses account should be used for the cyber- funds in the amount of $2,762,000 are required Narcotics detection tech- smuggling initiative, as proposed by the Sen- in fiscal year 1999 for Year 2000 compliance. nology ...... 54,000,000 ate. AUTOMATED COMMERCIAL ENVIRONMENT Passenger processing ini- SECRET SERVICE The conferees agree to provide $8,000,000 for tiative ...... 9,500,000 The conferees agree to provide $22,628,000, the Customs Service ACE project, with the Canopy construction ...... 972,000 instead of $14,528,000 as proposed by the October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9235 House and $15,403,000 as proposed by the Sen- with their interested client law enforcement The conferees agree to increase the limit ate. Within these funds, the conferees in- agencies, to examine and evaluate all avail- for purchase of police-type vehicles to 812, as clude $5,000,000 for counterfeiting investiga- able firearms training technologies for sys- proposed by the House. The conferees direct tions, $7,732,000 for campaign protection ac- tems providing the greatest cost effective the Under Secretary for Enforcement to ex- tivities, $6,700,000 for vehicle replacement, multi-application benefit for firearms train- ercise strong oversight with regard to any and $3,196,000 for forensic and related support ing of law enforcement personnel. The con- additional purchases in keeping with Depart- of investigations of missing and exploited ferees are aware of current technologies, ment-wide efforts (addressed under Depart- children. Of the amounts provided for miss- such as the BEAMHIT targeting system and mental Offices, above) to manage the use, al- ing and exploited children, the conferees plastic cased ammunition, which appear to location and acquisition of law enforcement agree to provide $1,196,000 for the continued offer cost benefits and systems flexibility for vehicles. While neither the House nor Senate operations of the Child Exploitation Unit at multiple training activities and greater sen- provided funding for this purpose, the con- the National Center for Missing and Ex- sitivity for environmental protection. ferees agree to provide $3,700,000 for vehicle ploited Children. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, replacement as the Administration had re- quested. FINANCIAL CRIMES ENFORCEMENT NETWORK AND RELATED EXPENSES The conferees agree to provide $34,760,000, The conferees agree to authorize up to The conferees agree to provide $1,400,000 for $15,000 for official reception and representa- FinCEN as proposed by the Senate, instead instead of $28,360,000 as proposed by the House and $15,360,000 as proposed by the Sen- tion expenses, instead of $20,000 as proposed of no funding as proposed by the House. by the House and $12,500 proposed by the Within these funds, the conferees include ate. This amount includes $6,400,000 for con- struction of new facilities at Artesia, New Senate. $800,000 for cyberpayment studies; $300,000 for The conferees agree to retain the limita- Mexico, required to meet the Center’s basic Suspicious Activity Report analysis; $200,000 tion of $1,000,000 in authority to fund the training requirements. for training and support for State and local equipping of vessels, vehicles or aircraft GATEWAY participation; and $100,000 for INTERAGENCY LAW ENFORCEMENT available for official use by a State or local money laundering regulations. INTERAGENCY CRIME AND DRUG ENFORCEMENT law enforcement agency for use in joint law FEDERAL LAW ENFORCEMENT TRAINING CENTER The conferees agree to provide $51,900,000 enforcement operations with ATF and for for ICDE as proposed by the House. An addi- the payment of overtime salaries, travel, The conferees agree to provide no VCRTF tional $24,000,000 is provided in the Violent fuel and other costs for State and local law funding for FLETC as proposed by the House, Crime Reduction Programs account. The enforcement personnel, including sworn offi- instead of $1,158,000 as proposed by the Sen- total of $75,900,000 fully funds the President’s cers and support personnel, as proposed by ate. The affected programs—rural law en- request. the House. The conferees note that, while forcement training and equipment replace- this maintains a limitation, unlike the Sen- ment—are funded in FLETC’s Salaries and FINANCIAL MANAGEMENT SERVICE SALARIES AND EXPENSES ate proposal, it allows such funding to be Expenses appropriation. used for law enforcement operations other The conference agreement appropriates INTERAGENCY CRIME AND DRUG ENFORCEMENT than drug-related ones, and clarifies that it $196,490,000 for the Financial Management encompasses support personnel as well as The conferees agree to provide $24,000,000 Service (FMS) as proposed by the Senate in- sworn law enforcement officers. for ICDE as proposed by the House, instead stead of $198,510,000 as proposed by the of $45,000,000 as proposed by the Senate. An The conferees agree that per diem and/or House. subsistence allowances may be paid to em- additional $51,900,000 is provided in the Inter- The conferees have agreed with the pro- ployees for extensive overtime required when agency Law Enforcement account. The total posal of the Senate on the funding level for an employee is assigned to a National Re- of $75,900,000 fully funds the President’s re- the FMS, which reflects a reduction of sponse Team during the investigation of a quest. $6,000,000 for Year 2000 conversion costs bombing or arson incident, as proposed by OFFICE OF NATIONAL DRUG CONTROL POLICY which will be available for FMS from a sepa- the Senate, rather than simply for a major rate appropriation. The conferees received The conferees agree to provide $2,500,000 for investigative assignment, as proposed by the conflicting information from the Depart- ONDCP, instead of $14,000,000 as proposed by House. ment of the Treasury about what the FMS’s the House and no funding as proposed by the YOUTH CRIME GUN INTERDICTION INITIATIVE Senate. $1,000,000 of this funding would cover needs are for this purpose. Therefore, the The conferees strongly support ATF’s ef- the costs of continuing support for Model conferees have assumed the higher number. forts to stop illegal trafficking of crime State Drug Law Conferences, as proposed by The conferees understand and fully appre- weapons to young people and its statistical the House. $13,000,000 proposed by the House ciate the need for FMS equipment to be Year analysis in ‘‘The Crime Gun Trace Analysis for continued funding for the technology 2000 compliant and note that the Department does have authority to transfer funding to Reports: The Illegal Youth Firearms Mar- transfer program run by the Counterdrug kets in 17 Communities’’, published in July Technology Assessment Center will instead FMS from other accounts within the Depart- ment under Section 114 of this Act should 1997. However, the conferees believe that the be funded in the ONDCP Salaries and Ex- proposed increase in funding must be sup- penses account, as proposed by the Senate. that become necessary. The conference agreement deletes lan- ported by evidence of a significant reduction HIGH INTENSITY DRUG TRAFFICKING AREAS guage proposed by the Senate delaying the in youth crime, gun trafficking and avail- The conferees agree to provide $1,500,000 in availability of $4,500,000 for postage costs ability. The conferees would like to see addi- additional funding for the Milwaukee, Wis- until September 30, 1999, and language pro- tional evidence linking the Youth Crime Gun consin HIDTA. posed by the Senate stating that funds shall Interdiction Initiative (YCGII) to a cor- responding decrease in gun trafficking FEDERAL LAW ENFORCEMENT TRAINING continue to be provided to the United States among youths and minors. Therefore, the CENTER Postal Service for postage due. DEBT COLLECTION IMPROVEMENT ACCOUNT conferees direct ATF to report no later than SALARIES AND EXPENSES The conferees have agreed to delete fund- February 1, 1999, on the performance of The conferees agree to provide $71,923,000 ing for the Debt Collection Improvement Ac- YCGII. The conferees further believe that an in- as proposed by the House instead of count proposed by the Senate. The House bill vestment in experienced trafficking agents $66,251,000 as proposed by the Senate, includ- contained no similar provision. ing up to $13,843,000 to be used for materials to conduct investigations arising out of leads and support costs. The conferees agree to FEDERAL FINANCING BANK obtained through this regional initiative is language proposed by the Senate to permit The conference agreement provides likely to have a significant impact on the funding for travel expenses of non-Federal $3,317,960,000 for the liquidation of debts by number of prosecutions for illegal firearms personnel to attend course development the Federal Financing Bank instead of trafficking. As a result, the conferees direct meetings and training sponsored by the Cen- $3,317,690,000 as proposed by the Senate. The that, of the $27,000,000 to be provided for ter. The conferees also agree to maintain ex- House bill contained no similar provision. YCGII efforts, $16,000,000 be used to hire 81 isting statutory language affecting the au- BUREAU OF ALCOHOL, TOBACCO AND FIREARMS experienced trafficking agents to expand the thority to provide funding for student ath- SALARIES AND EXPENSES YCGII efforts in the 27 pilot cities. As part of letics and student interns, as proposed by The conferees agree to provide $541,574,000, the expansion, the conferees recommend that the Senate. instead of $530,624,000 as proposed by the not less than $2,400,000 be used for the addi- tion of 12 experienced trafficking agents, in- GREAT TRAINING House and $529,489,000 as proposed by the Senate. This includes $2,000,000 for the Vio- cluding 3 in Milwaukee, Wisconsin, to imple- The conferees agree to include new lan- ment a multifaceted regional enforcement guage, as proposed by the Senate, to author- lent Crime Coordinators program and $4,500,000 for expansion of the National Trac- strategy within the Midwest region. The con- ize the Center to provide training for the ferees request that ATF give strong consid- Gang Resistance Education and Training ing Center, as proposed by the Senate. The conferees agree that $2,206,000 of this funding eration to Aurora, CO, Denver, CO, and program to Federal and non-Federal person- Omaha, NE, as it determines new locations nel at any facility in partnership with ATF. will not be available for obligation until Sep- tember 30, 1999, as proposed by the House. for YCGII. FIREARMS TRAINING SYSTEMS The conferees are aware that additional CEASEFIRE The conferees direct the Federal Law En- funds in the amount of $5,000,000 are required The conferees agree to provide $2,000,000 for forcement Training Center, in consultation in fiscal year 1999 for Year 2000 compliance. continued expansion of the CEASEFIRE/IBIS H9236 CONGRESSIONAL RECORD — HOUSE October 1, 1998 program, and expect that this will be used to recent successful takedown of a major inter- toms Air and Marine Interdiction programs meet requests for new equipment and related national pornography organization. To con- and are aware of the growing operational installation costs. The conferees also direct tinue this success, the conferees agree to set commitments associated with this success. the Secretary of the Treasury to provide aside $2,400,000 of the Customs appropriation The conferees encourage the Customs Serv- $4,000,000 to ATF from the Treasury Forfeit- to double the staffing and resources for the ice to examine the benefits of a consolidated ure Fund to allow ATF to provide child pornography cyber-smuggling initia- air maintenance system and take actions to CEASEFIRE technology to eligible State tive, as proposed by the Senate, instead of improve operational coordination of its air and local law enforcement organizations who the $2,000,000 proposed by the House to be assets to meet our national drug enforce- have requested this equipment. funded through the Violent Crime Reduction ment priorities. The conferees, in the inter- COLLECTION AND MAINTENANCE OF FEDERAL Trust Fund. In addition, the conferees agree est of maintaining viable and effective air FIREARMS LICENSEE RECORDS to include $1,000,000 in the Violent Crime Re- and marine interdiction programs, direct the The conferees agree that there does not ap- duction Trust Fund for technology support Customs Service to develop two comprehen- pear to be a written policy regarding the col- for this initiative. sive modernization plans for the air interdic- lection and maintenance of records on the CUSTOMS INSPECTION SERVICES FOR tion and marine enforcement programs, re- acquisition and disposition of firearms by INTERNATIONAL AIR CARGO spectively. These plans shall be submitted with the President’s fiscal year 2000 budget Federal firearms licensees for use in crimi- The conferees are concerned about the and should include the projected lifespans nal or civil enforcement or firearms trace availability of Customs Service personnel to and project a replacement schedule, as well systems, in particular with regard to the provide inspection services for airports that as the current status, of each aircraft or ves- length of time such records are kept. There- are seeing increased traffic or project such sel; associated operations and maintenance fore, the conferees direct ATF to develop increases as part of regional development activities for these craft; and any costs for such a written policy and provide a copy of patterns. In many locations Customs has fleet extension or modernization. These mod- that written policy to the Committees on been asked to initiate or expand the level ernization plans should be living documents Appropriations no later than March 31, 1999. and availability of such services. The con- that the Customs Service continually re- This is in lieu of the direction by the House ferees understand that decisions to allocate evaluates and utilizes in its effort to maxi- to provide the House Committee with a re- inspection personnel must be based on avail- mize its operational effectiveness. port on efforts to improve its practices with- ability of staff and funding, and should also in 90 days after enactment of this bill. be a function of the level of current or ex- SPECIAL OPERATIONS CONTRABAND CIGARETTES pected traffic, as well as concerns about en- The conferees agree that the special oper- The conferees direct ATF to continue to forcing trade laws and countering smuggling ations requirements of the Customs Service fully fund its investigations of diversion and threats. At the same time, the conferees rec- Air and Marine Interdiction Programs de- trafficking of contraband cigarettes, particu- ognize that some airports, such as Dulles mand special tactical and logistical oper- larly on Indian lands. The conferees are International Airport, Miami International ations considerations due to the high threat pleased to see that recent investigations Airport, and Fort Lauderdale International nature of these activities. The conferees di- have borne fruit in a number of arrests in Airport, are experiencing growth and may rect the Customs Service to review its utili- Oklahoma and Kansas. The conferees under- have good cases for initiating or increasing zation of these special operations assets with stand that the current investigation in Okla- cargo traffic operations, which are dependent the goal of improving management, coordi- homa and Kansas is estimated to cost up to on the availability of specific Customs in- nation, training and utilization of equipment $2,000,000 and that nationwide investigation spection services. The conferees therefore and personnel. The Customs Service should will cost approximately $8,000,000. urge the Customs Service, as it undertakes consider all options to achieve the greatest to establish a comprehensive model for as- UNITED STATES CUSTOMS SERVICE efficiency and productivity for our coastal sessing and allocating its inspection and in- and border interdiction efforts. SALARIES AND EXPENSES vestigative staff, to work closely with the The conferees agree to provide $1,642,565,000 airport authorities and the trade community BUREAU OF ENGRAVING AND PRINTING instead of $1,638,065,000 as proposed by the to ensure that it will meet requirements for DOLLAR BILL REDESIGN House and $1,630,273,000 as proposed by the new and expanded service. The aim of such a To combat international counterfeiting Senate. $9,500,000 is delayed for obligation, process should be allocation of staff and re- threats to the United States, the Depart- instead of the delays proposed by the House sources that is in the best interest of re- ment of the Treasury is continuing to rede- and the Senate. gional economic interests, trade, and the sign Federal Reserve Notes. By the end of The conferees agree to restrict purchase of mission of the Customs Service. 1999, newly designed $100, $50, and $20 Federal vehicles to 550 for replacement only, as pro- OPERATIONS, MAINTENANCE AND PROCUREMENT, Reserve Notes will be in circulation. posed by the House, rather than 985, as pro- AIR AND MARINE INTERDICTION PROGRAMS The conferees remain concerned about the posed by the Senate. The conferees direct the The conferees agree to provide $113,688,000, cost associated with producing special anti- Under Secretary for Enforcement to exercise instead of $100,688,000 as proposed by the counterfeiting properties for the estimated 6 strong oversight over any purchases of new House and $113,488,000 as proposed by the billion circulating $1 Federal Reserve Notes. vehicles in keeping with Department-wide Senate. No funding for this account would be As a result, the conferees do not believe the efforts (addressed under Departmental Of- delayed, as had been proposed by the Senate, Bureau of Engraving and Printing should un- fices, above) to manage the use, allocation and there is no earmark for activities in dertake cost prohibitive anti-counterfeiting and acquisition of law enforcement vehicles. South Florida and the Caribbean, as had changes to the $1 note. However, the con- The conferees also agree that $500,000 of the been proposed by the Senate. This number ferees do believe it is important to update appropriation should be used to fund expan- includes an additional $1,000,000 for increased the currency, such as making minor modi- sion of services at the Vermont World Trade support for operations and upgrades for fications to assist the visually impaired. Office, as proposed by the Senate. The con- equipment for the marine enforcement pro- Therefore, the conferees direct the Depart- ferees also agree to increase the limitation gram and $14,200,000 for Black Hawk heli- ment of the Treasury and the Bureau of En- on representation funding to $40,000, instead copter program support. graving and Printing not to pursue redesign of $30,000 as proposed by the House and Sen- of the $1 Federal Reserve Note to combat ate. BLACK HAWK HELICOPTERS The conferees agree to provide $2,500,000 to The conferees have included $14,200,000 to international counterfeiting threats, but to remain available until expended for the costs restore three off line Black Hawk helicopters only make minor design enhancements to of relocation of the New Orleans Air Branch to an operational readiness condition and the $1 note for the visually impaired and el- from Belle Chase, Louisiana, to Hammond, provide for increased operation and mainte- derly population, provided it has no effect on Louisiana. nance requirements for Customs’ helicopter the use of $1 Federal Reserve Notes with ex- isting bill accepting machinery. CUSTOMS INTEGRITY AWARENESS PROGRAM component. The conferees understand that this funding will permit Customs to increase BUREAU OF THE PUBLIC DEBT The conferees agree to provide $6,000,000 to Black Hawk flying hours from 18 to 30 hours the Customs Service, fully funding the new ADMINISTERING THE PUBLIC DEBT per month. The conferees direct the Customs Customs Integrity Awareness Program Service to maximize the mission operability The conference agreement appropriates (CIAP), as proposed by the House, instead of of all sixteen Black Hawk helicopters as- $172,100,000 for the Bureau of the Public Debt $4,200,000 as proposed by the Senate. The con- signed to the Air Interdiction Program. as proposed by the House and the Senate. ferees direct the Secretary of the Treasury The conference agreement also provides CUSTOMS MARINE PROGRAM to be fully engaged in CIAP, providing nec- that $2,000,000 of the funds provided shall be essary oversight and assistance to the Cus- The conferees include an additional available until September 30, 2001, for infor- toms Service Office of Internal Affairs in $1,000,000 to augment the $5,200,000 requested mation systems modernization initiatives as order to achieve program goals. for the marine program. proposed by the House instead of $1,000,000 as CHILD PORNOGRAPHY CUSTOMS AIR AND MARINE INTERDICTION proposed by the Senate. The conferees strongly support Customs PROGRAMS The conferees are aware that additional leadership in stopping the vile traffic in The conferees continue to be impressed funds in the amount of $1,000,000 are required child pornography and are pleased with its with the successes associated with the Cus- in fiscal year 1999 for Year 2000 compliance. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9237

INTERNAL REVENUE SERVICE priated until September 30, 1999, proposed by account. In addition, the conference agree- PROCESSING, ASSISTANCE, AND MANAGEMENT the Senate. ment includes an increase of $32,900,000 for The budget request included $2,645,000 for operational information systems as proposed The conference agreement appropriates customer service initiatives. Funding for by the House and the Senate and $68,700,000 $3,086,208,000 for Processing, Assistance, and these initiatives has been included in the In- for the modernization program infrastruc- Management instead of $3,025,013,000 as pro- formation Systems account as proposed by ture as proposed by the Senate instead of posed by the House and $3,077,353,000 as pro- the House. The Senate had proposed to fund $34,350,000 as proposed by the House. posed by the Senate. The amount provided $210,000 for customer service initiatives in The conferees have agreed to include lan- includes $90,650,000 for mandatory cost in- this account. guage in the bill which provides that creases and $70,279,000 for base realignments $103,000,000 of the funds appropriated in this from the Tax Law Enforcement account. The TAX STANDARDS FOR TAX-EXEMPT HEALTH account shall only be available for improve- conferees have agreed not to transfer funding CLUBS ments to customer service. This is the full for the TIMIS personnel/payroll system from The conferees are aware that there has amount requested by the Administration for the Information Systems appropriation to been significant growth in health club and customer service initiatives within the In- this account as proposed by the Senate. fitness services. Intensified competition has ternal Revenue Service. The budget request for Processing, Assist- developed a market for for-profit and tax-ex- The conferees are aware that additional ance, and Management included $58,325,000 empt health clubs. With certain tax-exempt funds in the amount of $359,000,000 are re- for customer service initiatives. Funding for organizations moving away from their core quired in fiscal year 1999 for Year 2000 com- these initiatives has been included in the In- purpose, questions arise as to whether they pliance. Included in that total is: $8,700,000 formation Systems account as proposed by are engaging in commercial competition for the submissions processing investment the House. The Senate had proposed to pro- with the for-profit sector. The conferees un- program, $4,000,000 for compliance research vide $18,145,000 for customer service initia- derstand that the IRS has developed appro- information systems, $33,300,000 for examina- tives in this account. priate standards based on broad community tion laptop computers, $60,700,000 to com- The conferees want to express strong sup- accessibility for determining whether fitness plete the rollout of the Integrated Collection port for the Commissioner’s proposal for or- activities are substantially related to the System, $4,300,000 for the Inventory Delivery ganizational modernization. The recently en- charitable mission of community organiza- System, and $14,000,000 for the Integrated acted Internal Revenue Service Restructur- tions, such as YMCAs, YWCAs, and JCCs, or- Personnel System. ing and Reform Act of 1998 will allow the ganizations with a variety of programs based The conference agreement deletes lan- Commissioner to make significant oper- on community needs, including health and guage proposed by the Senate which delayed ational improvements through organiza- fitness for people of all ages, incomes, and the availability of $68,700,000 of the funds ap- tional modernization and reorganization. abilities. Accordingly, changes in the stand- propriated until September 30, 1999. Therefore, the conference agreement also in- ards that apply to such organizations are not cludes $25,000,000 for organizational mod- the conferees’ concern. Rather, the conferees INFORMATION TECHNOLOGY INVESTMENTS ernization and restructuring of the Internal direct that the IRS review the standards it The conference agreement appropriates Revenue Service, the total amount requested applies to fitness activities operated by edu- $211,000,000 for Information Technology In- by the Administration for that purpose. cational and health-care organizations. The vestments instead of $210,000,000 as proposed However, because the restructuring legisla- conferees further request that the Depart- by the House and $137,569,000 as proposed by tion has only recently been enacted and the ment of the Treasury report to Congress by the Senate. These funds are not available for Commissioner has not yet been able to pro- April 1, 1999, on the statutory and regulatory obligation until September 30, 1999. The con- vide a detailed plan and cost estimate for the changes that may be needed to assure that ference agreement also provides that the restructuring effort, the conferees have in- the health and fitness activities of these or- funds shall remain available until September cluded language in the bill which delays ganizations substantially further the pur- 30, 2002, as proposed by the Senate instead of these funds for obligation until September poses for which the organization was granted remaining available until expended as pro- 30, 1999. tax exemption and do not constitute unfair posed by the House. The conferees have also provided $2,000,000 competition with private sector, taxable or- The conference agreement includes lan- for low income taxpayer clinics. These funds ganizations. guage proposed by the House which specifies the contents of an expenditure plan that the will be used to award matching grants to de- TRANSFER PRICING velop, expand, or continue qualifying low in- Internal Revenue Service and the Depart- The conferees are concerned about the Na- come taxpayer clinics as authorized in Sec- ment of the Treasury are required to submit tion’s loss of revenue as a result of foreign tion 3601 of the Internal Revenue Service Re- before the funds appropriated may be obli- corporations employing transfer pricing. structuring and Reform Act of 1998. gated. Transfer pricing, utilized by State Trading The conference agreement includes lan- The conferees are concerned that the IRS’s Enterprises, reallocates items of income and guage proposed by the Senate delaying the efforts to modernize its information systems deduction among entities under common availability of $105,000,000 for postage costs could divert its attention from the more control. Reallocation of the income and de- until September 30, 1999, and language pro- pressing matter of assuring that all of its ex- duction results in minimizing the U.S. tax of posed by the Senate stating that funds shall isting systems will be Year 2000 compliant. foreign corporations’ U.S. affiliates. Since continue to be provided to the United States The conferees expect that IRS will continue the foreign parent corporations do not nor- Postal Service for postage due. to view Year 2000 compliance as its highest mally do business in the United States, their priority and direct that the IRS not divert TAXPAYER EDUCATION income is completely free from U.S. tax. any resources from its Year 2000 efforts to The conferees agree that the Internal Rev- To ensure the Internal Revenue Service is the information systems modernization pro- enue Service needs to be more proactive in vigorously administering section 482 of the gram. educating our citizens. Therefore, the con- Internal Revenue Code, which empowers the ADMINISTRATIVE PROVISIONS—INTERNAL ferees believe that the IRS should consider Secretary of the Treasury to distribute, ap- REVENUE SERVICE the feasibility of a taxpayer education ini- portion, and allocate items of gross income tiative which encourages IRS employees to and deduction between the parent corpora- Section 101. The conference agreement in- visit schools to talk about the history of our tions and their U.S. affiliates, the conferees cludes a provision proposed by the House and tax system as well as taxpayer rights and re- direct the Internal Revenue Service to re- the Senate which allows the transfer of 5 sponsibilities. Further, the conferees believe view and report to Congress, no later than percent of any appropriation made available that the IRS should provide no less than six months after enactment of this Act, on to the IRS to any other IRS appropriation $750,000 to create an educational program, the following issues: IRS’s loss of revenue as subject to Congressional approval. such as the project currently under develop- a result of transfer pricing; detailed informa- Section 102. The conference agreement in- ment at the University of Florida, covering tion on IRS’s administration of section 482 cludes a provision proposed by the House and matters of current interest to those involved to distribute, apportion, and allocate items the Senate which requires the IRS to main- in administering, advising, teaching, and of gross income and deduction; and rec- tain a training program in taxpayer’s rights, studying the technical aspects of Federal ommendations on how to improve the collec- dealing courteously with taxpayers, and taxation. Therefore, the conferees request tion of revenue from trading enterprises. cross cultural relations. Section 103. The conference agreement in- that the IRS provide an analysis of these INFORMATION SYSTEMS cludes a provision proposed by the House and proposals, and steps they would take to im- The conference agreement appropriates the Senate which requires the IRS to main- plement these proposals, to the Committees $1,265,456,000 for Information Systems in- tain taxpayer services at not less than fiscal on Appropriations by March 1, 1999. stead of $1,224,032,000 as proposed by the year 1995 levels. TAX LAW ENFORCEMENT House and $1,329,486,000 as proposed by the Section 104. The conference agreement in- The conference agreement appropriates Senate. The amount provided includes cludes a provision proposed by the House and $3,164,189,000 for Tax Law Enforcement as $43,939,000 for mandatory cost increases; the Senate which prohibits the expenditure proposed by the House instead of however, the conferees have agreed not to of funds for the collection of taxes unless the $3,164,399,000 as proposed by the Senate. The transfer funding for the TIMIS personnel/ conduct of officers and employees of the IRS conference agreement does not delay the payroll system from this appropriation to complies with the Fair Debt Collection Prac- availability of $175,000,000 of the funds appro- the Processing, Assistance, and Management tices Act. H9238 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Section 105. The conference agreement in- as proposed by the House, which includes procuring currency paper to the extent per- cludes a provision proposed by the House and $1,623,000 for fixed site security. mitted under Federal law. In carrying out its the Senate which requires the IRS to insti- GENERAL PROVISIONS—DEPARTMENT OF THE currency paper procurement responsibilities, tute policies and practices which will safe- TREASURY the conferees expect BEP to secure the best guard the confidentiality of taxpayer infor- Section 110. The conference agreement in- overall value for the government, giving mation. cludes a provision which requires the Sec- equal consideration to all cost factors. Based Section 106. The conference agreement in- retary of the Treasury to comply with cer- on the General Accounting Office’s (GAO) in- cludes a provision proposed by the House and tain reprogramming guidelines when obligat- ability to reach any concrete conclusions the Senate which directs that funds shall be ing or expending funds for law enforcement with respect to competition and pricing, the available for improved facilities and in- activities from unobligated balances avail- conferees understand this issue is very com- creased manpower to provide sufficient and able on September 30, 1999, as proposed by plicated and, therefore, direct the Depart- effective 1–800 help line telephone assistance. ment of the Treasury and the Bureau of En- Section 107. The conference agreement in- the Senate instead of September 30, 1998, as proposed by the House. graving and Printing to report to the Com- cludes a provision proposed by the Senate mittees on Appropriations how they plan to which provides that no reorganization of the Section 111. The conference agreement in- cludes a provision proposed by the House and address GAO’s recommendations to the Sec- field office structure of the Internal Revenue retary of the Treasury. Further, it is the Service Criminal Investigation Division will the Senate which allows the Department of the Treasury to purchase uniforms, insur- conferees’ understanding that the authoriz- result in a reduction in the number of crimi- ing committees in both the House and Sen- nal investigators in Wisconsin and South Da- ance, and motor vehicles without regard to the general purchase price limitation, and ate will closely examine the GAO report, kota from the 1996 level. hold hearings on this matter, and develop The conference agreement deletes a Sense enter into contracts with the State Depart- legislation, if necessary, to ensure that the of the Senate provision regarding the use of ment for health and medical services for Federal government will have adequate com- random selection of returns for examination Treasury employees in overseas locations. petition and fair pricing. by the Internal Revenue Service. Section 112. The conference agreement in- cludes a provision proposed by the House and UNITED STATES SECRET SERVICE TITLE II—POSTAL SERVICE the Senate which requires the expenditure of SALARIES AND EXPENSES funds so as not to diminish efforts under sec- PAYMENTS TO THE POSTAL SERVICE FUND The conferees agree to provide $600,302,000 tion 105 of the Federal Alcohol Administra- instead of $594,657,000 as proposed by the tion Act. The conferees agree to provide $71,195,000 House and $584,902,000 as proposed by the Section 113. The conference agreement in- as proposed by the House and the Senate. Senate. This includes an additional cludes a provision proposed by the House and The conferees defer the obligation of these $18,000,000 for the costs of protective travel. the Senate which authorizes transfers, up to funds until October 1, 1999, as proposed by The conferees agree that $1,623,000 required 2 percent, between law enforcement appro- the Senate. for fixed site security will be included in the priations under certain circumstances. Acquisition, Construction, Improvement, Section 114. The conference agreement in- NON-POSTAL COMMERCIAL ACTIVITIES and Related Expenses account, as proposed cludes a provision proposed by the House and The conferees are aware that the Postal by the Senate. The conferees also agree that the Senate which authorizes transfers, up to Service is initiating a wide range of new the limitation for new vehicle purchases 2 percent, between the Departmental Offices, commercial activities. These activities in- shall be 739, as proposed by the House, rather Office of Inspector General, Financial Man- clude, but are not limited to, volume retail than 705, as proposed by the Senate. The con- agement Service, and Bureau of the Public photocopying, packaging services, bankwire ferees direct the Under Secretary for En- Debt appropriations under certain cir- services, the sale of office supplies and nov- forcement to exercise strong oversight over cumstances. elty items, and new e-commerce or Internet any purchases of new vehicles in keeping Section 115. The conference agreement in- related technologies. with Department-wide efforts (addressed cludes a provision proposed by the Senate under Departmental Offices, above) to man- which amends 18 U.S.C. 921(a) by broadening The conferees recognize the Postal Serv- age the use, allocation and acquisition of law the definition of explosives and redefining ice’s need to generate new sources of revenue enforcement vehicles. The conferees agree the term ‘‘antique firearm.’’ to offset its operating costs. However, many that $5,000,000 shall not be available for obli- Section 116. The conference agreement in- of the Postal Service’s new commercial ac- gation until September 30, 1999. cludes a provision regarding the purchase of tivities may result in unfair competition The conferees are aware that additional law enforcement vehicles. with a number of private sector enterprises, funds in the amount of $3,000,000 are required Section 117. The conferees have agreed to thus raising significant policy issues about in fiscal year 1999 for Year 2000 compliance. the provision contained in Section 117 of the the Postal Service’s present and future com- PROTECTIVE TRAVEL Senate bill regarding the execution of prop- mercial role. The conferees continue to be concerned erty upon judgements against foreign state Therefore, the conferees request the Postal about shortfalls in the United States Secret violators of international law. The conferees Service submit, within 6 months of enact- Service protective travel activity. Therefore have included additional language giving the ment of this Act, a report on its ongoing and the conferees direct the Service to develop President the authority to waive the require- planned commercial services, including pol- an accurate financial plan for predicting pro- ments of this provision in the interest of na- icy justifications, the costs of development tective travel needs, and report regularly to tional security. and implementation, revenues earned, and the Committees on Appropriations on their ELECTRONIC FILING revenues lost. As part of the report, the con- progress. As part of the financial plan the The conferees have agreed to delete lan- ferees are interested in packaging services conferees expect the funds for this activity guage requested by the Administration and (‘‘Pack and Send’’) and specifically direct will be apportioned separately. The Service contained in Section 115 of the House and the Postal Service to describe how packag- should consult with the Office of Manage- Senate bills regarding the electronic filing of ing services will meet ‘‘customer demand’’ in ment and Budget about the level of detail re- tax returns since this matter has been ad- all geographic regions, especially rural quired in the financial plan. The conferees dressed in a comprehensive fashion in the In- areas, before such service is initiated. The agree to provide additional funding of ternal Revenue Service Restructuring and conferees believe these issues deserve consid- $18,000,000 for protective travel, which is Reform Act of 1998. In undertaking any elec- eration by the authorizing committees. made available for two fiscal years. tronic tax administration programs, the con- AVONDALE-GOODYEAR, ARIZONA ARMORED PRIMARY LIMOUSINES ferees expect the Internal Revenue Service The conferees understand the need to pro- to assure the security of all electronic trans- The conferees urge the Postal Service, be- vide the President of the United States safe missions and provide for the full protection fore awarding any contract to purchase or and secure ground transportation both lo- of the privacy of taxpayer data. lease property for the Main Post Office in cally and around the world. The conferees CURRENCY PAPER Avondale-Goodyear, Arizona, to do an analy- are, however, concerned with the Secret The House and Senate passed bills each sis of the population presently in this area to Service’s projected cost to acquire primary contained a provision (Section 116 of both be used in assisting the Postal Service in limousines for this purpose. As a result, the bills) regarding the acquisition of currency making a selection which will be most acces- conferees direct the Secret Service to report paper by the Bureau of Engraving and Print- sible for the current and future population of to the Committees on Appropriations on the ing. The conferees have agreed to include no the area. The Postal Service shall report to major differences and costs between the pro- language in the bill regarding this issue. The the Committees prior to awarding any con- posed project and armored vehicles pre- conferees are aware of attempts made by the tract for sale or lease, but in no event later viously acquired by the Service prior to the Bureau of Engraving and Printing (BEP) to than October 14, 1998. obligation of funds for this project. address concerns regarding the need to make GILPIN COUNTY, COLORADO ACQUISITION, CONSTRUCTION, IMPROVEMENT, it easier for all United States paper compa- AND RELATED EXPENSES nies to compete for currency paper con- The conferees urge the Postal Service to The conferees agree to provide $8,068,000 as tracts. However, the conferees expect the seriously consider providing a separate ZIP proposed by the Senate, instead of $6,445,000 BEP to continue to enhance the process for Code for Gilpin County, Colorado. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9239 TITLE III—EXECUTIVE OFFICE OF THE lished by FEPCA. In an effort to see that icy (ONDCP) as proposed by the Senate, in- PRESIDENT AND FUNDS APPRO- FEPCA is either fully implemented or per- stead of $36,442,000 as proposed by the House. PRIATED TO THE PRESIDENT fected, the conferees direct the President’s This includes $13,000,000 to continue the WHITE HOUSE OFFICE Pay Agent to provide the Committees with technology transfer pilot program managed any pay setting methodology concerns it has by the Counterdrug Technology Assessment SALARIES AND EXPENSES with regard to FEPCA by May 1, 1999. Center (CTAC). It also includes $17,942,000 for The conferees agree to provide $52,344,000 CENTURY DATE CONVERSION ONDCP operations, as proposed by the Sen- for White House Office Salaries and Ex- ate, $16,000,000 for the basic CTAC program, penses, as proposed by the House and the The conferees remain concerned that with little more than a year to go before the new and $1,100,000 for policy research of which Senate. The conferees provide $10,100,000 for $100,000 is to be used for evaluating the Drug- reimbursements to the White House Commu- millennium, many critical government infor- mation systems are still in jeopardy of not Free Communities Act, as proposed by the nications Agency as a specific line item, as Senate. The conferees agree to modify lan- proposed by the House. meeting the January 1, 2000, deadline for date conversion. The conferees further be- guage governing the authority of ONDCP to EXECUTIVE RESIDENCE AT THE WHITE HOUSE lieve that the Administration has failed to accept and use gifts. OPERATING EXPENSES adequately champion the Y2K issue, not only The conference agreement separately funds The conferees provide $8,061,000, as pro- to its own departments, but has also not pro- $1,000,000 for Model State Drug Law Con- posed by the House instead of $8,691,000, as vided the critical national leadership and co- ferences through the Violent Crime Reduc- proposed by the Senate and prohibit the use ordination to our local, state and inter- tion Trust Fund. of these funds for domestic staff overtime. national partners in both the public and pri- ONDCP STAFFING As a separate provision, the conferees in- vate sectors. Information systems experts The conferees are concerned about requests clude $630,000 for domestic staff overtime and have reported that the Y2K fix is rooted in by ONDCP to reprogram monies from the make these funds available upon the Comp- management and oversight, not in the lack Salaries and Expenses account to fund other troller General notifying the Committees of technology available to address the prob- initiatives. The conferees in the past have that the Executive Office of the President lem. Unfortunately, valuable time has been fully supported and funded the full time (EOP) has received, reviewed and commented lost waiting for management to embrace the equivalent staffing level requested by on the draft report of the General Account- magnitude and consequences of this issue. ONDCP and are concerned that ONDCP is ing Office (GAO) with respect to Executive Only recently, has organizational manage- not filling those vacancies but is instead re- Residence operations and that the GAO is in ment finally recognized the potential for questing to use those funds for other pur- shut down of critical information systems receipt of the EOP’s comments. poses. The conferees believe that ONDCP associated with entitlement payments, reve- OFFICE OF ADMINISTRATION needs to maintain its staffing at the author- nue collection, air traffic control, defense ized level in order to maximize the agency’s SALARIES AND EXPENSES systems, telecommunications, mass transit, effectiveness. The conferees therefore direct The conferees agree to provide $28,350,000 supply inventories, elevator function, medi- ONDCP to review its staffing requirements for the Office of Administration as proposed cal equipment, to mention a few. Many agen- and report back to the Committees on Ap- by the House instead of $29,140,000 as pro- cies at all levels of government still do not propriations by December 15, 1998, on the posed by the Senate. have a complete grasp of the problem and are steps it is taking to fill the vacancies or, if The conferees are aware that additional now at the greatest risk for systems failure. funds of $12,200,000 for Year 2000 compliance The conferees direct the Administration to not, what changes it is making in its staffing within the Executive Office of the President focus all of its attention and resources on plan. are required for fiscal year 1999. the management and oversight of the most PERFORMANCE MEASURES OF EFFECTIVENESS OFFICE OF MANAGEMENT AND BUDGET critical date sensitive information and infra- The conferees strongly urge ONDCP to structure systems, prioritizing systems ren- SALARIES AND EXPENSES work within the Administration to ensure ovations, repair and replacement to those that the Performance Measures of Effective- The conferees agree to provide $60,617,000 that can meet the January 1, 2000, deadline. ness (PMEs) it developed are embraced and for the Office of Management and Budget as The conferees further direct the Administra- employed by all federal agencies for future proposed by the Senate instead of $59,017,000 tion to accelerate the development of contin- budgetary and planning work. The conferees as proposed by the House. The conferees gency plans for those critical systems that direct ONDCP to apply the same standard to agree to delete the earmark and the fence on cannot meet the Y2K deadline, in order to its own internal management and organiza- the use of funds for the Office of Information maintain functional systems operations, tion, and to include such measures with each and Regulatory Affairs, as proposed by the until patent date conversion repairs can be new budget submission. Senate, and include two provisos regarding completed. RESEARCH AND ANALYSIS INITIATIVES the review of transcripts of the Committees The conferees strongly encourage the new on Veterans’ Affairs and agricultural mar- Y2K Czar to take a high profile national The conferees recognize that ONDCP has keting orders, as proposed by the House. The leadership position, to aggressively promote proposed some initiatives for research that, conferees have included new language to century date change awareness for both in- owing to lack of resources, cannot be funded amend Section .36 of OMB Circular A–110 to formation technology systems and sensitive in this appropriation. Nonetheless, the con- ensure that all data produced under an infrastructure applications. The Y2K Czar ferees strongly urge ONDCP to continue to award will be made available to the public should monitor, coordinate and provide over- press through its interagency leadership to through the procedures established under the sight over the progress of all government- coordinate research in such areas as improv- Freedom of Information Act. wide century date change conversion initia- ing R&D coordination, developing a govern- Including technical modifications, the con- tives, with the primary goal of maintaining ment-wide intelligence architecture, and ferees agree to include bill language requir- critical systems operations into the new mil- mapping out drug trafficking flows. ing OMB to report on government wide pa- lennium. Finally, the Y2K Czar should have PROTECTIVE SECURITY ASSESSMENT perwork reduction and the implementation Administration standing to directly access The conferees have included a new general of the Congressional Review Act, as proposed and take control of any critical agency sys- provision, Section 643, as proposed by the by the Senate. tem that is in jeopardy of not meeting the Senate which directs the U.S. Marshals Serv- PERFORMANCE OF STATUTORY January 1, 2000, deadline because of ineffec- ice to conduct a threat assessment on the Di- RESPONSIBILITIES tive management action. rector of the Office of National Drug Control The conferees have agreed to delete the OMB is directed to include in its quarterly Policy on a quarterly basis. The level of se- earmark of $5,229,000 for the Office of Infor- Y2K report submissions an assessment of curity is to be provided to ONDCP on a reim- mation and Regulatory Affairs (OIRA) and a those critical information systems that will bursable basis by the U.S. Marshals Service fence of $1,200,000 for OIRA. The conferees not meet the Y2K deadline and the problems and will be based on this quarterly threat as- have been assured that OMB will strictly ad- that can be anticipated. In addition, the re- sessment. port should include the status of operational here to the statutory requirements included RURAL DRUG CONFERENCES in the bill on Paperwork Reduction and the contingency plans for those systems identi- fied as being in jeopardy. The conferees are concerned about the Congressional Review Act. The conferees spread of drugs and drug-related crimes to VIOLENT CRIME REDUCTION PROGRAMS will monitor OMB’s compliance with these rural areas and whether or not rural law en- The conferees expect the President’s budg- requirements carefully. forcement can sufficiently address these new et submissions for the Department of the FEDERAL EMPLOYEES’ PAY COMPARABILITY ACT trends. Therefore, the conferees encourage Treasury’s funding from the Violent Crime The conferees question the validity of the the Director to consider convening a na- Reduction Trust Fund be reflected for the Administration’s use of the ‘‘serious eco- tional conference on rural drug crime, to in- Department as a whole and not separately nomic conditions’’ exception in the Federal clude regional conferences in rural areas, within each bureau’s request. Employees’ Pay Comparability Act (FEPCA) such as Luna County, NM, and similar coun- to put forth an alternative pay plan for 1999. OFFICE OF NATIONAL DRUG CONTROL POLICY ties in Colorado, in order to assess the needs Press reports have indicated that members SALARIES AND EXPENSES of rural law enforcement and the impact of the Administration may have concerns re- The conferees agree to provide $48,042,000 that drug-related crimes have on rural com- garding the pay setting methodology estab- for the Office of National Drug Control Pol- munities as they cope with these issues. H9240 CONGRESSIONAL RECORD — HOUSE October 1, 1998 The conferees believe that ONDCP can significant impact on drug trafficking, use, tion, acquisition, and utilization of matching combine its knowledge and experience work- and associated crime. This means that contributions sought by ONDCP relating to ing with larger communities in this area and ONDCP must assess which HIDTAs are the the media campaign. In addition, the con- translate effective drug fighting practices to top performers and document the factors it ferees direct GAO to review Phase I, the 12 rural law enforcement, while taking into uses to make this determination. At the city test pilot, and report its findings to the consideration their unique needs. Should same time, ONDCP must determine where Committees. This review is to examine the ONDCP convene this event, the conference is the impact will be greatest based on the development of the test market plan for requested to report to the Committees on combined effect of HIDTA performance and Phase I, determine the viability of extrapo- Appropriations and the Director of ONDCP the nature and severity of drug problems lating Phase I results to the national level, on its findings. that exist in the areas where HIDTAs cur- and determine the success of Phase I in the SHOUT rently operate or are proposed—whether 12 city pilot. The conferees have provided $50,000 to con- measured by use, associated crime, or vol- CHRONIC USERS STUDY ume of trafficking in drugs or money. The tinue the work of SHOUT, an outreach orga- The Administration’s budget estimate in- conferees therefore direct ONDCP to submit nization that works with minors, as defined cludes a request of $10,000,000 to expand a its fiscal year 2000 budget for HIDTAs based by 21 CFR 897.14. This early intervention pro- preliminary user study conducted in Cook on applying both ONDCP’s own performance gram focuses on shaping the attitudes of mi- County, IL. The Cook County study devel- measures of effectiveness and the priorities nors in order to discourage the use of illegal oped a methodology for estimating the num- dictated by changing threats. substances. ber of hardcore drug users in the United SPECIAL FORFEITURE FUND COUNTERDRUG TECHNOLOGY ASSESSMENT States. Accurately identifying this popu- CENTER The conferees agree to provide $214,500,000, lation is important since they consume a instead of $215,000,000 as proposed by the The conferees expect the multiagency re- massive amount of the drugs available in the House and $200,000,000 as proposed by the search and development programs to be co- United States, create a large proportion of Senate. This includes $185,000,000 for the ordinated by the Counterdrug Technology the demand for illegal drug markets, and are youth media campaign, $20,000,000 for imple- Assessment Center (CTAC) in order to pre- responsible for a great deal of criminal activ- mentation of the Drug-Free Community Act, vent duplication of effort and to assure that, ity. The accurate identification of this popu- $5,000,000 for the chronic users study, and whenever possible, those efforts provide ca- lation will provide communities a base for $4,500,000 for a transfer to the Agricultural pabilities that transcend the need of any sin- estimating the type and number of drug Research Service for anti-drug research and gle Federal agency. Prior to obligation of treatment and prevention programs re- related matters. these funds, the conferees expect to be noti- quired. fied by the chief scientist on how these funds YOUTH MEDIA CAMPAIGN The conferees congratulate ONDCP on con- will be spent. The conferees also expect to The conferees recommend a funding level ducting this study and continue to support receive periodic reports from the chief sci- of $185,000,000 for the National Media Cam- this effort. The conferees provide $5,000,000 to entist on the priority counterdrug enforce- paign. In fiscal year 1998, ONDCP proposed a expand the study to regional areas. Although ment research and development require- 5-year media campaign at a total cost to the this is less than the request, the conferees ments identified by the Center and on the Federal government of $875,000,000. The ini- understand that ONDCP may be able to use status of projects funded by CTAC. tial request was based on a $175,000,000 an- this level of funding to complete a study nual funding level for five years of the pro- that can serve as an accurate basis for a na- FEDERAL DRUG CONTROL PROGRAMS gram. The conferees continue to be fully sup- tional estimate of the size and location of HIGH INTENSITY DRUG TRAFFICKING AREAS portive of this program and believe that this chronic user populations. The conferees en- PROGRAM national media campaign, if properly exe- courage ONDCP to work with the Depart- The conferees provide $182,477,000, instead cuted, has the potential to produce concrete ment of Health and Human Services to iden- of $162,007,000 as proposed by the House and results. The conferees look forward to work- tify additional funding sources, if necessary $183,977,000 as proposed by the Senate. The ing with ONDCP on this effort to produce de- and available, and encourage ONDCP to pro- conferees agree to fund all existing High In- monstrable results as the campaign matures. mote utilization of the Cook County study tensity Drug Trafficking Areas (HIDTAs) at The conferees have included new language that contributes to reductions in the popu- the fiscal year 1998 level. This funding level calling for ONDCP to report on its efforts to lation of hardcore drug users. shall be based on direct fiscal year 1998 ap- achieve corporate sponsorship beyond the UNANTICIPATED NEEDS propriations for HIDTAs contained in the matching requirement for participation in The conferees agree to provide $1,000,000 as HIDTA and Violent Crime Reduction Trust the media campaign; clarifies the pro bono requested by the Administration for unan- Fund accounts. The conferees also agree that requirement; and limits the possible use of ticipated needs. not less than fifty-one percent of this funding for creative development efforts. amount shall be transferred to State and The conferees agree that 75% of the funds INFORMATION TECHNOLOGY SYSTEMS AND local entities for drug control activities. will become available when ONDCP submits RELATED EXPENSES Within the amount appropriated, the con- to the Committees the results of Phase I of The conferees have not included language ferees include $20,477,000 to supplement or ex- the campaign and the remainder will become contained in the Senate bill to provide pand existing HIDTAs, or provide for the cre- available when ONDCP submits the results $3,250,000,000 in contingent emergency fund- ation of new HIDTAs. The conferees have of Phase II. ing for Year 2000 computer conversion costs. been informed that unmet needs for funding The Committees will closely track this na- On September 2, 1998, the President trans- exist in: the Arizona HIDTA for completion tional media campaign, and its contribution mitted to Congress a request for this level of of an intelligence center and unmet pro- to achieving a drug-free America. Therefore, funding in fiscal year 1998. The conferees ex- grammatic needs for methamphetamine and the conferees direct ONDCP to submit quar- pect that this issue will be resolved as part border initiatives; the New Mexico HIDTA terly reports on the obligation of funds as of a supplemental appropriation. for unmet programmatic needs; the South- well as the specific parameters of the pilot TITLE IV—INDEPENDENT AGENCIES west HIDTA for its wiretapping initiative; campaign. The conferees anticipate that fu- FEDERAL ELECTION COMMISSION the Cascade HIDTA for unmet programmatic ture funding will be based upon results. needs; the expansion of the Midwest HIDTA ONDCP is directed to report to the Commit- SALARIES AND EXPENSES to include the State of North Dakota; the tees on Appropriations by January 15, 1999 on The conferees agree to provide $36,500,000 Rocky Mountain HIDTA for expansion of its the effectiveness of the national media cam- as proposed by the House and the Senate. methamphetamine initiative; the Chicago paign. In addition, ONDCP is to report to the This level of funding will support a base ap- HIDTA for unmet programmatic needs; and Committees within 6 months of enactment of propriation of $32,580,000, an additional the Central Florida HIDTA for unmet pro- this Act on State and local prevention and $2,800,000 for enhanced enforcement efforts, grammatic needs. Additionally, the con- treatment facilities infrastructure and their as proposed by the House and Senate, and an ferees are aware of interest in the designa- capacity to handle the increased demands of additional $1,120,000 for other initiatives, as tion of new HIDTAs in the New England communities as a result of the national proposed by the House. The conferees fence states, East Texas, Ohio, and Hawaii. media campaign. ONDCP is to continue to $1,120,000, pending the submission of a plan While the conferees are obviously support- report on the effectiveness and implementa- for the obligation of these funds and provide ive of the HIDTA program, it is critical to tion status of the guidelines set out in the that not less than $4,402,500 shall be avail- the continued support and the health of all fiscal year 1998 appropriations bill. able for internal automated data processing HIDTAs and the program in general that de- The conferees direct the General Account- systems. The conferees strongly recommend cisions about funding be founded on clear, ing Office to conduct a financial audit and that the FEC target the additional $1,120,000 concrete measures of performance. The con- review of the financial transactions relating in fenced appropriations to the improvement ferees also believe that ONDCP must have to the media campaign. The conferees re- of enforcement procedures and preventing the flexibility to allocate resources to those quest that the scope of the review include the unnecessary dismissal of appropriate en- HIDTAs that will have the greatest impact how monies have been obligated and the ef- forcement actions; the conferees specifically on our drug problems. In making these deci- fectiveness of the campaign and report to the recommend that FEC expedite automated sions, ONDCP must focus on the performance Committees on Appropriations. As part of data processing improvements as they relate of HIDTAs, existing or proposed, and their this review, GAO shall determine the defini- to enforcement. The conferees assume that October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9241 full time employment will not exceed 347 diciary to reduce the cost of courthouse con- The conference agreement includes lan- FTE in fiscal year 1999. struction and encourage the continuation of guage proposed by the Senate which: pro- GENERAL SERVICES ADMINISTRATION these efforts. The conferees are pleased that vides that $100,000 shall be used to address the Administrative Office of the U.S. Courts’ lighting issues at the Byrne-Green Federal FEDERAL BUILDINGS FUND recent draft utilization study answers some Courthouse in Philadelphia, Pennsylvania; LIMITATIONS ON AVAILABILITY OF REVENUE questions about the utilization rates of ex- provides that $1,600,000 shall be used to com- The conference agreement provides isting and proposed courthouses. The con- plete alterations at the Milwaukee, Wiscon- $5,605,018,000 in new obligational authority ferees are aware of the Judiciary’s needs to sin, Courthouse; and provides that $1,100,000 for the General Services Administration’s have court space available to conduct busi- may be used to provide a new fence for the Federal Buildings Fund instead of ness and understand their position that a Suitland Federal Complex in Suitland, Mary- $5,624,128,000 as proposed by the House and courtroom’s existence may result in moving land. $5,648,680,000 as proposed by the Senate. In a case to settlement. However, the conferees The conferees have provided $215,764,000 for order to provide the resources necessary to continue to be concerned that the courts are installment acquisition payments as pro- carry out that program, the conferees have not fully examining information that is key posed by the House and the Senate. recommended an appropriation of $450,018,000 to the development of a utilization planning The conferees have provided $2,583,261,000 into the Fund instead of $479,300,000 as pro- model. As a result, the conferees request the for rental of space as proposed by the Senate posed by the House and $508,752,000 as pro- Administrative Office of the U.S. Courts to instead of $2,580,461,000 as proposed by the posed by the Senate. revise the utilization study to include the as- House. The conference agreement provides The conferees have provided $492,190,000 for sumptions used to develop the planning that $15,000,000 of the funds provided shall the construction and acquisition of new model. Additionally, the conferees direct the not be available for obligation until Septem- projects instead of $527,100,000 as proposed by General Services Administration to provide ber 30, 1999, instead of $51,667,000 as proposed the House and $538,652,000 as proposed by the the utilization rates of existing and proposed by the Senate. Senate. The conferees have included funding courtrooms with any request for new con- The conferees have provided $1,554,772,000 for the following projects: struction, replacement, or expansion of court for building operations as proposed by the space. House and the Senate. The conference agree- Arkansas: Little Rock, The conference agreement includes lan- ment provides that $68,000,000 of the funds U.S. Courthouse ...... $3,436,000 guage proposed by the Senate authorizing provided shall not be available for obligation California: the General Services Administration to re- until September 30, 1999, instead of San Diego, U.S. Court- acquire the parcel of land on Block 111, East $223,000,000 as proposed by the House and house ...... 15,400,000 Denver, Denver, Colorado, which was sold at $31,095,000 as proposed by the Senate. San Jose, U.S. Court- public auction by the Federal government to The conference agreement provides that house ...... 10,800,000 the present owner of the property. $475,000 shall be available for the 1999 Wom- Colorado: Denver, U.S. The conference agreement includes lan- en’s World Cup soccer event and that $600,000 Courthouse ...... 83,959,000 guage proposed by the Senate which provides shall be available for the 1999 World Alpine District of Columbia: that funds provided in fiscal year 1993 for the Ski Championships. Southeast Federal Center Hilo, Hawaii, federal building shall be ex- PUBLIC SERVICE RECOGNITION WEEK Remediation ...... 10,000,000 pended for the planning and design of the The conferees recognize that Public Serv- Florida: Mauna Kea Astronomy Educational Center. ice Recognition Week, a program of the Pub- Jacksonville, U.S. Court- The conference agreement deletes lan- lic Employees Roundtable, has educated house ...... 86,010,000 guage proposed by the Senate regarding America about the value of the career work- Orlando, U.S. Courthouse 1,930,000 funding for the design of the Department of force which carries out the daily operations Massachusetts: Spring- Transportation headquarters building and of government. This program, which has ex- field, U.S. Courthouse .... 5,563,000 landing rights at Denver International Air- isted for over ten years, plays an important Michigan: Sault Sainte port. role in educating our nation’s youth and pro- Marie, Border Station .... 572,000 The conference agreement includes lan- viding them with timely information about Mississippi: Biloxi-Gulf- guage included in the House reported bill their government. The conferees urge the port, U.S. Courthouse ..... 7,543,000 which provides that of the funds provided for General Services Administration to support Missouri: Cape Girardeau, non-prospectus construction projects, the mission of the Public Employees Round- U.S. Courthouse ...... 2,196,000 $2,100,000 shall be available for acquisition, table and provide administrative and Montana: Babb, Piegan lease, construction, and equipping of logistical assistance equaling $100,000 for car- Border Station ...... 6,165,000 flexiplace telecommuting centers. rying out its Public Service Recognition New York: The conferees have also agreed to include Week activities. Brooklyn, U.S. Court- language in the bill permitting the General house ...... 152,626,000 Services Administration to purchase, at the LOS ANGELES, CALIFORNIA, CIVIC CENTER TRUST New York, U.S. Mission appropriate price, real estate essential to The conferees are aware that the U.S. to the United Nations .. 3,163,000 meet security interests related to the suc- Courthouse in Los Angeles, California, will Oregon: Eugene, U.S. cessful completion of the new courthouse in be serving as the cornerstone for an eco- Courthouse ...... 7,190,000 Scranton, Pennsylvania. nomic revitalization of the Civic Center Tennessee: Greenville, U.S. The conferees have provided $668,031,000 for neighborhood, where currently more than 50 Courthouse ...... 28,229,000 repairs and alterations as proposed by the public and private projects are in various Texas: Laredo, U.S. Court- Senate instead of $655,031,000 as proposed by stages of development. The Los Angeles City house ...... 28,105,000 the House. The conference agreement pro- Civic Center Trust, established by Project West Virginia: Wheeling, vides that $161,500,000 of the funds shall not Restore, a nonprofit organization, will facili- U.S. Courthouse ...... 29,303,000 be available for obligation until September tate and coordinate this revitalization. The Nationwide: Non-prospec- 30, 1999, instead of $19,000,000 as proposed by conferees urge the General Services Admin- tus construction projects 10,000,000 the House and $323,800,000 as proposed by the istration to continue its current work and Senate. support the mission of the Los Angeles Civic The conferees have not provided funds for The amount provided includes $25,000,000 Center Trust by providing planning, adminis- the Savannah, Georgia, U.S. Courthouse for the chlorofluorocarbons program and trative, and logistical support for its activi- Annex project. The conferees are aware that $25,000,000 for the energy program as pro- ties. at a recent meeting to consider the author- posed by the Senate instead of $18,500,000 for RONALD REAGAN COURTHOUSE—SANTA ANA, ization of new courthouse construction each program as proposed by the House. CALIFORNIA projects, the Public Buildings and Economic The conferees have agreed to list in the bill The conferees understand that none of the Development Subcommittee of the House the amounts provided for each of the artwork acquired for the Ronald Reagan Committee on Transportation and Infra- projects and activities to be undertaken Courthouse in Santa Ana, California, recog- structure deferred action on this project under Repairs and Alterations as proposed nizes President Ronald Reagan. The con- pending further review. The conferees fur- by the Senate. Accordingly, there is no need ferees urge the General Services Administra- ther understand that that action was taken for GSA to submit the plan for program exe- tion to acquire and display artwork that ap- primarily because of the significant increase cution called for in the House report. in estimated project cost that has occurred The conference agreement includes the propriately commemorates President since the approval of funds for site acquisi- language contained in the Senate bill regard- Reagan. Further, the conferees urge the Gen- tion and design, even though the size of the ing the use of funds for security improve- eral Services Administration to work with building has been reduced. The conferees ments. the Ronald Reagan Presidential Library and share those concerns and, have, therefore, The conference agreement includes lan- Museum to determine the feasibility of elected to defer funding for the project pend- guage proposed by the House which provides maintaining a rotating exhibit at the Ronald ing resolution of the issues that have been that funds provided in Public Law 103–329 for Reagan Courthouse. raised by the authorizing committee. the IRS Service Center in Holtsville, New PRESIDENT HARRY S TRUMAN The conferees recognize the efforts of the York, shall remain available until Septem- The conferees note that there is no major General Services Administration and the Ju- ber 30, 1999. recognition of President Harry S Truman in H9242 CONGRESSIONAL RECORD — HOUSE October 1, 1998 the Nation’s Capital. The conferees request mand is moving ahead with options to vacate Section 411. The conference agreement in- that the General Services Administration re- the facility. In the event that Space Com- cludes a provision proposed by the House re- view such proposals as may exist and report mand does not renew its lease and the facil- garding the fees charged by GSA for the use to the Committees on Appropriations no ity becomes vacant and is deemed surplus, of telecommuting centers by Federal agen- later than June 1, 1999. the conferees urge GSA to strongly consider cies. The Senate bill contained no similar POLICY AND OPERATIONS the U.S. Olympic Committee’s (USOC) need provision. for additional space and to give priority to Section 412. The conference agreement in- The conference agreement appropriates the USOC’s request to gain title or acquire cludes a provision proposed by the Senate $109,594,000 for Policy and Operations instead the property. authorizing GSA to transfer property in of $108,494,000 as proposed by the House and Dade County, Florida, to the University of $106,494,000 as proposed by the Senate. The GENERAL PROVISIONS—GENERAL SERVICES Miami. The Senate language has been conferees direct that $2,000,000 be provided ADMINISTRATION amended to allow a land exchange. The for the pilot project in digital learning tech- Section 401. The conference agreement in- House reported bill contained a similar pro- nologies as described in the House report and cludes a provision proposed by the Senate vision. that $1,000,000 be used to initiate a digital which provides that accounts available to Section 413. The conference agreement in- education project. GSA shall be credited with certain funds re- cludes a provision directing GSA to reincor- The conferees have also included language ceived from government corporations. The porate the elements of the original proposed in the bill that provides that $100,000 of the provision was also included in the House re- design for the facade of the United States funds appropriated shall be provided to the ported bill. Property Disposal activity of this account. Section 402. The conference agreement in- Courthouse project in London, Kentucky, This amount represents the estimated fair cludes a provision proposed by the Senate into the revised design of the building. This market value of the property to be conveyed which provides that funds available to GSA will ensure that the construction of the new to the City of Racine, Wisconsin, as de- shall be available for the hire of passenger courthouse is compatible with the architec- scribed in section 409 of the bill. motor vehicles. The provision was also in- tural character of the historic existing U.S. The conferees have modified language pro- cluded in the House reported bill. courthouse. The construction of the project posed by the Senate regarding the Old Post Section 403. The conference agreement in- should in no way be diminished in order to Office at 1100 Pennsylvania Avenue in Wash- cludes a provision proposed by the Senate achieve this goal. This provision was in- ington, D.C., to make the language applica- which authorizes GSA to transfer funds with- cluded in the House reported bill. ble only for fiscal year 1999 and to require in the Federal Buildings Fund to meet pro- The conference agreement deletes lan- that the comprehensive plan for use of the gram requirements. A similar provision was guage contained in section 411 of the Senate property also be approved by the Senate included in the House reported bill. bill which appropriates $14,105,000 for costs Committee on Environment and Public Section 404. The conference agreement in- associated with the security of the Capitol Works and the House Committee on Trans- cludes a provision proposed by the Senate complex. The conferees recognize the impor- portation and Infrastructure. which prohibits the use of funds to submit a tance of Capitol security and have consulted fiscal year 2000 budget request for court- with and deferred to the jurisdiction of the SURPLUS EQUIPMENT TO SCHOOLS AND Legislative Branch Appropriations Sub- EDUCATIONAL INSTITUTIONS house construction projects that do not meet design guide criteria, do not reflect the pri- committee to coordinate those require- The conferees urge the General Services orities of the Judicial Conference of the ments. Administration, in line with its responsibil- United States, and are not accompanied by a ENVIRONMENTAL DISPUTE RESOLUTION FUND ities for the disposal of excess and surplus standardized courtroom utilization study. A Federal personal property, to promote and The conference agreement appropriates similar provision was included in the House foster the transfer of excess and surplus com- $4,250,000 for capitalization of the Environ- reported bill. puter equipment directly to schools and to mental Dispute Resolution Fund and oper- Section 405. The conference agreement in- appropriate nonprofit, community-based ation of the United States Institute for Envi- cludes a provision proposed by the Senate educational organizations. The GSA should ronmental Conflict Resolution as proposed which provides that no funds may be used to communicate with other Federal agencies to by the House. The Senate did not include increase the amount of occupiable square heighten their ongoing awareness of the ex- funds for this activity. feet or provide cleaning services, security isting opportunities at both the national and MERIT SYSTEMS PROTECTION BOARD enhancements, or any other service usually local levels to meet the needs of the schools provided, to any agency which does not pay The conferees understand that an agree- for such equipment. the requested rental rates. The provision was ment has been reached between MSPB and All Federal agencies are required, to the also included in the House reported bill. its administrative judges regarding the es- extent permitted by law and after determin- Section 406. The conference agreement in- tablishment of a special pay classification ing that the equipment is excess to their cludes a provision proposed by the Senate for the administrative judges. The conferees needs, to give highest preference to schools which provides that funds provided by the are encouraged by this progress and urge and nonprofit organizations in the transfer Information Technology Fund for pilot infor- MSPB to work with the proper House and of educationally useful Federal computer mation technology projects may be repaid to Senate authorizing committees and the Of- equipment. Agencies are required to inven- the Fund. The provision was also included in fice of Management and Budget so this tory all computer equipment and identify in the House reported bill. agreement can be addressed in the fiscal year their inventories their excess and surplus Section 407. The conference agreement in- 2000 budget submission and through appro- equipment. Federal agencies are also re- cludes a provision proposed by the Senate priate legislative action. quired to report to GSA the transfer of any which permits GSA to pay claims of up to NATIONAL ARCHIVES AND RECORDS personal property, including computer equip- $250,000 arising from construction projects ADMINISTRATION ment, made to nongovernmental entities and the acquisition of buildings. The provi- such as schools. OPERATING EXPENSES sion was also included in the House reported The conferees commend GSA and the Of- The conference agreement appropriates bill. fice of Science and Technology Policy $224,614,000 for operating expenses of the Na- Section 408. The conference agreement in- (OSTP) for the progress that has been made tional Archives and Records Administration cludes a provision proposed by the Senate simplifying and improving the Federal Sur- instead of $216,753,000 as proposed by the providing $5,000,000 for the demolition, clean- plus Computer Donation Program. One re- House and $221,030,000 as proposed by the up, and conveyance of the property at block maining hurdle for schools interested in par- Senate. The conferees have included lan- 35, and lot 2 of block 36 in Anchorage, Alas- ticipating in the program is the lack of oper- guage delaying the availability of $7,861,000 ka. The House bill contained no similar pro- ating systems on many donated computers. of the funds appropriated until September 30, vision. The conferees urge GSA and OSTP to work 1999, instead of $4,277,000 as proposed by the Section 409. The conference agreement in- together with operating system providers to Senate. cludes a provision proposed by the Senate develop a partnership with those providers The conferees are aware that additional authorizing GSA to convey the property similar to the partnership that has already funds in the amount of $5,411,000 are required which contains the U.S. Army Reserve Cen- been formed with van lines to assist in trans- in fiscal year 1999 for Year 2000 compliance. ter in Racine, Wisconsin, to the City of porting donated computers. The goal of this Racine. The Senate language has been NATIONAL PERSONNEL RECORDS CENTER partnership would be to provide operating amended by deleting the phrase ‘‘without The conferees are aware that in many in- systems to schools which receive computers consideration.’’ The House reported bill con- stances veterans are experiencing significant through the donation program. tained a similar provision. delays, often as long as six months, when at- FEDERAL OFFICE BUILDING IN COLORADO Section 410. The conference agreement in- tempting to gain access to records they need SPRINGS, COLORADO cludes language proposed by the Senate di- to obtain medical assistance or other bene- The Federal building located at 1520 Wil- recting the General Services Administration fits from the National Personnel Records lamette Ave. in Colorado Springs, Colorado, to enter into an operating lease to acquire Center in St. Louis, Missouri. The conferees is owned by GSA and is currently leased to space for the Department of Transportation believe that this is unacceptable. The con- the U.S. Air Force Space Command. It is the headquarters. The House bill contained no ferees are also aware that the National Ar- conferees’ understanding that Space Com- similar provision. chives and Records Administration (NARA) October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9243 has initiated a business process re-engineer- Sec. 506. The conferees agree to continue costs of travel to the United States for the ing project at the center to address concerns the requirements on ‘‘Buy American Act’’ immediate families of Federal employees as- about the timeliness of responses to veter- compliance. signed to foreign duty in the event of a death ans’ requests. The implementation of this Sec. 507. The conferees agree to continue or a life threatening illness of the employee. project will take about five years at a total ‘‘Sense of Congress’’ language regarding pur- Section 602. The conferees agree to con- cost of approximately $6,000,000. The goal of chase of American made equipment and tinue a provision requiring agencies to ad- the program is to achieve case cycle time of products. minister a policy designed to ensure that all 10 days or less. For fiscal year 1999, the Sec. 508. The conferees agree to continue to of its workplaces are free from the illegal NARA will be conducting a pilot test of the prohibit contract eligibility where fraudu- use of controlled substances. business process re-engineering program to lent intent has been proven in affixing Section 603. The conferees agree to con- validate the processes and methods that ‘‘Made in America’’ labels. tinue a provision authorizing reimbursement have been recommended. The conferees have Sec. 509. The conferees agree to a provision for travel, transportation, and subsistence been informed by NARA that this pilot test proposed by the House which prohibits funds expenses incurred for training classes, con- can be funded from within existing re- to pay for an abortion or any administrative ferences, or other meetings in connection sources. The conferees further understand expenses for FEHBP plans that provide bene- with the provision of child care services to that the Archives plans to begin implemen- fits or coverage for abortions. Federal employees. tation of this program in fiscal year 2000. Sec. 510. The conferees agree to a provision Section 604. The conferees agree to con- The conferees are very supportive of this ex- proposed by the Senate in Title VI of this tinue a provision regarding price limitations tremely important effort and expect NARA bill providing that Sec. 509 shall not apply if on vehicles to be purchased by the Federal to request the funds it needs to begin imple- the life of the mother is in danger or the government. mentation of the program in the fiscal year pregnancy is the result of an act of rape or Section 605. The conferees agree to con- 2000 budget. incest. tinue a provision allowing funds made avail- REPAIRS AND RESTORATION Sec. 511. The conferees agree to a provision able to agencies for travel to also be used for The conference agreement appropriates proposed by the Senate which authorizes the quarters allowances and cost-of-living allow- $11,325,000 for repairs and restoration of Ar- use of unobligated balances for certain pur- ances. chives facilities as proposed by the Senate poses, providing that such requests be made Section 606. The conferees agree to con- instead of $10,450,000 as proposed by the in compliance with reprogramming guide- tinue a provision prohibiting the Govern- House. The conferees have not included lan- lines. ment, with certain specified exceptions, from guage proposed by the Senate delaying the Sec. 512. The conferees agree to include a employing non-U.S. citizens whose posts of availability of $2,000,000 of the funds until provision as proposed by both the House and duty would be in the continental U.S. September 30, 1999. Senate which prohibits the use of funds for Section 607. The conferees agree to con- The conference agreement includes lan- the White House to request official back- tinue a provision authorizing agencies to use guage proposed by the Senate providing ground reports without the written consent funds to pay GSA bills for renovations and $875,000 for a requirements study and design of the individual who is the subject of the re- other services. of a facility in Anchorage, Alaska. port. Section 608. The conferees agree to con- NATIONAL HISTORICAL PUBLICATIONS AND Sec. 513. The conferees have included lan- tinue a provision allowing agencies to fi- RECORDS COMMISSION guage which provides that funds provided in nance the costs of recycling and waste pre- vention programs with proceeds from the GRANTS PROGRAM this Act may be used to initiate or continue projects or activities, to the extent nec- sale of materials recovered through such pro- The conference agreement appropriates essary, consistent with existing agency grams. $10,000,000 for the Grants Program of the Na- plans, to achieve Year 2000 (Y2K) conversion Section 609. The conferees agree to con- tional Historical Publications and Records to ensure adequate funding until such time tinue a provision providing that funds may Commission instead of $6,000,000 as proposed as supplemental appropriations are made be used to pay rent and other service costs in by the House and $11,000,000 as proposed by available for that purpose. The language also the District of Columbia. the Senate. Section 610. The conferees agree to con- The conferees have included language de- includes a provision which requires agencies tinue a provision prohibiting the use of ap- laying the availability of $4,000,000 of the that use funds appropriated in this Act for propriated funds to pay the salary of any funds until September 30, 1999, instead of Y2K conversion activities to restore funds to $5,500,000 as proposed by the Senate. the program, project, or activity from which nominee after the Senate voted not to ap- The conferees have agreed to provide the funds were obligated when supplemental prove the nomination. $4,000,000 for a grant to the Center for Jewish appropriations for Y2K conversion activities Section 611. The conferees agree to con- History instead of $5,000,000 as proposed by are made available. tinue a provision precluding the financing of the Senate. The conferees note, however, Sec. 514. The conferees agree to include a groups by more than one Federal agency ab- that a single grant of this size is far beyond provision which provides for the appoint- sent prior and specific statutory approval. the scope of activities normally undertaken ment and reappointment of Staff Director Section 612. The conferees agree to con- by the National Historical Publications and and General Counsel of the Federal Election tinue a provision authorizing the Postal Records Commission. For example, the Com- Commission as proposed by the House in the Service to employ guards and give them the mission expects to fund, in whole or in part, House-reported bill, instead of language pro- same special police powers as GSA guards. 103 proposals with the $5,500,000 provided in posed by the Senate. Section 613. The conferees agree to con- fiscal year 1998. Therefore, the conferees Sec. 515. The conferees agree to include a tinue a provision prohibiting the use of funds agree that the funds provided for the Center provision authorizing the payment of attor- for enforcing regulations disapproved in ac- for Jewish History represent the total to be neys’ fees, costs and sanctions by the Fed- cordance with the applicable law of the U.S. provided from this account. eral government in the case Association of Section 614. The conferees agree to con- tinue a provision limiting the pay increases UNITED STATES TAX COURT American Physicians and Surgeons, Inc. v. Clinton from the White House Office Salaries of certain prevailing rate employees. SALARIES AND EXPENSES and Expenses account, as proposed by the Section 615. The conferees agree to con- The conference agreement appropriates House in the House-reported bill. tinue a provision limiting the amount of $32,765,000 for the United States Tax Court as Sec. 516. The conferees agree to include a funds that can be used for redecoration of of- proposed by the Senate instead of $34,490,000 new provision authorizing the use of fifty fices under certain circumstances. as proposed by the House. percent of the fiscal year 1997 unobligated Section 616. The conferees agree to modify TITLE V—GENERAL PROVISIONS balances available to the White House Sala- a provision prohibiting the expenditure of THIS ACT ries and Expenses account for the purposes of funds for the acquisition of additional law Sec. 501. The conferees agree to continue to partially satisfying the conditions of Section enforcement training facilities. limit the expenditure of appropriated funds 515. Section 617. The conferees agree to con- to the current year, unless otherwise des- Sec. 517. The conferees have agreed to in- tinue a provision to allow for interagency ignated. clude language which makes technical cor- funding of national security and emergency Sec. 502. The conferees agree to continue to rections to the Morris K. Udall Scholarship telecommunications initiatives. limit funding for consulting services. and Excellence in National Environmental Section 618. The conferees agree to con- Sec. 503. The conferees agree to continue to and Native American Public Policy Act of tinue a provision requiring agencies to cer- prohibit the use of funds prohibiting the en- 1992. tify that a Schedule C appointment was not forcement of Sec. 307 of the 1930 Tariff Act. Sec. 518. The conferees have agreed to in- created solely or primarily to detail the em- (Sec. 307 bans imported goods produced by clude a new provision regarding cost ac- ployee to the White House. slave/forced labor). counting standards to contracts under the Section 619. The conferees agree to con- Sec. 504. The conferees agree to continue FEHBP. tinue a provision requiring agencies to ad- the prohibition on transfer of control over minister a policy designed to ensure that all TITLE VI—GENERAL PROVISIONS FLETC. of its workplaces are free from discrimina- Sec. 505. The conferees agree to continue to DEPARTMENTS, AGENCIES, AND CORPORATIONS tion and sexual harassment. protect civilian employee rights following Section 601. The conferees agree to con- Section 620. The conferees agree to con- assignment with the Armed Forces. tinue a provision authorizing agencies to pay tinue a provision prohibiting the use of funds H9244 CONGRESSIONAL RECORD — HOUSE October 1, 1998 for travel expenses not directly related to of- Section 638. The conferees agree to a new rebates to support the Joint Financial Man- ficial governmental duties. provision requiring the OMB to do an ac- agement Improvement Program. Section 621. The conferees agree to a new counting statement and associated report on Section 653. The conferees agree to a new provision providing that no adjustment shall the cumulative costs and benefits of Federal provision addressing use of accrued leave as take effect in fiscal year 1999 in the rates of regulatory programs, as proposed by the it applies to Senior Executive Service reduc- basic pay for the statutory pay systems Senate and make this provision applicable tion in force actions. under section 5303 of title 5, United States for one year only. Section 654. The conferees agree to a new Code. Section 639. The conferees agree to con- provision directing agencies to assess the Section 622. The conferees agree to con- tinue a provision providing that no funds impact of Federal regulations and policies on tinue a provision which prohibits the use of may be expended to provide an employee’s families. appropriated funds in this or any other Act home address to a labor organization except Section 655. The conferees include a new to acquire information technology which when the employee has authorized such a provision relating to the application of 18 does not comply with part 39.106 (Year 2000 disclosure or such disclosure has been or- U.S.C., Section 922(t). compliance) of the Federal acquisition regu- dered by a court of competent jurisdiction. lations. Section 640. The conferees agree to con- Section 656. The conferees agree to a new Section 623. The conferees agree to con- tinue a provision authorizing the Secretary provision addressing contraceptive coverage tinue the provision prohibiting the importa- of the Treasury to establish scientific cer- in health plans participating in the FEHB tion of any goods manufactured by forced or tification standards for explosives detection program. indentured child labor. canines. The conferees delete a provision included Section 624. The conferees agree to modify Section 641. The conferees agree to con- by the House prohibiting the use of appro- a provision which prohibits the use of funds tinue a provision prohibiting the use of ap- priated funds for new nonpostal commercial for Sunday premium pay to an employee un- propriated funds to provide nonpublic infor- activities or pack and send services. less the work was actually performed. mation such as mailing or telephone lists to The conferees delete a provision included Section 625. The conferees agree to con- any person or organization outside of the by the Senate prohibiting the acquisition of tinue a provision which prohibits the use of Government. products produced by forced or indentured funds to prevent Federal employees from Section 642. The conferees agree to con- child labor. communicating with Congress or to take dis- tinue a provision prohibiting funding for The conferees delete a provision included ciplinary or personnel actions against em- publicity or propaganda purposes not author- ployees for such communication. by the Senate authorizing agencies to pro- ized by Congress. vide child care in federal or leased facilities. Section 626. The conferees agree to a new Section 643. The conferees agree to a new provision that provides additional flexibility This issue is addressed in Title VII of this provision that directs the U.S. Marshals Act. relating to the FTS 2000 contract. Service to conduct a quarterly threat assess- Section 627. The conferees agree to a new The conferees delete a provision included ment on the Director of the Office of Na- provision to protect Federal law enforce- by the Senate expressing a sense of Congress tional Drug Control Policy upon which the ment officers who intervene in certain situa- that a postal stamp be created to commemo- Director’s security needs will be based. rate Oskar Schindler. tions. Section 644. The conferees agree to a new Section 628. The conferees agree to a new provision to expand section 636 of the Treas- The conferees delete a provision included provision reforming Federal firefighters ury, Postal Service and General Government by the Senate prohibiting the use of any overtime pay. Appropriations Act, 1997 (Public Law 104–208) funds in this Act to pay for abortions or ad- Section 629. The conferees agree to a new ministrative expenses of any FEHBP plans provision requiring a joint review by the De- to include the judicial branch. Section 645. The conferees agree to a new which provide abortion benefits. This provi- partment of the Treasury, the Department of provision directing employees to use ‘‘offi- sion is addressed in Section 509. Justice, and the Office of National Drug Con- cial time’’ in an honest effort to perform of- The conferees delete a provision included trol Policy on the coordination of Southwest ficial duties. The conferees agree that this by the Senate authorizing the expenditure of border counter drug activities. funds for abortions under the FEHBP if the Section 630. The conferees agree to a new section does not affect the rights and respon- life of the mother is in danger or the preg- provision that provides that for fiscal year sibilities under Chapter 71 of title 5, United nancy is the result of an act of rape or in- 1999 and each fiscal year thereafter, each ex- States Code. cest. This provision is addressed in Section ecutive agency of the Federal government Section 646. The conferees agree to a new 510. shall make available at a minimum $50,000 provision providing monetary relief to im- for expenses necessary to carry out a porters whose legally purchased goods were The conferees delete a provision included flexiplace work telecommuting program. denied entry upon arrival because of changes by the Senate requiring any Senate or House Section 631. The conferees agree to a new in official policy. bill or joint resolution of a public character provision to amend permanent law to make Section 647. The conferees agree to a new to include a detailed analysis of the poten- Senior Executive Service Presidential provision regarding pay for Federal employ- tial impact of such legislation on family Awards based upon base salary percentages ees. The conferees anticipate that the Presi- well-being and on children. of 20 percent (for ‘‘Meritorious Awards’’) and dent will issue an Executive Order allocating The conferees delete a provision included 35 percent (for ‘‘Distinguished Awards’’) the 3.6 percent pay increase between an in- by the Senate authorizing $420,000,000 in rather than the current dollar amounts. crease in rates of basic pay for the statutory emergency funding for the Strategic Petro- Section 632. The conferees agree to a new pay systems under section 5303 of title 5, leum Reserve. provision to increase the formula used to United States Code, and increases in com- The conferees delete a provision included calculate the aggregate amount available for parability-based locality payments for Gen- by the Senate expressing the sense of Con- performance awards to 10 percent of the Sen- eral Schedule employees under section 5304. gress that a postal stamp be created to honor ior Executive Service pool or 20 percent of The conferees have not made the language the 150th Anniversary of Irish immigrants to the average of annual rates of basic pay. more specific so that the President may ex- the United States. ercise his discretion to distribute any Section 633. The conferees agree to a new The conferees delete a provision included provision regarding U.S. Government par- amount allocated for comparability-based lo- cality payments in the most appropriate by the Senate authorizing the Community ticipation in the Universal Postal Union. and Postal Participation Act of 1998. Section 634. The conferees agree to con- fashion among the pay localities established tinue a provision requiring the President to by the President’s Pay Agent. The conferees delete a provision included certify that no persons responsible for ad- Section 648. The conferees agree to a new by the Senate waiving Section 611 of this ministering the Drug Free Workplace Pro- provision requiring the Postal Rate Commis- title to permit interagency funding of the gram are themselves the subject of random sion to submit an annual report to Congress National Bioethics Advisory Commission. drug testing. regarding international mail rates. The conferees delete a provision included Section 635. The conferees agree to modify Section 649. The conferees agree to a new by the Senate to permit the interagency a provision prohibiting Federal training not provision to extend the sunset date for Sec- funding of the National Science and Tech- directly related to the performance of offi- tion 2(f)(2) of the Undetectable Firearms Act nology Council. cial duties. of 1988 (18 U.S.C. 922 note) from 10 to 15 The conferees delete a provision included Section 636. The conferees agree to con- years. by the Senate allowing amounts appro- tinue a provision prohibiting expenditure of Section 650. The conferees agree to a new priated in this Act to be transferred to the funds for implementation of agreements in provision to direct the Customs Service, in FLETC ACIRE account. The conferees ad- nondisclosure policies, without ‘‘Whistle- consultation with the U.S. Trade Represent- dress this appropriation in Title I of this blower’’ protection clauses. ative and the Department of Commerce, to Act. Section 637. The conferees agree to con- report on the importation of certain grains. tinue a provision which prohibits executive Section 651. The conferees agree to a new TITLE VII—CHILD CARE IN FEDERAL branch agencies from the use of appropriated provision to designate the Eugene J. McCar- FACILITIES funds for publicity or propaganda purposes thy Post Office Building. The conferees agree to include and modify to support or defeat legislation pending be- Section 652. The conferees agree to a new a new title dealing with child care in Federal fore Congress. provision authorizing the use of credit card facilities, as proposed by the Senate. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9245

TITLE VIII—TECHNICAL AND may have 5 legislative days within Mr. MURTHA. Mr. Speaker, BUD CLARIFYING AMENDMENTS which to revise and extend their re- SHUSTER and I came to Congress about The conferees agree to delete a new title marks on the special order to follow. the same time, and JOE MCDADE at authorizing the Office of National Drug Con- The SPEAKER pro tempore. Is there that time was a legend. He came 10 trol Policy proposed by the Senate and in- objection to the request of the gen- years before we came to Congress, and stead insert a new title regarding adminis- tration of the DC Retirement Trust Fund. tleman from Pennsylvania? he has dedicated himself not only to There was no objection. the people of Pennsylvania, but to the TITLE IX—HAITIAN REFUGEE Mr. SHUSTER. Mr. Speaker, I rise IMMIGRATION FAIRNESS ACT OF 1998 people of this Nation. today to honor JOE MCDADE, one of our The conferees agree to language addressing JOE and I feel that our finest hour the immigration status of Haitians pre- colleagues, indeed, one of the most il- since we have been in Congress was viously paroled into the United States, as lustrious colleagues many of us have when we were the chairman and rank- proposed by the Senate. had the privilege to serve with in this ing member of the appropriations sub- CONFERENCE TOTAL—WITH Congress. committee on defense during the war. COMPARISONS As we know, JOE is retiring after 18 Everything that happened during the The total new budget (obligational) au- terms in the Congress, 36 years of serv- war, we worked on, we had something thority for the fiscal year 1999 recommended ice to our country. Indeed, JOE to do with it. Before that, we made by the Committee of Conference, with com- MCDADE is an extraordinary person, an sure the appropriations were available parisons to the fiscal year 1998 amount, the extraordinary Pennsylvanian, an ex- to have the readiness that was nec- 1999 budget estimates, and the House and traordinary American. He is one of the Senate bills for 1999 follow: essary for that war to be carried out to most highly respected Members of this the tremendous conclusion it was car- New budget (obligational) Congress, and for good reason. JOE ried out to. Both of us supported authority, fiscal year MCDADE, if he has been anything here, George Bush, President Bush, in every- 1998 ...... $25,325,767,500 he has been a builder. He has been a Budget estimates of new thing that he did, and I think we (obligational) authority, positive force, not only for his district played a major role in getting the au- fiscal year 1999 ...... 26,839,489,000 and for the Commonwealth of Pennsyl- thorization to go to war and the appro- House bill, fiscal year 1999 26,614,669,000 vania, but for the United States of priations necessary for that to be car- Senate bill, fiscal year 1999 29,923,612,000 America. ried out adequately. Conference agreement, fis- JOE MCDADE has made an imprint But, just as important as that is the cal year 1999 ...... 26,772,527,000 which will last for generations. Indeed, Conference agreement impact JOE MCDADE has had in this compared with: as a senior member of the Committee Congress with withstanding the pros- New budget on Appropriations, JOE MCDADE was ecution by the Justice Department, the (obligational) author- deeply involved in providing for the unfair prosecution. ity, fiscal year 1998 ...... +1,446,759,500 strong national defense which was so They came to his home and for six Budget estimates of new crucial in leading to our winning the years they harassed him. They tried to (obligational) author- Cold War. As a member of that Com- get him to give in. ity, fiscal year 1999 ...... ¥66,962,000 House bill, fiscal year mittee on Appropriations, as well as They had a frivolous case. They 1999 ...... +157,858,000 his service on other committees, JOE leaked information. I sat beside JOE Senate bill, fiscal year MCDADE was deeply involved in the MCDADE, as the rest of us did in Penn- 1999 ...... ¥3,151,085,000 economic development, not only of his sylvania. We knew that any charges JIM KOLBE, district, but of Pennsylvania and the they brought against him would be ERNEST ISTOOK, Nation. frivolous and that it would be inad- ANNE M. NORTHUP, Mr. Speaker, we honor JOE MCDADE equate, and we knew JOE, how honest BOB LIVINGSTON, here today because he is so deserving of he was. In all the years that he served JOSEPH MCDADE the honor, and, not only the honor, but on the defense subcommittee, which (except for section the respect and the gratitude of not had as much as $300 billion in it, never 656), only the Members of this body, but of once did he try to get something done STENY H. HOYER, the entire country, and certainly of for financial reasons. Everything he did CARRIE P. MEEK, Pennsylvania and his beloved Congres- was what was good for the country. DAVID E. PRICE, sional District. So when they finally indicted him, DAVID R. OBEY (except for section JOE MCDADE has been through some the charges absolutely would have been 514 on FEC), grossly unfair times, but he has devastating to the House of Represent- Managers on the Part of the House. emerged unscathed; not only un- atives. If he had been convicted, it scathed, he has not only survived, he would have meant that every campaign BEN NIGHTHORSE has prevailed, and he has prevailed CAMPBELL, contribution was considered a bribe. If RICHARD SHELBY, with the blessing and the respect and he had been convicted, it meant that LAUCH FAIRCLOTH, the support of everyone who knows every honorarium would have been TED STEVENS, him. His honor, his integrity, his char- considered an illegal gratuity. The im- HERB KOHL acter shines as an example to all of us. pact it would have had on the Congress (with exception to So we salute this giant, and we sa- would have been chilling. section 514), lute his wife, Sarah, and his family, The Justice Department was trying BARBARA A. MIKULSKI and we say Godspeed, because we know to intimidate the House of Representa- (with exception to JOE will have many, many months and tives, and JOE MCDADE withstood this section 514), years of opportunity to continue not tremendous pressure. It affected his ROBERT C. BYRD (with exception to only enjoying the fruits of his labor, health, it affected him emotionally, section 514), but of continuing to make a contribu- and it affected him physically. I Managers on the Part of the Senate. tion to his state and to the country. watched him endure this. He and Sarah f So I would conclude by saying to our put up with this tremendous challenge, colleague, JOE MCDADE, that as long as and they overcame it. TRIBUTE TO THE HONORABLE JO- our Pennsylvania mountains turn When it went to the jury, the jury de- SEPH M. McDADE, MEMBER OF green in the springtime and as long as cided in a couple of hours that the CONGRESS our rivers run down to the ocean, your whole case was frivolous, that what The SPEAKER pro tempore. Under impact will be felt by future genera- they were doing was outrageous, and the Speaker’s announced policy of Jan- tions of Pennsylvanians and of Ameri- the procedures were outrageous. I am uary 7, 1997, the gentleman from Penn- cans, because you, JOE MCDADE, have proud to say that the House of Rep- sylvania (Mr. SHUSTER) is recognized made a positive impact for the future resentatives passed overwhelmingly a for 60 minutes. of our country. bill to force the Justice Department to GENERAL LEAVE I am pleased to yield to the distin- follow the ethics of the states that Mr. SHUSTER. Mr. Speaker, I ask guished senior Democrat of our Penn- they are practicing in, and certainly unanimous consent that all Members sylvania delegation (Mr. MURTHA). that is not too much to ask. H9246 CONGRESSIONAL RECORD — HOUSE October 1, 1998

But think what he has done in pro- down the gauntlet. Needless to say, JOE son and for his public service. They tecting the House of Representatives. got things done. have memorialized that throughout The ordinary citizen cannot raise $1 His latest accomplishment and exam- that district with McDade Park, the million to protect themselves. The or- ple of his natural leadership came in McDade Highway, and on and on. Mr. dinary citizen has to give in. Why in the fiscal year 1999 Energy and Water Speaker, he will live for centuries to some cases does the Justice Depart- Development Appropriations bill, just come because of his good efforts. ment brag about a 98 percent convic- finished, where he serves as the Sub- Mr. Speaker, we are working to- tion rate? Because people have to give committee Chairman. I can say that gether, I hope, to see that a further in. They have to compromise. They go given the circumstances he had to en- tribute be paid to our great friend and after the sons or daughters of the fami- dure this year, the 1999 bill was the fin- our great Congressman and an out- lies with unjust situations. est we have seen brought to the floor. standing Member of this House, and my JOE MCDADE is one of the finest peo- He certainly saved his best for last. good friend, JOE MCDADE. ple to ever have served in this great in- In closing, I will simply say it has Mr. SHUSTER. Mr. Speaker, I thank stitution. We are at the pinnacle of been an honor, a pleasure, to serve the gentleman. As he well knows, we power. This country right now is the with the gentleman from Pennsyl- are indeed working on a further tribute most influential it has ever been, eco- vania. He has given us leadership, he for the distinguished gentleman from Pennsylvania (Mr. MCDADE). nomically and militarily, and we can has given us courage, and an over- I am pleased to yield to the gen- be proud to say, myself and those who whelming devotion to the American tleman from California (Mr. LEWIS). have served with JOE MCDADE, what an people for nearly four decades, and this Mr. LEWIS of California. Mr. Speak- outstanding American he is and what a institution will not be the same with- er, I very much appreciate my col- tremendous service he has done to this out JOE MCDADE. league yielding and taking a moment country and to this great House of Rep- Whatever his endeavors in the future, to speak about our dear friend, JOE resentatives. we know that it will always display the MCDADE. I would like to mention 3 ele- Mr. SHUSTER. Mr. Speaker, I am same compassion, understanding and ments of my own relationship. I would pleased to yield to the distinguished devotion, as he always has here in this like to mention a bit about JOE gentleman from Kentucky (Mr. ROG- body. MCDADE as a leader, a bit about him as ERS). We wish JOE MCDADE and his family a professional, and a bit about him as Mr. ROGERS. I thank the gentleman all the best, and we will truly miss him a friend. for yielding. here. Mr. Speaker, I must say that there Mr. Speaker, I rise also to pay trib- Mr. SHUSTER. Mr. Speaker, I yield are many in Washington over the years ute to our friend, a true patriot, a true to the distinguished Congressman from who inspire. Few in my lifetime in pub- statesman, a man we are all proud to Pennsylvania, Mr. KANJORSKI. lic affairs have been more inspiring call our friend, the gentleman from Mr. KANJORSKI. Mr. Speaker, I rise than JOE MCDADE. He is a leader’s lead- Pennsylvania, Mr. JOE MCDADE. In his today as a Member of Congress that er. service for his district for 18 terms, a shares a common border with the 10th In California in one of our great remarkable span of over 35 years, he district in northeastern Pennsylvania. buildings there is inscribed, ‘‘Bring me has provided a source of inspiration for The name ‘‘JOE MCDADE’’ is famous. As men to match my mountains,’’ and if many of us, including this Member, in a matter of fact, he came to this Con- there is a man who matches anybody’s the initiatives and policies he has pur- gress as the immediate successor to the mountain, it is Congressman JOE sued and the way in which he has done Honorable William Scranton, who later MCDADE. For all of these years, holding so. Whether it was his focus to create went on to become an outstanding Gov- nearest to his heart the importance of new and better opportunities to the ernor of Pennsylvania and the United this institution and making certain small businesses in his area, or his ef- States representative to the United Na- that the institution remained as strong forts to protect and restore the envi- tions. JOE MCDADE followed in his tra- or much stronger than before he ronment, or his pursuit to secure funds dition, and for 36 years has been as an dreamt of coming to the Congress him- for hospitals, highways and schools, individual more responsible for the self. JOE MCDADE has led by example. economic recovery of his district and As a professional, he has been an in- Of particular interest to this member northeastern Pennsylvania than any spiration for me in my committee work and the constituents I represent has other Member. over the years. I will never forget the been JOE’s dogged determination to Joint Chiefs of Staff when JOE took b fund environmental infrastructure, 1830 them on a tour of the world regarding providing millions of dollars for water He also, in the course of his service personnel, and he knew more about and sewer improvements, flood control, to his constituents, raised bipartisan- that subject than anybody in the room. abandoned mine stabilization and the ship to a new level. An immediate pred- He was an inspiration to those who like. Many of us take for granted these ecessor of mine was the honorable Dan- would but learn by listening to him as commonalities of clean water and mod- iel Flood, and JOE came as a junior a leader. ern wastewater treatment facilities, member to Congressman Flood, but to- As I friend, I cannot match JOE as a friend anywhere, one of the great men but I can tell you firsthand what a dif- gether worked for the benefits of of the Congress who I am proud to say ference these initiatives make in peo- northeastern Pennsylvania, to such an extent that in 1972 when Flood Agnes is my very dear friend. ple’s lives. An effort such as these can Mr. SHUSTER. Mr. Speaker, I thank struck northeastern Pennsylvania’s literally turn the tide against unem- the gentleman. ployment, with good paying jobs, local Wyoming Valley, it was not one Con- I am pleased to yield to the distin- citizens working better, and creating gressman that represented the 11th dis- guished gentleman from Pennsylvania the environment that people are proud trict, Dan Flood, that worked alone; it (Mr. HOLDEN). to call home. was two Congressmen. The people of Mr. HOLDEN. Mr. Speaker, I am We could go on and on about JOE’s my district will always be in debt to pleased to join with my colleagues to- accomplishments, but I believe his the honorable JOE MCDADE. night to pay tribute to our good friend, record speaks for itself. For me it has Mr. Speaker, I may say for my col- JOE MCDADE. It has been said, and we been within the inner workings of the leagues, those of them who have not all know what honor and distinction Committee on Appropriations where had the honor and privilege of visiting JOE MCDADE has served with for 36 JOE has served since 1965 that we have JOE’s district of northeastern Pennsyl- years, and what he has done for this come to know him best. But whatever vania, take an opportunity and also country and for Pennsylvania and for his subcommittee assignment, JOE pro- take a lesson. Anywhere you travel in his district. But what I will always re- vided leadership when we needed it in a the 10th congressional district of Penn- member is how JOE MCDADE helps all bipartisan fashion. When compromise sylvania and you mention the name of us help our constituents. was needed, JOE was there to broker JOE MCDADE, whether it be Republican, I will just give my colleagues two ex- the deal. Likewise, when a firm hand Democrat or Independent, there is only amples. JOE MCDADE and PAUL KAN- was needed, JOE was there to throw high respect to the individual as a per- JORSKI and myself have the great honor October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9247 of representing the anthracite coal that day when they acknowledged that is one of the most respected Members fields of northeastern Pennsylvania. he was the long ball hitter, we here to- of this body, and I greatly admire and There was a time when coal was king. night say, he hit the long ball for respect him. I know every other man That is no longer true, but we have a Pennsylvania throughout all of his ten- does too, and woman, of this body. lot of hard working miners in our 3 dis- ure in the House of Representatives. JOE, we just wish you Godspeed. I tricts, primarily mine and PAUL’s, not Mr. SHUSTER. I thank the gen- think that you are not the type of per- so much JOE’s anymore. JOE realized tleman. I am pleased to yield to the son that just goes and retires in a rock- that this was a clean-burning fuel, and distinguished gentleman from Pennsyl- ing chair. You will seek a new career it was something that we needed to vania (Mr. MASCARA). and you will be a great success, be- help maintain and sustain and create Mr. MASCARA. Mr. Speaker, I thank cause you are a great man and a great jobs and through his efforts on the the chairman for yielding and allowing American, and we salute you, sir. Subcommittee on Defense Appropria- me to honor Congressman MCDADE. Mr. SHUSTER. Mr. Speaker, I am tions, we were able to find alternative Mr. Speaker, as this Congress comes pleased to yield to the gentleman from markets that helped the miners of to a close, we will be saying our fond Pennsylvania (Mr. DOYLE). Schuylkill and Northumberland and farewells to one of this institution’s Mr. DOYLE. Mr. Speaker, I rise Lackawanna Counties. And my con- finest legislators, JOSEPH MCDADE. As today to express my sincere admiration stituents in Northumberland County the longest serving Member of his and great fondness for Representative on the Susquehanna River who are con- party and the most senior Member of JOE MCDADE. It is clear from the num- stantly in peril of flooding, and in the the Pennsylvania delegation, JOE ber of Members who have gathered here winter of 1996 found themselves facing MCDADE has made a lasting contribu- this evening to pay tribute to JOE that difficult situations and a serious flood tion to this institution. he will not just be missed by one party situation. Through the help of our good From his ranking position as vice or the delegation of one State, but by friend, my good friend, JOE MCDADE, chairman of the Appropriations Sub- a vast and diverse group of people. we were able to secure funds for flood committee on Defense, JOE MCDADE As a Member who personally strives control that helped the City of pressed for a stronger defense to match to put progress above partisanship, I Sunbury and the Borough of North- the Soviet military buildup of the consider myself extremely fortunate to umberland, as well as the Borough of 1980s. He has also worked hard helping have had the opportunity to work with Milton. constituents devastated by the closing and, more importantly, to learn from, So JOE, on behalf of the constituents of coal mine operations to find new ca- JOE MCDADE as well as JACK MURTHA, of the 6th congressional district, reers through job training and in- both of whom have an outstanding rep- thanks for all you do for all of us. creased local investment. The Univer- utation in this regard. Mr. SHUSTER. Mr. Speaker, I yield sity of Scranton, in his hometown, has The list of accomplishments that to the distinguished gentleman from honored his commitment to the com- have been amassed since JOE was elect- Pennsylvania (Mr. GEKAS). munity by dedicating the Joseph M. ed to the U.S. House of Representatives Mr. GEKAS. Mr. Speaker, I thank McDade Center of Technology after its in 1962 is both long and impressive. the gentleman for yielding. It is true in proud son. Equally impressive is the list of accom- the early 1960s, a handsome guy from JOE MCDADE has always devoted plishments that JOE has helped other Scranton was elected to the House of much of his time to the Washington Members to achieve. JOE, I cannot Representatives. He came from a great D.C. community, serving as a trustee thank you enough for the concern that family, a great background, beloved of of the Kennedy Center, the National you have shown for the interests of the the area and the community, well- Cultural Center, and also as a member 18th congressional district. Locks and known in all of Pennsylvania. Of of the board of trustees of the Ford’s dams 2, 3 and 4 on the Monongahela course I am speaking of Bill Scranton. Theatre. The Pennsylvania delegation River, DOE initiatives and the Pitts- And then, when Bill finished his distin- will greatly miss the friendship and burgh supercomputer, just to name a guished service here in the House of leadership that JOSEPH MCDADE pro- few. Representatives, we drafted him to be- vided throughout his lifetime of service Without question, JOE, your presence come governor of Pennsylvania. Lo and in the House of Representatives. will not be easily replaced. I will miss behold, the mold that he had set, Bill Mr. Speaker, I can say as a Member you both personally and professionally, Scranton had, was filled immediately of the 104th Congress, one of 13, JOE, and I wish you and your family, your by JOE MCDADE who, with his you have made me feel welcome, and wife, Sara and your children, Joseph, gentleness, his ability to work with when I had a project that needed some Aileen, Deborah, Mark and Jared, all people, has accomplished all of the help, you did not care whether I was a the best. JOE, take care and God bless. matters to which reference has been Democrat or not, and I will never for- Mr. SHUSTER. Mr. Speaker, I am made here this evening with which I get that. JOE, I wish you Godspeed, and pleased to yield to the distinguished concur. God bless you. gentleman from Pennsylvania (Mr. But I think the real sign of the JOE Mr. SHUSTER. Mr. Speaker, I am WELDON). MCDADE that we all know and respect pleased to yield to the distinguished Mr. WELDON of Pennsylvania. Mr. came one day when, as I learned later, Chairman of the Committee on Rules Speaker, I thank my distinguished in a golf tournament involving Mem- (Mr. SOLOMON). leader from Pennsylvania for yielding, bers of the House, the contest for long- Mr. SOLOMON. Mr. Speaker, I thank and I rise to pay my personal respects est ball was in progress, and at the end the Chairman, the distinguished gen- to my leader and my mentor for the of the day it was announced that JOE tleman from Pennsylvania, because I past 14 years. I say 14 years, even MCDADE, little JOE MCDADE had the would like to take a few minutes. I do though I am only in my 6th term, be- longest drive, some 325 yards. This not have any prepared remarks either, cause if it were not for the gentleman went unheralded, because JOE MCDADE but when I came here 20 years ago, that we are honoring tonight, I prob- never bragged about his feats on the looking around this Chamber and won- ably would not be here. golf course. He was always quiet and dering who you can trust, who you can Back in the mid 1980s when my col- worked with people and never bragged take their word for, and when I looked leagues in Delaware County suggested I about anything. at JOE MCDADE and talked to you and consider running for Congress, I said, Well, that, to me, is how he operated others, because I served on your com- what does this entail? They said, we in the Congress of the United States. mittee when I first came here 20 years want you to go down to Washington He always hit the long ball, but always ago, and you said JOE MCDADE is a man and meet with this fellow named JOE with dignity, always with respect for of integrity, he is a man you can trust, MCDADE. Now, I had heard of JOE’s the other, always without heralding his he is a man that will always tell it like name and his reputation, but I had not efforts, always without seeking to take it is. It did not take long for that to had the honor to meet him. credit for it. prove true, because in all of the years I came to Washington and met with But here tonight, as we bestow our that I have had the privilege of work- him. He gave me some very wise advice tribute to him, as did the golfers on ing with that gentleman over there, he about campaigning and what it would H9248 CONGRESSIONAL RECORD — HOUSE October 1, 1998 take to win the seat, and while I did Mr. MOLLOHAN. Mr. Speaker, I am reasons. First of all, he is a wonderful not win the seat that year I lost by 400 pleased to join my colleagues today in gentleman, but secondly, you are going votes out of 249,000, I did come back the tribute to a great legislator and friend, to need him. It did not take me long to following year and, winning by 60,000, the gentleman from Pennsylvania (Mr. realize that I truly was going to need JOE took me under his wings. JOE MCDADE), of Pennsylvania’s 10th him. It was JOE MCDADE who got me a District. Scranton, the Scranton area, is going seat on the Committee on National Se- As other speakers have noted, the to lose just an outstanding legislator, curity because JOE was our point per- service of the gentleman from Pennsyl- but even more than that, we in the son on the committee on committees. vania (Mr. JOE MCDADE) has impacted Pennsylvania delegation are going to And it was over the first few years in his country and his district in a very lose one wonderful leader. It did not that committee that I saw JOE MCDADE powerful way. His is a distinguished ca- take me long to realize that if my busi- as a leader, not just on behalf of Penn- reer, and it has earned the admiration nesses were going to survive, having so sylvania, and not just on behalf of na- of Members on both sides of the aisle. many that deal with defense in my tional security, but a leader on behalf It is difficult in a few moments to area, I had better get to know the gen- of this country. give due credit to a Member’s service tlemen from Pennsylvania, Mr. JOE Without a doubt, Joe McDade has in this House, and it becomes particu- MCDADE and Mr. JOHN MURTHA, very had on the Republican side as much larly impossible when that service well. I can go next door and get trans- impact on the security of our Nation spans almost four decades, and is so portation, but I have to go a little fur- and the ability of our troops to respond full of accomplishments. ther away in order to get all of that around the world as any other single But I would like to note in particular kind of help. Member, certainly in my lifetime. That our appreciation for the gentleman The gentleman from Pennsylvania reputation continues today, and it will from Pennsylvania (Mr. MCDADE’s) (Mr. JOE MCDADE) became a real men- be very difficult for anyone in the Re- work on critical defense issues, for his tor of mine. There is one thing, how- publican Party to top. Working to- leadership in addressing national en- ever, that always surprised me about gether with our colleague, the gen- ergy problems, for his stewardship of JOE, which is that he speaks two lan- tleman from Pennsylvania (Mr. MUR- historical, cultural, and environmental guages. What always confused me is THA), JOE MCDADE and JACK MURTHA resources, for his success in stimulat- how could he get down there in the formed a team that has been unbeat- ing small business development, for his well and know which language to use, able in this institution. efforts to improve housing in rural but he never slipped up. He always used But, Mr. Speaker, as one looks to a areas, emphasizing the needs of the el- the correct language. person like JOE MCDADE, who not only derly, the handicapped, and low-income He is just one wonderful gentleman, was the key leader for our common- families, and for his focus on parks and and we are going to miss him, but more wealth in so many different areas, and recreation. importantly, the residents of the not just his role on the Committee on The record of the gentleman from Scranton area truly are losing an out- National Security where he was a key Pennsylvania (Mr. MCDADE) is one of standing legislator. I wish him the leader for Members on both sides of the solid achievement, and it is a com- best, and many, many years of happi- aisle, but as the gentleman from Penn- pliment to his constituents that they ness. Come back and tell us what we sylvania (Mr. MURTHA) said earlier, a have faithfully recognized the value of are doing wrong, get us straightened leader for us in the Congress to make his service. out. We know the gentleman will, in a sure the integrity of this institution For those of us who had the pleasure kind, gentle way. I thank the gen- would be forever retained. of working with him, it is no mystery tleman from Pennsylvania (Mr. JOE I think the greatest legacy of JOE why he is so effective. It is because of MCDADE) for his service to the country. MCDADE is something we all strive for his strong work ethic, his sharp intel- when we come here, and that is when Mr. SHUSTER. Mr. Speaker, I am lect, and his gentlemanly manner. we leave, what will people say about pleased to yield to the gentleman from That last trait is what I will remember us? Now, we are all considered politi- Pennsylvania (Mr. MCHALE). most about serving with the gentleman Mr. MCHALE. Mr. Speaker, when I cians, because that is our business. But from Pennsylvania (Mr. JOE MCDADE). arrived in the Congress some 6 years I think we all seek to attain the moni- I will always admire how he shows ago, the gentleman from Pennsylvania ker of statesman, and JOE, without a kindness, without fail, to everyone (Mr. JOE MCDADE) had already served doubt, has achieved that title. He is truly a statesman, because in around him. He is a model of congres- here for three decades. the 12 years I have been in Congress I sional courtesy, and it is a joy to work The gentleman from Pennsylvania with someone who is so good-natured, (Mr. JOE MCDADE) is present in the have never heard JOE MCDADE utter one bad word about any other Member so polite, so decent in every situation. Chamber as we speak this evening. I of this Congress, Republican or Demo- The gentleman from Pennsylvania say to the gentleman, I hope he has crat, irregardless of what that Member (Mr. JOE MCDADE) is, in every respect, some sense of not only the respect that might have done. the gentleman from Pennsylvania, and we feel toward him, but the deep affec- will be greatly missed by us all. As we tion we feel for him. b 1845 salute his service, we offer our warm Many Members of this House over a But likewise, in my 12 years in Con- wishes to him and his family, his love- period of time will, through their own gress, I have never heard any Member ly wife Sarah and their five children. actions, earn respect. We certainly of this institution, in either party, We thank the gentleman from Pennsyl- hope that to be the norm. No Member utter any disparaging comments about vania (Mr. MCDADE), and wish him our of this House is more beloved than the the gentleman from Pennsylvania (Mr. best always. gentleman is. When I first arrived here, JOE MCDADE). In fact, every time JOE Mr. SHUSTER. Mr. Speaker, I am I talked to the gentleman from Penn- MCDADE’s name is discussed, it is al- pleased to yield to the distinguished sylvania (Mr. MCDADE) on numerous ways in the context of a gentleman, a gentleman from Pennsylvania (Mr. occasions about the assistance that he leader, a friend, a true statesman; GOODLING). and the gentleman from Pennsylvania someone who has set the tone, and a Mr. GOODLING. Mr. Speaker, I (Mr. JOHN MURTHA) could give to me role model for every future official who thank the gentleman for yielding to and to my district before the Commit- will serve in this great institution. me. tee on Appropriations. I was a junior I thank my good friend and col- Mr. Speaker, when I came to the Con- member of the other party, and despite league, the gentleman from Pennsyl- gress of the United States, the gen- that fact, every time I needed help, the vania (Mr. JOE MCDADE), for being such tleman from Pennsylvania (Mr. JOE gentleman from Pennsylvania (Mr. JOE a friend and role model for all of us. MCDADE) was already a king on the MCDADE) was there. Mr. SHUSTER. Mr. Speaker, I am Hill. My dad said, you will want to get Mr. Speaker, I can speak in the next pleased to yield to the distinguished to know the gentleman from Pennsyl- few minutes about the tremendous con- gentleman from West Virginia (Mr. vania (Mr. JOE MCDADE). He said, you tribution the gentleman from Pennsyl- MOLLOHAN). will want to get to know him for two vania (Mr. JOE MCDADE) has made to October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9249 the University of Scranton, my father’s back that spending. Since America won this country, I am sure, will always alma mater. At that school, I say to the Cold War, we have saved a cumu- worship the gentleman from Pennsyl- the gentleman from Pennsylvania, as lative total of $1 trillion on Pentagon vania (Mr. JOE MCDADE). well as here in the halls of Congress, spending. We owe that, as well as the I want to say to the gentleman from there is a clear recognition of all that victory that preceded the peace divi- Pennsylvania (Mr. JOE MCDADE), God the gentleman has done. dend, to leaders, chief among whom is bless me for having crossed your path. I think back on the definition of the gentleman from Pennsylvania (Mr. I thank the gentleman. courage that was brought forward by JOE MCDADE). Mr. SHUSTER. Mr. Speaker, I am Ernest Hemingway, one of our great Mr. Speaker, I have had a chance to pleased to yield to the distinguished writers. Mr. Hemingway once said that go out to dinner with JOE and his fam- gentleman from Virginia (Mr. WOLF). courage is best defined as grace under ily, and in particular, his youngest son, Mr. WOLF. Mr. Speaker, I wanted to pressure. During the 6 years that I have who is just a shade older than my old- pay tribute to the gentleman from served with the gentleman from Penn- est. It is a lot of fun to see the family Pennsylvania (Mr. JOE MCDADE). I did sylvania (Mr. JOE MCDADE), there have side of the gentleman from Pennsyl- not know this was taking place. I hap- been times when, unjustly, he faced a vania (Mr. JOE MCDADE) and Sarah. I pened to look at the television in my great deal of pressure. He continued to cannot imagine, after having been in office. I just wanted to come over and perform his duties on behalf of the peo- politics as long as the gentleman has, pay my respects. ple of the 10th District of Pennsylvania that he can be so upbeat and provide so I was a staff member for a Repub- with unfailing consistency and dedica- much spirit to the rest of us, having lican Member of Congress years ago, tion. He has been courageous in the taken the body blows that are often Congressman Biester, and I always ad- truest sense of that word. traded in politics, survived them, but mired the gentleman from Pennsyl- I say to the gentleman from Pennsyl- excelled, in spite of them, to remain a vania (Mr. JOE MCDADE) then. Then I vania (Mr. JOE MCDADE), we will deeply gentleman, to remain humble, and to got a job as congressional relations as- miss him, not only as colleagues but as always keep his smile. That is the sistant to Secretary Rogers C.B. Mor- friends. We hold for him an unlimited strongest and best example the gen- ton. I remember, my first visit here on degree of personal affection. tleman can provide to every one of us. the Hill was to pay a courtesy call by Mr. SHUSTER. Mr. Speaker, I am The gentleman has served our coun- the office of the gentleman from Penn- pleased to yield to the distinguished try well, he has bettered this institu- sylvania (Mr. MCDADE) for Mr. Morton, gentleman from California (Mr. COX). tion, he has led by his example, he has who was then Secretary of the Interior. Mr. COX of California. Mr. Speaker, I left many friends. We love him very Mr. Speaker, I have learned a lot thank the gentleman for yielding. much. from the gentleman from Pennsylvania Mr. Speaker, I am so proud to be up Mr. SHUSTER. Mr. Speaker, I am (Mr. JOE MCDADE), and I have admired here with my colleagues on such a won- pleased to yield to the gentlewoman him. The gentleman from Pennsylvania derful occasion to pay tribute to the from Florida (Mrs. MEEK). (Mr. JOE MCDADE) lived, in some re- gentleman from Pennsylvania (Mr. JOE Mrs. MEEK of Florida. Mr. Speaker, I spects, in my congressional district for MCDADE). It has been mentioned that thank the gentleman from Florida. I a long period, in Arlington. Everything he came here so many years ago during was not aware that this was happening the gentlewoman from Florida (Mrs. the Kennedy administration. He was a this afternoon, and as God would have MEEK) said was exactly true. The gen- wonderful lawyer in private practice it, I passed through here after a mark- tleman has always had a great disposi- after having graduated from law school up and I saw the gentleman from Penn- tion, and I just want to second literally at Penn. sylvania (Mr. JOE MCDADE) sitting over everything that has been said, but kind He went to the University of Notre in the corner. of present my body here as a living tes- Dame, which befits his Irish back- I must say, Mr. Chairman, that the timony of my admiration and respect, ground. It is hard for me to pay tribute gentleman from Pennsylvania (Mr. JOE and look forward to really a good to that part of his background, inas- MCDADE) to me is sort of a renaissance friendship for many, many years to much as I am an alum of the Univer- man. He covers all aspects of what we come. May God bless you, JOE. sity of Southern California, and Notre do here in the Congress. He has a very Mr. SHUSTER. Mr. Speaker, I am Dame has, particularly in recent, I big heart for all people. pleased to yield to the gentleman from should say decades, whupped the Tro- I met the gentleman from Pennsyl- Arizona (Mr. PASTOR). jans. vania (Mr. JOE MCDADE) first when we Mr. PASTOR. Mr. Speaker, I too was What can we say about a man who served on the Subcommittee on Energy walking through the hall and heard the comes to Congress, serves 10 years as a and Water. Never have I worked with accolades that were given to the gen- Republican, and while he is picking up anyone with such a strong gentleness tleman from Pennsylvania (Mr. JOE the Republican nomination, wins the of purpose. He knew exactly the whole MCDADE). I have to tell the Members, I Democratic primary as a write-in? entire field. He did not mind sharing have to take at least a minute to let What can we say about someone who, with those of us who knew less. He was the gentleman from Pennsylvania and at this juncture, still more decades fair. He had good judgment. Most of the Speaker know that the gentleman later, can sit here on the floor and lis- all, Mr. Speaker, the gentleman from from Pennsylvania (Mr. JOE MCDADE) ten to Democrats and Republicans Pennsylvania (Mr. JOE MCDADE) is a is a great man. come up and praise not only what he very intelligent man, able to talk on Back in 1991 when I first came to has done for all of us, leading by exam- almost all the subjects and more that Congress, I did not know too much ple, being our friend, but what he has we know about. about Congress, nor did I know too done for the country? I love the gentleman from Pennsyl- many Members of Congress, except the One of my colleagues just mentioned vania (Mr. JOE MCDADE). I have seen ones from Arizona. However, there was that no one in Congress has done more him go through the ups and downs, and a gentleman here who shared a story, for the national security. For all those he is a man for all seasons. He can face who shared a smile, and shared some years that we had a military buildup, adversity and still do a job. He can face advice. the appropriators, the Committee on adversity and still smile and talk and I got to know the gentleman from Appropriations, was looked to to put shake hands with his colleagues. Pennsylvania (Mr. JOE MCDADE) a lit- money into the Pentagon in order to I am very, very sure, Mr. Speaker, tle bit. He went through some very win the Cold War, but we too little rec- that when the history of this Congress hard times, but I have to tell the Mem- ognize what they have done even more is written, the name of the gentleman bers, he is a man that, under adverse recently. from Pennsylvania (Mr. MCDADE) will situations, still kept a smile, kept the Since America won the Cold War, due be very high at the top of those who positive attitude, and was very friendly to the determination and leadership of achieve the kind of good will, the kind to everyone in this House. the gentleman from Pennsylvania (Mr. of working with others, that he has Mr. Speaker, I had the honor of being JOE MCDADE) and a handful of others done. He is a credit to this House. He is under the gentleman’s leadership in like him, we have been able to pare a credit to the Congress. The people of the Subcommittee on Energy and H9250 CONGRESSIONAL RECORD — HOUSE October 1, 1998

Water. I have to tell the Members that JOE is always there with that He brings to the House an institu- he was a leader for the entire commit- thoughtfulness, with that ability to tional memory that I think we all tee. He treated every Member with re- help us to get through to work out the value. He is a master mechanic of the spect. He treated every Member in the compromise, to make things work. It is process. He is also someone who has way that all of us want to be treated. that approach to government that has been willing to lend his wise counsel to I never saw him get cross, but I have inspired so many of us to try to cap- junior Members like me. to tell the Members that there were ture that same view and to continue JOE, I can remember a lot of projects many department heads from the De- that fine tradition that he has laid you and I have worked on together partment of Energy or Corps of Engi- down for all of us. where your advice has been critical to neers who would come and testify, and So, JOE, thank you for everything. my getting it done; first and foremost, he may not have agreed with them, but Both personally and as a citizen of the my getting on Ways and Means as a he was always, in a very positive man- United States, we owe you a great deal. freshman. I will always be grateful to ner, letting them know that their pol- Mr. SHUSTER. Mr. Speaker, I am you for your essential role in that. icy was not going to work in this Con- pleased to yield to the distinguished You have been a huge champion of all gress. gentleman from New York (Mr. HOUGH- of Pennsylvania. I will tell you, as long as I am in this body, I will aspire to be b 1900 TON). Mr. HOUGHTON. Mr. Speaker, I wish like JOE MCDADE. We already have, I have great admiration for JOE there were more discussions like this, though, one small thing in common, MCDADE. I wish him well. He served people from both sides of the aisle and that is we both had big shoes to fill this House well. Thank you, Mr. Chair- talking about positive things and talk- as freshmen, because we succeeded pop- man. ing about individuals like Congressman ular Members who were elected Gov- Mr. SHUSTER. Mr. Speaker, I am MCDADE. ernor. pleased to yield to the distinguished But I want to admonish Congressman There is a gentleman, JOE’s prede- gentleman from New York (Mr. MCDADE. You do not want to inhale ev- cessor, and who still is his constituent, WALSH). erything that has been said, because so who sent me a statement that I would Mr. WALSH. Mr. Speaker, I thank many nice things have been said about like to read because it encapsulates my the gentleman from Pennsylvania (Mr. you. sentiments about JOE MCDADE. He SHUSTER) for organizing this wonderful I look at Congressman MCDADE in a wrote: ‘‘JOE MCDADE is not only the tribute to our good friend and col- couple of ways. First of all, having best Congressman this District has league, the gentleman from Pennsyl- been in business so many years, the ever had but we think he is the best vania (Mr. MCDADE). one thing you want in a director or em- Congressman any District ever had!’’ The gentleman from California (Mr. ployee or a stockholder or somebody ‘‘He thinks deeply, he works hard and he gets things done in the right way.’’ COX) alluded to his Notre Dame back- when times are tough is somebody who ground and his Irish heritage. I too am Signed Bill Scranton. is going to be with you. And you do not I could not have said it any better of Irish heritage. This is a little bit know what it is. You do not know what myself. like an Irish wake, a lot more subdued you are going to ask of them, but you Mr. SHUSTER. Mr. Speaker, I am than a lot that I have been at. But the have a sense in their character that pleased to yield to the gentleman from good news is that the honoree is quite they are going to be there. New Jersey (Mr. FRELINGHUYSEN). alive and lively to hear these nice I know this personally because of a Mr. FRELINGHUYSEN. Mr. Speaker, things, and what a treat it is for all of situation that occurred, not only in I would like to thank the gentleman us. Mr. MCDADE’s State, but in mine in for yielding to me and to join with Congressman MCDADE got me started 1972 when we had Hurricane Agnes, and many of my colleagues in recognizing off on the Committee on Appropria- there was terrible flooding. The re- Congressman JOE MCDADE. tions. To this day, he still refers to me sponse from people like Mr. MCDADE For those of us who were lucky as ‘‘mayor,’’ having appointed me to and his associates was extraordinary. enough a week or so ago to attend the Subcommittee on the District of We literally could not have gotten JOE’s retirement dinner, the film that Columbia of the Committee on Appro- through that if it had not been for the was shown at that dinner captured you priations, and I had no idea what a efforts of the people up there who lived from your earliest days as a child challenge that would be. But he was al- and breathed it and understood it and throughout your entire public career. ways there with advice and counsel suffered through it. It made many of us new to this institu- along the way, as he has been on so So I do not think anybody in the area tion have a greater appreciation, not many things. that I represent will ever forget that. only for the institution, but for the Congressman MCDADE is a friend, not It is something to remember. It is major role you played in representing only of mine, but of my family. My something important to all of us. our Nation and most particularly the dad, Bill Walsh, who served with JOE The other thing is I have always felt State of Pennsylvania for so many back in the 1970s sends his regard and that we have a limited period of life, years. his best wishes. And JOE never hesi- and time is the most precious thing. I wanted to thank JOE MCDADE, a tates or forgets to ask about dad, and Many times, it is more important who wonderful Member of Congress for tak- he is doing quite well. you do something with than what you ing time out as a senior Member of the Congressman MCDADE is a man who do. The fact that we have been able to House to be a friend to a relatively new never forgot where he came from. He do something with you, JOE, has made Member of the House. I would like to has the same positive outlook about it all worth the ride. I thank you very thank him for his advice over 4 years life in spite of all of the difficulties much for that. as a Member of the House, but also for that you go through in public life, Mr. SHUSTER. Mr. Speaker, I am his advice even before I was sworn in as quick to smile, quick with advice, pleased to yield to the gentleman from a Member. thoughtful, serving on the Committee Pennsylvania (Mr. ENGLISH). Congressman MCDADE served as a on Appropriations and being in con- Mr. ENGLISH of Pennsylvania. Mr. Member of the House when my father ference meetings when things get hec- Speaker, I am deeply grateful for the Peter Frelinghuysen was a Member, tic and tense. chance to participate in this tribute. and I knew of him, made his acquaint- JOE always spoke with authority and JOE MCDADE has been a great friend to ance, and he befriended me and has with knowledge of the issues. If there all of us. He has been an institution been a wise advisor and counselor. is one thing that separates the wheat within this institution, and that is for I would also like to thank Congress- from the chaff in a legislative endeav- a variety of reasons. man JOE MCDADE for his perspective, or, it is when someone with authority JOE MCDADE is a great gentleman, as unique perspective on the appropria- and knowledge speaks. Everyone else has been noted here. For that reason, tions process and on the committee stops, and they listen because chances he has, almost unique in this institu- and for his leadership on that commit- are they are listening to find a way out tion, a set of warm relationships that tee, most particularly for his assist- of the thicket that they are in. cut across party lines. ance to my State of New Jersey and October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9251 other States as chairman of the Sub- him. That man did not run. I may have quality, and I know I can speak for many here committee on Energy and Water Devel- discouraged him, but he could not com- in the House today in saying how much we opment. pete; and he should not run for that will miss these qualities here in this chamber. I will particularly remember his ad- reason. Mr. LAFALCE. Mr. Speaker, it is never easy monition never to apologize for being JOE MCDADE, the Congressman of the to say ``farewell'' to a colleague, particularly to parochial, that in fact if one is not pa- 10th District is the exception, not the a friend with whom you have shared well over rochial on any committee as a Member rule. He has been extremely effective. twenty years of service in the House of Rep- of Congress, you will soon be replaced But on top of that, he has been kind. resentatives. by somebody who is parochial. He has been compassionate. He cares Congressman JOE MCDADE's 34 years of I would like to thank Joe as well, about his district, and he cares about service to the people of the 10th District of Congressman JOE MCDADE for taking his colleagues. As many have said, he Pennsylvania is, in itself, testimony to the high time out of his busy life to visit my has played a great influence in the de- esteem in which JOE is held. Having risen to district in New Jersey, the 11th Con- fense of this country, one of our most the level of fourth most senior Member in the gressional District, most particularly important issues we deal with. House, there are few Members in this Cham- the Picatinny Arsenal. Tobyhanna and JOE, I only regret that I did not have ber who know more about how this institution Picatinny in some ways are joined at more time to learn from you as I con- works and how it has changed over the years. the hip in terms of serving our national tinue to serve my District. Thank you Despite the differences in our party affili- defense. But your personal time and for being a friend and neighbor. ations, the close relationship I enjoy with JOE visit to the Picatinny Arsenal did a lot Mr. DICKS. Mr. Speaker, it is a pleasure for became much stronger during the years we to boost the morale of many thousands me to join my colleagues here in the House served together on the Small Business Com- of men and women who dedicate them- chamber today to honor and pay tribute to our mittee. The problems and concerns of the selves to the research and develop- good friend JOE MCDADE of Pennsylvania. I small business community in the Pennsylvania ment. certainly share many of the sentiments that heartland are much the same as those in Ni- Above all, I want to wish JOE and have been expressed today from the members agara Falls and the rest of my western New Sarah many happy years ahead and to of the Pennsylvania delegation, noting the York District. While we might not always vote say what a privilege it has been to enormous contributions JOE has made to the the same way on most issues, more often serve with you, as my father did for so state and to the 10th District. His legacy there than not, our concerns and interests within the many years in this body. will be monumental. But I would also like to Small Business Committee reflected a fun- Mr. SHUSTER. Mr. Speaker, I am remark that his contributions extend far be- damentally similar perspective and a shared pleased to yield to the distinguished yond the boundaries of the State of Pennsyl- desire to spur small business growth and de- gentleman from Pennsylvania (Mr. PE- vania. I have worked with him on the Appro- velopment. My relationship with JOE MCDADE was not TERSON), the newest Member of our priations Committee since I entered Congress Pennsylvania delegation. in 1977, and have come to appreciate his sin- just a professional one. On a personal note, Mr. PETERSON of Pennsylvania. Mr. cere interest in improving the lives of others, some of the best memories I will share with Speaker, I thank the gentleman from preserving our national heritage, and in main- JOE MCDADE result from the many conversa- tions we would have as we walked together Pennsylvania (Mr. SHUSTER) for giving taining a strong national defense. I have me this opportunity. served with JOE on the Defense and Interior back and forth from the House to our Con- gressional offices which, for a time, were Congressman JOE MCDADE, we thank Appropriations Subcommittees, and I want to you for the service you have given, not express my gratitude for his insight and his across the corridor from each other. The only your district of Pennsylvania, but counsel in these two areas. JOE has been a American public tends to define Member to this country. I am going to give a little forceful advocate for maintaining military readi- Member relationships solely by the sharp de- bate the television cameras often transmit different perspective. ness and for providing our armed forces with from the well of the House. They do not see I have known JOE 14 years. I have the most modern and most efficient weaponry. known of him a lot longer than that. He has worked with members on both sides of the many moments when Members of both But 14 years ago, when I was running the aisle in defining our defense priorities and parties talk quietly and with a warm camara- derie as they ride the underground tram or for the Pennsylvania Senate, we met in in overseeing the proper expenditure of the walk across Independence Avenue time after Potter County where he was so capably nation's defense budget. And on the Interior time each legislative day to answer the call of serving that county, and then we have Subcommittee I have been proud to work with him on a host of public lands issues over the the House for votes. been friends ever since. It was during these quiet conversations that But JOE, I, we have heard here to- years. In particular, though, I have appreciated I got to know JOE MCDADE, not only as the his deep concern and support for the National night the tremendous admiration in Congressman from Pennsylvania's 10th Dis- Park Service. He is a member who has taken this body for you. But I can tell you trict, but as a man and a father who worried the time to learn the problems confronting the from God’s country, Potter County, about his family's well-being. I learned to ap- where you used to serve them so capa- parks, which have struggled to maintain qual- preciate JOE as a legislator, genuinely con- bly, they respect you. They are thank- ity during a time of dramatic increases in visi- cerned about the problems of our nation, and ful of how you served, and they have a tor attendance. He has become personally in- as a colleague who wanted only the best for deep affection for you. vested in helping the Park Service carry on the House of Representatives as an institution. In Congress, I serve three counties, the legacy for future generations, and my con- I will never forget our conversations for they one he serves a part of, and the other stituents who treasure three great National conveyed the wisdom and institutional memory two he used to serve. And I can tell you Parks in Washington, are among the millions of a man who loved his job and the people he there from Tioga County and Clinton of our citizens who have benefitted from his so well represented in this House. County, they also have the greatest re- work. In this session of Congress, I have ap- Let me take this opportunity to formally con- spect for you, the affection for you, and preciated all of his help on the important water vey my best wishes for a most happy, healthy, they miss you. and power issues that affect the western and productive retirement. JOE, you will be His record speaks for itself, reelected states most especially. As chairman of the En- missed. Godspeed, my friend. overwhelmingly 18 times, many times ergy & Water Development Appropriations Mr. CRANE. Mr. Speaker, I am especially by almost unanimous vote. A potential Subcommittee he has always been open to pleased to join with my colleagues in honoring candidate, I think this says it best, our views and sympathetic to our issues. And our long-time fellow member and comrade-in- said to me, who really had a shot of finally it is important to note as this session of arms, JOE MCDADE. being his replacement, he said ‘‘How Congress concludes and as JOE MCDADE It was with genuine regret that we heard can I compete with this record? How completes his 18th term in office, how much JOE had decided to call a halt to his long and can I compete with the shadow that he he will be missed because of the style and the distinguished career in this legislative body. has cast with the tremendous affection manner in which he approached his work here His leadership in hundreds of floor debates and respect in that district?’’ I looked in the House. He was always the gentleman, over these thirty-five years has left its mark on at him, and I said you cannot. I cannot. always one who was willing to find a way to a great deal of the legislation that has passed He is not the average congressman. work out problems and to get things done in into law. His work in the Appropriations Com- He is the exception. He is a gentle a way that, to some, may seem old fashioned. mittee over that time has won him the admira- giant, and you cannot compete with His friendly approach has been an endearing tion and gratitude of both Republicans and H9252 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Democrats, and members on both sides of the critical public works needs, and through his of the United States Senate Everett aisle have often found themselves endebted to long service on the Interior Subcommittee, he McKinley Dirksen. JOE MCDADE's highly effective legislative skills. has protected our public lands and rebuilt the In 1962, he ran against Dirksen in a A great many of us in this body have found decaying infrastructure of our National Park very spirited hard-fought race, which him to be receptive to our needs and hard- Service. he unfortunately, from our perspective, working and dedicated in his efforts to see No where is JOE's work more evident then lost 53 to 47. For the 2 years he was that important bills were successfully legis- in the many large and small towns of North- gone from the House of Representa- lated. eastern Pennsylvania. He has been a diligent tives, he served as the United States He has clearly served the constituents of public servant for young and old alike. He is representative to the United Nations. the 10th Congressional District of Pennsyl- revered by the veterans of his community and He returned in 1964 to resume his influ- vania with particular distinction, and in their you cannot go far in the 10th Congressional ential position here in Congress. SID YATES is the product of immi- gratitude for his leadership, they have returned District without seeing another sign of JOE's him to the House time and again for a truly re- handiwork. grant parents. His parents were born in Lithuania, and Sid was born here in markable three and a half decades. Mr. Speaker, JOE MCDADE has given this In all of his dealings with his colleagues, House and the people of our great nation 36 this country shortly after his parents arrived. He also has 3 brothers that JOE's genial manner and Irish good humor has years of selfless service. JOE has been a re- were born here in this country. won him the warm friendship of members in vered colleague, and devoted member of the SID YATES has served on the Commit- both parties. May he be rewarded in his retire- Appropriations Committee, and a warm per- tee on Appropriations just about his ment with further challenging interests, in- sonal friend. With his retirement, JOE will leave entire career here in the House of Rep- sights and projects. Perhaps we can look for- a great void in this House, but he also leaves resentatives. He also served on the ward to his producing a book or two, giving us those who follow him a lasting legacy of how Committee on Foreign Operations for his perspective on what has really happened one American can devote himself to service to many, many years. He has a law degree on the Hill during this last turbulent one-third this body and to our nation. JOE MCDADE has and a Ph.D. from the University of Chi- of a century, and offering some advice to all been a great American, a great colleague, and cago. of us in our search for better and more effec- the greatest of friends. He will be missed by b tive legislation. us all. 1915 JOE's departure will clearly leave a void in Mr. SHUSTER. Mr. Speaker, I think But besides pursuing those academic this Congress, and we hope he will make a the outpouring that we have seen here credits at the University of Chicago, point of returning to visit the floor on many oc- tonight for JOE MCDADE shows how SID YATES was an outstanding college casions so that his mere presence will remind much we respect him, we admire him, basketball player. He was placed on the us again that collegiality and hard work con- and we love him. Godspeed to you, JOE All Big 10 Team in his senior year, 1933, tinue to be all important in this body. MCDADE and Sarah and your family. and he also was mentioned as an honor- JOE MCDADE, I rise with your fellow mem- f able all American candidate. bers in saluting you for your thirty-five years of He did not shoot jump shots. He did real accomplishment and dedication in the REPORT ON RESOLUTION WAIVING not shoot set shots, but, believe it or service of your fellow Americans. You will re- POINTS OF ORDER AGAINST CON- not, he played center for the Univer- main an inspiration for those who will follow in FERENCE REPORT ON H.R. 4104, sity of Chicago and had an excellent your footsteps from the great state of Pennsyl- TREASURY, AND GENERAL GOV- left-handed hook shot and an excellent vania! We are more than confident you will ERNMENT APPROPRIATIONS ACT, right-handed hook shot. find many more congenial friendships and re- 1999 SID has been the subcommittee chair- warding opportunities throughout the coming Mr. MCINNIS (during special order of man on the Subcommittee on Interior salad days of your retirement. You will be the gentleman from Illinois (Mr. LIPIN- for over 20 years. He is now the ranking member of the Subcommittee on Inte- missed! God bless! SKI), from the Committee on Rules, Mr. YOUNG of Florida. Mr. Speaker, I want submitted a privileged report (Rept. rior. He is an individual that has to commend my colleagues from Pennsyl- No. 105–761) on the resolution (H. Res. fought for the environment his entire career here in the House of Representa- vania, Mr. SHUSTER and Mr. MURTHA, for tak- 563) waiving points of order against the tives. He is a man who has been the ing this Special Order tonight to honor one of conference report to accompany the chief supporter of the National Endow- my dearest friends, JOE MCDADE. bill (H.R. 4104) making appropriations ment for the Arts and Humanities. He JOE has left his mark on this House in so for the Treasury Department, the has also been the chief supporter of the many ways. As the Senior Republican in the United States Postal Service, the Exec- National Trust for Historic Preserva- House, he is a respected Statesman who is utive Office of the President, and cer- tion. looked up to by so many of our junior mem- tain Independent Agencies, for the fis- But he has also been very, very prac- bers. His wise counsel and advice have cal year ending September 30, 1999, and tical. He is a man that has always seen helped maintain the decorum and traditions of for other purposes, which was referred to it that money has come back into this great deliberative body. to the House Calendar and ordered to the City of Chicago and the State of Il- As the senior Republican on the Appropria- be printed. linois for very significant and impor- tions Committee, he has served with great dis- f tant projects: The Illinois Deep Tunnel tinction. I can think of no finer tribute to JOE system, Chicago Wilderness Project, than in this his final year, our nation will enjoy TRIBUTE TO THE HONORABLE SIDNEY R. YATES the Chicago Green Streets program, a federal budget surplus for the first time in a the Chicago Shoreline project, the In- generation. The SPEAKER pro tempore (Mr. diana Dune center, and Navy Pier. Finally, I want to thank JOE for his selfless EVERETT). Under the Speaker’s an- It is only fitting and proper that a service as a member of the Appropriations nounced policy of January 7, 1997, the few days ago the United States House Subcommittee on National Security to provide gentleman from Illinois (Mr. LIPINSKI) of Representatives renamed the audi- for the needs of our men and women in uni- is recognized for 60 minutes. tors main building located at 2101 14th form. His leadership and long hours of work Mr. LIPINSKI. Mr. Speaker, I am Street, S.W. in Washington, D.C. in have ensured that he will leave this House se- here tonight to pay tribute to one of honor of SIDNEY R. YATES. cure in the knowledge that our troops in the the most outstanding Members that Back in 1944, when Sid was 35 years of field, at sea, and in the air are the strongest, the United States House of Representa- age, he joined the United States Navy most prepared fighting force anywhere in the tives has ever had; that is SIDNEY R. and served from 1944 to 1946. When he world. YATES of the 9th Congressional District came out of the Navy, he got himself In addition to his work to provide for the de- in the State of Illinois. involved in politics and, as I mentioned fense of our nation, he has also worked hard SID YATES is retiring this year after earlier, he was elected to the House of to defend our nation's great treasures which 48 years in the House of Representa- Representatives in the Harry Truman are our national parks and our environment. tives, 24 terms. It would be an even 50 year of 1948. As Chairman of the Appropriations Sub- years if he had not been selected by the Through all those years, SID has had committee on Energy and Water, JOE has Democratic Party of Illinois in 1962 to very, very few difficult primary or gen- reached every corner of our nation to support run against the then Republican leader eral elections. But in 1990, he did have October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9253 what some people thought was going to friend the arts have in America today. Mr. LIPINSKI. Mr. Speaker, I thank be a strong challenge. He ran up In 1973, Congressman Anunzio re- the gentleman for those words about against a young alderman in the City marked, For in the Congress, he is the Congressman YATES. of Chicago who was independently people’s advocate, and his contribu- I yield to the gentleman from Illinois wealthy, who was extremely well fund- tions have been positive and numerous. (Mr. LAHood). ed. And the newspapers in Chicago and He has waged war against the common Mr. LAHOOD. Mr. Speaker, I thank some of the political pundits had great enemy: hunger, disease and apathy. He the gentleman from Illinois (Mr. LIPIN- concern that SID YATES, after all these has helped relieve human suffering by SKI) for setting aside this time to pay years in Congress, might go out a loser. devoting his energies to equal oppor- tribute and honor one of the most dis- But to the astonishment of many peo- tunity for employment, housing and tinguished and longest-serving Mem- ple who were not really that well in- education. He has encouraged the im- bers of this House of Representatives. formed, SID YATES won that primary migrants and the oppressed from other Even though I have only been here with 70 percent of the vote. His oppo- lands to migrate to America, the land for two terms, I remember SID YATES nent received only 27 percent of the of the free. He is a true liberal with his very findly because of the mark that he vote. goals and sights high, but with his feet left on Illinois, because of the mark I have a few other things to say here on the ground. He has vision and cour- that he made in Illinois politics. He about SID YATES, but there is a gen- age in abundance. was in the House and actually ran for tleman who has now joined me on the And so as SID YATES takes leave of 48 the United States Senate against a years of service in the House, I am floor, a colleague of SID YATES and a very distinguished Senator by the proud to salute the honorable SIDNEY colleague of mine, Congressman DANNY name of Senator Everett Dirksen. I YATES. His voice is one of principle and DAVIS. think back in the days when SID ran I yield to the gentleman from Illinois honor. His vote has always been one of for that position, he actually thought the people, and all of the people in the (Mr. DAVIS). that he could beat Senator Dirksen. Mr. DAVIS of Illinois. Mr. Speaker, I 7th congressional district in the State But given the kind of record that SID want to thank the gentleman from Illi- of Illinois commend, congratulate and had even back then, he waged a very, salute him for his service. nois (Mr. LIPINSKI), my colleague, for very vigorous campaign and rep- Mr. LIPINSKI. Mr. Speaker, I thank first of all taking out this time to sa- resented really, I think, the best of Illi- the gentleman for those fine words lute and honor a tremendous legislator, nois politics, because I know that he about SID YATES. a tremendous American, a man whom I I yield to the gentleman from Penn- cares very deeply about issues that am proud to call a colleague, Mr. SID- face Illinois and has been very strong sylvania (Mr. FOX). NEY YATES. I thank the gentleman for Mr. FOX of Pennsylvania. Mr. Speak- on trying to solve problems on behalf yielding me the opportunity. er, I appreciate the leadership of the of the State of Illinois. Mr. YATES has the honor, of course, gentleman from Illinois (Mr. LIPINSKI) He represents, I think, one of the of representing the 9th congressional in taking out this time to salute Con- prettiest parts of Illinois and one of the district of Illinois and has represented gressman SID YATES, a pioneer for the prettiest parts of the Chicago land area the people of the 9th district since 1953, people, someone who is a true gen- along the coast of Lake Shore Drive serving 24 terms in the House. Born the tleman and has been an outstanding and commonly referred to as part of son of Jewish immigrants in 1909, Mr. member. He let his actions speak for the Gold Coast of Chicago. I think that YATES was born in Chicago, and I am his district and for his country, and in for the people that SID has represented, proud to say that he was born in my every way he has shown what a great he will be long remembered, probably, district, the district that I currently Congressman can be, what it means to as the Congressman for the arts. serve. His family lived on Maxwell be selfless, what it means to be a vi- Of all of the things that I think SID Street, but later moved to the sionary, what it means to make a dif- has accomplished here in the House, I Lakeview area. ference. So while he will be concluding think he will always be remembered for Mr. YATES was educated in the Chi- his many terms here in Congress, his his very, very strong advocacy for the cago public schools, attended college at legacy will live on in all the people arts, for the humanities, and really the University of Chicago where he programs that he supported. He is trying to promote and encourage peo- played on the basketball team. I am someone who for many of us who are ple in those areas, whether they be the not sure that he slam dunked that newer Members, he is someone who we arts or the humanities. I think in re- often but occasionally I suspect that he have gone to for advice. He is someone ality that is what his moniker will be. could rise to the heights of the basket. who has captured our imagination and He also is someone that any Member But nevertheless, he received his law our spirit and someone who has set of our delegation could go to and speak degree from the University of Chicago high goals for us to reach, and we hope to about any particular project or op- Law School. to continue the fine association with portunity for funding for the State of During the past 48 years, Mr. YATES him and wish him the best as he moves Illinois. Whether it be in Central Illi- can claim a leadership role in many forward in his life. nois, which I represent, or Southern Il- important efforts. Most notably, he has Let me add, if I may, that at the linois, it did not make any difference been the staunch backer of the NEA same time we are going to be missing whether the Member was a Republican and is often credited for saving this Congressman MCDADE of Pennsylvania, or a Democrat, SID would listen atten- valuable program. Arts funding and en- who has been the dean of our delega- tively, would pay attention, and then vironmental protection are perhaps tion and also a fighter for his constitu- do his homework and do his work to two of his highest priorities. ents as subcommittee chair of the accomplish whatever the Member need- In addition to this, Mr. YATES has as- Committee on Appropriations, some- ed for their part of the State, because sisted projects such as Navy Pier in one who has done great things to stop as much as I know he loved his own Chicago, the U.S. Holocaust Memorial waste, cut taxes and fight for impor- district, he also loved the State of Illi- Museum, defunding the School of the tant programs that he and SID YATES nois and would do anything he could to Americas, gaining citizenship rights together thought were important to improve that part of Illinois that the for the Japanese in the United States the people. And so two great giants of Member had come to him and asked after World War II, and the Chicago the House, Congressman SID YATES and him about. Transit Authority. I can think of no Congressman JOE MCDADE are individ- He will be sorely missed for our State more spirited of an advocate for the uals whose accomplishments are le- on the Committee on Appropriations. people and their civil liberties than my gion, Members who have given their He will be sorely missed by the people good friend, SID YATES. If he gets be- whole professional life to this institu- who represent the arts and humanities hind an issue, he will fight for it until tion. for his advocacy, and he will be missed the end. Because of their outstanding service, by all of the House for his intelligence Mr. YATES has often been deemed by their States, Illinois and Pennsylvania, and his ability to really come to the the press a Truman era liberal, an are stronger, and America has a record floor and make a case for the impor- unapologetic liberal and the greatest of accomplishment second to none. tant issues of the day or the important H9254 CONGRESSIONAL RECORD — HOUSE October 1, 1998 issues before the Committee on Appro- Yates has typified what it truly means body but will be remembered by many priations. to be called ‘‘the honorable’’. people in this Nation. Because many of b 1930 Mr. YATES has been considerate to the things that he has done in the arts, me, generous with his time, and ex- in the humanities field, and in the en- I am sorry SID is not here tonight, tremely helpful to me as a new legisla- vironmental field are things that peo- but in the remaining days that we tor. On December 14th, 1995, Mr. YATES ple know about, people appreciate, and have, I know that many of us will have introduced me, after I took the oath of people will always be happy that SID an opportunity to bid him a fond fare- office, and has continued to serve as a YATES was here for almost 50 years. well and thank him for the many, guide and a teacher. As the dean of the I would now like to conclude this spe- many things he has contributed to his Illinois delegation, he has proved in- cial order by recognizing the Congress- own district, one of the most beautiful spiring by his courageous and prin- man from Indiana (Mr. PETER VIS- parts of Chicago, to the beautiful State cipled stands on issues and legislation, CLOSKY). of Illinois, and to our wonderful coun- despite great pressures to do otherwise. Mr. VISCLOSKY. Mr. Speaker, I try. And on behalf of, I think, those in I believe I speak for everyone in this thank the gentleman for yielding and Illinois that are not represented by body by thanking him for his leader- for setting aside this time to honor Mr. SID, in central or southern Illinois, we ship, public service, experience and YATES. say, ‘‘Thank you for your stewardship wisdom. I will miss my good friend and I have kidded Mr. YATES in the past and your service.’’ trusted mentor, and I wish him and his that one of the advantages he has over And I thank the gentleman for set- family the very best as they embark me is that during the summer months ting aside this time to honor a great upon the next chapter of their lives. potentially half of his constituents American, a great Member of this I want to take this opportunity to tend to live in my Congressional Dis- body, SID YATES. thank my colleagues, the gentleman trict along the southern shore of Lake Mr. LIPINSKI. Mr. Speaker, I thank from Illinois (Mr. DAVIS) and the gen- Michigan. But what I would like to re- the gentleman very much. We appre- tleman from Illinois (Mr. RUSH), and member about Mr. YATES tonight is ciate the words the gentleman had to certainly the gentleman from Illinois not only the fact that he is a true gen- say about SID YATES, and I want to say (Mr. LIPINSKI), for being considerate tleman, in every sense of the word, but to the gentleman that when he talked enough to yield to me this time and for as the gentleman from Illinois (Mr. LI- about SID YATES being a gentleman, he hosting this special order on behalf of PINSKI) just pointed out, his unflinch- ing devotion and energies to preserving certainly is a gentleman. We could not Mr. YATES. find a finer gentleman in this body or, Mr. LIPINSKI. I thank the gen- the environment of the United States I believe, anyplace in this country. I tleman very much for those outstand- of America as well as this planet and, think his character has always been be- ing words about Sid Yates. in particular, the closeness to which he yond reproach and his integrity has I was just thinking the other day held the Indiana Dunes National Lake- been of the highest possible degree. that people have never talked about shore to his heart, one of the great nat- And in this day and age, that is some- the Ninth Congressional District in the ural resources of this country. thing we really have to salute and ad- State of Illinois as anything other than I have a picture in my office of my mire. the Yates district. Even when people son John when he was 8 years old, and he had a look of bliss on his face as he GENERAL LEAVE were campaigning in the primary to was jumping off a small bluff along the Mr. LIPINSKI. Mr. Speaker, I ask succeed Congressman YATES, they southern shore of Lake Michigan on unanimous consent that all Members never talked about running for the the day a fence was torn down and the may have 5 legislative days within Ninth Congressional District, they Dunes was expanded to include an area which to revise and extend their re- talked about running for SID YATES’ called Crescent Dune in the Michigan seat. And I believe that it will be marks on the subject of this special City area. order. thought of as SID YATES’ seat for a It was the last 36 acres of undevel- The SPEAKER pro tempore (Mr. long, long time into the future. oped property along the 45-mile south- GILCHREST). Is there objection to the As I mentioned earlier, SID YATES is ern lakeshore of Lake Michigan. And request of the gentleman from Illinois? a man of the highest quality of char- that property was included for future There was no objection. acter, the greatest integrity. He is a generations forevermore because of the Mr. LIPINSKI. Mr. Speaker, I yield gentleman in the finest sense of the strenuous efforts and commitments of to my colleague, the gentleman from word. He never has a bad word to say SID YATES to the environment. It sat Illinois (Mr. JESSE JACKSON). about anyone. He has led many, many next to Mount Baldy, which was also Mr. JACKSON of Illinois. I thank the causes on this floor. He led them very included in the Indiana Dunes National gentleman for yielding to me, and I strongly. He led them with a great deal Lakeshore, the highest geographic fea- rise today, Mr. Speaker, to pay tribute of intellectual persuasion behind these ture in Northern Indiana because of the to a distinguished legislator, a paragon causes. He never became upset with efforts of Mr. YATES. of virtue and a national treasure, Con- what other people had to say, even But most importantly, I think, there gressman SIDNEY YATES from my home though, as time has gone on, some of are now environmental education cen- State of Illinois. the causes, some of the things that he ters, campgrounds and other facilities. I am deeply saddened that Mr. YATES championed may have had less and less So that whether it is the young stu- will be leaving the House of Represent- support here in the House of Represent- dents of our area, whether middle-aged atives at the end of this term. I join atives. individuals or senior citizens who want my colleagues in thanking this truly As the gentleman from Illinois (Mr. to learn more about their surroundings remarkable man for his invaluable con- JESSE JACKSON) just mentioned, and as and the environment, they are now tribution to this Nation. the gentleman from Illinois (Mr. able to do that because of the good Mr. YATES was first elected in 1948, DAVIS) has mentioned, he never works of Congressman YATES. and for 4 decades he has served as a changed his position. He never changed He is a gentleman in every sense of member of the Committee on Appro- his principles. You knew when you met the word. He is dedicated to his family priations. As the Member who coined SID YATES where he stood. We knew and to his country, and it has been a the appropriations moniker, ‘‘College that when he spoke, he spoke directly, privilege for me to be able to serve of Cardinals’’, he has spent 20 years as accurately, forcefully, and with the with Mr. YATES for 14 years. And, the chairman of the Subcommittee on highest degree of integrity behind it. again, I thank the gentleman very Interior of the Committee on Appro- There are many, many things that much for allowing me the opportunity priations and has been a staunch advo- SID YATES has done for this country by to speak. cate for the arts and defender of the en- being a Member of this body. He is re- Mr. CRANE. Mr. Speaker, I salute my good vironment. tiring at the end of this term, but the friend and long-time colleague and political Mr. YATES embodies all that is just accomplishments that he has had for neighbor, SID YATES, as he comes to the end and virtuous about public service. this country will not only be remem- of a most remarkable career in the House of Through his exemplary tenure, Sid bered for many, many years in this Representatives. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9255

It was an incredible fifty years ago that SID H. RES. 563 country’s economy and our constitu- first won his seat in Congress. I was a high Resolved, That upon adoption of this reso- ents’ safety. school senior at the time, undecided about my lution it shall be in order to consider the Today’s conference report also fixes future in the post World War II period. conference report to accompany the bill the problem with pay for Federal fire Over the years since, both SID and I have (H.R. 4104) making appropriations for the fighters. And without this language, worked hard together in support of numerous Treasury Department, the United States Mr. Speaker, Federal fire fighters Postal Service, the Executive Office of the projects involving many issues for the better- President, and certain Independent Agencies, would continue to be paid much less ment of Illinois citizens. And I must say that for the fiscal year ending September 30, 1999, than their municipal and civil service Chicagoans have long been appreciative of and for other purposes. All points of order counterparts. SID's remarkable ability as Chairman of the In- against the conference report and against its After watching Federal, local and terior Subcommittee on Appropriations to bring consideration are waived. The conference re- State fire fighters battling the huge to the Windy City large allocations of funds for port shall be considered as read. fires of Florida and elsewhere, to the many important projects. Literally he has been Mr. MCINNIS. Mr. Speaker, for pur- point of exhaustion, I can say without able to win billions for the city and for Illinois poses of debate only, I yield the cus- hesitation, Mr. Speaker, these people in projects such as the Chicago Shoreline tomary 30 minutes to the gentleman do deserve a raise. And if we cannot Project, the Navy Pier Restoration Project, the from Massachusetts (Mr. MOAKLEY), give them that, the very least we can Indiana Dunes Land Acquisition Project, the pending which I yield myself such time do is make sure that all fire fighters Chicago Cultural CenterÐin addition to many as I may consume. During consider- are paid about the same money. They specific public works projects of importance to ation of this resolution, all time yield- all risk their lives for our safety, Chicago. ed is for the purpose of debate only. whether the truck on which they ride Moreover, as one of this country's earliest Mr. Speaker, the proposed rule for has a State seal or a Federal seal. This environmentalists, SID YATES will be remem- the conference report to accompany bill will fix that inequality, which I am bered fondly by many across the land as the H.R. 4104, the Treasury, Postal Service very happy to see. prime mover in the creation of many national and General Government Appropria- But, Mr. Speaker, there are some parks, as well as in the preservation of wilder- tions bill for the fiscal year 1999, more serious problems with this con- nesses, scenic rivers, seashore and lakeshore waives all points of order against the ference report, and one of the most projects, for all Americans to enjoy. Each one conference report and against its con- troubling aspects of this bill is its pro- of these projects stands as a testimony to sideration. The rule provides that the vision which will basically fire the gen- SID's long dedication to keep America beau- conference report will be considered as eral counsel of the Federal Election tiful. read. Commission. It does so, Mr. Speaker, These are just some of the accomplish- Mr. Speaker, the underlying legisla- by imposing term limits, but the effect ments of my good friend who has represented tion, which makes the appropriations is to fire somebody who has been work- the Ninth District of Illinois so ably and for so for the Treasury Department, the Post- ing very hard to protect the integrity many years. His record has continually won al Service, the Executive Office of the of the American electoral process. him the admiration of his Congressional col- President, and certain independent Mr. Speaker, I am sad to say that leagues, who will surely miss him in the years agencies for the fiscal year 1999, is common wisdom is that this person is ahead. very, very important legislation. Near- Because we were of different political par- being fired because he investigated ly 90 percent of the activities funded GOPAC and the Christian Coalition ties, SID and I have not always, of course, under this bill are devoted to the sala- concurred on all the issues. Over the years, and, in doing so, has angered some very ries and expenses of approximately we have particularly had disagreement regard- high ranking Republicans. I do not 163,000 employees who are responsible ing the NEA. However, all of our exchanges of need to tell anybody here, Mr. Speaker, for administering programs such as opinions on the floor have always been that the Treasury, Postal appropria- drug interdiction, Presidential protec- marked by cordiality and comity. Indeed I have tions conference report is no place to tion, violent crime reduction, and Fed- always enjoyed our debates in the House exact political vengeance, particularly eral financial management. I would en- chamber. against someone who was only doing I rise with my fellow Illinois delegation mem- courage my colleagues to support the his job. bers to salute SIDNEY YATES for his incom- rule as well as the conference report. The Federal Election Commission is parable half-century of dedication and accom- Mr. Speaker, I reserve the balance of the agency that watches over elections. plishment in the halls of CongressÐa most my time. It polices Federal campaigns, making admirable record which should well serve as a Mr. MOAKLEY. Mr. Speaker, I yield sure that candidates and interest model for new members as they arrive and myself such time as I may consume, groups are raising and spending money take up their tasks in this hallowed House. We and I thank my dear friend, the gen- within the bounds of the law, regard- hope he will find time on occasion to grace the tleman from Colorado (Mr. MCINNIS), less of which party they represent. The House floor with this presence, so that those for yielding me the customary half- Federal Election Commission and its of us who remain may be reminded that his hour. employees are charged with making Mr. Speaker, I want to commend my many past examples of collegiality and hard sure that our campaigns are fair and colleagues the gentleman from Arizona work should still remain important to this body. that the American people are heard, Mr. LIPINSKI. I thank the gen- (Mr. KOLBE) and the gentleman from and its employees should be protected tleman. Maryland (Mr. STENY HOYER) for their from partisan attacks. I would just like to say, in conclud- very hard work on this bill and con- So a partisan firing of upper level ing this special order honoring SID gratulate them on nearing the finish staffers could have widespread rami- YATES, that there has not been a finer line. fications for fair elections all across Member of the House of Representa- This year’s Treasury, Postal appro- these United States, and I will oppose tives in its history than SIDNEY R. priations conference report provides the bill for that reason. YATES of Illinois. $13.44 billion, which is slightly more Also, Mr. Speaker, two members of f than last year’s bill. This conference the other body feel so strongly about report will provide substantial funding this issue that they have promised to WAIVING POINTS OF ORDER for Federal law enforcement, the Cus- filibuster if it is not resolved. AGAINST CONFERENCE REPORT toms Service, the United States Mint, Finally, Mr. Speaker, this is the ON H.R. 4104, TREASURY AND the Secret Service, the General Serv- third rule which we have done for some GENERAL GOVERNMENT APPRO- ices Administration and the Bureau of version of this bill. And with every PRIATIONS ACT, 1999 Alcohol, Tobacco and Firearms. It is rule, my Republican colleagues prom- Mr. MCINNIS. Mr. Speaker, by direc- money that is much needed and will, to ise to address the pending computer tion of the Committee on Rules, I call a large extent, be put to very good use. meltdown known as Y2K. up House Resolution 563 and ask for its It also fully funds the Office of the b immediate consideration. National Drug Control Czar, which is 1945 The Clerk read the resolution, as fol- so critical to curbing the tide of illegal Well, here we are again, Mr. Speaker. lows: drugs that is still endangering our It has been three months and still H9256 CONGRESSIONAL RECORD — HOUSE October 1, 1998 there is no emergency supplemental not mean that they are immune, that Media Campaign to prevent youths appropriation bill funding the $2.25 bil- they somehow get tenure over there. from using drugs, something that we lion we need to begin solving this prob- We are not for granting them tenure. know is vitally important. We have $20 lem. We are saying, do their job and they million for the Drug Free Communities Mr. Speaker, if we ignore this, it is keep their job. So do not say it is term Act, which Member after Member has not going to go away. Most Americans limits. told us how important this is for their believe it is our government’s job to Now this Y2K problem, Mr. Speaker, communities. deal with this problem. And Mr. Speak- come on. In my opinion that is a cheap For the Customs Service, we provide er, for us that time has come. If we do shot. It is in the emergency funding $1.8 billion. That is down slightly from not act soon, all sorts of calamities bill. The Democrats over there know it the President’s request. It includes $54 could befall us. is coming. They have not exactly million for new narcotics detection The stock market may drop. Air traf- scrambled to help us out. It is coming technologies for both sea and land fic control systems may falter. Our na- in the emergency funding bill. It is not ports of entry, as well as $15.2 million tional defense monitors could lapse. being ignored, my opinion, by any side to address badly needed maintenance Social Security checks and Medicare of the aisle. It is a significant problem needs of the air and marine interdic- payments may not go out. There could in this country. And for one side of the tion program, including, Mr. Speaker, be electrical blackouts and brownouts. aisle, the Democrats, to jump up and $14.2 million to return 3 Blackhawk Telephone bills could be filled with start parading around that the Repub- helicopters to operational status, to in- mistakes. Mutual funds and money licans are ignoring this is unfair. It is crease flight hours for the entire Cus- markets could fail. Medical equipment patently unfair for they to make a toms Blackhawk fleet from 18 hours to might not work. The list just goes on statement like that. 30 hours per month. We need to get and on and on. Both of us have a problem. Let us not those Blackhawks up and flying. We Mr. Speaker, the money to address spend our time attacking each other, need to use them in this interdiction this problem was in here once. There saying the other party is not doing effort, and this bill provides the funds was $2.25 million in this bill to prevent anything about it. Let us focus on it. to do that. that chaos that might reign from the We are putting the money in the emer- airports to the hospitals, from the gency funding bill. Be fair with the We provide $7.9 billion for the Inter- stock market to the grocery stores, people here and let them know. Sure, it nal Revenue Service. This body, by an when that ball drops in Times Square is not in this rule, but it will be here in overwhelmingly bipartisan vote earlier on December 31. two days. this year, voted to reform the IRS, and In fact, Mr. Speaker, the House even Mr. Speaker, I yield such time as he we provide the funds to make that re- voted for a motion to instruct con- may consume to the gentleman from form work so that it will be more user ferees which directed them to have the Arizona (Mr. KOLBE). friendly, more consumer friendly, more money for Y2K, but still the money is Mr. KOLBE. Mr. Speaker, I thank the taxpayer friendly. not there. In fact, they even went so gentleman for yielding. We have $128 million over the current far as to take it out, Mr. Speaker. They Mr. Speaker, in a few moments, after fiscal year for the IRS. Included in that took it out of this bill. They took it we have heard from some others, I am is $21 million for ongoing efforts to re- out of the defense bill. sure I will have a few things to say vamp the IRS computer system, which However, Mr. Speaker, I do commend about some of the negative things that is so badly in need of being upgraded; my colleagues on the Treasury, Postal are going to be said about this rule and $25 million to restructure the way the conference committee for their hard this conference report. But I would like IRS does business with taxpayers; $103 work. They have had to juggle a lot of to start off, I hope, on a constructive million for improved customer service competing programs in many ways. In note and one in which I urge my col- activities; and, as my colleague from many ways this otherwise could be a leagues to support the rule and the the Committee on Rules said earlier, very good bill. conference report because I believe the money for Y2K will come in a sepa- But, Mr. Speaker, I urge my col- that it should be passed. rate bill. leagues to oppose this bill for its at- This is a good piece of legislation. Mr. Speaker, I cannot say how many tacks on our electoral integrity, and Even the ranking Democrat of the Members have spoken to me about its failure to address the computer Committee on Rules agreed that this is their new courthouse construction problem which is threatening to bring an important bill that funds vital, nec- projects. This is not pork barrel con- every aspect of American life to its essary parts of the Federal Govern- struction. This list comes right from knees. ment. Let me just highlight a few of the list provided to us by the Judici- Mr. Speaker, I reserve the balance of these. ary. We do not add any projects. We my time. As agreed by the conferees, we have take just the first 14 courthouses that Mr. MCINNIS. Mr. Speaker, I yield $13.4 billion in discretionary spending they have ranked as the most impor- myself such time as I may consume. I for the coming year. That is an in- tant ones in the United States to con- see we are off to a energetic evening crease of $700 million in budget author- struct. here with the nice buzz words, ‘‘term ity over the current fiscal year. The limits’’ and ‘‘Y2K.’’ Of course those are conferees, working together in a bipar- Last year we had a moratorium on words that the American public under- tisan way, have fashioned this bill to construction. We just did not have the stands. target three critical areas: enhancing money in the building fund. We have But let us clarify exactly what we the drug efforts of the Office of Na- been able to find it this year and we are talking about here. First of all, we tional Drug Control Policy and the have been able to support the requests are not imposing term limits. What we U.S. Customs Service; second, support- of the Judicial Conference for the com- are saying is, hey, every 4 years their ing ways to reform the way IRS inter- ing year. job performance is going to be re- acts with the taxpayers; and third, en- Yes, Mr. Speaker, we do have a num- viewed, and if they have 4 votes in the suring that our judicial system can re- ber of legislative provisions in our bill. majority that say they are doing a spond to its increased work load by We have a restriction on the use of good job, they keep their job. If they do making sure that we have secure and funds for abortion. That has been in not, they are out of work. adequate space by providing court- this legislation for a long time. We Now, the average person that is house construction. have a requirement for the Federal watching us today, the average person In the interest of time, let me just Employees Health Benefit Program to that we represent out there goes highlight a few of the key provisions in provide coverage for contraceptives. through a job performance review. And the bill. One, we provide $1.59 billion We have a new title on child care serv- we are saying, with the Federal Elec- for drug-related activities. That is an ices within Federal agencies. We have a tion Commission, they are going to go increase of about 1 percent over 1998 new title granting lawful permanent through a job performance review. Just levels. Included in that is $185 million resident status to current Haitians because they oversee our elections does for the second year of the National and, yes, as the first speaker on the October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9257 other side has already said, we have re- The New York Times recently stated, opinion it is an election season when visions to the appointment and re- ‘‘This change is nothing more than an you start throwing ‘‘job performance’’ appointment authority of the general attempt to install a do nothing en- around, calling it a ‘‘term limit,’’ and counsel and staff director of the FEC. forcement staff.’’ then turning it around and saying We will have more time to discuss In my judgment, what this would do ‘‘Gosh, you are trying to get rid of the that, and I hope that there will be is simply require the counsel to deal Federal Election Commission.’’ some more discussion about the good with kid gloves in dealing with either I think we all have an obligation provisions in this bill and why we party, because if they did not satisfy when we stand up here. Let us be accu- should get this conference passed so both parties they would not stand a rate with the terms we use. We are not that we can provide for the vital func- chance of being reappointed. saying term limit. We are saying job tions of the government to go forward. The best way to satisfy both parties, performance. Job performance. If you Mr. MCINNIS. Mr. Speaker, I reserve obviously, is to do nothing, and that is do not perform, you are out. I want to the balance of my time. not what we need in the Federal Elec- remind the previous speaker that the Mr. MOAKLEY. Mr. Speaker, I yield tions Commission. We do not need a majority of constituents that he rep- myself such time as I may consume. pussycat. We need a tough tiger. We do resents face job performance review. If Mr. Speaker, I am sorry if my dear not need a paper tiger at the FEC, but they do not perform their job, they are friend, the gentleman from Colorado this is a prescription for creating just out. That is what you ought to face. (Mr. MCINNIS) thought I implied that that. Mr. Speaker, I reserve the balance of the Republicans were ignoring Y2K. I The recent Washington Post editorial my time. know they have not ignored it, because comment was correct. It said that this Mr. MOAKLEY. Mr. Speaker, I yield they knocked it out of one bill and did FEC provision is, ‘‘In keeping with the one minute to the gentleman from Wis- not protect it in the other, so I know rest of the record on campaign finance consin (Mr. OBEY), the ranking member they are not ignoring it. this year. The unifying theme has been of the Committee on Appropriations. Mr. Speaker, I yield 5 minutes to the hypocrisy.’’ Mr. OBEY. Mr. Speaker, let us not gentleman from Wisconsin (Mr. OBEY). Section 514 is an unwarranted retal- kid ourselves: This does not have Mr. OBEY. Mr. Speaker, this rule iatory provision aimed at undermining diddly-squat to do with term limits. should not be before us tonight and the professionalism and independence What you want to do is to make sure neither should this bill. The conference of the Federal Election Commission that you can dismiss whoever is the report was just signed about an hour general counsel’s office. It ought to be general counsel of the FEC by a simple ago, and now under a martial law ap- rejected. party line vote. That is what the pro- proach it is before the House. No Mem- This Congress ought to be standing posal does. ber has had a chance to examine what for election reform. It should not be The only way the general counsel can is in that conference report, and there putting impediments in the way of fur- stay in office under those conditions is is one provision in the conference re- ther election reform, and that is what if he rolls over and place kissy-face port which is absolutely outrageous. it does when it disarms the Federal with both political parties. We do not The best way to deal with that is to Election Commission. need an Election Commission that does simply defeat this rule. There are many good provisions in that. We need an Election Commission This bill, pure and simple, if this rule this bill, but this is not one of them. that is going to police both parties, not is approved, will put the general coun- The best way to correct the problem is one that is going to cave in to both sel of the Federal Elections Commis- defeat this rule, and have the commit- parties, and you know very well that is sion out of business come January. tee go back to conference and elimi- exactly what this provision does. Quit Section 514 of the bill establishes term nate this and other egregious provi- kidding people. limits for the general counsel and the sions that Members may be concerned Mr. MOAKLEY. Mr. Speaker, I yield staff director of the Federal Elections about. I urge a ‘‘no’’ vote on the rule. one minute to the gentleman from Commission by requiring an affirma- Mr. MCINNIS. Mr. Speaker, how Maryland (Mr. HOYER). tive vote of 4 of the 6 commissioners much time do I have remaining? Mr. HOYER. Mr. Speaker, the gen- every 4 years. This is a blatant Repub- The SPEAKER pro tempore (Mr. tleman from Colorado has said on two lican political maneuver aimed at re- GILCHREST). The gentleman from Colo- occasions that this is just like every moving the Federal Elections Commis- rado (Mr. MCINNIS) has 22 minutes re- employee. It is not. This bill termi- sion’s current general counsel, Law- maining. The gentleman from Massa- nates the employment of Mr. Noble. rence Noble. chusetts (Mr. MOAKLEY) has 181⁄2 min- That is what this bill does. It has a pro- Why? Because during his tenure, Mr. utes remaining. vision in it that he can be rehired by a Noble has aggressively sought to en- Mr. MCINNIS. Mr. Speaker, I yield vote of four to three. The commission force election laws and has been willing myself such time as I may consume. is made up of three Republicans and to punish violators of the law from Mr. Speaker, I cannot let the pre- three Democrats. across the political spectrum. The Fed- vious comments go without some call Do not kid anybody. This bill fires a eral Election Commission’s general to question about those kind of com- Federal official for doing something counsel, Mr. Noble, suggested that the ments. First of all, let us clarify it for that you did not like, and that is going FEC crack down on soft money, be- the American public. It is not a term after GOPAC and the Christian Coali- cause he has had to take some of these limit. It is a job performance. These tion. cases to court recently; for example, people will keep their job if they pass The gentleman from Colorado (Mr. GOPAC and the Christian Coalition. their job performance. MCINNIS) is right, we need to be accu- Section 514 would undermine the bi- The gentleman over here who just rate on what this bill does. That provi- partisan nature of the Commission by previously spoke is up for election sion should not be in this bill. There requiring the Commission to reappoint every 2 years. Under his term, under are three Republicans and three Demo- the staff director and the general coun- his logic, because he has to face elec- crats, and you are correct, if four of sel every 4 years by an affirmative vote tion every 2 years, he calls it a term them believe that Mr. Noble is not per- of 4. That means, in plain English, a limit. It is not a term limit. It is like forming, they ought to remove him vote along party lines would enable the what we ought to do a lot more of in from office. But it ought not to be done commissioners of either party to dis- this Federal Government, and that is on a partisan vote. That is the reason miss the senior staff. That is wrong, say to our employees, your perform- for this provision in current law, to and that is why editorial boards and re- ance has to be up here. If you do not protect the counsel and the executive form minded organizations throughout have job performance, you can lose director from partisan attack. the country have rightly attacked this your job. Mr. MCINNIS. Mr. Speaker, I yield provision as an attempt to further myself such time as I may consume. b weaken the Federal Elections Commis- 2000 Mr. Speaker, it is interesting that sion and ensure that the election laws That is exactly the point we are the other gentleman there said this go unenforced. making here. You can sure tell in my does not have, I forget what kind of H9258 CONGRESSIONAL RECORD — HOUSE October 1, 1998 word he used, ‘‘diddly-squat’’ he says, we have always wanted, and I want to investigating GOPAC, investigating about term limits, and he spent five say to the rest of my colleagues, some- many campaign finance abuses. minutes talking about how it is term times you have to vote for a thing be- It is very frustrating to speak out limits. So I am glad that the gen- cause it is right to vote for it. against this appropriations bill because tleman has acceded to my point. Mr. RIGGS. Mr. Speaker, I yield two I am pleased that we won a victory for I would say to the gentleman from minutes to the gentleman from Florida women’s contraceptive rights, and I am Maryland (Mr. HOYER), this is not (Mr. DIAZ-BALART), a member of the pleased that the FEC will be fully fund- about term limits or about anything. It Committee on Rules. ed. But how can the FEC go about its is about tenure. And I am saying, by Mr. DIAZ-BALART. Mr. Speaker, I business of investigating campaign fi- gosh, these guys, I know they look at thank the gentleman for yielding me nance violations with a sledge hammer what we do for elections, but that does time. being held over its head? not entitle them to a lifetime of em- Mr. Speaker, it has saddened me to Mr. Speaker, we spent a great deal of ployment. When do we have job per- see issues unrelated to the funding of this spring and summer months debat- formance? How do you question what the Postal Service and the Treasury ing campaign finance reform. It passed these people are doing? Department, those two extraordinarily the House; it was filibustered and The gentleman from Maryland (Mr. important Federal agencies that must killed in the Senate. Instead of moving HOYER) and I both face our job perform- be funded, and that is our responsibil- forward with changes that would aid ance here in about five weeks. By the ity. Before we get out of Washington, reform, this House leadership is rolling way, we have to get an affirmative vote we must fund the Federal Government. back reform. It is working to fire the in about six weeks for the gentleman I am saddened to see collateral issues one person who is actually trying to and I to be back here in January. And put in jeopardy this rule. If this rule enforce the law in a bipartisan manner, what makes him any different? We are goes down, the underlying legislation and it is being done under the cover of saying you have to be like other em- will not be able to be reached tonight. night in this rule and this conference ployees, just like the working Joe and As my colleague from south Florida report. working Jane out there. You have to stated, there are 40,000 political refu- Mr. Speaker, I truly do believe that come up with some job performance. gees in this country, most of whom fled there is a vendetta by the leadership on It does require one Democrat or one Haiti after the 1991 coup there because the other side of the aisle against the Republican, depending on the makeup, of political persecution, and they are FEC, and many, many editorial boards to come over and say your job perform- looking at us tonight with an extreme across this country agree. The Wash- ance is such that you should retain amount of hope and faith, and I would ington Post accuses Republicans of giv- your job. urge my colleagues on both sides of the ing Mr. Noble ‘‘the brush-off.’’ The New Mr. Speaker, I reserve the balance of aisle to remember those 40,000 human York Times calls it ‘‘an arrogant at- my time. beings who are watching us tonight. tack.’’ The Minneapolis Star Tribune Mr. MOAKLEY. Mr. Speaker, I yield I want to thank the gentlewoman calls Noble a ‘‘watchdog about to be two minutes to the gentlewoman from from Florida (Mrs. MEEK) and I want to muzzled by the Republican attack.’’ Florida (Mrs. MEEK). thank all of those who have worked on I urge my colleagues to leave the Mrs. MEEK of Florida. Mr. Speaker, I this legislation. I want to thank Jeb FEC with the small amount of bite it thank the gentleman for yielding me Bush in my state of Florida who has has left by voting against this con- time. called our leadership time and time ference report and voting against this Mr. Speaker, I came to the floor again and made it a top priority of his rule that would muzzle and defang the today to support the rule on the Treas- to get this legislation for justice for Federal Election Commission. ury conference report. I rise in strong those 40,000 human beings passed. Mr. MCINNIS. Mr. Speaker, I yield support of it. There has been a lot of I would say to Members, let us not myself such time as I may consume, work that has gone into this bill. It is bring this rule down and not be able to first of all to address the previous com- not going to satisfy everyone. It is not get to the underlying legislation. It is ments made up there. I always get en- going to satisfy everyone on this floor. a fair rule, it is fair legislation. There joyment out of hearing those But I say to you, a lot of work has gone are 40,000 human beings looking at us buzzwords, ‘‘under the cover of night.’’ into this. It has touched some very im- that need this legislation to pass. I would concede that the hours are portant points. Please support this rule and the under- moving quicker now towards darkness, Number one, the money that has lying legislation. it is dark outside, but I would remind been allocated for drugs. They are Mr. MOAKLEY. Mr. Speaker, I yield the previous speaker that obviously we overrunning our communities and it is 21⁄2 minutes to the gentlewoman from are televised throughout the country. time we continue to do something New York (Mrs. MALONEY). There is no secrecy going on there. about it. Customs in the area where I Mrs. MALONEY of New York. Mr. We have the Committee on Rules, come from is extremely important. If Speaker, I thank the gentleman for and, obviously, all these newspapers, we do not have Customs officials, then yielding me time. the three or four that the gentlewoman we do not guard our borders and guard Mr. Speaker, I rise in opposition to cited, that have been busy in their edi- our water, and certainly our quality of the rule and the conference report be- torial pages. This is not something life will be decimated by the wrong cause it permits Congress to micro- ‘‘sneaking by.’’ people coming in through Customs. manage the very agency that is This is a good rule. I think the gen- For example, I rise also because for charged to police our elections. tleman from Florida has a very perti- the first time since I have been in the It takes an organization, the Federal nent point, Mr. Speaker, and that is Congress the Haitians receive some Election Commission, that has been there are a lot of good things that this kind of recompense in this bill. They called a toothless tiger, and turns it bill will fund. This rule is important so did not receive everything that every- into a helpless kitten. It allows the ac- that we can get to that; Postal, Treas- one wanted, but they did receive some cused to become the jury. ury, drug interdiction and so on. recognition, and about 40,000 of them, The provision permits just three Mr. Speaker, I yield three minutes to perhaps, if this bill goes through, will commissioners or just one party in a the gentleman from New York (Mr. get a chance to get equal rights in this partisan way to fire the top officers at SOLOMON), the chairman of the Com- country and get green cards and be the Federal Election Commission. That mittee on Rules. able to work. means that the staff at the FEC had Mr. SOLOMON. Mr. Speaker, the gen- I say to you that this particular rule better not annoy anyone of either tleman probably should not yield me is one that we should stand up for, and party or they are going to find them- any time, because I guess sometimes I I stand here not unafraid to say that selves in an unemployment line. tell it too much like it is. this Treasury report is one that we I believe that some of my colleagues I am upset with some Republicans. need. We need it to be able to pay our on the other side of the aisle are just Usually I am upset with you Demo- government workers, we need it to be plain going after general counsel Law- crats. But when I first came here 20 able to have our borders protected, as rence Noble because he is doing his job, years ago, I was so principled, I just October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9259 thought there was not such a word as Mr. MCINNIS. Mr. Speaker, I reserve traceptives. Ten percent cover none of ‘‘compromise.’’ You had to have it your the balance of my time. the 5 most widely used contraceptive own way, and, if you did not, you voted Mr. MOAKLEY. Mr. Speaker, I yield methods. Meanwhile, all but one of the against it. myself such time as I may consume. FEHB plans cover sterilization. Is it Well, you know, we had a President I was very astounded to find out how not clear that women and men who of this country elected in 1980 who was my chairman felt about Republicans. If want to have families, who want to a great man, and he was a great com- he wants, he can bring his football and plan pregnancies, need better options? promiser. His name was Ronald play on our side of the team. It is important to understand, I say Reagan. He vetoed very few bills. He I would just like to read at this time, to my colleagues, what we are talking had a Democrat Congress to work with, Mr. Speaker, just the first sentence of about when we talk about contracep- most of the time a Democrat Senate a Washington Post editorial of Septem- tive methods. We are not talking about and always a Democrat House, but, you ber 28. ‘‘Powerful Republicans are still abortion, we are not talking about know, to govern he knew you had to sit trying to twist the appropriations RU486 or any other abortion method. down and you could not always have it process to oust longtime general coun- No abortions will be covered by this your own way, and he vetoed very few sel of the Federal Election Commis- amendment. This is, in fact, clearly bills. sion, Lawrence Noble, whom they re- stated by the language in the con- Well, I am standing up here tonight, gard as too aggressive an enforcer of ference report. and I am hearing Democrats over the law.’’ I just want to make it very clear to there, and they are complaining be- Now, that is not the Democratic my colleagues that we are talking cause there is one thing in this massive committee saying that, that is not the about providing women with the full bill, hold up that bill over there, would President of the United States, that is range of contraceptive options. Women you. There is one little paragraph in not the leadership of the minority, need the full range of options because this bill, and they are so upset they are that is the Washington Post. not every woman can use one form or going to vote against this bill. Sure, many people may vote against another form of birth control. Many Then I hear my Republicans over this bill because of a couple of little women cannot use the pill. Its side ef- here, and they are going to come on things like this, but why did they put fects, such as migraines, can be truly this floor and they are going to vote on a couple of little things like this in the disabling for some. Other women this rule, and they are going to try to bill in the first place? They do not be- choose not to go on the pill because vote the rule down, our Republicans, long there. they may be at special risk for stroke 1 or breast cancer or something else. because they do not have it their own Mr. Speaker, I yield 2 ⁄2 minutes to So I urge my colleagues to support way. the gentlewoman from New York (Mrs. this rule, support this bill, and I hope Mr. Speaker, I wonder if they ever LOWEY). we can change it in the Senate. served in the military. Not many of Mrs. LOWEY. Mr. Speaker, I thank Mr. MCINNIS. Mr. Speaker, I yield them did, but that is not a criteria. I the gentleman for yielding me this time. myself such time as I may consume. wonder if they ever played on a foot- I guess there are a couple of points Mr. Speaker, I rise in support of this ball team, and the quarterback called a that I would like to make about the rule on the Treasury Postal Conference play where the wide receiver was going previous speaker. First of all, she very Report, because the conference report to go out and make a sharp left. Well, eloquently and correctly supports the includes an important women’s health the play takes off, and the wide re- rule. That is what is important here. provision: the requirement that FEHB ceiver says, ‘‘I don’t like that play; I We have lots of time to debate the bill plans which cover prescriptions also am going the other way.’’ The quarter- this evening or whenever that debate cover prescription contraceptives. back throws the pass, there is nobody takes place. Mr. Speaker, there is not a The language passed the full Com- out there, and they lose the game. partisan split on this bill, there is sup- mittee on Appropriations with support That is what you Republicans are port. This bill covers drug use, support- from Democrats and Republicans, pro- going to do, my friends, because I can ing law enforcement efforts, and so on. tell you that five years ago the Demo- life and pro-choice. The Committee on The other point I would like to make crats were divided over here, and we Rules stripped it out of the bill, but I is that I hope the Democrats that are defeated five or six or seven of their offered a rewritten amendment on the over there that are giving a lot of rules in the last two years they were House floor, which passed. Then the weight to these editorials of recent, I here and they fell apart. same coalition of pro-choice and pro- also hope they have that same kind of Do you remember that, guys? That is life Democrats and Republicans de- enthusiasm on the other editorials out why you are in the minority. feated an attempt to weaken the lan- of these newspapers, a couple hundred Do you want to be in the minority guage by my good friend, the gen- of them that have come out in the last over here? That is exactly what is tleman from New Jersey (Mr. SMITH). couple of weeks on another subject. going to happen. We have got a con- Unfortunately, the conference report Mr. Speaker, I reserve the balance of ference report here that the other body also includes a politically vindictive my time. has agreed to, we have agreed to, and attack on the bipartisan Federal Elec- Mr. MOAKLEY. Mr. Speaker, I yield nobody got their own way. But there is tion Commission, and I think this is 21⁄2 minutes to the gentleman from no conference to go back to. You defeat disgraceful, has no place in this legisla- Minnesota (Mr. MINGE). the rule, the bill is dead. tion, and I do hope this will be elimi- Mr. MINGE. Mr. Speaker, I appre- Mr. Speaker, we have to compromise nated in the Senate. However, because ciate the gentleman yielding me this around here. If I catch one Republican of the importance of contraceptive cov- time. coming over here and voting against erage for women across America, I will I am pleased that here on the first this rule, I am going to invite you to vote for the conference report. day of the new Federal fiscal year we go outside, because you are not a team Mr. Speaker, we are all in agreement are debating one of the appropriations player. This is what it is all about. So that we want to reduce the number of bills, but the tragedy is this is the first come over here and talk to me about abortions. Close to half of all un- day of the new fiscal year and we do it, but you do not vote against rules of planned pregnancies end in abortions. not have a concurrent budget resolu- your party. Many of these unplanned pregnancies tion in place. could be prevented with better access How does it happen that this body, b 2015 to contraception. Contraception is which has committed itself to abiding One votes to bring the bill to the basic health care for women. It allows by its own rules and by the legislation floor, and if one does not like the bill, couples to plan families, have healthier in the Budget Act, has not been able to then one votes one’s conscience. One babies when they choose to conceive, work with the body at the other end of votes any way one wants to, but one and it makes abortion less necessary, the building and develop a concurrent does not disrupt the House and kill the which is a goal I thought we all shared. budget resolution? We do not have a legislation. Think about that, I say to Yet, 80 percent of FEHB plans do not road map for the budget process. It is a my colleagues. I love you all. cover all of the 5 most widely used con- failure of leadership. H9260 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Mr. Speaker, this is the first time in licans that support this bill. But if we Appropriations is required to do, if it is the 24 years that we have had a Budget kill this rule, which some people are responsible, it gives the necessary re- Act on the books that we have not pro- set on doing this evening, we set those sources to agencies to accomplish the duced a concurrent resolution. Last needs and those issues for a lot of those objectives that the American people Saturday, we stayed in session and we districts and a lot of people in this expect of them; and indeed, that this debated and we voted on tax cuts. I country back a few steps. It is not nec- Congress expects of them. think virtually every Member in this essary. Let us go through this rule, let In particular, I want to congratulate body would like to see tax reductions. us pass the rule, and let us have fair the gentleman from Arizona (Mr. The question was, do it now or defer it debate following the rule, and that is KOLBE), the chairman of our sub- until we have balanced the budget what passing the rule will give us the committee, for his tenaciousness in en- without using Social Security. It was opportunity to do. suring that agencies can effectively an important debate. But it certainly Mr. Speaker, I reserve the balance of carry out their responsibilities. That is would have been helpful, again, if we my time. particularly the case as it relates to had had a concurrent budget resolution Mr. MOAKLEY. Mr. Speaker, I yield law enforcement and the fighting of to provide some guidance as to how we 30 seconds to the gentleman from Min- the drug scourge on our borders and are to make decisions regarding Fed- nesota (Mr. MINGE). within our communities. eral fiscal policy. It is unfortunate that Mr. MINGE. Mr. Speaker, I would Mr. Speaker, this bill almost, I be- we are debating appropriations bills for simply like to emphasize that here we lieve, is the best bill that this commit- 1999 without a budget resolution. are in the 24th year of a process in tee has reported out in the last 3 years. Mr. Speaker, I urge that each Mem- which we have required of ourselves a In part that was because we had suffi- ber of this body press upon the leader- concurrent budget resolution, and this cient resources to fund agencies. Not ship the importance of our having a is the first time in 24 years that we do all they wanted, but sufficient. budget resolution. Hardly a week goes not have one. That is why we have a b 2030 by that we are not telling State and failure of leadership. local governments, the United Nations, Mr. MOAKLEY. Mr. Speaker, may I Mr. Speaker, therefore, it is with a International Monetary Fund, the inquire as to the remaining time for great deal of regret that I rise, because World Bank or others that receive Fed- my dear friend from Colorado (Mr. we have included in this bill a number eral funds that they ought to have a MCINNIS) and myself? of extraneous provisions. All of them, sound budget process, and here in Con- The SPEAKER pro tempore (Mr. without fail, were argued in a biparti- gress, we do not even have the where- GILCHREST). The gentleman from Mas- san fashion. That is to say that there withal to adopt a current budget reso- sachusetts (Mr. MOAKLEY) has 51⁄2 min- were some Republicans for them and lution. utes remaining; the gentleman from some Democrats for them, some Repub- Mr. Speaker, I hope that we proceed Colorado (Mr. MCINNIS) has 11 minutes licans against them and some Demo- with these appropriations bills and do remaining. crats against them. the best we can under the cir- Mr. MOAKLEY. Mr. Speaker, may I One provision, however, is, I believe, cumstances, but hopefully we will not inquire of the gentleman from Colo- without exception opposed on our side repeat this tragic situation in 1999, but rado how many speakers he has re- of the aisle because it is, I believe cor- instead, we will move forward and have maining? rectly, perceived as a totally partisan, a budget resolution and provide guid- Mr. McINNIS. Mr. Speaker, at this inappropriate attack on the FEC. ance for where we are headed with this point it would be myself and the gen- I have heard my good friend, the gen- country and its fiscal policies into the tleman from Arizona (Mr. KOLBE), and tleman from Colorado (Mr. MCINNIS) next century. I intend to yield him the last 5 min- say that this was just like any other Mr. MCINNIS. Mr. Speaker, I yield utes, so it depends on the number of employee. He and I disagree on that myself such time as I may consume. speakers on the other side. proposition. In point of fact we have an I cannot help but note the gentle- Mr. MOAKLEY. Mr. Speaker, I just individual, Lawrence Noble, a staff man’s comments about failure of lead- have one speaker, so if the gentleman member, not a commissioner, who can ership. I would challenge the gen- would yield to one of his speakers, and take no action without having four tleman: let him try and get together a then I will yield to my speaker. votes, which means that he needs at body that has 535 different Members Mr. McINNIS. Mr. Speaker, what I least one Republican to authorize ac- from 535 different locations around this would prefer instead is for the gen- tion of the Commission, because there country with 535 different philosophies, tleman to go ahead with a speaker, and are only three Democrats, and four with thousands and thousands of dif- then I will comment and we can wrap votes are required. ferent projects, whether it is Social Se- it up with yielding the balance of the Mr. Noble has taken some actions curity or highways or military or the time to the gentleman from Arizona which have annoyed just about every- Y2K funding, and let him try and pull (Mr. KOLBE). body on both sides of the aisle. In fact, them all together. It takes some chal- Mr. MOAKLEY. But, Mr. Speaker, I more complaints have been made lenge. understand that the gentleman from against Democrats, 38 percent, than I think we have leadership out there, Colorado has only himself and the gen- Republicans, 32 percent. In fact, 80 per- the fact that we are here at this point. tleman from Arizona (Mr. KOLBE). cent of the Democrats have paid their Of course it tests leadership. Mr. MCINNIS. Mr. Speaker, I reserve fines, 51 percent of the Republicans The key here is that we always get the balance of my time. have paid their fines. So in point of into this kind of crunch time on an ap- Mr. MOAKLEY. Mr. Speaker, I think fact, it ought to be Democrats from propriation process. It is just like a I understand. that perspective who ought to be more family budget. In my family, my wife Mr. Speaker, I yield the remaining annoyed at Mr. Noble, because he ap- exercises her leadership pretty tough- time to the gentleman from Maryland parently has been tougher on us. ly, I might add, towards the end of a (Mr. HOYER), the ranking member of But in the performance of his duties, month when it gets to crunch time, but the Subcommittee on Treasury, Postal he concluded that actions were appro- that is not a failure of leadership, that Service, and General Government of priate to be initiated against GOPAC is a presentation of leadership. the Committee on Appropriations. and against the Christian Coalition for The key here is the rule, and that is Mr. HOYER. Mr. Speaker, it is dif- campaign actions which they had un- what we have to come back and focus ficult being a ranking member on a dertaken, just as he would take it on. The gentleman from Florida and committee where the bill that con- against the Clinton campaign or the the chairman of the Committee on fronts us is a good bill. I said that in Bush campaign or other Republican Rules said, look, I thought his football the Committee on Rules, I said that to and Democratic campaigns. example was excellent. We are going to the gentleman from Arizona (Mr. It is our belief, notwithstanding the throw I mean a bill that has a lot of KOLBE), I said it to others, and I will fact we have been told we are in error good things about it, a lot of merit in say it when we consider the bill. It is a on this, but it is our belief that this it. There are Democrats and Repub- good bill because as the Committee on bill and the provision regarding Mr. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9261 Noble, which terminates Mr. Noble’s I listened to the arguments from the ment who apparently cannot get four tenure, because by this bill his tenure other side for the last hour, I think the out of six people to think he is doing a is terminated as of January 1, 1999, 90 comment that was made by the distin- fair job. That is unconscionable. days from today, I do not recall a bill guished ranking member of the Com- What else are we going to sacrifice? firing a Federal employee before. Per- mittee on Rules at the outset put it Are we going to sacrifice $3.4 million to haps there has been, but I do not recall right into perspective. He said, this is stop cybercrime and the smuggling of it. I do not recall it. really about firing one person. This is child pornography? We are talking We would have hoped that during the about one person. This whole bill, this about giving up $3.2 million for the consideration of this bill, that some whole rule, is about one person. support of the National Center for compromise could have been reached. I Who here tonight is going to say that Missing and Exploited Children, $20 brought to the attention of the con- this one individual, this general coun- million for drug-free communities. Let- ference that one of the Senators in the sel of the Federal Elections Commis- ter after letter I have had from the ma- other body has indicated that he is sion, is not a powerful person? Here we jority and minority side saying how going to filibuster this bill if this pro- are, threatening to take down a $27 bil- important this money for drug-free vision is in there, so the conference re- lion appropriation bill that supports communities is. port probably cannot pass the other 163,000 good working men and women There is $185 million for the second body. in the Federal Government. We are year of a national media campaign to Mr. Speaker, I am going to vote going to take it down because we do keep our kids off of drugs. We have a against this rule. I regret that, but I not like what it is doing to one single good start on that program this year, see no other way to indicate my oppo- person. We want to save the job of one but no, we are willing to give that up sition to this provision. I do not know career bureaucrat. to save the job of one career bureau- what I am going to do on final passage, We are willing to take down this bill, crat if he cannot get four votes, a ma- because the chairman has worked very this appropriation bill, because one jority of votes, the same thing we have hard, and I repeat again, this is a good person, the minority says to us to- to have to pass any bill in the House bill. I would hope that my colleagues night, may not be able to muster up and Senate, the same thing we have to would join me, and that this provision four votes to save his job; a majority, have to confirm any person in the cabi- would be taken out of this bill before, that is how we pass bills around here, a net or in the Federal government, again, it is offered to us for passage. majority of the Federal Elections Com- when he is confirmed by the United Mr. MCINNIS. Mr. Speaker, I yield mission, to save his job. That is what States. No, we are willing to give that myself such time as I may consume. this debate tonight is all about. up to keep that one person. Mr. Speaker, the gentleman from Mr. Speaker, we are willing to defeat There is $183 million for high-inten- sity drug trafficking areas, in areas Maryland (Mr. HOYER) is an exception- this bill, that gives the Customs Serv- ally bright, very capable gentleman, ice another $15.2 million to put 16 like Dallas and Fort Worth, and a new but I would point out that he says that Black Hawk helicopters in the air, to one that is very important, central he cannot think of another Federal em- increase their flying time from the cur- Florida; Washington and Baltimore; ployee who has ended their tenure like rent 18 hours to more than 30 hours Miami; the Midwest, for the meth- amphetamine reduction. All of these that. There are 435 sitting on this floor. each month. We need those Black are in danger. In 30 days, every Member in this House Hawks along the border, I can tell In Southern California, Mr. Speaker, Members that. I represent one of those has to, by affirmative vote, prove to in Los Angeles, in San Francisco, in the constituents that he or she has areas. We need those in the drug inter- Detroit, in Chicago, in El Paso and Ari- done the kind of job performance that diction fight. This bill gives us the zona, and yes, along the Arizona and would allow them to continue. We do money to put those helicopters back in southwest border, all of those high-in- the same thing. We go out to our the air, to give them the time to fly, to tensity drug trafficking areas could be judges. help them interdict against the drugs. endangered, and certainly the new ones Who says the general counsel of the What we are saying here, the gen- will be endangered by not passing this FEC does not have power? He can tleman can pull out of the air the rule and this bill. Christian association or some of these ground the entire Customs Service And oh, yes, to save this career bu- other examples. That is not this. We fleet of Black Hawk helicopters in reaucrat’s job, we are willing to give up are saying here, hey, one party, by the order to save his job. low-income taxpayer clinics we provide way, with three votes could get this The Democrats are willing to sac- for in the IRS legislation, so that low- guy a job for the rest of his life, or rifice $7.9 billion for the Internal Reve- income taxpayers can get some service some gal a job for the rest of their nue Service, including $103 million for from the Internal Revenue Service; and lives. We are saying, job performance. customer service initiatives, $25 mil- yes, provisions that Members of this If they perform, they keep the job. lion in restructuring and reform, to body have come to me about for land That is what we have to say. Right keep one man in his job. By a huge bi- transfers in Racine, Wisconsin, and a now, there is no accountability, in my partisan vote earlier we passed IRS re- very important one in Dade County, opinion, from the Federal Election forms on this floor. This gives us the Florida. That, too, will be lost as a re- Commission. We are asking for ac- money to put those into place, to make sult of defeating this rule tonight. countability. the IRS a more taxpayer-friendly, a A 3.6 percent pay increase for Federal Mr. Speaker, I yield 7 minutes to the more consumer-friendly place. But no, employees could be in danger as a re- gentleman from Arizona (Mr. KOLBE). some people are willing to sacrifice sult of defeating this rule. Mr. KOLBE. Mr. Speaker, I thank the this bill and the money it has for IRS Finally, we are willing to zero out gentleman from Colorado for yielding reforms to save the job of one career the funding for courthouses, not court- time to me. I want to especially thank bureaucrat. houses put in here as pork barrel the chairman of the Committee on The fact is, we do not fire the current projects, but courthouses that come Rules for the comments that he made general counsel, we simply require that from the Federal judiciary, as their list earlier. I think he is right on target. he has to get a majority of the votes of priorities. I am looking down here, Mr. Speaker, this is about getting a from the Federal Election Commission and I see that the majority of them are bill to the floor. This is about the nec- in order to stay on the job every 4 in Democratic districts. These are the essary compromises that have to be years. The FEC is supposed to be a bi- ones that the Federal judiciary have made in the legislative process that all partisan group. If the general counsel said are important in Little Rock, Ar- of us learn very painfully as we go cannot get a bipartisan vote in order to kansas; in San Diego; San Jose; Den- through this process. We do not get ev- stay on this job, then why should he ver, Colorado; Jacksonville, Florida; erything we like. There are things in stay on for a lifetime? Why should he Orlando, Florida; Springfield, Massa- here which I would prefer not to see in not find other employment? The fact chusetts; Biloxi, Mississippi; Cape here. is, the House of Representatives here is Girardeau, Missouri; Brooklyn, New Mr. Speaker, this is about com- debating the job security of one single York; Eugene, Oregon; Greenville, Ten- promise. It is about teamwork. But as person in the United States govern- nessee; Laredo, Texas; Wheeling, West H9262 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Virginia. All of those could be in dan- Berry Hill Petri King (NY) Oxley Tauzin Bilbray Hilleary Pickering Klug Packard Thomas ger by failing to do this. Bilirakis Hilliard Pickett Largent Poshard Towns We could lose the money for the anti- Bishop Hinchey Pitts Livingston Pryce (OH) Walsh gang grant program, $13 million for Blagojevich Hinojosa Pombo Martinez Roukema Yates that, and $27 million for the youth Blumenauer Hoekstra Pomeroy McDade Shuster Young (FL) Bonior Holden Portman Moran (VA) Smith (OR) crime gun interdiction initiative. Bono Hooley Quinn Murtha Stark These are just some of the things, Mr. Borski Horn Rahall b Speaker, that are jeopardized by the Boucher Hostettler Redmond 2107 Boyd Hoyer Reyes Mr. MICA, Mr. SENSENBRENNER, failure to pass this rule this evening. Brady (PA) Hunter Riggs Mr. Speaker, we should not let this Brady (TX) Hyde Riley Mrs. TAUSCHER, and Messrs. WAMP, rule go down, because we should not let Brown (CA) Inglis Rivers EHLERS, HILL, CRANE, METCALF, this conference report go down. It is, as Brown (OH) Jackson (IL) Rodriguez PEASE and PICKERING changed their Bryant Jackson-Lee Roemer my good friend, the distinguished gen- Bunning (TX) Rogan vote from ‘‘yea’’ to ‘‘nay.’’ tleman from Maryland (Mr. HOYER) Buyer Jefferson Rogers Mrs. MCCARTHY of New York, and just said, a good bill that we have Calvert John Rohrabacher Messrs. LAZIO of New York, PASTOR, Canady Johnson (WI) Rothman UPTON, SCHUMER, and MORAN of worked hard on. I urge my colleagues Cannon Johnson, E.B. Roybal-Allard to support the rule, support the con- Capps Johnson, Sam Royce Kansas changed their vote from ‘‘nay’’ ference report. Pass this tonight. Cardin Jones Rush to ‘‘yea.’’ Carson Kanjorski Ryun So the resolution was not agreed to. Mr. MCINNIS. Mr. Speaker, I yield Chabot Kaptur Sabo back the balance of my time, and I Chambliss Kasich Sanchez The result of the vote was announced move the previous question on the res- Chenoweth Kennedy (MA) Sanders as above recorded. olution. Christensen Kennedy (RI) Sandlin A motion to reconsider was laid on Clayton Kildee Sanford the table. The previous question was ordered. Clyburn Kilpatrick Sawyer The SPEAKER pro tempore. The Coburn Kind (WI) Saxton f question is on the resolution. Combest Kleczka Schaefer, Dan Condit Klink Schaffer, Bob REPORT ON RESOLUTION PROVID- The question was taken; and the Cook Kucinich Scott ING FOR CONSIDERATION OF Speaker pro tempore announced that Cooksey LaFalce Sensenbrenner H.R. 4274, DEPARTMENTS OF the noes appeared to have it. Costello LaHood Serrano Coyne Lampson Sessions LABOR, HEALTH AND HUMAN Mr. MCINNIS. Mr. Speaker, I object Cramer Lantos Shadegg SERVICES, AND EDUCATION AP- to the vote on the ground that a Crane Latham Shaw PROPRIATIONS ACT, 1999 quorum is not present and make the Crapo Leach Sherman point of order that a quorum is not Cubin Lee Shimkus Mr. MCINNIS, from the Committee Cummings Levin Sisisky on Rules, submitted a privileged report present. Cunningham Lewis (GA) Skaggs The SPEAKER pro tempore. Evi- Danner Lewis (KY) Skeen (Rept. No. 105–762) on the resolution (H. dently a quorum is not present. Davis (FL) Lipinski Skelton Res. 564) providing for consideration of Davis (IL) LoBiondo Slaughter the bill (H.R. 4274) making appropria- The Sergeant at Arms will notify ab- DeGette Lofgren Smith (MI) tions for the Departments of Labor, sent Members. Delahunt Lucas Smith (NJ) Health and Human Services, and Edu- The vote was taken by electronic de- DeLauro Luther Smith (TX) Deutsch Maloney (CT) Smith, Adam cation, and related agencies, for the vice, and there were—yeas 106, nays Dickey Maloney (NY) Smith, Linda fiscal year ending September 30, 1999, 294, not voting 34, as follows: Dingell Manton Snowbarger Snyder and for other purposes, which was re- [Roll No. 475] Dixon Manzullo Dooley Markey Souder ferred to the House Calendar and or- YEAS—106 Doolittle Mascara Spratt dered to be printed. Doyle Matsui Stabenow Abercrombie Frelinghuysen Moran (KS) Duncan McCarthy (MO) Stearns f Aderholt Ganske Morella Edwards McDermott Stenholm Archer Gekas Myrick Ehlers McGovern Stokes PERSONAL EXPLANATION Armey Gibbons Neal Emerson McHale Strickland Bass Gilchrest Nethercutt Mr. MORAN of Virginia. Mr. Speak- Engel McHugh Stupak Bateman Gillmor Northup Eshoo McIntosh Sununu er, I was unavoidably detained on the Bliley Gilman Olver Etheridge McIntyre Talent Blunt Greenwood Owens last vote. Had I been here, I would have Evans McKinney Tanner Boehlert Gutierrez Parker voted ‘‘no.’’ Ewing McNulty Tauscher Boehner Gutknecht Pastor Farr Meehan Taylor (MS) f Bonilla Hastert Paul Fattah Meeks (NY) Thompson Boswell Hastings (WA) Paxon Fazio Menendez Thornberry b 2115 Brown (FL) Hobson Porter Filner Metcalf Thune Burr Houghton Price (NC) Ford Mica Thurman SPECIAL ORDERS Burton Hulshof Radanovich Fossella Millender- Tiahrt Camp Hutchinson Ramstad The SPEAKER pro tempore (Mr. Frank (MA) McDonald Tierney Campbell Istook Rangel Franks (NJ) Miller (CA) Torres GILCHREST). Under the Speaker’s an- Castle Jenkins Regula Frost Minge Traficant nounced policy of January 7, 1997, and Coble Johnson (CT) Ros-Lehtinen Furse Mink Turner Collins Kelly Salmon under a previous order of the House, Gallegly Moakley Velazquez Conyers Kim Scarborough the following Members will be recog- Gejdenson Mollohan Vento Cox Kingston Schumer Gephardt Nadler Visclosky nized for 5 minutes each. Davis (VA) Knollenberg Shays Gonzalez Neumann Wamp DeLay Kolbe Solomon f Goode Ney Waters Diaz-Balart LaTourette Spence Goodlatte Norwood Watkins Dicks Lazio Stump TRIBUTE TO JUDGE CHARLES Goodling Nussle Watt (NC) Doggett Lewis (CA) Taylor (NC) D’ARRIGO Gordon Oberstar Watts (OK) Dreier Linder Upton Graham Obey Waxman Dunn Lowey Weller The SPEAKER pro tempore. Under a Granger Ortiz Weldon (FL) Ehrlich McCarthy (NY) White previous order of the House, the gen- Green Pallone Weldon (PA) English McCollum Wicker Hall (TX) Pappas Wexler tleman from New York (Mr. FOSSELLA) Ensign McCrery Wilson Hamilton Pascrell Weygand Everett McInnis Wolf is recognized for 5 minutes. Hastings (FL) Payne Whitfield Foley McKeon Young (AK) Mr. FOSSELLA. Mr. Speaker, since taking Hayworth Pease Wise Forbes Meek (FL) Hefley Pelosi Woolsey office last November, I have spoken before Fox Miller (FL) Hefner Peterson (MN) Wynn this House many times on the critical issues NAYS—294 Herger Peterson (PA) and decisions that face our nation. I would like to depart from my usual practice and speak Ackerman Baldacci Bartlett NOT VOTING—34 Allen Ballenger Barton before you this evening on an all-together dif- Andrews Barcia Becerra Callahan DeFazio Hall (OH) ferent matter. Bachus Barr Bentsen Clay Fawell Hansen Baesler Barrett (NE) Bereuter Clement Fowler Harman It is without question that the United States Baker Barrett (WI) Berman Deal Goss Kennelly is the greatest nation in the history of the October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9263 World. In the span of a little more than 200 REPUBLICAN 90–10 PLAN surplus, more tax revenue coming into years, we have gone from a fledgling nation The SPEAKER pro tempore. Under the Treasury than we are spending. surrounded by the wilderness of nature and the Speaker’s announced policy of Jan- We have held the President as well as coldness of international isolation, to the uary 7, 1997, the gentleman from Ari- our own leadership’s feet to the fires. World's only military and economic super- zona (Mr. HAYWORTH) is recognized for That freshman class of 1994 said that power. In that role the United States has been 60 minutes as the designee of the ma- we were going to come to Washington the sole protector of liberty and freedom dur- jority leader. to change how Washington works. We ing the World's darkest hours of this century Mr. HAYWORTH. Mr. Speaker, and have succeeded in balancing the budg- and acted as a benevolent force to defeat and for those who join us from coast to et, and I am proud of that. And it is turn back the tide of fascism and communism. coast and beyond via C-SPAN, we make kind of something new here in Wash- The greatness of America does not come from many historic decisions in this, the ington, that we actually have more tax military strength or economic wealth. Rather, people’s House, and one made last week revenue coming in than we are spend- the greatness of America flows from the spirit is one of the most profound, with far- ing. We are more than living within of freedom and accomplishment brought about reaching consequences for the better, our means. by the individuals who live in our land. I would for our Nation and our people. Because, In fact, it is projected today by the like to take this opportunity to talk to you Mr. Speaker, last Saturday in this Congressional Budget Office that we about one of those individualsÐJudge Charles Chamber the majority passed a plan expect to see over the next 10 years, D'Arrigo. that said, quite simply, it is important thanks to a fiscally conservative Con- gress, a $1.6 trillion budget surplus. In many ways Judge D'Arrigo exemplifies that this Congress sets aside $1,600,000,000,000 in extra surplus tax the typical American success story. The son of $1,400,000,000,000 to save Social Secu- rity. dollars that are now in the Treasury an immigrant father, Judge D'Arrigo attended over the next 10 years because we have Wagner College and Brooklyn Law School and Now, it has been interesting to hear some of the debate that was bandied held the line on spending. That is a big served in the United States Army during the victory. Second World War in the European Theater of back and forth; to hear some of the commentators and pundits, but this I want to point out that the balanced Operations. From 1954 through 1973 he was budget that we pushed through Con- engaged in the private practice of law, and in historical fact is beyond dispute: Never before, Mr. Speaker, in the history of gress last year, and convinced the 1973 was elected a Judge of the Civil Court President to sign, contained no tax in- of the City of New York. In 1981, he became this assembly, did anyone step forward to set aside funds to save Social Secu- creases on the American people. No in- the Judge of the Surrogate's Court of Richard come tax increases. In fact, we gave, County, a position that he continues to hold rity. Oh, there were efforts to raise payroll for the first time in 16 years, middle and will until his retirement at the end of this class tax relief to the folks back home. year. taxes, and always it seemed the temp- tation of raising taxes was something The gentleman was pointing out, of Being a Judge of the Surrogate Court is not to which previous majorities suc- course, what is a big victory for a lot of an easy task. The duties of a Surrogate very people, for all of us that are working cumbed. But what this common sense often have to deal with the intimate personal Americans, those of us who want to see conservative majority did in this and financial situation of a grieving family after the contract with working families, the Chamber last Saturday provides a com- the loss of a loved one. Many times those retirement contract that is Social Se- mon sense plan not only for Social Se- cases are compounded by acrimonious dis- curity, honored. And, of course, we rec- curity but also for tax relief to the putes. True to his nature, of always seeing the ognize that for people like my mom American people. Those of us in our bright side of life, Judge D'Arrigo transformed and dad, and when I think of Social Se- common sense conservative majority his position to help young, loving couples be- curity we always think about those call it the 90–10 plan, setting aside 90 come parents by performing hundreds of closest to us, our family, and how gov- percent of the projected surplus, again, adoptions. Adoption Day in the Surrogate's ernment in its ways and actions affect $1,400,000,000,000 for Social Security, Court has been turned into a Staten Island people we love and care about. and using a very modest amount, com- holiday season tradition. Although soft spoken, When I think of Social Security, I paratively, for tax relief for the Amer- Judge D'Arrigo has stood as a champion of think of my own mom and dad, and I ican people. justice and acted as a fair and compassionate think of my Aunt Mary, and my Aunt Mr. Speaker, I am joined tonight for Eileen, my Uncle Jack, my Uncle Bob, arbiter of the law. Universally respected, this special order by one of my col- Judge D'Arrigo exudes the honor and integrity and members of my family that are leagues from the Committee on Ways seniors, where Social Security is an that highlight the importance of our justice sys- and Means, my classmate who joined tem and the rule of law that protects individual important part of their lives and their me in the new majority in that historic friends and their neighbors. And for liberty. vote in November of 1994 as a new- Judge D'Arrigo's civic pursuits extend far them Social Security is in good shape. comer to Congress in the 104th Con- But for the next generation, my broth- outside of the court room as well. With Norma, gress, my seat mate now on the Com- his lovely wife and partner of 49 years, the ers and my sister’s generation, for the mittee on Ways and Means, one who baby boomers and for those that fol- D'Arrigo's have participated in so many philan- has worked tirelessly to provide mean- thropic endeavors, that their good works, most low, Social Security is in question. ingful features of this tax relief plan. Because of our concern in this Con- often without credit or accolades, are insepa- At this time I would yield to my good gress to save Social Security, to ensure rably woven throughout the social fabric of our friend, the gentleman from Illinois that we honor the contract of Social great Borough. (Mr. WELLER), to talk about what in es- Security for the next generation and On the occasion of his retirement from the sence is the centerpiece of this tax re- future generations, I am proud that we bench, I wish to congratulate Charles. To lief plan, this very prudent, this long- set aside $1,400,000,000,000 to save Social Norma I say, thank you for allowing us to have term profitable plan for the American Security. your husband for so long and I hope that you Nation, the centerpiece of the feature I mentioned earlier my sister Pat, both enjoy this special time for many years to being relief from the marriage penalty. when I think of the marriage tax pen- come. I yield to my friend. alty. And I have often asked this ques- It is my sincere hope that you both remain Mr. WELLER. Mr. Speaker, I thank tion in debate here in the House over active participants in the community. Collec- my colleague for yielding me some the past year, and my colleague from tively, as a community, we would be at a loss time to talk about what I consider to Arizona and others have joined us in without the gentle words, kind smiles and be a big victory, not only for the people this fight to eliminate what we con- steely determination to perform good works of Arizona and Illinois but people sider to be the most unfair provision in that you both bring into any project. throughout this country. It is because the Tax Code, and it is a simple ques- My best wishes to Charles and Norma of the Republican majority in the last tion: Is it right, is it fair that under D'Arrigo, their three children, Shelton, Janice 31⁄2 years that for the first time in 28 our current Tax Code a married work- and Charles. And of course, their lovely grand- years we have a balanced budget. Not ing couple with two incomes pays high- daughter, Christin, and I thank the Speaker for only do we have a balanced budget but, er taxes than an identical working cou- indulging me in this personal commemoration. beginning today, October 1st, we have a ple, with an identical income, that H9264 CONGRESSIONAL RECORD — HOUSE October 1, 1998 lives together outside of marriage? alty, one of the many features of our HULSHOF) really had the lead on this. A They, instead, pay less. It is just not Tax Code that was just plain wrong. It key member, a new member of the right that under our Tax Code a mar- did not make sense to penalize married Committee on Ways and Means. His ried working couple pay more in taxes couples, when other couples living out savers exclusion, which was included as just because they are married. And I of wedlock were enjoying economic part of this package, was a real winner am really proud that the centerpiece of benefits as opposed to those who played if we want to encourage people to save the tax provisions in the 90–10 plan will by the rules, worked hard and observed for their retirement. eliminate the marriage tax penalty for the institution of marriage. Because under this 90–10 plan we a majority of those who suffer it. There are so many different things allow someone to have their first $100 It is really a simple solution in the that we are offering in this relatively in savings interest or dividend income way that we go about providing tax re- modest package of tax relief. Again, re- exempt from taxes for a single tax- lief to married couples, eliminating the member, we are setting aside payer. And we also recognize, so there marriage tax penalty for a majority of $1,400,000,000,000 of the surplus to stay, is no marriage tax penalty, that we married couples that suffer it today. It to strengthen, to save Social Security, allow the first $200 in savings interest is estimated that almost 28 million and only 10 percent of the projected for a married couple. What that essen- married working couples will benefit surplus would go to tax relief. But in tially means is a married couple can from the marriage tax relief provisions that package I think especially about have $10,000 in a bank account or a sav- in this package. my district and the seniors who live in ings account, and the interest on that And it is pretty simple. The standard my district and the many seniors who is tax free. deduction is a standard deduction we find that they have to work. As much Not only do we reward saving for re- take if we do not itemize. And right as they would like to have the leisure tirement, I would like to point out that now the standard deduction for joint time, their situation demands that is one more way that we simplify the filers, in this case usually married cou- they still need to earn an income. Tax Code. It is estimated that 68 mil- ples always, of course, is not equal to And what we have done, as part of lion taxpayers will benefit from ex- twice what the single filer has. In fact, this bill of tax relief, is to increase the empting the first $100 for singles, $200 it is only $6,900. Now, we increase the amount of money seniors can earn for couples from income taxes. standard deduction for joint filers to without losing Social Security benefits Not only will 68 million taxpayers $8,300, exactly twice what a single tax- by increasing that earnings limit; to benefit, but also it helps simplify the Tax Code. There is that Schedule B. payer is able to claim. And in doing so, raise that, understanding that some That is where we report our dividend for 28 million married working couples people, A, enjoy working, they still interest and dividend income in the they will see an extra $240 in higher want to be active, they appreciate the taxes. And we helped simplify it be- take-home pay, less money they are dignity of work, and they do not want cause this will allow 10 million tax- going to send to Uncle Sam. to be penalized for working but; B, payers to simplify their tax filing to We eliminate the marriage tax pen- some folks, quite frankly, need it to the point where they only have to file alty for a majority of those who suffer make ends work. Why then would we one form. They will no longer need to it with our simple solution by doubling seek to punish those seniors? And that the standard deduction for joint filers. itemize. is another area that is so vitally im- Think about that. Ten million tax- I think of Joliet, Illinois, in the south portant. payers and seven million people will no suburbs of Chicago. $240, that is a car My friend has another point to make, longer need to file a Schedule B. So 17 payment. That is two months worth of and I would gladly yield to him. million taxpayers will see their tax fil- Mr. WELLER. I thank the gen- day care at a local day care center. ing experience, which no one likes, tleman. And I often think about sen- That is groceries. That is a little extra simplified. That is a big victory. I money to help pay for school clothes iors who we see working at res- thought it was important to point that for the kids. And that is real relief. taurants, or they operate a small busi- out. I am really proud that we made this ness on the side. We even see them at Mr. HAYWORTH. One of the things the centerpiece of the tax provisions in the arts and crafts shows. And it is just we have learned since coming to the this 90–10 plan. Think about it. We are wrong that if we look at the Tax Code Congress of the United States is just saving Social Security with $1.4 tril- that senior citizens who have worked how important it is to listen to our lion that was set aside. We are elimi- hard all their lives, and seniors are ac- constituents. When I was back home nating the marriage penalty for those tive longer, they are living longer, they over the district work period, holding who, of course, are suffering it, for the want to be active longer, many want to in excess of 30 town hall meetings, majority of those who suffer it. Twen- work longer, of course they would like what I heard time and again from the ty-eight million married couples will to have a little extra income, and it is folks who live in the Sixth Congres- benefit. And there is one additional really wrong that they are punished for sional District of Arizona is that they benefit, too. As my friend from Arizona working longer. wanted to see now, as we move to the pointed out earlier when we talked So that is why I think that raising policies of surplus, that we set aside about this plan, what is really exciting the Social Security earnings limit to the surplus for three things: that we is our goal not only to lower taxes for the level that we raise it makes a big save Social Security; that we help pay working Americans and working fami- difference for these seniors; that if we down the debt, the $5.5 trillion debt, lies but also to simplify the Tax Code. do not raise the earnings limit, they which hangs over the heads of our chil- One of the big benefits of doubling will have more of their Social Security dren; and that we understand again a the standard deduction to twice that of benefits taxed away, and that is wrong. hard and basic truth that has been dif- a single filer is 6 million taxpayers will So by raising the Social Security earn- ficult for folks inside the District of no longer have to itemize, will no ings limit, we help a lot of seniors in Columbia to understand, and it is a longer have to use a schedule A. And in Arizona, in Florida and Illinois. simple statement, very doing so, filing taxes is going to be And one thing I wanted to point out commonsensical, but sometimes the simpler for 6 million filers. They will is that, of course, as we work on logic escapes people here, and it is this only need to file the 1040 EZ. That is a strengthening Social Security for the notion: that the funds that come from big victory. I am so proud that we not long term, a key part of that, I believe, the pockets of American citizens be- only save Social Security and elimi- is encouraging people to save for their long to those citizens, not to the gov- nate the marriage tax penalty for so retirement. And another provision in ernment. many, but this 90–10 plan received bi- this tax package that I think is so im- To the extent possible, working peo- partisan support when it passed the portant, as we help those who work ple should hold on to more of their House last Saturday, and I am proud to hard and save a little for their retire- hard earned money and send less of it be a part of this. ment, for their future, is the Savers here to Uncle Sam, and that is the Mr. HAYWORTH. I thank my col- Act portion here. logic and the notion behind tax relief. league for the work he has done in fo- And of course our colleague, the gen- Mr. WELLER. The gentleman has cusing attention on the marriage pen- tleman from Missouri (Mr. KENNY brought up a really good point. As we October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9265 have shared many times in our con- belongs to the American people and for the great work that he has done on versations, we have talked about our that is money that should return to the Committee on Ways and Means and districts and the good people we have their pockets. our other colleagues on the floor this the privilege of representing, I rep- Mr. Speaker, we are joined here to- evening; the gentleman from Missouri resent a really diverse district, the night by another colleague. I look and (Mr. HULSHOF), who authored the small south side of Chicago, the south sub- see another classmate from the 104th saver exclusion in this bill, which is so urbs in Cook and Will counties; bed- Congress, our good friend, the gen- critical, too, for a lot of people in this room communities like Morris, where I tleman from Pennsylvania (Mr. FOX), country who are trying to save some live, and a lot of corn fields and farm who joins us here on the floor tonight. money and is going to simplify the Tax towns. Mr. FOX of Pennsylvania. Mr. Speak- Code. Whether I am at the grain elevator, er, will the gentleman yield? There are a lot of people who will not the union hall or the VFW or a local Mr. HAYWORTH. I yield to the gen- have to fill out schedule B in the future Business and Professional Women’s tleman from Pennsylvania. and that is a significant thing, and the meeting, I find there is a lot of com- Mr. FOX of Pennsylvania. Mr. Speak- gentleman from Illinois (Mr. Weller), mon concerns, and saving Social Secu- er, I thank the gentleman from Arizona our distinguished colleague, who is re- rity, eliminating the marriage tax pen- (Mr. HAYWORTH) for yielding. sponsible primarily for bringing for- alty, helping farmers, helping small Mr. Speaker, I am very proud of the ward and making the crown jewel of businesspeople, helping families who efforts of the gentleman from Arizona this tax cut package the marriage tax want to set aside a little money to help (Mr. HAYWORTH) on the Committee on penalty relief. put the kids through college and, of Ways and Means to lead the fight to What I would like to do just briefly is course, this 90–10 plan, accomplishes have the tax relief and to help our sen- touch on a couple of other aspects of that. iors in saving Social Security. I know this bill which is very important in my I had a senior citizen come up to me we are joined by the gentleman from part of the country, and that is in the this last couple of days while I was Missouri (Mr. HULSHOF) and also the world of agriculture. I might begin by back in Illinois and he said, Represent- gentleman from South Dakota (Mr. saying that the last time we had a bal- ative WELLER, what I am really excited THUNE). anced budget in this country I was 8 about with that Social Security sav- I think it is important that we be years old. We have been living in this ings plan and the marriage tax elimi- able to show this collective bipartisan culture of debt now for the past 30 nation and the other tax provisions in effort to really help our seniors make years, all of my adult life basically. It the 90–10 plan, is I remember when sure that Social Security is secure. is just an amazing, I think remarkable, President Clinton gave his speech back I would say to my colleagues it is in- accomplishment. in January. teresting to note that 60-plus, the fast- The American people should make no Remember that State of the Union est growing seniors advocacy group in mistake about it. The reason we are speech? The President said, let us save the United States, has endorsed this where we are is thanks to their hard Social Security first and let us set 90–10 plan, which does exactly what the work but also to the Republican major- aside the surplus for Social Security? I American people want. They want a ity in this Congress who when they stood up and applauded and we all did Social Security system that is going to were elected, when they came in in 1994 in a bipartisan effort because we want- be secure, and with $1.4 trillion being and we joined them in the 1996 and 1997 ed to save Social Security. placed in the Social Security trust session of Congress, set upon a path of That senior pointed out, he said, Rep- fund, that is more than twice the getting our fiscal house in order, mak- resentative, you folks did twice what amount of money that has been owed ing the hard decisions about spending the President asked for because when from prior Congresses. and lowering taxes, which in the end the President said set aside the sur- The fact that we are able to make has actually raised revenues so that we plus, there was $600 billion in projected sure the marriage penalty elimination are in a position now to bring some ad- extra tax revenue. Well, nine months is going to help seniors and others, and ditional tax relief. later, there is a projected $1.6 trillion the fact that the saver’s tax exemption Let me just briefly say on behalf of extra tax dollars now in the treasury is going to help seniors and others, and the farmers and ranchers of the coun- and we set aside $1.4 trillion. That is the fact that reducing inheritance try, and certainly those that I rep- more than two times what the Presi- taxes is going to help seniors and oth- resent in South Dakota, that this is a dent asked for. That is going to help us ers, shows that we have made our first wonderful plan for agriculture. The es- save Social Security not only for to- initiative here to make sure that sen- tate tax relief that is in here, the death day’s seniors but particularly for the iors have a Social Security system that tax relief which allows farmers and baby-boomers and the future genera- is secure; then a modest tax decrease, ranchers and small businesspeople to tions that are looking to Social Secu- which I think the American people de- pass on their operation to the next gen- rity as part of their retirement income. serve. It is their money after all. eration without having to deal at the I thought it was real important to This is really a great accomplish- same time with the Internal Revenue share that experience and that con- ment. I am hoping that the Senate will Service and the undertaker, is, I think, versation back home. move forward, agree with us and then a real tribute to the work that was Mr. HAYWORTH. Mr. Speaker, I eventually have the President sign the done by this committee and a real would point out one other fact that I bill as well. asset and a real benefit to the produc- hope that American citizens will keep Mr. HAYWORTH. Mr. Speaker, we ers of this country. in mind. When the President of the are joined also tonight by two col- The health insurance deduction for United States graced us with his pres- leagues from the freshman class of the self-employed individuals is critical. ence and stood at the podium behind us 105th Congress, two gentlemen who There are so many people in this coun- here, he not only said that every penny hailed from States where agriculture is try who are not able to deduct the pre- should go to save Social Security, we of vital importance, and I look to my miums that they pay for health insur- should save Social Security first, but left, very rarely philosophically do I ance policies and this allows for that to sadly his actions failed to reconcile find this gentleman on my left, but my happen; an average benefit of about with that promise. For, even as he friend, the gentleman from South Da- $382 to some 3.3 million people in this made that promise from the podium be- kota (Mr. THUNE) joins us. country who will benefit from that pro- hind us here, he subsequently spent al- Mr. THUNE. Mr. Speaker, will the vision in the bill. most $3 billion in Bosnia, which points gentleman yield? There is a small business expensing up the other basic truth of the pitfall Mr. HAYWORTH. I yield to the gen- provision which will allow farmers and of the great debate that continues in tleman from South Dakota. ranchers again the benefit of increas- this chamber and across America. Mr. THUNE. Mr. Speaker, I want to ing the amount that they can expense As my constituents tell me, the sad thank my friend from the desert, the out, and also a loss carryback provi- fact is, if we leave money in Washing- gentleman from Arizona (Mr. sion for those who are experiencing ton, Washington spends the money. It HAYWORTH), for yielding and thank him losses, and there are a lot of them in H9266 CONGRESSIONAL RECORD — HOUSE October 1, 1998 my part of the country right now who, stituents back home. It is their hard When trying to at least make a down due to the price disaster, are losing earned money and we want to not only payment on the elimination of the money. It has been a tough couple of make sure that passes, but the private marriage tax penalty, we have much years, but they can take those losses prepaid tuition plans are excellent. The further to go, but certainly when my and offset them against more profit- bond value caps can help us with af- wife and I a few short years ago stood able years and get a refund this year, fordable housing, and also to help us at the altar and said I do, it was not I which will tremendously help the cash with the school construction. All by do want to pay more in income tax, flow situation and the problems that having tax cuts, we are helping our and yet that is the plight of many mar- they are facing in trying to deal with communities. It is the opposite of what ried couples in this country. the working capital they need to stay we had in the prior forty years with Simply by investing in the institu- in business. democratic rule, with tax increases tion of marriage, their tax bill has These are all provisions, in addition which actually hurt us from having gone up. I think that this provision to income averaging which makes per- more jobs in the private sector. does a good job of trying to level the manent that provision that allows Mr. HAYWORTH. Mr. Speaker, now playing field. farmers to spread out their income to my right, fittingly, although he As the gentleman from South Dakota over time, and thereby lessen their tax stands at the other microphone here in (Mr. THUNE) talked about, farmers and liability in any one year. Farming and the well, it is another newcomer in this ranchers who are having a difficult ranching is a very volatile industry 105th Congress, the gentleman from time right now in this country, there is when it comes to the income that they Missouri (Mr. HULSHOF), who has relief for those farmers and ranchers, generate, a lot of ups and downs. played a major role on the Committee small businesspeople, with the death There are many provisions in this on Ways and Means in bringing the tax tax. All of those things are addressed, that are good for agriculture, and I bill to the floor and seeing its subse- as the gentleman from Pennsylvania think it is just remarkable at the same quent successful passage here in this (Mr. FOX) talked about, the head of our time we were able to dedicate $1.4 tril- chamber. economic development back in Mis- lion to saving Social Security and be Mr. HULSHOF. Mr. Speaker, will the souri wrote a letter on behalf of our able to help the farmers and ranchers gentleman yield? governor, a democratic governor as it of this country who desperately need Mr. HAYWORTH. I yield to the gen- turns out, urging us to increase the pri- help right now, who are trying to re- tleman from Missouri. vate activity bond cap because of the cover from the economic crisis they Mr. HULSHOF. Mr. Speaker, I thank affordable housing issue. It is addressed are in, in the form of tax relief. my friend, the gentleman from Arizona in this bill. I think this is a wonderful package (Mr. HAYWORTH) for yielding. b 2145 and one that I hope we can move for- Mr. Speaker, the gentleman from ward in the Congress, and I want to Pennsylvania (Mr. FOX) has it just One of the things that I want to visit give credit to those of my colleagues right. There is so much about this tax about is something that we have who were instrumental in the Commit- cut package that is to like. When we worked on specifically that would tee on Ways and Means and my friend, had this debate last week, as the gen- leave that dollar of that surplus money the gentleman from Pennsylvania (Mr. tleman knows, there was a lot of dis- in the pockets of the low and middle FOX) here as well who is on the floor cussion and a lot of rhetoric being income people in this country, and that this evening. I look forward to moving thrown around by our friends on the is those who try to save, those people this and advancing it in the process in other side, especially when we talked who try to put away their pennies and the hopes that we can make it the law about Social Security. nickels. When you think about it, Mr. of the land and help out those people The beauty of this particular provi- Speaker, they are being punished for across this country who have worked sion is that we want to take 90 percent their thrift. hard to give us the surplus and who de- of the projected surplus and put it I happen to have a 1040 form over serve to have some of it back. aside to save Social Security; surplus here, modified just a bit, with a big cir- Mr. HAYWORTH. Mr. Speaker, let us funds, not monies needed to balance cle and a slash. But when you think not forget that a previous liberal Con- the Federal checkbook. about, and I know this is maybe pain- gress put upon the American people the In fact, I came, Mr. Speaker, to this ful for you to think about April 15th of largest tax increase in our history. In- very floor and caused, I think, a little each year, but when you think about deed, to quote a member of the other consternation because I had ten one having to pull out the files and start to body on this hill, a liberal Senator dollar bills in my hand and I said, we fill out your 1040, as we do most spring from New York State, he said it was have been talking in trillions and bil- months, obviously most taxable in- not just the largest tax increase in lions of dollars and sometimes that is a come of most Americans is wages and American history but the largest tax difficult concept to grasp, these num- salaries. increase in the history of the world. bers with so many zeroes. Let us think But when you consider that those of If there is one primary difference, it of it this way, and I had ten one dollar us that are able to put aside a little bit is this: Our common sense conservative bills. into a money market account, or majority believes that, Mr. Speaker, We wanted to take nine of those ten maybe an interest bearing checking ac- the folks who live in this country, who and fold them up and put them in our count, and any interest that we earn is work hard and pay the bills, have pocket and put that aside to save So- being taxed, it is included in taxable worked very hard for the money they cial Security, to make sure that Social income. And you carry it down here earn. They need to hold on to more of Security is there not just for today’s and you are being taxed on that it and send less of it here to Washing- seniors but for tomorrow’s as well. amount, as you are the rest of your in- ton. Simply, what we want to do is take one come, when many other countries actu- My friend, the gentleman from Penn- dollar of the surplus funds, one dollar ally provide some more incentives for sylvania (Mr. FOX), has one point that out of ten, and leave it in the pockets their citizens to save and invest. he wants to bring out and I am happy of those who earned it. What this bill does is simply allow an to yield some time to him. I am troubled by the statements exclusion up to $400, if you are a mar- Mr. FOX of Pennsylvania. In my dis- made at the other end of Pennsylvania ried couple, as the gentleman has been cussion previously, and I wanted to add Avenue and talks of potential vetoes. talking about with married couples, al- on to what the gentleman from Arizona In fact, the White House even said that lowing joint filers to exclude up to $400 (Mr. HAYWORTH) said earlier, I had spo- we were, quote, squandering the sur- of interest or dividend income, to not ken, of course, of the programs to plus, squandering the surplus, by let- be taxed, to put that back perhaps into strengthen Social Security but also ting the American taxpayer keep what other investments. talked about modest tax decreases. I is rightfully his or hers. The Congressional Research Service may have inadvertently said another There are so many things in this par- has recently done a study just on this word, but it is decreases and the tax ticular provision. The gentleman from small saver provision that said this cuts that are so important to our con- Illinois (Mr. WELLER) is exactly right. proposal would really benefit the low October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9267 and middle income taxpayers, because ployed, including so many of our hard nois that offer them. States like Penn- it hits them more proportionately than working constituents down on the sylvania and others do as well. But we it would somebody down at Wall farm. bring fairness to the Tax Code by ex- Street. Of course, having thousands of My colleague from Illinois, raised on tending that same tax exempt treat- dollars in investments a $400 exclusion a farm, understands what this means. ment to the small private colleges, is not likely to help that individual How vital it is that we accelerate that, schools such as St. Francis and Olivet very much. how important it is for so many Ameri- Nazarene University and Lewis Univer- As the gentleman from South Dakota cans who have waited for so long to sity in the district that I have the talked about a moment ago, not only is enjoy what others in corporate Amer- privilege of representing now will be this good in a broad-based way as far as ica at least have not taken for granted, able to offer prepaid college tuition providing relief for millions of tax- but have benefitted from in years past programs and help parents who want to payers, the small saver provision is with our Tax Code. send their kids off to college in a few helping 68 million taxpayers, but, more The gentleman from Illinois. years be able to make the tuition much importantly, it is an issue of sim- Mr. WELLER. Mr. Speaker, I would more affordable. That is a big victory. plification. like to thank the gentleman from Ari- I also represent a growing suburban I know a year ago when we had the zona for yielding. The point the gen- and urban district. One of the chal- debate about taxpayer relief of 1997, tleman is making is such an important lenges we have in the older urban areas one of the constructive comments was one. We often talk about small busi- is the school buildings are older. We this was not something that added to ness, and I consider small business to have maintenance, and we want to wire simplification of the Tax Code. This be Main Street, and, of course, two- them with fiber for computers, and bill we passed in the House does just thirds of the jobs that are created in keep the technology up as well as keep that. our Nation and our economy every the roof from leaking, they need help. As the gentleman talked about, how year are small business. Last year we passed a school con- many millions of taxpayers will not I meet on a regular basis with a struction bond program as part of the have to itemize any longer, just be- group of women entrepreneurs in the tax package. We also provide over $1 cause of the marriage tax penalty south suburbs, and they made a point billion in school construction bond as- elimination? I know that certainly to me that I took to heart, a lesson. sistance to not only the old urban millions of taxpayers will no longer They said when you think about small schools in need of repair, but also help have to fill out this Schedule B form, business issues, small business issues those suburban school districts in need the interest and dividend income exclu- are women’s issues, because the major- of adding additional classrooms. I sion. So we are simplifying the Tax ity of new businesses that are created think that is very, very important. Code. and started every year today, the ma- Of course, raising the bond cap, as By not requiring those additional jority of them are started by female my colleague from Missouri pointed calculations and forms, some I think 10 entrepreneurs. In the State of Florida, out, it is so important. We provide for million Americans will no longer have two-thirds of new entrepreneurs are fe- a 50 percent increase. That is to be a to file a 1040, they can file a 1040 EZ male, are women entrepreneurs. big help in states like Illinois, not only just because of the small saver provi- I think that is why what we did last helping to provide affordable housing sion. Seven million will not have to year with restoration of the home of- for working and moderate income fam- trouble themselves with the Schedule fice deduction is so important, because ilies, but also in helping infrastructure, B if this small saver provision is signed many of the women entrepreneurs, such as helping expand our schools. into law by the President. So not only they start a business in the home. I think it is important to point out are we providing broad-based relief, we Of course, then the health insurance that this tax package helps married are simplifying the Tax Code, which I issue is so important, not just to couples, family farmers, small business think is something even our friends on women entrepreneurs, but to male en- people and entrepreneurs, and also the other side support. trepreneurs and all small business peo- those who want to send their kids off Mr. HAYWORTH. I thank my col- ple and farmers and entrepreneurs. to college, and helps schools add on ad- league from Missouri. As we take a When you think about it, our goal is to ditional classrooms and keep the roof look at the many different provisions, make sure that health insurance is af- from leaking. and as I hear my colleagues remark on fordable for everyone. Our goal is giv- Mr. HAYWORTH. I thank my col- the different provisions that benefit ing everyone access to affordable league from Illinois for raising this hard working Americans, Mr. Speaker, health care. Of course, we should really part of this very human equation, be- I am reminded again of the many town work to achieve that goal. cause there is a temptation when we halls that I have held back in the 6th This is a big step, because by giving start talking about tax bills and tax re- District of Arizona, and I hear from the self-employed, the entrepreneur, lief to somehow put on the green eye- people, and perhaps we ought to change the same tax deduction that the big shade and pull out the calculators or the nomenclature, because we so often corporations on Wall Street get, it is the slide rules and deal with numbers, casually refer to small business. I an issue of fairness. We are working to and, please, do not get me wrong, the think, Mr. Speaker, we should change bring fairness to the Tax Code by help- numbers are important, Mr. Speaker, that notion and redefine small business ing these entrepreneurs, which I point- especially the $1.4 trillion which we as essential business, because really ed out earlier the majority of are fe- pledged to set aside for Social Secu- those essential businesses, not with male-owned enterprises, that is a big rity. thousands upon thousands of employ- victory. But, moreover, there is a concept ees, but those smaller enterprises, But the 90–10 plan is good for edu- here that my colleague from Illinois sometimes called mom and pop oper- cation, and helping our schools and touched on, and it is this: There are ations, indeed form the backbone of those who want to send their kids to those in this city who still fail to learn our economy, for those essential busi- college and local schools has been a the lessons of history, who would still nesses, or, in common nomenclature, priority in this Congress in the last have us believe that a centralized bu- those small businesses employ more four years that I have had the privilege reaucracy can make decisions for your people than the corporate giants. of serving here. family, for your school district, sadly I Especially for those Americans who I think it is important to note that suppose ultimately for your children in are self-employed, how much I have some of what some people say are the a lot of ways, and I think our new com- heard at town hall meetings, ‘‘Con- smaller provisions in this tax package mon sense conservative majority says gressman, I am self-employed. When actually are pretty important. this: That we believe education is too can I deduct my health insurance costs Last year we gave tax exempt treat- important to leave up to Washington like the big guys in corporate Amer- ment to prepaid college tuition pro- bureaucrats. There is no way that folks ica?’’ And this bill does that, allowing grams for state universities, such as inside this beltway can micro-manage for 100 percent deduction of health in- the University of Illinois and the other education. Indeed, sadly, one need only surance premiums for the self-em- state universities in the State of Illi- look to the schools inside this District H9268 CONGRESSIONAL RECORD — HOUSE October 1, 1998 of Columbia to see what disarray can this common sense tax policy say quite I think one good point to make, I was befall an educational system at the the contrary: This is not a gift to the of course walking down the street in hands of big government solutions and American people. This is money that Joliette the other day and the Presi- more and more spending with less and belongs to the American people. We do dent had just given a little talk, and, of less accountability. not sit here and deign to give them a course, he said we should not ‘‘squan- So what we are saying in this tax bill pittance of what they sent in to Uncle der’’ was his term the surplus on any- is for local school districts, to have Sam. It is their money to begin with. thing except his priorities. What I provisions that they can use for capital So, Mr. Speaker, tonight as we con- found interesting is that the President improvements, for construction, for tinue to review these provisions, let us ignores that we are setting $1.4 trillion, renovation. As my colleague from Illi- respectfully take issue with those who or $1 trillion, 400 billion in surplus tax nois points out, that is the key. We un- time and again come to this floor, or revenue to set aside to save Social Se- derstand that not all the answers exist sadly on an annual basis to the podium curity, and, of course, the remaining 10 inside the Beltway in Washington D.C., behind us here, and display a mindset percent we give back to the American and we are better served when we that would seem to suggest that tax re- people. transfer money, power and influence lief for working people is candy or des- What the President for some reason out of Washington and back home to sert or some special gift, as if it is an does not want us to know is that I, people on the front lines, living their accident. growing up on the farm, as my friend lives, educating their kids, and seniors b 2200 from Arizona, I say, judge someone not by what they say, but by what they do. in the dignity of retirement. Indeed, Mr. Speaker, the group here Mr. HOLSHUF. Mr. Speaker, if the The President says we cannot squander on this floor right now and other col- surplus tax revenues on a tax cut for gentleman would yield, there is an- leagues in this majority were sent to other provision in this bill that I think families because we have other things Washington precisely because the we want to use it for. has not been getting a lot of attention, American people understand that they and I know last year when we were de- The President opposes what is a pret- are not selfish for wanting to provide ty modest tax cut, a $16 billion tax cut bating tax relief, that we heard the for their own families; that they are next year, but he turns right around mantra, the weary mantra from the not selfish for wanting to have a great- and proposes spending $20 billion of the other side, ‘‘tax breaks for the er control of their own destiny and surplus tax revenues on defense spend- wealthy.’’ Yet in this particular bill, a their own futures; that they are not ing and on the State Department and colleague from the class of 1994, the selfish for saying to Washington bu- other things that he feels are impor- gentleman from Oklahoma (Mr. reaucrats, we earned this money. We tant. WATTS) working with another col- want to see a strong Federal Govern- So he does not want to give back to league from Missouri, a neighbor of ment, but not a government powerful the taxpayer that extra tax revenue; he mine, the gentleman from Missouri enough to take away everything we wants to spend it. And that is why it is (Mr. TALENT) from the 2nd Congres- have. That is the difference. Tax relief so important that the 90–10 plan be en- sional District, the Watts-Talent Com- is not selfish; tax relief undergirds the acted. Because what is exciting I think munity Renewal Provision, again, to notion of individual freedoms and a really for the folks back home is the set up I think 20 separate empower- sense of responsibility. 90–10 plan, by setting aside 90 percent I yield to my friend from Pennsyl- ment zones, especially in these areas, of the budget, the surplus, extra tax vania. you were talking about the schools, revenue for saving Social Security and but especially in these inner-city areas Mr. FOX of Pennsylvania. Mr. Speak- er, I thank the gentleman from Ari- giving the other 10 percent back in tax that have become blighted, where we relief is we prevent those politicians have seen businesses that have fled zona. The fact is that we would not be having this happy situation of a pos- who ran up the massive deficits over from those inner-cities to the suburbs. the last 28 years from spending it. I This particular provision would have sible tax decrease if it were not for the fact that an historic balanced budget think that is a big victory. zero capital gains for private industry I also would like to point out another was adopted by the Republican-led that chooses to go back into the inner provision in this tax bill. I think that Congress which has led to reduced cities, to revitalize and renew those it is also very important, one of those communities. That provision is in this costs for mortgage interest for the home, reduced costs for car expense we do not hear about as much. All of us bill as well and has not been getting loans, and reduced costs for education here, the 4 of us here are strong sup- much attention. expenses. That has helped to spur the porters of welfare reform, and whether Again, I think what all of these very one is liberal or conservative on wel- strong provisions, I dare say that I do economy, have helped to increase em- ployment, more people having jobs. fare reform, I think we all agree that not understand how the White House The whole economy, we have seen it in we want to have jobs there for those can talk about vetoing, and that is the stock market, we have seen it in who are on welfare so that they can casting aside this very good tax pack- Wall Street, and we have seen it on raise themselves up and become an ac- age, with all of the things included, Main Street, and that has led to the tive part of the community and a tax- plus this very important community opportunity for what I believe should payer and join the work rolls and get renewal provision that has been co- be a bipartisan tax decrease and a So- off of the welfare rolls. One of the key sponsored by the gentleman from Okla- cial Security system that will be provisions that is in this legislation is homa and the gentleman from Mis- strengthened because of the passage of we continue, and we extend, a stream- souri. this bill. lined work opportunity tax credit, a Mr. HAYWORTH. Again, there are so We thank those of our colleagues who tax incentive for the private sector to many positive provisions of this bill are on the Committee on Ways and give those who are on welfare an oppor- that I think all of us on this floor stand Means for their leadership in starting tunity for a job. That is a big victory, in amazement to hear the mindset of the committee process. I believe. those on the left who, after 40 years I yield back to the gentleman from I think of the area in the south side time, never set aside a single penny for Arizona. of Chicago and in the south suburbs, Social Security, Mr. Speaker. That is Mr. HAYWORTH. Mr. Speaker, it is where many communities are impover- right, zero, zip, zilch, nada, not even an just a common sense notion. Money ished, older industrial communities, idea of how to set aside funds to save does not belong to Uncle Sam, it be- and there are those, even though the Social Security. longs to the hard-working people of the economy has been pretty good, who are Yet to hear the tired old chorus, they United States, and those hard-working still on welfare, who would like to have would have you believe some sort of people ought to hang on to more of it a job, and because of the work oppor- cynical mumbo-jumbo that this is and send less of it here to Washington. tunity tax credit, we have now seen something that Americans are not en- The gentleman from Illinois. thousands of Illinois welfare recipients titled to. It is some sort of gimmick. Mr. WELLER. Mr. Speaker, I thank having the opportunity to go to work. No, Mr. Speaker, I think all of us on the gentleman from Arizona for yield- In fact, I can think of about 6 compa- the floor and those of us who voted for ing. nies that have provided almost 3,300 October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9269 jobs in the Chicago area to former wel- Those are true results. And they go a to the floor of the people’s House to fare recipients, giving them the oppor- long way, and this tax package will discuss the people’s solution, grounded tunity to lift themselves up and go to help further that endeavor. on 2 realities, Mr. Speaker. Number 1, work. That is a big victory. The gentleman from Missouri. our firm conviction that the money in That is why this tax package is so Mr. HULSHOF. Mr. Speaker, I appre- the pockets of American citizens be- important. The President and his ciate the gentleman yielding. I know longs to those citizens. Not to Uncle friends would like to spend the surplus our time is drawing short. Sam, not to the Washington bureau- on the State Department and military In addition to one of the provisions crats, not to a burgeoning Federal Gov- missions in Europe and so-called other in the bill that does not get a lot of air ernment, which has grown leviathan spending priorities that the President play, if you will, is the credit that we through the years, but instead to the has, but that is $20 billion next year he provide companies in this country to people of the United States who de- would like to spend of the surplus. We invest in research. Mr. Speaker, my serve to hang on to more of their hard- are saying, now, wait a second. What friend from Arizona knows that tech- earned money and send less of it to we spend here should go through the nology is the key for America remain- Washington. regular appropriations process, should ing on the cutting edge of being a The second notion is this firm con- be under the budget rules and be part world leader. In the past we have pro- viction, that to fulfill the social con- of the budget. Instead, that extra tax vided certain credits, tax credits for tract, time-honored over years in this revenue we should give back and use it businesses who try those new ideas, century, we believe it is vital of the to save Social Security. who put into practice, as they ordi- surplus we are projecting to set aside That is what is exciting about the 90– narily would, those innovative plans 90 percent of that surplus, $1 trillion, 10 plan. Under that plan we help save off the drawing board that they try to 400 billion to save Social Security. In Social Security by setting aside $1.4 put into action. And that tax credit of stark contrast to our liberal friends trillion, $1 trillion, 400 billion in extra course has expired, but now we include who, during 40 years time in the major- tax revenue that goes to save social se- that tax credit, that research and de- ity, never quite found the time or the curity, and the rest we give back. velopment treatment so that compa- inclination to set aside 1 penny. We be- Eliminating the marriage tax penalty nies and businesses, not just the big lieve we owe it to today’s seniors and for the majority of those who have suf- ones, but the mom and pops that think future generations to save $1 trillion, fered, helping family farmers in Illi- they can build a better mousetrap, that 400 billion which will be devoted exclu- nois, helping small businesses in Illi- they can also have access by bringing sively to saving Social Security. nois, helping schools in Illinois, help- those plans off the drawing board to Mr. Speaker, I suppose it really ing those on welfare in Illinois go to make sure that we remain the most comes down to the policies of hope and work, and helping those who want to competitive among other nations prosperity versus the politics of fear send their kids to college in Illinois. across the planet, and it is something and class-envy. Indeed, one year ago That is a big victory for the kids back that does not get again very much dis- the President of the United States home. cussion, but something I think that is journeyed out of the District of Colum- That is why I think it is so important very critical and crucial that is in- bia across the river to the Common- that we continue to work for biparti- cluded in this tax plan. wealth of Virginia where on a Sunday san support. We need to convince the Mr. Speaker, as a final point I would before a statewide election he pro- President that it is the right thing to say to my friend and allow the gen- ceeded to lecture the people of Vir- do. We want to eliminate the marriage tleman to conclude, my colleagues here ginia, essentially telling them that if tax penalty and we want to eliminate this evening, most of them were elect- they wanted their car tax reduced, those other unfair provisions in the ed I think in the elections of 1994. As a they were being selfish. For all his al- Tax Code. We want to save Social Secu- new Member, someone who is just leged political acumen, sadly, the rity and eliminate the marriage tax about to conclude his first term, there President was mistaken and his advise penalty. It should be a bipartisan ef- seems to be a universal attraction here to Virginia voters last year was over- fort. My hope is that the President will in Washington between a pot of whelmingly rejected with the election join with us. unspent money and a Washington poli- of Governor Gillmor who has worked to One message I have heard time and tician. If we do not set aside this sur- reduce that unfair car tax. time again back home, and that is that plus money to save Social Security as Now, for all 50 States and the Dis- the seniors always say, let us keep the we are doing, 90 cents out of every dol- trict of Columbia, we reaffirm this politics out of Social Security. Repub- lar, putting that aside, and then allow- basic notion. That money should re- licans and Democrats should work to- ing 10 cents out of a dollar remaining main in the pockets of hard-working gether to save Social Security and they in the pockets of the taxpayers who Americans, not as some cynical stunt should also work together to eliminate earned it, if we do not take the meas- as those on the left would have us be- the marriage tax penalty as well. ures now, those affirmative actions lieve, but because it is the right thing I yield back to the gentleman from now to shield off those surplus funds, it to do. Arizona. will be spent. It will be spent on big b 2215 Mr. HAYWORTH. Mr. Speaker, I government, it will be spent on Wash- thank my colleague and would just re- ington. This 90/10 plan provides, again, an- iterate his comments on welfare and So I very much applaud and support other modest attempt to ensure that welfare-to-work and what this tax bill our efforts last week of taking 90 per- Americans hold onto more of their does in providing those opportunities cent of projected surpluses, strengthen- money, thereby strengthening the in- to extend the work opportunity tax ing Social Security, shoring it up for stitution of marriage, thereby credit and the welfare-to-work tax the future. Again, not just for today’s strengthening the family, thereby credit. It is so vital, because indeed, seniors, but for future generations of strengthening local control of issues there has been a disconnection in this seniors, while at the same time of put- such as education, thereby strengthen- city with the rest of America, because ting that 90 percent towards Social Se- ing seniors, who have seen the hand- this city has, and those in the Federal curity, and allowing 10 percent to re- cuffs taken off of the earnings limits; Government and the bureaucracy, have main in the pockets of the taxpayers in short, to offer something to all measured compassion by the number of who send it here to Washington. They working Americans, because, after all, people added to the welfare rolls. We deserve no less than that. Mr. Speaker, it is their money. say true compassion, Mr. Speaker, is I appreciate the gentleman for allow- Mr. Speaker, in closing, I would ad- exactly the opposite. True compassion ing me to spend some time with him dress, through the Chair, the other is moving people off welfare and on to this evening. body and those in the executive branch work. Mr. HAYWORTH. Mr. Speaker, I of government to join with us; to re- Almost 4 million Americans have left thank my colleague from Missouri, main committed to the notion of a the welfare rolls and are now gainfully also my colleagues from Illinois, Penn- smaller, more effective Federal Gov- employed. That is true compassion. sylvania and South Dakota, for coming ernment; to stay true to the notion of H9270 CONGRESSIONAL RECORD — HOUSE October 1, 1998 Americans holding onto more of their talks are useless when only one party willing to come to my district to talk hard-earned money. truly wants peace. Frustrated with the to leaders of the Greek and Cypriot We would ask that, in a bipartisan almost instantaneous collapse of these communities, which he did on Septem- way, even with the reality of a pending talks, I wrote to President Clinton urg- ber 13. election in a little more than one ing that he adopt a hard-line policy, I have to say, Mr. Speaker, I appre- month’s time, that we join together. and use American influence with the ciated the Ambassador’s visit to New For if we do not, Mr. Speaker, again, Turkish military to get the Turks to Jersey. Everyone there, myself in- what we have done is offered a clear cooperate. cluded, told Ambassador Miller that it choice to the American people: Do they Specifically, I asked that the U.S. was our very strong belief that Turkey want to stand up for a plan that recog- government communicate to Ankara with not change its behavior unless it nizes that we should save social secu- that there would be severe con- was clear that that behavior would rity by setting aside $1,400,000,000,000, sequences in U.S.-Turkey relations if it bring serious consequences from the and at the same time offering tax re- did not prevail upon its puppet regime international community and the lief, reaffirming the promise of our in- in Northern Cyprus to abandon these United States, in particular. dividual freedoms and individual en- new demands and cooperate in the But our concern was that the U.S. deavors, and the fact that it is our peace process. I have, unfortunately, has not indicated to the Turkish gov- money? Or do we want to return to the seen no indication that any such mes- ernment there would be any serious re- tired, old ways of the Washington bu- sage was communicated. sponse to their activities. If anything, reaucracy, and the notion that Wash- While I do not question the adminis- the U.S. gives the impression that Tur- ington, D.C. knows best? tration’s commitment to bring peace key is more important as an ally today Mr. Speaker, the choice is crystal to the region, I have nonetheless been than it was in the past, and that the clear. But even now, while we rejoice in disappointed with its tepid response to administration was going out of its difference, we would ask people to co- this newest spate of Turkish obsti- way to show U.S. support for Turkey in operate, because after all, the Amer- nance. the context of its application to the ican people have the most to gain. I am also very wary of the adminis- European Union, its strategic signifi- f tration’s response to another issue that cance in the Middle East, and in many I have been following closely and work- other respects. Even our condemnation CYPRUS’S INDEPENDENCE DAY ing on over the last few weeks. Shortly of human rights violations in Turkey, The SPEAKER pro tempore (Mr. after the collapse of the peace talks, particularly with respect to the Kurds, GILCHREST). Under a previous order of the Cypriot foreign minister was in I think has been insignificant. the House, the gentleman from Penn- town visiting Washington, and came to What I would like to emphasize, sylvania (Mr. PALLONE) is recognized Capitol Hill to meet with Members of though, Mr. Speaker, before I conclude for 5 minutes. Congress. tonight, is that I, along with quite a Mr. PALLONE. Mr. Speaker, I rise At that meeting, some Members few other Members, are intent on hold- tonight to congratulate the Republic of raised the issue of illegal Turkish ing Turkey accountable for its actions Cyprus on the 38th anniversary of its transfers of American weapons to and bringing true independence to Cy- independence today. I came down to Northern Cyprus. This was very trou- prus. We have seen success in Northern the House floor to speak about Cy- bling to learn of, in light of the col- Ireland and Bosnia. With continued prus’s Independence Day because I lapse of the peace talks, and because it vigilance, we can bring success to Cy- think it is imperative that Congress was consistent with other reports of prus. take every opportunity to highlight similar Turkish behavior. The illegal With hard work and a hard-line pol- the fact that the Republic of Cyprus transfer of weapons by Turkey in fact icy, I must emphasize, harder than we does not enjoy true independence as we was something I was already concerned have now, we will one day surely be understand it in the United States. about. On trips I had taken to Arme- able to celebrate the true independence For 24 of the 38 years since Cyprus nia, I saw firsthand American weapons of Cyprus on a future Independence became an independent State, the that had been seized from the Day. northern 37 percent of the island has Azerbaijanis. f been occupied by an illegal Turkish oc- Following the meeting with the for- cupation force. Today, some 35,000 eign minister, I decided that we ought LEAVE OF ABSENCE Turkish troops remain entrenched in to pursue the idea of holding congres- By unanimous consent, leave of ab- the self-declared Turkish Republic of sional hearings on this topic of weap- sence was granted to: Northern Cyprus, which has been rec- ons transfers. I teamed up with the Mrs. FOWLER (at the request of Mr. ognized only by the regime in Ankara. gentleman from California (Mr. BRAD ARMEY) for today and the balance of This occupation continues to desta- SHERMAN) and the gentlewoman from the week on account of family medical bilize the region, and sadly, the Turks New York (Mrs. CAROLYN MALONEY), reasons. appear to be growing only more and and sent a Dear Colleague to all Mem- Ms. HARMAN (at the request of Mr. more intransigent and unreasonable in bers of the House asking them to sign GEPHARDT) for Thursday, October 1 on moving the peace process forward. a letter to the chairman of the Com- account of family business. Despite numerous outstanding U.N. mittee on International Relations, ask- Mr. MARTINEZ (at the request of Mr. resolutions calling for a negotiated set- ing him to hold hearings. GEPHARDT) for Thursday, October 1 on tlement, and a standing offer by Cyp- As it was being circulated, it came to account of personal reasons. riot President Clerides to demilitarize the attention of Ambassador Tom Mil- f the island, the regime in Ankara delib- ler. Ambassador Miller is now the erately set the peace process back. State Department’s special coordinator SPECIAL ORDERS GRANTED Over the last several months, there for Cyprus. He subsequently contacted By unanimous consent, permission to have been some actions by the Turkish myself, the gentleman from California address the House, following the legis- side that have been of particular cause (Mr. SHERMAN), and the gentlewoman lative program and any special orders for concern. In May, as most of us who from New York (Mrs. MALONEY), and heretofore entered, was granted to: follow the Cyprus issue know, a new at- asked if he could come to talk with us. (The following Members (at the re- tempt to resuscitate peace talks led by During the meeting, he informed me quest of Mr. KENNEDY of Rhode Island) Ambassador Richard Holbrooke col- that in response to the inquiries by to revise and extend their remarks and lapsed when the Turks abruptly in- Members of Congress about Turkish include extraneous material:) sisted on three new and unfounded pre- arms transfers, the State Department Mr. KENNEDY of Rhode Island, for 5 conditions to meaningful negotiations. would prepare a report on the matter, minutes, today. These preconditions, Mr. Speaker, and that report is at this time being Mr. CONYERS, for 5 minutes, today. were absolutely ridiculous. They prepared. Mrs. CAPPS, for 5 minutes, today. prompted a public rebuke from Ambas- In addition to the report, Ambas- Mr. BLUMENAUER, for 5 minutes, sador Holbrooke, who noted that peace sador Miller indicated that he would be today. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9271

Ms. JACKSON-LEE of Texas, for 5 min- Mr. HOYER. The motion was agreed to; accord- utes, today. Mr. BENTSEN. ingly (at 10 o’clock and 22 minutes Mr. SCAGGS, for 5 minutes, today. Mrs. CLAYTON. p.m.), the House adjourned until to- Mr. HINCHEY, for 5 minutes, today. Mr. KLECZKA. morrow, Friday, October 2, 1998, at 9 (The following Members (at the re- Mr. STARK. a.m. quest of Mr. HASTINGS of Washington) Mr. BERRY. f to revise and extend their remarks and Mr. FARR of California. EXECUTIVE COMMUNICATIONS, include extraneous material:) Mr. KUCINICH. ETC. Mr. FOSSELLA, for 5 minutes, today. Mr. BARCIA. Mr. KINGSTON, for 5 minutes, today. Mr. PALLONE. Under clause 2 of rule XXIV, execu- Mr. SCARBOROUGH, for 5 minutes, Mr. DOYLE. tive communications were taken from today. Mr. HINCHEY. the Speaker’s table and referred as fol- Mr. WELDON of Pennsylvania, for 5 Mr. DAVIS of Florida. lows: minutes, today. Mr. GEJDENSON. 11387. A letter from the Director, Office of Mr. TALENT, for 5 minutes, today. (The following Members (at the re- Regulatory Management and Information, Environmental Protection Agency, transmit- (The following Member (at his own quest of Mr. THUNE) and to include ex- ting the Agency’s final rule—Acrylic Acid, request) to revise and extend his re- traneous material:) Styrene, -Methyl Styrene Copolymer, Am- marks and include extraneous mate- Mr. PORTMAN. monium Salt; and Styrene, 2–Ethylhexyl Ac- rial:) Mr. MCKEON. rylate, Butyl Acrylate Copolymer; Exemp- Mr. HINCHEY, for 5 minutes, today. Mr. SAXTON. tion from the Requirements of a Tolerance (The following Member (at his own Mr. YOUNG of Florida. [OPP–300722; FRL 6032–4](RIN: 2070–AB78) re- request) to revise and extend his re- Mr. CALVERT. ceived September 26, 1998, pursuant to 5 marks and include extraneous mate- Mr. GALLEGLY. U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. Mr. SOLOMON. rial:) 11388. A letter from the Director, Office of Mr. WELLER, for 5 minutes, today. Mr. CRANE. Regulatory Management and Information, (The following Member (at his own Mr. ENSIGN. Environmental Protection Agency, transmit- request) to revise and extend his re- Mr. CANNON. ting the Agency’s final rule—Fluroxypyr; marks and include extraneous mate- Mr. NEY. Pesticide Tolerance [OPP–300724; FRL–6033–4] rial:) Mr. JENKINS. (RIN: 2070–AB78) received September 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. PAUL, for 5 minutes, today. Mr. CLAY. mittee on Agriculture. Mr. LANTOS. (The following Member (at his own 11389. A letter from the Director, Office of request) to revise and extend his re- Mr. FAZIO of California. Regulatory Management and Information, marks and include extraneous mate- Mr. UPTON. Environmental Protection Agency, transmit- rial:) Mr. STARK. ting the Agency’s final rule—Mepiquat Chlo- Mr. JONES, for 5 minutes, today. Mr. FATTAH. ride; Pesticide Tolerances for Emergency Ex- (The following Members (at the re- Mrs. CLAYTON. emptions [OPP–300719; FRL–6032–6] (RIN: 2070–AB78) received September 26, 1998, pur- quest of Mr. THUNE) to revise and ex- Mr. KLECZKA. Mr. WEYGAND. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tend their remarks and include extra- tee on Agriculture. neous material:) Mr. CLYBURN. 11390. A letter from the Director, Office of Mr. ARMEY, for 5 minutes, on October Mr. MARKEY. Regulatory Management and Information, 2. Mrs. MCCARTHY of New York. Environmental Protection Agency, transmit- Mr. ENGLISH of Pennsylvania, for 5 Mr. BERRY. ting the Agency’s final rule—Tebufenozide; minutes, on October 2. f Pesticide Tolerances for Emergency Exemp- tions [OPP–300721; FRL–6033–3] (RIN: 2070– Mr. DIAZ-BALART, for 5 minutes, on ENROLLED BILLS SIGNED AB78) received September 26, 1998, pursuant October 5. Mr. THOMAS, from the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on f Agriculture. on House Oversight, reported that that 11391. A letter from the Director, Office of EXTENSION OF REMARKS committee had examined and found Regulatory Management and Information, By unanimous consent, permission to truly enrolled bills of the House of the Environmental Protection Agency, transmit- revise and extend remarks was granted following titles, which were thereupon ting the Agency’s final rule—Carfentrazone- to: signed by the Speaker: ethyl; Pesticide Tolerance [OPP–300718; (The following Members (at the re- H.R. 3096. An act to correct a provision re- FRL–6032–1] (RIN: 2070–AB78) received Sep- lating to termination of benefits for con- tember 26, 1998, pursuant to 5 U.S.C. quest of Mr. KENNEDY of Rhode Island) 801(a)(1)(A); to the Committee on Agri- and to include extraneous material:) victed persons. H.R. 4060. An act making appropriations culture. Ms. JACKSON-LEE of Texas. 11392. A letter from the Director, Office of for energy and water development for the fis- Regulatory Management and Information, Mr. KIND. cal year ending September 30, 1999, and for Environmental Protection Agency, transmit- Mr. GORDON. other purposes. ting the Agency’s final rule—Zucchini Juice Mr. TOWNS. H.R. 4382. An act to amend the Public Added to Buffalo Gourd Root Powder; Ex- Mr. MCGOVERN. Health Service Act to revise and extend the emption From the Requirement of a Toler- program for mammography quality stand- Mr. HAMILTON. ance [OPP–300683; FRL–6017–5] (RIN: 2070– ards. Mr. GEJDENSON. AB78) received Septmeber 26, 1998, pursuant Mr. BENTSEN. f to 5 U.S.C. 801(a)(1)(A); to the Committee on (The following Members (at the re- SENATE ENROLLED BILLS SIGNED Agriculture. quest of Mr. HASTINGS of Washington) 11393. A letter from the Chief, Programs and to include extraneous material:) The SPEAKER announced his signa- and Legislation Division, Office of Legisla- Ms. ROS-LEHTINEN. ture to enrolled bills of the Senate of tive Liaison, Department of the Air Force, transmitting notification that the Air Force Mrs. ROUKEMA. the following titles: S. 1355. An act to designate the United is initiating a cost comparison of Precision Mr. DREIER. Measurment Equipment Laboratories Mr. PETRI. States courthouse located at 141 Church Street in New Haven, Connecticut, as the (PMEL) Air-Force-wide, pursuant to 10 Mr. NEY. ‘‘Richard C. Lee United States Courthouse’’. U.S.C. 2304 nt.; to the Committee on Na- Mrs. MORELLA. S. 2071. An act to extend a quarterly finan- tional Security. 11394. A letter from the Assistant to the Mr. MCKEON. cial report program administered by the Sec- Board, Board of Governors of the Federal Re- Mr. WALSH. retary of Commerce. serve System, transmitting the System’s Mr. SMITH of New Jersey. f final rule—Home Mortgage Disclosure [Regu- Mr. GILMAN. ADJOURNMENT lation C; Docket No. R–0999] received Sep- (The following Members (at the re- tember 26, 1998, pursuant to 5 U.S.C. quest of Mr. MORAN of Virginia) and to Mr. PALLONE. Mr. Speaker, I move 801(a)(1)(A); to the Committee on Banking include extraneous material:) that the House do now adjourn. and Financial Services. H9272 CONGRESSIONAL RECORD — HOUSE October 1, 1998 11395. A letter from the Assistant to the Environmental Protection Agency, transmit- clear Power Reactors (RIN: 3150–AF41) re- Board, Board of Governors of the Federal Re- ting the Agency’s final rule—Oklahoma: ceived September 26, 1998, pursuant to 5 serve System, transmitting the Board’s final Final Authorization of State Hazardous U.S.C. 801(a)(1)(A); to the Committee on rule—Consumer Leasing [Regulation M; Waste Management Program Revisions Commerce. Docket No. R–1004] received September 26, [FRL–6160–9] received September 26, 1998, 11415. A letter from the Assistant Sec- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- retary for Legislative Affairs, Department of Committee on Banking and Financial Serv- mittee on Commerce. State, transmitting certification of a pro- ices. 11406. A letter from the Director, Office of posed Technical Assistance agreement with 11396. A letter from the Assistant to the Regulatory Management and Information, Japan [Transmittal No. DTC 100–98], pursu- Board, Board of Governors of the Federal Re- Environmental Protection Agency, transmit- ant to 22 U.S.C. 2776(c); to the Committee on serve System, transmitting the Board’s final ting the Agency’s final rule—Clean Air Act International Relations. rule—Truth in Savings [Regulation DD; Final Approval of Amendments to Title V 11416. A letter from the Assistant Sec- Docket No. R–1003] received September 26, Operating Permits Program; Pima County retary for Legislative Affairs, Department of 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Environmental Quality, Ari- State, transmitting certification of a pro- Committee on Banking and Financial Serv- zona [AD-FRL–6165–8] received September 26, posed Manufacturing License Agreement with Canada [Transmittal No. DTC 112–98], ices. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 22 U.S.C. 2776(c); to the Commit- 11397. A letter from the Assistant to the Committee on Commerce. Board, Board of Governors of the Federal Re- 11407. A letter from the Director, Office of tee on International Relations. 11417. A letter from the Assistant Sec- serve System, transmitting the Board’s final Regulatory Management and Information, retary for Legislative Affairs, Department of Environmental Protection Agency, transmit- rule—Electronic Fund Transfers [Regulation State, transmitting certification of a pro- E; Docket No. R–1007] received September 26, ting the Agency’s final rule—Final Author- posed Manufacturing License Agreement 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ization of State Hazardous Waste Manage- with Japan [Transmittal No. DTC 122–98], Committee on Banking and Financial Serv- ment Program Revision [FRL–6165–3] pursuant to 22 U.S.C. 2776(c); to the Commit- ices. Receiveed September 26, 1998, pursuant to 5 tee on International Relations. 11398. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on 11418. A letter from the Assistant Legal Regulatory Management and Information, Commerce. Adviser for Treaty Affairs, Department of Environmental Protection Agency, transmit- 11408. A letter from the Director, Office of State, transmitting Copies of international ting the Agency’s final rule—Virginia; Final Regulatory Management and Information, agreements, other than treaties, entered into Approval of Underground Storage Tank Environmental Protection Agency, transmit- by the United States, pursuant to 1 U.S.C. [FRL–6167–7] received September 26, 1998, ting the Agency’s final rule—Approval and 112b(a); to the Committee on International pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Promulgation of Implementation Plans: Relations. mittee on Commerce. Alaska [AK10–1–7022a; FRL–6162–9] received 11419. A letter from the Assistant Sec- 11399. A letter from the Director, Office of September 26, 1998, pursuant to 5 U.S.C. retary for Legislative Affairs, Department of Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. State, transmitting copies of the original re- Environmental Protection Agency, transmit- 11409. A letter from the Director, Office of port of political contributions by nominees ting the Agency’s final rule—National Prior- Regulatory Management and Information, as cheifs of mission, ambassadors at large, or ities List for Uncontrolled Hazardous Waste Environmental Protection Agency, transmit- ministers, and their families, pursuant to 22 Sites [FRL–6169–3] received September 26, ting the Agency’s final rule—Approval and U.S.C. 3944(b)(2); to the Committee on Inter- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Promulgation of Implementation Plans; national Relations. Committee on Commerce. California State Implementation Plan Revi- 11420. A letter from the Executive Director, 11400. A letter from the Director, Office of sion, San Diego County Air Pollution Con- Committee For Purchase From People Who Regulatory Management and Information, trol District [CA 206–0095a; FRL–6164–6] re- Are Blind Or Severly Disabled, transmitting Environmental Protection Agency, transmit- ceived September 26, 1998, pursuant to 5 the Committee’s final rule—Procurement ting the Agency’s final rule—Massachusetts: U.S.C. 801(a)(1)(A); to the Committee on List; Additions and Deletions—received Sep- Final Authorization of State Hazardous Commerce. tember 25, 1998, pursuant to 5 U.S.C. Waste Management Program Revision [FRL– 11410. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Govern- 6167–9] received September 26, 1998, pursuant Regulatory Management and Information, ment Reform and Oversight. to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- 11421. A letter from the Chairman, Federal Commerce. ting the Agency’s final rule—Regulation of Communications Commission, transmitting 11401. A letter from the Director, Office of Fuels and Fuel Additives: Modification of Activities under the Freedom of Information Regulatory Management and Information, the Covered Areas Provision for Reformu- Act for calendar year 1997, pursuant to 5 Environmental Protection Agency, transmit- lated Gasoline [FRL–6169–5] (RIN: 2060–AG77) U.S.C. 552(d); to the Committee on Govern- ting the Agency’s final rule—Land Disposal received September 26, 1998, pursuant to 5 ment Reform and Oversight. 11422. A letter from the Assistant Sec- Restrictions; Treatment Standards for Spent U.S.C. 801(a)(1)(A); to the Committee on retary for Fish and Wildlife and Parks, De- Potliners from Primary Aluminum Reduc- Commerce. partment of the Interior, transmitting the 11411. A letter from the Director, Office of tion (K088) [FRL–6168–7] received September Department’s final rule—Migratory Bird Regulatory Management and Information, 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Hunting; Late Seasons and Bag and Posses- Environmental Protection Agency, transmit- the Committee on Commerce. sion Limits for Certain Migratory Game 11402. A letter from the Director, Office of ting the Agency’s final rule—Protection of Birds (RIN: 1018–AE93) received September Regulatory Management and Information, Stratospheric Ozone: Halon Recycling and 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Environmental Protection Agency, transmit- Recovery Equipment Certification [FRL— the Committee on Resources. ting the Agency’s final rule—Approval and 6136–8] (RIN: 2060–AI07) received September 11423. A letter from the Acting Assistant Promulgation of Implementation Plans; 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Secretary for Fish and Wildlife and Parks, California State Implementation Plan Revi- the Committee on Commerce. Department of State, transmitting the De- sion, Bay Area Air Quality Management Dis- 11412. A letter from the Director, Office of partment’s final rule—Migratory Bird Hunt- trict [CA 211–0102a: FRL–6161–8] received Sep- Regulatory Management and Information, ing: Migratory Bird Hunting Regulations on tember 26, 1998, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- Certain Federal Indian Reservations and 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Acid Rain Pro- Ceded Lands for the 1998–99 Late Season 11403. A letter from the Director, Office of gram: 1998 Reallocation of Allowances [FRL– (RIN: 1018–AE93) received September 26, 1998, Regulatory Management and Information, 6164–1] (RIN: 2060–AG–86) received September pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Resources. ting the Agency’s final rule—Approval and the Committee on Commerce. 11424. A letter from the Director, National Promulgation of Implementation Plans; 11413. A letter from the AMD-Performance Oceanic and Atmospheric Administration, California State Implementation Plan Revi- Evaluation and Records Management, Fed- transmitting the Administration’s final sion, Placer County Air Pollution Control eral Communications Commission, transmit- rule—Endangered and Threatened Species; District [CA 206–0096a; FRL–6164–4] received ting the Commission’s final rule—Amend- Threatened Status for JOHNSON’s Seagrass September 26, 1998, pursuant to 5 U.S.C. ment of Section 73.202(b) Table of Allot- [Docket No. 980811214–8214–01; I.D. 052493B] 801(a)(1)(A); to the Committee on Commerce. ments, FM Broadcast Stations. (Big Pine received September 26, 1998, pursuant to 5 11404. A letter from the Director, Office of Key, Clewiston, Ft. Myers Villas, U.S.C. 801(a)(1)(A); to the Committee on Re- Regulatory Management and Information, Indiantown, Jupiter, Key Colony Beach, sources. Environmental Protection Agency, transmit- Naples and Tice, Florida) [MM Docket No. 11425. A letter from the Acting Director, ting the Agency’s final rule—National Prior- 94–155, RM–8468, RM–8802] received Septem- National Marine Fisheries Service, National ities List for Uncontrolled Hazardous Waste ber 25, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Oceanic and Atmospheric Administration, Sites [FRL–6161–2] received September 26, to the Committee on Commerce. transmitting the Department’s final rule— 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 11414. A letter from the Chairman, Nuclear Atlantic Tuna Fisheries; Atlantic Bluefin Committee on Commerce. Regulatory Commission, transmitting the Tuna; Closure [I.D. 090498SA] received Sep- 11405. A letter from the Director, Office of Commission’s final rule—Financial Assur- tember 26, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, ance Requirements for Decommissioning Nu- 801(a)(1)(A); to the Committee on Resources. October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9273 11426. A letter from the General Counsel, Class E Airspace; Price, UT [Airspace Docket Mr. BLILEY: Committee on Commerce. Office of Community Oriented Policing Serv- No. 98–ANM–12] received September 26, 1998, H.R. 563. A bill to establish a toll free num- ices (COPS), Department of Justice, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ber in the Department of Commerce to assist mitting the Department’s final rule—FY 1998 mittee on Transportation and Infrastruc- consumers in determining if products are Police Recruitment Program (RIN: 1105– ture. American-made; with an amendment (Rept. AA58) received September 28, 1998, pursuant 11436. A letter from the General Counsel, 105–759). Referred to the Committee of the to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Whole House on the State of the Union. the Judiciary. the Department’s final rule—Standard In- Mr. KOLBE: Committee of Conference. 11427. A letter from the General Counsel, strument Approach Procedures; Miscellane- Conference report on H.R. 4104. A bill mak- Department of Transportation, transmitting ous Amendments [Docket No. 29330; Amdt. ing appropriations for the Treasury Depart- the Department’s final rule—Airworthiness No. 1890] (RIN: 2120–AA65) received Septem- ment, the United States Postal Service, the Directives; Airbus Model A310, A300–600, and ber 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Executive Office of the President, and cer- A320 Series Airplanes [Docket No. 97–NM– to the Committee on Transportation and In- tain Independent Agencies, for the fiscal 107–AD; Amendment 39–10759; AD 98–19–18] frastructure. year ending September 30, 1999, and for other (RIN: 2120–AA64) received September 26, 1998, 11437. A letter from the General Counsel, purposes (Rept. 105–760). Ordered to be print- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting ed. mittee on Transportation and Infrastruc- the Department’s final rule—Standard In- f ture. strument Approach Procedures; Miscellane- REPORTED BILLS SEQUENTIALLY 11428. A letter from the General Counsel, ous Amendments [Docket No. 29329; Amdt. Department of Transportation, transmitting No. 1889] (RIN: 2120–AA65) received Septem- REFERRED the Department’s final rule—Airworthiness ber 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 5 of rule X, bills and re- Directives; CFM International CFM56–7B Se- to the Committee on Transportation and In- ports were delivered to the Clerk for ries Turbofan Engines [Docket No. 98–ANE– frastructure. printing, and bills referred as follows: 50–AD; Amendment 39–10758; AD 98–14–51] 11438. A letter from the General Counsel, Mr. BURTON: Committee on Government (RIN: 2120–AA64) received September 26, 1998, Department of Transportation, transmitting Reform and Oversight. H.R. 4280. A bill to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Standard In- provide for greater access to child care serv- mittee on Transportation and Infrastruc- strument Approach Procedures; Miscellane- ices for Federal employees; with an amend- ture. ous Amendments [Docket No. 29328; Amdt. ment; referred to the Committee on House 11429. A letter from the General Counsel, No. 1888] (RIN: 2120–AA65) received Septem- Oversight for a period ending not later than Department of Transportation, transmitting ber 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); October 9, 1998, for consideration of such pro- the Department’s final rule—Airworthiness to the Committee on Transportation and In- visions of the bill and amendment as fall Directives; S.N. Centrair 101 Series Sail- frastructure. within the jurisdiction of that committee planes [Docket No. 98–CE–49–AD; Amend- 11439. A letter from the National Director pursuant to clause 1(h), rule X. (Rept. 105– ment 39–10755; AD 98–19–14] (RIN: 2120–AA64) of Appeals, Internal Revenue Service, trans- 756, Pt. 1). received September 26, 1998, pursuant to 5 mitting the Service’s final rule—Subchapter f U.S.C. 801(a)(1)(A); to the Committee on K Anti-Abuse Rule [Regulation 1. 701–2] re- Transportation and Infrastructure. ceived September 25, 1998, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS 11430. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Under clause 5 of rule X and clause 4 Ways and Means. of rule XXII, public bills and resolu- the Department’s final rule—Airworthiness 11440. A letter from the National Director Directives; McDonnell Douglas Model DC–9– of Appeals, Internal Revenue Service, trans- tions were introduced and severally re- 10, -15, and -30 Series Airplanes, and C–9 mitting the Service’s final rule—Tenant Al- ferred, as follows: (Military) Airplanes [Docket No. 96–NM–272– lowances To Retail Store Operators—re- By Mr. GIBBONS (for himself and Mr. AD; Amendment 39–10738; AD 98–18–22] (RIN: ceived September 26, 1998, pursuant to 5 YOUNG of Alaska): 2120–AA64) received September 26, 1998, pur- U.S.C. 801(a)(1)(A); to the Committee on H.R. 4656. A bill to provide for the orderly suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Ways and Means. disposal of certain Federal lands in Clark tee on Transportation and Infrastructure. 11441. A letter from the Acting Chief, Regu- County, Nevada, and to provide for the ac- 11431. A letter from the General Counsel, lations Branch, United States Customs Serv- quisition of environmentally sensitive lands Department of Transportation, transmitting ice, transmitting the Service’s final rule— in the State of Nevada; to the Committee on the Department’s final rule—Airworthiness Andean Trade Preference (T.D. 98–76) (RIN: Resources. Directives; Boeing Model 747 Series Air- 1515–AB59) received September 26, 1998, pur- By Mr. GIBBONS (for himself and Mr. planes [Docket No. 97–NM–47–AD; Amend- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- YOUNG of Alaska): ment 39–10739; AD 98–18–23] (RIN: 2120–AA64) tee on Ways and Means. H.R. 4657. A bill to provide for the orderly received September 26, 1998, pursuant to 5 disposal of certain Federal lands in Clark U.S.C. 801(a)(1)(A); to the Committee on 11442. A letter from the Railroad Retire- County, Nevada, and to provide for the ac- Transportation and Infrastructure. ment Board, transmitting the Annual Report quisition by the Secretary of the Interior of 11432. A letter from the General Counsel, of the Railroad Retirement Board for Fiscal environmentally sensitive lands in the State Department of Transportation, transmitting Year 1997, pursuant to 45 U.S.C. 231f(b)(6); of Nevada; to the Committee on Resources. the Department’s final rule—Airworthiness jointly to the Committees on Transportation By Mr. SMITH of Texas: Directives; Airbus Industrie Model A320 Se- and Infrastructure and Ways and Means. H.R. 4658. A bill to extend the date by ries Airplanes [Docket No. 97–NM–156–AD; f which an automated entry-exit control sys- tem must be developed; to the Committee on Amendment 39–10740; AD 98–18–24] (RIN: 2120– REPORTS OF COMMITTEES ON AA64) received September 26, 1998, pursuant the Judiciary. to 5 U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS By Mr. FAZIO of California (for him- Transportation and Infrastructure. Under clause 2 of rule XIII, reports of self, Mr. HYDE, Mr. YATES, Mr. MIL- 11433. A letter from the General Counsel, committees were delivered to the Clerk LER of Florida, Mr. OBEY, Mr. HOYER, Department of Transportation, transmitting for printing and reference to the proper Ms. PELOSI, Mrs. LOWEY, Ms. the Department’s final rule—Airworthiness DELAURO, Mr. TAYLOR of North Caro- calendar, as follows: Directives; Fokker Model F28 Mark 1000, lina, Mr. NEAL of Massachusetts, Mr. 2000, 3000, and 4000 Series Airplanes [Docket Mr. BURTON: Committee on Government SHAYS, Ms. CARSON, Mr. RUSH, Mr. No. 97–NM–290–AD; Amendment 39–10741; AD Reform and Oversight. H.R. 2566. A bill to PARKER, Mr. FROST, Mr. STEARNS, 98–18–25] (RIN: 2120–AA64) received Septem- amend title 5, United States Code, to expand Mr. BENTSEN, Mr. ALLEN, Mr. POM- ber 26, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); the class of individuals under the Civil Serv- EROY, Mr. UNDERWOOD, Mr. to the Committee on Transportation and In- ice Retirement System eligible to elect the ETHERIDGE, Mr. CRAMER, Mr. WAX- frastructure. option under which the deposit which is nor- MAN, Mr. BERMAN, Mr. SMITH of 11434. A letter from the General Counsel, mally required in connection with a refund Michigan, Mr. LEWIS of Georgia, Ms. Department of Transportation, transmitting previously taken may instead be made up ROYBAL-ALLARD, Mr. SNYDER, Mr. the Department’s final rule—Airworthiness through an actuarially equivalent annuity RAMSTAD, Mrs. TAUSCHER, Mr. EVANS, Directives; Construcciones Aeronauticas, reduction; with amendments (Rept. 105–757). Mr. MALONEY of Connecticut, Mr. S.A. (CASA) Model C–212 Series Airplanes Referred to the Committee of the Whole TURNER, Mr. ENGLISH of Pennsyl- [Docket No. 96–NM–123–AD; Amendement 39– House on the State of the Union. vania, Mr. MATSUI, Mr. BAESLER, Mr. 10737; AD 98–18–21] (RIN: 2120–AA64) received Mr. LINDER: Committee on Rules. House LUTHER, Mr. SANDLIN, Mrs. MYRICK, September 26, 1998, pursuant to 5 U.S.C. Resolution 560. Resolution providing for con- Mr. HILLIARD, and Mr. FORBES): 801(a)(1)(A); to the Committee on Transpor- sideration of the bill (H.R. 3789) to amend H.R. 4659. A bill to amend the National tation and Infrastructure. title 28, United States Code, to enlarge Fed- Child Protection Act of 1993 to ensure that 11435. A letter from the General Counsel, eral Court jurisdiction over purported class elementary and secondary schools are in- Department of Transportation, transmitting actions (Rept. 105–758). Referred to the House cluded as a qualified entity; to the Commit- the Department’s final rule—Amendment of Calendar. tee on the Judiciary, and in addition to the H9274 CONGRESSIONAL RECORD — HOUSE October 1, 1998

Committee on Education and the Workforce, of Indiana, Mr. HOSTETTLER, Mr. By Mr. SMITH of New Jersey (for him- for a period to be subsequently determined HAMILTON, and Ms. CARSON): self, Mr. HOYER, Mr. CARDIN, Mr. FOX by the Speaker, in each case for consider- H.R. 4668. A bill to designate the facility of of Pennsylvania, Mr. LANTOS, Mr. ation of such provisions as fall within the ju- the United States Postal Service at 30 North HALL of Ohio, Mr. MORAN of Virginia, risdiction of the committee concerned. 7th Street in Terre Haute, Indiana, as the Mr. OLVER, Mr. PAYNE, Mr. MCGOV- By Mr. GILMAN (for himself, Mr. LAN- ‘‘John T. Myers Federal Building’’; to the ERN, Mr. ENGEL, Mr. WEXLER, Mr. TOS, Mr. HYDE, Mr. SMITH of New Jer- Committee on Government Reform and HASTINGS of Florida, and Mr. MCNUL- sey, Mr. ROHRABACHER, Mr. KING of Oversight. TY): New York, Mr. FOX of Pennsylvania, By Mr. PICKETT (for himself, Mr. H. Res. 561. A resolution concerning the and Mr. BLUNT): WELDON of Pennsylvania, Mr. TAYLOR crisis in Kosovo and calling for NATO agree- H.R. 4660. A bill to amend the State De- of Mississippi, Mr. JONES, Mr. SISI- ment to take direct and decisive action partment Basic Authorities Act of 1956 to SKY, and Mr. ORTIZ): against those forces attacking civilian popu- provide rewards for information leading to H.R. 4669. A bill to amend title 10, United lations in Kosovo; to the Committee on the arrest or conviction of any individual for States Code, to restore military retirement International Relations. the commission of an act, or conspiracy to benefits that were reduced by the Military By Mr. SMITH of New Jersey (for him- Retirement Reform Act of 1986; to the Com- act, of international terrorism, narcotics re- self, Mr. GILMAN, Mr. LANTOS, Mr. mittee on National Security. lated offenses, or for serious violations of HYDE, Mr. HOYER, Mr. MARKEY, Mr. By Mr. PITTS: international humanitarian law relating to CHRISTENSEN, Mr. ROHRABACHER, Mr. H.R. 4670. A bill to establish a program of the Former Yugoslavia; to the Committee on SALMON, and Mr. FOX of Pennsyl- formula grants to the States for programs to International Relations. vania): provide pregnant women with alternatives to By Mr. BISHOP: H. Res. 562. A resolution concerning prop- H.R. 4661. A bill to designate the facility of abortion, and for other purposes; to the Com- erties wrongfully expropriated by formerly the United States Postal Service at Tall mittee on Commerce. totalitarian governments; to the Committee Timbers Village Square, United States Route By Mr. SANDERS: on International Relations. 19 South, in THOMASville, Georgia, as the H.R. 4671. A bill to redesignate the Marsh- By Mr. BASS (for himself, Ms. DUNN of ‘‘Lieutenant Henry O. Flipper Station‘‘; to Billings National Historical Park in the Washington, Mr. GINGRICH, Mr. BACH- the Committee on Government Reform and State of Vermont as the ‘‘Marsh-Billings- US, Mr. BAKER, Mr. BALDACCI, Mr. Oversight. ROCKEFELLER National Historical Park‘‘; to BALLENGER, Mr. BARRETT of Wiscon- By Mr. BUNNING of Kentucky: the Committee on Resources. sin, Mr. BARTLETT of Maryland, Mr. H.R. 4662. A bill to direct the Commis- By Mr. SMITH of Michigan: BENTSEN, Mr. BERRY, Mr. BLUNT, Mr. sioner of Social Security to establish a dem- H.R. 4672. A bill to reenact chapter 12 of BOEHLERT, Mrs. BONO, Mr. BORSKI, onstration project to conduct outreach ef- title 11 of the United States Code; to the Committee on the Judiciary. Mr. BOUCHER, Mr. BOYD, Mr. BROWN forts to increase awareness of the availabil- By Mr. SMITH of Michigan: of Ohio, Mr. BURTON of Indiana, Mr. ity of Medicare cost-sharing assistance to el- H.R. 4673. A bill to stimulate increased do- CAMP, Mr. CAMPBELL, Mrs. CAPPS, igible low-income Medicare beneficiaries; to mestic cruise ship opportunities for the Mr. CARDIN, Ms. CARSON, Mr. the Committee on Ways and Means, and in American cruising public by temporarily re- CHAMBLISS, Mrs. CLAYTON, Mr. CLEM- addition to the Committee on Commerce, for ducing barriers for entry into the domestic ENT, Mr. COBLE, Mr. COBURN, Mr. a period to be subsequently determined by cruise ship trade; to the Committee on Na- CONDIT, Mr. COOK, Mr. COOKSEY, Mr. the Speaker, in each case for consideration tional Security, and in addition to the Com- CRAMER, Mr. CUMMINGS, Mr. of such provisions as fall within the jurisdic- mittee on Transportation and Infrastruc- CUNNINGHAM, Mr. DELAHUNT, Mr. tion of the committee concerned. ture, for a period to be subsequently deter- DIXON, Mr. EHLERS, Mr. EHRLICH, By Mr. CRANE (for himself and Mr. mined by the Speaker, in each case for con- Mrs. EMERSON, Mr. ENGLISH of Penn- MATSUI): sideration of such provisions as fall within H.R. 4663. A bill to prohibit the Secretary sylvania, Mr. ENSIGN, Mr. ETHERIDGE, the jurisdiction of the committee concerned. of the Treasury from issuing regulations Mr. EWING, Mr. FALEOMAVAEGA, Mr. By Mr. STARK (for himself and Mr. dealing with hybrid transactions; to the FARR of California, Mr. FAZIO of Cali- KLECZKA): Committee on Ways and Means. fornia, Mr. FILNER, Mr. FOLEY, Mr. H.R. 4674. A bill to amend part C of title FORBES, Mr. FORD, Mrs. FOWLER, Mr. By Mr. GILMAN: XVIII of the Social Security Act to prohibit H.R. 4664. A bill to establish a program to FOX of Pennsylvania, Mr. FRELING- MedicareChoice organizations from arbitrar- HUYSEN, Mr. GALLEGLY, Mr. GEKAS, support a transition to democracy in Iraq; to ily limiting coverage of medically necessary the Committee on International Relations. Mr. GIBBONS, Mr. GILMAN, Mr. GOR- services under MedicareChoice plans; to the DON, Mr. GOSS, Mr. GREEN, Mr. HALL By Mr. HALL of Ohio (for himself, Mr. Committee on Ways and Means, and in addi- of Ohio, Mr. HASTERT, Mr. HEFLEY, STENHOLM, Mr. GILMAN, Mr. HAMIL- tion to the Committee on Commerce, for a Mr. HINCHEY, Mr. HINOJOSA, Mr. HOB- TON, Mr. WOLF, Ms. JACKSON-LEE of period to be subsequently determined by the SON, Mr. HOLDEN, Mr. HORN, Mr. Texas, and Mrs. EMERSON): Speaker, in each case for consideration of HOUGHTON, Ms. JACKSON-LEE of H.R. 4665. A bill to establish the Bill Emer- such provisions as fall within the jurisdic- Texas, Mr. JENKINS, Ms. EDDIE BER- son and Mickey Leland memorial fellowship tion of the committee concerned. programs, and for other purposes; to the NICE JOHNSON of Texas, Mrs. JOHNSON By Mr. TAUZIN (for himself, Mr. MAR- Committee on Agriculture, and in addition of Connecticut, Mrs. KELLY, Mr. KEN- KEY, Mr. DEAL of Georgia, Mr. BOU- to the Committee on International Rela- NEDY of Massachusetts, Ms. KIL- CHER, Mr. SANDERS, and Mrs. KELLY): PATRICK, Mr. KING of New York, Mr. tions, for a period to be subsequently deter- H.R. 4675. A bill to amend the Communica- KLECZKA, Mr. KOLBE, Mr. LANTOS, mined by the Speaker, in each case for con- tions Act of 1934 to establish rules and regu- sideration of such provisions as fall within lations for the redistribution or retrans- Mr. LATOURETTE, Mr. LAZIO of New the jurisdiction of the committee concerned. mission of local signals by satellite broad- York, Mr. MCDERMOTT, Mr. By Mr. HINCHEY (for himself, Mr. casters, and for other purposes; to the Com- MCINTOSH, Mr. MCINTYRE, Mr. WATKINS, Mr. OLVER, Ms. LEE, Ms. mittee on Commerce, and in addition to the MCNULTY, Mr. MEEHAN, Mr. MEEKS of WATERS, Mr. RODRIGUEZ, Mr. BRADY Committee on the Judiciary, for a period to New York, Mr. METCALF, Mr. MICA, of Pennsylvania, Mrs. THURMAN, and be subsequently determined by the Speaker, Mrs. MYRICK, Mr. NADLER, Mr. NEAL Mr. JACKSON of Illinois): in each case for consideration of such provi- of Massachusetts, Mr. NEY, Mr. OBER- H.R. 4666. A bill to authorize the Secretary sions as fall within the jurisdiction of the STAR, Mr. PALLONE, Mr. PAPPAS, Mr. of Agriculture to make grants to establish 33 committee concerned. PASCRELL, Mr. PAYNE, Mr. PORTMAN, additional rural enterprise communities, to By Mr. TOWNS: Ms. PRYCE of Ohio, Mr. QUINN, Mr. provide grant funding for 20 empowerment H.R. 4676. A bill to amend the Inspector RADANOVICH, Mr. RAMSTAD, Mr. zones, and for other purposes; to the Com- General Act of 1978 to establish an Office of REDMOND, Mr. RILEY, Mr. ROGAN, Mr. mittee on Ways and Means, and in addition Inspector General Oversight Council; to the ROMERO-BARCELO, Ms. ROS-LEHTINEN, to the Committee on Agriculture, for a pe- Committee on Government Reform and Mrs. ROUKEMA, Mr. SABO, Mr. SALM- riod to be subsequently determined by the Oversight. ON, Mr. SANDERS, Mr. SANDLIN, Mr. Speaker, in each case for consideration of By Mr. TRAFICANT: SAXTON, Mr. SESSIONS, Mr. SHADEGG, such provisions as fall within the jurisdic- H.R. 4677. A bill to require the registration Mr. SHAW, Mr. SHAYS, Mr. ADAM tion of the committee concerned. of all persons providing intercountry adop- SMITH of Washington, Mr. SMITH of By Mr. MARKEY: tion services; to the Committee on Inter- New Jersey, Mrs. LINDA SMITH of H.R. 4667. A bill to enhance consumer pri- national Relations. Washington, Mr. SOLOMON, Mr. vacy, prevent unfair and deceptive practices, By Mr. BILBRAY: SOUDER, Mr. SPENCE, Mr. SUNUNU, and protect children’s privacy; to the Com- H. Con. Res. 331. Concurrent resolution ex- Mr. TORRES, Mr. TOWNS, Mr. WATTS mittee on Commerce. pressing the sense of Congress concerning of Oklahoma, Mr. WAXMAN, Mr. By Mr. PEASE (for himself, Mr. VIS- the inadequacy of sewage infrastructure fa- WELDON of Pennsylvania, Mr. CLOSKY, Mr. MCINTOSH, Mr. ROEMER, cilities in Tijuana, Mexico; to the Commit- WELLER, Mr. WEYGAND, Ms. WOOLSEY, Mr. SOUDER, Mr. BUYER, Mr. BURTON tee on International Relations. and Mr. YOUNG of Florida): October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9275

H. Res. 565. A resolution expressing the H.R. 3794: Mr. BENTSEN. H.R. 3789 sense of the House of Representatives regard- H.R. 3795: Mr. FOX of Pennsylvania. OFFERED BY: MR. CONYERS H.R. 3831: Mr. RUSH. ing the importance of mammograms and bi- AMENDMENT NO. 1: Page 7, strike lines 11 opsies in the fight against breast cancer; to H.R. 3855: Mrs. HARMAN, Mr. TRAFICANT, through 21 and insert the following: the Committee on Commerce. Mr. GILLMOR, Ms. THURMAN, Mr. BERMAN, ‘‘(f) If, after removal, the court determines By Mr. STUPAK (for himself, Mr. DIN- Mr. PICKETT, and Mr. DEUTSCH. that no aspect of an action that is subject to GELL, Mr. BARRETT of Wisconsin, Mr. H.R. 3861: Mr. KENNEDY of Rhode Island. its jurisdiction solely under the provisions of JOHNSON of Wisconsin, Mr. STRICK- H.R. 3895: Mr. RUSH. section 1332(b) may be maintained as a class LAND, Mr. OBERSTAR, Ms. RIVERS, Mr. H.R. 3925: Mr. TURNER and Mr. LEACH. action under Rule 23 of the Federal Rules of H.R. 3949: Mr. LAMPSON. OBEY, Mr. KILDEE, Mr. ENGLISH of Civil Procedure, the court shall remand the H.R. 3990: Ms. STABENOW. Pennsylvania, Ms. KILPATRICK, Mr. action to the State court from which the ac- H.R. 3991: Mr. CARDIN, Mr. BEREUTER, and LATOURETTE, Mr. WALSH, Ms. KAP- tion arose. Upon remand of the action, the Mrs. CAPPS. TUR, Mr. RAMSTAD, Mrs. THURMAN, period of limitations for any claim brought H.R. 4019: Mr. ENSIGN, Mr. MCINTYRE, and Mr. KIND of Wisconsin, Mr. LUTHER, by any member of the proposed class in any Mr. MARTINEZ. Mr. SABO, Mr. VISCLOSKY, Mr. future class action or individual action shall H.R. 4080: Mrs. MALONEY of New York. SOUDER, Mr. VENTO, Mr. BARCIA of be tolled for the period of time provided H.R. 4121: Mr. TALENT. under Federal or State law, or for the period Michigan, Mr. MCHUGH, Ms. H.R. 4127: Mr. HILLIARD. of time that the removed action was pending STABENOW, and Mr. BROWN of Ohio): H.R. 4151: Mr. DOYLE. in Federal court, whichever period is longer. H. Res. 566. A resolution expressing the H.R. 4167: Mr. BARCIA of Michigan and Mr. The remand of the action shall be without sense of House of Representatives that the RAHALL. prejudice to the reallegation of any such President and the Senate should take the H.R. 4214: Mr. DIXON, Mr. BROWN of Califor- claim in any State court in a class action necessary actions to prevent the sale or di- nia, and Mr. PALLONE. that may meet applicable class certification version of Great Lakes water to foreign H.R. 4220: Mr. BONIOR. countries, business, corporations, and indi- H.R. 4280: Mrs. KELLY. requirements. The removal provisions of sec- viduals until procedures are established to H.R. 4293: Ms. FURSE. tion 1453 shall apply after remand to any re- guarantee that any such sale is fully nego- H.R. 4311: Mr. GUTIERREZ and Ms. SLAUGH- newed State court class action described in tiated between and approved by the govern- TER. the preceding sentence, and if the renewed ments concerned; to the Committee on Inter- H.R. 4332: Mr. ADERHOLT, Mr. JOHNSON of action is removed to Federal court, the Fed- national Relations. Wisconsin, and Mr. SCARBOROUGH. eral court shall determine whether the re- newed action meets the requirements of Rule f H.R. 4339: Mr. OBERSTAR and Mr. METCALF. H.R. 4340: Ms. SLAUGHTER. 23 of the Federal Rules of Civil Procedure.’’. PRIVATE BILLS AND H.R. 4353: Mr. BILIRAKIS. H.R. 3789 RESOLUTIONS H.R. 4358: Mr. ACKERMAN. OFFERED BY MR. DOGGETT H.R. 4376: Mr. FORBES. Under clause 1 of rule XXII, AMENDMENT NO. 2: Page 5, line 3, strike the H.R. 4402: Mr. GOODLATTE and Mr. BLILEY. quotation marks and second period. Mr. DAVIS of Florida introduced A bill H.R. 4403: Mr. WAXMAN, Mr. BROWN of Ohio, Page 5, insert the following after line 3: (H.R. 4678) to authorize conveyance of each Mr. MILLER of California, Mr. SMITH of New ‘‘(4) Paragraph (1) and section 1453 shall of two National Defense Reserve Fleet ves- Jersey, and Mr. STUPAK. apply to a State only if such State, on or sels to The Victory Ship, Inc., located in H.R. 4421: Mrs. MINK of Hawaii, Ms. CHRIS- after the date of the enactment of this Act, Tampa, Florida; which was referred to the TIAN-GREEN, Mr. ENSIGN, and Mr. MANZULLO. enacts a statute that— Committee on National Security. H.R. 4446: Mrs. NORTHUP. ‘‘(A) is adopted in accordance with proce- f H.R. 4449: Mr. CAMPBELL, Mr. MCINNIS, Mr. dures established by that State’s Constitu- STUMP, Mr. VENTO, and Mr. DICKEY. tion for enactment of a statute; ADDITIONAL SPONSORS H.R. 4450: Mr. RUSH. ‘‘(B) does not conflict with that State’s H.R. 4455: Mr. GOODE and Mr. RUSH. Under clause 4 of rule XXII, sponsors Constitution, as interpreted by that State; H.R. 4465: Mr. LATOURETTE. and were added to public bills and resolu- H.R. 4467: Ms. PELOSI. ‘‘(C) declares that paragraph (1) and sec- tions as follows: H.R. 4504: Mr. THOMPSON. tion 1453 shall apply to that State.’’. H.R. 303: Mrs. CHENOWETH and Mr. ADAM H.R. 4513: Mr. DREIER. H.R. 3789 H.R. 4527: Mr. MENENDEZ. SMITH of Washington. OFFERED BY: MS. JACKSON-LEE OF TEXAS H.R. 519: Mr. CAMPBELL. H.R. 4538: Mr. KUCINICH and Mr. AMENDMENT NO. 3: Strike all after the en- H.R. 902: Mr. CAMPBELL, Mrs. ROUKEMA, BLUMENAUER. acting clause and insert the following: Mrs. WILSON, Mr. KASICH, Mr. SHUSTER, and H.R. 4567: Mr. MALONEY of Connecticut, Mr. Mr. BALLENGER. ENSIGN, and Mr. NADLER. SECTION 1. STUDY OF CLASS ACTIONS. H.R. 1126: Mr. JENKINS H.R. 4574: Mr. CHRISTENSEN. Within 12 months of the date of enactment H.R. 1197: Mr. PETERSON of Pennsylvania. H.R. 4590: Mrs. JOHNSON of Connecticut, of this Act, the Judicial Conference of the H.R. 1441: Ms. STABENOW. Ms. CARSON, Mr. KOLBE, and Mr. SHAYS. United States, in consultation with the Na- H.R. 1521: Mr. ROGAN. H.R. 4591: Mr. HILLIARD. tional Center for State Courts, shall conduct EGULA ELLY H.R. 1891: Mr. SPENCE. H.R. 4621: Mr. R , Mrs. K , Mr. a study of Federal and State class actions, H.R. 2020: Mr. DEAL of Georgia. FROST, Mr. DOYLE, and Mr. MCHUGH. which study shall include— H.R. 4627: Mrs. CAPPS, Mr. PALLONE, Mr. H.R. 2450: Mr. BURR of North Carolina. (1) identification of the number of class ac- INCHEY EEKS OS H.R. 2549: Mr. STUMP. H , Mr. M of New York, Mr. B - tions being brought and maintained in Fed- H.R. 2635: Mr. BILBRAY, Mr. BOYD, and Mr. WELL, Mr. OLVER, Mr. BLUMENAUER, Mr. eral and State courts; PASCRELL. HOLDEN, Mr. KLECZKA, and Mr. MATSUI. (2) the extent to which class action rules H.R. 4634: Mr. PRICE of North Carolina, Mr. H.R. 2733: Mr. KUCINICH, Mr. BLAGOJEVICH, are collusively misused or manipulated by CAMPBELL, Mr. ENGLISH of Pennsylvania, Mr. and Mrs. EMERSON. either plaintiffs or defendants in a manner ETCALF ENNEDY H.R. 2914: Mr. BROWN of Ohio. M , Mr. K of Rhode Island, and which denies any of the parties the right to H.R. 2938: Mr. RODRIGUEZ. Mrs. MORELLA. fairness and due process; and H. Con. Res. 55: Mr. FOX of Pennsylvania. H.R. 3032: Mr. KUCINICH and Mr. KANJORSKI. (3) the extent that changing Federal law to H. Con. Res. 274: Mr. GINGRICH. H.R. 3081: Mr. EVANS, Mr. PASCRELL, Mr. allow for removal to Federal court in any H. Con. Res. 281: Mr. DEFAZIO. SANDERS, Mr. QUINN, Mr. KIND of Wisconsin, case where any one member of a plaintiff H. Con. Res. 295: Mr. JEFFERSON. Mrs. THURMAN, Mr. FRELINGHUYSEN, Mr. class and any one defendant are citizens of H. Con. Res. 299: Mr. SMITH of Oregon. JOHNSON of Wisconsin, Mr. OBERSTAR, Mr. different States, and eliminate the $75,000 H. Con. Res. 328: Mr. JACKSON of Illinois, ABERCROMBIE, Ms. MILLENDER-MCDONALD, amount in controversy requirement of sec- Mr. LEWIS of Kentucky, Mr. STRICKLAND, Mr. Mr. MATSUI, Mr. MOAKLEY, Mr. GILMAN, Mr. tion 1332 of title 28, United States Code, LATOURETTE, and Mr. LEWIS of Georgia. BECERRA, Mr. KENNEDY of Massachusetts, would have on— H. Res. 460: Mr. DEFAZIO, Mr. KING of New Mr. PASTOR, Mr. MCNULTY, and Mr. FATTAH. (A) the workload of the Federal judiciary York, Mr. DAVIS of Illinois, and Mr. LIVING- H.R. 3134: Mr. DIXON, Mr. TORRES, Ms. ROY- and the civil docket backlog in the Federal STON. BAL-ALALRD, and Mr. MARTINEZ. courts; and H. Res. 519: Mr. GIBBONS, Mr. SMITH of New H.R. 3234: Mr. DAN SCHAEFER of Colorado. (B) possible delays in the resolution of Jersey, Mr. WATTS of Oklahoma, Mr. FOX of H.R. 3251: Mr. MILLER of California and Mr. class actions. Pennsylvania, and Mr. ROHRABACHER. BILBRAY. Upon completion of the study, the Judicial f H.R. 3448: Mr. OLVER. Conference of the United States shall submit H.R. 3514: Mr. BARCIA of Michigan. AMENDMENTS a report to the Committees on the Judiciary H.R. 3572: Mr. BALDACCI and Mr. JONES. of the House of Representatives and the Sen- H.R. 3632: Mr. HASTINGS of Washington. Under clause 6 of rule XXIII, pro- ate, which shall include any recommenda- H.R. 3792: Ms. PRYCE of Ohio and Mr. posed amendments were submitted as tions for changing class action rules at the RAMSTAD. follows: Federal or State level. H9276 CONGRESSIONAL RECORD — HOUSE October 1, 1998 H.R. 3789 H.R. 4274 Page 62, line 20, insert after the dollar OFFERED BY: MS. JACKSON-LEE OF TEXAS OFFERED BY: MR. FILNER amount ‘‘(decreased by $5,900,000)’’. AMENDMENT NO. 4: In section 1332(b) of title AMENDMENT NO. 10: Page 61, line 11, after H.R. 4274 28, United States Code, as added by section the dollar amount insert ‘‘(increased by OFFERED BY: MR. SANDERS 2(a) of the bill, strike the quotation marks $12,000,000)’’. AMENDMENT NO. 18: Page 56, line 5, after and second period at the end of paragraph (3) Page 63, line 16, after the dollar amount in- each dollar amount, insert ‘‘(decreased by (page 5, line 3), and after paragraph (3) (page sert ‘‘(decreased by $12,000,000)’’. $2,000,000)’’. 5, after line 3) insert the following: H.R. 4274 Page 20, line 9, after the dollar amount, in- ‘‘(4)(A) Paragraph (1) and section 1453 shall OFFERED BY: MR. KENNEDY OF sert ‘‘(increased by $2,000,000)’’. not apply to any class action that is brought MASSACHUSETTS H.R. 4274 for harm caused by a tobacco product. AMENDMENT NO. 11: Page 32, line 9, after OFFERED BY: MR. SANDERS ‘‘(B) As used in this paragraph, the term the dollar amount, insert the following: ‘‘(de- ‘tobacco product’ means— AMENDMENT NO. 19: Page 95, after line 17, creased by $5,000,000)’’. insert the following new section: ‘‘(i) a cigarette, as defined in section 3 of Page 57, line 12, after the dollar amount, the Federal Cigarette Labeling and Advertis- SEC. 517. Whereas 4,400,000 of this Nation’s insert the following: ‘‘(increased by most vulnerable families will lose essential ing Act (15 U.S.C. 1332); $5,000,000)’’. ‘‘(ii) a little cigar, as defined in section 3 of energy assistance, leaving them freezing in the Federal Cigarette Labeling and Advertis- H.R. 4274 the winter or suffering from oppressive heat ing Act (15 U.S.C. 1332); OFFERED BY: MR. LOBIONDO during the summer, if the Low-Income Home Energy Assistance Program (LIHEAP) is not ‘‘(iii) a cigar, as defined in section 5702(a) AMENDMENT NO. 12: Page 44, line 9, insert funded; and whereas two-thirds of LIHEAP of the Internal Revenue Code of 1986; ‘‘(increased by $10,000,000)’’ after the dollar households have incomes of less than $8,000 ‘‘(iv) pipe tobacco; figure. ‘‘(v) loose rolling tobacco and papers used Page 63, line 16, insert ‘‘(reduced by per year, 49 percent of households receiving to contain that tobacco; $10,000,000)’’ after the dollar figure. heating assistance have children less than 18 years old, households containing the elderly ‘‘(vi) a product referred to as smokeless to- H.R. 4274 bacco, as defined in section 9 of the Com- comprise 34 percent of all LIHEAP recipi- OFFERED BY: MR. RIGGS prehensive Smokeless Tobacco Health Edu- ents, and households with at least 1 disabled cation Act of 1986 (15 U.S.C. 4408); and AMENDMENT NO. 13: Page 2, line 16, after person comprise 24 percent of those receiving ‘‘(vii) any other form of tobacco intended the dollar amount, insert the following: ‘‘(re- heating assistance: Now, therefore, be it Re- for human consumption.’’. duced by $25,000,000)’’. solved, That it is the sense of the House of Page 2, line 22, after the dollar amount, in- Representatives that the Low-Income Home H.R. 3789 sert the following: ‘‘(reduced by $25,000,000)’’. Energy Assistance Program should receive OFFERED BY: MR. PALLONE Page 53, line 17, after the dollar amount, no less than the fiscal year 1998 level of AMENDMENT NO. 5: Page 5, line 3, strike the insert the following: ‘‘(reduced by $1,100,000,000 for fiscal year 1999. quotation marks and second period. $25,000,000)’’. H.R. 4274 Page 53, line 19, after the dollar amount, Page 5, insert the following after line 3: OFFERED BY: MR. SANDERS ‘‘(4) Paragraph (1) and section 1453 shall insert the following: ‘‘(reduced by AMENDMENT NO. 20: Page 95, after line 17, not apply to any class action that is brought $25,000,000)’’. insert the following new section: for harm caused by any group health plan, Page 58, line 26, after each of the dollar SEC. 517. It is the sense of the House of health insurance issuer, health care pro- amounts, insert the following: ‘‘(increased by $50,000,000)’’. Representatives that the Low-Income Home vider, or health care professional, if the pri- Energy Assistance Program should receive mary defendant in the action is a group H.R. 4274 no less than the fiscal year 1998 level of health plan or health insurance issuer which OFFERED BY: MR. RIGGS $1,100,000,000 for fiscal year 1999. has a substantial commercial presence in the AMENDMENT NO. 14: Page 54, line 18, after H.R. 4274 State in which the action is brought.’’. the dollar amount, insert the following: ‘‘(re- OFFERED BY: MR. TIAHRT H.R. 3789 duced by $120,000,000)’’. AMENDMENT NO. 21: Page 53, after line 8, in- OFFERED BY: MR. WATT OF NORTH CAROLINA Page 54, line 19, after the dollar amount, insert the following: ‘‘(reduced by sert the following new section: AMENDMENT NO. 6: Page 5, strike line 17 SEC. 221. The program under section 1001 of and all that follows through page 6, line 19. $120,000,000)’’. Page 55, line 10, after the dollar amount, title X of the Public Health Service Act shall Page 6, line 20, strike ‘‘(b) REMOVAL’’ and insert the following: ‘‘(reduced by be carried out in accordance with section 59.9 insert ‘‘(a) REMOVAL’’. of title 42, Code of Federal Regulations, as Page 7, strike line 1 through the matter $120,000,000)’’. Page 56, line 17, after the dollar amount, issued on February 2, 1988 (53 Fed. Reg. 2945), following line 3. insert the following: ‘‘(increased by except that such section 59.9 shall apply as if Page 7, line 4, strike ‘‘(d)’’ and insert ‘‘(b)’’. $120,000,000)’’. there were no references in the section to Page 7, line 9, strike ‘‘(e)’’ and insert ‘‘(c)’’. sections 59.8 and 59.10 of such title 42. H.R. 4274 Page 4, line 1, strike ‘‘and section 1453’’. H.R. 4274 Page 4, line 4, strike ‘‘and section 1453’’. OFFERED BY: MR. RIGGS OFFERED BY: MR. TIAHRT H.R. 4274 AMENDMENT NO. 15: Page 54, line 18, after AMENDMENT NO. 22: At the end of the bill, OFFERED BY: MR. ENGLISH OF PENNSYLVANIA the dollar amount, insert the following: ‘‘(re- duced by $120,000,000)’’. insert after the last section (preceding the AMENDMENT NO. 7: Page 95, after line 17, in- Page 54, line 19, after the dollar amount, short title) the following: sert the following new section: insert the following: ‘‘(reduced by TITLE VIII—ADDITIONAL GENERAL SEC. 517. There are appropriated for carry- $120,000,000)’’. PROVISIONS ing out the Low-Income Home Energy As- Page 55, line 10, after the dollar amount, SEC. 801. Of the funds made available in sistance Act of 1981 $1,100,000,000, to be de- insert the following: ‘‘(reduced by this Act under the heading ‘‘Department of rived by hereby reducing by 3.098 percent $120,000,000)’’. Education—School Improvement Programs’’ each of the amounts appropriated by this Page 56, line 17, after the dollar amount, for the arts in education program, not more Act that are not required by law to be appro- insert the following: ‘‘(increased by than 40 percent may be used for the Federal priated. $60,000,000)’’. administrative costs of such program. H.R. 4274 Page 58, line 26, after each of the dollar H.R. 4274 OFFERED BY: MR. FATTAH amounts, insert the following: ‘‘(increased by $60,000,000)’’. OFFERED BY: MR. TIAHRT AMENDMENT NO. 8: Page 54, line 24, after H.R. 4274 AMENDMENT NO. 23: At the end of the bill, the dollar amount, insert the following: ‘‘(de- insert after the last section (preceding the creased by $200,000,000)’’. OFFERED BY: MR. RIGGS short title) the following: Page 55, line 6, after ‘‘section 1125,’’ insert AMENDMENT NO. 16: Page 56, line 18, after TITLE VIII—ADDITIONAL GENERAL the following: ‘‘$200,000,000 shall be available the dollar amount, insert the following: ‘‘(re- PROVISIONS for the education finance incentive program duced by $50,000,000)’’. under section 1125A,’’. Page 56, line 23, after ‘‘1965,’’, insert the SEC. 801. None of the funds appropriated in this Act may be made available by the Sec- H.R. 4274 following: ‘‘$150,000,000 shall be for charter schools,’’. retary of Education to any educational agen- OFFERED BY: MR. FATTAH cy or institution that— H.R. 4274 AMENDMENT NO. 9: Page 55, line 6, after (1) denies or prevents the parent of an ele- ‘‘section 1125,’’ insert the following: OFFERED BY: MR. SANDERS mentary school or secondary school student ‘‘$200,000,000 shall be available for the edu- AMENDMENT NO. 17: Page 28, line 15, insert the right to inspect and review any instruc- cation finance incentive program under sec- after the first dollar amount ‘‘(increased by tional material used with respect to the edu- tion 1125A,’’. $5,900,000)’’. cational curriculum of, or testing material October 1, 1998 CONGRESSIONAL RECORD — HOUSE H9277 that has been administered to, the student; life (other than directory information or in- TITLE VIII—ADDITIONAL GENERAL or formation necessary to comply with the PROVISIONS (2) without the prior, written, informed Child Abuse Prevention and Treatment Act SEC. 801. None of the amounts made avail- consent of the parent of a student— (42 U.S.C. 5106a)). able in this Act may be expended— (A) requires the student to undergo medi- (1) to carry out the program under section H.R. 4274 cal, psychological, or psychiatric examina- 1001 of title X of the Public Health Service tion, testing, treatment, or immunization OFFERED BY: MR. TIAHRT Act in a manner inconsistent with section (except in the case of a medical emergency); 59.9 of title 42, Code of Federal Regulations; or AMENDMENT NO. 24: At the end of the bill, or (B) requires or otherwise seeks the re- insert after the last section (preceding the (2) to administer the provisions of such sponse of the student to reveal any informa- short title) the following: section 59.9 that relate to sections 59.8 and tion about the student’s personal or family 59.10 of such title 42. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, OCTOBER 1, 1998 No. 135 Senate (Legislative day of Tuesday, September 29, 1998)

The Senate met at 9 a.m., on the ex- In 1821, the Jesuits founded Gonzaga Mr. GORTON. Mr. President, this piration of the recess, and was called to which operates in the tradition of morning the Senate will immediately order by the President pro tempore teaching and learning established by resume consideration of the Depart- [Mr. THURMOND]. the founder of the Jesuits, Ignatius of ment of Defense authorization con- The PRESIDENT pro tempore. To- Loyola. Throughout our nation’s his- ference report. There are 3 hours re- day’s prayer will be offered by the Rev- tory—through the Civil War, the Great maining for debate, with a vote occur- erend Allen P. Novotny of the Society Depression, the World Wars, and the ring on adoption of the conference re- of Jesus, Gonzaga College High School, civil rights movement, Gonzaga has port at 12 noon. Following that vote, Washington, D.C. maintained its commitment to teach- the Senate may begin consideration of We are pleased to have you with us. ing and learning in the heart of Wash- S. 442, the Internet bill, under the con- ington’s inner-city, on a street it sent agreement reached last night. The PRAYER shares with leaders of business and The guest Chaplain, Father Allen P. government, on a block where it min- Senate may also begin consideration of Novotny, S.J., offered the following isters to and comforts the least fortu- the Cold Bay-King Cove legislation prayer: nate of society. under a 6-hour time agreement, or any Almighty God, we acknowledge at It is both ironic and appropriate that other legislative or executive items the beginning of these deliberations Gonzaga be situated just a few blocks cleared for action. Therefore, Members that all power in our world is from from our nation’s Capitol Building. should expect rollcall votes throughout You. May Your power become a reality Gonzaga, like so much of the United Thursday’s session as the Senate con- in our lives and in our Nation: the States, is a melting pot. Gonzaga com- tinues to consider important legisla- power of You, our God—the power of bines the largest minority population tion prior to sine die adjournment. I truth, the power of justice, the power of any Jesuit High School in the thank my colleagues for their atten- of holiness, the power of love. United States with one of the lowest tion. May this power fire the hearts of the tuitions in the Washington area. Gon- women and men of this Senate. May zaga is a realized mission of social and f this power reach out through their economic diversity that offers all who hands to build up our Nation, to over- attend the school a glimpse of the full STROM THURMOND NATIONAL DE- come all obstacles, to cross all dis- life spectrum. Gonzaga combines serv- FENSE AUTHORIZATION ACT FOR tances, to give life and hope and care ice to the community—taking the form FISCAL YEAR 1999—CONFERENCE and dignity to each other and to all our of service projects both in the U.S. and REPORT people. abroad, student-assisted tutoring for In a spirit of humility, may they ac- underprivileged children, and an on- The PRESIDENT pro tempore. The cept the gift of this power and the re- campus, student-assisted McKenna clerk will report the conference report. sponsibility it enjoins on them. May Center & Food Wagon homeless shel- The assistant legislative clerk read they commit themselves to the hard ter—with top academics and athletics. as follows: work of freedom and justice—the work Gonzaga is, in other words, a complete of You, our God, which leads to under- educational experience. Conference report to accompany H.R. 3616 standing. Amen. I hope my colleagues will take the to authorize appropriations for fiscal year f time to learn more about Gonzaga’s 1999 for military activities of the Depart- special character. Gonzaga has served ment of Defense, for military construction, RECOGNIZING THE SENATE’S and for defense activities of the Department GUEST CHAPLAIN the Washington community well and, of Energy, to prescribe personnel strengths Mr. HATCH. Mr. President, I am under the steady leadership of Fr. for such fiscal year for the Armed Forces, pleased to introduce to my colleagues Novotny, I believe it will continue to and for other purposes. Reverend Allen Novotny. He is our do so. f The Senate resumed consideration of guest Chaplain today and I hope some the conference report. of you will take the time to introduce RECOGNITION OF THE ACTING yourself. Fr. Novotny is the President MAJORITY LEADER Mr. GORTON. Mr. President, I sug- of Gonzaga College High School, a Jes- The PRESIDENT pro tempore. The gest the absence of a quorum. uit high school for boys located only a able acting majority leader is recog- The PRESIDENT pro tempore. The few blocks away from the Capitol. nized. clerk will call the roll.

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

S11211

. S11212 CONGRESSIONAL RECORD — SENATE October 1, 1998 The legislative clerk proceeded to strong signal to our men and women in stowed by designating this authoriza- call the roll. uniform and their families that we are tion bill as the Strom Thurmond Na- Mr. THURMOND. Mr. President, I fully committed to supporting them as tional Defense Authorization Act for ask unanimous consent that the order they perform their dangerous missions Fiscal Year 1999. for the quorum call be rescinded. around the world. Looking back over the national secu- The PRESIDING OFFICER (Mr. GOR- The conference report addresses rity issues that have challenged the TON). Without objection, it is so or- three challenges to maintaining a United States over the past 40 years dered. strong national defense in the 21st cen- and turning forward to the 21st cen- Mr. THURMOND. Mr. President, tury: the training and readiness of our tury, I am very concerned about main- today the Senate considers the con- military forces, the modernization of taining our ability to meet foreign pol- ference report to accompany the Strom weapon systems and other defense icy ambitions with declining defense Thurmond National Defense Authoriza- equipment, and the preservation of resources. If we do not change course tion Act for Fiscal Year 1999. I want to quality of life programs for our mili- soon, present and projected defense in- thank all the members of the con- tary personnel and their families. The vestment levels will expose the people ference committee for their hard work conference report, for example, author- of the United States to unacceptable and cooperation. To give the Members izes funding of increases to a number of levels of risk. We will have abdicated of the Senate some insight into the readiness accounts totaling nearly $1 our fundamental responsibility to pro- complexity and magnitude of the work billion above the administration re- vide for a strong common defense. involved in the conference process, we quest. We are in the midst of a period of un- had to reconcile nearly 1,000 funding We have also authorized the con- precedented commitment of U.S. mili- differences and craft compromises for struction of six new ships, increased tary forces in peacetime. The United over 570 legislative issues in disagree- the procurement of new tactical air- States is using military forces to re- ment between the House and Senate craft, and provided an increase of ap- spond to a growing spectrum of inter- bills. The conferees succeeded in set- proximately $90 million for advanced national aggression, ethnic unrest, and tling the many difficult issues in this space systems and technologies as well domestic conflict. The operational complex process only by putting the as an increase of about $132 million for tempo of each of our services is at an national interest above all others. I strategic force upgrades. all time high as we respond in a sus- In the conference, we have authorized particularly want to thank Senator tained manner to crises in Africa, the a 3.6-percent pay raise and a com- LEVIN, the ranking member of our com- Persian Gulf, and the Balkans. As we prehensive series of accession and re- mittee, for his continued leadership struggle with supporting these oper- tention bonuses and special pay to re- and support. ational deployments, the backlog of duce the financial sacrifices involved I also want to acknowledge the con- modernization and real property up- OATS with military service. In order to en- tributions of Senator C , Senator grades continues to climb. Moreover, EMPTHORNE LENN hance the quality of life for our service K , and Senator G . This the imperative of maintaining our de- personnel and their families, we have is their last defense authorization bill. fense technological superiority over authorized increases totaling $666 mil- On behalf of the committee and the the next 10 to 15 years will soon gen- lion above the request for military con- Senate, I wish to thank them again for erate a further requirement for sub- struction and family housing. their dedication to the national secu- stantial new investment. rity of our country and their support The conferees have also crafted a Yet our defense spending is declining. for the young men and women who number of management initiatives to The authorization for new budget au- serve in our armed services. We will ensure that limited budgets are man- thority in this conference report is miss their valuable counsel next year. aged more efficiently and that the bur- Mr. President, I also want to ac- dens of service for our men and women $270.5 billion, which is $2.6 billion below knowledge the contribution of the staff in uniform are kept to a reasonable the inflation-adjusted level for fiscal of the Senate Armed Services Commit- level. The bill includes provisions to year 1998. We are currently spending tee in bringing our conference process ensure that commercial sole-source barely more than 3 percent of our gross to closure. We on the committee are spare parts are procured in a cost-effec- domestic product on defense. This level very proud of our staff. They are a tive manner. The conference report au- is consistent with defense spending model of bipartisan competence and ev- thorizes a series of initiatives to test during the Depression-ridden 1930’s. eryone in this body is indebted to them new health care benefits for Medicare- That level is projected to decline even for their dedication to excellence. I ask eligible military retirees. The bill also further to 2.6 percent by 2002. We can- unanimous consent that a list of the requires the Department of Defense to not hope to meet increasing foreign members of the staff be printed in the address the Year 2000 information tech- policy commitments with such declin- ing resources. RECORD following my remarks. nology issues in a more comprehensive The PRESIDING OFFICER. Without fashion. We are already seeing the effects of objection, it is so ordered. Mr. President, this conference report this mismatch of resources and com- (See exhibit 1.) is a sound and balanced approach to mitments. The Chiefs of the military Mr. THURMOND. Mr. President, I meeting our national security needs services indicate that they have now also wish to recognize the members and with constrained resources. It is my hit rock bottom in readiness and mod- staff of the Senate Defense Appropria- hope that the Senate will vote to adopt ernization. We are seeing increasing tions Subcommittee. We have worked the report overwhelmingly. spare parts shortages, increased can- more closely together this year than This is the 40th defense authorization nibalization, declining unit operational ever before. I want to express on behalf conference report on which I have readiness rates, cross-decking of criti- of the Armed Services Committee our worked since joining the Armed Serv- cal weapons, equipment and personnel. appreciation to Chairman STEVENS and ices Committee in 1959. It is the fourth Personnel retention rates—especially to the members and staff of the De- and last as chairman of the committee for skilled personnel such as pilots— fense Subcommittee for their coopera- as I have announced my intention to are in a steep decline. tion and support. step down as chairman at the end of These trends have been evident for Working together, we have produced this year while retaining my seat on the last several years. The leadership a bill which keeps the Department of the committee. I regard my work on in the military services, distinguished Defense on a steady course and is con- the committee to ensure a strong na- observers in the defense community, sistent with the balanced budget agree- tional defense as among the most im- such as former Secretary of Defense ment. It is a sound bipartisan approach portant accompishments of my public Schlesinger, and even the political to some very difficult policy issues. service. My tenure as chairman over leaders in the Department of Defense This is reflected in the fact that for the the last 4 years has been the culmina- have been sounding warnings of in- first time in memory, all of the con- tion of that service. Words cannot ex- creasing peril for our national security. ferees in both committees have signed press the pride and appreciation I feel Now even the President has been forced the conference report. This bill sends a for the honor my colleagues have be- by the mounting evidence to recognize October 1, 1998 CONGRESSIONAL RECORD — SENATE S11213 the impact of underfunded administra- Mittermeyer, Bert Mizusawa, Cindy Pearson, ministration to work together over the com- tion requests and to call for an imme- Sharen Reaves, Cord Sterling, Scott Stucky, ing days to develop a fully offset $1 billion diate increase in defense spending. In a Eric Thoemmes, Roslyne Turner, and Banks funding package for these readiness pro- letter to me last week, the President Willis. grams. EXHIBIT 2 2. I have instructed the Office of Manage- called for a series of steps to redress ment and Budget and the National Security THE WHITE HOUSE, defense underfunding, including an in- Council to establish with Secretary Cohen Washington, September 22, 1998. crease of $1 billion in fiscal year 1999 and General Shelton a separate process with- Hon. STROM THURMOND, and a process for revising the pro- in the context of the FY 2000 joint budget re- Chairman, Committee on Armed Services, view that will examine the longer-term mili- grammed spending in the future years U.S. Senate, Washington, DC. tary readiness issues raised at my meeting defense plan. I commend the President DEAR MR. CHAIRMAN: Preserving our mili- for this proposal and look forward to tary’s readiness has been the top priority of with the CINCs. Meeting this challenge will working with the administration to my national security program. Since I first require a multi-year plan with the necessary make it a reality. I ask that the full took office, increasingly greater shares of resources to preserve military readiness, our Defense budget have been allocated to support our troops, and modernize the equip- text of the President’s letter be printed ment needed for the next century. I antici- in the RECORD at the end of my state- ensuring that our armed forces are ready to respond and have the tools to accomplish pate this examination will result in a series ment. of budget and policy proposals for the FY The PRESIDING OFFICER. Without their mission. Although we have done much to support readiness, more needs to be done. 2000 Defense budget and the Future Years objection, it is so ordered. This year alone, important steps have been Defense Program. Our challenge is to strike (See exhibit 2.) taken to protect military readiness. For FY a balance between providing sufficient re- Mr. THURMOND. The extent of cur- 1998, we worked with the Congress to secure sources for military readiness while main- rent and future readiness problems both an additional $1 billion in military taining fiscal discipline and appropriate were laid out in stark detail Tuesday readiness funds through a budget reprogram- funding levels for other investments nec- morning by the Joint Chiefs of Staff at ming and a $1.85 billion emergency funding essary to sustain a growing economy. a hearing before the Senate Armed package to cover the costs of unanticipated The security of the nation depends on our operations in Bosnia and Iraq. For FY 1999, military forces’ ability to quickly, effec- Services Committee. The service Chiefs tively, and successfully prosecute their mis- all testified on the manner in which my Administration proposed a Defense budg- et request that increased funding for person- sion. Ensuring that these forces are trained our current readiness is fraying and and ready is a priority upon which we all can the long-term health of the Total nel and operations programs over the 1998 appropriated levels and a $1.9 billion emer- agree. Force is in jeopardy. While additional gency budget amendment to fund the ongo- Sincerely, funding in fiscal year 1999 will help ad- ing peacekeeping operations in Bosnia. Pas- BILL CLINTON. dress the most pressing short-term sage of this emergency funding is critical to Mr. LEVIN addressed the Chair. concerns, it is imperative that we pro- avoid a readiness crisis in the fiscal year The PRESIDING OFFICER. The Sen- vide significant continuing increases in that begins on October 1. I strongly urge the ator from Michigan. funds for modernization above that for Congress to approve these requests. Mr. LEVIN. First, Mr. President, it is additional pay and benefits. The Ma- We also have done a lot on our own to ad- a pleasure for me to join with the rine Corps estimates a shortfall of $1.8 dress the burden on our men and women who have been deployed at higher than antici- chairman of the Armed Services Com- billion per year in modernization over pated rates. We established standards for de- mittee in bringing to the floor the the Future Years Defense Program ploying units and intensively manage the Strom Thurmond National Defense Au- under the current administration pro- force to minimize the possibility that units thorization Act for fiscal year 1999. It jections. The Army estimates an an- exceed these standards. We cut Air Force is truly a fitting honor for our chair- nual $3 to $5 billion per year shortfall temporary duty assignments in half. And we man that this conference report which during the same period. We must em- are cutting back, by 25 percent over the is named in his honor has been signed bark on a course of sustained increases course of five years, the total number of ex- by not only all the Senate conferees on in defense investment over the next ercise days. Additionally, we reduced or re- placed some overseas deployments with units both sides of the aisle, but also by all several years. conferees from the House National Se- Mr. President, at the beginning of on stand-by in the United States. My Administration has sought ways to get curity Committee on both sides of the this Congress, I called for developing a a greater readiness return from each dollar aisle. clearer strategic context within which spent implementing better management I am sure that I speak for all of our to design an effective, affordable na- practices, cutting overhead, and reducing colleagues in saying just how much we tional defense to meet our foreign pol- base infrastructure. Working together, we appreciate the leadership that Senator icy commitments. The need for this can identify methods for eliminating waste- ful spending. I need your help in addressing THURMOND has provided on this bill, clarity has never been greater. With the fair and even-handed manner in the belated recognition by the Presi- these objectives if we are to ensure that our which he has managed the committee dent of the need for increased defense men and women in uniform receive the best training and equipment possible in the most not just on this bill, but as long as he resources, we have an opportunity to cost effective manner. They deserve no less. has been a chairman of this committee, free the determination of U.S. strategy I recently met with Secretary Cohen and as well as how much we appreciate the from being a by-product of the budget the Commanders-in-Chief of our U.S.-based lifelong dedication that he has brought process. As I said in February 1997, let and overseas forces to receive a status report to the national defense. We look for- us seize the day. We must work in a co- of the units under their command. As al- ward to many, many more years of operative, bipartisan fashion to avert a ways, the dedication of our civilian and mili- working with him. He has expressed his certain military decline. The first step tary leaders to the troops’ well being was appreciation for having the bill named in that process is the rapid and over- clearly evident in their reports. I was par- ticularly satisfied to hear that our forces are after him. I just want to tell him that whelming approval of this conference capable of carrying out our national military it is my very strong personal feeling report. strategy and meeting America’s defense that it has been a pleasure for me to EXHIBIT 1 commitments around the globe. They are, in work with him to bring forward meas- STAFF OF THE ARMED SERVICES COMMITTEE the words of the Chiefs, the best-trained and ures such as this that are so critical to best-equipped forces in the world. Charlie Abell, John Barnes, June the national defense. We will miss him Borawski, Philip Bridwell, Les Brownlee, Notwithstanding this assessment of our Stuart Cain, Monica Chavez, Chris Cowart, overall posture, the Secretary and the Chiefs as chairman, but we will not miss him Dan Cox, Madelyn Creedon, Rick DeBobes, identified several concerns that must be ad- as a member of the committee, because Marie Fabrizio Dickinson, Katy Donovan, dressed to sustain high military readiness he will continue to be an active mem- and Shawn Edwards. levels. To address our readiness needs, I be- ber of the committee. Jon Etherton, Pamela Farrell, Richard lieve several steps are in order: Mr. President, this is also the last de- Fieldhouse, Maria Finley, Jan Gordon, 1. We must act now to provide additional fense authorization act for several of Creighton Greene, Gary Hall, Larry Hoag, resources in FY 1999 for operations and per- our colleagues on the committee, as Melinda Koutsoumpas, Larry Lanzillotta, sonnel programs important to military read- Senator THURMOND has noted. Senator George Lauffer, Henry Leventis, Peter Le- iness. This includes resources to minimize vine, and Paul Longsworth. shortfalls in certain critical spare parts, GLENN, Senator COATS and Senator David Lyles, Steve Madey, Mike McCord, Navy manpower, and Army unit training ac- KEMPTHORNE will all be leaving us at Reaves McLeod, John Miller, Ann tivities. I have asked key officials of my Ad- the end of this year. All three have S11214 CONGRESSIONAL RECORD — SENATE October 1, 1998 made great contributions to the work products and is not a special nuclear I would have preferred that we not of the committee and to the national material like uranium or plutonium. fund seven C–130s and one F–16 that the security of our country. They will be The provision in the bill will provide Department of Defense says it doesn’t greatly missed, and I know many of us a level playing field for the selection of want and doesn’t need. will have more to say about that dur- an option for future tritium production I would have preferred that we not ing the next few days. by delaying the implementation of the cut into the readiness of our Armed The conference report that we bring decision made by the Secretary of En- Forces by reducing the Department’s to the Senate today is the product of ergy to select either option until Octo- operations and maintenance accounts more than 6 months of work, including ber 1, 1999, the beginning of the next below the administration’s budget re- a full 2 months in conference with the fiscal year. This approach will provide quest. House. Overall, we have reached a bi- Congress an opportunity to review the I would have preferred that we not partisan conference report that ad- Secretary’s decision—whatever it may include a House provision that unfairly vances the security of our country in be—before it is implemented. It will singles out a single facility by prohib- the best interests of the men and have no adverse impact on our national iting the China Ocean Shipping Com- women in uniform. I am particularly security because we will not need a pany from leasing a facility at the pleased that on a series of issues that new source of tritium for several years. Long Beach Shipyard that was closed were important to the Department of The Secretary’s decision could not be in the last base closure round. Defense and the Department of Energy implemented in any case until funding I would have preferred that we not and to the administration, we have is approved by Congress, and Secretary reach outside of our jurisdiction to re- been able to eliminate or modify posi- Richardson has indicated that delaying solve a complicated tax dispute be- tions that would have led to a veto. implementation of his decision until tween two States. First, we eliminated a series of House October 1 of next year will have ‘‘mini- On balance, I think we have suc- provisions that would have barred any mal impact’’ on future tritium produc- ceeded in reaching a fair resolution on exports of satellite or related tech- tion. the issues in the conference. I am con- nology for launch in China, and also Third, we eliminated a House provi- vinced that we have a very solid com- the provision which we eliminated also sion that would have prohibited gen- promise of the major issues, and I hope would have prohibited participation in der-integrated training at the basic the President will sign the bill. launch failure investigations. So we training level in all three military Again, I will conclude by thanking have eliminated a number of provi- services. This prohibition was opposed our chairman, Senator THURMOND, for sions. However, the conference report by the uniformed military, opposed by the open and the bipartisan manner in does provide that the licensing of ap- a majority of the Senate, and it would which he conducted the conference on plications to launch satellites in China have led to a veto by the President. this bill. Senator THURMOND and his will be returned to the State Depart- The bill does contain provisions that, staff have made every effort to include ment. However, that return will be de- (a), direct the Secretaries of the mili- the minority at every stage of the de- layed until March 15, 1999. In the in- tary departments to provide for sepa- liberations. I also thank the chairman terim, there is a requirement for the rate and secure housing for male and and ranking minority member of the Secretary of State to plan for a more female recruits with sleeping areas sep- House National Security Committee, timely and orderly licensing process. arated by permanent walls and served Congressman SPENCE and Congressman The only effective difference since by separate entrances; and, (b), pro- SKELTON, for their cooperation in January of 1996 between the licensing hibit afterhours access to sleeping bringing the conference to a successful being done by State or Commerce has areas by unescorted members of the op- conclusion. been the long delays that exist in the posite gender. These provisions are Of course, none of this could have State Department’s processing of li- consistent with, and would in fact cod- been accomplished without our staffs. I cense applications. The delay in the ef- ify, the current policies of the Depart- want to express the appreciation we all fective date of the transfer from Com- ment of Defense. feel on the committee to the staffs of merce to State will give the adminis- Fourth, a Senate provision was the Armed Services Committee—both tration time to take steps to speed up dropped that would have made it hard- the majority and minority staffs—for the State Department’s licensing proc- er for the Secretary of Defense to the extraordinary effort they put into ess and provide the new Congress with downsize and close unneeded military this bill and this conference. It was a an opportunity to review the transfer facilities. I recognize that many Mem- long, long conference. It just simply in a less politically heated atmosphere bers on both sides of the aisle sup- would not have been possible to after the elections. ported this provision. However, the achieve the result we did without the It is critical for American security provision was strongly opposed by the outstanding work of David Lyles, Les that American satellites continue to be civilian and uniformed leadership of Brownlee, and their dedicated support- launched in large numbers, both be- the Department of Defense and would ing cast. I also extend my thanks to cause, as Senator BOB KERREY has have led to a veto. I am personally the staff of the House National Secu- pointed out, most of our intelligence hopeful that in the next session of Con- rity Committee and the House and Sen- information comes from open sources, gress we will at least authorize one ad- ate legislative counsels for their help such as satellites, and because the sat- ditional round of base closings. in preparing this large bill. ellite transmission of programming is Mr. President, I am also pleased with Mr. President, it is a good conference critically important to forcing open the outcome on several issues that report. It strengthens our national se- closed societies whose dictatorships have been important to the Depart- curity. I know our colleagues will be threaten American interests. The com- ment of Defense, including the adop- pleased to join me in supporting the promise embodied in the bill before us tion of a Senate provision authorizing Strom Thurmond National Defense Au- should protect our national security Bosnia funding on an emergency basis; thorization Act for Fiscal Year 1999. interests by helping to ensure that the decision to fund cooperative threat Mr. THURMOND addressed the Chair. American satellites will continue to be reduction programs at a level close to The PRESIDING OFFICER. The Sen- launched in appropriate numbers and the one proposed by the administra- ator from South Carolina is recognized. in a timely and secure manner. tion; and, most importantly, the deci- Mr. THURMOND. Mr. President, I Second, we have eliminated a House sion to fund a 3.6-percent pay raise for wish to express my appreciation to provision that would have prohibited our men and women in uniform. Noth- Senator LEVIN for the kind words he the Secretary of Energy from even con- ing is more important to our national said about me. He has done a fine job. sidering the less costly of the two op- security than their well-being and high We could not have done this work with- tions for renewed tritium production. morale. out him. It would have achieved this result by Mr. President, this conference report Mr. President, I suggest the absence prohibiting the production of tritium is the product of hard-fought com- of a quorum. in a commercial facility, even though promise, and I cannot say, of course, The PRESIDING OFFICER. The tritium is widely used in commercial that I support every provision in it. clerk will call the roll. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11215 The assistant legislative clerk pro- As I said, Mr. President, this is re- so all you have to do is show your driv- ceeded to call the roll. grettable, for me to think that my col- er’s license and where your residence is Mr. THURMOND. Mr. President, I leagues would have such a sweetheart and you are exempt from Tennessee ask unanimous consent that the order deal that when the State of Kentucky sales tax, which is one of the highest in for the quorum call be rescinded. and the State of Tennessee were in the the Nation. The PRESIDING OFFICER. Without process of negotiation and working out According to groups such as the Fed- objection, it is so ordered. their problems, they were told it would eration of Tax Administrators, which Mr. THURMOND. Mr. President, I be worked out in Washington and not is an organization comprised of the top ask unanimous consent that the time to worry about it; therefore, the nego- revenue officials from all 50 States and for the quorum call be charged equally tiations were cut off, and the sweet- the District of Columbia, it is a fun- to both sides. heart deal was started. damental principle of taxation that The PRESIDING OFFICER. Without I want to call the attention of my workers are taxed where the work is objection, it is so ordered. colleagues to the provision in the de- performed. Workers are taxed where Mr. THURMOND. I suggest the ab- fense authorization bill which I con- the work is performed. That is the sence of a quorum. sider to be one of the most misplaced, basic rule. There are exceptions to the The PRESIDING OFFICER. The misguided, and unfair proposals I have rule, of course, but the exceptions clerk will call the roll. seen in my 24 years in the Senate. I am come from agreements negotiated be- The assistant legislative clerk pro- referring to a tax proposal in this de- tween States—negotiated between ceeded to call the roll. fense authorization bill which pre- States. States can agree to a variety of Mr. FORD. Mr. President, I ask unan- empts the State of Kentucky from ad- ways to treat income tax earned within imous consent that the order for the ministering its own tax laws. one State’s borders by out-of-State quorum call be rescinded. Let me repeat that. residents—States rights. And we recog- The PRESIDING OFFICER. Without I am referring to a tax provision in nized that a long time ago even in the objection, it is so ordered. the defense authorization bill. We are Buck Act. But this is for the States to decide. Mr. FORD. Mr. President, I believe I now establishing, Mr. President, the Congress should keep its nose out of have 90 minutes. precedent that defense authorization their business. But not this Congress, The PRESIDING OFFICER. That is bills can become vehicles for State tax not this majority, and not this defense correct. provisions. Mr. FORD. Mr. President, I regret The Finance Committee has jurisdic- authorization bill. Do I want to be against the Strom Thurmond defense that I am here this morning making tion over tax issues in the Senate. But authorization bill? Of course, I do not. my remarks, because in this piece of the Finance Committee did not report I do not want to be against the Wendell legislation we have preempted the this legislation. The Finance Commit- H. Ford aviation bill either. But what States and their ability to tax. Under tee did not report any other legislation the Buck Act, it gave that responsibil- is in this bill is not right. with this tax proposal contained in this That is my responsibility as a Sen- ity to the States. But in here we are defense authorization bill. It is not ator, and I am surprised that my col- preempting the States. even a Federal tax issue. This is not a league on the other side, who is a The Presiding Officer understands Federal tax issue. This is a tax provi- major player with the Republican the problem between Oregon and Wash- sion in this bill which dictates to Party, did not defend his constituents ington. But Oregon has passed a law States how they administer State in- rather than his party. We are losing $4 that exempts residents of Washington. come tax laws. million a year. Not even the Congress- So, therefore, the States have worked The Republican Party has always man from the First District raised a out their problem. Here, the Federal been States rights. That is one of their peep about it. Who are you supposed to Government, Big Brother, has to tell long suits. I have heard in campaigns be representing up here in this body or the States what they can do. I think it all my life, ‘‘States rights.’’ And now in the other body? You are supposed to is highly unfair. I think it is unprece- in this bill you are preempting States be representing your State and your dented where the Armed Services Com- rights. We are preempting my State, constituency. mittee has gone around the Finance the Commonwealth of Kentucky, from A dispute arose when some Tennessee Committee. deciding for itself how to administer workers objected to paying income Senators can’t come to this floor and its own income tax laws on work per- taxes on work performed within the say that the chairman of the Finance formed within the State of Kentucky borders of Kentucky. Legislation was Committee says this section is all by private sector employees. It is an introduced in the House to impose a right. It has to go before the Finance outrage that my colleagues who are Federal solution on the States. Hear- Committee. The Finance Committee is conferees from the other side of the ings were held. The House Judiciary the committee of jurisdiction here— aisle agreed to include this provision in Committee held a hearing on April 17th not the Armed Services Committee. the final bill. of last year on this issue. The Senate The occupant of the Chair is one of Mr. President, Fort Campbell is a Governmental Affairs Committee held the finest jurists in the Senate, having military facility which straddles the hearings on October 24 of last year. To been, I believe, Attorney General of his Kentucky-Tennessee border. It is lo- my knowledge, the Senate Armed Serv- State. cated partially in Trigg County and ices Committee held no hearings. The The law says: Christian County in my State and par- Senate Armed Services Committee No person shall be relieved from his liabil- tially in Tennessee. There are Federal held no hearings on this issue during ity for any income tax levied by any State, employees working at Fort Campbell either session of this Congress. The or by any duly constitutional taxing author- who reside in both Kentucky and Ten- reason is obvious. Because the Armed ity therein having jurisdiction to levy such a nessee, and there are private sector Services Committee has absolutely no tax by reason of his residing within a Fed- employees working at Fort Campbell, eral area, or receiving income from trans- jurisdiction over this issue—none. The actions occurring or services performed in some on a full-time basis, some on a conferees for this defense authorization such areas, and such State, or taxing author- contractual or part-time basis. bill have no business attaching lan- ity, shall have full jurisdiction and power to How would you like to be sitting at guage which preempts State tax laws levy and collect such tax in any Federal area the table having lunch, and the worker as part of this defense authorization within such State to the same extent and across the table from you, working for bill. It has no place in this piece of leg- with the same effect as though such area was the same company, doing the same job islation. not a Federal area. as you, pays no tax, but you have to Let’s go back now to the House hear- That is the Buck Act. pay yours? ing of last April. What kind of testi- The Armed Services Committee has For Kentucky employees, there is no mony did that committee hear? It altered or broken that statutory provi- exemption from the sales tax in Ten- heard that the Kentucky tax structure sion. They preempted the States. They nessee. That will be the next bill that met all appropriate constitutional went around the Finance Committee. will be in the Chamber, and I am going standards for fairness and non- Now they are altering the Buck Act. to encourage my colleagues to do that discrimination. The committee was S11216 CONGRESSIONAL RECORD — SENATE October 1, 1998 told that the ability of States to define into the House version of the defense Let me also inform my colleagues their own tax structure within the authorization bill on the House floor. that revenue officials in my State have bounds of the Constitution was ‘‘one of Where was my Congressman from the had contact with those in the State of the core elements of sovereignty pre- First District when that happened to Tennessee. This is the right way to served to the States under the Con- his employees and to his State? I do solve this problem. The States of Wash- stitution.’’ not know where my House colleagues ington and Oregon did. But once the That committee was told that if Con- from Kentucky were on this issue when word was out that Congress will at- gress jumped in and preempted State this issue arose. Maybe they did not tempt to impose a Federal solution re- laws in this case, ‘‘It will by definition notice. Maybe they were just asleep at garding this matter, the discussions be- create a preferred class of taxpayers the switch. But either way, not a finger tween the two States became a moot that benefits at the expense of all other was lifted by my colleagues on the point. Why should they spend the time taxpayers. Currently, all workers, pub- other side of the aisle to stop it. and resources necessary to reach a lic and private, in Kentucky are sub- Let me explain to my colleagues why compromise agreement when Congress ject to the same rules. This should not this provision is so offensive. The pro- was considering preempting State law be disrupted by the Congress without a vision preempts the State of Kentucky and imposing a solution which favors strong policy rationale.’’ from applying its own tax laws to Fed- just one side? What incentive was there The House committee was also told eral workers at Fort Campbell. But it to negotiate? Big Brother in Washing- that the proposal to grant special sta- does not stop there, it is broader. It ton was acting to impose a solution on tus to Tennessee residents violated the also exempts private sector employees, a matter which is normally left to the spirit of the Unfunded Mandate Act of such as contractors, who perform work States to work out on their own. 1995. I wonder how many colleagues on at Fort Campbell. Private contractors Mr. President, a sweetheart deal cut the other side in 1995 voted for the un- are exempt. This goes well beyond any by the Republican conferees is going to funded mandate bill. Are you going to precedent which exists anywhere else cost my State about $4 million per fund this unfunded mandate? No. It in Federal law. year. Let there be no mistake about breaks that law. You are taking away What it means is that when two con- my Governor’s opposition to this tax by mandate funds that belong to my tractors bid on work to be performed preemption provision. Let me read State. It is under the unfunded man- on the Kentucky side of Fort Campbell, from his letter of June 25, 1998, from date law of 1995. a Tennessee contractor is going to have Governor Paul Patton of Kentucky. Do you think this bill is not going to a built-in advantage over a Kentucky I am writing to express Kentucky’s opposi- go to court? You can bet your sweet contractor because of the special ex- tion to the Thompson amendment currently bippy that once the President signs it, emption written into this defense au- under consideration by the United States if he does, this portion of the bill will thorization bill. Can you imagine what Senate. The issue addressed by this legisla- be in court. It is wrong. It is wrong other Senators would be doing this tion is the tax imposed by the Common- morning if this had happened to them? wealth on income earned within Kentucky from the start; it is wrong from the by non-resident federal workers. middle; it is wrong from the end. Maybe, with this precedent, it will. He went on to lay out why. The House committee was also told Why don’t we try to prevent it? that if Congress believes that the im- The House language is overly broad We are attempting to resolve this issue and, in my opinion, extremely unfair. through a joint effort with Tennessee Gov- pact of Federal workers employed on ernor Sundquist’s office. This matter is one installations crossing the borders of No such language is included in the to be settled at the State level, and not an two States should be offset, it should Senate version of the bill. However, I issue for Congress to resolve. was very concerned about the attempt provide the funding necessary to offset * * * * * the cost imposed on the States affected to sneak this in. I informed my col- In closing, I would like to reiterate the and not just preempt legitimate taxing leagues on the committee of my strong Kentucky taxation of non-residents working authorities. This is what the commit- concerns with this tax proposal on in Kentucky is fair in concept and in prac- tee was told, but the committee didn’t June 25th, when the bill was debated on tice. To exempt all non-residents or a special pay any attention to that—it is our the floor. group of non-residents who work in Ken- way or nothing. What Kentucky is get- I should say at this point that the tucky would be unfair. If I may provide you ranking member of the committee, the with any other information on this issue, ting is nothing. I am not going to allow please feel free to contact me. this bill to go forward without having Senator from Michigan, acknowledged Mr. President, I ask unanimous con- an opportunity, which I am doing now, that tax issues had no place in a de- sent the letter from the Governor of to express to my colleagues my outrage fense authorization bill, he shared my Kentucky be printed in the RECORD. and what their outrage should be. Pret- concern about the broad and misguided There being no objection, the mate- ty soon, I will tell you, 240 installa- precedent set by this proposal to pre- rial was ordered to be printed in the tions that are subject to the same empt State tax laws, and he fought to RECORD, as follows: law—subject to the same law, 240 in keep it out of the final bill. However, this country—will want the same. So apparently among my colleagues on COMMONWEALTH OF KENTUCKY, OFFICE OF THE GOVERNOR, what are you going to look forward to the other side of the aisle, this was a done deal. I do not believe the issue Frankfurt, KY, June 25, 1998. next year? Are you going to preempt Hon. WENDELL FORD, all these States? Be fair. Be fair. was even a matter of serious discussion U.S. Senate, Washington, DC. So, let me repeat one section of that by the Republican conferees. So here DEAR SENATOR FORD: I am writing to ex- sentence that the committee in the we are on the Senate floor with a press Kentucky’s opposition to the Thomp- House was told: sweetheart deal being cut on a tax pro- son amendment currently under consider- ation by the United States Senate. The issue . . . if Congress feels the impact of federal vision which preempts State law. I addressed by this legislation is the tax im- workers employed on installations crossing thought I had seen it all. posed by the Commonwealth on income the border of two states . . . should be off- Mr. President, this tax provision earned within Kentucky by non-resident fed- set, it should provide the funding necessary raises serious constitutional questions. eral workers. to offset the costs imposed on the states af- This provision raises serious constitu- The protest by federal workers employed fected and not just preempt legitimate tax- tional questions. Back in June I in- at the Fort Campbell military base against ing authority. serted in the RECORD a legal memoran- the imposition of the Kentucky income tax Mr. President, the Senate Govern- dum from the Office of the Attorney has centered on their contention that the mental Affairs Committee heard simi- General of Kentucky which raised seri- tax is unfair to them. All income in question lar testimony during its hearing last ous constitutional questions about this is taxed the same whether earned by a resi- August. The Senate Armed Services tax preemption proposal. I am sure the dent or non-resident of Kentucky. Only the Committee, however, heard no such issue of whether to challenge the con- income earned within the Commonwealth of Kentucky is taxed. It would be unfair to tax testimony because it held no such stitutionality of this tax preemption the income of residents but not the income hearings and has no jurisdiction over proposal will be studied carefully, of non-residents doing the same job in the this issue. Nevertheless, without any should this bill become law—and it will same place. Indeed, if this were the case, it floor debate, a provision was snuck be. would make sense for Kentucky residents October 1, 1998 CONGRESSIONAL RECORD — SENATE S11217 working on the Fort Campbell base to move —it has a reciprocal agreement with every similar language which may be offered as an to Tennessee to avoid the Kentucky income border state that has a broad-based individ- amendment to other bills. tax. ual income tax. We ask the Senate to recognize that, On June 23, 1998, Kentucky’s Attorney Gen- The U.S. Constitution imposes substantive throughout the history of income taxation, eral sent to me a memorandum which offers constraints on the manner in which such both federal and state, workers are taxed by a compelling and reasonable argument states may structure their tax systems. the jurisdiction where the work is per- against the constitutionality of the Thomp- These constraints ensure that the tax im- formed. This system represents the keystone son amendment under the Commerce Clause. posed meets fundamental tests of fairness in of taxation. State lawmakers make excep- A consequence of this amendment would be dealing with all citizens. The Constitution tions to this system to address individual its detrimental impact on the Kentucky further ensures that state taxes do not im- circumstances where strict adherence to the communities which surround Fort Campbell. pose undue burdens on interstate commerce principle leads to undesirable results. In par- The legislation would exceed Congressional or the federal government. The taxes im- ticular, in those instances where sound fiscal authority and would likely be proven as un- posed by these states meet these require- and government policy permit, a state may constitutional. Congress granted the states ments and should not be preempted. There is enter into a reciprocal agreement with a bor- the power to tax income, and on several oc- no question that states have the legal au- dering state to permit taxpayers to file a sin- casions, courts have held that states can as- thority to tax the income of nonresidents gle return in the state of residency. Ken- tucky is at the forefront of such policy re- sess an income tax to nonresidents who earn working in Oregon, Kentucky or Nebraska. finements—it has a reciprocal agreement their income in that state. Congress can re- It goes on, Mr. President: with every border state that has a broad- duce the states’ power of taxation, but only Further, the language exempts from tax- based individual income tax. (The agree- through an amendment within the confines ation wages paid to Federal workers . . . but ments do not function with non-income-tax of the Commerce Clause. it exempts from tax income paid to all indi- states such as Tennessee, and thus they are We are attempting to resolve this issue viduals who work in Fort Campbell in Ken- not applicable in this case.) through a joint effort with Tennessee Gov- tucky. The U.S. Constitution imposes substantive ernor Sundquist’s office. This matter is one A special group is set out here. constraints on the manner in which states to be settled at the state level, and not an may structure their tax systems. These con- issue for Congress to resolve. The impacts of This encompasses not only contract em- straint ensure that the tax imposed meets the Thompson amendment would far surpass ployees who work directly for the fundamental tests of fairness in dealing with Fort Campbell. These impacts would extend military . . . but also includes employees of all citizens. The Constitution further ensures to the employees of every federal institution private companies who run businesses or per- that state taxes do not impose undue bur- within close proximity with state borders. form services on the bases, including such dens on interstate commerce or the federal In closing, I would like to reiterate that businesses as restaurants and road mainte- government. The taxes imposed by these Kentucky’s taxation of non-residents work- nance firms. These are clearly private busi- states meet these requirements and should ing in Kentucky is fair in concept and in ness people, not federal workers. not be preempted. There is no question that practice. To exempt all non-residents or a But they are exempt. They are ex- states have the legal authority to tax the in- special group of non-residents who work in empt under this particular bill. come of nonresidents working in Oregon, Kentucky would be unfair. If I may provide Kentucky or Nebraska. you with any other information on this Finally, and most importantly, if change is What this amendment would do is carve issue, please feel free to contact me. necessary, it is within the power of the out a special tax benefit for workers who Sincerely, states involved to do so. This is an issue for choose to live (or move) out of state that PAUL E. PATTON, state lawmakers, not federal lawmakers. would not be available to any other employ- Governor. Lawmakers in Kentucky and Tennessee are ees working at the same location. Further, seeking an equitable solution that would not Mr. FORD. The State preemption the language exempts from taxation wages impose an unfair burden on either state. .. paid to federal workers in Oregon and Ne- provision in this bill is also strongly The Senate is faced with an opportunity to braska—but it exempts from tax income paid opposed by the Federation of Tax Ad- demonstrate good faith to the principles con- to all individuals who work in Fort Campbell ministrators. Let me read from a June tained in the Unfunded Mandates Act of 1995. in Kentucky. This encompasses not only con- 24, 1998 letter from Mr. Harley T. Dun- And we are not doing that. tract employees who work directly for the can, the executive director of the Fed- If Congress feels that the impact of federal military (for instance, school teachers), but eration of Tax Administrators: workers employed on installations crossing also includes the employees of private com- panies who run businesses or perform serv- the borders of two states—one of which im- I am writing concerning amendments to ices on the base, including such businesses as poses an income tax and another which does the defense appropriations bills (S. 2057) restaurants and road maintenance firms. not—should be offset, it should provide the which would preempt Oregon, Kentucky and These are clearly private businesspeople, not funding necessary to offset the costs imposed Nebraska from applying their income tax to federal workers. If Kentucky is to be pre- on the states affected. certain federal employees (and in some empted from taxing individuals who work for cases, contractors) who work in those states, This is signed Harley T. Duncan, ex- the federal government, we particularly urge but reside in bordering states with no in- ecutive director, Federation of Tax Ad- the Senate to adopt language that more pre- come taxes. . . . ministrators. cisely defines the matter. (More precise defi- These amendments have been separately nitions have been offered by the Pentagon.) considered earlier in the 105th Congress as Mr. President, I ask unanimous con- sent that the letter from Mr. Duncan Finally, and most importantly, if change is H.R. 1953. The Federation of Tax Administra- necessary, it is within the power of the tors is an association of the principal tax ad- be printed in the RECORD. states involved to do so. This is an issue for ministration agencies in the 50 States, the There being no objection, the letter state lawmakers, not federal lawmakers. District of Columbia, and New York City. was ordered to be printed in the Lawmakers in Kentucky and Tennessee are The Federation has adopted a policy which RECORD, as follows: seeking an equitable solution that would not urges that the Senate reject H.R. 1953 and impose an unfair burden on either state. Or- any similar language which may be offered FEDERATION OF TAX ADMINISTRATORS, egon has already passed a law that exempts as an amendment to other bills. Washington, DC, June 24, 1998. from taxation those federal employees who We ask the Senate to recognize that, Hon. WENDELL H. FORD, work on the dam in Oregon. (We would em- throughout the history of income taxation, U.S. Senate, Russell Senate Office Building, phasize that to continue to include Oregon in both federal and state, workers are taxed by Washington, DC. this bill is unnecessary and an insult to the the jurisdiction where the work is per- DEAR SENATOR FORD: I am writing concern- elected officials of that state.) formed. This system represents the keystone ing amendments to the defense appropria- The ability to define their tax systems of taxation. State lawmakers make excep- tions bills (S. 2057) which would preempt Or- within the bounds of the Constitution is one tions to this system to address individual egon, Kentucky and Nebraska from applying of the core elements of sovereignty preserved circumstances where strict adherence to the their income taxes to certain federal em- to the states under the Constitution. A cen- principle leads to undesirable results. In par- ployees (and in some cases contractors) who tral feature of this sovereignty is the ability ticular, in those instances where sound fiscal work in those states, but reside in bordering to tax economic activity and income earned and government policy permit, a State may states with no income taxes (Washington, within the borders of the state, and it is vital enter into a reciprocal agreement with a bor- Tennessee and South Dakota). to the continued strong role of the states in dering State to permit taxpayers to file a These amendments have been separately the federal system. State taxing authority single return in the state of residency. Ken- considered earlier in the 105th Congress as should be preempted by the federal govern- tucky is at the forefront of such policy re- H.R. 1953. The Federation of Tax Administra- ment only where there is a compelling policy finements. tors is an association of the principal tax ad- rationale. There is no such rationale present ministration agencies in the 50 states, the here. They are complimenting my State District of Columbia and New York City. The The Senate is faced with an opportunity to for being in the forefront of these pol- Federation has adopted a policy which urges demonstrate good faith to the principles con- icy refinements. that the Senate reject H.R. 1953 and any tained in The Unfunded Mandates Act of S11218 CONGRESSIONAL RECORD — SENATE October 1, 1998 1995. If Congress feels that the impact of fed- tions, please contact our committee staff, We talk about how hard it was to eral workers on installations crossing the Gerri Madrid, at (202) 624–8670. work out this bill, how many issues borders of two states—one of which imposes Sincerely, came before the committee. In the fu- an income tax and the other of which does TOM JOHNSON, ture, if this is the precedent that is not—should be offset, it should provide the Chair, Federal Budget funding necessary to offset the costs imposed and Taxation Com- being set, the Armed Services Commit- on the states affected. mittee, Ohio House tee will be in the tax business; they Sincerely, of Representatives. will be in the finance business; they HARLEY T. DUNCAN, Mr. FORD. Mr. President, apparently will be preempting State laws and will Executive Director. all of these requests to the Republican not be looking after the right thing Mr. FORD. Mr. President, the Na- conferees to keep this State preemp- they should be doing, and that is the tional Conference of State Legislatures tion provision out of the defense bill defense of this great country of ours. also strongly oppose the State tax pre- fell on deaf ears. The conferees either I want to share this with my col- emption provided in the defense au- did not listen or did not care. One way leagues because more than 20 other thorization bill. Let me read from an or another, this was a done deal, a States are affected. I think about 20 August 7, 1998, letter to the conferees. sweetheart deal, a special tax provision other States. That is 40 Senators—pret- This was written to the chairman of which favors one set of workers over ty good bunch of Senators. In other the Senate Armed Services Committee, another for the same work performed, words, Senators from at least 20 other the Senator from South Carolina, Sen- at the same location, despite State States are in jeopardy of having to face ator THURMOND. ‘‘Federal preemption law. this same issue. of legitimate State taxing authority.’’ We are sitting at the same table. We What have you done to the future of The National Conference of State Leg- are both working for the same em- the military bill, the defense author- islatures wrote to the chairman and ployer. We are both doing the same job. ization bill? What have you done to it? said this is wrong: We are both drawing the same pay, but You have turned it into a finance bill, you do not pay any taxes because you not a defense bill. And I say to my col- On behalf of the National Conference of are a resident of Tennessee. I am a resi- leagues, if they are from one of these State Legislatures, I am writing in opposi- dent of Kentucky, and I pay my taxes. States, you might be standing up here tion to Section 1045 of the House version of Mr. President, all of the requests to the National Defense Authorization bill next year. Once the private sector em- (H.R. 3616). NCSL opposes federal action that the Republican conferees to keep this ployees find out about the special tax preempts the states’ constitutional author- State tax provision out of the defense preemption, they may be lobbying ity to tax income earned within their bill fell on deaf ears. I wanted to repeat their Senators next year to exempt borders . . . We urge you to preserve the that. It is a special tax provision which them from the State tax laws in your States’ sovereignty— favors one set of workers over another. State. Preserve the States’ sovereignty. It also gives the employers, or the com- Let me read a list, and this is only a panies, an advantage when they bid, partial list: Arkansas has 7 installa- I ask unanimous consent that the because they don’t have to pay the tax letter from the National Conference of tions. Arizona has 7. California has 50— under this. 50 installations similar to the one in State Legislatures be printed in the As I said earlier, the next bill ought Kentucky. Think about that when the RECORD. to be exempting Kentucky residents two Senators from California will have There being no objection, the letter from the sales tax in Tennessee. Just to say—it goes all the way from mili- was ordered to be printed in the show your driver’s license and your ad- tary facilities, such as Fort Irwin RECORD, as follows: dress and place of employment, and Naval Weapons Center, Sierra Army NATIONAL CONFERENCE you don’t pay the taxes, one of the Depot, the Grand Mesa National For- OF STATE LEGISLATURES, highest sales tax States in the Nation Washington, DC, August 7, 1998. because their income comes from the est. Re Federal preemption of legitimate State sales tax. Connecticut has 2. Georgia has 1. taxing authority. I hope my colleagues understand the Maine has 1. Oh, I remember the argu- Hon. STROM THURMOND, precedent that is being set here. We are ment here between Maine and New Chairman, Senate Armed Services Committee, preempting State law—preempting Hampshire. They are left out of this U.S. Senate, Senate Russell Office Building, State law—and establishing a special bill. They are left out of this bill be- Washington, DC. tax status for a group of not just Fed- cause both of them apparently are on DEAR SENATOR THURMOND: On behalf of the eral employees, but private sector the other side. I was for Maine. National Conference of State Legislatures, I Massachusetts has 1. Mississippi has am writing in opposition to Section 1045 of workers who perform their work en- tirely within one State’s borders. It is 8. Mississippi is probably the most vul- the House version of the National Defense nerable State of all of them because of Authorization bill (HR 3616). NCSL opposes a very broad precedent. There is no federal action that preempts the states’ con- stated policy rationale for this special their border situation. Can you imag- stitutional authority to tax income earned preemption and special tax status we ine what would happen if all of these within their borders. Such federal legislation are granting. It is a precedent that will employees went to the two Senators in leads to inequitable, unfair and unlevel state haunt my colleagues. Mississippi and said, ‘‘Right across the tax policies and establishes a precedent for I want my colleagues to understand line here in Tennessee they receive tax increased restrictions on source taxation. how many other Federal facilities are exemptions. What about us? What Section 1045 of the House bill would pre- in similar situations. When the work- about us? What’s fair for the goose is empt state taxation of federal workers in ers at these facilities, not just the Fed- fair for the gander.’’ three locations. NCSL believes that the eral workers, but the private sector Missouri has 6. Montana has 10. They states in question should be allowed to deter- are not in this bill. Nebraska has 1. mine how to tax workers who reside in one workers as well, when these workers state and work in another, free from federal find out about the sweetheart deal at New Jersey has 20—New Jersey has 20. intrusion. Fort Campbell, they are going to be New Mexico has 6. New York has only We urge you to preserve the states’ sov- asking their Senators, ‘‘Why can’t we 1. I was surprised at that. But North ereignty right to define their own tax sys- get a good deal as well?’’ Carolina has 13—North Carolina has 13. tems by removing. Section 1045 from the con- I have asked the Federal Tax Admin- Oregon has 20. Pennsylvania has 1. I ference report on the bill. Finally, should the istrators just how many other Federal heard a lot about the Philadelphia conferees include the provision in the final facilities are similarly situated. We Naval Yard last year. bill, we urge you to find an offset for the have a preliminary list, but it is only South Carolina has 1. South Dakota cost. Burdening the states with an unfunded preliminary. It probably does not in- has 3. Tennessee has 3. Utah has 37. mandate violates the Unfunded Mandates Reform Act of 1994. The cost associated with clude everything. The partial list we Think about that. Utah has 37 installa- the loss of states tax revenue, due to change have shows there are 240 Federal facili- tions similar to the situation in this in federal policy, should be borne exclusively ties around the country that are on or bill. by the federal government. near the borders of two or more States What about those employees—Fed- We look forward to working with you on with significantly different income tax eral employees, private sector employ- this issue. Should you have additional ques- structures. ees—who were not exempt? Can you October 1, 1998 CONGRESSIONAL RECORD — SENATE S11219 imagine what the two Senators from U.S. Coast Guard Academy, New London. Veterans Hospital—Oteen. Utah are going to face when they un- GEORGIA Veterans Hospital—Durham. derstand that other States were pre- Kings Bay Naval Submarine Base. OREGON (20) empted and created a special tax MAINE Bonneville Power Administration. U.S. Army Corps of Engineers, North Pa- group? Portsmouth Naval Shipyard. Vermont has 2. The State of Wash- cific Division. MASSACHUSETTS ington has 37. FAA Facilities. Portland Air Force Base. What about the Indian reservations? Hanscom Air Force Base. MISSISSIPPI (8) Kingsley Air Force Base in Klamath Falls. Oh, we get into a good one there—In- U.S. Coast Guard, Captain of the Port. dian reservations. What about State Holly Springs National Forest. Fremont National Forest. workers at Indian casinos located on NASA Test Site, Bay St. Louis. Winema National Forest. tribal lands? I do not understand. Why, Vicksburg National Military Park. Rogue River National Forest. U.S. Corps of Engineers District Office, Siskiyou National Forest. the little leak in the dike here is begin- Vicksburg. ning to take away the whole dike; and Lower Klamath National Wildlife Refuge. Natchez Trace Parkway. Hart Mt. National Wildlife Refuge. it could. Meridian Naval Air Station. Wallawa-Whitman National Forest. Mr. President, I ask unanimous con- Columbus Air Force Base. Hells Canyon National Recreation Area. sent that the list of these locations in TVA, Tupelo. Umatilla Army Depot. the various States be printed in the MISSOURI (6) Mt. Hood National Forest. RECORD. Federal Locks and Dams: Umatilla National Forest. There being no objection, the mate- No. 20 near Canton. Cold Springs National Wildlife Refuge. rial was ordered to be printed in the No. 21 near West Quincy. McCay Creek National Wildlife Refuge. Warm Springs Indian Reservation. RECORD, as follows: No. 22 near Saverton. No. 24 near Clarksville. PENNSYLVANIA 240 FEDERAL FACILITIES POTENTIALLY AF- No. 25 near West Alton. FECTED BY THE PRECEDENT (LOCATED ON OR Philadelphia Naval Yard. No. 27 near St. Louis. NEAR STATE BORDERS) SOUTH CAROLINA MONTANA (10) ARIZONA (7) Savannah River Site. Hoover Dam. Kootenai National Forest. SOUTH DAKOTA (3) Lolo National Forest. Davis Dam. Black Hills National Forest. Bitteroot National Forest. Glen Canyon Dam. Mt. Rushmore. Beaverhead National Forest. Parker Dam. Lake Wahee. Imperial Dam. Custer National Forest. Several National Forests. Bighorn Canyon National Recreation Area. TENNESSEE (3) Military Installations near Yuma. Yellowstone National Park. Fort Campbell. Millington Naval Base. ARKANSAS (9) Glacier National Park. Crow Reservation. Arnold Engineering Research Facility. Federal prison in Forrest City. Blackfeet Reservation. Corps of Engineers projects at Beaver UTAH (37) Lake. NEBRASKA Flaming Gorge National Recreation Area. Corps of Engineers projects at Bull Shoals Gavins Point Dam. Manti La-Sal National Forest. Canyonlands National Park. Lake. NEW JERSEY (20) Corps of Engineers projects at Norfolk Arches National Park. McGuire Air Force Base. Lake. Ashley National Forest. Corps of Engineers projects at the Arkan- Fort Dix Army Installation. Dinosaur National Monument. sas River. U.S. Naval Air Station, Lakehurst. Brown’s Park National Waterfowl Manage- Fort Chaffee Army base. Pomona Naval Training Airport. ment Area. Felsenthal National Wildlife Refuge. U.S. Naval Recreation Target Area, Ocean Bryce Canyon National Park. White River National Refuge. City. Caribou National Forest. VA Hospital in Fayetteville. Ft. Monmouth, Monmouth. Cottonwood Canyon, BLM. Ft. Hancock, Sandy Hook. CALIFORNIA (50) Dart Canyon Primitive Area. U.S. Coast Guard Bases (Cape May, Fort Dart Canyon Wilderness Area. Military Facilities—Fort Irwin, Naval Dix, Highland, Pt. Pleasant, Ocean City). Desert Range Experimental Station. Weapons Center, Sierra Army Depot. Sandy Hook Gateway National Recreation Deseret Test Center, USAF. National Forests—Eldorado, Inyo, Klam- Area. Dixie National Forest. ath, Modoc, Plumas, Rogue River, Shasta- Delaware Water Gap National Recreation Dugway Proving Grounds. Trinity, Sierra, Siskiyou, Six Rivers, Area. Escalante Staircase National Monument. Stanislaus, Tahoe, Toiyabe. Morristown National Historic Park. Glen Canyon Dam. National Parks and Monuments—Clear Killcohock National Wildlife Refuge. Glen Canyon National Park. Lake National Wildlife Refuge, Death Valley Red Bank National Battlefield Park. Golden Spike National Historic Site. National Park, Joshua Tree National Park, Great Swamp National Wildlife Refuge. Governor Arch, BLM. Kings Canyon National Park, Lava Beds Na- Edwin B. Forsythe National Wildlife Ref- Grand Gulch Primitive Area. tional Monuments, Lower Klamath National uge. High Uintas Wilderness Area. Wildlife Refuge, Modoc National Wildlife Brigantine National Wildlife Refuge. Hill Air Force Range. Refuge, Mojave National Preserve, Mt. Shas- Hovenweep National Monument. NEW MEXICO (6) ta Recreation Center, Redwood National Processing Center, Ogden. Park, Tule Lake National Wildlife Refuge, White Sands Missile Range. Jones Hole Federal Hatchery. Yosemite National Park. Cannon Air Force Base. Joshua Tree Forest, BLM. U.S. Bureau of Reclamation—Boca Dam, Carlsbad Caverns National Park. Mount Naomi Wilderness Area. Imperial Diversion, Laguana Diversion, Lake Kiowa National Grassland. Mt. Honeyville Wilderness Area. Tahoe Dam, Prosser Creek Dam, Senator Carson National Forest. Paria Canyon Cliffs Wilderness Area. Wash, Sly Park, Stampede Dam, Colorado Santa Fe National Forest. Piute Wilderness Area. Dinosaur National Monument. NEW YORK Rainbow Bridge National Monument. Routt National Forest. Ellis Island. Sawtooth National Forest. Arapaho National Forest. Wasatch National Forest. Roosevelt National Forest. NORTH CAROLINA Wendover Range, USAF. Rocky Mountain National Park. Great Smoky Mountains National Park. Zion National Park. Pawnee National Grassland. Cherokee Indian Reservation. VERMONT (2) Comanche National Grassland. Pisgah National Forest. Great Sand Dunes National Monument. Blue Ridge Parkway. Green Mountain National Forest. Rio Grande National Forest. Uwharrie National Forest. Border Patrol Station, Highgate. San Juan National Forest. Fort Bragg Military Reservation. WASHINGTON (37) Mesa Verde National Park. Pope Air Force Base. Federal Dams on the Columbia River. Uncompahgre National Forest. Camp Butner Federal Prison. Federal Dams on the Snake River. Colorado National Monument. Sunny Point Army Terminal. Fairchild Air Force Base. Grand Mesa National Forest. U.S. Coast Guard Air Station, Elizabeth Mt. Spokane Air Force Facility. CONNECTICUT (2) City. U.S. DOT/U.S. Coast Guard Station Ilwaco U.S. Naval Submarine Base, Groton. Veterans Hospital—Swannanoa. and Westport. S11220 CONGRESSIONAL RECORD — SENATE October 1, 1998 Veterans Offices/Hospitals—Vancouver and There being no objection, the mate- There being no objection, the letter Walla Walla. rial was ordered to be printed in the was ordered to be printed in the U.S. Department of Energy—Hanford Site. RECORD, as follows: RECORD, as follows: Indian Reservations—Spokane, Kalispel, Colville, Yakima, Shoalwater. In lieu of the matter proposed to be in- REVENUE CABINET, National Forests—Gifford Pinchot, serted, insert the following: OFFICE OF GENERAL COUNSEL, Umatilla, Colville, Kaniksu, Pend Oreille, SEC. . STUDY ON NON-RESIDENT WAGE EARN- Frankfort, KY, July 11, 1997. Okanogan. ERS AT FEDERAL FACILITIES. Re H.R. 1953—Fort Campbell. National Historic Sites—Whitman Mission, (a) The Secretary of the Treasury shall Mr. HARLEY DUNCAN, Ft. Vancouver. conduct a study which— Federation of Tax Administrators, Mt. St. Helens National Volcanic Monu- (1) identifies all federal facilities located Washington, DC. ment. within 50 miles of the border of an adjacent DEAR HARLEY: The Revenue Cabinet has USGS Cascade Volcano Observatory. State; gathered some information on the Fort National Wildlife Refuges—Julia Butler (2) estimates the number of non-resident Campbell issues of whether employees who Hanson, Willapa, Ridgefield, Conboy Lake, wage earners employed at such federal facili- live in Tennessee and work on the Kentucky Umatilla, Toppenish, Turnbull, Little Pend ties; and side of the Fort Campbell installation re- Oreille. (3) compiles and describes all agreements ceive any benefits from the state of Ken- Bonneville Power Administration—Van- or compacts between States regarding the tucky. couver facility. taxation of non-resident wage earners em- The question of what services Kentucky Bureau of Reclamation Offices and Sites— ployed at such facilities. provides is quite broad. I will attempt to Franklin County. (b) The Secretary shall transmit the re- itemize below what we have investigated and FAA Offices—Pasco, Walla Walla, Spo- sults of such study to the Congress not later the results. kane. than 180 days after the enactment of this Roads—Fort Campbell is accessible from Act. both the Kentucky side and the Tennessee OTHER GENERAL CATEGORIES side. Most workers enter the base at the gate 1. National Forests which straddle State Mr. FORD. Mr. President, the pro- nearest their work station. This means, for borders. ponents of this special deal suggest example, that most hospital workers enter 2. Indian Reservations—What about state that Tennessee employees receive no on the Tennessee side (the hospital is in Ten- workers at Indian casinos located on tribal services from the State of Kentucky nessee), and most school workers enter on lands? and, therefore, should be entitled to the Kentucky side using Kentucky main- 3. National Refuges which straddle State their special exemption. Mr. President, tained roads (the school is in Kentucky). borders. Water and Sewer Service—Self contained this is simply not the case. Let me read on the base. Mr. FORD. Mr. President, I also want from a July 11, 1997, letter from the to make clear to my colleagues that Electric Service—Most is supplied directly Kentucky Revenue Cabinet outlining to the base by the Tennessee Valley Author- this special tax preemption provision the services the State of Kentucky pro- ity. One housing area, however, is supplied in the bill is a clear violation of the vides to those workers. by the Pennyrile Electric Cooperative, a spirit of the Unfunded Mandates Act. I Again, I remind my colleagues that Kentucky based electric company. have said that before, but I want to these are Federal and private sector Cooperative Fire Protection—Local com- munities in both Kentucky and Tennessee make it clear. This provision will cost workers who perform their work within my State $4 million in lost revenue. have agreements with Fort Campbell to as- the borders of the State of Kentucky. sist in the event of a major fire or other What are we doing to offset the loss Roads—Fort Campbell is accessible from emergency. from the special tax preemption provi- both the Kentucky side and the Tennessee Schools—The school system on the Fort sion in this bill? Nothing. Absolutely side. Most workers enter the base at the gate Campbell base is fully self-contained and fed- nothing. Not a thing. nearest their work station. This means, for erally funded. It is limited to the children of Mr. President, if this special provi- example, that most hospital workers enter active duty military personnel stationed at sion had been offered on the Senate on the Tennessee side . . . and most school the military base. workers enter on the Kentucky side using Police Protection—All police protection is floor, I would have offered a second-de- self-contained. Responsibility for Fort gree amendment requiring us to at Kentucky maintained roads (the school is in Kentucky). Campbell and all federal military bases rests least study the broad scope of the Water and sewer services— . .. with the federal/military police. precedent we were setting here before Electrical service—Most is supplied di- Unemployment Benefits—Federal civilian we acted. I am not sure a great deal of rectly to the base by the Tennessee Valley workers who become unemployed can apply thought has been given to the far- Authority. One housing area, however, is for benefits from the state where they work reaching effect of this one little supplied by the Pennyrile Electric Coopera- or the state where they live. If a Tennessee tive, a Kentucky-based electric company. resident working in Kentucky becomes un- amendment in the defense authoriza- employed and applies in Tennessee, a trans- tion bill. It was a special political deci- Cooperative Fire Protection [is there]. . . . Schools—The school system on the Fort fer is made from the Kentucky fund to the sion, and that special political decision Campbell base is fully self-contained and fed- Tennessee fund to pay that worker’s unem- will have ripples that will turn into erally funded. It is limited [however] to the ployment claim. The result is that wherever waves in the future. children of active duty military personnel the claim is filed, Kentucky funds pay the Mr. President, had this special provi- ... claim. I hope this information is helpful to you in sion been offered on the Senate floor, I Police Protection—. . . . Unemployment Benefits—. . . . your efforts concerning H.R. 1953. It is our would have asked for a study. Let’s belief that the civilian employees who work think through this one. We are pre- Mr. President, we talk about exempt- on the Kentucky side of Fort Campbell defi- empting the States; we are telling the ing the Tennessee employees from pay- nitely receive some benefits from the state States how they can tax and how they ing Kentucky tax, but the Federal ci- of Kentucky. cannot tax. This is not a Federal tax. vilian workers who become unem- The Kentucky Revenue Cabinet greatly ap- This is a State tax. ployed can apply for benefits from the preciates the work FTA is doing on H.R. 1953. I think my colleagues would have State where they work or the State Harley, we can’t thank you and your staff enough. If I can be of further assistance, been shocked at how broad this prece- where they live. If a Tennessee resident please let me know. dent is by applying this sweetheart working in Kentucky becomes unem- Sincerely, deal at Federal facilities across the ployed and applies in Tennessee, a ALEX W. ROSE, country. They would be embarrassed to transfer is made from the Kentucky Commissioner, Department of Law, find out the extent to which we are fund to the Tennessee fund to pay that Kentucky Revenue Cabinet. meddling in State tax law matters on a worker’s unemployment claim. Mr. FORD. Mr. President, had this defense authorization bill—all to cre- What is wrong with that agreement? conference report been on a Senate ate a special State tax status for a se- I don’t think anything. The result is bill, I would have offered a motion to lect group of Federal and private sector that wherever the claim is filed, Ken- recommit the bill to conference to workers. I think my colleagues would tucky funds pay the claim. strip this special State tax preemption want to know this information. Mr. President, I ask unanimous con- provision from the bill. It is quite un- Mr. President, I ask unanimous con- sent a letter from Alex W. Rose, com- fair, and I think everybody under- sent that a copy of the amendment I missioner, Department of Law, Ken- stands that. would have offered be printed in the tucky Revenue Cabinet, be printed in They are doing a political favor, be- RECORD. the RECORD. cause the Senators who represent that October 1, 1998 CONGRESSIONAL RECORD — SENATE S11221 State are from another party. I do not and it ought to be bitterly opposed by The PRESIDING OFFICER. Without understand why my colleague, who is a every other Senator on this floor. objection, it is so ordered. member of that party, would allow this I say to my colleagues, you have cre- Mr. THOMPSON. Mr. President, I to happen to his State. I thought we ated a broad precedent here that I be- rise to express my strong support for were here representing our constitu- lieve will come back to haunt you. I the conference report we are consider- ents, not our party. I think it is dis- will not be here on the floor to see it ing today. This report includes a provi- appointing that both my colleagues play out but I can see it coming. The sion that will provide relief to approxi- here in the Senate and the Congress- next time, it won’t be Kentucky that mately 2,000 citizens of my State of man from the First District in my will be hit. It very well may be the Tennessee who are being unfairly taxed State allowed this to happen without State of one of the Members who sat on by the Commonwealth of Kentucky. at least raising their voice in objec- the conference. These people are civilian employees at tion. How much time remains? Fort Campbell who live in Tennessee However, I understand the option is The PRESIDING OFFICER (Mr. and work on the Kentucky side of Fort no longer mine to offer any kind of BROWNBACK). The Senator has 40 min- Campbell. amendment or any kind of motion to utes remaining. They are being required to pay in- recommit. Since this is a House bill Mr. FORD. I reserve the remainder of come tax to Kentucky. But they re- and it has already been approved by my time and I yield the floor. ceive no services from Kentucky. the House, thereby dissolving the con- Mr. THURMOND. Mr. President, I I understand that it has been stated ference, I understand the rules. I think suggest the absence of a quorum and I on the floor this morning that Ten- I know the rules reasonably well here— ask that the time be equally charged. nessee is taking unfair advantage of not quite as well as Senator BYRD or, Mr. FORD. I object, Mr. President. Kentucky, that perhaps we will bank- hopefully, the Parliamentarian, but I The PRESIDING OFFICER. The ob- rupt the State or do grievous harm to have no illusions about what the out- jection is heard. them—basically a conspiracy among come of that vote might have been. Mr. FORD. Since I objected, I will Democrats and Republicans, appar- After all, a sweetheart deal is a sweet- use some of my time. ently, Tennesseans and Kentuckians, heart deal. I was hoping that the proposer of this to perpetrate somewhat of an outrage I did want to draw attention to this amendment would be here on the floor against the good folks of Kentucky. provision. It is patently unfair. It has so we could discuss it a little bit more. I am sorry that we can’t debate it no place in this bill. The committees I have been here, now, for about 30 based strictly on the merits of the ac- that put this bill together have no ju- minutes—I guess, a little better—try- tion being taken, because it is a very, risdiction over the issue whatever. I ing to discuss my side, and I don’t want very meritorious objective consider- think it is a dark mark on this piece of to lose my time on the basis that the ation of what we are doing here today. legislation as it relates to States opposition or the proponent is not On any objective consideration in rights, going outside the jurisdiction of here. I am more than willing to let the terms of sound policy, or in terms of the committee. I think it leaves a time come off of the time of the man- fairness, this provision stands and sur- black mark and a black cloud over this agers of the bill but I prefer the time vives. piece of legislation. This special tax not come off of mine. If the chairman We are not taking unfair advantage preemption provision is terrible policy. of the committee and the manager of of the Commonwealth of Kentucky, our We should not be dictating to States the bill would like to do that, I would good neighbors to the north. What we how to administer their own tax laws. have no objection. If he prefers not to are doing, as attested to by a vote of We should not be imposing our will on do that, I hope he will encourage the 15-to-0 out of the Governmental Affairs the States in matters that have noth- Senators from Tennessee to come to Committee, is righting a wrong and ing to do with the Federal law and are the floor. correcting an inequity. traditionally and constitutionally left The only problem I have here before The Commonwealth of Kentucky has to the States to resolve. I suggest a quorum is, I would not want gotten used to being able to tax Ten- We hear a lot of rhetoric from the to be preempted from taking the nesseans—levy income tax on them— other side of the aisle that is never quorum off—which I could—and then without providing any services to matched by the actions we see around we would have to go through the proc- them. Weaning from a situation like this place. They say ‘‘lower taxes,’’ but ess. Would the Senator give me the as- that I guess perhaps can be somewhat fail to say how they will offset them surance he would not object if I want painful, but I don’t think it is going to without causing more deficits. They to take the quorum off? do grievous harm to the Common- say ‘‘less government,’’ without saying Mr. THURMOND. No objection. wealth of Kentucky, which I under- where they will cut. They say ‘‘no Mr. FORD. I suggest the absence of a stand had a $306 million surplus last more unfunded mandates,’’ but con- quorum. year, and is perhaps beside the point. tinue to impose unfunded mandates on The PRESIDING OFFICER. The But when we are talking about fair- the States. And this is, in the strictest clerk will call the roll. ness and equity, and some of the other interpretation, an unfunded mandate. The legislative clerk proceeded to things we are discussing today, and the They say ‘‘States rights,’’ but continue call the roll. fact that we are discussing basic prin- to pass special proposals like this one, Mr. FORD. Mr. President, I ask unan- ciples and so forth, and who looks out which preempt State law, even in the imous consent that the order for the for the little guy, we are basically deal- areas that have been left to the States quorum call be rescinded. ing with civilian employees working at for the last 200 years. The PRESIDING OFFICER. Without Fort Campbell with average incomes of Once again, Mr. President, we see objection, it is so ordered. about $30,000 a year. So these Tennesse- that the rhetoric does not match the Mr. FORD. Mr. President, I ask unan- ans are paying about $1,800 a year to reality. When my friends on the other imous consent that the time during the Kentucky for nothing in return. So side see that expanding the role of Fed- quorum be charged equally to the four let’s just put that in a little bit of per- eral law fits their purposes, the rhet- entities that have time on this bill. spective. oric about States rights goes out the The PRESIDING OFFICER. Without Of course, it is not just the Ten- window. When they create a special tax objection, it is so ordered. nessee-Kentucky situation, it is two exemption by imposing a $4 million Mr. FORD. Mr. President, I suggest other situations where the Federal fa- cost onto another State, the unfunded the absence of a quorum. cility straddles the State border. This mandates rhetoric goes out the win- The PRESIDING OFFICER. The provides relief for the State of Wash- dow. clerk will call the roll. ington also. It also provides relief for Mr. President, I am very dis- The legislative clerk proceeded to the State of South Dakota. I don’t see appointed we have seen this issue, the call the roll. the Members of the State of Oregon, preemption of State tax law, legislated Mr. THOMPSON. Mr. President, I ask which is affected by it, or the State of this way on a defense authorization unanimous consent that the order for Nebraska, which is affected by it, to bill. It is bitterly opposed by my State the quorum call be rescinded. seem to have any problems either with S11222 CONGRESSIONAL RECORD — SENATE October 1, 1998 the constitutionality or the fairness of plied to the State of Kentucky and was The Washington residents working their situations. The situations are ba- turned down. on the Columbia River Dam receive no sically the same. There was another witness who ap- benefits from the State of Oregon. But we have an issue here today with peared before our committee who had They are not eligible for instate tui- regard to Tennessee and Kentucky. So been in the Air Force for 20 years, grew tion rates at Oregon schools. They are be it. up in Kentucky, and paid Kentucky not eligible for Oregon unemployment As I said, these are civilian Federal taxes far 20 years; then he moved to compensation benefits. In fact, when a employees. They work in Fort Camp- Tennessee; then he was assigned at Washingtonian who was laid off from bell, KY. As it is well known, 80 per- Fort Campbell on the Kentucky side Washington at one of the dams applied cent of Fort Campbell is in the State of while he was living in Tennessee—the for Oregon unemployment compensa- Tennessee. The mailbox is Kentucky. It typical kind of a situation we are ad- tion, he was denied. But when he later is referred to as Fort Campbell, KY. dressing. His daughter applied to the received unemployment benefits from There are several Federal civilian em- University of Kentucky. He sought Washington, Oregon tried to tax those ployees who live in Tennessee and who instate tuition rates. He was denied benefits. work on the Kentucky side. Some of that. He was treated as out-of-State for I recognize that the Oregon State them have worked on the Tennessee purposes of tuition when his daughter Legislature enacted a bill last year to side for a long time and are assigned on wanted to go to the University of Ken- exempt Washingtonians employed at the Kentucky side. They have nothing tucky. the Columbia River Dam from Oregon In other words, he is a Tennessean to do with that. It is not within their income tax. But it appears that the under some circumstances, when it power, if they want to remain em- State was only reacting to the other benefits the Commonwealth, and a ployed. And thereby Tennessee does body’s swift movement of H.R. 1953. Or- Kentuckian in other circumstances, not have an income tax. Kentucky egon is continuing to require Washing- does. They pay the maximum sales tax when it benefits the Commonwealth. As I said, it is not just Tennessee ton residents to file W–2 forms in Or- and other taxes in Tennessee, plus the that is involved here. Employees at the egon. Therefore, Washingtonians fear income tax of Kentucky. They enter Gavin’s Point Hydroelectric Dam are that Oregon may repeal the recently the Federal facilities on the Kentucky in a similar situation. This dam is a enacted exemption in the absence of side by a Federal route. They do not go Federal facility maintained by the Federal legislation. on the property of the Commonwealth Army Corps of Engineers and it strad- Now, there is no question that with of Kentucky to enter the place where dles the Missouri River. The Missouri the passage of the Buck Act in 1940, they are working. River is the border between South Da- States have the authority to tax Fed- As I said, there are no services pro- kota and Nebraska. The 35 South Da- eral employees, but over a period of vided. I understand there was some ref- kotans who are employed at the dam time, after due deliberation by Con- erence made to some resident facilities are subject to Nebraska income tax on gress, there have been exceptions that being provided with water or some half their wages earned on the dam. have been made to this. There has been services. Of course, these people do not Nebraska claims that because half of an exception for the military. There avail themselves of that. I can’t imag- the Gavin’s Point Dam is in the State has been an exception for Members of ine anything other than a most dire of Nebraska, half the wages earned by Congress. There has been an exception emergency where fire, water, sewer, South Dakotans on the dam are subject for Amtrak employees, for example, and police protection, and all of that is to Nebraska income tax. But these employees who, of course, travel over provided by the Federal Government. If South Dakotans only travel into Ne- several States. There was an exemption the problem gets so big, I imagine folks braska while they are working on the with regard to the ability to tax pen- in Tennessee and Kentucky would Federal dam and they receive no bene- sion income from nonresidents. So come in and try to help out. But basi- fits from Nebraska for the taxes that these have been exemptions, and we cally, in terms of basic services—fire, they are required to pay. They are in- can argue and debate the wisdom of police, sewer, and water—none of those eligible for Nebraska unemployment each of these exemptions, but it has services is provided by the Common- benefits and accident insurance bene- been long recognized. wealth of Kentucky for the benefit of fits. There is no question about the con- these employees. Basically what they Likewise, Washingtonians employed stitutionality, incidentally. The wit- are doing is paying income taxes for at the Columbia River hydroelectric nesses even before our committee who nothing received. dams were subject to tax by the State did not think that what we were doing As I said, these people are not in the of Oregon until just recently. was the best way to go, I don’t think military. There is already an exemp- These dams are Federal facilities raised any questions concerning the tion for the military employees. They maintained by the Army Corps of Engi- constitutionality of what we were can only be taxed in their State of resi- neers. They straddle the Columbia doing. dence. River. The Columbia River is the bor- Congress clearly has the right con- This is a situation where literally der between Washington and Oregon. stitutionally to move in this regard. some people have been transferred and One-hundred and forty Washingtonians We can debate the merits of each of moved across the street, or even down working on these dams only cross into these exemptions, but there has been the hall in their own building, and be- Oregon when their work takes them no question over the years after due de- come subject, just because of that across the midpoint of the dams. Or- liberation there have been exemptions move, to Federal income tax or to in- egon had required these employees to carved out on the basis of what is right come tax from the Commonwealth of keep detailed records regarding the and on the basis of fairness. This idea Kentucky. When people in that situa- exact amount of the time they spent on that we are opening up Pandora’s box tion—who live in Tennessee, work in the Oregon side of the dam in order to and it is going to affect anybody who Kentucky, only go on Federal property obtain a tax refund from Oregon for works near a Federal facility or any- to get to their job, come right back, no time worked on the Washington side of thing of that nature is certainly a mis- services—if those individuals go on un- the dam. Oregon also required Wash- placed concern. But that is not some- employment, they can’t go to the Com- ington residents to pay income tax on thing that has been affected here—not monwealth of Kentucky and get unem- a prorated amount of their vacation employees who are near a border. We ployment benefits. pay based upon the percentage of time are talking about a specific situation We had a witness before the Govern- during the year worked on the Oregon where you have a Federal facility mental Affairs Committee, when this side of the dam. Because employees at straddling two States. One State does was taken up, who makes $15,000 a the dam cross back and forth multiple not have a State income tax and the year—$15,000 a year, and three kids—is times a day, Oregonians’ recordkeeping other State does. That is a very, very a Federal civilian employee, lives in requirements forced the Federal em- specific and narrow situation with Tennessee, and works on the Kentucky ployees to waste a good portion of their which we are dealing. side. When she went on hard times and workday documenting their move- It does not affect national parks, for had to apply for food stamps, she ap- ments across the dam. example, where local governments October 1, 1998 CONGRESSIONAL RECORD — SENATE S11223 have much more to do with providing year, but yet they put Oregon and So, Mr. President, I understand what emergency services and things of that Washington in this legislation and they the Senator is trying to do, but I won- nature than the Commonwealth of don’t need it. The States have worked der how he voted on the unfunded man- Kentucky or the other two States af- it out themselves. dates bill. You are eliminating $4 mil- fected here, the State of Oregon and Mr. President, I ask unanimous con- lion a year—$4 million a year—from the State of Nebraska, provide in these sent that a letter to Senator THOMPSON Kentucky’s income. Are Kentuckians situations. from the director of the Oregon Depart- excused from the high Tennessee sales I agree that Congress should tread ment of Revenue be printed in the tax? Why not? Why wasn’t that put in carefully when it acts to limit the tax- RECORD. this bill? If you are going to be exempt ing authorities of States, but these There being no objection, the letter from our income tax, why don’t you ex- three situations addressed by the con- was ordered to be printed in the empt Kentuckians, who are identical ference report are exceptional, and I RECORD, as follows: employees with an identical employer? believe they meet the elevated thresh- OREGON DEPARTMENT OF REVENUE, What about the restaurants and the old which has been set by Congress for Salem, OR, October 21, 1997. canteens and the cleaners and such preempting a State’s taxing authority. Hon. FRED THOMPSON, that are going to be exempt under this, At this time I would like to thank U.S. Senate, Chair, Committee on Governmental the private sector? This is a broad, Affairs, Senate Dirksen, Washington, DC. broad piece of legislation. Broad, my distinguished colleagues who have DEAR MR. CHAIRMAN: I am writing to alert served as conferees on the Strom Thur- you to a piece of proposed federal legislation broad. mond National Defense Authorization that is scheduled for a hearing this Friday. Let me read the Buck Act. Of course, Act for including this important provi- The proposal, contained in H.R. 1953, would we have the authority, I guess, to do sion in the final bill. I would also like place a federal prohibition upon the state of that, but is it right? There are 240 to thank my friends from Tennessee, Oregon that would not allow Oregon to im- known installations similar to this sit- pose an income tax on Washington residents Congressman BRYANT and Senator uation. And Mississippi is one of the whom are federal employees working on the most vulnerable States in the country FRIST, for their hard work on behalf of dams that span the Columbia River. these 2,000 Tennesseans. I am pleased We were alerted to this problem earlier as it relates to this type of legislation. they are finally getting the tax relief this year and were successful in obtaining The Buck Act says: they deserve. I urge all of my col- legislation at the state level that exempts No person shall be relieved from his liabil- leagues to support this conference re- these Washington residents from Oregon in- ity for any income tax levied by any State, or by any duly constitutional taxing author- port. come tax effective January 1, 1997. A copy of the bill, which has been signed into law by ity therein, having jurisdiction to levy such I thank the Chair. I yield the floor. our Governor, is enclosed (See Sections 6 and a tax by reason of his residing within a Fed- The PRESIDING OFFICER. Who 7 of Enrolled Senate Bill 998). We have been eral area or receiving income from trans- yields time? in contact with the Army Corps of Engineers actions occurring or services performed in Mr. FORD addressed the Chair. and have jointly developed procedures that such area. And such State or taxing author- The PRESIDING OFFICER. The Sen- will ensure that the affected workers will ity shall have full jurisdiction and power to ator from Kentucky. not be taxed on this income and will receive levy and collect such tax in any Federal area Mr. FORD. I am delighted that the a full refund of any amounts withheld prior within such State to the same extent and distinguished Senator from Tennessee to the passage of the bill. with the same effect as though such area was I am concerned that the federal govern- not a Federal area. would come to the floor to explain his ment is proceeding with legislation to ad- That is the Buck Act. reasons for using the Armed Services dress a problem that Oregon has already re- My colleague lays out exempting legislation in an authorization bill for solved. We take very seriously our respon- military employees. When I served in a tax provision. sibility to establish and maintain a tax sys- World War II, we got exempted then. One of the things my distinguished tem that is fair to all citizens regardless of You only paid taxes in the State where friend said is that Kentucky provides their state of residency. As such, we are gen- you resided. That is nothing new. That erally opposed to external mandates believ- no facilities. Well, if a person who is is 55 years old, I guess—something near employed at Fort Campbell files for un- ing that they impinge on Oregon’s sovereign right to define its own tax system. Accord- that. It has been here for 55 years. employment benefits in Tennessee, ingly, any efforts on your part to remove Or- He talked about Amtrak employees. guess who pays for it. Guess who pays egon from this federal mandate would be They are on a train, they are going for it. Kentucky reimburses Tennessee. greatly appreciated. across the country. Would they pay tax Isn’t that a service? Thank you for the opportunity to express in every State? Of course not. That is I heard talk about other States. Let’s my concerns about this proposed legislation. common sense, to let them pay tax in Please feel free to contact me if you want to talk about our States—the roads that the State where they reside. enter at the nearest gate. Sure, we discuss the issue further. Sincerely, We have a lot of employees on the have electrical service that is provided. ELIZABETH HARCHENKO, Interstate Highway System. They live That comes out of Kentucky into Fort Director. in one State and they work in several Campbell. We have cooperative fire Mr. FORD. The Senator says that States, as they construct interstate suppression. If they say it is serious, this only applies to two States really, highways through various States. They both Tennessee and Kentucky would be or very few. But the precedent here is are exempted. That is common sense. there. the dangerous thing. We start under But, to take an exemption and cost a Unemployment benefits—I am sur- the Buck Act, and I am sure the Sen- State $4 million—what kind of surplus prised the Senator would say that we ator, being a legal expert, is fully fa- does Tennessee have? He refers to the don’t pay anything. We reimburse Ten- miliar with the Buck Act and what it surplus of Kentucky. What kind of sur- nessee for the unemployment. Ken- says about the State’s ability to tax its plus does Tennessee have? That has tucky pays. He raised the fact that the own. Now, if he is not familiar with nothing to do with the principle and Governmental Affairs Committee held that, I can help him a little bit in try- the character of this provision under a hearing on this but the Finance Com- ing to explain the Buck Act. the armed services defense authoriza- mittee did not. When did the Govern- But the two States were in the proc- tion bill. mental Affairs Committee take over ess of negotiating when they were in- The Senator can argue all he wants for the Finance Committee? formed, or at least the Tennessee side to, but when he talks about in-State The Senator has talked about Oregon was informed, that it would be taken and out-of-State college, that individ- quite a bit. I have a copy of a letter to care of here. And it was being taken ual renounced his Kentucky citizenship the Senator, written from the director care of, so the negotiations were called and moved to Tennessee. You enjoyed of the Department of Revenue, saying off. him moving over there. You probably that they settled their own problem, I remember when Tennessee called a welcomed him with open arms. But that Oregon passed their bill and the special session to prevent Kentucky then you come in here and say he can- States worked it out. There is no need contractors from doing business in not get exemption in another State? for them to be included in this legisla- Tennessee. This is a long-term thing. It Why didn’t he go to Tennessee, if he tion. Here is the letter, dated October is just not the first one. I go back into likes it so much? We have a few univer- 21, 1997. The Senator had it almost a the early 1960s when this occurred. sities there that are pretty good. They S11224 CONGRESSIONAL RECORD — SENATE October 1, 1998 get State exemption, residential ex- two Senators from the State of Wash- with the States and their policies vis a emption. He just happened to want to ington do not feel like it has been vis the Federal Government. go to a better school. So, you fuss worked out. This has to do with the way a State about that. They moved to Tennessee. Just as the situation is with South government is treating the citizens of Anybody else from any other State Dakota. I think the distinguished mi- another State. Ever since we have had would not be exempted. Tennessee nority leader of this body supports this the interstate commerce clause in the would not exempt a Kentuckian resid- provision in the legislation. So, regard- Constitution, that has been something ing in the State of Kentucky to go to a ing the Tennessee/Kentucky situation, that has been appropriately addressed Tennessee school. That seems to me a the negotiations that my friend refers by the Congress of the United States. pretty thin reason for having this sec- to, I think the result was a bit dif- So I do not want to beat a dead horse tion of the armed services bill. ferent than what has been alluded to. here either. I feel, as does my colleague Mr. President, I go back to the My understanding was there was one from Kentucky, that we are not going point—I have heard many, many Sen- meeting in August and the suggestion to change very many votes on this de- ators in this body talk about States was that Tennessee absorb the dif- bate. But, in closing, I hope our friends rights. There is a lot of rhetoric here. ference; that we give these Tennessee in Kentucky do not feel that this is There is a difference between talk and employees a credit and the State of some kind of a power grab, something action—talk and action. The talk is Tennessee absorb the difference. That that is unfair to them, something that States rights. The action is taking it was not considered to be fair by the we have them over the barrel on. away. people in Tennessee, so those negotia- This is something that is supported This bill is going to pass. There is no tions broke down. by Democrats and Republicans in this question about that. I have no illu- With regard to the college tuition body. It is very narrowly tailored. My sions. I have counted votes around here situation, at issue here is not that this friend refers to 240 other situations. longer than the Senator from Ten- gentleman moved from Kentucky back They are not similar. The only com- nessee, and I understand what the vote to Tennessee; that is for sure. The parable or analogous situations would will be. But you have something in the issue is he was working on the Ken- be those situations where Federal fa- legislation that is not right, that is not tucky side and paying Kentucky in- cilities straddle a State border, and fair, that the States were in the proc- come taxes and still not getting that there are only three of them, and those ess of trying to work out and to nego- benefit from Kentucky. That is the are the three that we deal with here. We are trying to do what we often do tiate. Then the word comes from Big point. I believe, if my colleague will in this body, and that is finely tailor a Brother: ‘‘Don’t you worry about it, check—I suppose we cannot resolve it remedy for something that doesn’t af- we’ll take care of it. Big Brother is here this morning—but I think, if my fect many people. It doesn’t affect colleague will check, he will see that going to preempt the States. Big many people at all. But with regard to when the situation is reversed, my un- Brother is going to take care of a few those who are affected, it is important derstanding is when Kentuckians work residents in this legislation.’’ There are for those folks who on average are on the Tennessee side, they get Ten- other States that have already settled. making $30,000 a year. It is something nessee instate tuition. The Senator from Tennessee has the we have been trying to work out for 10 I do not want to get into an extended letter setting it out and objecting to years. We have not been able to. I battle between the States here. We what he is trying to do here because would rather not have to come to the enjoy a common border and friendly re- they worked it out as a State. You pre- floor of the U.S. Senate and resolve lationships and all that. But just on empt the States. this matter this way, either. After try- the basis of fairness, I believe we are What would happen if we were pre- ing all other avenues, we were left with doing a little bit better in that regard, empting Tennessee? Oh, it would be a no choice. bear in here. There would be growling in terms of comity, in terms of out-of- Mr. President, I thank my colleagues and fighting and fuming and fussing State tuition for workers who work at and extend my good wishes and respect over preempting Kentuckians in Ten- Fort Campbell. It is just simply based to the senior Senator from the Com- nessee. I hope my colleague from Ken- upon the proposition that a person monwealth of Kentucky who has tucky, Senator MCCONNELL, will offer should not have to go across the bor- fought so long and hard for his State. I an amendment or something next year der, down the hall or down the street or never look forward to having to come so Kentuckians who are in the same across the street and so forth, when he to the floor and take him on in any cir- position will not have to pay the out- is assigned new duties, not use any of cumstance, especially when he is de- rageous Tennessee sales tax. Just have the Kentucky facilities, and have to fending or representing and taking the a drivers license, show it, so we can be pay Kentucky income tax and not get side of the Commonwealth of Ken- exempt. any of the benefits, whether it be col- tucky, because I know his heart and Mr. President, I reserve the remain- lege instate tuition or not. soul is in it. I respectfully disagree der of my time and yield the floor. I would also point out to my col- with him on this. I think it is the right The PRESIDING OFFICER. The Sen- league with regard to Kentucky em- thing to do. I think it is fair to these ator from Tennessee. ployees working at Fort Campbell who employees, and I urge its adoption. I Mr. THOMPSON. Mr. President, I for- work on the Tennessee side, as far as yield the floor. got to inquire as to the time situation. ‘‘on the post’’ is concerned, they do not Mr. FORD addressed the Chair. I understand we had 30 minutes. May I pay Tennessee sales tax. If they go off The PRESIDING OFFICER (Mr. GOR- ask if time was kept on me before, how the post they will pay Tennessee sales TON). The Senator from the Common- much time I have remaining on that? tax, but then they are using Tennessee wealth of Kentucky. The PRESIDING OFFICER. The Sen- facilities. The point is just simply not Mr. FORD. Mr. President, I appre- ator from Tennessee controls 14 min- well founded any way that you look at ciate the Senator’s flattery, but in this utes 30 seconds. it. case, it won’t get him anywhere. Mr. THOMPSON. Mr. President, just With regard to the States rights Let me correct one thing, if I can. in response on some of the points that issue, that is something that, of The Senator said we were exempt from my friend from Kentucky made with course, is of concern to all of us. A lot sales tax. That is not true. We checked regard to whether or not the other of people strongly believe in federalism this morning. You pay tax at res- States need this and whether or not it and that the proper role of the States taurants, dry cleaners—all that—you is worked out permanently to their should be preserved in the relationship pay the sales tax on the base. On the satisfaction, I think probably the Mem- between the State and the Federal base, you pay it. We called down there bers of this body who represent those Government. I would simply point out this morning. Now, if you want to call States would be the best witnesses. If that with regard to most of these again, that is fine. I know where it is. the Oregon situation is worked out, issues, it has to do with the relation- I have been there. They have trooped then perhaps Senator GORTON and Sen- ship between the State governments out the troops for me. They jumped ator MURRAY will oppose me on this. and the Federal Government, and the with parachutes and all that. It is obvi- But I do not think they do. I think the Federal Government’s relationship ous my name won’t be on any building October 1, 1998 CONGRESSIONAL RECORD — SENATE S11225 down there, however, but that is all Here it is different. If you are a resi- Services Committee, however, heard no right. I don’t really worry about that. dent of Tennessee and work in Ken- testimony—the Senate Armed Services What I worry about is what is being tucky, you don’t pay any tax. If you Committee, however, heard no such done here and the precedent that is are a private sector employee and you testimony—because it held no such being set. They talk about they are all are at a Federal facility, you don’t pay hearing and had no such jurisdiction similar. The two other locations are any tax. The Tennessee contractor who over this piece of legislation. dams. They are dams. They go across a would offer a bid at Fort Campbell has Nonetheless, without any floor de- river. They connect the States. That is a sweetheart deal because a Kentucky bate, a provision was snuck into the a very small area. This is 105,000 acres contractor, or any other contractor, House version of the defense authoriza- that we are talking about here. This is will have to pay the taxes, but Ten- tion. So I ask where my Kentucky col- a different facility, different situation, nessee will not. leagues were. different problem altogether. One is a Big Brother says we are going to set- Mr. THOMPSON. Will the Senator hydro; the other one is a dam. I say to tle State taxes, not Federal taxes, yield for a moment? my friend, in those two cases he is de- State taxes, and put it on the defense Mr. FORD. Glad to. fending here, it is limited to Federal authorization bill. It has never been to Mr. THOMPSON. Mr. President, I employees. In the Tennessee-Kentucky the Finance Committee, which has ju- yield the remainder of my time to the problem, it is not. You did not limit it risdiction. And the testimony that was floor manager, Senator THURMOND. to Federal employees. You went to pri- received in the House was something The PRESIDING OFFICER. The Sen- vate sector contractors and their em- that I think we should go back to. ator has that right. ployees. That is the reason the $4 mil- The Senate Governmental Affairs Mr. THOMPSON. I thank the Sen- lion is there and there is no unfunded Committee held a hearing on October ator. mandate help for my State. 24th of last year. The House held a Mr. FORD. I ask the Chair, how much It is quite different. This is as broad hearing on April 17th of last year. To time do I have left? as broad can be, with a capital B. It is my knowledge, the Senate Armed Serv- The PRESIDING OFFICER. Five not only Federal employees. The others ices Committee held no hearings on minutes 38 seconds. are very small—35 employees. They are this issue in either session of this Con- Mr. FORD. Well, I understand why hydroelectric and dams, both of them. gress. The reason is obvious: because the Senator from Tennessee does not This is 105,000 acres. the Armed Services Committee had ab- want to debate this; because he is We pay sales tax, as Kentucky resi- solutely no jurisdiction over this wrong. I like him. He is a nice fellow, dents, on the base. You exempt private issue—none. friendly. Oh, you could not ask any- contractors and their employees, and it The conferees on the defense author- body to be any friendlier than the Sen- costs us plenty. People will say, ‘‘FORD, ization bill, in my judgment, have no ator from Tennessee. And I have al- this is fair.’’ Fair to whom? I can bring business attaching language which pre- ways enjoyed his acting. In fact, I have the document—I don’t have it here empts State tax as part of the defense seen some reruns. I have enjoyed with me—but tuition was part of the authorization bill. watching those a second and third negotiations. I wouldn’t negotiate ei- Let’s go back to the House hearing of time. I look for him. But that does not ther if it was going to be settled here last April. What kind of testimony did mean he is wrong or right all the time. and you know what is going to happen. that committee hear? It heard that But in this case he is wrong. But the rights of the minority should Kentucky’s tax structure met all ap- And I wish this would not happen be- be protected. I can’t change the vote. propriate constitutional standards for cause, I say to my colleagues, when we Mine is the only one that I can handle, fairness and nondiscrimination. That is start telling the States how to tax, that I can guarantee, but we ought to the testimony. That committee was when we take that authority away be protected. from the States, then we have gone a I have seen a lot of debate here in a told that the ability of States to define long way in disrupting what the little over 24 years. The distinguished their own tax structures within the Senator from South Carolina has seen bounds of the Constitution was ‘‘one of Founding Fathers said this country a lot more. But most of the time, al- the core elements of sovereignty pre- should be made up of. most without exception, both sides served to the States under the Con- So I will not leave this Senate with- have wanted to protect the minority, stitution.’’ It may be constitutional, out having made this statement. I un- and here there is no protection. but it is ‘‘one of the core elements of derstand where the votes are. I under- Mr. President, as we are being stam- sovereignty preserved to the States stand what is going to happen to this peded here, I think it is highly unfair, under the Constitution.’’ bill. But at some point, I believe, sin- it is uncalled for, and this is very one- The committee was told that if Con- cerely, that it will be in court. And the sided. We pay the unemployment, re- gress jumps in and preempts State laws constitutionality of this and the pre- imburse Tennessee, we help with elec- in this case, ‘‘it will by definition cre- emption of States’ ability—not a Fed- tricity, we help with roads—we do all ate a preferred class of taxpayer * * *. eral tax but a State tax—they give a those things. You act like we don’t do Currently all workers—public and pri- preferred class of taxpayer here. You anything. But if you have unemploy- vate—in Kentucky * * * are subject to have two people sitting across the ment benefits and Kentucky pays a the same rules. This should not be dis- table, having lunch, and both are work- Tennessee resident and reimburses the rupted by the Congress without a ing for the same company; both do the State—Kentucky doesn’t do anything. strong policy [mandate].’’ same job; both make the same money; It is very difficult for me to under- The House committee was also told but the fellow from Tennessee pays no stand when they start talking about that the proposal to grant special sta- tax; the fellow from Kentucky pays it precedents set here. That is for active tus to Tennessee residents violated the on a military installation. duty military. They pay the tax, if spirit of the Unfunded Mandates Act of There are 240 of these, at least, out any, in the State in which they are a 1995. The committee was told, ‘‘if Con- there. And as I said, Mississippi is resident. The Senator brought up Am- gress feels that the impact of federal going to be one of the most vulnerable trak employees. You can get on a train workers employed on installations States. in New York and wind up in California. crossing the borders of two states * * * Mr. President, I yield the remainder Do you pay in each one of the States should be offset, it should provide the of my time to Senator LEVIN for his you go through? Of course not. That is funding necessary to offset the costs use, and I yield the floor. just common sense. imposed on the states affected and not The PRESIDING OFFICER. Who You can have a construction worker just preempt legitimate taxing author- yields the time? who is building interstate highways ity.’’ That is the testimony. That is Mr. FORD. I suggest the absence of a and can go through several States. You what the committee was told. quorum, and it be charged equally to wouldn’t expect him to pay tax in Mr. President, the Senate Govern- both sides. every State. So common sense says pay mental Affairs Committee I believe The PRESIDING OFFICER. Without the tax in the State in which he is a heard similar testimony during the objection, it is so ordered. resident. hearing last August. The Senate Armed The clerk will call the roll. S11226 CONGRESSIONAL RECORD — SENATE October 1, 1998 The assistant legislative clerk pro- pressive veil now muting the Chinese committee, I am pleased that we have ceeded to call the roll. people. continued to address some of the im- Mr. THURMOND. Mr. President, I I want to make one final observation. portant issues of pay and housing that ask unanimous consent that the order Last week, in declaring the success of are necessary to maintaining the spirit for the quorum call be rescinded. his country in combating the floods and moral of the people in our force. The PRESIDING OFFICER. Without raging throughout China, President But, we have a great deal more to do in objection, it is so ordered. Jiang Zemin compared that success to this area. Mr. THURMOND. I yield 5 minutes to the success of stemming the tide of de- The Joint Chiefs of Staff testified the Senator from Arkansas. mocracy and praising their crackdown just a couple of days ago about the Mr. HUTCHINSON. I thank the at Tiananmen Square. I think I need state of readiness for today and tomor- Chair. say little more, Mr. President, as to row. Readiness is a function of quality Mr. President, I rise in strong sup- the ongoing problems of an oppressive of life, of training, and of adequate in- port of the fiscal year 1999 Strom Thur- regime in China. I applaud the chair- frastructure. Two of these three mond defense authorization conference man and the conference for including areas—the infrastructure, the housing, report. I congratulate the managers of these very important provisions in the the equipment, the facilities, the tools this bill for their exemplary work. In conference report. which we provide our service members particular, I would like to express my I yield the floor. with, and the quality of life—are most sincere gratitude and apprecia- Mr. THURMOND. Mr. President, I strained and in many cases inadequate. tion to Chairman THURMOND for his yield 5 minutes to the distinguished The pay is too low and military bene- service to the Senate and for his serv- Senator from Indiana, Mr. COATS. fits are in question. We are losing good Again, I want to say, since the Sen- ice to our country. people, too many good people. A great ator is leaving this year, he has been Mr. President, I know that this was deal needs to be done in this area. one of the most contentious con- one of the ablest men on the Armed A great deal also needs to be done on ferences in the past decade, particu- Services Committee. The Armed Serv- the whole infrastructure front, not larly because of the U.S. satellite li- ices Committee and the Senate will only in providing necessary facilities, censing provisions. However, I am greatly miss this individual. Again, I but in terminating that infrastructure pleased that this conference report commend him and wish him well in all which is no longer needed. Too often contains a provision shifting the juris- of his undertakings. we have perpetuated that infrastruc- Mr. COATS. Mr. President, I thank diction for U.S. satellite licensing from ture that is no longer required, and the chairman for his kind words. I the Commerce Department back to the done so at great expense. want to return that compliment, be- State Department, where I believe the I have also been engaged in the whole cause it has been a distinct privilege national security of this country can question of defense transformation. and pleasure for me to serve under the best be protected. This action is a step How can we transform our national de- able leadership of our chairman, Sen- away from the controversial policy fense from a cold-war effort that has ator THURMOND. Senator THURMOND is, that President Clinton established in been unparalleled in the history of na- perhaps, not one of but perhaps the 1996 and it is a step toward enhanced tional defense—not only this country, most remarkable individual I have ever national security. I hope the President, but in this world. How can we trans- known, someone who has committed a in signing this bill, will walk forward form that into a national security ap- lifetime and more of political service with us. to his fellow man and to his Nation, paratus our defense structure to ad- In addition, I am very pleased by the and who has served as a Rock of Gi- dresses the threats of the future, which addition of several China-related provi- braltar in support of a strong national will be different from the threats of the sions that I spoke in behalf of—spon- defense. Serving on the committee past. That is a monumental undertak- sored some of those—that I believe will with his leadership has been a great ing. I have suggested a number of ways limit the role of the oppressive Chinese privilege for me, as well as it has been in which this could be done. I have regime and United States complicity in with all my colleagues who serve on joined with my colleagues on the com- their actions. the Armed Services Committee. mittee, particularly Senator In particular, this conference report This committee of the Congress is LIEBERMAN, to define a process by includes a provision requiring the De- the least partisan of all the congres- which we can make those decisions, partments of Defense and Justice, FBI, sional committees. We put the national utilizing both inside and outside ex- and the CIA to compile a list of known defense and national security above perts. PLA commercial fronts operating in partisanship. We work together in a We have attempted, through this the United States. This provision also team fashion. While we don’t always process, to ask the necessary questions authorizes the President to monitor, to agree across the aisle on every issue, and to make the necessary decisions restrict, and to seize, if necessary, the we do find consensus. Our purpose is to about how we move forward. In that re- assets of, and ban the operation of, protect and support our men and gard, in the future some very difficult such PLA companies within these women in uniform, and protect the but necessary decisions and tough United States. citizens of the United States by giving choices are going to have to be made Furthermore, the Senate adopted and them the very best defense that we can about how we spend our limited defense included in the conference report a pro- purchase for their investment of tax resources. vision authorizing funding for addi- dollars. While we all acknowledge and hope- tional customs agents to enforce the This particular bill is to be com- fully will provide some additional existing ban on slave labor products, mended in many ways. It addresses funds to address the readiness concerns an ongoing problem. These products some of the quality of life and readi- addressed by the Joint Chiefs, we are a are produced in slave-labor conditions ness and modernization issues that we long way from successfully allocating in China and are sold to American con- have been struggling with. As chair- the resources we have available to us sumers, unbeknownst to the consumer. man of the Airland Committee, I have in the very best way that will give us These sections call upon the President had the privilege of overseeing a very the national security apparatus we to strengthen international agree- considerable amount of spending that need to address future threats. Tough ments to improve monitoring of slave- goes into modernizing our forces. We decisions have to be made because we labor imports. haven’t been able to do everything that have the tendency to continue to fund There is yet a further provision that has been asked, but we certainly have systems that we already have in the I am heartened the conference has in- taken important steps in trying to force. Decisions are often made, both in cluded regarding Radio Free Asia. This make sure that our defense forces are the Pentagon and in the Congress, provision would fund 24-hour-a-day capable of meeting the threat and are about maintaining what I call ‘‘legacy’’ Radio Free Asia broadcasts throughout unparalleled in terms of their superi- systems—systems that have had a long China in each of the major dialects. ority. shelf life, that are very near and dear This provision will allow the Voice of As a member of the Personnel Sub- to our heart, produced in our district, Freedom to penetrate through the op- committee, as former chairman of that or systems we have related to over the October 1, 1998 CONGRESSIONAL RECORD — SENATE S11227 years. There is a great tendency to per- and to investigate smaller, faster, more This provision includes a sense of petuate these legacy systems and not lethal, and more deployable forces. But Congress on the designation of a com- give sufficient resources and weight to the Army’s modernization strategy to batant commander with the mission the new systems that are necessary to pursue this transformation is lacking for developing, preparing, conducting, address the new threats of the future. in areas of aviation, armored vehicles, and assessing a process of joint My challenge to the Congress, and and trucks, and we have provisions ad- warfighting experimentation. Sec- my challenge to the Department of De- dressing these issues. retary Cohen has signed a charter as- fense, is to step up and make the un- And I must say that we have made signing this mission to USACOM in popular choices, make the very dif- progress in addressing reserve compo- Norfolk. And the provision lays out a ficult choices to divest legacy systems nent modernization thanks to the fine set of reporting requirements from this and structures which are no longer re- work of Senator GLENN, the ranking CINC to keep Congress informed of the quired, or whose value will depreciate member of the Airland Subcommittee, status of transformation. quickly in the future, so that we can to structure a coherent process for the The process of joint experimentation free up the resources that we must to consideration of Guard procurement. is designed to investigate the co-evo- address the question of providing the First, the budget request included lution of advances in technology, with right national security apparatus that nearly $1.4 billion in procurement for changes in the organizational structure embraces the potential for a revolution the guard and reserves—about a 50 per- of our forces, and the development of in military affairs and addresses the cent increase over last year. And this new operational concepts. Accordingly, threats of the future. bill provides another several hundred the purpose of joint experimentation is Mr. President, I congratulate the million. Clearly, the Senate’s biparti- to find those technologies, organiza- chairman, Senator THURMOND, and the san efforts are having a positive affect tions, and concepts which provide true ranking member, Senator LEVIN, for on total force integration. leap-aheads in joint warfighting capa- their leadership of a truly bipartison This bill also supports TACAIR mod- bilities. effort which achieves an effective bal- ernization programs of the services and And just as important, it is the pur- ance across the quality of life of our we have taken additional prudent steps pose of joint experimentation to iden- servicemembers and their families, the to ensure these programs stay on tify those technologies and concepts readiness of the force, and the mod- track. which are failures. Some will consider ernization of our systems as we enter Last year, I spoke at length about the cost of these failures as wasteful. the 21st century. my concerns with F–22 cost overruns But quite the contrary. The true fail- This accomplishment is of particular and demonstrated performance. And I ure would be continuing to invest in note because this defense bill adheres must acknowledge that I have these systems before we really know what to the budget agreement of approxi- concerns as a supporter of F–22 devel- will or will not work on the battlefields mately $270 billion, a 1.1 percent de- opment. But based on the testimony of of the 21st century. And given the level cline in real terms over last year’s de- the Air Force and the assessment of of defense budgets, we cannot afford to fense budget, and it is approximately 35 the General Accounting Office, there invest in systems which fail to contrib- percent below the cold war heights. are many who share a deep concern ute markedly to our future warfighting This defense authorization includes over whether we can maintain support capabilities. numerous provisions that will enhance for the F–22, whose costs are approach- Previously in our history we have military quality of life. It includes a 3.6 ing $200 million per aircraft, if the pro- found ourselves unprepared for threats percent pay raise for military person- gram does not adequately demonstrate we faced at the outset of war. Our Na- nel. It also provides an increase of $660 performance and cost control. tion rallied to eventually overcome million in military construction This bill takes a very important fur- these threats, but at a cost—not only projects, over $250 million of which will ther step to put key oversight provi- in fiscal terms, but in lives. fund barracks, dining facilities, and sions in place that fence the contract In the very near future, technology military housing. And this bill directs award for advance procurement of lot will enable a different range of threats three health care demonstrations for II F–22 until: we must be prepared for. The process of our military retirees who are Medicare 10 percent of testing is complete (the joint experimentation supported in this eligible. minimum specified by the Defense bill will be central to ensuring our This bill also adds over $800 million Science Board); or, the Secretary of Armed Forces are prepared to success- to the key readiness accounts of our Defense certifies that a lesser amount fully meet the national security chal- active and reserve forces. We are all of flight testing is sufficient, and pro- lenges of the 21st century. aware of the stress that current oper- vides his rationale and analysis for This bill makes great strides in im- ations such as those in Bosnia or the that certification; however, the funds proving the quality of life, readiness, Persian Gulf have on military readi- are fenced until the F–22 flies at least and modernization of the force; and in ness. The funds we have added will sup- 4 percent of flight tests—the amount laying the framework for the trans- port infrastructure maintenance, train- now planned prior to contract award— formation of defense capabilities for ing, and the availability of parts and have been completed. the 21st century. supplies to sustain readiness levels. This provision holds the Department Yet there is much more work that Despite the gains we have made in to its own plan at a minimum and needs to be done. The Joint Chiefs tes- areas of quality of life and readiness, places the emphasis squarely on the tified on Tuesday that defense budgets we are still well short of the $60 billion demonstrated performance of the F–22 are not adequate to sustain current procurement goal stated by Secretary program. No performance, no money. readiness and to keep our defense of Defense Cohen and his predecessor This bill also contains a provision on forces on firm footing for the future. Secretary Perry which was to have a new joint experimentation initiative But defense budgets will likely not been achieved in fiscal year 1998. that is fundamental to defense trans- increase to the levels requested and Here we are again proposing a pro- formation. this will leave the Pentagon, the ad- curement level for fiscal year 1999 that The Congress has been keenly aware ministration, and the Congress with is below $50 billion. Correspondingly, of the need to transform our military some tough decisions which must be service modernization accounts remain capabilities to address the potentially made. And we need to know what these on the margin—well short of the level very different operational challenges of decisions are and when they need to be required to recapitalize our joint capa- the future. The National Defense Panel made. I proposed that another quadren- bilities for the 21st century. Report argues that these challenges— nial defense review and national de- And now I would like to comment on which include among other things, fense panel be established in the year several modernization issues from my asymmetric challenges in power pro- 2000 to conduct another comprehensive perspective as chairman of the Airland jection, information operations, and assessment of defense strategy, policy, Subcommittee. weapons of mass destruction—may and programs. I trust that the defense The Army is moving to consolidate place this Nation’s security at far committees will work to include those the gains from the Force XXI process greater risk than we face today. provisions in next year’s bill. S11228 CONGRESSIONAL RECORD — SENATE October 1, 1998 I would like to thank and acknowl- plan to evaluate the best method to sive bill which provides effectively for edge the distinguished service of the provide health care to retired military our national security, and which con- chairman of the Senate Armed Serv- personnel and their families. The De- tains no provisions that would draw a ices Committee, Senator THURMOND partment of Defense will establish two veto. and the distinguished ranking member demonstration plans, which will be I also join in commending the distin- of the Airland Subcommittee, Senator evaluated before any future implemen- guished leadership of the chairman of GLENN for their tremendous steward- tation. The first plan will allow se- the Senate Armed Services Committee, ship of defense issues in this Defense lected retirees to enroll in the Federal Senator THURMOND. He has worked ef- authorization bill. Employees Health Benefit Plan. The fectively with all of us to see that our We often ask ourselves: ‘‘Where have second plan will implement a rede- national security and the needs of our the heroes gone?’’. Well I know where signed pharmacy benefit for Medicare- service men and women are met in this two of them have been, and that is eligible DOD beneficiaries at two sites. legislation. It has been a privilege to working side-by-side with many of us This plan will also provide needed in- work with Senator THURMOND as chair- deliberating defense issues. I commend formation for reducing out-of-pocket man, and I look forward to continuing them for their service and wish them costs for military retirees. our work together on this important the best in all future endeavors. In Protecting the safety of our service issues. It is especially fitting that this closing, this bill has my full support, men and women was also high on our bill is named in his honor. and I strongly encourage all Members priorities in the conference. The daily I urge my colleagues to support the to support it. operations of our military forces have Strong Thurmond National Defense Mr. THURMOND. Mr. President, obvious risks and dangers. All branches Authorization Act for Fiscal Year 1999. again, I wish to thank the Senator for of the Armed Forces have made Mr. GLENN. Mr. President, I rise his good work on the Armed Services progress in improving safety, but more today as we consider the fiscal year Committee. remains to be done. I commend the De- 1999 Defense authorization conference Mr. KENNEDY. Mr. President, I sup- partment of Defense for its accelerated to draw the Senate’s attention to what port the conference report on the Fis- installation of needed additional safety appears to be a brewing controversy cal Year 1999 Defense authorization systems on military aircraft that carry over the state of our military’s readi- bill. The House and Senate conferees passengers. The conference report in- ness. Yesterday, the Committee on have produced a worthwhile defense cludes additional funding for aircraft Armed Services held a hearing with bill that deserves to be approved. safety modifications. Joint Chiefs to discuss some readiness Before the conference, the House ver- Our troops are at risk from high tech issues that recently have been brought sion contained several provisions that attacks as well. The growing frequency to the committee’s attention. I believe the administration had threatened to and sophistication of such attacks on there are very legitimate concerns re- veto. We worked effectively in our de- the Pentagon’s computer networks garding recruiting and retention liberations with the House to resolve demonstrate the need for improved pro- trends, increased Personnel Tempo, as these differences and find satisfactory tection of critical networks. The con- well as pay and benefits comparability, solutions. ference report recognizes the impor- spare parts availability, and growing Gender integration in basic military tance of this effort and supports the depot and real property maintenance training is the first of these important Air Force cyber-security program. issues to be examined. issues. In the Fiscal Year 1998 Defense In the past 8 years, the Navy-Marine I agree that we must pay very close Authorization Act, Congress estab- Corps team has responded to over 90 attention to these issues because we lished a bipartisan panel to review gen- contingencies—almost one per month. are asking our men and women in uni- der integration in basic military train- As the ranking Democrat on the form to do more today than we ever ing. That commission has started its Seapower Subcommittee of the Armed have during peacetime. We are asking work and will report to us next year. Services Committee, I am pleased that them to do more, not so much with The conference compromise on this the conference report provides the sup- ‘‘less,’’ but with fewer and fewer people issue will enable the commission to port necessary for our naval forces as and that is placing a strain on our finish its work, while requiring each of they modernize to meet the challenges military. I believe we must proceed the services to provide separate, safe of tomorrow. very, very carefully before any further and secure housing for male and female The report includes the necessary ad- reductions are considered. recruits with the sleeping areas sepa- vance procurement funding for fiscal I am concerned that our problem rated by permanent barriers and lim- year 1999 for the Navy’s next aircraft may be more basic than these issues I ited access. carrier, CVN–77. The Navy’s procure- have just mentioned. I have come to The second of these issues is produc- ment schedule for this carrier, revised this Senate floor many times over the tion of tritium for the nation’s strate- from its budget submission of last years and have spoken repeatedly in gic arsenal. The Secretary of Energy year, will be under the cost cap man- the Armed Services Committee to has already initiated a comprehensive dated in last year’s Defense Authoriza- voice my concerns over the drawdown analysis to determine the best way to tion Act. Also, much of the new tech- in our end strength. In my view, I don’t produce this material. That study will nology being developed for the next believe we should have gone below 1.6 be concluded by December 31, 1998. The generation aircraft carrier, the CVX, million in our active duty end conference report includes a provision will be included in CVN–77. strength. to withhold funds for the implementa- The budget request for the 30 Navy F/ I am concerned that with fewer than tion of the Secretary of Energy’s rec- A–18E/F Super Hornet fighters is in- 1.6 million in end strength our military ommendation until full and complete cluded in the report. The Super Hornet strategy becomes a bit of a myth, Mr. congressional review next year. combines the outstanding characteris- President. I don’t think we can fight The conference report provides need- tics of earlier F/A–18 models with cut- two contingencies today with an end ed support for our military forces while ting edge technology in an affordable strength of 1.4 million. I’m not con- maintaining a realistic balance be- aircraft with significantly improved fident we could repeat Desert Storm tween readiness to take care of imme- performance and endurance. and embark on a second contingency if diate needs, and investment in new sys- In addition, the Marine Corps’ MV–22 something broke out in Korea. tems for the future. The report also in- Osprey tilt-rotor aircraft procurement 1.6 million is not a number I pulled cludes a fully funded and well-deserved for next year was increased to eight. from thin air. Rather, it is based on a 3.6 percent pay raise for military per- The Osprey is a vertical take-off and time-proven formula that requires a sonnel. landing aircraft designed to replace the force that basically is divided in three. We also tried to deal with the impor- Marine Corps’ aging fleet of CH–46 and One third of the force is forward de- tant and complex issue of military re- CH–53 helicopters. ployed and fighting, one third of the tiree health care. The report includes a The constructive compromises we force is training for deployment or in provision for the Department of De- reached during the conference on criti- transit and one third of the force is fense to initiate a comprehensive test cal issues have produced a comprehen- maintaining the other two-thirds— October 1, 1998 CONGRESSIONAL RECORD — SENATE S11229 manning the Pentagon, plowing the $2 billion in items that the Services the new Total Force. As that old Olds- runways, etc. didn’t request in the procurement and mobile commercial said, ‘‘this is not In the Persian Gulf, we had about research and development accounts. We your father’s’’ military. Guard and Re- 575,000 Americans deployed. That’s one added over $600 million in military con- serve personnel are absolutely vital to major regional contingency or one struction add-ons. It is only in the past meeting America’s leadership commit- major theater war (MTW) as we are few years that the Congress has agreed ments around the world, to protecting now calling them. To repeat Operation that when adding military construc- communities here at home, and to de- Desert Storm, we need an end strength tion projects, those projects should at fending national security. Among other of at least 1.6 million. Today, we ap- least be projects that the Defense De- things, this bill authorizes the pay- pear to be falling below the manning partment wants. Even meeting that ment of selective reenlistment bo- levels necessary to conduct our peace- criteria, I am not sure that annually nuses, increased funding for Guard and time operations let alone credibly adding hundreds of millions of dollars Reserve training, the restoration of up maintain a combat force capable of for military construction projects just to 800 military technicians (dual-sta- carrying out two nearly simultaneous to ‘‘bring home the bacon’’ is nec- tus), and funds for the Guard’s Youth major operations. essarily the best approach to establish- ChalleNGe program and STARBASE Mr. President, let me add at this ing and funding national security pri- program. point that I believe those commit- orities. The conference report continues ments are important. We have alliance I am supporting this conference re- Congress’s effort to address the strains deployments in Japan, Korea, and Eu- port because on balance I believe it is on our ability to provide high quality rope. We are conducting peacekeeping a good conference report but I do be- health care to our military retirees. operations on the Kuwait border and in lieve that the Congress needs to focus Both houses of Congress are agreed the Western Sahara. Our so-called ‘‘Op- more carefully on true spending prior- that more work needs to be done in erations Other Than War’’ also require ities particularly as we are learning this area and the demonstration American service members to be de- that there may be some readiness fund- projects included in this year’s bill are ployed to the Sinai, to Bosnia, to the ing problems. part of that process. Persian Gulf in Kuwait and Saudi Ara- HELPING OUR MILITARY AND SUPPORTING OUR In looking at some of the provisions bia and on the border between Peru and DIPLOMACY in this bill that address foreign rela- Ecuador. We’ve had deployments to Mr. BIDEN. Mr. President, I support tions issues, I am less sanguine. As I Rwanda, Angola, Somalia, Haiti and the Strom Thurmond National Defense said when the Senate dealt with this Cambodia to name a few other oper- Authorization Act for Fiscal Year 1999. bill, I do not support the Sense of Con- ations that have all contributed to the Naming this bill after my good friend gress provision that endorses NATO services’ high OPTEMPO and STROM THURMOND is a fitting tribute to missions with ground forces that would PERSTEMPO. I support these oper- one of the Senate’s greatest defenders not include any American troops. This ations. of America’s military interests. I urge is a dangerous precedent that encour- We literally have saved millions of everyone to take a minute to read Sec- ages the erosion of American leader- lives through our presence in troubled tion 1, which highlights Senator THUR- ship in NATO. areas of the world and I believe that MOND’s distinguished record of service This bill also addressed satellite that is an appropriate use of our mili- and leadership. transfers. While we do not want to tary forces. The cold war may be over As always, finding the right com- handicap America’s satellite manufac- but the killing has not stopped. The promises to protect our national secu- turers and telecommunications firms, United States has no territorial ambi- rity while still living within our budget the most important consideration must tions but we do need to remain en- caps has been hard. Recent events in always be to safeguard national secu- gaged. The constant demands on our Iraq and Kosovo, and the attack on our rity. The changes made in the licensing personnel around the world, however, embassies in Tanzania and Kenya are system appear to make sense, despite are not without consequence. We are stark reminders of why our diplomatic their being adopted on the basis of a asking the men and women in our mili- efforts must be supported by a robust very incomplete analysis of a complex tary services to be deployed for longer military. issue. Transferring licensing authority periods and more often than we have in I compliment the Committee on back to the State Department—the the past. They have served well Armed Services, under the leadership same agency that licensed the con- through a difficult and turbulent pe- of Chairman THURMOND and Senator troversial Loral satellite launch in riod. LEVIN, for its dedicated effort to ad- February 1996—may help, so long as the I understand, and I hope my col- dress some of our nation’s critical na- State Department is given the re- leagues understand, the rationale for tional security needs. While I do not sources to do the job right. This con- continued reductions in our end agree with everything in the con- ference report permits the Department strength. End strength cuts are being ference report, on balance I believe this of State to keep all the fees it collects made in order to generate cash to pay bill does a great deal of good. for registration by the Office of De- for modernization programs. I agree On the personnel front, I know that fense Trade Controls—the office which that our service members deserve the all of us are pleased with the 3.6 per- administers licenses for military ex- best and most modern equipment avail- cent pay raise. We know that our patri- ports—a sensible approach that is also able but I do not agree that reductions otic men and women in uniform do not contained in the Department of State should be made simply to generate serve in order to make money, but that authorization bill. Now the Commerce, cash. Even if modernization programs doesn’t change the needs of their fami- Justice, State appropriations con- can reduce manpower requirements in lies and themselves for adequate rec- ference must adopt a similar provision; the long term, in the near term, we ompense. This is a solid step in the otherwise we will be giving the State still need people to carry out our im- right direction. Department an unfunded mandate that portant worldwide commitments. The Along the same lines, I thank the it will be unable to fulfill. We run the time has come to step back and con- conferees for joining me in supporting risk of exacerbating the problem of sider how we are going to achieve our an increase in hazardous duty incen- perpetually under funding of our for- goals. We may need more funding for tive pay for mid- and senior level en- eign policy tools. modernization. In my view, we also listed aircrew personnel. This nec- One provision addressing foreign pol- need funding for more people. essary increase reflects our commit- icy that I was very pleased to see re- We also need to impose more dis- ment to the experienced aircrew per- tained is the amendment that I au- cipline before simply raising the sonnel without whom our planes could thored calling for a report on the topline. We should have given the De- not fly vital missions in Bosnia and peaceful employment of former Soviet partment base closure authority so we Iraq. experts on weapons of mass destruc- could get unneeded bases off the books. I was also pleased to see that this bill tion. The slightly revised provision is And we should impose more discipline recognized the increasingly vital role now found at section 1309. Section 1309 on ourselves. This year we added about of our Guard and Reserve personnel in requires detailed reporting on the S11230 CONGRESSIONAL RECORD — SENATE October 1, 1998 former Soviet experts who are at risk want to delay such required repair un- on fleet safety. The bill also urges the of recruitment by a rogue state or ter- reasonably. Pentagon to seek the advice of the Na- rorist group. I am confident that this I wish to ask the Chairman if he tional Transportation Safety Board in language will not require the Depart- shares this view of Section 1512. improving investigation procedures, ment of Defense to produce an impos- Mr. THURMOND. Mr. President, I and I intend to make sure their valu- sibly detailed analysis. I am pleased to agree with the view expressed by my able input is part of their review. note that the revised provision will colleague, the Ranking Minority Mem- Secrecy has long been the hallmark permit the Secretary of Defense to in- ber of the Armed Services Committee. of these investigations and has kept form Congress of ways to increase the He has stated correctly the views of loved ones in the dark about what hap- number of former Soviet arms experts the Senate and the House in agreeing pened and why. We have worked to re- whom we assist in their transitions to Section 1512 during the conference duce the secrecy involved in the inves- into new occupations. That is a vital on the defense bill. tigations of tragedies, and this legisla- national security objective, and it will With regard to concerns that the re- tion takes a solid step forward in pro- become even more vital in the coming quirement for a 15-day advance certifi- viding families and the public with bet- years as Russia’s nuclear establish- cation concerning the export of items ter information. ment is substantially downsized and listed in the MTCR Annex to the PRC That’s why this language also re- more of their nuclear weapons experts would delay the ability to provide quires the Department of Defense to are left to find new ways to earn a liv- spare parts for in-service civilian com- issue regulations to provide to family ing. mercial aircraft in an emergency while members periodic reports on the In conclusion, Mr. President, the in the PRC, it is not the intent to delay progress of investigations. I also spoke Strom Thurmond National Defense Au- the export of items for emergency re- with Secretary Cohen about this re- thorization Act is a comprehensive bill pair of in-service civilian commercial cently, and he has pledged to make a that addresses many of our military aircraft while in the PRC. solid effort to make sure families are needs. As I have said, there are some This view, however, should not be kept informed of the progress of inves- provisions that concern me. But, over- mistaken as a green light to stockpile tigations. all, I believe this bill provides some of technology and spare parts which are It’s important that we eliminate se- the bricks that make up the foundation on the MTCR Annex above what is nec- crecy from these proceedings. The last of our national security policy. It essary to provide emergency service for thing we should do is add to these ter- takes important steps to improve the in-service commercial aircraft. rible tragedies by keeping the families quality of life for our most critical na- Mr. LEVIN. I thank the distinguished in the dark about the status of these investigations. From day to day, from tional security asset—our military per- Chairman of the Armed Services Com- week to week, from month to month, sonnel. My overall concern continues mittee for helping to clarify the intent these families had to cope with not to be that it should not take terrorist of this provision. only the incredible pain of losing a attacks to realize that spending more C–130 TRAGEDY loved one, but with the incredible frus- on our first line of defense—our foreign Mr. WYDEN. Mr. President, in No- tration of not knowing the status of policy—is an equally vital part of our vember 1996, there was a tragic acci- the investigation into their deaths. national security policy. dent off the coast of California that This new language seeks to put an end SEC 1512 claimed the lives of 10 out of 11 airmen, . to this type of treatment. We owe it to the crew of an Air Force Reserve C–130 Mr. LEVIN. Mr. President, I wish to the men and women who give their enter into a colloquy with the distin- aircraft out of Portland. All of these lives for their country. guished senior Senator from South crewmen were from my home state of Oregon. TRITIUM PROVISION Carolina, the Chairman of the Armed Mr. LOTT. Mr. President, yesterday This was a devastating loss for all of Services Committee, after whom this the Chairman of the Armed Services defense authorization bill is named. us, but most of all for the families of Committee, Senator THURMOND, along Section 1512 of this bill requires the those airmen who lost their lives. After with Senators WARNER, SMITH, and KYL President to certify to Congress 15 days any tragedy like this, the first ques- entered into a colloquy on the tritium prior to any export to the People’s Re- tion on everyone’s minds is ‘‘why?’’ provision in the pending National De- public of China of missile equipment or Why were my loved ones taken from fense Authorization Act Conference technology, as defined in the Annex to me? This is what the families of these Committee Report. the Missile Technology Control Re- airmen wanted to know, but no one While I was not available to partici- gime, that such export is not detrimen- would give them a straight answer. pate in that colloquy, I would like to tal to the U.S. space launch industry, After many, many months of frustra- make a few comments on this subject. and that such export will not measur- tion, these families came to me and my First and foremost, the restoration of ably improve China’s missile or space colleague from Oregon, Senator SMITH, tritium production is absolutely criti- launch capabilities. to get the Air Force to tell us exactly cal. Without tritium, our entire nu- The intent of this section is not to what happened. clear deterrent would be left inoper- prevent the export of commercial com- As a result of working with these able. Our nuclear warheads cannot munications satellites to the PRC, con- families, with the Air Force, and with function without replacement tritium. sistent with U.S. law and national se- the committee staff, and with Senator And time is wasting. curity and foreign policy interests, nor LEVIN in particular, we were able to For those who do not know, tritium to harm our domestic satellite indus- craft some language that is now in- is a radioactive gas that is an essential try. The purpose of this section is to cluded in the Defense Authorization component of modern nuclear weapons. ensure that exports of such satellites Conference Report that we are consid- It decays at a rate of five-and-a-half and related technology to China will ering today. This language takes a two percent per year, so it has to be contin- not harm U.S. security. As long as suf- pronged approach to dealing with the ually replaced. We have not produced ficient export controls are in force and pressing issues the families have tritium in this country since 1988, when are being enforced, such exports are raised: improving crash investigations, the reactors at the Savannah River consistent with our national security. and eliminating the secrecy in which Site in South Carolina were shut down. Furthermore, this certification re- these investigations are shrouded. Since that time the Department of En- quirement for exports to China is not Specifically, the language directs the ergy has examined countless options intended to prevent the export of com- Defense Department to review the way and technologies, but has not yet se- mercial technology for emergency re- it conducts aviation accident inves- lected a new source. We cannot afford pair of civilian equipment, such as tigations so that they are conducted in to delay this program. The potential navigation systems required for safe as thorough and objective a manner as costs of delay are too great. flight of passenger aircraft. If a U.S.- possible, including making sure crash The Chairman of the Armed Services made aircraft requires emergency re- investigators receive the best training, Committee, Senator THURMOND, had a pair or replacement of its navigation and ensuring that the military depart- difficult Defense Authorization con- system while in China, we would not ment coordinate and share information ference with the House this year. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11231

Chairman THURMOND and the other Achieving this year’s defense bill has I applaud this bill for its many spe- members of the Committee negotiated been no easy task. Every defense budg- cific provisions that serve the simulta- over 570 legislative provisions and more et represents the outcome of an annual neous interests of my New Mexico con- than 1,000 funding differences with the debate concerning competing national stituents and the nation’s security. House. The final result was a strong bi- security priorities. Everyone is famil- The bill contains $4.3 billion for partisan bill. In fact, for the first time iar with the litany of our defense weapons activities at the Department in many years, all the members of the needs: procurement and modernization, of Energy National Labs, approxi- conference, both Democrats and Repub- quality of life for defense personnel, mately half of which will support work licans, signed the final conference re- operations and maintenance, research being done at Los Alamos and Sandia. port. and development, training, medical That work will support the stockpile Tritium was one of the most difficult care, and so forth. This year is no dif- stewardship program that will enable issues that had to be addressed. The ferent. us to ensure the safety and reliability House and Senate bills had wildly dif- Much has been said about the lack of of our nuclear weapons stockpile with- fering provisions on this topic. In addi- funding for procurement and mod- out building new ones and without tion, there was a Presidential veto ernization of military equipment. Cer- testing old ones. threat on one of the House tritium pro- tainly, by historical standards we are I am hopeful that continued funding visions. Chairman THURMOND, as al- far below cold war levels. But our de- for the stockpile stewardship program ways, put all other interests aside and fense needs have changed and will con- will enable us to move forward in the delivered a compromise that put the tinue to do so. We need to look care- Senate with ratification of the Com- national security interests of the U.S. fully at the capabilities and quantities prehensive Test Ban Treaty next year. The bill also includes essential fund- ahead of all other interests. I am con- of weapons that we will need in the fu- ing for the Cooperative Threat Reduc- fident that his provision will keep the ture—particularly in areas where tech- tion and the Initiatives for Prolifera- tritium program moving forward. nology could provide lower cost alter- However, there remain some dis- natives of getting the job done. tion Prevention programs intended to agreements as to the best method to Nevertheless, in this year’s con- prevent the proliferation of nuclear produce tritium. It’s not my place to ference report the Congress is taking a weapons and materials through cooper- comment on that today. I will say that step towards meeting those procure- ative efforts with Russian nuclear lab- oratories and scientists. Our labora- under this conference agreement, En- ment needs. Funding for procurement tories in New Mexico are working ergy Secretary Richardson will be re- is up from $49.1 billion requested by the closely with their Russian colleagues quired to select his preferred tech- President to $49.9 billion authorized by to benefit the security of both nations nology in December of this year. I ex- the conference. The conference also took steps to in- against the threat of weapons of mass pect him to meet that requirement. crease funding for quality of life prior- I might also say to Secretary Rich- destruction in the hands of terrorists ities. Funding for military construc- ardson that the conference report re- or rogue governments. tion and family housing was increased The bill also provides essential fund- quires him to submit along with the from $7.8 billion to about $8.5 billion. ing to remedy the disrepair of the na- President’s fiscal year 2000 budget re- But those increases come at a cost. tion’s finest weapons testing facility, quest, a plan to implement whichever In balancing priorities while remaining White Sands Missile Range, in south- technology he selects in December. I within the budget agreement cap, this ern New Mexico. Without those funds, expect him to identify the funding re- budget pays the bill by reducing fund- we won’t be able to assure the tech- quirements, schedule, and legislation ing in other categories. Funding for re- nologies and military capabilities to necessary to restore tritium produc- search and development, operations have the effective fighting forces we tion in time to meet Defense Depart- and maintenance, and Department of will need for the nation’s future de- ment requirements. In order to be cred- Energy defense activities, for example, fense. ible, his implementation plan must in- were funded at lower levels than re- The bill also includes key quality of clude adequate funding in fiscal year quested by the Administration. life improvements for our military per- 2000 and beyond. Are those tradeoffs the correct ones sonnel at Cannon, Kirtland, and This matter is too important to the from the point of view of our national Holloman Air Force bases. Units from national security of the United States security? Or are they the outcome of those bases have served honorably and to be undermined by deficient budget partisan negotiations to meet paro- effectively in Bosnia and the Persian requests or lack of attention on the chial needs? Gulf. The personnel and their families part of DOE. I remain concerned that the team- assigned to those bases appreciate the Furthermore, I put my colleagues on work that’s needed between the De- support they are given in this year’s notice that I intend to be fully engaged partment of Defense, the Administra- defense bill. in the debate when this matter comes tion, and the Congress to produce a de- Mr. President, I support this con- before the Senate next year. Let me as- fense budget that meets our real mili- ference report and urge my collegues to sure all interested parties that I intend tary priorities is flawed. While the vote in favor. to ensure that only one interest will Congress took steps to increase pro- Mr. MURKOWSKI. Mr. President, let dictate the outcome of that debate— curement funding, many of those pur- me commend the senior Senator from the national security interests of the chases do not reflect the priorities South Carolina, Senator THURMOND, United States. The safety and security stated by the military services them- and Senator LEVIN for having com- of the American people require all of us selves. The cost of those purchases pleted work on this important con- to ensure that there are no further un- were bought by cuts to readiness ac- ference report on the Strom Thurmond necessary delays—for any reason. counts that must now be repaired National Defense Authorization Act for Mr. BINGAMAN. Mr. President, I’d through an emergency supplemental Fiscal Year 1999. I particularly want to like to join my colleagues in saluting agreed to by the President. express my appreciation to Senator the chairman of the Armed Services Similarly, we risk mortgaging our THURMOND and Senator WARNER and Committee, the distinguished Senator long term security future by cutting their staff for working with me and my STROM THURMOND, whose leadership, funding for research and development, staff to address the provision that the together with the ranking member, particularly for basic research. I am House of Representatives had at- Senator LEVIN, has produced the fiscal pleased, however, that this bill in- tempted to include (section 1216) which year 1999 Defense authorization bill cludes a provision that sets succes- would have negatively impacted the which is named in the chairman’s sively higher goals for research and de- export capabilities of U.S. vendors of honor. Thank you, Mr. Chairman, for velopment funding during the next dec- civilian nuclear power equipment. I am your untiring efforts, both for putting ade. I am hopeful that implementation pleased to say that the Senate con- together this bill and for your long and of that provision can enable us to avoid ferees were able to replace the House distinguished service to our nation. We having research and development re- language regarding nuclear exports are a grateful Senate and a grateful na- main the billpayer for future defense with an acceptable notification re- tion. spending increases. quirement in Section 1523. S11232 CONGRESSIONAL RECORD — SENATE October 1, 1998 Mr. President, as some of my col- ministration’s determination. How- grams even though our military lead- leagues are aware, the House of Rep- ever, no attempt was made to pass a ers are incessant in their pleas to end resentatives had added language that resolution of disapproval of those cer- the harmful practice of forcing the would have changed the reporting re- tifications, and consequently, the 1985 Pentagon to buy more planes than it quirements for nuclear exports and Agreement went into effect on March needs. added a congressional disapproval proc- 19, 1998. Any changes made after the Mr. President, since 1978, the Con- ess. The change in the export law con- fact would be seen as aimed at imped- gress has added a whopping 263 C–130s templated by the House of Representa- ing or delaying such cooperation and, for which our Department of Defense tives was unwise and unnecessary. as such, could seriously undercut the has not asked. That’s right—the tax- A change in the reporting require- non-proliferation assurances China pro- payers have paid for 263 C–130s the Pen- ments was unnecessary because the vided as a condition of implementing tagon didn’t need. If you lined them up Nuclear Regulatory Commission close- the nuclear cooperation agreement. wing to wing, that would be six and a ly regulates the export activities of Moreover, as a matter of principle, half miles of unwanted airplanes, with U.S. nuclear vendors. The nuclear ex- moving the goalposts regarding certifi- the taxpayers on the hook for $22.4 bil- port licensing process by law requires cation after the fact is unfair. lion. This assault on military planning not only public notice of export license Mr. President, again, I want to thank hamstrings readiness, equipment, and applications as soon as they are re- the managers for their assistance on compensation for our soldiers. As we ceived by the N.R.C., but also the op- this important matter. all know, these are the precise areas portunity for public intervention with Mr. FEINGOLD. Mr. President, I which the Joint Chiefs of Staff testi- the N.R.C. prior to issuance of a li- come to the floor today to register my fied this week were at greatest risk. cense. Moreover, the N.R.C. is not al- opposition to the fiscal year 1999 De- Politicians who want to bring home lowed to issue an export license for any partment of Defense Authorization the bacon at taxpayers’ expense should nuclear equipment and technology un- conference report. Sadly, we continue not be second-guessing the judgment of less the government of the recipient to spend precious military resources on our military leaders in this way. nation has negotiated, signed and im- unneeded, unwanted, pork-barrel plemented a bilateral agreement for projects, all at the expense of our mili- This conference report follows in the nuclear cooperation with the United tary’s legitimate needs. dubious footsteps of its ancestors by States. Such agreements provide the Mr. President, our military needs to authorizing 7 C–130s, while the Penta- United States with a broad array of in- be lean and mean, not weighed down gon asked for only one. Not only does spection rights and control over the with unnecessary, unwanted, expensive it take from other procurement money, fuel cycle. I am unaware of any allega- pork. We don’t need to spend more but DoD must divert operations and tions that, under this regime, the money, we need to spend money more maintenance money to look after all United States has exported any nuclear wisely. Our military leaders have these unneeded planes. This is the material or technology which has been begun to recognize this and some of my height of irresponsibility and short- diverted for military or proliferation colleagues in Congress have recognized sightedness. purposes. Since our export control sys- it. I hope we can work together toward Finally, Mr. President, I would like tem appears to be working, it is dif- a more wisely funded military. to congratulate my distinguished col- ficult to see why it should be altered or I am not alone in my call for more ef- league from Iowa, Senator GRASSLEY. supplemented. ficient and accountable military spend- He held a hearing on Tuesday to dis- A change in the reporting require- ing. Lawrence J. Korb, President Rea- cuss accounting fraud at the Pentagon. ments was unwise because it would gan’s Assistant Secretary of Defense, His continued efforts to rein in obvious negatively impact U.S. exporters of ci- recently issued a rebuke of the state of and debilitating fraud at the Pentagon vilian nuclear power equipment with- the Pentagon’s military spending. He need to be applauded. Perhaps the Sen- out advancing any national security said, ator’s most important finding is goal. Although the author of the provi- The problem is not lack of money or aging summed by his quote, ‘‘If we put ade- sion made clear that his proposal was equipment . . . the Pentagon is buying the quate controls on the money we have, designed to add restrictions to trade in wrong weapons. The military behaves as if it there should be no need for more de- civilian nuclear power equipment and is still in an arms race with the Soviet fense spending.’’ technology with China, it would have Union, buying $2 billion bombers, $3 billion submarines and $5 billion aircraft carriers That, Mr. President, sums up my impacted many other countries, includ- . . . Russia, China, Iran, Iraq, North Korea— point, as well. We don’t need to throw ing Brazil, Argentina, South Africa, throw in Libya or whoever else you want— good money after bad with pork-barrel Kazakhstan, Ukraine and Taiwan who all of them together don’t spend as much on spending in our military budget. What purchase U.S. nuclear goods. I am con- the military as we do. we need to do is spend our money more vinced that, faced with new restric- Mr. President, I couldn’t agree more. wisely. That is how we will move to- tions, all these countries would be ex- There is no Cold War. It’s over. We ward a lean, efficient, and effective tremely reluctant to deal with U.S. need to move toward a 21st century military. This conference report does suppliers. Certainly, European and Ca- military force. This conference report not move toward the new 21st century nadian suppliers would use such new fails to adequately modernize our military force. restrictions as part of their commer- armed forces and move toward that I thank the chair and I yield the cial armory to argue that, for these goal. floor. countries, dealing with U.S. suppliers As my friend from Arizona, Senator Mr. MCCONNELL. Mr. President I is complex, time absorbing, and subject MCCAIN, has so eloquently stated year to political whims, while their proce- after year, it’s unconscionable that we rise today to discuss the Defense Au- dures are simple and straightforward. spend billions of dollars on pork-barrel thorization bill. I support this bill and Some members may want to block projects that the Pentagon doesn’t believe the Conferees have acted appro- trade with China in civilian nuclear need and doesn’t want. priately and supported the vital needs goods and technology. But, my col- Mr. President, we can’t afford to pre- of our national security. However, I leagues should recall that President tend we’re still dealing with the Cold strenuously object to one provision Clinton sent to Congress the certifi- War Soviet threat. Military leaders that I believe is a grave mistake. cations necessary to implement the agree that we need lighter, faster and Section 1075 of H.R. 3616 inserts lan- Reagan Administration’s 1985 Agree- more agile forces. This strategy does guage which would have the effect of ment for U.S.-China Peaceful Nuclear not include wholesale purchase of cum- changing the tax structure of the Com- Cooperation on January 27, 1998. The bersome B–2 bombers, new attack sub- monwealth of Kentucky. Mr. President, Congress considered those certifi- marines, or Cold War-era heavy tanks. this is a terrible and misguided assault cations for 30 legislative days, as pro- One particular program epitomizes on the rights of Kentucky to levy in- vided by law. Existing law provided the the worst of pork-barrel politics. The come tax. I believe this decision sets a opponents of the certifications with C–130 air cargo planes have sapped bil- dangerous precedent and will harm every opportunity to challenge the Ad- lions of dollars from vital military pro- citizens of my state. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11233 Fort Campbell is a unique military created difficult times. The way these private sector. The partnerships among post which straddles the Kentucky- industries rebounded was not to turn our federal laboratories, universities, Tennessee state lines. As a result, back the clock on progress made in and industry provide important bene- many residents of Tennessee go to working conditions and wages. Instead, fits to our nation. work every day across the border in our industrial sector did just the oppo- A substantial amount of benefits are the Commonwealth of Kentucky. Cur- site: they grew more hi-tech and more attainable in New Mexico, given the rently, those who work on the Ken- specialized; they invested in their unique assets in this state. These part- tucky side of Fort Campbell are subject workers, and they invested in new nerships help to create innovative new to Kentucky’s state income tax. Sec- technologies. This is the only route to products and services that drive our tion 1075 takes away Kentucky’s abil- true success and leadership. Louisi- economy and improve our quality of ity to legally enforce its state tax on ana’s shipyards will never be able to life. these employees. As a result, Kentucky compete with countries like China and I am pleased that this year’s con- will lose millions of dollars a year in the Phillippines on the basis of wages— ference ruled favorably on so many of revenue. I am unable to come up with the key is to concentrate on American the requests for increases that I put any justification for the Armed Serv- strengths: technology, craftsmanship forward. Many of these increases will ices committee to impose its will on and quality. leverage unique assets and capabilities the Commonwealth of Kentucky in this That is my goal for Avondale. To in New Mexico to ensure that our na- manner. help them become a world leader, and tional interests are protected. Mr. President, for the Armed Serv- transition away from practices which The bill authorizes $4.5 billion for De- ices committee to take this action as- threaten that objective. The seemingly partment of Energy defense activities, tonishes me. This issue should be de- endless dispute between management much of which is done at Sandia Na- bated and resolved by the impacted and labor at Avondale is a huge impedi- tional Laboratories and Los Alamos states. By imposing this solution, the ment to the process. I am ready to National Laboratory (LANL), in addi- Armed Services committee has effec- work with anyone who in good faith tion to DOE’s Lawrence Livermore fa- tively foreclosed any opportunity for seeks to resolve the problem. In this cility in California. Approximately $2.5 future negotiations. spirit, I have talked to the Navy about billion of this authorization will be My colleague from Kentucky, Sen- Avondale and inquired about the sig- spent in New Mexico. ator FORD, has made lengthy remarks nificance of labor relations in Navy In addition, the Defense Environ- on this issue, and I agree with much of contracts. Let me be clear, I did not mental Restoration and Waste Manage- what he said. However, I do take of- make these inquires to block contracts ment programs are authorized at $5.44 fense at the partisan barbs, as they are from being awarded to Avondale. It billion. Of that, approximately $415 unwarranted and unproductive. Per- benefits no one to have workers loose million will be spent in New Mexico for haps the diatribe was cathartic, but their jobs and the state diminish its in- waste management functions, environ- cheap shots get us no closer to the so- dustrial base in order to make a point. mental restoration activities, tech- lution. This is especially true when we should nology development efforts, nuclear That said Mr. President, like my col- have a Fifth Circuit Court of Appeals materials and facilities stabilization league from Kentucky, I will vote for decision on the union election in the functions, and a variety of cost-cutting final passage of this bill. It contains a near future. and program support initiatives. number of items that I encouraged the I voted for the Defense Appropria- Several other important items for de- committee to adopt, and I thank them tions bill, because I believe in a strong fense efforts in New Mexico that are for their consideration. defense. I also voted for the Defense authorized in the bill. Ms. LANDRIEU. Mr. President, on Appropriations bill because I believe in For example, this year’s authoriza- Monday, the Senate adopted the con- a strong Avondale. The government tion for the High Energy Laser System ference report on H.R. 4103, the Depart- provides over eighty percent of Test Facility (HELSTF) at White ment of Defense Appropriations bill. I Avondale’s contracts. The shipyard Sands Missile Range is $23 million, in- wanted to take this opportunity to dis- cannot function without them. I have cluding $8 million for solid state laser cuss a relatively small part of this no intention of jeopardizing Avondale’s research. An additional $10 million is budget which has a huge impact on my future. My sole objective is to facili- authorized for further research in the state. tate my state’s future success in the Theater High Energy Laser (THEL), an Outside of the City of New Orleans, maritime field. Avondale must be part effort jointly funded and supported by we have one of the few remaining ship- of that success. This long-standing Israel. yards in the country that still builds labor dispute should be resolved at the The Exploratory Development of Ad- ocean-going ships for the Navy. earliest possible time to achieve that vanced Weapons technology at Avondale Shipyards is a key employer end. Kirtland’s Air Force Research Labora- in the area. With over 5,000 working Mr. DOMENICI. Mr. President, I rise tory is authorized at $129 million for men and women, it is the largest pri- today to offer strong support for the the coming year. vate employer in the region. Louisiana Strom Thurmond National Defense Au- A total of $40.2 million is also author- has a proud maritime tradition, and thorization Act for Fiscal Year 1999. As ized to support the Advanced Radiation has a particular expertise in ship build- several of my colleagues in the Senate Technology Program at Kirtland’s Air ing. As a shipyard of tremendous ca- have also recognized, we owe a great Force Research Laboratory (AFRL). pacity and infrastructure, and the host deal of gratitude to Senator THURMOND. The lab is using its expertise in laser of the Maritime Excellence Center, As a soldier and as a Senator, he has technologies to develop a new deep Avondale has played an important part fought to defend our country and safe- space imaging system, in addition to a in the development of this industry. guard our national interest. special interactions development pro- However, Avondale has also main- I thank Senator THURMOND his un- gram. tained a record of labor relations which ceasing commitment and untiring serv- $24 million is authorized for Space Judge Evans of the National Labor Re- ice to this country and its institutions. and Missile Rocket Propulsion Pro- lations Board termed ‘‘outrageous and Mr. President, this legislation con- gram. The Air Force Laboratory at pervasive.’’ This is not the image of tains many positive things for the Kirkland is involved in this program. Louisiana’s growing maritime industry state of New Mexico—both in the pro- The Ballistic Missile Technology that I want projected. I believe that grams funded and the changes made to Program is authorized at $16. This Louisiana should be the world leader in enhance research and development ef- funding was not included in the Presi- shipbuilding, but I also believe that we forts. dent’s request. Kirkland AFRL and cannot attain that status through sub- The most significant contribution White Sands Missile Range are in- standard wages and unsafe working made by this legislation to R&D efforts volved in this program. conditions. Many manufacturing sec- in our state will be realized by elimi- $75 million is authorized for the Ad- tors in our country have been faced nating several barriers to cooperation vanced Spacecraft Technology Pro- with international competition that between national laboratories and the gram, $32 million more than the budget S11234 CONGRESSIONAL RECORD — SENATE October 1, 1998 request. These funds will advance space fice—DoD’s only asset for testing high ing home, they still have too many ad- plane development, the Clementine power stand-off jamming capability in ditional duties to really spend quality microsatellite program at Kirkland electronic warfare scenarios. time at home. AFRL, and the Satellite Orbital Trans- These are some of the major pro- Retention rates continue to plum- fer Vehicle which is worked on at the grams related to U.S. military capa- met, especially in the Air Force. This New Mexico Engineering and Research bilities and research and development is not happening because we are not of- Institute. efforts that reside in the state of New fering generous pay bonuses to re-en- In a related endeavor, a total of $10 Mexico. I thank Chairman THURMOND list. Last year, 800 pilots refused re-en- million is authorized for the Scorpius and the Senate Armed Services Com- listment bonuses of $60,000. The Air Low-Cost Launch program. This pro- mittee for recognizing and supporting Force is planning to increase these bo- gram utilizes assets at New Mexico the many contributions to our national nuses to $110,000, but the Air Force is Tech in Socorro and will be tested at security needs that are based in New also planning for this problem to get White Sands in the coming months. Mexico. worse. The Airborne Laser Program is au- Unfortunately, however, I cannot Why? Although military planners thorized at $235 million. The Special pretend that the measures contained in contend that competition with a boom- Programs Office for this critical Air the legislation will ensure U.S. secu- ing U.S. economy and the private sec- Force effort in theater missile defense rity. I cannot in good conscience pur- tor is the cause for defection, the re- is located at Kirkland, and this pro- port that this legislation—or any legis- ality is more complex and points to the gram relies heavily on basic research lation—can solve the current crisis same problems already discussed. in directed energy and adaptive optics faced by the armed forces. Heavy deployment schedules and no at the AFRL there. The strength of the U.S. military down-time between deployments cause The Air Force Operational Test & cannot simply be measured in numbers stresses on service personnel, espe- Evaluation Center (AFOTEC) at of soldiers or the state-of-the-art weap- cially those with families. Kirkland is authorized at $29.5 million. ons they possess. The fortitude of this A related issue is that the men and This is $5 million more than the Presi- country’s military is not only based on women in our armed forces increas- dent’s budget request and will support advanced weaponry, but rather is also ingly believe that their loyalty is a the Initial Operational Test and Eval- a reflection of the strength of its mo- one-way street. In addition to demand- uation Center’s independent oper- rale. ing more for less from our soldiers, ational tests to evaluate weapon sys- Mr. President, the morale of our their quality of life is also eroding. tems operational effectiveness and military is under siege. When retired The United States, the wealthiest suitability. colonels are heard commenting that in and most powerful country in the The Defense Advanced Research their half a century of hanging around world, currently has military men and Projects Agency’s (DARPA) Flat Panel soldiers they have seldom seen the cut- women who require food stamps to pro- Display Program is authorized at $41. ting edge of our fighting forces so dull, vide for their families. The Defense De- This includes an earmark of $7 million nor morale lower, there is good reason partment says it would be ‘‘too expen- for High Definitions Systems in inte- for concern. Rather than focusing on sive’’ to solve this problem. grated command and control tech- the hardware issues encapsulated in Housing for our military families is nology. the term ‘‘modernization,’’ I would like also inadequate. According to a study The Warfighter Information Network today to emphasize the problems with from the Defense Science Board, 62 per- is authorized at $132.1 million for pro- readiness, morale and quality of life. cent of our barracks and 64 percent of curement of weapons communications Equipment is secondary to the well- our family housing are unsuitable. In equipment, including the Echelon being of the men and women in uni- the face of this, the President’s request Above Corps (EAC) communications form. The best weapons cannot bring for military construction and family program. This authorization level in- about victory without adequate train- housing for 1999 was $1.1 billion less cludes a $35 million increase to con- ing in their use and the firm loyalty of than Congress provided in 1998. tinue modernization of the Army’s tac- the soldier to buttress the military ob- Some in Washington are saying this tical voice and data communication jectives fought for. is a money problem. It is a money system. Laguna Industries at the Pueb- We are now in our fourteenth year of problem, but it is also more than that. lo of Laguna is involved in producing decline in defense spending. What can It is also a leadership problem, and it is these shelters. no longer be ignored is that the in- a question of how competently our de- $21.9 million is authorized for Ground crease in non-traditional deployments fenses are being managed. Penetrating Radar Program & Land- coupled with down-sizing is steadily Our pilots and other specialists are mine Warfare & Barrier Technology, eroding readiness and morale. leaving the services in droves not just including a $2 million increase for a Our reduced force structure is over- to get better paying jobs; they are also ground radar and vehicle mounted extended. Overextension is eroding re- leaving because they are being worn mine detector. tention rates, quality of life, oper- out; and they are not getting the sup- Also, this legislation authorizes mili- ational readiness, and, most impor- port they need from their own leader- tary construction for several projects tantly, morale. Whereas the U.S. mili- ship. They are being worn out by re- critical to the viability of New Mexi- tary had 22 foreign missions during the peated deployments. And they are not co’s military installations. 1980s, they have already been involved always convinced that what they are This bill authorizes $6.8 million for in 36 foreign missions since 1990. being asked to do makes sense. the Nuclear Weapons Integration Facil- At the same time, our forces have Back home their spouses resent the ity and $1.8 million for the Fire Train- been down-sized by 35 to 40%. In addi- military for turning their families into ing Facility, as well as $6.4 million to tion, forward basing has decreased by single-parent households. And the qual- improve family housing at Kirkland. two-thirds—from 39 major installations ity of life offered to these military Holloman is authorized $1.3 million to 13. This translates into more forces families can’t begin to compensate. for improvements to its War Readiness based in the U.S. while deployments Is it any wonder that with a booming Materials Warehouse and $11.1 million are overseas. economy and plenty of good jobs avail- to construct a state-of-the-art physical The result? More frequent and longer able in the private sector that our sol- fitness center. deployments, due to down-sized forces diers are voting with their feet? Is it $3.6 million is authorized for im- and up-sized involvement in foreign any surprise that given inadequate provements to family housing at White missions. The OPS TEMPO required housing for the families back home Sands Missile Range, and a $3.3 million under these constraints lead to gruel- that they rarely see due to deploy- authorization is included to allow New ing days even after returning home ments abroad for missions they don’t Mexico’s National Guard to build the from prolonged overseas missions. understand that our soldiers are frus- Taos Armory. Some soldiers are currently required trated, ill-prepared and low on morale? An additional $8 million is authorized to spend up to 150 days away from their Perhaps most disturbing, I am begin- to support the Big Crow Program Of- families annually. Then, upon return- ning to see too many reports that the October 1, 1998 CONGRESSIONAL RECORD — SENATE S11235 leadership is not addressing the real tional defense budget. If we don’t the Mr. THURMOND. Mr. President, I problems. There seems to be an emerg- hollowing out of our military forces yield that to the able Senator from ing question of the confidence in our will continue. Our national security Texas. military’s senior leadership. There is a will be at risk during a time of inter- Mrs. HUTCHISON. Parliamentary in- growing concern that the top leader- national uncertainty and growing quiry, Mr. President. Is it possible for ship is not willing to make the hard de- threats. Our soldiers deserve better and me to ask unanimous consent to go cisions to restrain our military mis- U.S. citizens are counting on us. into morning business rather than take sions to the available human and mate- Mr. THURMOND. How much time do from Senator THURMOND’s time? I rial resources or to expand those re- I have remaining? wanted to talk about the 40th anniver- sources to meet the increasing demand. The PRESIDING OFFICER. Six min- sary of NASA. That brings us back to the question utes 10 seconds. The PRESIDING OFFICER. There is of money. There is simply not enough Mr. THURMOND. Mr. President, I an order that a vote occur on the de- money in the defense budget as it is want to thank the leadership of the fense authorization bill at noon. The currently projected to do everything Senate for their cooperation and sup- request is in order and will probably be that needs to be done. There is an ef- port in bringing this conference report charged against both sides. fort underway to provide emergency to the floor for approval of the Senate. Mrs. HUTCHISON. If that is accept- supplemental funding for military The bipartisan support of both the ma- able, I ask unanimous consent to have readiness. I support that effort. How- jority and the minority leaders is criti- 5 minutes to speak on the 40th anniver- ever, this will not solve the bigger cal to successful passage of the con- sary of NASA. The PRESIDING OFFICER. Is there problems. ference report of such magnitude. objection? Our military leaders are beginning to The majority leader, Senator LOTT, a Without objection, it is so ordered. agree. In a recent Armed Services Com- former member of our committee, rec- mittee Hearing with the Joint Chiefs, ognizes the importance of this bill and f U.S. military leaders finally conceded has always given his full support and THE 40TH ANNIVERSARY OF NASA that they do, indeed, have a severe assistance in passing a bill of this na- Mrs. HUTCHISON. Mr. President, on problem. The $1 billion in supplemental ture. I thank him for his time and sup- October 1, 1958, the National Aero- funding will help, but according to the port and all he has done in this respect. nautics and Space Administration most recent Joint Chiefs’ testimony, I extend my appreciation to the lead- (NASA) was created. No other Govern- between $10 to $13.5 billion would be ership staff and the floor staff for their ment agency better represents the necessary in the coming year to meet assistance which is essential to passing hopes and experiences of our Nation U.S. defense needs. this large, complex bill. during the course of its existence than One thing is blatantly clear. We must In that connection, Mr. President, I NASA. To recall why that is so, let’s strive to adequately feed, house, and wish to especially commend Les look back to where we were 40 years train our most precious military re- Brownlee, staff director of the Armed ago. source—the men and women in our Services Committee. He has rendered In October 1957, the Soviet Union armed forces. To do this will mean yeoman service to this committee, and launched Sputnik 1, the world’s first more resources for our defense budget I can’t say enough in support of all he artificial satellite. Many have claimed and it will mean better management of has done. George Lauffer, the deputy this had a ‘‘Pearl Harbor’’ effect on the the resources—human and material— staff director, has also been most faith- American people and galvanized public that we already have. ful and has done an outstanding job. opinion in favor of an aggressive U.S. For next year, for the fiscal year 2000 We appreciate that and thank him for space program. Americans believed budget, I believe, we need to start the what he has done in this connection. I that the Soviet Union had gained a sig- new millennium by at least stopping also wish to thank David Lyles on the nificant technological advantage over the ebbing tide and end the 15 year de- other side, and those who worked with the United States—bomb shelters were cline. him, for their fine cooperation and sup- built at an even more rapid rate as we Each year the Armed Services Com- port. They have been most cooperative turned our attention to the space race. mittee is given the difficult task of and have rendered a great service. Then-Senator Lyndon Johnson, from balancing between current and long- Mr. President, we appreciate the my state of Texas, said that the launch term readiness under current budget work of two House Members. We thank of Sputnik was ‘‘* * * a new era of his- constraints. In recent years, they have FLOYD SPENCE, who happens to be from tory dawning over the world.’’ He had the impossible task of ensuring my State, for handling the House bill. warned a Texas audience that, ‘‘The that personnel, quality of life, readi- He is an outstanding gentleman of mere fact that the Soviets can put a ness, and modernization programs are character and ability, and I thank him satellite in the sky * * * does not alter adequately supported, while funding for all he has done in cooperating with the world balance of power. But it does levels remain insufficient to achieve us on the defense legislation. IKE SKEL- mean they are in a position to alter the that objective. TON, a Democrat, who works with Con- balance of power.’’ The Committee recognizes, as do gressman SPENCE, has also been cooper- Shortly thereafter, Senator Johnson most of us concerned about our na- ative and helpful, and I express my ap- introduced legislation to create NASA tional defense, that combat readiness preciation to him, too. and harnessed the energies, talents, of our armed forces is at risk. The risk I yield the floor. and aspirations of a nation embarking is a function of older equipment result- The PRESIDING OFFICER. The on a bold, new enterprise. The act re- ing from inadequate modernization and Chair, in his capacity as a Senator flected a remarkable unanimity by the a force structure too small to meet on- from the State of Washington, suggests American people and a commitment to going demands. Aging equipment and the absence of a quorum and, without science and exploration. weary soldiers cannot possibly defend objection, directs that the time be di- NASA wasted no time in bringing this country adequately. Nor can domi- vided equally between the two sides. America into the space race. Shortly nance result from this equation. The clerk will call the roll. after it was formed, NASA conducted I am gravely concerned about pre- The assistant legislative clerk pro- several exciting programs that paredness, modernization and procure- ceeded to call the roll. launched us ahead of the Soviet Union ment. However, I am most concerned Mr. THURMOND. Mr. President, I in our quest to conquer space. about the human element of our armed ask unanimous consent that the order One of the most important initiatives forces. The best equipment and the for the quorum call be rescinded. involved human space flight— most rigorous training cannot com- The PRESIDING OFFICER. Without Mercury’s single astronaut program, pensate for too lengthy, too frequent objection, it is so ordered. Project Gemini’s operations and deployments and time away from loved Mr. THURMOND. Mr. President, how Project Apollo to explore the Moon. ones. much time do I have left? These names conjure up strong images Mr. President, the solution is clear. The PRESIDING OFFICER. Two and of fearless astronauts doing the impos- We must stop the ebbing tide in our na- one-half minutes. sible. In 1961, Alan B. Shepard became S11236 CONGRESSIONAL RECORD — SENATE October 1, 1998 the first American to fly in space. Of space exploration will be man’s depar- we do have a number of accomplish- course, we remember him because he ture from Earth orbit and journeys to ments to celebrate. died just recently. In 1962, JOHN GLENN, the Moon or Mars. This will require ex- I thank the Chair and yield the floor. who now serves with us in the U.S. tended, even permanent, stays in space Mr. SESSIONS addressed the Chair. Senate, became the first American to and has led NASA to begin construc- The PRESIDING OFFICER. The Sen- orbit the Earth. Project Gemini al- tion of the International Space Sta- ator from Alabama is recognized. lowed two astronauts to travel in tion. f In 1984, Congress authorized NASA to space. On Gemini IV, Edward White be- THE 40TH ANNIVERSARY OF NASA came the first American to conduct a build the space station as a base for space walk. further exploration of space. A project Mr. SESSIONS. Mr. President, I In 1969, just 11 years after the cre- of this magnitude was certain to face a thank the Senator from Texas. We both ation of NASA, and less than a decade multitude of unkonwns—and NASA has share a keen interest in space. I will after President Kennedy committed confronted many of them. As has al- also be speaking on the topic of the America to the project, Apollo 11 land- ways been the case, though, NASA will 40th anniversary of NASA, which is ed on the Moon and Neil Armstrong overcome these obstacles and we will today. and Buzz Aldrin made the dramatic reap the rewards of doing so. Mr. President, next month, from ‘‘leap’’ for mankind. NASA completed For example, NASA has developed a launch pad 39B at Cape Canaveral, the five more lunar missions and learned unique technology, a bioreactor, that Space Shuttle’s main engines will fire much about the origins of the Moon, as allows medical researchers to produce up, the solid rocket motors will ignite, well as how to support humans in outer breakthrough results by creating ‘‘arti- and the crew of seven will be sent off space. Twelve American astronauts ficial’’ human tissues outside the into orbit around our home planet. One walked on the Moon during the six human body. This bioreactor has pro- of those seven will be the distinguished Apollo missions. Nothing symbolizes vided new knowledge in cell science Senator from Ohio. More than 36 years the uniqueness of this great Nation and tissue engineering that will bring after his first flight, JOHN GLENN will better than the American flag flying on exciting advances in medicine and the again orbit the earth in a United the lunar surface. treatment of disease. This amazing States spacecraft. In 1975, NASA joined hands with its technology is already being used by I have here a picture of Senator former competitor in the space race scientists who are growing ovarian GLENN taken 36 years ago with Dr. and cooperated with the Soviet Union tumor samples so they can conduct Wernher von Braun in Huntsville, Ala- to achieve the first international studies outside the body and without bama, my home State. They are shown human space flight. This project suc- harm to the patient. here discussing a proposed lunar land- cessfully tested joint rendezvous and The absence of gravity on the space ing craft. What an imagination, what a docking procedures for spacecraft from station also will allow new insights vision, what an exploring capacity they the United States and the Soviet into human health and disease preven- had. Shortly after that first orbital Union. tion and treatment, including heart, flight, they were already planning a In 1981, the advent of the space shut- lung, and kidney function, cardio- trip to the moon—a vision that many tle ushered in a new era of space travel vascular disease, osteoporosis, and im- thought could never be achieved and and exploration. By creating a reusable mune system functions. was achieved so successfully. launch vehicle, NASA was making ac- In recent years, NASA has obtained Senator GLENN’s remarkable story is cess to space now more affordable. The scientific data from space experiments a subplot to the remarkable story of disaster of the Challenger brought the that is five times more accurate than the National Aeronautics and Space shuttle program to a rapid standstill. that on Earth. None of these benefits Administration. On October 1, 1958, It was a harsh reminder that the explo- will be available unless we have a space just six months before the distin- ration of space is a dangerous and un- station on which we can perform ade- guished Senator from Ohio was named predictable undertaking. Seven astro- quate research. as one of the original Mercury astro- nauts gave their lives on that mission The space station is the greatest nauts, NASA was born. Today, NASA in an effort to further our knowledge of peaceful scientific international en- marks its 40th anniversary of service the universe. We owe them and their deavor undertaken. This is our future to this Nation. families our eternal gratitude and re- and space is one of the last unexplored It is hard to believe that more than spect. regions of our universe. It holds untold 40 years have passed since the Soviet Two years after the CHALLENGER dis- knowledge and could catapult us into launch of Sputnik. Spurred by concern aster, we returned to space. Through even greater understanding of our over the Soviet advantage in space, the mid-1998, NASA has safely launched 65 world and yet undiscovered worlds. Eisenhower administration proposed shuttle missions. These missions have Yes, the station will provide us with the creation of a civil space agency to included a wide variety of scientific fantastic science—but that is only one lead our Nation in the exploration of and engineering missions. There are of the known positives of this great en- space. Forty years later, the Soviet currently four shuttles in NASA’s fleet deavor. The unknowns are limitless Union no longer exists. But NASA and NASA is working with the private and could provide us with unimagina- stands on the threshold of a new mil- sector to reduce the cost of space flight ble discoveries. We are on the very cusp lennium, the undisputed world leader even more. Two experimental vehicles, of launching the first elements in No- in space exploration. the X–33 and X–34, are prototypes for vember of this year, with the second The agency’s achievements and dis- cheaper, more efficient reusable launch element to follow in December. coveries during that 40-year period vehicles that would provide commer- Since its inception in 1958, NASA has have changed our world in many ways. cial entities with access to space. I accomplished many great scientific Those who are familiar with the space commend NASA for continuing to look and technological feats. NASA’s tech- program talk frequently of the many to the future and the challenges that nology has been adapted for many non- ‘‘spinoffs’’ from the program. There lie there. aerospace uses by the private sector. are, in fact, many products and serv- One of our colleagues, JOHN GLENN, is We can thank NASA for so many ices that are obviously and directly at- scheduled to return to space on Octo- things—from car phone technology, tributable to the space program. ber 29th. It was in NASA’s earliest days satellite imagery, the CAT scan, to For instance, many Americans do not that JOHN GLENN made history by Velcro and freeze dried ice cream. At leave home in the morning before bring the first American to orbit the its fortieth anniversary, NASA remains checking the weather forecast. Being Earth. Now he is making history again a leading force in scientific research from Mobile and just sitting through a by being the oldest person to fly in and is one of the best examples of the hurricane, this was particularly true space. American spirit and our can-do atti- for me this past weekend. Of course, Looking forward to the next 40 years, tude. weather satellites orbiting the earth NASA’s future is as bright as its past. We are proud of what NASA has have revolutionized weather forecast- NASA’s core mission of any future achieved, and on this 40th anniversary ing. Many of us check the forecast by October 1, 1998 CONGRESSIONAL RECORD — SENATE S11237 turning on the television networks Since Apollo, NASA’s accomplish- can be proud of our accomplishments that distribute their signals by sat- ments have been legion, in aeronautics in space, and in NASA’s important aer- ellite. Indeed, I saw a writer inter- as well as space, in unmanned explo- onautics research. viewed recently. He said he realized ration as well as human space flight. We have succeeded because we are just how significant this global com- While it is hard to match the thrill of willing to take risks. And we have been munications system was when he was the first moon landing, the expansion unwilling to quit when we encounter on a dirt road in Africa and he picked of scientific knowledge flowing from difficulties and setbacks. up a cell phone and, through a sat- NASA’s later programs has truly been The tragic Apollo fire cost the lives ellite, called his home in Ohio. historic. of three brave astronauts. But we per- There are a great number of bene- As we look to the future, NASA can- severed, and the Apollo program made ficial byproducts of NASA’s work that not, and would not, rest on its laurels. giant leaps for mankind. are less obvious. Indeed, many credit Within the first few months after its the micro-miniaturization of elec- 40th Anniversary, NASA will launch During launch in 1973, the Skylab tronics, which was driven by the needs the STS–95 science mission, with Sen- space station sustained damage that threatened to render it useless before it of the space program, with ushering in ator GLENN on board, will launch the the whole technological revolution and first U.S. element of the International ever was put into service. Creative en- the information age that we are now Space Station, and will launch its next gineering salvaged that very important experiencing. great observatory, the Advanced X-Ray program. As important as the tangible benefits Astrophysics Facility. The Challenger explosion in 1986 was a from the space program have been, I Following close on the heels of those terribly painful event. We all mourned believe the intangible benefits have missions will be the first flights of the with the families of those brave explor- been even more significant. What value X–34 technology demonstrator and the ers. But, following that tragedy, NASA can we assign to our victory in the X–33 reusable launch vehicle prototype, was able to regroup, and has since safe- space race—to our come-from-behind as well as the launch of the U.S. Lab- ly flown 65 Space Shuttle missions, win against a totalitarian rival? What oratory Module for the Space Station. with a tremendous harvest of scientific would have been the military and for- All of this is scheduled to occur be- results. eign policy implications of Soviet fore this millennium closes. With prop- Perhaps it is this knack for over- domination in outer space? er support from the Administration, coming adversity that makes NASA so But Cold War implications aside, the Congress and the public, NASA will special. Space is a harsh environment, NASA’s success has been an important continue to lead the world in explo- and setbacks are inevitable. The risks factor in elevating our national spirit. ration well into the next millennium. are real. But NASA has done an ex- For America, exploration is impera- I am proud of the role that my home traordinary job of coping with the dif- tive. We will never be content to sit state has played and continues to play ficult situations that they have con- back as observers while others take the in the space program. Even before fronted. Many times the people of risks and are rewarded with new dis- NASA was formed, Dr. Wernher von NASA have turned potential failures coveries. Exploration can take many Braun and his team of rocket scientists into remarkable successes. forms, but, probably more than anyone with the Army Ballistic Missile Agency Now, as we stand on the threshold of else, NASA exemplifies our spirit of ex- in Huntsville were developing new a new century—indeed, a new millen- ploration. rocket systems. A modified Jupiter-C nium—our whole nation can be proud There was a time, earlier in our Na- rocket, developed by von Braun’s team, as we look back on NASA’s accom- tion’s history, when Alabama and ev- answered Sputnik by placing the Ex- plishments in its first 40 years. And we erything west of the Appalachians plorer I Satellite into orbit on January can be optimistic as we look ahead. comprised the frontier. Today, space is 31, 1958. Optimistic that our spirit of explo- the frontier. Since its inception 40 This is a remarkable picture taken at ration is alive and well. Optimistic years ago, NASA has been charting the the ABMA Fabrication Lab in Hunts- that we will continue to see tangible path in this new and exciting territory. ville in 1959. Shown here are the origi- and intangible fruit from our invest- On October 7, 1958, just one week nal seven Mecury astronauts, who are ment in space. Optimistic that our after it came into existence, NASA for- touring the facility with Dr. von children’s lives will be richer because mally approved Project Mercury to Braun. From left to right we see: Gus we dare to reach for the stars. send a man into orbit around the earth, Grissom, Wally Schirra, Alan Shepard, investigate his capabilities and reac- JOHN GLENN, Scott Carpenter, Gordon Mr. President, I congratulate NASA tions to space and return him safely to Cooper, Deke Slayton, and Dr. von on its 40th anniversary. I look forward earth. Project Mercury produced genu- Braun. to continuing to work hard to support ine American heroes, like the late Alan In 1960, 4000 employees of the ABMA this program in the future. Unfortu- Shepard and then-Lieutenant Colonel in Huntsville were transferred to nately, the administration’s budget for JOHN GLENN. NASA’s control, and Dr. von Braun be- the last 4 years has shown a net reduc- On May 25, 1961—shortly after Alan came the first Director of the George tion in funding for NASA. I have spo- Shepard’s suborbital flight, and C. Marshall Space Flight Center. Von ken on that before. The budget we ap- months before Senator GLENN became Braun and the Marshall Center would proved this year represents a small re- the first American astronaut to orbit be responsible for the Redstone rocket, duction again this year over last year’s the earth in February of 1962—Presi- which lifted Alan Shepard into outer budget for NASA. I think it is time dent Kennedy set a high mark for the space, and for the giant Saturn V rock- that we recognize our character as a young space program. Speaking to a et, which propelled Apollo 11 to the nation, that we not cut NASA, that we joint session of Congress, he estab- moon. recognize that it symbolizes who we lished a national goal of landing a man Marshall Space Flight Center is still are as a people. We should recognize on the moon and bringing him safely NASA’s center of excellence for space that NASA symbolizes our best and back to earth, and this was to be ac- propulsion, as well as NASA’s lead cen- highest instincts as a nation, and that complished before the decade was out. ter for Space Transportation Systems we ought to be space explorers as Lewis As we all know, the nation and NASA Development and for Microgravity Re- and Clark explored the frontier, and as were up to the challenge. On July 20, search. Companies and universities in we have explored the seas and so many 1969, an Apollo lunar landing craft car- Alabama also continue to play impor- things. rying Neil Armstrong and Buzz Aldrin tant roles in the space program. Mr. President, I want to again say touched down on the surface of the So I have reason to be proud of Ala- how much I have been honored to serve moon. That remarkable achievement bama’s contributions. But universities, with astronaut GLENN, Colonel GLENN, stands as one of the proudest moments corporations, and NASA installations and Senator GLENN. He has been a high in American history, and one of the throughout the country play important representative of this Senate. We cheer greatest achievements in the history of roles in the space program and in him on again as he goes forward to his mankind. space-based research. Our whole nation next flight 36 years after the first. S11238 CONGRESSIONAL RECORD — SENATE October 1, 1998 STROM THURMOND NATIONAL DE- rogue military leaders may be greater for be in the positions they currently oc- FENSE AUTHORIZATION ACT FOR tactical nuclear weapons than it is for stra- cupy. We are going to miss Senator FISCAL YEAR 1999—CONFERENCE tegic nuclear weapons. DIRK KEMPTHORNE of Idaho, a wonder- REPORT From the U.S. Arms Control and Dis- ful man, somebody who has become a The Senate continued with the con- armament Agency, I quote: good friend. I am going to miss him sideration of the conference report. Because of their larger numbers, smaller very much. And Senator DAN COATS Mr. CONRAD addressed the Chair. size, and in some cases simple design and rel- will also be retiring, and is also a ter- ative ease of employment, non-strategic nu- The PRESIDING OFFICER. The Sen- rific person. DAN COATS has been in clear weapons pose more difficult command, many ways the conscience of the Sen- ator from North Dakota. control, and safety concerns than do strate- Mr. CONRAD. Mr. President, I yield gic nuclear weapons. ate, somebody we can look to time and time again for moral leadership. myself such time as remains on our Mr. President, the point is that there Of course, I also want to recognize side in the stead of the Democratic is a threat. There is a threat of these the chairman. This is the last bill that leader, as manager on this issue. thousands of tactical nuclear weapons we will have before us with Senator The PRESIDING OFFICER. Without that the Russians still have in their ar- THURMOND as chairman of the commit- objection, it is so ordered. senal being diverted to the uses of tee. Mr. CONRAD. I thank the Chair. those who are a danger to all of us. Mr. President, I rise in support of the Terrorist use of a tactical nuclear war- Senator THURMOND, we want to rec- defense authorization conference re- head could be devastating. ognize the enormous contribution that port that is before us today. This is a comparison to what hap- you have made to this body and the In particular, I would like to thank pened out in Oklahoma City. That fer- enormous assistance that you have the conferees for their support of an tilizer bomb was .0002 of a kiloton. The provided to all of us. amendment I offered in the Senate ‘‘Fat Man’’ atomic device dropped in I also want to recognize Senator dealing with Russia’s tactical nuclear 1945 was 14 kilotons. The smaller tac- GLENN who will be retiring. He will be weapons. I was pleased to have the co- tical weapons of today are 10 kilotons. going into space. Senator GLENN has sponsorship of Senators KEMPTHORNE, The larger tactical nuclear weapons of been rock solid on these issues. We are KENNEDY, BINGAMAN, and LEVIN when today have a yield of as much as 300 certainly going to miss him in this this amendment was passed by the Sen- kilotons. Chamber. ate in June. I would like to thank them I think we need to understand the de- Senator THURMOND is not leaving us, again for their support. structive potential of these weapons in thank goodness. I have a feeling Sen- Mr. President, my amendment fo- the Russian arsenal. ator THURMOND will probably be here cuses on an issue that I believe has re- Russia’s tactical nuclear arsenal is long after I have left and perhaps long ceived too little attention. That is the still massive. We can go back to 1991. after most other Members have left. He question of the tactical nuclear weap- The United States had roughly 15,000 has been able to stay in this Chamber ons in the Russian arsenal. Those tactical nuclear weapons at that time; for longer than anyone else in our his- weapons, that are thousands in num- the Soviet Union had 20,000. If we look tory. Even though he is stepping down ber, are among the most vulnerable to today, the United States is down to as chairman of the Armed Services acquisition by terrorists and dictators. 1,600 tactical nuclear weapons; the Rus- Committee, I have no doubt that Sen- The conferees’ approval of my sians still have from 7,000 to 12,000. ator THURMOND will continue to lead us amendment is timely. Recent stories in My colleagues know that there are in many other ways. the Washington Post have indicated treaties that deal with strategic sys- I want to recognize those who will be that the international terrorist, Bin tems and conventional systems. There either changing their roles or leaving Laden, may have made attempts to is nothing on tactical nuclear systems. the Senate as we consider this bill for purchase Russian nuclear weapons and That is why I believe the amendment the final time this year. that Iraq’s nuclear program is much that is in this bill is important. I thank the Chair. further along than previously expected. I believe it is time for Congress to: I yield the floor. Unfortunately, the chances are increas- No. 1, go on record as concerned Mr. THURMOND addressed the Chair. ing that the Bin Ladens and Saddam about the significant ‘‘loose nuke’’ Husseins of the world may acquire nu- The PRESIDING OFFICER. The Sen- dangers associated with Russia’s tac- ator from South Carolina. clear weapons. That danger increases tical nuclear stockpile and its growing as Russia’s economic meltdown contin- Mr. THURMOND. Mr. President, I strategic relevance; wish to thank the able Senator from ues. As Russian soldiers go unpaid and No. 2, call for the Russians to make funding for security systems comes North Dakota for his kind remarks and good on the 1991 and 1992 Gorbachev commend him for the great service under pressure, Russia’s massive tac- and Yeltsin promises to deeply reduce tical nuclear arsenal becomes the that he has rendered to the Senate dur- tactical nuclear weapons, just as the ing his tenure. world’s best source of warheads for ter- United States has followed through in Mr. President, I ask for the yeas and rorists and others who wish this world good faith on President Bush’s prom- nays on this defense bill. ill. ises in September of 1991; Mr. President, the threat of tactical And, No. 3, get more information The PRESIDING OFFICER. Is there a nuclear warheads being sold and the from the Pentagon and the intelligence sufficient second? threat of them being stolen is growing. community about this threat. There is a sufficient second. This chart refers to a CIA comment This chart perhaps sums it up best. The yeas and nays were ordered. on the ‘‘loose nukes’’ question. As they The bottom line on Russian tactical Mr. THURMOND. Mr. President, I responded to an inquiry from my office: nuclear arms is, to quote General Eu- yield any time I have remaining. We cannot rule out the possibility that a gene Habiger, former Commander in The PRESIDING OFFICER. All time small number of nuclear warheads are miss- Chief of the U.S. Strategic Command, is yielded back. The question is on ing. The Russian nuclear accounting system on March 31, 1998: agreeing to the conference report. On is archaic and inefficient. Years of crisis this question, the yeas and nays have have left once-elite troops impoverished. . . . It is time for us to get very serious about We take claims of lost warheads seriously. tactical nuclear weapons. been ordered, and the clerk will call the roll. On the question of tactical nuclear Indeed, it is time for us to get very The assistant legislative clerk called warheads, I offer these observations— serious. This amendment is a begin- the roll. the first from the Congressional Re- ning. search Service: I thank the Armed Services Commit- Mr. FORD. I announce that the Sen- tee for their support for this amend- ator from Ohio (Mr. GLENN) and the Questions exist about the locks employed Senator from Illinois (Ms. MOSELEY- on [Russia’s tactical nuclear weapons] and ment. possible breaches in security at storage fa- I would like to take a moment more BRAUN) are necessarily absent. cilities. Many now believe that the risk of to thank those members of the Armed The result was announced—yeas 96, acquisition or use by rebels, criminals, or Services Committee who will no longer nays 2, as follows: October 1, 1998 CONGRESSIONAL RECORD — SENATE S11239 [Rollcall Vote No. 293 Leg.] The question is the motion to proceed. Senator from Texas and the Senator YEAS—96 Is there further debate on that? from Alabama. I have talked to them Abraham Enzi Lieberman Mr. GRAMM. Reserving the right to several times, and I know that they Akaka Faircloth Lott object, the motion before the Senate is still have concerns about what is in Allard Feinstein Lugar a motion to proceed to the Internet tax this bill. I am assuming they will be Ashcroft Ford Mack Baucus Frist McCain bill; is that correct? working with the chairman of the com- Bennett Gorton McConnell The PRESIDING OFFICER. The Sen- mittee and other Senators that have Biden Graham Mikulski ator is correct. concerns to work something out. I be- Bingaman Gramm Moynihan Mr. GRAMM. I have no objection to Bond Grams Murkowski lieve we are at a historic point with re- Boxer Grassley Murray proceeding to it, but I do object to pro- gard to financial services. That can be Breaux Gregg Nickles ceeding to H.R. 10. completed if everybody will work to- Brownback Hagel Reed The PRESIDING OFFICER. Is there gether in this week that we have left. Bryan Harkin Reid Bumpers Hatch Robb objection to agreeing to the motion to I had delayed filing cloture earlier, Burns Helms Roberts proceed to S. 442? Without objection, it including Monday, Tuesday and Byrd Hollings Rockefeller is so ordered. Wednesday, because there were objec- Campbell Hutchinson Roth The motion was agreed to. Chafee Hutchison Santorum tions on both sides of the aisle about Cleland Inhofe Sarbanes Mr. LOTT addressed the Chair. various and sundry things, but also I Coats Inouye Sessions The PRESIDING OFFICER. The ma- wanted to give everybody time to work Cochran Jeffords Shelby jority leader is recognized. through their problems. I really felt Collins Johnson Smith (NH) Mr. LOTT. Mr. President, I suggest Conrad Kempthorne Smith (OR) like that until we pushed this forward Coverdell Kennedy Snowe the absence of a quorum. and had the cloture on a motion to pro- Craig Kerrey Specter The PRESIDING OFFICER. The ceed, the remaining problems were not D’Amato Kerry Stevens clerk will call the roll. Daschle Kohl Thomas going to be worked out. DeWine Kyl Thompson The assistant legislative clerk pro- I, again, call upon Senators on both Dodd Landrieu Thurmond ceeded to call the roll. sides of the aisle and the chairman and Domenici Lautenberg Torricelli Mr. LOTT. Mr. President, I ask unan- the ranking member to work with the Dorgan Leahy Warner imous consent that the order for the Durbin Levin Wyden Senators that have concerns from both quorum call be rescinded. parties so that we can get this com- NAYS—2 The PRESIDING OFFICER. Without pleted. Feingold Wellstone objection, it is so ordered. This is the first time we will have NOT VOTING—2 f had major financial services reform Glenn Moseley-Braun UNANIMOUS CONSENT REQUEST— and modernization since 1932. We need to get it done. So I hope that can be ac- The conference report was agreed to. H.R. 10 complished. And I urge the Senators to Mr. THURMOND. Mr. President, I Mr. LOTT. Mr. President, I ask unan- keep working and keep me posted on move to reconsider the vote by which imous consent that the Senate proceed the progress that is being made. the conference report was agreed to. to the immediate consideration of H.R. Mr. President, I ask unanimous con- Mr. LEVIN. I move to lay that mo- 10, the financial services modernization sent that the mandatory quorum under tion on the table. bill. rule XXII be waived. The motion to lay on the table was The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without agreed to. objection? objection, it is so ordered. Mr. LOTT addressed the Chair. Mr. GRAMM. I object. Mr. LOTT. I now withdraw the mo- The PRESIDING OFFICER (Mr. Mr. SHELBY. I object. tion to proceed. SMITH of Oregon). The majority leader. f The PRESIDING OFFICER. The mo- f FINANCIAL SERVICES ACT OF tion is withdrawn. UNANIMOUS CONSENT REQUEST— 1998—MOTION TO PROCEED f H.R. 10 CLOTURE MOTION KING COVE HEALTH AND SAFETY Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. In light of the objection, I ACT OF 1997 imous consent that the Senate proceed now move to proceed to H.R. 10, and Mr. LOTT. Under the previous provi- to the immediate consideration of H.R. send a cloture motion to the desk. sions of the consent agreement of June 10, the financial services modernization The PRESIDING OFFICER. The clo- 25, 1998, I ask the Chair to lay before bill. ture motion having been presented the Senate S. 1092, the Cold Bay and Mr. GRAMM. Reserving the right to under rule XXII, the Chair directs the King Cove bill. object. clerk to read the motion. The PRESIDING OFFICER. The Mr. SHELBY. Reserving the right to The assistant legislative clerk read clerk will report. object. as follows: The assistant legislative clerk read Mr. GRAMM. Will the Senator yield? CLOTURE MOTION as follows: Reserving the right to object. We the undersigned Senators, in accord- A bill (S. 1092) to provide for a transfer of The PRESIDING OFFICER. Will the ance with the provisions of Rule XXII of the land interests in order to facilitate surface Senator withhold? Standing Rules of the Senate, do hereby transportation between the cities of Cold Mr. LOTT. I withhold. move to bring to a close debate on the mo- Bay, Alaska, and King Cove, Alaska, and for f tion to proceed to Calendar No. 588, H.R. 10, other purposes. the financial services bill. The Senate proceeded to consider the Trent Lott, Alfonse D’Amato, Wayne Al- INTERNET TAX FREEDOM ACT— bill. MOTION TO PROCEED lard, Y. Tim Hutchinson, Dan Coats, Rick Santorum, Robert F. Bennett, Mr. LOTT. For the information of all The PRESIDING OFFICER. The Jon Kyl, Gordon Smith, Craig Thomas, Senators, this bill has a time agree- pending question is the motion to pro- Pat Roberts, John Warner, John ment of no more than 6 hours. I have ceed to S. 442. McCain, Frank H. Murkowski, Larry E. had indications that it could be maybe Mr. GRAMM. Will the Senator yield? Craig, and William V. Roth, Jr. done in 3 hours or less. I understand Parliamentary inquiry, Mr. President. Mr. LOTT. Mr. President, for the in- there is only one amendment in order The PRESIDING OFFICER. The Sen- formation of all Senators, this cloture that may require a vote along with the ator from Texas. vote, then, will occur on Monday. All passage. Therefore, additional votes Mr. GRAMM. Is the unanimous con- Members will be notified as to the are expected during today. sent request of the majority leader to exact time of the vote when it becomes We will try to work around schedul- proceed to H.R. 10? available. ing conflicts. But I would expect a vote The PRESIDING OFFICER. That re- I want to say at this point, I cer- or two on this, and then for us to go to quest is not pending at this moment. tainly understand the concerns of the the Internet tax bill, hopefully, with S11240 CONGRESSIONAL RECORD — SENATE October 1, 1998 votes on that. And we will also be vot- cause NASA is celebrating its 40th An- feats. Later this month, the Space ing, I presume, on the Internet tax bill niversary but more importantly be- Shuttle Discovery will be embarking on tomorrow. And we cannot say right cause of the major advances being Mission STS–95. As we know, our col- now, but I expect we will go beyond the made in the exploration of our solar league, Senator JOHN GLENN will be normal hour of 9:30 or 10. We will work system. making his second trip into space on toward 12. And if we have to go beyond As I said, in recent years, NASA has this flight. While his presence will cer- that, I would hope we would get co- captured the world’s imagination with tainly be missed here in the Senate, I operation because there is a meeting missions such as the Mars Pathfinder know my colleagues share my pride in going on right now on the Internet tax and the Hubble Space Telescope. Ex- his achievements and wish him the matter with interested Senators from periments and technological feats per- best on his historic return to space. both sides of the aisle. We could com- formed on Space Shuttle missions are On February 20, 1962, JOHN GLENN pi- plete that bill. And we should be pre- paving the way for a permanent pres- loted the ‘‘Friendship 7’’ spacecraft on pared to stay as late as it takes to get ence in space. the U.S.’s first manned obtial mission. that done. One of the most telling signs of our During the almost 5 hour flight, Sen- I urge the Senators that are involved changing world is that, NASA, whose ator GLENN worked on some of the first in this, Senator MURKOWSKI, Senator original mission was national defense technical and medical experiments FEINSTEIN, and others, if you can do it in the cold war with the Soviet Union, ever performed while orbiting the in less than 3 hours, there would be a is now working with Russia to develop Earth. lot of appreciation. If you can do it in the first International Space Station. Now, more than 35 years after that an hour, hour and a half, we would ap- I am very proud to say that some of first flight, Senator GLENN will soon be preciate it because we have a lot of NASA’s most valuable research has returning to space. It is interesting to work to do. been accomplished in my home State note some of the advancements that I yield the floor. of California. In 1958, the Jet Propul- have been made since that first ground The PRESIDING OFFICER. Who sion Lab in Pasadena built and con- breaking flight. yields time? trolled the first United States satellite The shuttle’s flight will last 9 days Mr. MURKOWSKI addressed the sent into orbit. In the four decades instead of 5 hours, it will orbit the Chair. that have followed, JPL has contrib- planet at 345 miles an hour rather than The PRESIDING OFFICER. The Sen- uted to the exploration of most of the 16, and it will circle the Earth 144 ator from Alaska. known planets in our solar system. times rather than 3. The comparison PRIVILEGE OF THE FLOOR The full list of JPL’s role in plan- between these two flights capsulizes Mr. MURKOWSKI. I ask unanimous etary exploration is far too long to ad- the advancements that have been made consent that privileges of the floor be dress here. But I want to mention one in the space program and it is remark- granted to the following members of recent accomplishment. In December able that one man will experience both. my staff: Mr. Brian Malnak, David of 1996, NASA launched the Mars Path- Senator GLENN has done more to pro- Dye, Joe Meuse, Jim Beirne and Mark finder, another JPL built and con- mote our space program than perhaps Rey during the pending debate on S. trolled spacecraft. any other person. Millions of people 1092. The Pathfinder successfully placed a held their collective breath as he led The PRESIDING OFFICER. Without rover on the surface of the red planet the country into orbit of the Earth in objection, it is so ordered. that beamed-back pictures that were 1962 and the world will again watch as Mr. MURKOWSKI. Mr. President, my viewed around the world with awe. I he leads NASA into the next century. understanding is that the Senator from actually had the unique pleasure to Mr. President, it is with great pride California would like to take a few visit JPL last year and was actually and respect that I pay tribute to the minutes to discuss a matter of great able to send commands up to the rover many achievements NASA has made in importance to her. And since we have and then watch and see the rover move its first 40 years. I know that I stand not addressed the time, I have no ob- based on the command. It was rather with the rest of the nation in anticipa- jection with the assumption that I be amazing because the computer I was on tion of what will be accomplished in recognized upon the conclusion of her actually went to a station in the desert the next 40. remarks. which then beamed it directly to Mars, f The PRESIDING OFFICER. Is there and so a few minutes after I pressed the objection? KING COVE HEALTH AND SAFETY Without objection, it is so ordered. command into the computer, I actually ACT OF 1997 The Senator from California is recog- watched the rover move on the planet Mars. It was an amazing experience. The Senate continued with consider- nized. ation of the bill. Mrs. FEINSTEIN. I thank the Chair California is also home to one of AMENDMENT NO. 3676 and thank the distinguished Senator NASA’s premier research laboratories, the Ames Aeronautical Laboratory. (Purpose: Amendment in the nature of a from Alaska for his courtesy. substitute) f NASA Ames provides research in the fields of supercomputing, software de- Mr. MURKOWSKI. Mr. President, I THE 40TH ANNIVERSARY OF NASA velopment, and automated reasoning. send an amendment in the nature of a Mrs. FEINSTEIN. Mr. President, the As the lead center for Aviation Oper- substitute to the desk and ask for its 40th anniversary of NASA is historic. It ations Systems, Ames manages the re- immediate consideration. does have an impact on my State of search effort in air traffic control and The PRESIDING OFFICER. The California. I want to take a moment has the major responsibility for wind clerk will report. The bill clerk read as follows: and wish NASA a happy birthday. I tunnel testing and simulation. want to salute the fact that they have As California has been a major part- The Senator from Alaska [Mr. MURKOWSKI] proposes an amendment numbered 3676. captured the world’s imagination with ner in NASA’s success in the past, we missions such as the Mars Pathfinder will continue to lead as we move into Mr. MURKOWSKI. Mr. President, I and the Hubbell Space Telescope. Ex- the 21st century. NASA has developed a ask unanimous consent reading of the periments and technological feats per- strategic plan that will build on its ac- amendment be dispensed with. The PRESIDING OFFICER. Without formed on Space Shuttle missions are complishments with a renewed focus on scientific research and the application objection, it is so ordered. paving the way for a permanent pres- The amendment is as follows: ence in space. of a new cutting-edge technology. I am Mr. President, as I said, I join my confident that California will continue SECTION 1. SHORT TITLE. colleagues in recognizing the many his- to provide the backbone for this pro- This Act may be cited as the ‘‘King Cove Health and Safety Act of 1998’’. toric achievements that the National gram. SEC. 2. FINDINGS. Aeronautics and Space Administration I want to take a few moments to talk The Congress finds that— has made in its forty years of service. about what I believe is one of the most (a) King Cove, Alaska is a community in This is a particularly exciting period remarkable feats in the history of a the westernmost region of the Alaska Penin- for our space program, not simply be- space program filled with remarkable sula with a population of roughly 800 full- October 1, 1998 CONGRESSIONAL RECORD — SENATE S11241 time residents and an additional 400 to 600 (2) meet all requirements for a public high- tion 7 of this section, and to identify workers who are transported in and out of way right-of-way under the laws of the State logistical staging areas and construction ma- the community a number of times a year to of Alaska; and terial sites within the right-of-way. If an work in the local fish processing plant and (3) include the right for the Aleutians East agreements is not reached within 6 months on fishing vessels; Borough, or its assignees to construct, oper- after the Aleutians East Borough notifies (b) the majority of the full-time residents ate, and maintain electrical, telephone, or the Secretary of its selection, then the right- are indigenous Native peoples of Aleut an- other utility facilities and structures within of-way is hereby granted to the Borough. cestry that have resided in the region for the right-of-way. Mr. MURKOWSKI. Mr. President, I over 5,000 years; SEC. 6. CONFORMING CHANGE. (c) the only mode of access to or from King will proceed under the theory that one Upon the offer of Corporation lands under picture is worth 1,000 words, although I Cove is via small aircraft or fishing boat, and section 4, the boundaries of the wilderness the weather patterns are so severe and un- am not suggesting that you are not area within the Refuge are modified to ex- going to get 1,000 words, as well. In any predictable that King Cove is one of the clude from wilderness designation a 100 foot worst places in all of the United States to wide corridor to acommodate the right-of- event, in order to set the stage for the access by either of these modes of transpor- way within the following land sections— debate on King Cove, I think it nec- tation; (1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, essary to educate and familiarize the (d) the State of Alaska has initiated the 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- Members of this body as to what this King Cove to Cold Bay Transportation Im- ridian, Alaska. provement Assessment to confirm the need issue is, where it is, and why it is so (2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of for transportation improvements for King important to the residents of the small T 56 S, R 88 W, Seward Meridian, Alaska. Cove and to identify alternative methods of community of King Cove, on the Aleu- (3) Sections 1, 2, 11, and 12 of T 57 S, R 89 improving transportation access with com- tian Islands, population 700, who have W, Seward Meridian, Alaska. prehensive environmental and economic re- no availability of surface transpor- view of each alternative; SEC. 7. RIGHT-OF-WAY LOCATION. tation for medical care. As a con- (e) the State of Alaska has identified a Unless otherwise agreed to by the Sec- retary and the Aleutians East Borough, the sequence of the lack of surface trans- road between King Cove and Cold Bay as one portation for this community, 11 of the of the alternatives to be evaluated in the right-of-way granted under section 4 shall be transportation planning process but for a located within— residents of that small community road to be a viable option for the State of (a) sections 2, 3, 10, and 11 of T 59 S, R 86 have perished in medevac flights out of Alaska, the Congress must grant a legisla- W, Seward Meridian, Alaska; the area over the last decade. tive easement within the Izembek National (b) sections 27, 28, 29, 30, 31, 32, 33, 34, and I think I should also identify Senate Wildlife Refuge (‘‘Refuge’’) across approxi- 35 of T 59 S, R 86 W, Seward Meridian, Alas- bill 1092 that is before this body, spe- mately seven miles of wilderness land owned ka; cifically, the substitute that I have of- (c) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, by the Federal Government; fered, which exchanges surface estate. (f) there are fourteen miles of roads within 26, and 36 of T 58 S, R 87 W, Seward Meridian, Alaska; The substitute that I offer exchanges the wilderness boundary of the Refuge which the surface estate of some of the higher are currently traveled by vehicles; (d) sections 5, 6,7, 8, 9, 16, 17, 20, 21, 27, 28, (g) any road constructed in accordance 29, 32, 33, and 34 of T 57 S, R 87 W, Seward value wetlands privately owned by one with such easement would be an unpaved, Meridian, Alaska; of the Native village corporations in one-lane road sufficient in width to satisfy (e) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, King Cove within the refuge in ex- State law; and 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- change for a simple grant of right-of- (h) the combined communities of King ridian, Alaska; way across Federal lands that would (f) sections 23, 24, 25, 26, 27, 34, 35, and 36 of Cove and Cold Bay have approximately 250 allow the residents of King Cove reli- vehicles. T 56 S, R 88 W, Seward Meridian, Alaska; able access to the Cold Bay Airport; SEC. 3. PURPOSE. (g) section 6 of T 37 S, R 88 W, Seward Me- The purpose of this Act is to establish a ridian, Alaska; and hence, medical care when emergencies surface transportation easement across Fed- (h) sections 1, 2, 11, and 12 of T 57 S, R 89 exist. eral lands within the Refuge and to transfer W, Seward Meridian, Alaska. Further, we are not asking for an ap- 664 acres of high value habitat lands adjacent SEC. 8. TECHNICAL AMENDMENTS. propriation. I think it is fair to note to the Refuge in fee simple from the King The following provisions of law shall not that there are no funds requested. This Cove Corporation to the Federal Government be applicable to any right-of-way granted is simply an authorization for land ex- as new wilderness lands within the Refuge in under section 4 of this Act or to any road change, something that is ordinarily exchange for redesignating a narrow corridor constructed on such right-of-way— done within the Committee of Energy of land within the Refuge as nonwilderness (1) section 22(g) of the Alaska Native lands. Claims Settlement Act (43 U.S.C. 1621(g)). and Natural Resources, which I chair, SEC. 4. LAND EXCHANGE. (2) title XI of the Alaska National Interest on a daily basis. If the King Cove Corporation offers to Lands Conservation Act (16 U.S.C. 3161 et The real concern here is the people of transfer to the United States all right, title, seq.), except as specified in this section; and King Cove. Now, many of the Members and interest of the Corporation in and to all (3) section 303(c) of title 49, United States of this body have had an opportunity to land owned by the Corporation in Sections 2, Code. meet with the Aleut residents of King 3, 4, 5, 6, and 7 of T 57 S, R 88 W, Seward Me- SEC. 9. The Secretary and the Aleutians Cove as they visited Washington, DC, ridian, Alaska; and any improvements there- East Borough shall jointly prepare a plan as they visited Members’ offices and on, the Secretary of the Interior (‘‘Sec- setting forth— (1) the times of the year a road may rea- made a unique appeal, an appeal based retary’’) shall, not later than 30 days after on the rigors of living in a wilderness such offer, grant the Aleutians East Borough sonably be constructed when there are not a perpetual right-of-way of 60 feet in width high concentrations of migratory birds in area with a harsh environment, and the through the lands described in sections 6 and Kinzarof Lagoon; and experiences they have had in not being 7 of this Act for the construction, operation (2) limitations on non-emergency road able to avail themselves of the trans- and maintenance of certain utility-related traffic during periods of the year when there portation system that ensures that fixtures and of a public road between the are high concentrations of migratory birds they can safely get to hospitals for city of Cold Bay, Alaska, and the city of in Kinzarof Lagoon. medical assistance when there is an King Cove, Alaska and accept the transfer of SEC. 10. If within 24 months of the date the King Cove Corporation offers to transfer to emergency. the offered lands. Upon transfer to the As I said, 11 residents of my State United States, such lands shall be managed the United States all right, title, and inter- in accordance with Section 1302(i) of the est of the Corporation lands set forth in Sec- have already died flying into or out of Alaska National Interest Lands Conserva- tion 4 of this Act, the Secretary and the the area. Many of them were seeking to tion Act, shall be included within the Ref- Aleutians East Borough fail to mutually get badly needed medical attention in uge, and shall be managed as wilderness. agree on the following— an emergency. Still others died while SEC. 5. RIGHT-OF-WAY. (1) a final land exchange and a grant of a waiting on the ground for weather to Unless otherwise agreed to be the Sec- right-of-way pursuant to Section 4; and clear enough to attempt to make these (2) the right-of-way specifications, and retary and the Aleutians East Borough, the potential life-saving flights. right-of-way granted under section 4 shall— terms and conditions of use set forth in sec- tions 5, 6, 7 and 8 of this Act. Let me show Members what part of (1) include sufficient lands for logistical Alaska we are talking about. Alaska is staging areas and construction material then the Aleutians East Borough shall have sites used for the construction and mainte- the right to select a 60 foot right-of-way for a pretty big chunk of real estate. We nance of an unpaved, one-lane public road the construction, operation, and mainte- have 33,000 miles of coastline. Of sufficient in width to meet the minimum re- nance of certain utility-related fixtures and course, Juneau, our capital, sits here. quirements necessary to satisfy State law; of a public road from lands described in Sec- Anchorage, our largest city, is at the S11242 CONGRESSIONAL RECORD — SENATE October 1, 1998 head of Cook Inlet, roughly in this anywhere. You have to go over here. ation where there would be the road in area. Fairbanks, where my home is, is The only way to get there is to fly. If a refuge but not a wilderness. By add- in the interior. Point Barrow is adja- you are in an emergency situation, you ing to the wilderness, we have done cent to the Arctic Ocean. Prudhoe Bay have another set of facts. The point is just that, taken land that the Native is on the Beaufort Sea. But we have an- this runway represents reliability in corporations have—and that is private other area on the Aleutian Islands and transport. You see these little roads land—and added that to the wilderness, this area extends almost to Japan. This here around Cold Bay that have been in and then exchanged with these specific area includes the community of King existence since the Second World War. areas designated in white—a land ex- Cove which is on the Pacific Ocean It is interesting to note that there change—putting this in a refuge. So side. Across a small base is the area are some 32 to 47 miles of roads that the road will not go through a wilder- where we have a large airport that was are in the wilderness. Make no mis- ness; it would go through a refuge. left over from World War II. To iden- take. I have driven the roads. They are We have numerous occasions where tify the specific area on a scale map, there. They are not maintained be- there have been similar land exchanges we can see Cold Bay here, and then cause there is little maintenance nec- and roads are going in refuges. This is King Cove here. essary for them. But they are drivable. not unique or a precedent. If you look We have unique weather patterns They are drivable by the U.S. Fish and at this area and you are concerned spawned as a consequence of the Japa- Wildlife Service and others. about waterfowl, note these two penin- nese current moving along the Aleu- Let me proceed with some more pic- sulas that are privately owned by the tian Islands and clashing with the cold, tures because I promised to give you an Native corporation. They are proposing interior Bering Sea, creating some of opportunity for a feeling for this area to give those and add to the wilderness. the worst weather in the world. No relative to pictures that have been These are integral points inasmuch as question it has been documented as taken over an extended period of time. they represent peninsulas and, as a such. Now, I want to show the land area consequence, the waterfowl primarily We have the village of King Cove, 700 and the proposed road so we can get an dominate through those particular people year-round, and a small indus- idea of what we are talking about here areas. So this is the route of the pro- try associated with fish packing, freez- in relationship to the issue. The colors posed road. ing and processing. Then we have a in solid brown are the Izembek Na- We are not asking for funding. No ap- large complex built during World War tional Wildlife Refuge. That is this propriation here. This is a land ex- II, consisting of crosswind runways. I area here. Then we have the wilderness change only to benefit the people of will show pictures of runways in Cold areas in the checkered brown with the King Cove. And, hopefully, the ques- Bay and King Cove. white in it. You can see it is extensive, tion is, how many more lives do we Let me show the first picture which but it is not conclusive in that it con- have to lose before we get some relief? shows a gravel strip, about 3,700 feet, nects. There is the major portion here, I want to go through some of the which is the access for the residents of and then over toward Cold Bay there is other charts, in general, to give you an King Cove. There is a road that goes another area, and there has been an idea of why some of the alternatives along the side of the mountain. That is area that has been left aside down here. suggested by others simply don’t work. the road that comes in from the vil- So the wilderness areas don’t connect This is a photo of Izembek when lage. The interesting thing about this together. there is a storm. I don’t know if you and the location is this is the best they The existing roads are worth evaluat- have ever been terrified, but I have. I could do for an airfield because of the ing a little bit, Mr. President, because have been out in boats in some of these topography and the realization that they cover roads not only in the wil- storms. This is how you get from King the winds are extraordinary in this derness up here, which are drivable, Cove to Cold Bay across Izembek when area. There are numerous cases of pi- but they go into the wildlife range there is a storm. And these are real lots landing in small single or twin-en- where you can go and photograph and storms. We have cases where a preg- gines with the wind sock at one end you can hunt geese. They go into the nant woman is put aboard a fishing blowing one way and the wind sock at wilderness area here. boat in a storm like this. She gives the other end blowing the other way. The proposal now is to have a road birth to the child in the galley, and That is the harsh reality because the from King Cove to Cold Bay. That is they have to open the oven and make wind from the Bering Sea comes one the issue. In order to bring that road an incubator out of tin foil and the way, the winds from the Pacific Ocean around, you have to go into that area child survives. I will show other pic- come the other. They simply clash over of wilderness because you can’t cross tures of just what kind of bodies of this area and create this extraordinary the bay because of the water depth and water we are talking about. complexity of winds. It is not nec- the costs associated with the bridge, Mind you, the uniqueness here is that essarily fog, it is not necessarily heavy and we are really dealing with 700 peo- you have Bristol Bay and the Bering snowfall, it is tremendous turbulence ple now. Sea on one side and the Pacific Ocean, in wind. So what are the alternatives? I am and this is the area where all the Here is another airfield located at prepared to discuss those later. It is storms basically are initiated on the Cold Bay. This was part of the effort important to know what the quid pro west coast and down to California. This during the Second World War in prepa- quo is here, because we think it is a photo shows Izembek Bay in a storm. ration for the invasion of Japan, to win for the environment, with the rec- How would you like to subject yourself build this large facility, over 11,000 ognition that the Native association is to that? You and I are accustomed to feet, the main runway. The population prepared to give their land, which is taking a road to the hospital and hav- here is about 130 people. Most are Gov- colored here in the basic green areas ing access to some reasonable way, ernment employees with the FAA, op- and the yellow areas, in exchange for without having to subject yourself to erating this runway. This is also a access through this area. The quid pro conditions likes this. backup for an emergency, should any quo is they are proposing that about Somebody said, ‘‘Well, what happens of the space shuttles have to land in 580 acres to be added to the wilderness on a clear day?’’ That depends on what this particular area based on their or- in return for this 7 miles of road, which season you are in. This photo happens bits. would be through this wilderness area. to depict the wintertime when the bay The point is, there is daily jet service The only difference is that we are not is frozen over. That is factual. There is into Anchorage from here. I think putting it into wilderness. I have a dif- your ambulance in the wintertime. there was only 1 day last year where ficult time trying to communicate this How would you like to try that? That the winds were such that they couldn’t to some of the other Members and the is the harsh reality that happens at bring in aircraft. public because we are proposing a land certain times in the winter. You are This is how you go from King Cove to exchange. not going to move a Hovercraft over Cold Bay to start your visit to Anchor- By this 580 acres entering into the that, and you are certainly not going age to visit with friends or to get out, wilderness in the exchange, as a con- to move a boat. What happens some- if you will, of King Cove to go virtually sequence of that, we would have a situ- times is that they do have a vessel in, October 1, 1998 CONGRESSIONAL RECORD — SENATE S11243 and they try to move people from a You can go on these roads. You can What has happened to our Native small boat up to the dock, and they take an old 4X4 and wander around and people when wilderness boundaries and move them in a cargo net. How would see the country. Mind you, these roads refuges have been designated is that you like to get off your boat and into are in the wilderness, 47 miles of them. the concerns of the people have basi- a cargo net under those conditions? When you say we are driving through cally been overlooked. The Aleut peo- That is living in rural Alaska today. the heart of the Izembeck Wilderness ple have lived in King Cove for over It is the harsh reality. We have some with this road connection, you are not 5,000 years. The substitute that I offer other pictures that I want to show you facing reality. These roads are already today would provide relief for access. relative to the harsh reality of living there. They are not all of the wilder- That is really all we are talking about. in Alaska. ness. We are talking about appealing to real These are people who have died be- I will show you where these roads people who have a need that others in cause there was no access out of King are, because we have a detailed map the United States enjoy. Cove. This is Tom Phillips, who lost a which shows the road in and out of the We are somewhat isolated in Alaska. leg in a boating accident. He died in a wilderness. It gives you an idea. We have four time zones down here. We plane crash in a medevac airplane try- These aren’t highways we are build- have three. I think we are about 5,000 ing to fly into Cold Bay. Christine ing. They are not superhighways. They miles from Washington, DC, to Alaska. Dushkin suffered a heart attack and are just an adequate road that you can The area of King Cove is about 1,700 died of exertion while climbing onto a take a 4X4 over, recognizing that when miles from Seattle, 632 miles west of Cold Bay dock from a small boat. Mary you put a little gravel around and Anchorage. In fact, it is interesting to Dobson suffered from frequent seizures maybe have four or five cars a week, it note that it is twice as far from here to but could not get timely medical care is not very much traffic. But depending King Cove as it is from Tokyo to King during bad weather. Darien Gorsinger, on the circumstances, at least some- Cove. That gives you some idea of the a community leader, died in a plane body can get out. isolation. crash while evacuating an injured Se- This is an aerial picture of the topog- I have indicated that the weather attle fisherman. Walter Samuelson raphy of the general area and what we conditions out there are such that we waited 3 days after a heart attack to are looking at. I think it is important have the uniqueness of wind sheer tur- get out of King Cove. Sarina Bear, who that you reflect on what the area looks bulence and what we call venturi wind was born prematurely on a fishing like today. This is a little difficult to conditions, which makes flying a real boat, lost half of her body weight on a see, but I am going to do the best I can, experience. When you add this to the 3-hour fishing boat trip to Cold Bay. because it is in black and white. It is fact that it is a mountainous area with Earnest Mack died in Anchorage after 4 an aerial photograph. It is an official sharp valleys, you find conditions for days of delay while trying to get out of photograph. It is not something that what we have had in a series of disas- King Cove. Kathy Hoff, a King Cove has been doctored up or lines have been ters. As I have indicated, on that 3,300- nurse, died in a plane crash on a Medi- drawn in. foot runway you have wind blowing at care mission out of King Cove. John But this general area down here is either side. Datolli, a bush pilot, died in a plane on the edge of the Cove Bay runway, and You might say, ‘‘Well, the Senator a medical mission to King Cove. these are the roads in black that go from Alaska is exaggerating. That This is the harsh reality and the situ- through the general area. These are the can’t occur all the time.’’ It occurs al- ation as it exists. Some suggest, let’s roads that wander in through the wil- most every day, Mr. President. It can do another study, let’s look for another derness designation. This is the line occur for days on end. It can occur for alternative. In the meantime, my con- right here, the boundary. The wilder- weeks on end. Sometimes a week or 10 stituents are dying. I know how you ness is on this side. All of these roads days will go by before they can get a would feel if they were your constitu- are in the wilderness. They are already flight in and out of King Cove, if one ents. there. can wait. This is simply an inconven- Here are some headlines from some of What we are proposing is simply an ience which Alaskans accept, however, our Anchorage newspapers, the An- extension of this road of 7 miles to go since the main livelihood of the Aleu- chorage Daily News and the Anchorage in with a land exchange—taking the tian people is derived from fishing in Times: ‘‘Six Killed in a Plane Crash,’’ area out of the wilderness, putting it in the treacherous seas of Bristol Bay. ‘‘Plane on Mercy Mission Crashes; 4 Be- the refuge, and putting a road exten- Medical evacuations are a common lieved Dead,’’ ‘‘Four Die in Cold Bay sion in. We are not asking for any occurrence. Surprisingly enough, they Crash,’’ ‘‘Plane Hits Hillside at King money, we are simply asking for an ex- happen twice as much in this commu- Cove; 6 Die,’’ ‘‘Pilot Dies In Crash.’’ change and an authorization; that is it. nity as any other place in Alaska. With This happens because it is really Here are the existing roads that wan- only the help of midlevel practitioners, tough out there. It is so tough, as a der over here. Here is another wilder- help in an emergency must be sought matter of fact, that the people are say- ness boundary over here, a little chunk in other locations. This is not a con- ing, let us have the opportunity that over here. There are roads to the west cept that many in this body are famil- other Americans enjoy, which is access of that. When I go out there goose iar with. We take for granted health by road. This is the road in this photo, hunting, we usually wander out here, care. It is only a few steps away. Cer- Mr. President. That is what they look or wander up through here in the wil- tainly this is the case where we are like. These were roads that were built derness, and go out over here—any right now in most of our hometowns. during the Second World War. There is number of places that are there. To But out in the Aleutian Chain, it is not so little traffic that there is very little suggest that we are creating something that simple. maintenance. This sign over here is a that is not there is totally unrealistic Let me interrupt for a moment to U.S. Fish and Wildlife sign. That goes and unfounded. comment on a few things. over to Outer Point. I go out there vir- Again, I want to go through the re- This is a sign that the U.S. Fish and tually every Columbus Day, unlike my mainder of the charts, because I think Wildlife puts out as an advisory. This good friend, whom I have the utmost you are beginning to get a feel for what is our Government speaking, not me. It respect for, who has never been there. the country looks like and what we are says: up against. Hopefully the staff, who He has never experienced it. I have. Visitors [to the area] should bring extra This is what we are talking about. has not practiced this, will make sure food and rain gear should weather close in. These are the roads that are out there. that we show all the other charts be- This is in the refuge advisory: Here is another picture. This is the fore we get into some of the things topography of the area, what the coun- that the Senator from Montana and The refuge is famous for inclement weath- try looks like. It is flat. It is barren. er, usually in the form of wind, rain, and fog. the Senator from Arkansas take for Fog, drizzle, and overcast skies are often There are no trees. There is grass. granted that are unavailable in Alaska. succeeded by violent storms and bitter cold There are lots of ponds. There are lots While they are going through some snaps that slow down all activity. It is not of birds that come through in the fall. more of the visuals, let me make a cou- unusual for an entire year to go by with only They move on. ple more points. a few days of clear skies. S11244 CONGRESSIONAL RECORD — SENATE October 1, 1998 I don’t know what that means to that it depends on whether you have ment by adding 580 acres to the wilder- anybody. But it puts you on notice. adequate personnel where you need it ness. I can only assume for one selfish Let’s see how residents of Arkansas to communicate the symptoms and reason, they have a cause that gen- and Montana access health care. I read- take action, and then if it is too bad erates money and membership. But I ily admit I do not know all the specif- you need more than telemedicine. If it am not going to spend a lot of time on ics of health care in these states, but I is bad, you need access. that. do know how to make up a chart. I do How are you going to cross a bay The point is 30 miles as the crow flies know how to make a point. that is uncrossable by boat in the win- from King Cove is the all-weather run- Here are the major hospitals in Mon- tertime because it is frozen or the way at Cold Bay, and all these people tana and their accessibility by State storms are so great you can’t cross it want is access to that 10,400-foot run- and Federal highways. The green lines because of the high winds? way where a Reeve Aleutian Island Jet are the U.S. interstate highways, the Well, let’s talk about helicopters. I 727–100 comes in every day, except once red lines are the U.S. highways, and have nothing but the highest admira- last year when it could not get in be- the black are the Montana State tion for our Coast Guard, National cause of weather conditions. And I routes. Every place you see an ‘‘H,’’ Guard and those courageous people might add, in deference, the only day you see a major hospital. Hopefully, I who are out there providing rescues, they don’t fly is Sunday. But medevac haven’t missed any. But I am sure my but there is some uniqueness associ- aircraft from Anchorage can get in friend from Montana would be happy to ated with the Cold Bay area, and that there. correct me if I have. is something that the helicopters have This road would total only about 29 But the point is, the people of Mon- a problem with, and that is extreme miles. Now, remember, where would tana have access to health care in an turbulence. The helicopters do very the road be? Whose land would it be emergency. well in heavy winds, but it is the tur- on? Well, here it is, the green area. It Let’s wander over to a Southern bulence that creates problems. And it is on land owned by the King Cove Na- State. My friend from Arkansas and I is important to note that threatening tive Village Corporation. Just roughly have had conversations about this. I conditions in King Cove arise at un- 7 to 8 miles of the road would be in the know how he feels about equity. known times. Pregnant women in King massive 300,000 acre—there it is, 300,000 Here are the major hospitals in Ar- Cove often leave the village 6 weeks be- acres. Only if this bill passes, it is not kansas accessible by Federal highway. fore they are due in order to make sure 300,000. It is 300,580 because we are add- I would be happy to show this a little they are able to be near medical facili- ing to the wilderness. That is what closer if there is any difficulty in see- ties in case complications arise. makes this thing a win-win-win for the ing it. These are the hospitals in the A woman by the name of Carol wilderness—only 7 miles—this portion State of Arkansas on the road systems. Kenezuroff went into premature labor. here—would not be in wilderness, but There are 10 hospitals, I am told, in She was unable to fly out of King Cove the refuge. Little Rock. The point is the residents due to weather conditions. She decided Again, I want to make it clear be- in the State of Arkansas have access to make the treacherous trip by boat. cause those who don’t want to under- by road to health care. Now, these are It took 21⁄2 hours in an 80-foot crab stand it refuse to acknowledge we are hospitals that have facilities to take boat. One hour into the trip Carol gave not putting a road in a wilderness. We care of emergencies. birth to a 2-pound-3-ounce girl on the are doing what we have done hundreds Let’s look at Alaska when we talk galley table of that crab boat in a 10- of times before, a land exchange—al- about cases of dire emergencies. We foot sea. The baby’s name was Sirena. lowing a road in the refuge where we have Anchorage. Here is health care in She lived only because someone on the have numerous roads in this country. Alaska. These are hospitals with criti- crab boat had presence of mind to Now, because the 7 or 8 miles of the cal care units. We have one in Anchor- make a makeshift incubator out of alu- proposed right-of-way are currently lo- age, AK, an area one-fifth the size of minum foil and put it near the oil cated in the wilderness, I think it is the United States, and an area that has stove. pretty clear that is why some of the 33,000 miles of coastline—a big hunk of The story isn’t over yet, Mr. Presi- groups have opposed it. But what they real estate. The Senator from Texas is dent, because the mother had to be fail to tell you again—and I would em- not here so I won’t comment that it is offloaded twice from the boat in a sling phasize, and I hate to be repetitive— two-and-a-half times the size of Texas. because her IV tubes had got caught in this area already has 42 miles of exist- I might lose his support. the dock pilings of the unprotected ing road. This is our road system—a little bit harbor of Cold Bay. Do you know of Of that 42 miles of existing road—and on the Seward Peninsula around Nome, anybody who had that kind of situa- I want to bring that chart back up Teller, a road from Prudhoe Bay down tion? again, because I want to make this through Fairbanks, down to Valdez, Well, it happened in the State of point—of the 42 miles of existing roads, Anchorage, Homer, Kenai, a little bit Alaska. By the time the baby made it we already have 12 or 14 that are al- of road in southeastern Alaska. An- to Anchorage, it had already lost half ready in the wilderness. You can drive chorage is our area of primary critical its body weight and barely survived the on them. Take a 4x4—that is a 4-wheel- care. So when you have a situation in ordeal. drive vehicle, all-terrain—and wander a village out here at King Cove in the This is the harsh reality of life in out in them anytime you want. Mr. Aleutian Islands, you need access to it. King Cove, but it does not have to be President, 13.7 miles, to be exact, of You need access to an airport where that harsh. There is a solution to as- road, are already in the wilderness. you can get an airplane, a jet airplane sure safe travel and a solution that is You can go out and drive on it, and I into Anchorage which is 600 miles opposed by some of the special interest am going to be driving on it over Co- away. groups. I really question their jus- lumbus Day. So things are not that simple in tification because you cannot say that What they fail to tell you is that this Alaska. They are tough. We have a this is a road through the heart of the is a 60-foot, if that—a gravel road, not first-rate Alaska Native hospital avail- wilderness. This isn’t a road through a highway. Let us show the picture able to the Aleut residents of King the wilderness. We are doing a land ex- again of what we are talking about. Cove in Anchorage, but it might as change. It is a road through a refuge, The Senator from Montana showed a well be on the dark side of the Moon if isn’t it? It is a plus for the wilderness, highway the other day when he you can’t get there. isn’t it, because we are adding 580 brought this matter up. ‘‘This is what As I have indicated, we have had 11 acres. This is a win-win-win, but the we are going to build. We are going to air crash fatalities flying residents out special interest groups on the other build a highway.’’ Come on, let’s quit of King Cove, trying to get some of side can’t see it that way because they kidding each other and the American them to lifesaving medical attention. have gone off, in my opinion, the deep public. And I might add, we are not We talk a lot about telemedicine, and end and simply said, no, we are not asking a red cent from the taxpayer. I am an avid supporter of telemedicine. going to allow this exchange—not be- This is the kind of road it is. That is But the realities of telemedicine are cause it is not good for the environ- what it is. That is all it is. There is no October 1, 1998 CONGRESSIONAL RECORD — SENATE S11245 McDonald’s on it, no supermarkets. A likely to be a mass movement from them and the Senators from Montana plain old road. We still have those in Washington, DC, to King Cove or Cold know what is best for their citizens. Alaska—plain old roads, nothing fancy. Bay. Believe me. That is why I am kind of amused that A grader might go over it once a year. This is a Native area, and the Native this body has denigrated itself, if you To suggest that somehow the snow is population have had the ability to gen- will, to a situation where—you know, going to stop a 4-wheel drive from erate a little activity with their little it used to be the Senators from the going on a bad day? Let me tell you, cannery and their little cold storage State knew what was good for their when it is turbulent, the airplanes plant. But what they have not been State and they were going to be judged don’t fly but the cars creep along the able to do is to generate any interest in by their constituents and held account- little old road very nicely. the Congress of the United States sup- able. But we have moved away from You say there are going to be ava- porting a little land exchange so they that now because of the special inter- lanches. Does it look like avalanche can enjoy access to a road. They are est groups, and we have Members who country to you? There are a few areas prepared to take care of themselves, if have never been to my State dictating on the other side where there are some they can simply have access to their the terms and conditions under which hills, but there is not going to be an airport. my people have to live. They resent avalanche. ‘‘You will have snowdrifts.’’ Let’s talk about precedent one more that, and so do I, because they do not You do not have a lot of snow out time, because I am sure the opponents know what the people who are living there. You have blowing snow and will say, ‘‘Oh, you are setting a prece- there are really experiencing because winds, but the roads that are there dent. You are setting a precedent.’’ they have not experienced it. The con- now, the 47 miles of road, are open vir- First of all, I thank those Members stituents in Arkansas and Montana tually all winter. You do not have a who were willing to see the people of have not experienced it, but I have. I situation where you have, like Valdez, King Cove during their visits here in can tell you, it is real. AK, where you have 25 or 30 feet of Washington, DC, the Aleut people We have had examples where Con- snow. That does not occur. This is a themselves, because they can express gress has created roads in wilderness maritime climate but it is tough on their desires and positions much better areas. In fact, when the Izembek Ref- wind. So to suggest a road will not than I can. uge Wilderness Area was created in work is unrealistic, because the roads I would like to recognize here an old 1980, it was created with existing roads that are there do work. Mr. President, friend who just snuck into the Cham- in the wilderness. ber, who shall remain nameless; is that 130 people in Cold Bay traverse on I don’t raise these examples to advo- fair enough? Thanks, Bob. them, as they keep the airport open cate that wilderness boundaries should Speaking of precedents, rather than be subjected to change at whim. I am year around in Cold Bay. Presidents—which we almost had here, I was using 580 acres, and I was not doing that. What we are proposing but I am getting off the subject so I wrong. This exchange adds 664 acres to is a net increase of nearly 600 acres of better get back to the business at the wilderness. The Native people are wilderness. If we have changed wilder- hand—I think many of my colleagues giving up their private land in return ness boundaries for such things as ac- have been wrongfully led to believe for access through a refuge. It is a win- cess to a recreation area or, in the case this provision which we propose would win-win for the wilderness and the en- of Montana, to a fishing hole, then I set a precedent in setting or allowing vironmentalists, if they can just figure can’t understand why in the world it is roads to be built through wilderness it out. Again, this substitute that I not appropriate to change a wilderness areas. boundary into a refuge to save lives. It offer would adjust the boundary to in- As chairman of the Energy and Natu- clude 664 acres of the private King Cove is pretty basic, Mr. President. There is ral Resources Committee, I can assure no truth to the claim that this is Native lands, and it would remove 85 you, this is absolutely false. There is precedent setting. acres from the wilderness in the ex- no precedent to be set by this provi- Some people question why this right- change for the 7 miles of road. sion. First, plainly and simply, this of-way needs to be granted now when One other thing here, lest we forget— provision does not authorize construc- the State is currently undergoing a the ‘‘great white father.’’ The ‘‘great tion of a road or authorize construc- process to determine a preferred alter- white father’’ of public lands, in our tion of a road in a wilderness. One native between improved air safety, State, is the Secretary of the Interior. more time: It simply adjusts the wil- ground transportation, whatever. Why He controls utilization. And we propose derness boundary, and that adds 664 is the right-of-way needed if it is not that for this section, this section spe- acres of private land, private Native yet known that this will be the State’s cifically, if it is authorized and some- land, in exchange for withdrawing 85 preferred alternative? These are valid day built, that the Secretary would acres that will be used for a road cor- questions. They deserve a valid re- have the ability to regulate the use of ridor and a refuge. None of the corridor sponse. the road during migratory periods. will be in a refuge portion. It will be in First, one has to understand this How much more authority? If the con- the wilderness portion of the refuge. issue is not new. A road connecting cern is migration, OK, there is a con- I want to get to the point. Wilderness King Cove and Cold Bay was rec- cern. If you have concern about migra- boundary adjustments are common- ommended in the preferred alternative tion, don’t allow hunting in the area. place. They are done for numerous rea- of the 1985 Bristol Bay management The U.S. Fish and Wildlife Service al- sons. Last year I was instrumental in plan done cooperatively with the State lows hunting. We obey the rules and passing the Presidio legislation, which and Federal Government. they allow it out there. included, among other things, wilder- Second, in 1995, ground transpor- One of the most significant areas in ness boundary adjustments. In one wil- tation between these two communities Alaska is Cordova. You have the flats derness area we withdrew 73,000 acres was listed as the State’s third highest of Cordova; you have a road that runs of wilderness and added back 56,000 priority project for rural Alaska by the out to the Cordova River, right acres, for a net loss to the wilderness of current Governor. through the flats. It is a huge nesting 17,000 acres. That was in the If you look at the map that shows the area with many endangered species and Anaktuvuk Pass. health care areas in the State—I want an airport in the middle of it, and there Prior to that, Congress—and I think you to look at that a little bit more be- is no problem at all. Do you ever see my colleague from Montana will note— cause it shows the road system in the any geese on the golf courses around deleted 28 acres from the U.L. Bend State. We don’t have roads in the here? They even allow hunting on the Wilderness Area in the State of Mon- State. We are the new kid on the block. golf course, they have so many geese. tana to allow for access, to allow for We have been a State since 1959—39 To suggest this is going to be det- access through a wildlife refuge wilder- years ago. That is what we have. Look rimental to the migratory bird pattern ness area. What for? To a fishing area at Arkansas and look at Montana. We is absolutely ridiculous. There is no near Fort Peck Reservoir. In other are not asking for an awful lot here. In justification for that at all, because words, to a fishing hole. fact, it is a bit embarrassing for me to the roads are already there. There is so I am not complaining. I figure the have to come and plead for the lives of little traffic on them. There is not folks in Montana know what is best for the people in this village. S11246 CONGRESSIONAL RECORD — SENATE October 1, 1998 That is our road system, Mr. Presi- partial amputation, but we will be no The Providence Telemedicine Network is dent, an area one-fifth the size of the better off to treat it without the abil- designed to be an integral part of a regional United States, an area that, if super- ity to safely transport people to mod- healtcare plan. It will help improve the imposed on a map of the United States, ern medical facilities. emergency medical network over time with Our largest hospital, Providence Hos- relatively little investment by those in- superimposed in a comparative dimen- volved. Use of consistent emergency proto- sion, goes from Mexico, to Canada, to pital, in Anchorage stated it best re- cols means only patients requiring tertiary Florida, to California, with the exten- cently when referring to telemedicine: care will be transported. Outcomes will be sion of these Aleutian Islands. It is a It will be especially helpful in providing improved care and reductions in transports. big piece of real estate. I find it dif- better consultations to enhance a provider’s It will not eliminate transport. ficult to have to beg, if you will, for knowledge and help her or him make a bet- For these reasons, we support the road be- ter decision about transport. However, it will consideration here, but I guess that is tween King Cove and Cold Bay and we sup- never, ever eliminate the need for emergency port the use of telemedicine throughout the what I am doing. For a people who transport to an acute care facility, and that region. have occupied this area for 5,000 years is what the road between King Cove and Cold KATHE BOUCHA-ROBERTS, and have looked at every option, it Bay is all about. Director of Alliances makes sense to have a ground link. I ask unanimous consent that the and Telemedicine. These people have lived, have survived letter from Providence Hospital be DESTYNE E. TAFT, a lot longer than you and I. They fish printed in the RECORD. Telehealth Network the waters and hunt the land. Some- There being no objection, the letter Coordinator. times they fly the skies, and some- was ordered to be printed in the Mr. MURKOWSKI. Mr. President, times they die. RECORD, as follows: some others argue that the building of It is interesting to note, too—I will PROVIDENCE HOSPITAL, a health clinic is the answer. Inciden- point out on one of the maps of the ANCHORAGE, AK, tally, I understand my good friend, Dr. Cold Bay area—that they have tra- August 3, 1998. FRIST, will advise us later on the as- versed this area through this so-called The value of telemedicine in the Aleutians pects of telemedicine, what you can wilderness on foot trapping in the win- and its limitations. and can’t do. I am most appreciative of tertime and hunting. This is nothing ROBERT JUETTNER, that. Still, others argue building a new, and they are still doing it. But Aleutians East Borough, Anchorage, AK. health care center is the answer. The these are the people who have the most The Aleutian Chain is without a doubt one answer, again, is it helps; we have a lit- of the most difficult places on earth to pro- at stake in protecting the region’s re- vide quality healthcare for several reasons. tle bit of it there, but without a proper sources. Think about that. These are Weather is a primary factor. Transpor- cardiac unit or prenatal unit, the peo- the residents—they are subsistence tation in emergencies can be terrifying and ple will still need transportation to people, to a degree. They know how to deadly. Many lives have been lost in the at- other locations outside of King Cove in protect the fish, the game, the geese, tempt, both patient and providers working times of emergency. the endangered species. on evacuation teams. Patients lose critical We are going to hear a lot of talk The problem with the bureaucracy is time awaiting transport to acute care facili- about helicopters. You are going to ties while waiting for the weather to change. this thing can crawl on —do more stud- And providers can’t get out for respite or hear a lot of talk about helicopters ies. But the people want some assur- continuing education, both of which are crit- from people who have never been in a ance at the end of this process. With- ical for maintaining quality of care and helicopter when the wind is blowing 60 out the legislation before us, there is quality of life. Within the next five years, miles an hour, or have never been in a no end in sight, because what this leg- trauma consults will improve in Alaska and helicopter in severe turbulence. But I islation does is it simply authorizes a in this region in particular, but it will never have, but not as much as the people I land exchange. That is all it does. completely replace transport to acute care am going to talk about. In testimony before Congress, the facilities when needed. The Secretary of the Interior says, Distance between communities dwarfs Fish and Wildlife Service was asked many states in the lower 48 and tele- ‘‘Well, just use a helicopter.’’ Let me the question: If through this com- communications are often sketchy. A wise show the map of Alaska, again, because prehensive study that is underway the person once said, ‘‘If a successful fax trans- the nearest helicopter is in Kodiak. preferred alternative is, indeed, a road mission is a blessing, then successful tele- There is nothing wrong with the as- link, would they support it? They sim- medicine transmissions could be a miracle!’’ pects of that, other than Kodiak is 300 ply said no. They didn’t give a reason; We are working on this through expanded miles away. Here is Kodiak Island right they just said no. They didn’t acknowl- bandwidth and improved technology. here. We are 300 miles away in King The Aleutians represent a unique oppor- edge there were roads already in the tunity to develop telemedicine and tele- Cove. This would be like telling the wilderness. health applications that would truly enhance residents of Washington, DC, that their By granting the right-of-way now, a service in these under-served communities. trip to safety will be provided by a hel- road link will remain a viable alter- It will be especially helpful in providing bet- icopter that comes from Waterbury, native. It will give the State the op- ter consultations to enhance a provider’s CT. How is that? Or any other area tion. Why shouldn’t the State have the knowledge and help her make a better deci- that you care to pick. option for Heaven’s sake? It is our sion about transport. However, it will never Even if a Coast Guard helicopter was State. By granting this right-of-way eliminate the need for emergency transport stationed nearer to King Cove, where now, a road to safety, what we are to an acute care facility and that is what the road between King Cove and Cold Bay is all are you going to put it? There is not doing is appropriate and timely, and I about. much out there in the Aleutian Islands. guess tardy in some respects, and pro- Providence Health System in Alaska cur- It is kind of tough to place the lives of viding an opportunity for the people of rently provides teleradiology services to Coast Guard personnel in danger when King Cove to have access. Dutch Harbor. Plans include education, tele- there are other alternatives. I promised to comment, since we are health services such as conferencing through Let’s flip this around. They say that not limited to time currently, on a email, alliance support and peer-to-peer there are alternatives and the heli- couple of other options because I know communications within the region. The sys- copter is another alternative. The heli- these are going to come up in the de- tem will carry data, voice and images. This is called store-and-forward communications. copter folks say, a helicopter is fine, bate. I know that others will insist Communications may include real-time but there are other alternatives and there be other ways to resolve the chats. Services will provide some interces- one is a road. problems of King Cove without grant- sion; some better judgement calls and deci- Helicopters do not always work, for ing ground access. We have already sions; improve isolation issues and enhance several reasons. First and foremost, talked about telemedicine. I know that education. they are not designed to handle severe the people of King Cove welcome the The system will not carry a human body turbulence. That is part of the daily technology and the advancements tele- that needs advanced medical care. It may life in King Cove. And any good heli- help cut the numbers of evacuations through medicine is going to add, but it is not better diagnosis and consultation. It will en- copter pilot will tell you that the wind the solution. Telemedicine is a diag- hance medical care to this region. It will not is not the issue, the turbulence is. The nostic tool. We may be in a better posi- remove the need for treacherous evacuations wind did not cause 11 deaths. It was the tion to diagnose a heart attack or a that so often take place from King Cove. turbulence that caused the deaths. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11247 That is what brought the aircraft fracture of a arm warrant a Coast Guard re- copter—you have to have two crews, down. sponse?’’ When the Coast Guard receives a you have to have hangars; you have a Second, we have done a little inves- request for a medical evacuation population of 700 people here—when tigation working with the Coast Guard, (MEDEVAC), flight surgeon is consulted to you have an alternative, a simple grav- who have been very responsive. The determine if a MEDIEVAC is necessary based el road? That is all we are asking for. on the patient’s condition. Coast Guard pilots are trained for mar- Typically, conditions threatening loss of And you can debate whether we are itime missions flying over water, not life or limb would warrant a MEDEVAC. Al- wrong or right; we will take our flying over mountainous terrain—not though a compound fracture to the arm chances. that they cannot do it, that is just not would not normally justify a MEDEVAC, Let’s talk about a sea link. That is part of their training. there may be situations where a MEDEVAC interesting. You still have a population Third, do we really want to change is authorized based on the severity of the in- of 700 people. It would require a tre- the mission of the Coast Guard to han- jury, or the potential for additional injury. mendous infrastructure. For example, dle land-side medevacs when other al- You also asked whether the Coast Guard you would need a 150-foot-long vessel would support a legislative change to require to operate in the rough seas, probably ternatives such as one simple gravel us to do shore-side medical evacuations. The road exists? I can assure you, Mr. Coast Guard could not support such a legis- have to have some kind of an ice- President, the Coast Guard does not lative change. The Coast Guard is a sea breaking capability, have to have dock support such a change. Recently the going service. Our personnel are trained and facilities constructed at both King admiral told me so. And I will quote equipped to operate in the maritime environ- Cove and Cold Bay, breakwaters requir- his letter. ment, which poses very different challenges ing more than—well, it is estimated it I ask unanimous consent that it be from those faced by shore-side responders. would take more than 67,000 feet of fill For the Coast Guard to take on the addi- printed in the RECORD. that would have to be constructed in There being no objection, the letter tional responsibility of responding to shore- King Cove and Cold Bay. Roads would side medical evacuation would require a fun- have to be constructed to access boat was ordered to be printed in the damental change in the way we do business, RECORD, as follows: a substantial increase in funding, and com- docks. DEPARTMENT OF TRANSPORTATION, plete reevaluation of our asset siting. And even if all this were done, sick U.S. COAST GUARD, In summation, although the Coast Guard is and injured people would have a mini- Washington, DC, September 4, 1998. more than happy to respond to shore-side mum of a 2-and-a-half-hour, maybe 3- Hon. FRANK H. MURKOWSKI, medical emergencies as time and resources hour, trip in the treacherous seas. Let Chairman, Committee on Energy and Natural permit, we cannot and should not be seen as me show you a few pictures of what Resources, U.S. Senate, Washington, DC. the primary responder to these types of inci- these seas look like. And it would still DEAR MR. CHAIRMAN: This is in response to dents. not be as reliable or as fast as a simple your letter of July 21, 1998, in which you re- We hope the above information is helpful. alternative of a one-lane gravel road. quested answers to the following questions We appreciate your continued interest and regarding the capabilities of the H–60 heli- support of the Coast Guard. How many cars do you think you are copters stationed at Kodiak. Sincerely, going to have out of a population of 700 ‘‘What are the operational minimums of JAMES M. LOY, people in an isolated area going over the H–60 helicopters stationed in Kodiak in Admiral, U.S. Coast Guard, Commandant. that road a day? Three? Four? I do not terms of weather, visibility, and such?’’ Al- Mr. MURKOWSKI. This is a quote: know. Hardly enough. That is what you though Coast Guard aircraft routinely fly are looking at. missions in extremely challenging weather The Coast Guard is a sea going service. Our personnel are trained and equipped to oper- How would you like to take a ride on conditions, they are subject to certain oper- that? I can tell you, 90 percent of the ational limitations. The pertinent oper- ate in the maritime environment, which ational limitations of the H–60 helicopter in- poses very different challenges from those people in this body would be hanging clude the following: minimum take-off visi- faced by shore-side responders. For the Coast over the side, deathly seasick. They bility of one-quarter statute miles for search Guard to take on the additional responsibil- would hope the boat would roll over and rescue missions and 60 knots of wind for ity of responding to shore-side medical evac- and sink. But that is the access that we aircraft startup. uation would require a fundamental change have. And this is what is proposed to be ‘‘Is the H–60 an efficient helicopter in in the way we do business, a substantial in- some kind of a sea link at a cost—who mountainous terrain with extreme turbu- crease in funding, and a complete reevalua- tion of our asset siting. knows what it costs. lence?’’ The Coast Guard’s H–60 helicopters We have had long debates in this are optimized for low level flight in the mar- Mr. President, on a more somber mo- body over the years about access to itime environment. As such, they are re- ment of reflection, the men and women quired to avoid areas of moderate turbulence health care, haven’t we? Nowhere does of the Coast Guard are brave souls. I this take on a more dramatic meaning or greater. served in the U.S. Coast Guard. I am ‘‘Do Coast Guard pilots receive flight than King Cove. And when I say ‘‘ac- training for land-based missions in moun- very proud of that body and proud of cess,’’ this means the actual physical tainous terrain?’’ Coast Guard pilots do not the time that I served our country. ability to get to a hospital in a hurry, receive any formal mountainous terrain Men like Kevin M. McKracken from whether it be Anchorage or Seattle, flight instruction, although some units oper- Springfield, OR, 25 years old; William WA, to get specialized health care ating in higher elevations have developed in- Gregory Kemp, 27, of Docena, AL; needed in the event of a serious emer- house briefings to remind their pilots of the David Rockmore, 52, of Cambridge, PA; gency or sickness. Right now, the resi- inherent dangers of flying in mountainous Ralph King, 24, of Arden, NC; Michael areas. dents of King Cove simply do not have ‘‘Are shore-side civilian medical evacu- C. Dollahite, 38, of El Paso, TX; and that access. ations part of the statutory authority and/or Robert L. Carson, Jr., 38, of Bostic, NC, We have had other debates about ac- primary mission of the Coast Guard?’’ Shore- all of whom perished, they all died, Mr. cess across public lands. And I always side civilian medical evacuations are the President, in a Coast Guard helicopter go back to a conversation I had with statutory responsibility of the National crash during an attempted medevac the Secretary of the Interior, Sec- Highway Traffic and Safety Administration. rescue on Ugak Island in Alaska. They retary Babbitt. He said, ‘‘If you folks Although not a primary mission of the Coast crashed, Mr. President. have a need, show me an area where Guard, we sometimes become involved in That is the harsh reality of the dan- you need access across Federal lands, these types of missions when assets are ger of those who are prepared to give so available and our assistance is requested by and I’ll work with you.’’ I cannot think an appropriate organization. much for the benefit of others. You are of a greater need or an area that is ‘‘If a Coast Guard helicopter was on a mar- not just talking about sending a heli- more easily identifiable where we need itime mission and a medical evacuation at copter willy-nilly 300 miles, you are access across Federal lands. And I King Cove was required, would it abort the talking about a tough set of facts here, would encourage him to reconsider. maritime mission?’’ The decision to divert Mr. President. I believe that we have shown in this from a maritime mission to a shore-side I have had discussions with the Sec- case we have a need. For some reason medical evacuations must be made on a case- retary of the Interior. He may be will- or other, those in the administration by-case basis, considering both the severity ing to generalize on the issue of danger of the shore-side medical condition and the do not seem to support our plea that nature of the maritime mission. and the fact that the helicopter is an this is a matter of life and death to our ‘‘To what types of medivacs would the answer. But, you know, where do you constituents as well as American citi- Coast Guard respond? Would a compound get the appropriations for a heli- zens. I find it terribly disturbing that S11248 CONGRESSIONAL RECORD — SENATE October 1, 1998 where human life and safety issues are The PRESIDING OFFICER. The Sen- King Cove who have come to their of- at stake, we see such an orchestrated ator has used about an hour. fices, to recognize, indeed, how they effort to distort the facts by well- Mr. MURKOWSKI. It is my under- would respond if it were their constitu- meaning people fronting for special in- standing that there are 6 hours equally ents, and recognize that there is a via- terest groups, most of which do not divided. ble alternative here, and that is a sim- give a darn about the people in King The PRESIDING OFFICER. The Sen- ple road which is a win-win-win—the Cove or their plight, that through some ator has 2 hours remaining, yes. environmental communities and the idealistic interpretation they have Mr. MURKOWSKI. I want to make wilderness—because we are adding 580 taken this on as a cause. They fail to one more point, and then I will yield to acres to the wilderness and we are not recognize what a gravel road is, fail to my colleagues who are in opposition. putting a road through the wilderness. recognize we are not setting a prece- I noted an article in The Hill, one of We are doing a land exchange and put- dent, fail to recognize we are not put- Capitol Hill’s weekly papers, on Sep- ting that road through a refuge. ting a road through a wilderness. tember 30. It amazes me because this is It will be my intent to talk a bit It is amazing, when you think about part of the problem we have, the fail- more a little later, because I am sure it. Here is the health and safety of my ure of those who are in opposition—in some of my friends may have some constituents. And I am not going to this case, a letter from a senior vice questions or I may have a rebuttal. stand by, and let some of these special president of public policy of the Na- With that, I thank the Chair for the at- interest groups control the agenda, and tional Audubon Society. tention. In deference to my colleague, I ignore the viability of what we are pro- It is entitled ‘‘Murkowski’s Bond recognize we had conversations rel- posing—no Federal funding, simply a Proposal is a $30 Million Boondoggle.’’ ative to the merits of this and I know, land exchange. I do not believe any It is to the editor. He says that the pro- obviously, there is pressure by the ad- Member of this body would stand by posed solution of ‘‘a road to life,’’ as ministration on this particular issue. I and let their constituents face such this Senator suggests: take that in the spirit under which it is conditions. There is not a shred of evidence [in the going to be communicated. When we think about it, what does writer’s opinion] that a road will provide re- I yield the floor. wilderness connote? Safety. Wilderness liable, safe, medical evacuation in areas Mr. BUMPERS. I yield the Senator connotes refuge. So in making every prone to avalanches, blizzards, white outs, from Montana such time as he may effort to protect the environment and dense fog, and extreme air turbulence. consume. The PRESIDING OFFICER. The Sen- the surrounding ecosystem in King I answer, very simply, that the roads are there now. The roads are passable. ator from Montana is recognized. Cove, Congress unintentionally endan- Mr. BAUCUS. Mr. President, I begin gered the lives of those living in King You might have to slow down. This is not tremendous areas of concentrated by first thanking my good friend from Cove when it created the wilderness Alaska for bringing this up as a free- area. snowfall. The problem is extreme tur- bulence associated with moving an air- standing bill. One of the objections I So, what we are doing in Senate bill had earlier with some of the riders in 1092, with my amendment, is righting a craft through the skies during those terrible storms. So the roads are there the Interior appropriations bill first on wrong by authorizing the one thing the merits of those provisions of the that we all take for granted when we now. He goes on to say: bill which I think in many cases were are injured or when we want access, ill-advised. and that is a road. We do not want a In fact, this single lane, 30-mile, $30 mil- A second objection I had to the riders paved highway, we want a little gravel lion gravel road is a taxpayer and environ- mental boondoggle. were just that, they were riders on an road—that is it—a road to safety, Mr. appropriations bill; that is, measures President, a road to life. That is an outright lie. That is an which have very significant public pol- Fourteen people have died. You know outright lie. We are not asking for $30 icy implications and very significantly why they have died? Because there has million. We are not asking for a red affect our country, many of which had not been a road. Fourteen people in the cent. This is how this issue is por- no hearings. It is true one or two may community of 700, 710 people. These are trayed to the American public—‘‘30- have had hearings, but, by and large, Aleuts. They have been there for 5,000 mile, $30 million gravel road is a tax- the riders did not have hearings. Here years. How many more lives are we payer and environmental boondoggle.’’ we are, taking them up and passing going to be sacrificing for the bureauc- A cool $1 million per mile. them without an adequate opportunity racy to study alternatives until they That road isn’t costing $1 million per for debate. can be provided with the access they so mile, and we are not asking for Federal The American people, rightfully, get rightly deserve? funds. They mischaracterize it. Why, a little upset when Congress does not They have paid for this access, Mr. Mr. President, can’t we have a debate in the full light of day debate the pros President, in blood. And this is an ac- on the merits without misleading the and cons of issues, and fully air these cess that you and I take for granted people? issues. They don’t like it when riders daily. The designation of ‘‘wilderness’’ Talk about the bird habitat—I appre- are slipped into an appropriations bill. was never meant to prevent people ciate and am sensitive to it. This road I might add, there will be a lot more from safe access to medical care, and I is not going to interfere with that any- slipped in before this Congress adjourns think we would all agree it would be more than we have seen roads in in the next 10 days. absurd to argue otherwise. Cordovo or roads in Juneau interfere. I very much thank my good friend My constituents, your friends, some The fact is that we are only talking from Alaska for bringing this up as a of the people that you have all met about a population of 700, and the roads freestanding bill. That is what we are with, the Aleut people who visited in already exist in the wilderness. supposed to be doing here, debating Washington, DC, I think deserve an op- He suggests an all-weather boat am- issues, what the pros might be, what portunity to save their lives in times of bulance could effectively back up this the cons might be, and have a debate emergencies. They should not be held facility. I think you have seen the pic- and see what makes sense and then hostage to fear for life and limb by an ture. You have seen, also, the people vote. That is the legislative process, administration or a Congress that who have perished. He talks about a the way it is supposed to work, and somehow is carrying the water for ‘‘life-saving boat’’ plan as a solution. certainly the way the American people some of the righteous self-interest He doesn’t mention the bay freezes. would like it to work in our democratic groups. This is the situation we have. Again, it is a case of somebody who form of government. In the end, those who vote with the has never been there, never experienced Senator, I thank you very much. I people of King Cove may or may not be the isolation, what it means to be want you to know that I very much ap- on the winning side of this issue but without access. Clearly, there is an al- preciate your bringing this bill up as a they will certainly be on the right side ternative. We suggested it in this legis- freestanding bill. That is good. I wish, of the issue. lation. frankly, that the other riders in the ap- Mr. President, how much time have I Again, I encourage my colleagues to propriations bill would be brought up used? reflect on the appeal of the people from in the same manner. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11249 I might say at this point those who small facilities to help people get bet- open because of drifting snow. I have a are opposed to the riders have not had ter health care when they cannot im- letter here. an opportunity to move to delete them. mediately get to a hospital because (Mr. ROBERTS assumed the Chair.) That is because the appropriations bill they are so far away, because of bad Mr. MURKOWSKI. I wonder if my has been withdrawn. It is no longer weather, or whatever the cause. friend will yield for a question on the under consideration before the Senate. Sometimes we try helicopters and snow. So at least we have an opportunity to the medevac, but often in bad weather Mr. BAUCUS. When I finish this let- debate one of those provisions, and that is dangerous; it is not always a ter. This is a letter from a resident of that is the Izembek Wilderness issue of sure thing. We are also adding a lot of Cold Bay. She says: ‘‘As a lifelong resi- the King Cove—Cold Bay matter. I telemedicine, as many States are, for dent of this area, I have some great thank the Senator for doing that. rural areas. Telemedicine has a very concerns with the proposed legislation Turning to the merits, on the sur- significant role in helping to provide . . .’’ She talks about the 25 mile pro- face, the argument of the good Senator better health care to our rural commu- posed road. ‘‘When we are having in- from Alaska makes some sense. It has nities. Is it the sole answer? No, by no clement weather, are we to believe a some merit. After all, we are talking stretch of the imagination. But more vehicle could drive 27 miles in whiteout about two very remote rural commu- and better telemedicine will provide conditions, drifting snow, and winds?’’ nities, Cold Bay and King Cove. They better health care to a lot of areas. She says that she lived 31⁄2 miles out of are not very far apart in miles, but So I want to say to the Senator that the town of Cold Bay for 4 years with they are quite far apart in terms of I do sympathize with the need for so-called ‘‘road access’’ to Cold Bay. weather. There is a big bay between health care in rural areas. It is a prob- During the winter, she says she spent the two. They are different also be- lem. But we have to ask ourselves, as many months stranded at home, or in cause of the weather. When people are almost always is the case, what is the town, depending upon where she was injured in King Cove, sometimes they best way to get health care to rural when the storm came. She says that may need to get to a hospital up in areas? the drifting snow would be so bad that Cold Bay. It is very understandable. I In the first place, it is not clear that it would take days—that is probably a appreciate that. the road is the only option for provid- slight exaggeration—to get the 3.2 In my State of Montana, we face the ing better health care to the residents miles plowed enough to be passable. same problem. Very often in rural in King Cove, or even the best option That is not the only letter we have parts of my State people want access for providing medical emergency serv- received. Here are some more letters to medical care. They don’t have good ices. from citizens from Cold Bay, AK. They access. I might remind my good friend A few years ago, the State of Alaska say that in poor weather conditions, from Alaska he and I cosponsored a bill began a comprehensive study of trans- such as blowing snow and freezing rain, to grant telemedicine capability to portation between King Cove and Cold road travel becomes equally treach- rural States. In fact, we have both Bay. It was a major study. That study erous. On the Alaska peninsula they stated that Montana and Alaska des- is now examining three major alter- could only make the road passable sea- perately need better rural health care natives to tie the two areas together. sonably. That is their view, and they access. We have the same problem One is improved air transport. Another live there. They talk about an alter- Alaska does. is better marine facilities. The third is native, which is mentioned in the Alas- We also have crashes of medevac hel- a road. I have a copy of it here. It is ka report—a small ferry system—and icopters in Montana, just like the Sen- the King Cove/Cold Bay Transportation improving the dock facility at Cold ator from Alaska referred to in his Improvement Assessment, prepared by Bay. They go on to say that this has State. We have mountains. Health care an Alaskan company in Anchorage in been studied for a while, and with access is very important. I deeply sym- cooperation with Northern Economics, state-of-the-art navigational aids, ma- pathize with people in King Cove, as Anchorage, AK, dated November 1997. rine transport is probably more reli- well as those in Cold Bay—particularly This is a draft assessment of transpor- able. I might say, that is probably true those in King Cove, who need access to tation needs conducted by the State of in one respect. That is because, actu- health care. As I understand it, 11 peo- Alaska, to determine better access to ally, the weather in the bay is not as ple have died in plane crashes in the rural areas in Alaska. locked up with ice or as cold as we general area. In one case, four people When it comes to emergency medical might be led to believe. I will get to were killed in one emergency medical transportation, I must say that even that in just a second. evacuation. The other people lost their this preliminary study shows that I have now a letter from a doctor. He lives due to reasons other than medical there is no single silver bullet. There is comments on the road alternative. He evacuation. no panacea that is going to solve the is commenting from the point of view We have the same problems in my problem the Senator addresses. After of medical services in King Cove. Basi- State. Many times, in Montana—and I all, bad weather is bad weather— cally, he says that while flying is obvi- am sure this would be true with respect whether it is high winds blowing to ously potentially hazardous, the pro- to the proposed road, and it is true in make air transportation difficult, or posed road in an Aleutian storm or Alaska where there are roads—the whether it is wind blowing snowdrifts blizzard could be equally hazardous snow drifts. In the State of Montana, over a road. And I must say, many days when one considers nearly zero visi- we don’t get a lot of snow, believe it or of the year on this proposed stretch bility, the absence of other traffic, the not, Mr. President. There is a general that we are talking about here, it may long distance through very isolated myth in the country that, in Montana, be impassable; there are snowdrifts. country and, of course, the ever- it is cold and we get all kinds of snow. Sure, we have to get more highway present winter danger of avalanches. Our average precipitation, including equipment out there to open up the He went on to say that he is strongly rainfall and snow, is about 14, 15, 16 roads in the winter. Sometimes that recommending several measures which inches a year. We don’t get a lot of can be done quickly, but sometimes would result in a marked decrease in snow. not. An emergency is an emergency. the number of medevacs. What he We are not like Buffalo, or like the Many times, in my State, roads have thinks would be more reliable in the snowbelt up in northern New York. We been impassable for long stretches of event of emergencies necessitating don’t get a lot of snow. But when it time—close to a day—because of snow- medevac would be, foremost, the imple- does snow, it very often blows and drifts. I would guess that the same mentation of state-of-the-art telemedi- drifts, as I am sure is the case in the could probably happen along the road cine. He goes on to say that another State of Alaska. It is those drifts that we are talking about here. Indeed, if option that would circumvent the haz- stop the traffic, that cause people in you talk to residents who live in the ard of avalanches and of isolated high- smaller communities great difficulty area and who have written letters op- way transportation would be a state-of- in getting to a hospital. For that rea- posing this proposed road, that is just the-art ferry system. son, we have a lot of medical assistance what they say. It is very hard during That is just one view of one doctor facilities around the State. They are certain times of the year to get a road who lives in Alaska. I am not saying it S11250 CONGRESSIONAL RECORD — SENATE October 1, 1998 is conclusive or determinative, but it is That means we have two studies in both those communities think that a view of a doctor in Alaska. going on. One is the State of Alaska maybe they should combine schools I think we all agree telemedicine study, and the other is the Army Corps and have one school instead of two. helps. I think we all agree that tele- of Engineers study. At the very least, I After all, there are about 700 or 800 peo- medicine is not the total solution. In think it is premature at this point to ple in one community; that is, King fact, just in June of last year, I was authorize a road. Rather, we should Cove. There are about 100 folks, as I very proud to have had the Senator wait and see what the studies come up understand it, up around Cold Bay. from Alaska join me when we intro- with. Otherwise, I just think we are Why not? It makes sense to maybe duced the Rural Telemedicine Dem- wasting taxpayers’ money, particularly have one school, and maybe the same onstration Act. We want HCFA to the Army Corps of Engineers money, if health care facility, and maybe share spend up to $2 million, if we can find we are going to decide what the solu- power generation or the public works the funds, for computer-assisted medi- tion is in advance. facility. The Alaska report says that cal information for Alaska and Mon- It reminds me of ‘‘It’s Your Money’’ this will reduce the cost of living in tana, two rural States that contain on TV. We spend $700,000, and the State these communities. most of the remote and frontier health of Alaska spends State money, to study The first purpose of the study is to care locations. Senator MURKOWSKI a solution. But, before the studies are reduce the cost of living in King Cove says that telemedicine has already done, the money is down the drain be- and Cold Bay. The second purpose is to proven to be cost effective and a prac- cause Congress steps in and decides improve safety and convenience of tical answer to the Alaska dilemma of what the solution is going to be. travel between King Cove and Cold how to provide modern health care in a Mr. MURKOWSKI. Will the Senator Bay. That is No. 2. vast geographical area, an area com- yield for a question? We talked a little bit about safety. pletely unconnected by roads and with Mr. BAUCUS. Sure. You might note that point No. 2 says access only by airplane, snowmobile, or Mr. MURKOWSKI. I would like to convenience—not just medical safety, dogsled. point out again, relative to the snow, but also convenience. Telemedicine is helpful. It is not the that the question was brought up by The third purpose, I might add, Mr. total solution, by any stretch of the the Senator from Montana, suggesting President, is really the most interest- imagination, but it is very helpful. that because of his opinion on the ing. The third purpose is to strengthen There is no single bullet. There are amount of snowfall that occurs in Mon- regional economic development. King Cove—that is on the lower part problems with all forms of health care tana, we must have that same condi- of the map—is a major hub of the fish- assistance in very remote rural areas. tion. But isn’t it rather unusual, the ing industry. It has extensive fish proc- The State of Alaska, I might say, is U.S. Fish and Wildlife Service, in their essing facilities. But it doesn’t have an studying different options right now. notice of extreme weather, notes airport capable of handling large cargo They have not reached a conclusion as ‘‘wind, rain, and fog, drizzle, overcast planes. Cold Bay does. That is the big to what the best option would be be- skies.’’ Isn’t it unusual that it would difference between the two. Cold Bay tween King Cove and Cold Bay. One op- omit ‘‘snow’’? And in fact the reality has no deep-water ports. King Cove is tion is Coast Guard air evacuation heli- is, there is very little snowfall in that just the opposite: deep water, no air- copter. Helicopters work sometimes; area. I can’t tell you how many times— port. Therefore, the construction of a they don’t work sometimes; it depends I am sure you have gone to the airport road between King Cove and Cold Bay upon the weather. by car and found out that the airport is would provide a significant economic Another option is improved port fa- closed and you had to drive someplace benefit to the fishing industry and to cilities and special marine ambulances. else. the local economy. This doesn’t always work, but it works Mr. BAUCUS. That has happened to Let me read from the State of Alaska very well sometimes. And another is me many times. initial study: telemedicine. We all know that ad- Mr. MURKOWSKI. You can’t do that A stronger, more reliable transportation vanced telemedicine is going to be if you live in King Cove and Cold Bay. link between the two communities would fa- quite helpful in more rural areas. Mr. BAUCUS. If I might answer the cilitate the movement of fresh fish between I want to underline that this study Senator’s question, I am not saying King Cove docks and the marketplace, allow- by the State of Alaska on what the that, just because the roads in Mon- ing fresh fish from the processing plants in best transportation option would be be- tana are often impassable because of King Cove to be on a plane bound for any- tween King Cove and Cold Bay is not snow, the same must be true around where in the world within hours. complete. It is underway right now. The cost of shipping would decrease as King Cove. I am saying that is the would delays, inconvenience and uncertainty The State of Alaska is trying to deter- opinion of a good number of residents. caused by transportation modes that are ex- mine, itself, what the best way would That is what they say, that very often pensive, inconvenient and dangerous. This be to provide the best access between snow conditions make the roads im- would open up new markets and increase the those two communities. They are look- passable. competitiveness of the Alaska fishing indus- ing, obviously, at effectiveness. They Mr. MURKOWSKI. The U.S. Weather try. are looking at cost. They are looking Bureau notes that Cold Bay is the third And later the study notes that com- at the environmental impact. most windy city in the United States; mercial fishermen support building the You don’t need to pass this bill be- the third most rainy, with 226 inches; road because the road ‘‘will provide the fore us to complete the evaluation and it is the cloudiest; and for 305 days most economic, reliable, flexible and process. You only need to pass the bill a year it is cloudy in King Cove-Cold convenient means of moving their if you have already decided to build the Bay. product to an airport’’—that is up in road. But we should wait to see what Mr. BAUCUS. Mr. President, I would Cold Bay—‘‘capable of supporting 747 the study says before we go ahead and like to point out what the State of operations.’’ That is, airplanes, 747s. build this road. Alaska study is really all about. I can understand why the people In addition, there is another study I have here on this chart the basic down in King Cove would think a road going on to address this same problem. purpose of the State of Alaska study— is a good idea, to promote economic de- In the transportation appropriations determining what the best solution velopment. Again, the study says that bill passed by this body, the senior would be in terms of access between improved transportation has three pur- Senator from Alaska included a provi- King Cove and Cold Bay. Let me just poses—one is improving the infrastruc- sion for another study of transpor- show you what they are. ture, the second is convenience and tation access. This is a study that The first purpose of this study is to safety, but the third is economic devel- would be done by the Army Corps of reduce the infrastructure maintenance opment. Safety is only a very, very Engineers. The Senator from Alaska and operation burden. It doesn’t say small part of the study here. We were provided about $700,000 for a study by anything about medical needs or medi- led to believe it is about the only rea- the Army Corps of Engineers to deter- cal safety. son, but the fact is, the real driving mine transportation access needs and The point here is that these are two force here is not safety. The real driv- solutions in Alaska. separate communities, and some folks ing force here is to get fish that are October 1, 1998 CONGRESSIONAL RECORD — SENATE S11251 processed down in King Cove up to the line, in Alaska—has about 1,800 flights build a road through it. Of course it is airport so they can improve market ac- a year between King Cove and Cold a road through wilderness. They say, cess around the world. Bay—1,800 a year. So planes do fly in just take these lands out of the wilder- Now, there is a huge processing plant and out from the area; that is, King ness. That is what the bill says. In ex- down in King Cove. It is one of the Cove to Cold Bay. change you get some other area. largest in Alaska. That processing The study also points out that there The use of the land in exchange, the plant processes, I think it is about 38 is no greater need for air emergency net 580 acres, is land that is already re- to 40 million pounds of fish a year. transportation here than in other stricted under the Alaska Native The company is Peter Pan, which has places in Alaska—no greater need. Claims Settlement Act. So there is no the big processing plant down at King That is in the Alaska study. Essen- gain here. The net effect of all this is Cove. I am reading now from the study, tially, as I said, Pen Air now makes still a road through a wilderness refuge the Alaska study: more than 1,800 one-way flights be- system. That is the net effect here, With improved access, major freight move- tween these two communities each that is what we are doing. ments from King Cove to Cold Bay would year, and they have had three acci- Let me just address, briefly, why this likely consist of fresh fish and seafood from dents over 20 years. The State has con- is so important. We are now talking the Peter Pan plant. Discussion with Peter cluded that the accident rate is still Pan’s staff suggests that up to 5 percent of about a wilderness and refuge system their product may move into the fresh mar- low and that—this is the State’s con- that is extremely important. In fact, it ket if good access is available to the Cold clusion—‘‘that the residents of King is critical. It is critical resting and Bay airport. Although Peter Pan’s total pro- Cove are in no greater danger than critical feeding ground for migratory duction volume is proprietary information, other Alaskans who rely on air trans- waterfowl. It is absolutely critical. it is estimated their total product volume is port.’’ This is Alaska, Canada, United in the 30- to 40-million pound range. Employ- So again to review, No. 1, the State is States and Russia. These are the Arctic ing the 5-percent estimate provided by Peter doing the study. There are many alter- breeding grounds. Pan suggests that ultimately approximately natives under review, and air evacu- Let me back up. This little red dot 1.5 to 2 million pounds of fresh fish could ation is relatively safe. But there are move to Cold Bay annually. Packaging and here is the area we are talking about, other driving forces here that are push- jell ice would add an additional 15 percent, the Izembek Wilderness area, the ref- ing for the road, which brings me to for a total gross weight of about 2 million uge wilderness area now in question. It my final point—the environmental im- pounds. is the major stopping ground for many, pact of building a road through the I don’t know how much you can put many birds. Why? It is very simple. Izembek Refuge and Wilderness. in a truck. Some say about 10,000 Birds come up from the south. Let pounds. That means that if this road is As has been noted, Congress has often adjusted wilderness boundaries. We me mention what some of them are. built, there are going to be hundreds of One is the Black Brant, 150,000 land trucks full of fish on this road to get have done it to correct mistakes. That is usually when we do it. We have ad- here in the spring and fall; the Em- out to the Cold Bay airport. peror Goose, 100,000 in the spring and This report also goes on to say that: justed wilderness boundaries because we have passed a wilderness bill and we fall. Let me say, all of the world’s Em- Forthcoming individual fishing quotas for peror Geese land here; all of them. All halibut and black cod, additional market ef- made a mistake. We go back and adjust a boundary to correct the mistake. We the world’s Emperor Geese stop here at forts by Peter Pan could increase the the Izembek Refuge and Wilderness. amount by 25 to 50 percent within 3 to 4 have done it to accommodate preexist- years. ing uses that have been overlooked. All the Pacific Black Brant stop there; all of them. Then there are Canadian So that is what is happening here That has happened a couple of times. Geese; 85,000 stop in the fall; Stellers —and I understand it; if I were in King We have also adjusted wilderness Eider stop in the fall and winter. Cove, I would want the same—a large boundaries to provide access to Shorebirds, 31 species, 300,000. fish processing plant wants to road- inholders as required by law. But as far haul their product, about 2 million as I know, Congress has never author- ‘‘Why do they stop there?’’ you ask. pounds of fish a year, to the airport. ized the construction of a road through What is so special about this location, My calculation comes out to at least a wilderness area to connect two points this place? I will tell you what is so 200 trucks, maybe more, a year, and outside the wilderness area—never. special. It is a wetlands. It provides add to that all the other folks who are So the passage of this bill would set food. These birds, amazingly, have going to be traveling on this road. a very important precedent. You would flown, some of them, all the way to This is no small matter. This is not say it is OK to construct a road Australasia, a long way. And some of just emergency medical access to a through a wilderness area connecting these birds go to Mexico. That is the hospital. That is not the issue at all. In two points. The argument we are hear- Black Brant. The Canadian Geese go to fact, I have other data that show, again ing is that this bill will not lead to the the Pacific Northwest. Shorebirds fly from the Alaska study, there have been construction of a road through a wil- as far away as Patagonia. Can you be- no fatalities in air evacuation in the derness area, because we’d be taking an lieve it? Birds that nest and stop off to period of time studied; 95 percent got area out of the wilderness, transferring feed and fatten up so they can fly, fly to the hospital from King Cove within it over to the refuge, then building the as far away as Patagonia and come 24 or 48 hours, 75 percent of the road through where the wilderness was back to Izembek Refuge. It is amazing. medevac transports from King Cove to and saying, gee, we are not building a Basically, the birds come up, say, in Cold Bay had no delay. road through a wilderness. the spring. They stop here to fatten up, And I only use these dates, these pe- Well, that is absurd on its face, Mr. to restore their energy after the long riods, because that is the data in the President. Of course we are building a flight from the south. Then they go up Alaska study. I don’t have any more road through wilderness. On the map, further north. This is the breeding current data or different data. Again, as presented by my good friends on the grounds up in the Arctic area where the data shows that with respect to other side, there is wilderness. There is there is not as much food. It is good medical evacuation to King Cove, Jan- a road through the wilderness. So we breeding grounds area, but there is not uary, mid-January, 1996 to near the end are building a road through wilderness. as much food. After the birds have of June 1997, total medevacs were 20: It is pretty simple. It is not rocket bred, they fly south. They have to stop No delay, 15; 3- to 4-hour delay, 4; 24- science. This is about a road through a again here in the fall of the year when hour delay, 1. wilderness. the summer is over to stock up again, Not perfect but not too bad. And It is also through a very, very impor- get some food for that long flight to most of the air accidents that occur tant wildlife refuge. Again, here is Patagonia, Australasia; these long, near King Cove have really little to do King Cove down here, and Cold Bay is long flights. So this refuge is very, with medevac. There are other acci- up here. The road would go through very important. dents that have occurred. this area. The wilderness section is Essentially, I would like to remind And I might say, too, that Pen Air— right here. The proposal is to make all of us really what is at stake here an airline, probably a commuter air- this no longer wilderness and then and what is happening; namely, No. 1, S11252 CONGRESSIONAL RECORD — SENATE October 1, 1998 this bill is not needed. Why? Because ies. They will probably come up with allow a land exchange to make way for con- there is a study going on, a study to some better ideas than we have already struction of the road. try to find the best alternatives, what come up with so far today. We do not But the road would pass through part of the Izembek National Wildlife Refuge, a crit- is right. have to wait that long. The medevacs ical staging area for hundreds of thousands No. 2, the driving force here is really are working. There are all kinds of of waterfowl and birds and home to caribou commercial. That is the driving force. ways to address this. Let’s let discre- and bears. There is a very large fish processing tion be the better part of valor here Conservation groups oppose the proposal, plant down at King Cove. They want to and not adopt an amendment at this saying it would irreparably harm wildlife get their fish to Cold Bay. I understand time. Wait a while and then get the habitat and set a precedent for building that, but it is not emergency medical roads through other wild places. best result there. I yield the floor. ‘‘This is the most important wetlands area evacuation. That is not the reason. The PRESIDING OFFICER. The dis- in Alaska,’’ said Deborah Williams, the Inte- And, No. 3, this road is going to very tinguished Senator from Alaska is rec- rior Secretary’s special assistant for Alaska. seriously disrupt these birds’ nesting ognized. The issue is shaping up as the biggest envi- grounds. Why? If there is a processing Mr. STEVENS. Mr. President, I want ronmental fight in Congress this year. plant down here and, as I mentioned— to encourage Members to read this ar- The White House has already issued a stern you do the calculations. According to ticle, a story about the hardships en- veto threat and the proposal could stall the the study from Alaska, there may be a Interior Department’s entire $7 billion budg- dured by the people of King Cove, and et. couple of hundred trucks, at least I ask that it be printed in the RECORD. Sen. Ted Stevens, R-Alaska, who chairs added on, traffic back and forth, and There being no objection, the article the powerful Senate Appropriations Commit- then you could have more 747s. The was ordered to be printed in the tee, said he is ready for a fight. Alaska study says the purpose of this is RECORD, as follows: ‘‘If anyone in this Senate votes against me, this is one I will not forget,’’ Stevens warned to fill 747s. That is what the Alaska ROAD WARRIORS: COMMUNITY ENVIRON- study says, the 747s in Cold Bay. I at a subcommittee hearing in late June. MENTALISTS BATTLE OVER ROAD THROUGH Thousands of miles from the looming might be wrong, I say to the quizzical REFUGE showdown in Washington, caribou graze in look of my friend from Alaska, but (By Maureen Clark) the hilly tundra, dotted with lakes. In the that is what the study says: 747s. They KING COVE, ALASKA (AP).—On this blustery foothills of the mountains, bears feast on may be wrong, but that is what the spit of sand, surrounded by treeless moun- berries and salmon, fattening up for the ap- Alaska study says. tains that rise out of the Pacific Ocean and proaching winter. So it is really to connect these two disappear into the clouds, a medical emer- A quarter of a million Pacific brant, towns commercially, for convenience gency can take on formidable complications. Steller’s eiders and emperor geese are arriv- and so forth. That might be a good Mariene Newman still gets a knot in her ing in the refuge in waves on their fall jour- ney south. thing to do. It might not. Let’s wait stomach when she talks about the three-day wait to get to a hospital after her daughter, More than 186 species of birds use the la- until we get the study and see what the Arlene, then 5, broke her arm while doing goons that lie just offshore. Many depend on study says. cartwheels six years ago. the abundant eelgrass and berries for critical Remember, this is very serious busi- Fierce winds were funneling through the nourishment during their long migrations. ness here. It is potentially setting the mountain pass where the community’s small ‘‘Nothing compares to this right here,’’ ref- precedent, building the road connect- air strip sits. Planes were grounded. uge manager Greg Siekaniec said as he ing two areas outside of a wilderness Newman watched and waited for a break in waved his arm toward the eelgrass beds of the weather, treating her daughter with Izembek Lagoon and the Bering Sea beyond. area; that has never been done before. About 3,000 people from around the world In addition to that, disrupting a very painkillers and ice packs. Arlene couldn’t keep food down and grew weaker by the day. visit the refuge each year to hunt caribou sensitive population of birds with 747s Finally, Mariene and her husband, A.J., a and waterfowl, watch birds, fish its salmon and other airplanes of that size flying fisherman who grew up in this isolated com- streams and hike its rolling hills. The measure before Congress would ex- in and out much more frequently, be- munity at the tip of the Alaska Peninsula, change 85 acres of refuge lands for 664 acres cause of all the trucks going back and decided to risk the rough seas for the three- adjoining the refuge owned by local Natives, hour boat trip to Cold Bay and its all-weath- forth and often in very impassable con- resulting in a net gain of 579 acres to the ref- er airport. ditions, because of snow conditions, it uge. The proposal would not provide funding By the time they reached Cold Bay, the lit- is going to cause a very significant ef- for the road, which could cost anywhere from tle girl lay limp in her father’s arms as she fect on the wildlife there. $10 million to $29 million. was carried from the lurching vessel, up a 30- I will just sum up and say I thank my Critics say the exchange would remove foot ladder to the dock and taken to a plane land from the heart of the refuge, which has friend from Alaska for bringing this up bound for Anchorage, 625 miles away. been designated as a wilderness area. as a freestanding bill. These riders are ‘‘My heart was just twisting,’’ Mariene a bit of a problem because they are rid- ‘‘It’s a tough sell from our standpoint, to Newman said. trade a corridor for lands elsewhere that are ers, but as a freestanding bill we can Arlene recovered and remembers little of less important biologically,’’ said Allen talk about it and debate it. I appre- her ordeal. Smith, Alaska regional director for the Wil- ciate the Senators taking good care of Mariene can’t forget. ‘‘No one should have derness Society. their State. This is something that to go through what she and I did.’’ Opponents of the road say a modern tele- some people in Alaska want. I under- In this place where 80-mph winds are com- medicine system, linking the village clinic mon in winter and fog can cut off the com- with physicians in Anchorage, coupled with stand that. But this is a national ref- munity for days at a time in summer, many uge. We are talking about a wilderness a marine ambulance and improvements to of King Cove’s 770 residents have similar sto- the dock at Cold Bay, would provide a safe, area. We are talking about a refuge ries. cost-effective alternative to a road. area which belongs to all of us in the They tell of stroke, heart attack and burn But telemedicine won’t help stroke pa- United States. victims who had to wait days to get to a hos- tients, heart attack victims or those suffer- I know the sensitivity that Alaskan pital; of premature babies born on fishing ing from head injuries who need to get to a Senators have. ‘‘Here comes Uncle Sam vessels and cradled in makeshift incubators. hospital, said Leslie Kerr, one of two nurse all the time, here comes Secretary The community learned the hard way not practitioners who staff the village clinic. to take chances with the violent winds. Four And King Cove residents say the stormy con- Babbitt, here comes the Fish and Wild- people were killed when a medevac flight life Service. We in Alaska are told ditions that make air travel impossible carrying an injured fisherman crashed dur- would make travel in a marine ambulance what to do by these outsiders.’’ I un- ing a winter storm in 1980. treacherous. derstand a good bit of that because in A one-lane, 27-mile gravel road to the air- ‘‘In any other place in America, you’d just my State of Montana, 30 percent of our port at Cold Bay would end their isolation call 911,’’ Kerr said. ‘‘We’re just trying to get lands are public lands and most of it is and provide safe transportation in times of closer to what other people expect to re- Federal. I understand that. So we have emergency, King Cove residents say. ceive.’’ to find the right balance here, the right The Cold Bay airport, built during World Even by Alaska standards, King Cove is War II, is the third largest in the state with isolated. Many residents have their groceries balance between the wishes of the resi- its 10,000-foot runway. It has even been des- shipped in by barge twice a year. There is dents of the State of Alaska as well as ignated as an alternate landing site for the one restaurant and no movie theater. People the national interest. space shuttle. like their way of life and don’t expect the My conclusion is the best balance be- A rider in an Interior Department spending amenities that might be found elsewhere, tween the two is let’s wait for the stud- bill that Congress takes up this month would said city manager Gary Hennigh. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11253 ‘‘We’ll never be in the same realm as main- ing grounds for migratory birds. Part wilderness. The whole State is de facto stream America but it can still be as good as of it is a former airbase from World wilderness, but because of an act of circumstances allow,’’ Hennigh said. War II that I will describe. After it was Congress, this area is deemed to be a ‘‘There’s this big runway just 27 miles way. made part of the wilderness area—it is kind of super-duper wilderness, impreg- If there’s an opportunity to make something better, we ought to find a way to make it strange, you make an airbase that has nable by people who are seeking medi- happen.’’ old Quonset huts and roads on it, and cal care. The rhetoric in the debate has grown hot, you say, by the stroke of a pen, ‘‘This We have 57 million acres of wilder- with a haze of charges and counter charges is a wilderness area now, this is a wil- ness in Alaska, and we are talking on both sides. derness area; be careful, you cannot do about 60 feet along 6 miles of the small- Supporters of the road accuse their oppo- anything more in this area.’’ There are est wilderness area in Alaska. nents of valuing wildlife over human life. We see a lot of people come into our The refuge is already criss-crossed with 42 miles of road advertised by the Fish and Wildlife Service as a good place to State from States that don’t have any trails left by 40,000 troops stationed at Cold wilderness at all. They come and say, Bay during World War II, they say. come hunt, but you cannot move the Environmentalists counter that the real boundary 60 feet—60 feet—so we can ‘‘Oh, isn’t it wonderful, all this wilder- reason King Cove residents want the road is build a road outside of that wilderness ness.’’ And they go back and have an- for the economic development it could bring. area and allow these people to come to other group of D–8 cats clear and de- King Cove is a company town. Local fisher- Cold Bay to be transported another 600 velop more of their land, and then they men sell their catch to the Peter Pan Sea- put the money they make from that foods plant, the only cannery in town. With miles from there to get to a hospital. Mr. President, I welcome to Washing- into some organization to be sure they a road to the Cold Bay airport, they could fly protect Alaska from any development. their fish to other markets. ton several of the civic leaders from But Mayor Henry Mack, a fisherman, King Cove. I am sure they are saddened They are so extreme that they say this shakes his head when asked about economic to hear Members of the U.S. Senate 303,000-acre Izembek Refuge, the small- development. With Alaska’s wild salmon los- telling them that their lives and their est one of the 16 refuges in Alaska, is ing market share to farmed salmon from children’s lives are less important than so sacrosanct that it cannot move its Chile, Norway and elsewhere, local fisher- 60 feet along 7 miles of the southern border 60 feet. men would have a difficult time competing Mr. President, as I said, this whole on the world market for fresh salmon, he boundary of this area that has been set aside and called a wilderness area. area of the Aleutian Islands and Alaska said. Peninsula, almost all of it, is refuge ‘‘Our first priority is a safe means of trav- When we first started wilderness, it el. If that’s all this turns out to be, we’d be was intended to include only roadless land. This wilderness area is just a happy,’’ Mack said. areas. It had to be roadless. When they very small part of the 16 refuges in Mr. STEVENS. Mr. President, I am made this into a wilderness area, I ar- Alaska. We are dealing with just super- saddened to come to the floor and find gued, ‘‘How can you do this? How can latives. The Izembek Wilderness alone the Senator from Montana quoting you make that area that is part of the is larger than the entire wilderness from the State of Alaska study. I am airbase into wilderness?’’ They said, areas in most States. That is how equally sad to hear what he gleaned ‘‘We need to round it out.’’ They have small wilderness is in the South 48, but when it comes up our way, we get mil- from it. I wonder if the Senator from rounded it out all right. They have lions of acres at a time. Montana knows that the State study rounded it out in a way that denies Let me tell you a little bit about shows the average flight delay from King Cove access to Cold Bay. King Cove. Everyone knows the Alaska My people up in the gallery are a King Cove to Cold Bay is 8.8 hours. Natives there have survived the cli- long way from home, Mr. President, Does he know the State study also said matic conditions of Alaska for thou- and I do welcome them. I am sure that the best option to solve this problem sands and thousands of years on the they are here to make certain that we is, in fact, the road that I want to dis- Alaska peninsula. They were a nomadic do our job. I do this one very will- cuss? But I am really sad that my people originally. They followed the ingly—very willingly—because I rep- State has not backed the people from caribou and fish and lived entirely off resent a State that has two-thirds of King Cove the way it should have. As a the land. Early in this century, they matter of fact, the Associated Press did its total land withdrawn. I have im- settled into permanent communities, have an article that appeared through- posed the State of Alaska on a map of including King Cove—a fishing commu- out the country. I want to encourage what we call the contiguous 48 States. nity. Some communities built local Members to read this article, the story It is going from Florida in the East to canneries. about the hardships endured by the southwest of Arizona, almost to the The Japanese invaded the United people of King Cove, that I asked be Baja coastline, and from Duluth down States in World War II in only one printed in the RECORD at the beginning to the Texas Panhandle. It is an area area, as we all know, in the Aleutian of my remarks. that is one-fifth the total landmass of Chain. When they invaded the Aleutian I know the graphics cannot appear in the United States. Islands, the U.S. Army built a giant the RECORD, but I hope the Senate will Two-thirds of all of our State is with- base, Thornbrough Air Base, which was understand we are talking about King drawn Federal land. It is there for us to across the water from King Cove. Bat- Cove, which is out at the end of the look at, but we can’t use it without tle accounts will verify the inclement Alaska peninsula. The land on that pe- permission from some bureaucrat who weather and how it played havoc on ninsula is almost entirely withdrawn. is compelled by a law passed by the ex- military operations in that area. There are some native lands on it, but treme environmentalists who come to After the war, the airbase was con- it would not be possible to have a road this floor and say we need to withdraw verted to a regional airport. It is now go out of King Cove to Anchorage by more, we need to protect this more, we Cold Bay, a small town of mostly Fed- land. We are talking about an area that need to come up with some way to pre- eral employees. is isolated by land, an area that is lo- vent Alaskans from living. This is a picture of Cold Bay. As I cated just a few miles from Cold Bay, More than a third of all Federal land said, the airbase is now an alternate which is an alternate landing site for is in Alaska—more than a third of all landing site for the space shuttle. It the space shuttle. the land owned by the Federal Govern- has an enormous number of roads, ap- If you want to talk about 747s land- ment is in Alaska! The land owned by parent on the photograph I am showing ing there, the space shuttle itself can the Federal Government in my State is the Senate, for a small community of land there, just 30 miles from King larger than Texas. The Federally- Federal employees. This is the third Cove. If anybody is worried about the owned land in Alaska would be the largest runway in my State. It remains turbulence and planes landing at King largest State in the Union outside of open throughout the year, rarely clos- Cove, as far as the migratory birds Alaska. It is twice the size of Califor- ing despite having the worst flying coming in the Izembek, I think they nia; 358 Rhode Islands would fit in the weather in the United States. Cold Bay ought to check again. Federally-owned land in Alaska. Be- itself is documented with the worst fly- I argued against this land in its en- yond that, half of the wilderness in all ing weather in the United States. tirety becoming a part of the Izembek 50 States is in our State. A full 16 per- As the cannery and the fishing fleet Refuge. Part of it is nesting and rest- cent of this vast State of ours is called grew, the Native people became more S11254 CONGRESSIONAL RECORD — SENATE October 1, 1998 acclimated to normal American life, they could not get emergency medical complain about having to fly to Ohio and they sought better medical serv- care in a timely fashion. for surgery. They would complain in ices. We created, soon after I came to Christine Dushkin suffered a heart the first instance just in terms of the the Senate, community health aides attack, and then died after crossing the distance between Cold Bay and Anchor- for Native villages. This village has a bay in very bad weather in a fishing age. The people in King Cove can ac- small clinic staffed by a couple of com- boat. She collapsed as she climbed the cept the 600 mile flight, but they don’t munity health aides. Any serious in- long ladder up to the top of the dock at understand why the rest of their trip jury or illness requires medical evacu- Cold Bay. She suffered a heart attack can’t be made easier. ation to Anchorage or, in some in- in King Cove and died before she got to We are talking about the distance be- stances, as far as Seattle. the Cold Bay airport. tween King Cove and Cold Bay. The ad- Like most Alaskan communities, the Cathy Hoff, Darien Gorsinger and ministration and their advisers in the connection between the village and the John Dattoli lost their lives when their environmental community insist that regional airport is by air. Obviously, plane was blown into the side of a a 600-mile medical evacuation neces- there are no roads through the penin- mountain by a gust of wind. They were sity is not enough, that we should sula. Nor is there now a road from King people from King Cove who were trying throw in a 3-hour boat ride in a Pacific Cove to Cold Bay. The circumstances to save the life of Tom Phillips, a Se- storm—maybe more than that, because there, even though King Cove lies only attle fisherman, who had lost his leg in some of them do take longer when the 30 miles from Cold Bay, is that the air- a boating accident in King Cove. wind and sea run against the boat, port at Cold Bay is far, far, far away. I have heard colleagues talk on the tossing it like a cork in the ocean. Thirty miles is a long way when you floor about the morality of an HMO de- The Senator from Montana suggests have to go from by water. That is one nying a child desperately needed health we could use a helicopter. I wonder if of the worst stretches of water known care. At the time I thought about King he knows what the limits on flying a to man—the North Pacific Ocean—be- Cove. Is it moral for environmentalists helicopter are in gale-force winds. We tween Cold Bay and the King Cove. to come to the floor and do the same are talking about the normal condi- Right there—King Cove is here and thing? Is it moral for environmental- tions most of the year going across to Cold Bay is across this body of water ists to oppose giving this isolated vil- Cold Bay—when the weather turns bad, also known as Cold Bay. The purpose of lage a chance to get the kind of medi- as it often does, they get hurricane- this road is to allow the people who cal attention that is available to the force winds. live in King Cove access to Cold Bay rest of the United States? I really think that people who sug- when the weather is so bad that it is A simple broken arm became a life- gest that ought to come out and find a not possible to travel by air or by sea. threatening situation after a 5-year-old volunteer to fly them in a helicopter When it is calm, it is like any place girl went into shock while waiting for across Cold Bay. I would not get in a else. They can take a boat across or fly weather to clear. The shock was from helicopter with an 85-mile-an-hour the short distance. But the weather is the broken arm. She just had to wait wind blowing. I was in Cold Bay once rarely calm in King Cove. and wait and wait for the airplane to when we had to tie the nose of our four- The Native people decided that they be able to get in, and she finally went engine airplane to a D–8 Caterpillar in needed a road for emergencies, when over on a fishing boat once the sea order to keep that plane from being the weather precludes air and sea calmed down sufficiently. blown away in an 80-mile-an-hour wind. transportation. That is what this is, an One King Cove girl was born 2 This is a very serious thing to us. emergency road. I cannot believe that months premature on a crab boat that And as I have told the committee when anyone would talk about trucks and was taking her mother across Cold Bay we started this issue, this is the kind of truckloads of stuff going to Cold Bay in very inclement weather. It was a issue that a Senator never forgets. I on this road. Only a small unpaved dirt very long trip, even though it is only 30 have heard other people say that here road is planned. And the community miles, because of the wind and sea con- on the floor, and I have said it only asked the Federal Government for per- ditions. This little girl was kept alive once before in my life, but we cannot mission to build that 6 miles. They own in a foil-lined shoebox stuffed in a forget this one. This one means so the balance of the land here except for toaster oven while the winter storm much to so few people that unless we the 6 miles. The Government said no. tossed that boat around before they fi- weren’t a State and neither Senator Then they offered a land exchange, nally got to the dock. She lived. She MURKOWSKI nor myself was here, they acre for acre, for the 60 foot right-of- was fortunate. would have no hope at all. This is why way; and the Federal Government said The road to Cold Bay would have al- we fought for statehood, to have the no. They then said, ‘‘Well, we’ll give lowed these children to reach an An- opportunity to come and explain to the you 664 acres in exchange for 85 acres if chorage hospital in hours instead of Senate and the rest of the United you move the boundary.’’ They said, days, Mr. President—hours instead of States what it means to live in Alaska. ‘‘If we can get through here, we will days. As I said, my State study shows, In 1983, we moved wilderness in Mon- give you all of this here and here’’ to in one of the few things they did report tana—in Montana—so the people there add to the Izembek Refuge. It is almost to us favorably for our people in King could drive to a fishing hole. We moved an 8-to-1 acre trade. Cove, is the average flight delay is 8.8 that wilderness farther than we want They specified they would use this hours. That is average. to move this one. road only for emergency use; and they Once the people from King Cove get Last Congress, we moved wilderness further offered to help the Fish and to Cold Bay, they have to fly 600 miles. in Alaska so Natives living in a na- Wildlife Service limit overall impacts You know what that is. That is a flight tional park could use snow machines in of access on the whole refuge. And the from Helena to Colorado Springs; from winter. We were grateful for that. Federal Government still said no. Little Rock to Milwaukee; from Provi- Earlier this summer, 88 Senators Let me tell you why my friends are dence to Columbus. That is just to get voted to allow motorized transpor- in the gallery, Mr. President. Eleven to the hospital. Just to land and then tation in the Boundary Waters Wilder- people have died flying into or out of be taken by ambulance to the hospital. ness in Minnesota. We waived the Wil- the community since 1980. Many more After flying more than 600 miles from derness Act in Minnesota this year. sick or injured have died waiting for Cold Bay. Since when have we placed recreation the weather to clear because they did I cannot believe that a heart attack above the lives of children and people not even try to make the trip. victim in Helena would not be knock- who need medical care? Let me tell you about the people who ing on the door of the Senator from When is the Senate going to start lis- died because they could not even start Montana if that person had to fly to tening to those who come from an area the trip: Ernest Mack and Walter Sam- Colorado to get treatment and was that is closer to Tokyo than it is to uelson suffered heart attacks in King made to take a three hour boat ride in Washington, DC? You don’t know our Cove, and waited days for weather to a raging sea just to make his flight. I land. You won’t listen to us about our clear so they could fly to Anchorage. cannot believe that a person suffering a land and you raise our tempers because Both Ernest and Walter died because spinal injury in Rhode Island would not you won’t listen. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11255 The only roads in this wilderness There was nothing hidden at all. It was lieve in this country. They believe in were there when the wilderness was public knowledge from the very begin- this government. They fight for the created, and it shouldn’t have become ning. Now we have people saying we government. And they wonder, then, wilderness. I told them at the time, as are beginning to kill the Wilderness why does the government abandon I said previously, wilderness by defini- Act by moving the boundary of this them because of pressure groups like tion is a roadless area. Now, the 42 area enough so we can build a 6-mile this? There is no excuse, no excuse, for miles of road in Izembek today are road, 60 feet wide, when the area itself anyone opposing this proposition, in used by my friends who have the already has 42 miles of road in it—the my opinion. money to go out there and hunt every part of the refuge that will be affected I urge the Senator to approve Sen- year. Yet, we are told we should tell by this road. ator MURKOWSKI’s bill. these people to use boats when no ra- I do get excited at times here on the I suggest the absence of a quorum. tional person, except in a life-and- floor when I find there are so many The PRESIDING OFFICER. The death emergency, would leave the dock half-truths and untruths told about clerk will call the roll. in such high seas. We are told to risk what is going on in my State. I think The assistant legislative clerk pro- more air crashes, knowing that pilots we need to know and someone should ceeded to call the roll. who volunteered, knowing the risk, come here and be bold enough to tell us Mr. BAUCUS. Mr. President, I ask have lost their lives. why this gravel road, 60 feet wide, de- unanimous consent that the order for My friend will talk about telemedi- serves to be classified as wilderness, the quorum call be rescinded. cine. No one believes in telemedicine and remain so, despite the loss of life of The PRESIDING OFFICER (Mr. more than I do. But telemedicine can- people in this area. Why is this little HUTCHINSON). Without objection, it is not deliver premature babies. Tele- strip of road more important than the so ordered. medicine cannot perform open-heart lives of Alaskans who have not yet Mr. BAUCUS. Mr. President, I very surgery yet. I hope the day will come died, coming out of that community, much appreciate the comments of the when it can. We can’t use marine am- seeking medical attention? senior Senator from Alaska on the bill. bulances. There is no vessel that I We have a growing tension in our His State and the people in King Cove know of that can cross Cold Bay in a State—I speak of it often—concerning and Cold Bay mean a lot to him, and storm safely, let alone carrying an in- the way we are treated as residents of they mean a lot to us. The junior Sen- jured person. Helicopters will not take a State, compared to how we were ator from Alaska mentioned, and per- off and land in an 85-mile-an-hour treated when we were residents of a haps even some of the residents of King wind. territory. We did not have extreme en- Cove wonder, if we are concerned. I say It is time we stop talking about al- vironmental organizations controlling to these King Cove residents, who are ternatives. By the way, I heard the the administration when we were a ter- either in the gallery watching or lis- Senator from Montana talk about the ritory. We do now. The strongest ex- tening elsewhere, all of us are as con- alternative that I suggested. I sug- treme group in the United States is the cerned about your safety—your medi- gested building the road south of the extreme environmental organization. cal safety and medical health—as the Kinzarof lagoon. This land is all owned It is a direct result of positions taken two Alaska Senators are. Obviously, we by the Native people. They could cross by that group that the administration are; we are all Americans. all the way on their own land, but it has opposed this road and opposed help- It is my feeling that maybe the best would close off entrance to the lagoon. ing these people. way to achieve better medical evacu- When we asked the Corps of Engineers We believe we know how to protect ation and better safety for the resi- and the Fish and Wildlife people to our State and its resources better than dents of King Cove is to complete the look into it, I got the report that such anyone from Washington who flies in, study—the two studies, actually. One a decision would, in fact, create a prob- spends 2 hours on the ground then flies is by your State, the State of Alaska, lem for the few migratory birds who home to tell us what to do—particu- which is vigorously trying to figure out use this lagoon—not the land, but the larly our Native people. They have the best way to address better access lagoon. We have abandoned that option lived with this land for hundreds of between King Cove and Cold Bay. They because it would likely have a greater thousands of years. They honor it. are looking at various options—air op- environmental impact than the road Did you know, Mr. President, that we tions, marine options, road options. we are suggesting. have developed less than 1⁄2 of 1 percent They are looking at telemedicine. They We don’t believe our road will have of 365 million acres? Roughly 18 to 19 are looking at all the various logical any environmental impact with the million acres are occupied by Alas- ways to try to solve the problem. conditions we have agreed to as far as kans, Native, nonnative, military, non- We all know there is no silver bullet, its use. military, cities, towns—1⁄2 of 1 percent. no one alternative that is going to be Now, I think anyone that wants to Much of our lands are wetlands, as a the total solution to make sure that if put a helicopter there and tell the matter of fact. anybody is ill or in an emergency situ- Coast Guard they should fly in such in- Here we are in a situation where dur- ation in King Cove that he or she can clement weather, should talk to the ing World War II there was more activ- immediately get the best possible care Coast Guard. I have, and they declined ity in this area than ever there will be at a hospital in Anchorage, or even as the honor. in the history of the world—an enor- far away as Seattle. There is none. So We are here as representatives of a mous base, planes flying in and out, we have to find the right thing. State that have seen their lands with- troops quartered 30 miles from the cen- The other study that will be con- drawn, withdrawn, withdrawn. The ter of that base. They had more people ducted is a $700,000 study of Alaska ac- land I used to take my sons to every there then than we will ever have on cess issues by the Army Corps of Engi- year to go hunting was withdrawn and this road. In spite of the war, those neers. The study is at least now in the is now a wilderness area. Access to birds survived. Isn’t that strange that transportation appropriations bill. most of my State is cut off on any during the war, we flew planes, we ma- So we have a lot of alternatives here. north-south or east-west axis on the neuvered troops, we had real and mock I think really it behooves all of us, in- ground by withdrawals and wilderness assaults on the beaches, and the birds cluding the residents of King Cove, to areas. survived. I ask the Senate, can’t we be- find the best option. We don’t know yet There is now the spectacle of a lieve that the birds will not be harmed what the best one is because it is a former Member of the Senate, now by people who live with them, but are very difficult problem. It is difficult Vice President, accusing me of burying merely seeking to cross the land in because of the residents’ inaccessibil- this special interest rider deep in a emergencies only? ity to Cold Bay and other parts of Alas- spending bill so that it couldn’t be I urge all of my friends to vote for ka. The Senator from Alaska men- found. I wish he were here so I might this proposition. By the way, the larg- tioned that I suggested helicopters. I debate him on that. It is absolutely un- est group of volunteers to our military did suggest that as one option, but not true. We opened this up in the commit- services in the country per capita are all the time. Many times, helicopters tee. We had a vote in the committee. the Alaskan Native people. They be- make no sense; for instance, when S11256 CONGRESSIONAL RECORD — SENATE October 1, 1998 winds are blowing 85 miles an hour. I I don’t want to get too bogged down rupt a very sensitive national wildlife would not get in one then either. That in all this, Mr. President. The fact of refuge wilderness area where hundreds is not a silver bullet. It is probably a the matter is that our minds are pretty of thousands of birds stop over in the combination of a lot of different well made up. I think it is important to spring and in the fall to feed and store things. make it clear for the record what is up food for the breeding grounds in the No. 1, let’s get the best solution and happening here, what some of the other northern part of Alaska, or to fly not rush to judgment and waste tax- reasons are for what we are doing here. south. payers’ money by throwing two studies Here is a photo. For example, this is The present occupant of the Chair down the drain. a road—if you can see it. It is the kind wasn’t here when I mentioned this ear- Another point I want to make is that of road that would be constructed in lier. These birds fly great distances. the effect of this bill would say we are this area. It is a typical, good-condi- Some fly as far as Patagonia, if you going to build this road. Some say it is tion road in Cold Bay, AK. As you can can believe it, to the Izembek Refuge; a dirt road, some say a gravel road. see, two vehicles can get by each other. to Patagonia and back again and up Well, it is a dirt road, a gravel road. As you can see, trucks could travel this north to the Arctic regions in the sum- But they are trying to convey the im- road; tractor-trailer trucks could cer- mer to feed. pression that it is pretty small, no big tainly travel this road. I urge Senators, the better option is deal. Actually, it is a pretty big deal. On the other hand, this is the kind of to wait for the study. This is a very se- According to the Alaska Assessment road, if you will, that now exists in the rious matter—building a new road in a Study of Needs the road is intended to wilderness. It has been mentioned that wilderness area. It might not be the be used year-round, with an average of there are already roads in the wilder- best option for the area. But we should fewer than 400 vehicles per day, includ- ness. There really isn’t much of a road. wait for the studies. ing tractor-trailers carrying freight. It is the kind in this photo here that I yield the floor at this time. The Senator from Alaska questioned exists in the wilderness. As you can Mr. MURKOWSKI. Mr. President, I my assertion that freight could be tell, it is not much of a road. You could see my good friend is on the floor, the hauled on this road. Well, I don’t know. not travel on that year-round. Very few Senator from Tennessee. I note that he All I am saying is there is the conten- cars could travel on it. is the only physician in the Senate and tion, according to the State of Alaska We are talking about the construc- is certainly eminently qualified with study, that tractor-trailers would be tion of a pretty good road, up to cer- his wealth of knowledge on health hauled. The reason that is mentioned, tain specifications, which is not a high- issues. We have discussed issues today frankly, is because of the fish process- way, it is not paved, but as you can tell relative to health care. He has ex- ing plant—a very large one—in King by the map here, it is a pretty good, de- pressed opinions on everything from Cove. It is one of the largest in the cent road. In my home State of Mon- tobacco to children’s health care. But I State of Alaska, where 30 million to 40 tana, that is a highway. It is not an think it is important to recognize that million pounds of fish are processed. interstate, but that is a pretty good he is an experienced and qualified trau- Obviously, they would like to have this road. ma surgeon. road to send the tractor-trailers on. Mr. MURKOWSKI. If I may ask this: I wonder if the Senator from Ten- This road would be designed for two- Does the Senator know where that road nessee would care to discuss the cer- way traffic; it is not just a cow path. actually is that he showed there? I tain medical issues that are relevant to Again, at least the fish processing com- have never seen anything like it. I this debate and relevant to the timing pany would like to have this road. don’t know where it is. of the debate and those who experience Some have suggested this is not the Mr. BAUCUS. That is a photograph of severe accidents to get to a trained only time we have adjusted a wilder- the so-called road here on the map. trauma center with adequate person- ness boundary. Several references have Cold Bay is down here, and there is a nel. been made to the State of Montana, road that goes up here. It is sort of a where there was a road—well, there road trail that would connect with the Mr. FRIST. Indeed, I would be happy wasn’t much of a road, I say to my proposed construction road. This is a to discuss some of these issues. good friend who is now on the floor. It map of this road provided by the Fish Mr. MURKOWSKI. Mr. President, one was for 4X4s to go down to the lake to and Wildlife Service. That is all I can of the reasons the people from King go fishing. And then Congress enacted tell the Senator. Cove are, of course, pushing for access a wilderness bill, and it included the Mr. MURKOWSKI. The maps we have is that when a serious injury occurs, road in the wilderness area. It was a are the same thing and show the U.S. they understand that treatment has to mistake. Fish and Wildlife Service sign. be obtained in a relatively short period Why did that mistake occur? I say to There is a notable difference in the of time, in some cases immediately. my good friend, probably because it road. Many of the health care providers in wasn’t much of a road. But it was a Mr. BAUCUS. There may be a dif- the area refer to the first hour after an mistake. There was a preexisting kind ference in the road. I don’t know. One injury as the crucial ‘‘golden hour,’’ so of a road. Wilderness was created in the more point, in case folks haven’t been to speak, meaning that this is the most area, so the net result was that the listening to the entire debate: My view critical time after an injury. road was in the wilderness area, that is is there is a medical need. That is I wonder if the Senator could shed true. But after we in the Congress rec- clear. some light on what that time is. What ognized our mistake, we changed the According to the State of Alaska, it does that ‘‘golden hour’’ really mean? designation so that the road could still is no greater, or no worse, than the Mr. FRIST. Mr. President, the ‘‘gold- be there. That is far different from this needs of other similar communities in en hour’’ is a basic fundamental prin- case we are talking about on the floor Alaska. There are several studies. Two ciple of emergency care, of emergency today. are going on to try to address the best responsiveness in trauma care. The We are talking about the creation solution. The studies are looking at Senator from Alaska is entirely cor- and building of a new road through wil- not only determining the best of three rect. When a serious trauma occurs, it derness—building a road through wil- routes—air, water, road—but also try- is that first hour, that ‘‘golden hour’’ derness. That is a totally different sit- ing to figure out how to increase the that is absolutely critical. uation. Now, I call it sleight of hand to commercial viability of these commu- The principle is very simple; that is, say, oh, no, this is not a new road to nities. The real purpose here is to eco- the quicker one can respond and get to the wilderness because we are taking nomic development. That is the driving appropriate treatment, the better the this area out of wilderness and building force behind this road. outcome. The ‘‘golden hour’’—put that this road through it. Obviously, if you To sum up, let’s wait until the stud- in quotation marks. But it is a fun- look at the maps, there it is. The map ies are completed. When they are com- damental principle that every emer- says ‘‘wilderness.’’ You can see where pleted, my guess is that we will find a gency room and every trauma surgeon the road would be, and it would be better way to help the people in King understands. It refers to the principle through a wilderness. Cove, and in a way that does not dis- that the severely injured patients are October 1, 1998 CONGRESSIONAL RECORD — SENATE S11257 more likely to survive with rapid, re- evacuation teams. The Aleutians represent a because of snow. As we have indicated sponsive, appropriate resuscitation, unique opportunity to develop telemedicine. on numerous occasions, even the U.S. and treatment. However, it will never eliminate the need for Fish and Wildlife Service in their Patients with otherwise potentially emergency transport to an acute care facil- warning do not address snow as a dif- survivable injuries can die unless there ity. That is, of course, what the access road is all about between King Cove and Cold Bay. ficulty in transit on these roads. This is intervention—frequently, surgical The system will not carry a human body is the type of road you see. intervention—with appropriate re- that needs advanced medical care. It will not Again, I would remind my colleagues sources accessed by that surgeon, or by remove the need for treacherous evacuations that we are not looking for any funding that trauma personnel that is avail- that so often take place from King Cove. here, we are looking for an authoriza- able. Delaying or failing to perform Talking specifically now about the tion for a land exchange. We are not that needed emergency action or emer- technology of the advancement in this putting a road through a wilderness, gency surgery is the most common area of telemedicine, I wonder if the we are putting it through a refuge. It is cause of those otherwise preventable Senator could comment on the tele- a net-net gain for the environmental deaths. medicine technology benefits limita- community because it adds approxi- Mr. MURKOWSKI. I understand there tions. What kind of people do you have mately 580 acres to the wilderness. is a distinction, Mr. President, between to have at the rural end to commu- I also would like to point out that medevac trauma death and early trau- nicate this advanced technology that while my friend from Montana suggests ma death. I wonder if the Senator we are seeing in medical care today? we study it some more, we have been could elaborate. Mr. FRIST. Mr. President, telemedi- studying this thing since 1984. That is Mr. FRIST. There is. I think it is im- cine is, indeed, one of the most exciting 14 years, Mr. President. We have had portant. Again, the terms ‘‘medevac’’ new technologies to come along in the Aleutians East Transportation Im- and ‘‘early’’ are very appropriate. It is medicine and in the application of car- provement Plan, we have had the Alas- appropriate for people of the lay public rying out what we know in terms of ka Intermodel Transportation Plan, we to understand what those differences new knowledge, current knowledge, have had the King Cove Bay Road Fea- are. and the application. But it is very im- sibility Study in 1995; the King Cove In the case where you have a portant for people to understand that Briefing Report; the King Cove Bay medevac trauma death, whereby the its real limitation is that it is used Transportation Improvement Assess- patient dies instantly, or within a very principally for diagnostic purposes ment draft report, 1997; the King Cove- few minutes of whatever injury was in- today. Over time that will change a Cold Bay Transportation Study of 1998. curred, there is little that can be done bit. And it is advancing every day. But My point is that this issue has been unless medevac treatment for that the quotation you just read is exactly pretty well studied, and for the people trauma takes place. So-called ‘‘early’’ correct. Telemedicine will never elimi- who have lived there for 5,000 years in death occurs within 2 to 3 hours of in- nate the need for emergency transpor- King Cove, there is only one possible jury. In either case, the ability to get tation, emergency transport, to an option that makes any sense. And they care immediately is the most single acute care facility. are pretty savvy people, because they important factor in determining sur- Mr. MURKOWSKI. I think, Mr. Presi- have to be, they live in a harsh envi- vivability and outcome. dent, the Senator from Tennessee ronment. Mr. MURKOWSKI. According to the would also be interested in knowing We don’t need another study. It is draft study by our State of Alaska, Mr. that there is no such thing currently as not going to save one more life. It will President, the average flight delay ground link communications in King just delay the ultimate confirmation of from King Cove—I think it was cited Cove and that communications are by what we already know—that the road by the senior Senator, Senator STE- satellite. is the most practical, it is the least ex- VENS—is approximately 8 hours. If a pa- As one person recently put it, ‘‘If a pensive, it is the most reliable alter- tient has a heart attack, stroke, or per- successful fax transmission is a bless- native. That is why everybody else has haps some other trauma, what are the ing, then successful telemedicine them. And why shouldn’t the people of chances for survival after such a delay? transmissions could be, well, perhaps a King Cove? That is the real issue. Mr. FRIST. Mr. President, this is miracle.’’ Now, my friend brought up a point very well accepted in the emergency Mr. FRIST. Mr. President, I was not that I feel a little uncomfortable with care peer review. The literature care- aware actually of that and the particu- because it questions our motivation. fully documents it, and it is just as we lar situation there in King Cove with He suggested that the real reason be- discussed. With each passing hour the regard to the satellite technology, but hind this road was the commercial use. chances of survival diminish. If you it really aims at a very important Well, first of all, I want to tell him draw a curve, the chance of survival in point, and that is, the premise of any and I want to tell the rest of my col- that first hour is very high, the second telemedicine must start with reliable leagues that I have never, never been hour a little bit less, but still high, and communications and it must end with approached by the fish processing firms every hour it diminishes over time. reliable access to further care, for that that are over there that this, indeed, And that is the underlying principle of care to be carried out—a very impor- would be a significant benefit, nor have the so-called ‘‘golden hour.’’ tant point. they lobbied me. Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. May I thank my If you understand the commerce of appreciate the thoughts of the Senator colleague from Tennessee for coming the North Pacific and the fisheries from Tennessee on this. over and sharing his knowledge and ex- markets, you will know that most of Another subject that we discussed at perience in the area of not only tele- the products that are produced in the some length in this debate is concern- medicine but as a trauma surgeon, and small facility at King Cove are frozen ing safe access to the residents of King we have seen the Senator’s perform- fish products. Now, frozen fish products Cove. The argument is that telemedi- ance when called upon here in this primarily are halibut and bottom fish, cine is the solution to the dilemma of body in an emergency. We all commend and they just don’t demand, if you will, the people of King Cove and the access. the Senator for his extraordinary ex- the market price to afford to fly them I ask the Senator from Tennessee if he pertise and express our appreciation to out to the markets. So as a con- would agree with the following quote the Senator for his many good works. sequence, what is produced here is car- from one of the largest health provid- I thank the Senator. ried by small freezer vessels and is ers in our State, and that is: Mr. President, I know the hour is marketed primarily in Japan and, to The Aleutian Chain is without a doubt one late and the Senator may wish to con- an extent, Korea. of the most difficult places on Earth to pro- tinue to speak. I am personally just If you look at the map of Alaska, you vide quality health care for several reasons. about to wind up here. I would like to can see the unique location of King Weather is a primary factor. Transportation in an emergency can be terrifying. It can make a couple of points relative again Cove and the great circle route, and also be deadly, and it can also be delayed. to the allegation that somehow a that is the route of transportation. Many lives have been lost in the attempt of road—and again I would point to one of Most of these ships sail out of Van- both patient and provider in working on the charts—faces significant closures couver, BC, or Seattle, WA. These are S11258 CONGRESSIONAL RECORD — SENATE October 1, 1998 freighters; they are American Presi- I would call attention to the fact I sit as ranking member on the En- dent Lines and various others. They go that we have in this area almost 15 ergy and Natural Resources Committee from the Seattle area and they stop by miles of road in the wilderness now. where Senator MURKOWSKI is chairman. some of these areas on the Pacific And if my friend, when he has an op- I have been on Appropriations for 22 Ocean side and pick up the frozen prod- portunity, would care to visit the area, years where Senator STEVENS is chair- uct in freezer vans and take them on to I would be happy to take him and drive man. They are no different from any the Orient, whether it be the area of over these roads that exist in the wil- other Senators of the U.S. Senate who, King Cove or whether it is Unalaska. derness today. when they have a problem, have no To suggest that we have enough What we are proposing is, not to ad- hesitancy about doing everything they value in our fish products to warrant dress those roads, we are proposing can to solve it for their people. That is moving them out by truck or van is to- simply to put another road extension, what we are all here for, to serve our tally unrealistic because the price sim- if you will, outside the wilderness in a people. So it is with considerable re- ply won’t support that. You can’t get refuge, and I think we have made that gret that I find myself feeling com- that much for the product. You can point again and again and again. To pelled, however, to oppose the amend- talk about all the studies you want. suggest there would be 400 people a day ment and the bill. There may be a half dozen individuals who would travel this road is ludicrous. Let me say, also, that lack of health who will suggest that this is a poten- There are 700 people in King Cove. care is not just peculiar to Alaska. I tial market, but if the reality of the There are 110 or 120 in Cold Bay. Now, grew up in a community of 851 souls price isn’t there—and it isn’t there— I don’t know where you get 400 people, where we sometimes had one doctor you are not going to ship this out. or hundreds of trucks. This is make-be- but most of the time we had none. My I would ask my friend from Montana lieve simply to address an issue that— mother and father moved from a moun- one other thing. Since we are giving well, there is little local knowledge taintop farm into this little commu- the Secretary of the Interior the au- certainly in this body relative to the nity of 851 people because my brother, thority to control all the traffic on the factual account. who died before I was born—and who road, would he vote for this—if, indeed, Believe me, if we could ship our prod- obviously, being firstborn, was the the Secretary said there will be no ucts out by 747 and get the price that apple of my mother’s eye—but we commercial activity? We assure him of we would have to get for them, why, it moved because he died for lack of any that. Would that satisfy the Senator would be a different matter. You talk medical care. That was a long time from Montana? I would certainly think about the issue of the sanctity of the ago. But my mother told me many it should, because this is the point. He wildlife sanctuaries, and that is a very times that she told my father, ‘‘We are questions our motive. real issue. But be assured that we have, moving off this mountaintop. I am not Mr. BAUCUS. May I answer the ques- as Senator STEVENS indicated, in the going to live here and watch my babies tion? Cold Bay airport a world-class airport. die, one at a time, for lack of medical Mr. MURKOWSKI. I can tell you Prior to the advent of the long-range care.’’ right now, there is no way that the 747, many of the aircraft that traversed I grew up with that story, so I grew value of this product would allow it to the North Pacific route had to land up always trying to improve medical be shipped out by aircraft. The only there for fuel. It was a big fueling base. care in my little hometown. Finally, thing that we have that would closely Flying Tigers went in there for years after I went back there to practice law, approximate that value is the king and years and years. And to suggest we were able to obtain one doctor. We crab fresh, but it is very, very difficult. that had a detrimental effect on the built him a clinic. We fed him, we did It is a very short season, and this isn’t wildlife patterns is clearly without any everything in the world he asked us to the predominant area necessarily for merit. do, and then he was killed in a car that. Furthermore, I would refer one more wreck, and there we were, left without Mr. BAUCUS. Can I answer the Sen- time to the fact that we have at- a doctor again. It was only 30 minutes ator’s question? tempted to meet more than halfway from a hospital, but if you are having Mr. MURKOWSKI. I am not ready to every objection brought by the envi- a heart attack, that is too long. If you yield yet. ronmental community, even to the are having a massive heart attack, 30 Mr. BAUCUS. The Senator asked me point of giving the Secretary of the In- minutes is too long. a question. I wonder if I could respond terior the authority to direct the type So, as I say, I grew up knowing what to it. of traffic on this road. Mr. President, I it was like not to have any medical Mr. MURKOWSKI. I am not going think we have pretty well covered all care. We seldom had a doctor in our to—— the concerns, except some of the irrele- hometown. I can remember—and I have Mr. BAUCUS. That was a rhetorical vant and impractical considerations said this on the floor before—that question. that have no bearing on reality. growing up during the Depression was Mr. MURKOWSKI. Yield at this time, So, I ask my colleagues, and the floor a tough enough time. You know, that but I will certainly take a question at manager on the other side, how much is one of the reasons I have always the end. time? Can we get an agreement on a been an unabashed social liberal, and Mr. BAUCUS. No, no; the Senator vote? I could go on all day, but I defer the reason I must say I resent so many asked—— to the floor manager on the other side people who use the term ‘‘liberal’’ as a The PRESIDING OFFICER (Mr. GOR- to see if we can get some idea and cer- denigrating term. TON). The Senator from Alaska has the tainty about how much more time they I often want to say, what is it about floor. would like on their side. liberalism that you hate? Which one of Mr. MURKOWSKI. The point is, Mr. The PRESIDING OFFICER. The Sen- these programs that are considered lib- President, to question the motivation ator from Alaska has 55 minutes re- eral—for example, Medicare—would of the Senators from Alaska on the maining. The Senator from Arkansas you repeal today? Or REA? Student question of commercialization is with- has just under 126 minutes remaining. loans? Or Pell grants? Or the ability to out any foundation and without any Mr. BUMPERS. Mr. President, I yield know that you are drinking pure and feasibility regardless of what some myself such time as I may use. clean water? Or the ability to know study or report suggests as a potential The PRESIDING OFFICER. The Sen- that you are eating food that has been alternative. It is simply not real. ator from Arkansas. prepared under the most sanitary con- Now, the other issue relative to the Mr. BUMPERS. Mr. President, this is ditions? The list goes on and on and on points that have been made by my a very difficult, a very difficult under- and on of those things that were all friend from Montana, who clearly taking for me for a number of reasons. considered liberal at the time. doesn’t speak from experience or hav- No. 1, my profound and unrestrained But you couldn’t get anybody to go ing visited the area, is the issue of the respect for the two Senators from Alas- back to the poll tax system in the road and connecting, if you will, the ka who obviously feel very strongly South. And I remember people in my roads that are in the area with this about the issue. It gives me no pleasure State thought that was the end of the proposed extension. to be on the other side. world as we knew it, when people were October 1, 1998 CONGRESSIONAL RECORD — SENATE S11259 allowed to vote free, didn’t have to pay Those were very trying times. That present it to them as health care for a dollar for a poll tax. sounds anachronistic today, but that people, they say, ‘‘I don’t understand Five black women came into my of- has been a short 27 years ago. the Government and the wilderness; fice 2 years ago, each one having been I did something that I knew was that wilderness stuff never made much a victim of cancer of the breast. And I right that was very troublesome. I sense to me anyway.’’ sat literally weeping with those five signed the grant and, if you pardon the It makes a lot of sense to me for a women, some of whom were going to expression, all hell broke loose in that simple reason, and I had to come to the make it and some of whom were not— town. It was the county seat. U.S. Senate before I really honed my but who said that they did not go to To shorten the story, today it is the conscience and my awareness of the the doctor when they first felt the primary health care center for every- fact that God just gave us one planet. lump because they knew the doctor body in that county. He didn’t say go ahead and throw all would either turn them down or tell An organization in New York about 2 the greenhouse gases you can into the them that they had no medical insur- weeks ago gave that clinic a $50,000 mo- atmosphere or chlorofluorocarbons to ance. What if they did have cancer, bile van in order to keep people from destroy the ozone layer and I will give they knew they were not going to be coming in all the time. The clinic will you another one after you destroy the cared for. That was in 1996. This is not take the van around a three-county ozone layer and after you bring on when I was a child during the Depres- area. They will let people know when it global warming, with all the disastrous sion. This was 2 years ago. They were is coming. They will immunize chil- consequences. When you get through there to lobby me on behalf of a pro- dren and so on. Betty, who is not only mining all the land and leaving all gram they didn’t need to lobby me on. ‘‘secretary of peace,’’ but also has been those wonderful environmental disas- I was already for it. very active, she and Mrs. Carter, in im- ters, God didn’t say, ‘‘I’ll give you an- But here these people were, 50 to 100 munizing all the children in this coun- other one and give you a second chance miles from Memphis and the finest hos- try, went down for the presentation of to see if you can do better next time.’’ pitals in America—and I will not give this van to that same clinic that got No, we only get one, and when you do you the name of the town they came the $1 million grant 27 years ago. Now, irreversible damage to this planet, you from or where they had been denied as I say, it is the primary health care are destroying your children’s and your health care. All I am saying is a lot of center for the entire county, black and grandchildren’s heritage and their fu- people are denied health care because white. ture, and you do it mindlessly while of race. Others are denied health care I say those things to preface my re- standing on the floor of the U.S. Sen- because they don’t have any insur- marks about this issue. There isn’t any ate talking about education and health ance—45 million of them. They are not question, nor does anybody I know of care and everything else to indicate necessarily denied health care simply who opposes the amendment and the how much you love your children. because they don’t have insurance, but bill—there isn’t any question about the When it gets to something as arcane as oftentimes that is the case. problem. Certainly the two Senators building a road through a wilderness, Just as an aside, not particularly ap- from Alaska understand these things in who cares? But when you combine plicable to this debate, I remember Alaska, so far as they are concerned, thousands of those little ‘‘who cares?’’ every summer when people died of ty- much better than I do. I understand, projects, the first thing you know, you phoid fever in my hometown because being a southerner from a relatively have done a tremendous amount of the outhouse was just about 20 steps poor State, that a lot of people are de- damage. away from the water well and we did prived of health care for totally dif- My staff gave me a thick briefing not make the connection. But, you ferent reasons, and that is the reason I book, and I went through a good por- know, another one of those old liberal prefaced my remarks. tion of it, but I guess I finally have to programs was free vaccinations. When I Here we are talking about a 30-mile say the precedent worries me a lot. was in school we got smallpox, typhoid road which, incidentally, as I under- Once you start this, where do you stop? and I forget the other shot. We always stand it, will cost in the vicinity of $25 We have never done it before, and we got those at the school—free. The million to $30 million, and 8 of the 11 ought not to start now. county health nurse administered the miles that go through the national No. 2, there are a lot of alternatives shots. That is what some people called wildlife refuge is through a wilderness that even the State of Alaska is now the good old days. They weren’t good area. As the senior Senator from Alas- studying. The Transportation Depart- old days to me. ka said, the State of Alaska has some ment of Alaska is studying what some Will Rogers once said, ‘‘The good old 40 million acres of wilderness areas, so of the options are to solving this prob- days ain’t what they used to be, and what on Earth are you talking about? lem, which ones would be the best, they never was.’’ Eight miles through a wilderness area? most affordable, et cetera. The State of Well, one of the most difficult things It just sounds like such an infinites- Alaska has taken no position on this, I faced as Governor of my State was a imal problem, who can possibly object? at least that is my understanding. highly charged issue of whether or not Who especially could object after hear- Why are we not talking about estab- Lee County, AR, the third poorest ing the two Senators from Alaska de- lishing some medical facilities in King county in America, would get an OEO scribe some of the people who died for Cove? Why are we not talking about grant. Some of you are old enough to lack of medical care. the use of Hovercraft? Senator STE- remember the Office of Economic Op- The problem I have with it is the bill VENS got a provision put in the trans- portunity, another one of those liberal assumes that the road is the only solu- portation bill for $142 million for new programs that I remember President tion. If I believed it was the only solu- ferries in Alaska, and he got a provi- Nixon put a man in charge, specifi- tion, I would be a cosponsor of the sion put in the transportation bill to cally, to dismantle it. But there was a amendment. But there is another im- build a causeway to solve the very $1 million grant for a clinic in Lee perative involved in it, and the Senator problem we are talking about here County, AR, as I said, one of the poor- from Montana, who has performed yeo- today. I don’t know what happened est counties in America. It was de- man service on this amendment today, with that. I understand there was some signed to provide health care for Afri- has already pointed it out. And that is, dissension in the ranks over there can Americans who had no place to go, building a road through wilderness in about the advisability of a causeway. I and it became a black/white issue. Alaska, no matter how short or how don’t know. That even might be one of They got the money if I, as Governor, long, will be the first time in this Na- the solutions to this. signed off on it, and they didn’t get the tion that we have deliberately author- There is an Indian Health Service in money if I didn’t sign off on it. ized building a road through a wilder- King Cove. We appropriate money The first thing you know, a little vio- ness area. Once you start down that every year in the Interior appropria- lence broke out and I had to send about road, nobody knows where it is going tions bill, in 1996 to the tune of $380,000 15 to 20 State Troopers into that town to end. to that facility. Before we spend $30 for about 4 or 5 days to restore and I can tell you that probably 9 out of million to build a road, why not just maintain the peace. 10 people in my State, if you just put $1 million into the health service S11260 CONGRESSIONAL RECORD — SENATE October 1, 1998 facility? Why not take the $30 million ice, a lot of snow, avalanches in Alas- trips a day that Pen Air makes be- and put it in a trust fund and build a ka. He goes on to say: tween King Cove and Cold Bay. hospital, and then invite doctors up Of much greater expediency, then, I would Listen to this. Incidentally, three there and pay them $200,000, $300,000 a strongly recommend several measures which Pen Air flights have resulted in acci- year to live there? That would be infi- would first, markedly decrease the number dents in 20 years. Little Rock, AK, does nitely better than spending $27 million of medi-vacs and second, would probably be not have a safety record that compares to $30 million on this road, 87 to 94 per- more reliable in the event of emergencies ne- with that. There were 20 medevacs cessitating medi-vacs. cent of which Uncle Sugar will pick up Foremost would be the implementation of from King Cove between January 1996 the tab. a state of the art telemedicine system. and June 1997. That is roughly a year and a half—20 medevacs. There was a Mr. MURKOWSKI. I wonder if my My chief of staff here in Washington delay for 5 of the 20; and of the 5 that friend from Arkansas will yield. told me one time about her father were delayed, 4 of them were delayed Mr. BUMPERS. I will be glad to when he was a young man suffered a by no more than 4 hours; and the 5th yield. head injury. And they took him to Fort was successfully completed the next Mr. MURKOWSKI. I wonder if there Smith, AR, which was about 50 or 60 day. is any reference in any material, as he miles away. There were no neuro- You hear a lot about 11 fatalities be- suggests, that we are going to spend $20 surgeons in Fort Smith, AR, so a fam- tween 1981 and 1997; 11 fatalities in that million or $30 million for a road? I am ily doctor there—or maybe he was a 16-year period. Six of the fatalities sure he is aware there is no appropria- general surgeon; I do not know—they were the result of a plane that was en tion requested for any amount. got a doctor in Oklahoma City on the route from Kodiak that crashed into Mr. BUMPERS. Of course. I under- phone, and this surgeon in Fort Smith the mountain. stand the road will be built by the held the phone up to his ear, and they State of Alaska. I am going to tell you, flying around operated on her father according to the Alaska is no fun, under the best of con- Mr. MURKOWSKI. I thank the Sen- way this neurosurgeon in Oklahoma ator. ditions. When I was in Alaska they City was telling him to do it. kept me scared to death—the bush pi- Mr. BUMPERS. But I also understand Telemedicine is a lot more advanced lots. We are talking about a 16-year pe- the Federal share of that will be some- than that today, but I use that just as riod; 11 fatalities, and 6 of those from a where between 87 and 94 percent. an illustration to say sometimes tele- plane that crashed coming from Ko- You think with that kind of money medicine works. and what you can do—if you just take diak, coming from an island the oppo- Another option which would circumvent site side of King Cove from Cold Bay. A the Federal share, cut Alaska out, take the hazards of avalanches and isolated high- the 87 percent of whatever it is going way transportation would be that of a state road between King Cove and Cold Bay to cost to build the road and establish of the art ferry system which could operate would not have prevented that. a trust fund. I promise you, you will in virtually any climatic weather conditions. Another incident where one person have doctors, you will have doctors and This would of course obviate a drive on, was killed—this takes care of 7 of the anybody you want, with the income drive off ferry with adequate protection from 11 over a 16-year period—was by a pilot from such a trust fund. unruly seas. who flew within a complete whiteout But getting back to where I was a This is from a doctor who is the East- condition after being warned not to do moment ago, you can improve the med- ern Aleutian Tribes Medical Director. it. ical facilities there. You can consider Here is a letter from Myron P. Mr. President, I am not sure of the Hovercraft. Hovercraft is not depend- Naneng, Sr., who is President of the statistics involving who died and how ent on fog. You do not have to worry Association of Village Council Presi- trying to get from King Cove to Cold about fog conditions. A Hovercraft is dents. He is writing to Chairman DON Bay. one of the alternatives that the state is YOUNG over in the House. I want to say to my friend from Alas- studying. Sometimes the waves may be DEAR CHAIRMAN YOUNG: After careful ex- ka that after all the studies are done too volatile to use Hovercraft. That is amination of H.R. 2259— and it is determined that there is noth- why a combination of various alter- Essentially the same bill we are de- ing else that is even feasible except natives may be necessary. bating here— building this road, then I will rethink There is a man in Alaska named Dr. the King Cove Health and Safety Act of 1997, my position. I don’t blame the two Peter Mjos who has written a letter. the Association of Village Council Presi- Senators from Alaska for trying to Dr. Mjos apparently is head of the dents, Inc. Waterfowl Conservation Commit- honor the request of the people in their Alaska Native Medical Center in An- tee would like to request to be put on the State on this. record of opposing such legislation. The bill One thing that has not been talked chorage. It is a family practice center. provides for a transfer of land interests in He says: about is helicopters. You can buy a order to facilitate surface transportation be- regular ambulance helicopter for $4.7 I’ve been asked, as the Eastern Aleutian tween the cities of Cold Bay and King Cove. Tribes Medical Director, to comment on the Although we empathize with the commu- million brand new; you can buy one proposed King Cove to Cold Bay road. The nity of King Cove’s difficulty with safe air used for $1.5 million. They can always primary concern which has been raised is transportation to Anchorage, we find that operate safer, and more often, than that of safely evacuating individuals with the proposed road would seriously interfere fixed-wing aircraft in bad weather. medical emergencies. in our endeavors to resuscitate our migra- They are used consistently by North Several concerns come to mind. On the tory bird populations. . . Slope Borough Search and Rescue. surface, so to speak, a road would appear to And he goes on. I won’t belabor this any further ex- be the safest and easiest option, however, the Mr. President, I offer these things cept to say we have studies ongoing by safety issue surrounding medi-vacs arises primarily because of the extremely hazard- simply because the Senator from Alas- the Department of Transportation in ous meteorologic conditions which occur ka is correct. I have never been to Cold Alaska. We ought to at least show during an emergency. While flying is obvi- Bay or King Cove, either one. But ap- them the courtesy of letting them re- ously potentially hazardous— parently people who live there and who port, and then make up our mind after And listen to this— know the situation have been, and they we have seen a detailed study. We The proposed road in an Aleutian storm or oppose it. should not precipitously, here on the blizzard could be [just] as equally as hazard- One of the most interesting things I floor of the Senate, build the first road ous when one considers nearly zero visi- have run across is this. No. 1—the Sen- in a wilderness in the history of the bility, nonexistence of other traffic over a ator from Montana has already covered country without at least giving it more [long] distance of very isolated country, and, this, and at the expense of being repeti- than a passing thought. of course, the ever-present winter dangers of tious—Penn Air, the primary aircarrier I would be willing to accept the avalanches. between King Cove and Cold Bay, amendment of the Senator from Alaska What Dr. Mjos is saying is that a makes 1,800 one-way flights between and we can just vote up or down on the road is not a 100-percent solution ei- King Cove and Cold Bay each year. bill if that is agreeable with him, if it ther. There will be times when you will That is 900 round trips. You divide that is agreeable with some of my col- not be able to use the road—a lot of by 365, and that is about 2 1/3 round leagues. I don’t know how strongly my October 1, 1998 CONGRESSIONAL RECORD — SENATE S11261 good friend from Massachusetts feels, tions bill to the Corps of Engineers to But it seems to me that my col- and I will be happy to yield to him in study what options may be available in leagues would be well advised and well a moment. terms of alternate transportation for served to at least wait until the analy- Finally, in my opinion—I have been rural Alaska. So it is not as if this is sis is done in order to measure that wrong before in my opinions, but this an issue being looked at in a vacuum. against the enormous environmental one is, I think, fairly safe—in my opin- It is already on the radar screen of the precedent that is set by authorizing ion, this bill will be vetoed. I don’t U.S. Congress. We are already trying to the first-ever permanent, maintained know of anything, other than the Re- find out what different alternatives road in a wilderness area. publican tax bill, that the President may be available. But all alternatives Let me just speak for a moment feels more strongly about than this have to be weighed against what this about the environmental concerns of bill. The most current information is bill would represent. running a 30-mile road from King Cove that if it were presented to the Presi- We are talking about the first ever to Cold Bay through the Izembek ref- dent, his senior advisers would rec- permanent new road construction in a uge and wilderness. Created in 1960, it ommend he veto the bill. This is one of federally-designated wilderness area— is the Izembek National Wildlife Ref- those bills, if you present it, it looks the first ever permanent new road con- uge is an internationally recognized like you are being terribly cruel, until struction which will be maintained. wildlife refuge because it is a major you examine it very carefully and see Now, it is true there are other miles stopover on the Pacific flyway for hun- all of the information. I urge the Presi- of road within this wilderness area, but dreds of thousands of migrating water- dent to veto the bill. It will be a very those were trails that were there before fowl and other migratory birds. For ex- tough bill to veto. I don’t know wheth- the area got its wilderness designation, ample, the entire North American pop- er we can uphold the veto or not. I and they are not being maintained. ulation of Pacific black brant and most don’t know how many votes we will get They will ultimately some day grow of the world’s emperor geese use this here this afternoon. He is absolutely over, except to the degree that hunters isthmus as a crucial resting and feed- determined to veto this bill. and trekkers who may go up there use ing ground on their annual flights. It is a legitimate thing to talk about, them, which is not sufficient, probably, These geese stop to feed on this and I hope that the studies will show to maintain them. isthmus and once airborne continue 60 some alternate method of alleviating The point we make is that a wilder- hours of consecutive flight until they the problem other than building a road ness area is a wilderness area by defini- reach parts of southern California and through the wilderness for the first tion. When you build a new road, you Mexico, losing one-third of their body time. have taken away the notion of wilder- weight on the journey. Clearly, the I yield the Senator from Massachu- ness. The construction process alone is protection of the feeding ground is crit- setts such time as he may consume disruptive. ical to the health of these amazing within the limits I have left. How much I have heard reference on the floor in birds. time do I have remaining? this debate to the minimal amount of Additionally, wildlife abound The PRESIDING OFFICER. Ninety- traffic that may take place. But a road throughout the refuge which serves as two and a half minutes. has to be maintained. There is also a key migration route for caribou Mr. KERRY. Mr. President. I think something illogical in the notion that herds as well as a denning ground for the arguments have been extraor- a road that is being built as an alter- Alaskan brown bear. The proposed road dinarily well covered in the course of native to inclement weather and prob- would bisect the refuge’s isthmus the afternoon by the Senator from lems of transportation—isn’t Alaska which narrows to less than three miles Montana, the Senator from Arkansas, going to present you with inclement at some points. A road through this and also the Senators from Alaska. problems in terms of road travel? A pristine habitat would be more than I begin my comments by saying that whiteout is a whiteout. Road and ve- harmful to its wildlife. I think this is one of those difficult hicular travel is as much affected by an These are critical concerns. But we issues we are called on to come to the effort to go through a whiteout and a don’t need to decide this issue today. floor and debate, argue about, and to blizzard as a flight. That raises many Not doing that today does not deny any decide. I regret that because, in a questions about other possibilities for service whatsoever to the citizens of sense, all of what the Senator from this road. Alaska. I think everybody who stands Alaska said is extraordinarily compel- When I look at the sum, the Senator here asking the Senate to weigh the ling with respect to the plight of the from Alaska suggests this is not going impact as to precedent of the first-ever citizens of King Cove. There is nobody to be a Federal expenditure, but in maintained new road in a wilderness here who is not sensitive to the need to point of fact, 90 percent of highway ex- area against the options that are being provide access to health care and who penditures tend to come from the Fed- studied would have to agree that there isn’t going to be concerned that guar- eral Government even though they go is no rationale for rushing to judgment anteed emergency medical services are through the State treasury. The fact is, against those options. available to people who need them. the cost of a road is somewhere in the So I urge my colleagues, as difficult These are not just citizens of Alaska, vicinity of $25 to $30 million. Just put as I know it is—I certainly agree with these are our citizens, too. $25 million or $30 million in an inter- the Senator from Arkansas. If the al- I think when we come to the floor of est-free account and take your 10 per- ternative proves that this is the way to the Senate and make arguments on be- cent or whatever, and you have $3 mil- go, then the Congress, I am sure, will half of all of our citizens in rural areas, lion of earnings a year. You could build join in a 100–0 vote to make that hap- which is what we are talking about a mighty fine clinic for 100 people for a pen. I would certainly be one of those here. So I hope no one will construe in tenth of that sum. In fact, you might to do that. But that is not where we any way whatever—and I am confident even pay a young doctor $250,000 a year find ourselves yet. my colleagues have both said this and to sit there for a year if you really So I urge colleagues to exercise re- feel it—the notion that anything we wanted to talk about cheaper alter- straint, wait for the results of the anal- are saying suggests an insensitivity to natives, together with telemedicine ysis, look at the alternatives, and the plight of the citizens of King Cove. giving you the capacity to do many measure that against the precedent of But questions remain: What is the best things, not to mention the possibility what would happen in terms of wilder- response to that plight? What is the of the Federal Government and other ness construction in this case. best way to deal with the effort to pro- kinds of emergency transportation I yield the floor and reserve the re- vide emergency medical services for that could be made available. mainder of time for my side. people who clearly deserve them? I think when you weigh the various Mr. MURKOWSKI. Mr. President, There are, I think, simply rational, options here that are being looked at how much time remains on this side? practical differences of opinion about now, you may in the end, as the Sen- The PRESIDING OFFICER. The Sen- how you balance the equities here. ator from Arkansas has suggested, ator from Alaska has 54 minutes. We have a $700,000 appropriation in come to the conclusion that this is the Mr. MURKOWSKI. Mr. President, for the Senate Transportation Appropria- best alternative. the benefit of my colleagues, let me S11262 CONGRESSIONAL RECORD — SENATE October 1, 1998 point out a few things that are ger- in the wilderness. This isn’t a road in drainage on either side, and they are mane to the debate. the wilderness, as I have said time and not ditched. The Committee on Natural Resources time again on the floor today. This is a There is another thing I am con- held hearings on October 15 on the land exchange. We are proposing to founded about in this debate. They talk issue of Cold Bay and reported the bill take the area in exchange by providing about avalanches. I defy anybody look- out of the committee. So to suggest about 580 acres of additional wilderness ing at this picture to tell me where the that somehow this particular issue has in exchange for about 78 or 87 acres, if avalanche is going to come from. This not seen the light of day or committee you will. is tundra. This is where you are talk- action is inappropriate. What we are going to do is do a ref- ing about putting a road in the refuge. We have heard in the discussion com- uge with the exchange. We are going to They are not talking about any ava- ments relative to the environmental put this area into a refuge, and then we lanches in the refuge. impact of the road. If my assistant will are going to add to the wilderness the Whether it is refuge, or, as my friend help me, again I will show you pictures yellow areas, which is a substantial in- from Massachusetts indicates, wilder- of the roads that are there. These crease of 580 acres. It is a net, net, net ness, there are no cliffs. Where is the aren’t ghost roads, they are real roads. gain. snow going to hang from to avalanche? We have shown them to you before. How can anybody who is interested There is near King Cove some hilly That is the reality. These are the roads in acquiring more wilderness be area, but that is in a different area that are there. OK. Some of these roads against this when there are 580 acres of than we are proposing a land exchange. are there and they are in the wilder- additional wilderness being offered? We That is really not part of the argument ness. are doing a land exchange and putting over whether you are going to have an Here is the map that shows where the the proposed road through the refuge. avalanche potential. And, obviously, roads break off and go into the wilder- It is a big difference. We are not set- you have the potential of avalanches in ness, as opposed to those that are not ting a precedent. I wish the staffs lis- areas where you have deep snow. in the wilderness. Few of the Members tening to this would recognize that King Cove isn’t one of them, I might who have commented really want to re- there is no road going through a wil- add. You have them in areas where you flect on this harsh reality. I will point derness. There is a wilderness ex- have heavy concentrations of snow, out the roads in the wilderness that are change. We are putting it in a refuge like Valdez, and other areas. That is there today. They are in the dark area and it is a net, net increase. not a legitimate concern. But to lump here, as you can see with the pointer. Hovercraft is an interesting mode of this in the arguments that we have a This distinguishes the marking line transportation. I wish it were a viable wilderness, a bird sanctuary, that we that establishes the wilderness, so it is alternative. We have had lots of experi- have avalanches and mountains, and everything on the top of the picture ence with Hovercraft in Alaska. They we can duck hunt. You don’t duck hunt that is wilderness. require a tremendous amount of main- from the mountains. It is a composite So the point is, there are roads in the tenance. They are very expensive to op- of the areas that we are talking about. wilderness. As we look at the environ- erate. Mind you, we are talking about, But the land exchange is just what it mental impact of those roads, they are again, 700 people in King Cove—a very is. It is in this tundra area, and you are what they are. They are dependent on small population. Who is going to un- not subjected, as indicated by the U.S. about 100 people who live in Cold Bay derwrite the cost of the Hovercraft? Fish and Wildlife Service, to any ex- and have access to those roads. Again, You have to have it available year- treme elements such as snow that there are about 700 people in King round, and maintenance, and you have would be put in their advisory, which they make available to all visitors. Cove. So the impact is pretty small. to have operating personnel. The state-of-the-art ferry we have Now, there was a mention by my If you have ever been in a Hover- discussed. Who is going to pay for it? A friend from Montana that the reason craft—and I have—they are a unique ferry suggests a crew, and several mil- the migratory waterfowl stopped in mode of transportation. They skid, be- lions of dollars. We just built a new this area, you can recognize that it is a cause you have a lift from a fan that ferry. What was it, a couple hundred flat, tundra-like expanse with no trees. lifts the vehicle up over whatever it is, million dollars? Obviously, we are talk- But the Senator from Montana knows whether it is water, ice, or tundra. ing about a different type of ferry. It the real reason that the black brants Then you have another fan that gives costs a lot of money. stopped there is for the eel grass; that you movement ahead. But as you turn, They talk about Penn Air. They do a is where the eel grass is, and they come you have no rudders. The Hovercraft fine job. We are talking about two trips and feed. He is quite correct. has a tendency to skid because there is a day. Do you know how many pas- It is a unique day when, sometime in no rudder, in a sense, that basically sengers that airplane carries in two October, mid-October, and the wind digs in and gives immediate direction. trips a day? It is not a 747. It is not currents are right, the brants take off, You have to be careful when you are even a DC–3. It is a Piper Navajo. It and their next point of landing is Cabo moving a Hovercraft and you come up carries six people. That is what you are San Lucas in the Baja peninsula of on any cut banks. They will make a looking at. They say, ‘‘Wow. Two trips Mexico. They actually go from this corner, but they skid as they go around a day, 1100 in a year.’’ That is a six-pas- particular point, Izembek Bay, and the corner and you can bang into a cut senger airplane. they lose nearly a third of their body bank where the edge of the river is and Another thing that I think is impor- weight. The flight of these geese is you could find yourself in trouble. It tant to note as we debate this—and the really one of the wonders of the world. takes a good deal of experience to oper- other side throws figures around—is Hunting season is open by the U.S. ate these, and the cost of operation is the Congressional Budget Office has de- Wildlife Service, and people hunt. I extremely high. termined that this bill is revenue neu- hunt, if I am able, with my friends, and We have roads all over the United tral. The point was made, ‘‘Well, you we hunt geese. The lives of these geese States, and, sure, they cost money. know. If the State decides to build this are dependent on a number of factors. People use them and they facilitate the road someday, it can use its share of One is a recognition that hunting is al- lifestyle of the people. Somebody said Federal funds that the State receives.’’ lowed. This just isn’t a plain wetlands, $30 million could build the road. Well, Who are any of you to criticize what it is a unique wetlands. But the ques- you are pulling that out of some kind our State determines are its priorities tion is, Is it threatened by this activ- of a study, or whatever. These roads with its share of the Federal funds? ity? There is no evidence to suggest that are in these pictures certainly The suggestion was made here on the that it is threatened. don’t cost $30 million a mile. We have floor a few minutes ago that you Again, I emphasize this, and I think estimates that the type of road we are shouldn’t. If you do, that is on this my friend from Massachusetts, in his talking about is substantially less— road in the refuge. That is nobody’s comments a few minutes ago, missed somewhere less than $5 million or $6 business but Alaska’s, thank you very the point. We are not talking about a million. You are not talking about much. road in the wilderness. He made the anything substantial here, as the occu- We talk about, ‘‘Well, let’s put this point that this would be the first road pant of the Chair knows. There is no off a little longer.’’ We have been doing October 1, 1998 CONGRESSIONAL RECORD — SENATE S11263

it for 14 years. We have 10 studies. We Alaska Federation of Natives unanimously in the RECORD a letter from the Alaska have a book of them. I don’t know. passed this resolution. Native Brotherhood. In that particular Mr. President, these aren’t very well I hope the resolution will assist you in letter, it says: passing legislation involving King Cove for dusted off. But here are just about the purposes of obtaining a right-of-way for The Juneau Camp of the Alaska Native eight of the studies over the last 14 that community through a land exchange. Brotherhood supports the Alaska Congres- years. And some of you recommend sional Delegation effort to connect King That is the voice of the Native people Salmon and Cold Bay. that we continue to do what? Do noth- of Alaska. ing; do studies. I am sure that the peo- Please accept our appreciation for your ef- Mr. President, I ask unanimous con- forts. This may save a life, while responding ple who do these studies are glad to sent that the letter be printed in the to sensitive issues. hear that. RECORD, and the accompanying resolu- There being no objection, the mate- There has been some talk about a tion that passed at the convention. causeway. What is a causeway, Mr. rial was ordered to be printed in the There being no objection, the mate- RECORD, as follows: President? I know the occupant of the rial was ordered to be printed in the ALASKA NATIVE BROTHERHOOD, Chair knows what it is. It is kind of a RECORD, as follows: road, isn’t it? It is an access over an CAMP NO. 2, ALASKA FEDERATION OF NATIVES, INC., Juneau, AK, June 24, 1998. area called a causeway. It carries a Anchorage, AK, April 29, 1998. Hon. FRANK MURKOWSKI, road. This was the proposed study by Re S. 1092. U.S. Senate, the Corps of Engineers. Somebody sug- Hon. FRANK MURKOWSKI, Washington, DC. gested that $700,000 is in the bank. Chair, U.S. Senate Energy and Natural Re- DEAR SENATOR MURKOWSKI: The Juneau Well, I would be willing to make a sources Committee, U.S. Senate, Washing- Camp of the Alaska Native Brotherhood sup- small wager to any Member that we ton, DC. ports the Alaska Congressional Delegation don’t see that money. That $700,000, if DEAR CHAIRMAN MURKOWSKI: Attached, effort to connect King Salmon and Cold Bay. it exists at all, in my opinion is pie in please find a copy of 1997 AFN Convention We do have occasion to meet with Alaska Resolution 97–34 (hereafter ‘‘97–34’’). This Native organizations on subsistence issues the sky at this time. resolution is entitled ‘‘A Resolution of the and subsistence management. There are dis- The point is that while we look at al- Alaska Federation of Natives Supporting the cussions of local interest matters, such as ternatives, we have been looking at Ability to Obtain Right-of-Way Through Na- fish and wildlife habitat and access to inter- them for 14 years. We can look at them tional Wildlife Refuges for the Necessity of est areas. Persons of these areas have con- again. But the constituents that I have Improving Health and Safety Issues in Alas- tacted us on this matter. are saying enough is enough. We can ka.’’ The delegates to the 1997 Annual Con- The Juneau ANB supports funding for the study options until the cows come vention of the Alaska Federation of Natives Izembek Road that would provide safe access home. (AFN) unanimously passed this resolution. from Cold Bay to the King Salmon areas. It 97–34 states that the delegates to 1997 AFN is our understanding that wildlife habitat I noted that the Senator from Arkan- Convention support obtaining right-of-ways areas would not be adversely affected, and sas indicated that he had a letter from through national wildlife refuges, including that the Local Natives do attend to habitat one Myron Naneng who is associated right-of-ways obtained through land ex- areas anyway. with the Association of Village Council changes. Please accept our appreciation for your ef- Presidents. What my friend does not I hope this resolution will assist you in forts. This may save a life, while responding know about the AVCP is that their passing legislation involving King Cove for to sensitive issues. the purposes of obtaining a right-of-way for Respectfully, major concern is the spring bird hunt. that community through a land exchange. The Senator from Montana knows. JEFFREY ANDERSON, If you have any questions concerning this President. People, for their subsistence, are al- letter or the attachment, please call me at lowed to take migratory birds in the AFN. Mr. MURKOWSKI. Mr. President, I spring. Sincerely, also ask unanimous consent that a pe- What we have here is a little bitter- JULIE KITKA, tition that was signed by approxi- ness, if you will, which occurs some- President. mately 50 residents of Cold Bay ex- pressing their support for the exchange times between he, I, and others, dif- ALASKA FEDERATION OF NATIVES, INC., 1997 ferences of opinion. This particular be printed in the RECORD. ANNUAL CONVENTION, RESOLUTION 97–34, A There being no objection, the mate- AVCP individual has taken it upon RESOLUTION OF THE ALASKA FEDERATION OF rial was ordered to be printed in the himself to express his opinion, which NATIVES SUPPORTING THE ABILITY TO OB- RECORD, as follows: he certainly has every right to do, but TAIN RIGHT-OF-WAY THROUGH NATIONAL his interest is to protect the rights of WILDLIFE REFUGES FOR THE NECESSITY OF As residents of Cold Bay, Alaska, we sup- port the proposed road between our commu- the village council president to proceed IMPROVING HEALTH AND SAFETY ISSUES IN ALASKA nity and King Cove. Furthermore, we recog- with their spring bird hunts. I have nize the existence of roads in the wilderness supported that position as a subsist- Whereas much of the access to and between rural Alaska villages is either by plane; and area and drive these roads, along with non- ence use. Whereas the weather conditions are fre- residents who fly into Cold Bay, for access to There is also a criticism. They have a quently inclement and flying is often a life hunting grounds. little infighting between the groups. or death situation; and Mr. MURKOWSKI. Mr. President, I There is a lack of support for a curtail- Whereas there have been numerous inci- further ask unanimous consent that a ment of the interception of the fish- dents of fatalities due to trying to fly in bad listing from the King Cove Clinic from weather or treacherous terrain; in one com- eries issue as far as fall trapping. There April 1998 to present day covering is a little dispute between the residents munity alone there have been 11 fatalities since 1981; and medevacs be printed in the RECORD. of King Cove and the village council Whereas most right-of-ways can be ob- There being no objection, the mate- presidents. tained through a land exchange with the af- rial was ordered to be printed in the So do not take this with a grain of fected village or regional corporations; and RECORD, as follows: Whereas the lands that are offered in ex- salt, Mr. President, because the more KING COVE CLINIC MEDIVACS FROM APRIL 1998 change for the right-of-way are desirous to appropriate reference is the attitude of TO PRESENT DAY the collective voice of the Native peo- the National Wildlife Refuge managers; and Whereas there is a legislation pending in April 3: Chest Pain, Airplane, 2 hr. delay; 1 ple of Alaska. That is expressed by the Congress that dedicates right-of-ways April 14: Chest Pain, Airplane, ⁄2 hr. delay; May 5: Abdominal Pain, Airplane, 1 hr. Alaska Federation of Natives. through National Wildlife Refuges: Now, I have a letter here dated April 29 ad- delay; therefore be it May 11: Chest Pain, Airplane, No delay; Resolved, that the delegates to the 1997. An- dressed to me. May 31: Chest Pain, Airplane, No delay; Dear Chairman MURKOWSKI: nual Convention of the Alaska Federation of June 19: Abdominal Pain, Airplane, No Attached, please find a copy of the 1997 Natives, Inc., support the ability to obtain delay; AFN Convention resolution. This resolution right-of-ways through National Wildlife Ref- June 24: Abdominal Pain, Airplane, No is entitled ‘‘A Resolution of the Alaska Fed- uges for Health and Safety reasons. delay; eration of Natives Supporting the Ability to Sponsored by: The Aleut Corporation. June 26: Chest Pain, Airplane, No delay; Obtain Right-of-Way Through National Wild- Committee action: dos pass. June 27: Baby Fever of Unknown Origin, Convention action: passed. life Refuges for the Necessity of Improving Airplane, No delay; Health and Safety Issues in Alaska.’’ The Mr. MURKOWSKI. Mr. President, I July 5: Possible Tendon Laceration, Air- Delegates to the 1997 Annual Convention of ask unanimous consent to have printed plane, 1 day delay; S11264 CONGRESSIONAL RECORD — SENATE October 1, 1998 July 6: Chest Pain, Airplane, 3 hr. delay; Bloomington, MN. The Minnesota Val- thorized the construction of a road through a July 28: Abdominal Pain, Helicopter, 1 day ley National Wildlife Refuge currently wilderness area. delay; consists of 9,429 acres of land. This The fact is the proposal does not au- July 28: Abdominal Pain, Helicopter, 1 day delay; agreement will require the replace- thorize construction of a road through August 9: Miscarriage, Airplane, No delay; ment of 4,000 acres of refuge land which a wilderness. I think I made that point and will be impacted by what? Well, let’s time and time again. The language au- August 28: Pneumonia, Airplane, 1 hr. try aircraft noise. I quote. Here it thorizes a boundary adjustment which delay. comes, gentlemen. Congress routinely has used to provide Mr. MURKOWSKI. I thank the Chair. ‘‘We would have preferred to keep our ref- access through wilderness areas, most I might add that from April 3rd to uge and our programs intact,’’ says Rich notably, the Lee Metcalf Act of 1983, August 28th, there were 16 specific Schultz, refuge manager. ‘‘But we certainly which withdrew several acres in Mon- medevacs. The first one on April 3rd, recognize the need for safe, reliable air transportation so I am glad we were able to tana for a road to a fishing hole. I there was a 2-hour delay; 14th, 1-hour come to an agreement at least in principle. know my colleague already addressed delay; May 5, an hour delay; no delays It will take a lot of effort to relocate our fa- that. in the two in May; there were no delays cility’s programs, but this should be done to Later the Senator from Montana in June; on July 5, there was a 1-day allow us to provide additional opportunities said: delay. Not an hour, Mr. President, a 1- for our growing Metro population.’’ The bill would cut the refuge in half. day delay; July 8, 3-hour delay; July 28, Well, what is hypocrisy, Mr. Presi- Well, the refuge is 300,000 acres. The 1-day delay; July 28, 1-day delay; Au- dent? Perhaps there is no comparison proposed road corridor skirts the very between the minimal potential impact gust 9, a miscarriage, no delay; August edge of the refuge impacting only less on wildlife from a small gravel road 20, pneumonia, 1-day delay. than 0.3 percent of the refuge land. The with an occasional—an occasional—car These are the official records that in- proposed road corridor is 3 miles south, passing in a 300,000 acre wildlife refuge dicate what is really happening. The south mind you, of the Izembek lagoon only difference is this is summertime. in an area that is excluded from the wilderness and the hundreds of jets— complex and is separated by 3 miles of This is the good weather. terrain. The reason you move it back is Try it on October, November, Decem- hundreds? Come on, let’s talk about thousands of jets—taking off each week an obvious one. You want to get away ber, or January. from the immediate tidal wetlands To give you some idea, this is from from an international airport over a area and put it in a little higher area of the National Weather Service, Marine smaller, 9,000 acre refuge in Minnesota. elevation. Desk, lower south side Alaska penin- Well, we have heard the Senator from Arkansas say the President is going to Further, the Senator from Montana sula, including waters near Cold Bay indicated: and King Cove. On the following days veto this. We have heard that before. Well, charity starts at home, Mr. Presi- Mr. President, this is a road that now ex- in March, small craft advisory warn- ists in part of the wilderness area. This is ings; winds between 25 and 34 knots dent. The Clinton administration has made a purely political decision, and I what is there now. This is what would be were issued, not only on the 7th, 8th, contemplated. As you can tell, it is a pretty 11th, 13th, 17th, 19th, 20th, and 21st, but think it is a cruel one at that. It takes good size road. It is no small, little cow path. into consideration not the people of on the following days in March of the And that was the picture the Senator same year, gale warnings of 35 to 50 King Cove or their dreams of access. It would deny medical care for Alaska had. The facts are the road would be, knots were issued on the 2nd, 3rd, 4th, well, not more than 60 feet wide taking 5th, 6th, 12th, 15th, 16th, 22nd, 25th, Natives while giving the population of Minneapolis a jetway with enormous up only 85 acres through 7 miles of the 26th, 31st. refuge. In return, the Natives would re- There is more air around there than impacts on the environment with re- gard to noise and air pollution. turn 664 acres—664 acres of privately there certainly is around here. owned lands to the refuge. The road And the following days in March Well, I guess that is the way it goes around here. But nevertheless, I think would be constructed of gravel, like wind advisories greater than 50 knots many of the U.S. Fish and Wildlife were issued, on the 23d, 24th, 27th, 28th, everyone would recognize there is cer- tainly an injustice. Imagine that. The roads that are already present in the 29th, and 30th. Only 5 days during the refuge. So I think that is a factual re- month were there no marine advisories excuse is the refuge manager recog- nizes the need for safe, reliable trans- buttal. in this area. That is what we are talk- portation. But here again we are pro- And if I may continue. Furthermore, ing about in Cold Bay and King Cove. ceeding to allow a new runway that on September 29, the Senator from It is not just once in a while. Montana indicated: Now, what is hypocrisy? Well, let’s would impact on the Minnesota Valley National Wildlife Refuge in Blooming- There are many ways to address the legiti- try this on for consideration. It might ton, MN, consisting of 9,429 acres of mate transportation problems at King Cove be the Clinton administration and the land and the agreement will require without violating the Izembek refuge: Coast Washington green lobby opposing a the replacement of 4,000 acres of refuge Guard air evacuation is one; better port fa- small, one-lane gravel road in an Alas- cilities and special marine ambulances are land. ka wildlife refuge to allow a few Aleut another; as well as telemedicine and other So there we have it, Mr. President. medical advances. Native people to reach emergency med- What is good for the goose is good for ical care while at the same time allow- the gander, somebody once said. Now, I We have been studying it for 14 years. ing an international airport to expand don’t know if there is a value, commer- The fact is the Coast Guard does not, a runway—a runway, Mr. President— cial value in expanding that runway, will not, and cannot handle the dan- into a wildlife refuge which is the home but I would let the example speak for gerous conditions associated with the to endangered species and provides es- itself. numerous land-based evacuations. It is sential habitat for waterfowl and mi- There are a couple more things I a policy matter. To do so would put gratory birds. Where is the Senator want to say in conclusion. Staff did a lives at risk and would fundamentally from Arkansas? Where is the Senator good job of preparing to respond to alter the Coast Guard’s mission, which from Montana? Where is the Senator some of the statements that have been is a sea mission. You have 20-foot seas, from Massachusetts? Where is the made in the debate, and I would be re- and 50-knot winds are not uncommon righteousness as to what is happening? miss not to address them at this time. in the area. Portions of Cold Bay can Well, I see a look of concern. On Sep- We have done a little research here, freeze in the winter. Telemedicine, of tember 21, 1998, the U.S. Fish and Wild- and I hope that our comments are an course, as we have heard from Senator life Service announced that they had accurate reflection because they are FRIST, while of benefit, will not re- reached an agreement with the Metro- taken from the RECORD. attach limbs and certainly cannot alter politan Airport Commission to allow a Back on Tuesday, September 29, the the care of premature births. new runway at the Minneapolis-St. statement by the Senator from Mon- There was a reference further by the Paul International Airport which tana states: Senator from Montana: would severely impact the Minnesota Mr. President, the rider establishes a very The fact of the matter is when you look a Valley National Wildlife Refuge in troubling precedent. Congress has never au- lot deeper into this, the real impetus behind October 1, 1998 CONGRESSIONAL RECORD — SENATE S11265 the road may not be emergency medical flight and into the 20th Century in emer- The PRESIDING OFFICER. The Sen- evacuation. That is not the real driving force gency response. ator from Alaska has 19 minutes 18 sec- here. Really, it is that the folks there have Let’s see the picture. This is the fa- onds; 85 minutes 11 seconds for the an economic interest in having a road. cility at King Cove. It has the Red other side. Mr. President, this road is about sav- Cross on it. That is it. If you get your Mr. MURKOWSKI. I retain the re- ing lives. The economics is not part of leg broken, have a baby—whatever— mainder of my time. I am not sure the equation. Marine transportation is that is all you have. It is a lot better what the leadership has in mind. It is the manner in which the products in than nothing. But when you are in need my understanding there might be an cold storage, in the canning operation, of something—look at cloud cover here. opportunity for a vote around 5 in fish processing, move. They move You might see that in the picture. This o’clock. If that is likely to occur, it is traditionally that way because the is a good day in King Cove, believe me. almost 5 o’clock. value of the product simply does not The last one: I think there is a special briefing support moving it by air, and anybody Inclement weather severely impacts going on at this time. in the business will tell you so, includ- prompt medical air evacuations. Medivac by The PRESIDING OFFICER. The Sen- ing the residents there. fishing vessel is directly affected by wind, ator from Montana. But last, no one on the other side has ice and poor visibility, making offloading Mr. BAUCUS. Mr. President, this has addressed this: We provide the author- the patient on a dock extremely stressful and hazardous . . . the King Cove Rescue been a good debate. A lot of facts have ity for the Secretary of the Interior to come out. I might just note parentheti- close the road for nonemergency use. Squad believes that the road to Cold Bay is a necessary alternative to existing air and cally, I chuckled a little bit. Here we What more could we do? If he sees this boat medivac. are at the late stages of this debate. I road is being inappropriately used, he Marilyn Mack, emergency medical concede to the Senator he has won the can close it, he can limit it—whatever. technician, King Cove. chart war. I have never seen so many This is about lives. Mind you, this is an effort by 700 peo- charts in a debate in all my life. I ac- What has happened here is extremely ple, a very small village, to be heard in knowledge to the Senator he has a lot unfortunate. The leaders in the envi- the Congress of the United States. Let more charts than I have, and they are ronmental community, some of whom us see what our Members have said pretty good charts. may be listening—I hope they are— about access to health care. Some have Also, he has all that staff there. I see somehow have decided to dig in on this. said access to health care is a right. I the army—there are about 10 back ‘‘Break your pick on this one. This is agree. there on his side. He has won the staff the issue.’’ It is absolutely essential that Montanans war. We have only a couple or three on It is the issue at whose expense? The have access to quality health care without our side. He has won the chart war. He Aleut people in King Cove. They are having to cover massive distances. Some- has won the staff war. And he has also too far away to be heard from. It is too times getting to a hospital can be the dif- won the time war. He has used a lot ference between life and death. expensive to go out and see them. So more time than we have. I will be very we will just stand on this one. Let me That is my good friend, the Senator brief. tell you what our health care providers from Montana. Basically, there are a couple of say when they speak up, and these are We have the best health care in the world points I want to make for the Record, people who are treating people in rural in many respects, but it is available to peo- for the Senator. He asked, very inter- ple only if they are able to access the kind of Alaska. It is an issue of access. It is an estingly: Nobody has answered the issue of life. There it is. I quote: doctors they need . . . people ought to be able to seek emergency room care if they point that the Secretary of the Inte- The greatest limiting factor to air ambu- need emergency room care. rior, the refuge manager, basically con- lance is weather and the condition of the air- That is my friend, Senator DORGAN. I trols this road. port [at King Cove]. Being able to use the The fact is, in the bill itself there are Cold Bay facility will enhance our ability to agree. get in and continue care of patients . . . if Denying our citizens an opportunity to provisions that the refuge manager— the road saves one life, it’s worth it. participate in the greatest advances that are that is, the Secretary of the Interior— This is from Dean C. Dow, MICP, taking place in the medical profession is ef- works with—I think it is the Aleutian Lifeflight Emergency Evacuation Serv- fectively a death sentence . . . it is really an Boroughs—to try to come up with a issue of lifesaving protections. ice, Alaska Regional Hospital, Anchor- Joint Plan for the operation of the age. Senator TED KENNEDY, Massachu- road. But the bill further provides, if They are out there, taking care of setts. no agreement is reached, that the bor- the people who use the medivac. We must ensure that quality health care is ough controls. The borough can just The next one: there for people when they need it . . . we decide within 24 months that that is must protect patients from decisions made what it wants to do. Distance between communities in Alaska by accountants and bureaucrats in insurance dwarfs many states in the Lower 48 and tele- So it is not quite accurate to say this companies and have their health care deci- road is under the control of the Depart- communications are often sketchy. A wise sions made by physicians. person once said, ‘‘If a successful fax trans- ment of the Interior. The fact is, as a mission is a blessing, then successful tele- Senator BARBARA BOXER. practical matter, maybe earlier, but medicine transmissions could be a miracle Patients should have access to health care certainly within 24 months, this road is professionals who are qualified to treat their . . . the telehealth system will not carry a under the control—if there is a road— human body that needs advanced medical conditions and not forced to accept people without the proper professional credentials of the State. care . . . it will only enhance medical care. The second point: The State of Alas- It will not remove the need for treacherous . . . if a doctor believes a certain treatment evacuations that so often take place from is necessary, as a matter of right, that doc- ka is not for this road. The State of King Cove.’’ tor’s judgment should prevail. Alaska takes no position on this road. Kathy Boucha-Roberts, director of Senator ROBERT TORRICELLI, New We do not have any correspondence alliances and telemedicine, Providence Jersey. from the State of Alaska, particularly Health System, Anchorage. That is what some of our colleagues from the Transportation Department Next one: are saying about the right to have ac- of the State of Alaska, saying we want cess to health care. That is what I am this road, we support this bill. There is All we want is safe access for our people. We see the road as our only hope. saying, what our senior Senator is say- nothing that says, ‘‘We support this ing—the right to have access, the best bill.’’ Rather, the State department Della Trumble, King Cove Native access, the most practical access. It is takes no position. Corporation: the access that would be brought about Let me just read what the Transpor- The King Cove Medical Clinic (a small, by this exchange which we are propos- tation Department of Alaska says: four-room building) [that is all they have] is ‘‘You have inquired about the status of forced to take drastic measures and lose crit- ing, an exchange in the wilderness for ical time in attempting to complete a an additional area of wilderness of our study efforts, etc.’’ I will not read medivac—travel by boat in dangerous sea about 580 acres. the whole letter. conditions . . . a road between King Cove Mr. President, I inquire of the time Basically, the letter concludes on and Cold Bay would bring us to our Medivac remaining on both sides. page 2: S11266 CONGRESSIONAL RECORD — SENATE October 1, 1998 Until the Transportation Needs Assess- close to 2 million pounds a year, will be There being no objection, the mate- ment and the Facilities Concept Report have moved by road to an airport to fly di- rial was ordered to be printed in the been completed, we will not be in a position rectly to fresh fish markets. RECORD, as follows to propose the preferred alternative nor will I am just answering the Senator by STATEMENT OF ADMINISTRATION POLICY we know how the King Cove-Cold Bay project saying this is what the State of Alaska is rated against other transportation (This statement has been coordinated by projects. Therefore we have no position on says. I take the Alaska Intermodal OMB with the concerned agencies.) the legislation currently pending in Con- Transportation Plan at its word, but if The Administration strongly opposes S. gress. they are incorrect, then I stand to be 1092, as amended, if presented to the Presi- I think that is because that is a corrected. dent, his senior advisers would recommend sound conclusion. That is why the The point about whether this cuts that he veto the bill. into a wilderness area or not, it is pret- S. 1092 would create an objectionable and State of Alaska, at least the depart- unprecedented perpetual right-of-way ment of transportation, takes that po- ty clear that this road we are talking through portions of the Izembek National sition because it makes sense. There is about does. By the way, when the Sen- Wildlife Refuge and Izembek Wilderness for the basic study that is going on. It is ator showed a picture of the tundra, he building a public road and maintaining util- an Alaska study. My good friend from said, ‘‘Oh, there are no avalanches ity-related fixtures between the commu- here.’’ What he was not showing is sec- nities of King Cove and Cold Bay in Alaska. Alaska says, ‘‘Gee, we have enough Specifically, S. 1092 would set a precedent by studies here.’’ My answer is, light a fire tions of the road down here which bi- sects streams and mountain areas, that removing lands from wilderness in a land ex- under the State; get them to conclude change to build a new road. S. 1092 is not the study. is where the avalanches would occur. compatible with the purposes for which the Mr. MURKOWSKI. I wonder if the They would not occur up closer to Cold Refuge was established and would waive im- Senator—— Bay. But this road does cut this wilder- portant environmental laws. As a result, S. Mr. BAUCUS. When I finish I will. ness in half. 1092 would disrupt the habitat of many im- Let them conclude the study so the This is the whole area, basically, we portant species, including internationally- unique waterfowl populations and cause ir- State can recommend what alternative are talking about, where the waterfowl feed. This is the road that would go up reparable damage to the ecological integrity makes the most sense. of this pristine wilderness area. Finally, the He also said, ‘‘I don’t know where the here and down back around to Cold bill would undermine the intent of the re- $700,000 is.’’ It is in the transportation Bay. With truck traffic from the proc- cently enacted bipartisan ‘‘National Wildlife appropriations bill right now. It passed essing plant and the other traffic on Refuge System Improvement Act of 1997.’’ the Senate. The language is there. the road, it is pretty clear it would bi- The Administration recognizes the need to ensure adequate emergency medical care for I don’t want to get in tit-for-tat busi- sect the area. It is constructing a new road in a wil- the remote community of King Cove. The ness. It is not productive. He made the Administration will continue working with statement implying maybe this Sen- derness. The Senator says that is not true. I think it is true, and I will let the State of Alaska and other interested par- ator has no idea about bottom fishing ties to explore different transportation alter- people decide for themselves whether it in Alaska and what the economics are. natives. I am actually getting my view—it is is true or not. I say it is true because Mr. BAUCUS. In summation, I thank not my view, but I am reporting what here is the wilderness right now and the Senator for the debate. It has been the Alaska Intermodal Transportation there is the road. It looks like to me a good debate. We have been here, Plan says. It has a statement on page there is a road in the wilderness area. what, almost 5 hours. The Senator The response is, ‘‘We will just take 13 of its plan. This is dated October of from Arkansas, the Senator from Mas- that out of wilderness and put the road 1994. I grant it is a few years old. sachusetts, the Senator from Ten- there, and because we take the wilder- Essentially, it says King Cove’s econ- nessee, both Senators from Alaska ness away, it is not a road in wilder- omy is almost exclusively dependent have argued this issue. I thank the ness.’’ That is too clever by half, Mr. upon fishing and fish processing. It has Senator, again, for taking this issue up President. We know what is going on been a major fishing center in south- on the floor and not as a rider on the here. It is a road in the wilderness. We west Alaska for over 75 years. The appropriations bill. That is the better have never done that. We have not con- salmon cannery has operated since way to make public policy. structed a road through wilderness 1911; crab processing since 1958; fish roe Mr. President, I don’t think there are from one point outside wilderness to processing since 1960. In the seventies any more speakers on our side. We are another point outside wilderness. We and eighties, the bottom fishing indus- ready to accept the amendment and at have never done that; never. the appropriate time vote on the bill. try expanded. Peter Pan Seafoods is I recognize that we may have to do the largest employer, employing 250 to Mr. MURKOWSKI addressed the that. If the only option to provide med- Chair. 300 persons in its cannery operation in ical care and emergency services is a The PRESIDING OFFICER (Mr. BEN- King Cove. Commercial fishing ac- road, but we don’t know that yet. NETT). The Senator from Alaska. counts for approximately 100 jobs. There are a lot of options being stud- Mr. MURKOWSKI. Mr. President, we It goes on to say that because of lim- ied. I say let’s let the State of Alaska are still waiting on this side for an in- ited access, today the seafood market complete its study, or the $700,000 the dication from the leadership about dis- in King Cove is restricted. I am report- senior Senator from Alaska put in the position of this. My understanding is ing from the Alaska report. It further appropriations bill to study rural ac- we can anticipate a vote very shortly, provides that most product is sold di- cess, then we will see. If it turns out we but I have to defer, pending clarifica- rectly to Peter Pan. Peter Pan now have to have this road, I will be one of tion. moves some fresh fish—fresh fish—into the first Senators to stand on this floor In the meantime, I want to clarify niche markets they have identified and reconsider my position, but we are the RECORD. The Senator from Mon- with low volumes. Without alter- not there yet. I don’t think we should tana suggested that the State of Alas- natives, commercial fishermen must take precipitous action today and pre- ka does not support this road. Let me settle for the going rate of about 35 judge by saying we have to build this read a statement from the Anchorage cents to 40 cents a pound. road. Daily News, Wednesday, June 7, 1995. It It goes on to say it is estimated that Finally, on another point, the Presi- reads as follows: with better access—that is most prob- dent will veto this bill if it passes. I Knowles— ably the road to Cold Bay—to fresh fish hope it doesn’t pass, but if it does pass, Who is our Governor— markets, the same fish could be sold at he will veto it. Says he favors a road to Whittier, a 16-mile a price of upwards of 70 to 80 cents a I ask unanimous consent that a link between Nondalton and Itulilik, and a pound, nearly double what fishermen statement of administration policy be 20-mile road between King Cove and Cold Bay on the Alaskan Peninsula. now receive. printed in the RECORD. It goes on to say essentially that this I will read the first sentence: That was the Anchorage Daily News, access would provide for a lot more The Administration strongly opposes S. Wednesday, June 7, 1995. fresh fish access in addition to the fro- 1092, and, if presented to the President, his Relative to another matter that was zen. Basically, 5 percent of their proc- senior advisers would recommend that he brought up by my friend on the assess- essing production, which would be veto the bill. ment of transportation needs by the October 1, 1998 CONGRESSIONAL RECORD — SENATE S11267 Alaska Department of Transportation, Again, as we look at the alternatives, Mr. KENNEDY. Mr. President, it is let me read a synopsis, and that is: recognize we have been looking at al- time now, as we reach the midpart of Based on a comparison with other alter- ternatives for 14 years. This is time for this week, and as we are looking for- natives, the road alternative provides a posi- action. The action that we contemplate ward to going into next week for the tive benefit stream throughout the life of the is a simple land exchange giving the probably 6 days that remain in this ses- project with total benefits exceeding total Secretary of the Interior the oversight sion—maybe 7 days, maybe even a few costs by more than $242 million through the year 2018. authority. I cannot imagine anything more days, if necessary—we are run- that is more fair and provides a bal- ning into the final days of this particu- I am not going to dwell on that be- ance than what we have proposed. I ask lar session. It does seem to me to sug- cause some of these projections are my colleagues to support the amend- gest that we ought to spend our time really little more than a hypothetical ment that I have as well as to vote in addressing those matters which are of wish list, whether it be on the issue of favor of the bill. central importance and consequence whatever the economic value of the I have been asked by the leadership and seriousness to the American peo- fish products are or whatever. But I to suggest the absence of a quorum. I ple. think it is fair to say the people who suggest the absence of a quorum. I know on the issue that is before the put intermodal transportation analysis The PRESIDING OFFICER (Mr. JEF- Senate at the present time that this together do so based on a lot of lon- FORDS). The clerk will call the roll. will be disposed of either later this gitude and latitude relative to realities The bill clerk proceeded to call the evening—and I will not interfere should associated with the market ability as- roll. the managers themselves want to have sociated with what the economics basi- Mr. BAUCUS. Mr. President, I ask cally have to support. the final disposition of that this I would again defer to something unanimous consent that the order for evening—but I have understood that that I brought up time and time again, the quorum call be rescinded. the final disposition on this particular and that is the fact—this is what I find The PRESIDING OFFICER. Is there proposal would probably carry over to rather amusing about the attitude of objection? tomorrow. the administration and its veto threat. Mr. MURKOWSKI. Mr. President, So I wanted to address the Senate on They are not even giving credence to may I just ask the Senator to withhold another issue. the Secretary of the Interior and the for a moment? Mr. STEVENS. Will the Senator flexibility that we have given him to The PRESIDING OFFICER. Does the yield on that point? address this road should it have any Senator from Alaska object? Mr. KENNEDY. I yield without losing detrimental impact on any of the mi- Mr. MURKOWSKI. I object, if I may, my right to the floor. gratory wildlife or initiating any other for just a moment. Mr. STEVENS. Mr. President, did the activity that would be detrimental. The PRESIDING OFFICER. The Senator indicate he thought this issue This has not been addressed by the clerk will call the roll. would carry over until tomorrow—this opponents. It is not being addressed by The bill clerk continued to call the issue? the administration. They have come up roll. Mr. KENNEDY. I am not either the with a flat veto. I would like to think Mr. MURKOWSKI. Mr. President, I manager nor the proponent of that, but that my colleagues would not be moved ask unanimous consent that the order I understand I do have the 30 minutes. or motivated by a disinterested admin- for the quorum call be rescinded. Mr. STEVENS. Yes. istration that does not address the con- The PRESIDING OFFICER. Without Mr. KENNEDY. What I was saying is cern associated with what this road objection, it is so ordered. that I indicated that if both those for means, and it really means a road to Mr. MURKOWSKI. Mr. President, I it or against it wanted to move ahead life for a very, very small exchange—an am told there are other Senators still with the vote, that I would not inter- exchange not in the wilderness but, in- wishing to speak on the bill, so I ask, fere with that. But I am told at this deed, a land exchange in refuge and a how much time is remaining? time that that is not the case, I say to net benefit to the wilderness of some The PRESIDING OFFICER. The Sen- the Senator. 580 acres. ator from Alaska has 12 minutes re- Mr. STEVENS. I yield to my col- What you have here, Mr. President, is maining. league from Alaska. We do want to go you have gotten a battened down envi- Mr. MURKOWSKI. The other side? ahead with this vote on the matter to- ronmental group that is dug in—the The PRESIDING OFFICER. The Sen- night, if possible. Audubon Society, and various others, ator from Arkansas has 74 minutes. Mr. KENNEDY. I thank the Senator, pulling out all stops to overcome the Mr. BUMPERS. Seventy-four min- but I—— 730 residents of King Cove on an issue utes? Mr. MURKOWSKI. Mr. President, if I that means perhaps that they will lose The PRESIDING OFFICER. Seventy- may offer a clarification. When the face if they lose this vote. four minutes. unanimous consent was agreed upon, I I would like to think that the 100 in- Mr. MURKOWSKI. I thank the Chair. was under the impression the Senator dividuals here are individuals, they I ask unanimous consent to reserve from Massachusetts was going to speak think for themselves, they are not mo- the remainder of my time. on the bill. I have no objection to the tivated by a rush associated with a The PRESIDING OFFICER. Without time being granted, but we had hoped herd mentality and will address this objection, it is so ordered. to have a vote around 5 o’clock. issue on its merits. Mr. BUMPERS addressed the Chair. As far as we are concerned, we are The merits are very simple, Mr. The PRESIDING OFFICER. The Sen- ready for the vote. So it is the floor President. This is a road to life for the ator from Arkansas is recognized. manager on the other side who controls residents of King Cove. I would appre- Mr. BUMPERS. I yield the Senator the time. I tell Senator KENNEDY, if he ciate all my colleagues to recognize from Massachusetts 30 minutes. would like to go ahead and allow us to the issue on its merits and not be The PRESIDING OFFICER. The Sen- vote, then he could have time after the threatened by any veto threats from ator from Massachusetts is recognized. vote. the administration, none of which have Mr. KENNEDY. Mr. President, I ap- Mr. KENNEDY. Mr. President, I was to put up with the rigors of living in a preciate the courtesy of the Senator yielded this time. I understand you are wilderness area, such as those residents from Arkansas. And I ask unanimous ready and the others are not. who live in King Cove. consent that my comments be placed Mr. MURKOWSKI. Mr. President, I Mr. President, let me thank the Sen- in the RECORD not to interfere with the don’t want to confound this any fur- ator from Montana, the Senator from debate that has been taking place and ther, but I think I was of the impres- Arkansas, the Senator from Massachu- will take place further this evening on sion and I think the Senator from Mon- setts for the debate, my senior Sen- this important issue. And I will address tana was of the impression that the ator, Senator STEVENS, and the Sen- the Senate on a different issue in ques- Senator from Massachusetts was going ator from Tennessee who shared with tion. to rise to speak on the King Cove mat- us his expertise on telemedicine, Sen- The PRESIDING OFFICER. Without ter. Am I correct that is the Senator’s ator FRIST. objection, it is so ordered. understanding? S11268 CONGRESSIONAL RECORD — SENATE October 1, 1998 Mr. BAUCUS. Mr. President, if I Mr. FORD. I announce that the Sen- of the alternatives to be evaluated in the might. ator from Ohio (Mr. GLENN) and the transportation planning process but for a Mr. KENNEDY. I will be glad to yield Senator from Illinois (Ms. MOSELEY- road to be a viable option for the State of Alaska, the Congress must grant a legisla- briefly, Mr. President. BRAUN) are necessarily absent. Mr. BAUCUS. If I might respond to tive easement within the Izembek National I further announce that, if present Wildlife Refuge (‘‘Refuge’’) across approxi- the Senator from Alaska, we do have and voting, the Senator from Illinois mately seven miles of wilderness land owned more time required on our side in the (Ms. MOSELEY-BRAUN) would vote ‘‘no.’’ by the Federal Government; sense that we are not ready for a vote The result was announced—yeas 59, (6) there are fourteen miles of roads within for about a half hour or later. If that is nays 38, as follows: the wilderness boundary of the Refuge which the case, it probably makes sense for [Rollcall Vote No. 294 Leg.] are currently traveled by vehicles; the Senator from Massachusetts to YEAS—59 (7) any road constructed in accordance proceed. with such easement would be an unpaved, Akaka Enzi Lugar one-lane road sufficient in width to satisfy Mr. KENNEDY. I thank the Senator. Allard Faircloth Mack I tried to have an opportunity to ad- Ashcroft Ford McCain State law; and (8) the combined communities of King Cove dress the Senate through the course of Bennett Frist McConnell Bingaman Gorton Murkowski and Cold Bay have approximately 250 vehi- the afternoon and appreciated the Bond Gramm Nickles cles. courtesies of our colleagues for that Breaux Grams Roberts SEC. 3. PURPOSE. time. Brownback Grassley Roth The purpose of this Act is to establish a Burns Hagel Santorum surface transportation easement across Fed- How much time do I have remaining Byrd Hatch Sessions on this? Campbell Helms Shelby eral lands within the Refuge and to transfer The PRESIDING OFFICER (Ms. Chafee Hollings Smith Bob (NH) 664 acres of high value habitat lands adjacent SNOWE). The Senator has 26 minutes re- Coats Hutchinson Smith Gordon H to the Refuge in fee simple from the King Cochran Hutchison (OR) Cove Corporation to the Federal Government maining. Collins Inhofe Snowe (By unanimous consent, the remarks as new wilderness lands within the Refuge in Coverdell Inouye Stevens exchange for redesignating a narrow corridor of Mr. KENNEDY and Mr. DURBIN are Craig Kempthorne Thomas of land within the Refuge as nonwilderness printed later in today’s RECORD under D’Amato Kyl Thompson DeWine Landrieu Thurmond lands. ‘‘Morning Business.’’) Domenici Lott Warner SEC. 4. LAND EXCHANGE. The PRESIDING OFFICER. Who If the King Cove Corporation offers to NAYS—38 yields time? transfer to the United States all right, title, Mr. BUMPERS. Madam President, I Abraham Feinstein Mikulski and interest of the Corporation in and to all am prepared to yield back the remain- Baucus Graham Moynihan land owned by the Corporation in Sections 2, Biden Harkin Murray 3, 4, 5, 6, and 7 of T 57 S, R 88 W, Seward Me- der of my time if the Senator from Boxer Jeffords Reed Alaska is also. Bryan Johnson Reid ridian, Alaska, and any improvements there- Mr. MURKOWSKI. Madam President, Bumpers Kennedy Robb on, the Secretary of the Interior (‘‘Sec- Cleland Kerrey Rockefeller retary’’) shall, not later than 30 days after I yield the remainder of my time, and Conrad Kerry Sarbanes such offer, grant the Aleutians East Borough I ask on behalf of the leader unanimous Daschle Kohl Specter a perpetual right-of-way of 60 feet in width consent that all time be considered as Dodd Lautenberg Torricelli through the lands described in sections 6 and Dorgan Leahy Wellstone 7 of this Act for the construction, operation yielded back. Durbin Levin Wyden The PRESIDING OFFICER. Without Feingold Lieberman and maintenance of certain utility-related objection, it is so ordered. fixtures and of a public road between the NOT VOTING—3 Mr. MURKOWSKI. And the Senate city of Cold Bay, Alaska, and the city of proceed to vote on the passage of S. Glenn Gregg Moseley-Braun King Cove, Alaska and accept the transfer of 1092, the King Cove/Cold Bay legisla- The bill (S. 1092), as amended, was the offered lands. Upon transfer to the passed, as follows: United States, such lands shall be managed tion. in accordance with section 1302(i) of the Mr. BUMPERS addressed the Chair. S. 1092 Alaska National Interest Lands Conserva- The PRESIDING OFFICER. The Sen- Be it enacted by the Senate and House of Rep- tion Act, shall be included within the Ref- ator from Arkansas. resentatives of the United States of America in uge, and shall be managed as wilderness. Mr. BUMPERS. Madam President, if Congress assembled, SEC. 5. RIGHT-OF-WAY. the Senator from Alaska is prepared, SECTION 1. SHORT TITLE. Unless otherwise agreed to by the Sec- we are prepared to accept his amend- This Act may be cited as the ‘‘King Cove retary and the Aleutians East Borough, the ment which is the pending business. Health and Safety Act of 1998’’. right-of-way granted under section 4 shall— The PRESIDING OFFICER. If there SEC. 2. FINDINGS. (1) include sufficient lands for logistical is no objection, amendment No. 3676 is The Congress finds that— staging areas and construction material sites used for the construction and mainte- agreed to. (1) King Cove, Alaska is a community in the westernmost region of the Alaska Penin- nance of an unpaved, one-lane public road The amendment (No. 3676) was agreed sula with a population of roughly 800 full- sufficient in width to meet the minimum re- to. time residents and an additional 400 to 600 quirements necessary to satisfy State law; The PRESIDING OFFICER. The workers who are transported in and out of (2) meet all requirements for a public high- question is on the engrossment and the community a number of times a year to way right-of-way under the laws of the State third reading of the bill. work in the local fish processing plant and of Alaska; and The bill was ordered to be engrossed on fishing vessels; (3) include the right for the Aleutians East for a third reading and was read the (2) the majority of the full-time residents Borough, or its assignees, to construct, oper- third time. are indigenous Native peoples of Aleut an- ate, and maintain electrical, telephone, or Mr. MURKOWSKI. Madam President, cestry that have resided in the region for other utility facilities and structures within the right-of-way. I ask for the yeas and nays. over 5,000 years; (3) the only mode of access to or from King SEC. 6. CONFORMING CHANGE. The PRESIDING OFFICER. Is there a Cove is via small aircraft or fishing boat, and Upon the offer of Corporation lands under sufficient second? the weather patterns are so severe and un- section 4, the boundaries of the wilderness It appears to be sufficiently sec- predictable that King Cove is one of the area within the Refuge are modified to ex- onded. worst places in all of the United States to clude from wilderness designation a 100 foot The yeas and nays were ordered. access by either of these modes of transpor- wide corridor to accommodate the right-of- The PRESIDING OFFICER. The bill tation; way within the following land sections: having been read the third time, the (4) the State of Alaska has initiated the (1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, question is, Shall the bill pass? The King Cove to Cold Bay Transportation Im- 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- yeas and nays have been ordered. The provement Assessment to confirm the need ridian, Alaska. (2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of clerk will call the roll. for transportation improvements for King Cove and to identify alternative methods of T 56 S, R 88 W, Seward Meridian, Alaska. The assistant legislative clerk called improving transportation access with com- (3) Sections 1, 2, 11, and 12 of T 57 S, R 89 the roll. prehensive environmental and economic re- W, Seward Meridian, Alaska. Mr. NICKLES. I announce that the view of each alternative; SEC. 7. RIGHT-OF-WAY LOCATION. Senator from New Hampshire (Mr. (5) the State of Alaska has identified a Unless otherwise agreed to by the Sec- GREGG) is necessarily absent. road between King Cove and Cold Bay as one retary and the Aleutians East Borough, the October 1, 1998 CONGRESSIONAL RECORD — SENATE S11269 right-of-way granted under section 4 shall be David Dye, Gary Ellsworth, who is un- through online services and Internet access located within— fortunately retiring this year and will service could become subject to more than (1) sections 2, 3, 10, and 11 of T 59 S, R 86 be greatly missed, and a number of oth- 30,000 separate taxing jurisdictions in the W, Seward Meridian, Alaska; ers. United States alone. (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and And let me thank my colleagues in ø(5) Inconsistent and inadministerable 35 of T 59 S, R 86 W, Seward Meridian, Alas- taxes imposed on online services and Inter- ka; the debate: Senator BUMPERS, the net access service by State and local govern- (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, ranking member of the Energy and ments threaten to— 26, and 36 of T 58 S, R 87 W, Seward Meridian, Natural Resources Committee, who is ø(A) subject consumers, businesses, and Alaska; retiring this year; Senator BAUCUS other users engaged in interstate and foreign (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, from Montana; and let me again thank commerce to multiple, confusing, and bur- 29, 32, 33, and 34 of T 57 S, R 87 W, Seward the Members for the vote of confidence densome taxation, Meridian, Alaska; in support of fairness. The vote was 59– ø(B) restrict the growth and continued (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 38. I am sure that will send a strong technological maturation of the Internet 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- message over to the House on the mer- itself, and ridian, Alaska; its of addressing the needs of the Aleut ø(C) call into question the continued via- (6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of bility of this dynamic medium. T 56 S, R 88 W, Seward Meridian, Alaska; people of King Cove who seek what we ø(6) Because the tax laws and regulations (7) section 6 of T 57 S, R 88 W, Seward Me- enjoy every day—and that is access. of so many jurisdictions were established ridian, Alaska; and I thank my colleagues and thank the long before the advent of the Internet, online (8) sections 1, 2, 11, and 12 of T 57 S, R 89 Presiding Officer. I wish you all well. services, and Internet access service, their W, Seward Meridian, Alaska. f application to this new medium and services SEC. 8. TECHNICAL AMENDMENTS. INTERNET TAX FREEDOM ACT in unintended and unpredictable ways could The following provisions of law shall not prove to be an unacceptable burden on the be applicable to any right-of-way granted Mr. MCCAIN. Mr. President, under interstate and foreign commerce of the Na- under section 4 of this Act or to any road the provisions of the consent agree- tion. constructed on such right-of-way— ment of September 30, 1998, I now ask ø(7) The electronic marketplace of serv- (1) section 22(g) of the Alaska Native the Chair to lay before the Senate S. ices, products, and ideas available through Claims Settlement Act (43 U.S.C. 1621(g)); 442, the Internet tax freedom bill. the Internet can be especially beneficial to (2) title XI of the Alaska National Interest The PRESIDING OFFICER (Mr. BEN- senior citizens, the physically challenged, Lands Conservation Act (16 U.S.C. 3161 et citizens in rural areas, and small businesses. NETT). The clerk will report. seq.), except as specified in this section; and It also offers a variety of uses and benefits (3) section 303(c) of title 49, United States The legislative clerk read as follows: for educational institutions and charitable Code. A bill (S. 442) to establish national policy organizations. SEC. 9. JOINT PLAN. against State and local government inter- ø(8) A consistent and coherent national The Secretary and the Aleutians East Bor- ference with interstate commerce on the policy regarding taxation of online services, ough shall jointly prepare a plan setting Internet or interactive computer services, Internet access service, and communications forth— and to exercise Congressional jurisdiction and transactions using the Internet, and the (1) the times of the year a road may rea- over the interstate commerce by establish- concomitant uniformity, simplicity, and sonably be constructed when there are not ing a moratorium on the imposition of exac- fairness that is needed to avoid burdening tion that would interfere with the free flow high concentrations of migratory birds in this evolving form of interstate and foreign of commerce via the Internet, and for other Kinzarof Lagoon; and commerce, can best be achieved by the purposes. (2) limitations on nonemergency road traf- United States exercising its authority under fic during periods of the year when there are The Senate proceeded to consider the Article I, section 8, clause 3 of the United high concentrations of migratory birds in bill, which had been reported from the States Constitution. Kinzarof Lagoon. Committee on Finance, with amend- øSEC. 3. MORATORIUM ON IMPOSITION OF TAXES SEC. 10. TRANSFER. ments, as follows: ON THE INTERNET, ONLINE SERV- If within 24 months of the date the King (The parts of the bill intended to be strick- ICES, OR INTERNET ACCESS SERV- Cove Corporation offers to transfer to the ICE. en are shown in boldface brackets and the United States all right, title, and interest of ø(a) MORATORIUM.—Except as otherwise the Corporation lands set forth in section 4 parts of the bill intended to be inserted are shown in italic.) provided in this Act, prior to January 1, 2004, of this Act, the Secretary and the Aleutians no State or political subdivision thereof may East Borough fail to mutually agree on the S. 442 impose, assess, or attempt to collect any tax following— Be it enacted by the Senate and House of Rep- on— (1) a final land exchange and a grant of a resentatives of the United States of America in ø(1) communications or transactions using right-of-way pursuant to section 4; and Congress assembled, the Internet; and (2) the right-of-way specifications, and øSECTION 1. SHORT TITLE. ø(2) online services or Internet access serv- terms and conditions of use set forth in sec- øThis Act may be cited as the ‘‘Internet ice. tions 5, 6, 7 and 8 of this Act; Tax Freedom Act’’. ø(b) PRESERVATION OF STATE AND LOCAL then the Aleutians East Borough shall have øSEC. 2. FINDINGS. TAXING AUTHORITY.—Subsection (a) shall the right to select a 60 foot right-of-way for øThe Congress finds the following: not— the construction, operation, and mainte- ø(1) As a massive global network spanning ø(1) affect the authority of a State, or a po- nance of certain utility-related fixtures and not only State but international borders, the litical subdivision thereof, to impose a sales, of a public road from lands described in sec- Internet and the related provision of online use, or other transaction tax on online serv- tion 7 of this Act, and to identify logistical services and Internet access service are in- ices, Internet access service, or communica- staging areas and construction material herently a matter of interstate and foreign tions or transactions using the Internet if— sites within the right-of-way. If an agree- commerce within the jurisdiction of the ø(A) the tax (including the rate at which it ment is not reached within 6 months after United States Congress under Article I, sec- is imposed) is the same as the tax generally the Aleutians East Borough notifies the Sec- tion 8, clause 3 of the United States Con- imposed and collected by that State or polit- retary of its selection, then the right-of-way stitution. ical subdivision thereof in the case of similar is hereby granted to the Borough. ø(2) Even within the United States, the sales, use, or transactions not using the Mr. MURKOWSKI. I move to recon- Internet does not respect State lines and op- Internet, online services, or Internet access sider the vote. erates independently of State boundaries. service; and Mr. MCCAIN. I move to lay that mo- Addresses on the Internet are designed to be ø(B) the obligation to collect or pay the tion on the table. geographically indifferent. Internet trans- tax from sales or other transactions using The motion to lay on the table was missions are insensitive to physical distance the Internet, online services, or Internet ac- agreed to. and can have multiple geographical address- cess service is imposed on the same person or Mr. MURKOWSKI addressed the es. entity as in the case of similar sales, use, or Chair. ø(3) Because transmissions over the Inter- transactions not using the Internet, online The PRESIDING OFFICER. The Sen- net are made using computer protocols, in services, or Internet access service; ator from Alaska. particular the Transmission Control Proto- ø(2) apply to taxes imposed on or measured Mr. MURKOWSKI. Mr. President, I col / Internet Protocol, that utilize packet- by gross or net income derived from online wish to take this opportunity to thank switching technology it is impossible to de- services, Internet access service, or commu- some of my staff who worked on the termine in advance the precise geographic nications or transactions using the Internet, route individual Internet transmissions will or on value added, net worth, or capital bill. On behalf of Senator STEVENS and travel over, and it is therefore infeasible to stock; myself, we would like to thank the var- separate domestic intrastate Internet trans- ø(3) apply to fairly apportioned business li- ious staff who worked so hard on the missions from interstate and foreign Inter- cense taxes; King Cove bill. Brian Malnak of my net transmissions. ø(4) apply to taxes paid by a provider or staff—particularly the Energy and Nat- ø(4) Consumers, businesses, and others en- user of online services or Internet access ural Resources Committee—Jo Meuse, gaging in interstate and foreign commerce service as a consumer of goods and services S11270 CONGRESSIONAL RECORD — SENATE October 1, 1998 not otherwise excluded from taxation pursu- work of networks that employ the Trans- (iii) two representatives appointed by the ant to this Act; mission Control Protocol / Internet Protocol, Speaker of the House of Representatives; and ø(5) apply to property taxes imposed or as- or any predecessor or successor protocols to (iv) one representative appointed by the Mi- sessed on property owned or leased by a pro- such protocol, to communicate information nority Leader of the House of Representatives. vider or user of online services or Internet of all kinds by wire or radio. (2) APPOINTMENTS.—Appointments to the access service; ø(2) ONLINE SERVICES.—The term ‘‘online Commission shall be made not later than 45 days ø(6) apply to taxes imposed on or collected services’’ means the offering or provision of after the date of the enactment of this Act. The by a common carrier, as defined in section 3 information, information processing, and chairperson shall be selected not later than 60 of the Communications Act of 1934 (47 U.S.C. products or services to a user as part of a days after the date of the enactment of this Act. 153), acting in its capacity as a common car- package of services that are combined with (3) VACANCIES.—Any vacancy in the Commis- rier; Internet access service and offered to the sion shall not affect its powers, but shall be ø(7) apply to taxes imposed on or collected user for a single price. filled in the same manner as the original ap- by a provider of telecommunications service, ø(3) INTERNET ACCESS SERVICE.—The term pointment. as that term is defined in section 3 of the ‘‘Internet access service’’ means the offering (c) ACCEPTANCE OF GIFTS AND GRANTS.—The Communications Act of 1934 (47 U.S.C. 153); or provision of the storage, computer proc- Commission may accept, use, and dispose of or essing, and transmission of information that gifts or grants of services or property, both real ø(8) apply to franchise fees imposed by a enables the user to make use of resources and personal, for purposes of aiding or facilitat- State or local franchising authority, pursu- found via the Internet. ing the work of the Commission. Gifts or grants ant to sections 622 or 653 of the Communica- ø(4) TAX—The term ‘‘tax’’ includes any not used at the expiration of the Commission tions Act of 1934 (47 U.S.C. 622 or 573), for the charge imposed by legislative authority to shall be returned to the donor or grantor. provision of cable services, as those terms raise revenue for the needs of the public, as (d) OTHER RESOURCES.—The Commission shall are defined by such Act. well as any license or fee that is imposed by have reasonable access to materials, resources, øSEC. 4. ADMINISTRATION POLICY REC- any governmental entity. Such term also in- data, and other information from the Depart- OMMENDATIONS TO CONGRESS. cludes the imposition on the seller of an obli- ment of Justice, the Department of Commerce, ø(a) CONSULTATIVE GROUP.—The Secretar- gation to collect and remit to a govern- the Department of State, the Department of the ies of the Treasury, Commerce, and State, in mental entity any charge (as defined in the Treasury, and the Office of the United States consultation with appropriate committees of preceding sentence), license, or fee imposed Trade Representative. The Commission shall the Congress, the National Tax Association- on the buyer by a governmental entity.¿ also have reasonable access to use the facilities sponsored Joint Communications and Elec- SECTION 1. SHORT TITLE. of any such Department or Office for purposes tronic Commerce Tax Project and the Na- This Act may be cited as the ‘‘Internet Tax of conducting meetings. tional Conference of Commissioners of Uni- Freedom Act’’. (e) SUNSET.—The Commission shall terminate form State Laws, consumer and business 18 months after the date of the enactment of this TITLE I—MORATORIUM ON CERTAIN groups, States and political subdivisions Act. TAXES thereof, and other appropriate groups, (f) RULES OF THE COMMISSION.— shall— SEC. 101. MORATORIUM. (1) QUORUM.—Nine members of the Commis- (a) MORATORIUM.—No State or political sub- ø(1) undertake an examination of United sion shall constitute a quorum for conducting States domestic and international taxation division thereof shall impose any of the follow- the business of the Commission. of— ing taxes on transactions occurring during the (2) MEETINGS.—Any meetings held by the period beginning on July 29, 1998, and ending 2 ø(A) communications and transactions Commission shall be duly noticed at least 14 using the Internet, years after the date of the enactment of this days in advance and shall be open to the public. Act: ø(B) online services and Internet access (3) OPPORTUNITIES TO TESTIFY.—The Commis- (1) Taxes on Internet access. sion shall provide opportunities for representa- service, and (2) Bit taxes. ø(C) the telecommunications infrastruc- (3) Multiple or discriminatory taxes on elec- tives of the general public, taxpayer groups, ture used by the Internet, online services, tronic commerce. consumer groups, and State and local govern- and Internet access service; (b) APPLICATION OF MORATORIUM.—Sub- ment officials to testify. ø(2) consider any specific proposals made section (a) shall not apply with respect to the (4) ADDITIONAL RULES.—The Commission may by the Joint Communications and Electronic provision of Internet access that is offered for adopt other rules as needed. Commerce Tax Project and the National sale as part of a package of services that in- (g) DUTIES OF THE COMMISSION.— (1) IN GENERAL.—The Commission shall con- Conference of Commissioners of Uniform cludes services other than Internet access, un- duct a thorough study of Federal, State and State Laws concerning appropriate param- less the service provider separately states that local, and international taxation and tariff eters for taxation by States, and political portion of the billing that applies to such serv- treatment of transactions using the Internet and subdivisions thereof, of matters described in ices on the user’s bill. Internet access and other comparable interstate paragraph (1); and SEC. 102. ADVISORY COMMISSION ON ELEC- or international sales activities. ø(3) jointly submit appropriate policy rec- TRONIC COMMERCE. (2) ISSUES TO BE STUDIED.—The Commission ommendations concerning United States do- (a) ESTABLISHMENT OF COMMISSION.—There is established a commission to be known as the Ad- may include in the study under subsection (a)— mestic and foreign policies toward taxation (A) an examination of— visory Commission on Electronic Commerce (in of online services, Internet access service, (i) barriers imposed in foreign markets on this title referred to as the ‘‘Commission’’). The and communications and transactions using United States providers of property, goods, serv- the Internet, if any, to the President within Commission shall— (1) be composed of 16 members appointed in ices, or information engaged in electronic com- 18 months after the date of enactment of this merce and on United States providers of tele- Act. accordance with subsection (b), including the chairperson who shall be selected by the mem- communications services; and ø(b) PRESIDENT.—Not later than 2 years after (ii) how the imposition of such barriers will bers of the Commission from among themselves; the date of enactment of this Act, the President affect United States consumers, the competitive- shall, to the extent and in the form the Presi- and ness of United States citizens providing prop- dent deems appropriate, transmit to the appro- (2) conduct its business in accordance with erty, goods, services, or information in foreign priate committees of Congress policy rec- the provisions of this title. markets, and the growth and maturing of the ommendations on taxation of online services, (b) MEMBERSHIP.— (1) IN GENERAL Internet; Internet access service, and communications and .—The Commissioners shall (B) an examination of the collection and ad- transactions using the Internet. serve for the life of the Commission. The mem- bership of the Commission shall be as follows: ministration of consumption taxes on interstate øSEC. 5. DECLARATION THAT THE INTERNET (A) Four representatives from the Federal SHOULD BE FREE OF FOREIGN TAR- commerce in other countries and the United IFFS, TRADE BARRIERS, AND OTHER Government comprised of the Secretary of Com- States, and the impact of such collection on the RESTRICTIONS. merce, the Secretary of State, the Secretary of global economy, including an examination of øIt is the sense of the Congress that the the Treasury, and the United States Trade Rep- the relationship between the collection and ad- President should seek bilateral and multilat- resentative, or their respective representatives. ministration of such taxes when the transaction eral agreements through the World Trade Or- (B) Six representatives from State and local uses the Internet and when it does not; ganization, the Organization for Economic governments comprised of— (C) an examination of the impact of the Inter- Cooperation and Development, the Asia Pa- (i) two representatives appointed by the Ma- net and Internet access (particularly voice cific Economic Cooperation Council, and jority Leader of the Senate; transmission) on the revenue base for taxes im- other appropriate international fora to es- (ii) one representative appointed by the Mi- posed under section 4251 of the Internal Reve- tablish that commercial transactions using nority Leader of the Senate; (iii) two representatives appointed by the nue Code of 1986; the Internet are free from tariff and tax- (D) an examination of— Speaker of the House of Representatives; and (i) the efforts of State and local governments ation. (iv) one representative appointed by the Mi- to collect sales and use taxes owed on purchases øSEC. 6. DEFINITIONS. nority Leader of the House of Representatives. øFor the purposes of this Act— (C) Six representatives of the electronic indus- from interstate sellers, the advantages and dis- ø(1) INTERNET.—The term ‘‘Internet’’ try and consumer groups comprised of— advantages of authorizing State and local gov- means collectively the myriad of computer (i) two representatives appointed by the Ma- ernments to require such sellers to collect and and telecommunications facilities, including jority Leader of the Senate; remit such taxes, particularly with respect to equipment and operating software, which (ii) one representative appointed by the Mi- electronic commerce, and the level of contacts comprise the interconnected world-wide net- nority Leader of the Senate; sufficient to permit a State or local government October 1, 1998 CONGRESSIONAL RECORD — SENATE S11271

to impose such taxes on such interstate com- (6) MULTIPLE TAX.— (3) by adding at the end the following new merce; (A) IN GENERAL.—The term ‘‘multiple tax’’ subsection: (ii) model State legislation relating to taxation means any tax that is imposed by one State or ‘‘(d) ELECTRONIC COMMERCE.—For purposes of transactions using the Internet and Internet political subdivision thereof on the same or es- of this section, the term ‘electronic commerce’ access, including uniform terminology, defini- sentially the same electronic commerce that is has the meaning given that term in section tions of the transactions, services, and other ac- also subject to another tax imposed by another 104(3) of the Internet Tax Freedom Act.’’. tivities that may be subject to State and local State or political subdivision thereof (whether or SEC. 203. DECLARATION THAT THE INTERNET taxation, procedural structures and mechanisms not at the same rate or on the same basis), with- SHOULD BE FREE OF FOREIGN TAR- applicable to such taxation, and a mechanism out a credit (for example, a resale exemption IFFS, TRADE BARRIERS, AND OTHER for the resolution of disputes between States re- certificate) for taxes paid in other jurisdictions. RESTRICTIONS. garding matters of multiple taxation; and (B) EXCEPTION.—Such term shall not include (a) IN GENERAL.—It is the sense of Congress (iii) ways to simplify the interstate adminis- a sales or use tax imposed by a State and 1 or that the President should seek bilateral, re- tration of sales and use taxes on interstate com- more political subdivisions thereof on the same gional, and multilateral agreements to remove merce, including a review of the need for a sin- electronic commerce or a tax on persons engaged barriers to global electronic commerce through gle or uniform tax registration, single or uniform in electronic commerce which also may have the World Trade Organization, the Organiza- tax returns, simplified remittance requirements, been subject to a sales or use tax thereon. tion for Economic Cooperation and Develop- simplified administrative procedures, or the need (C) SALES OR USE TAX.—For purposes of sub- ment, the Trans-Atlantic Economic Partnership, for an independent third party collection sys- paragraph (B), the term ‘‘sales or use tax’’ the Asia Pacific Economic Cooperation forum, tem; and means a tax that is imposed on or incident to the Free Trade Area of the America, the North (E) the examination of ways to simplify Fed- the sale, purchase, storage, consumption, dis- American Free Trade Agreement, and other ap- eral and State and local taxes imposed on the tribution, or other use of tangible personal prop- propriate venues. provision of telecommunications services. erty or services as may be defined by laws im- (b) NEGOTIATING OBJECTIVES.—The negotiat- SEC. 103. REPORT. posing such tax and which is measured by the ing objectives of the United States shall be— Not later than 18 months after the date of the amount of the sales price or other charge for (1) to assure that electronic commerce is free enactment of this Act, the Commission shall such property or service. from— transmit to Congress a report reflecting the re- (7) STATE.—The term ‘‘State’’ means any of (A) tariff and nontariff barriers; sults of the Commission’s study under this title. the several States, the District of Columbia, or (B) burdensome and discriminatory regulation No finding or recommendation shall be included any commonwealth, territory, or possession of and standards; and in the report unless agreed to by at least two- the United States. (C) discriminatory taxation; and thirds of the members of the Commission serving (8) TAX.— (2) to accelerate the growth of electronic com- at the time the finding or recommendation is (A) IN GENERAL.—The term ‘‘tax’’ means— merce by expanding market access opportunities (i) any levy, fee, or charge imposed under gov- made. for— ernmental authority by any governmental en- (A) the development of telecommunications in- SEC. 104. DEFINITIONS. tity; or frastructure; For the purposes of this title: (ii) the imposition of or obligation to collect (B) the procurement of telecommunications (1) BIT TAX.—The term ‘‘bit tax’’ means any and to remit to a governmental entity any such equipment; tax on electronic commerce expressly imposed on levy, fee, or charge imposed by a governmental (C) the provision of Internet access and tele- or measured by the volume of digital informa- entity. communications services; and tion transmitted electronically, or the volume of (B) EXCEPTION.—Such term shall not include (D) the exchange of goods, services, and digi- digital information per unit of time transmitted any franchise fees or similar fees imposed by a talized information. electronically, but does not include taxes im- State or local franchising authority, pursuant to (c) ELECTRONIC COMMERCE.—For purposes of posed on the provision of telecommunications section 622 or 653 of the Communications Act of this section, the term ‘‘electronic commerce’’ has services. 1934 (47 U.S.C. 542, 573). the meaning given that term in section 104(3). (2) DISCRIMINATORY TAX.—The term ‘‘discrimi- (9) TELECOMMUNICATIONS SERVICES.—The term SEC. 204. NO EXPANSION OF TAX AUTHORITY. natory tax’’ means any tax imposed by a State ‘‘telecommunications services’’ has the meaning Nothing in this Act shall be construed to ex- or political subdivision thereof on electronic given such term in section 3(46) of the Commu- pand the duty of any person to collect or pay commerce that— nications Act of 1934 (47 U.S.C. 153(46)) and in- taxes beyond that which existed immediately be- (A) is not generally imposed and legally col- cludes communications services (as defined in fore the date of the enactment of this Act. lectible by such State or such political subdivi- section 4251 of the Internal Revenue Code of sion on transactions involving the same or simi- 1986). SEC. 205. PRESERVATION OF AUTHORITY. Nothing in this Act shall limit or otherwise af- lar property, goods, services, or information ac- TITLE II—OTHER PROVISIONS complished through other means; fect the implementation of the Telecommuni- (B) is not generally imposed and legally col- SEC. 201. DECLARATION THAT INTERNET SHOULD cations Act of 1996 (Public Law 104–104) or the BE FREE OF NEW FEDERAL TAXES. lectible at the same rate by such State or such amendments made by such Act. It is the sense of Congress that no new Fed- political subdivision on transactions involving eral taxes similar to the taxes described in sec- (Under the order of September 30, the same or similar property, goods, services, or tion 101(a) should be enacted with respect to the 1998, the Commerce Committee amend- information accomplished through other means, Internet and Internet access during the morato- unless the rate is lower as part of a phase-out ment and the Finance Committee rium provided in such section. of the tax over not more than a 5-year period; amendment were agreed to.) or SEC. 202. NATIONAL TRADE ESTIMATE. Mr. MCCAIN. For the information of (C) imposes an obligation to collect or pay the Section 181 of the Trade Act of 1974 (19 U.S.C. all Senators, several amendments are tax on a different person or entity than in the 2241) is amended— expected to be offered and debated to- (1) in subsection (a)(1)— case of transactions involving the same or simi- morrow to this vital piece of legisla- lar property, goods, services, or information ac- (A) in subparagraph (A)— (i) by striking ‘‘and’’ at the end of clause (i); tion. Therefore, all Members should be complished through other means. (ii) by inserting ‘‘and’’ at the end of clause aware that votes can be expected to (3) ELECTRONIC COMMERCE.—The term ‘‘elec- (ii); and tronic commerce’’ means any transaction con- occur on Friday. (iii) by inserting after clause (ii) the following ducted over the Internet or through Internet ac- Mr. President, tomorrow morning we new clause: will start out with a Bumpers amend- cess, comprising the sale, lease, license, offer, or ‘‘(iii) United States electronic commerce,’’; delivery of property, goods, services, or informa- and ment which he will be prepared to pro- tion, whether or not for consideration, and in- (B) in subparagraph (C)— pound shortly after we convene in the cludes the provision of Internet access. (i) by striking ‘‘and’’ at the end of clause (i); morning. And we expect a couple of (4) INTERNET.—The term ‘‘Internet’’ means the (ii) by inserting ‘‘and’’ at the end of clause other amendments besides that. Also, combination of computer facilities and electro- (ii); it is the intention of the leader to file magnetic transmission media, and related equip- (iii) by inserting after clause (ii) the following ment and software, comprising the inter- cloture tomorrow morning, as well, on new clause: this legislation since we only have a connected worldwide network of computer net- ‘‘(iii) the value of additional United States works that employ the Transmission Control electronic commerce,’’; and few days remaining in the session. Protocol/Internet Protocol, or any predecessor or (iv) by inserting ‘‘or transacted with,’’ after We have been working with Senator successor protocol, to transmit information. ‘‘or invested in’’; DORGAN and with Senator GRAHAM of (5) INTERNET ACCESS.—The term ‘‘Internet ac- (2) in subsection (a)(2)(E)— Florida to try to resolve the remaining cess’’ means a service that enables users to ac- (A) by striking ‘‘and’’ at the end of clause (i); issues, and with Senator JUDD GREGG cess content, information, electronic mail, or (B) by inserting ‘‘and’’ at the end of clause of New Hampshire. I am hopeful that other services offered over the Internet, and may (ii); and also include access to proprietary content, infor- (C) by inserting after clause (ii) the following we can reach agreement which would mation, and other services as part of a package new clause: then allow us to move forward quickly of services offered to consumers. Such term does ‘‘(iii) the value of electronic commerce trans- and resolve this very important piece not include telecommunications services. acted with,’’; and of legislation. S11272 CONGRESSIONAL RECORD — SENATE October 1, 1998 I yield the floor. most concerned about disability poli- denied that opportunity. We ought to The PRESIDING OFFICER. The cies including the Multiple Sclerosis be able to get to it. I believe it Chair, in his capacity as a Senator Society, United Cerebral Palsy, the wouldn’t take a great deal of time. from the State of Utah, suggests the American Academy of Neurology, and The list goes on. Our bill was intro- absence of a quorum. the Center on Disability and Health. duced in March. But, the Senate has The clerk will call the roll. This, Mr. President, is only one page taken no action because the Repub- The legislative clerk proceeded to of a series of pages of different groups lican leadership has been using every call the roll. where it can be said, without con- trick in the procedural playbook to Mrs. HUTCHISON. Mr. President, I tradiction, that every major medical prevent a meaningful debate. The Re- ask unanimous consent that the order association in our country supports the publican leadership is abusing the rules for the quorum call be rescinded. Daschle proposal which is sponsored by of the Senate so that the health insur- The PRESIDING OFFICER. Without the Democrats. Virtually every single ance companies can continue to abuse objection, it is so ordered. doctors organization, every single patients. That happens to be the fact. f nurses organization, every single con- We have too many instances of re- sumer organization, every organization ports from patients that say, every sin- MORNING BUSINESS that has represented children in our so- gle day we fail to provide these guaran- Mrs. HUTCHISON. On behalf of the ciety, every association that represents tees, members of their family are put leader, I ask unanimous consent that cancer victims, every association that at risk. Every day we continue to deny there now be a period for morning busi- represents the disability community— women who have breast cancer the op- ness, with Senators permitted to speak every one of those organizations, plus portunity to be involved in clinical for up to 5 minutes each. many others, support our particular trials at places like the Lombardi Cen- The PRESIDING OFFICER. Without proposal. There is not one organiza- ter, we are putting those particular objection, it is so ordered. tion, not a single organization, that women at risk. f supports the alternative Republican As I mentioned yesterday, out at the Lombardi Center they have eight pro- PATIENTS’ BILL OF RIGHTS proposal. We have asked day in and day out for them just to find one organiza- fessional individuals whose only job is Mr. KENNEDY. Mr. President, the tion representing any of the doctors or to argue with the HMOs to permit the matter that I want to address, again, is nurses, children’s groups, women’s parties involved, access to the clinical the issue of the Patients’ Bill of groups, cancer victims groups, disabil- trials their doctors say are necessary Rights. It is time for our Republican ity groups, any of those groups in our but that the HMO will not permit them leadership to stop the blocking of the society, and all we have is silence. access to. Patients’ Bill of Rights. It is time for This isn’t a matter that we are advo- Our bill provides these kinds of pro- them to stop protecting the insurance cating because of our particular inter- tections. It is common sense. Without company profits and start protecting est. We are advocating on behalf of all these kinds of protections, we are en- the parties. It is time for them to stop of these organizations and all of the dangering the lives of those individuals manipulating the rules of the Senate to various patients and all of the various who ought to be a part of the clinical deny the American people the protec- families that are part of this central trials. That is a very important protec- tions they deserve. concern about how we best can protect tion. It is clear what is going on here. It is the families in this country. The best Every day, we are denied that kind of clear to every Member of the Senate. It way those families can be protected is, debate and resolution, but we still find should be clear to the American people. at least, through debate on a Patients’ that patients are abused by too many The American people want Congress to Bill of Rights and, I believe, by the en- of the HMOs. The Republican leader- pass strong, effective legislation to end actment of this legislation. ship wants to gag the Senate so that the abuse by HMOs, the managed care As we have said on many different HMOs can continue to gag the doctors plans, and the health insurance compa- occasions, these are commonsense solu- who tell patients about needed treat- nies. tions to the kind of problems that are ments that are too expensive for the The Patients’ Bill of Rights, spon- real problems out there and that are HMO balance sheet. sored by Senator DASCHLE and Senate being faced by families every single I use those words ‘‘gag the Senate’’ Democrats, provides the needed and day. If a child is sick and the parents of because all we have had on the other long overdue antidote to the festering that child belong to one HMO, that am- side is the proposal that you can have and growing abuses. Our goal is to pro- bulance has to drive by the nearest one, two, or three amendments but no tect patients and see that insurance emergency room and go to an emer- other. You can’t have any others. We plans provide the quality care they gency room across town because it is are not going to take the time of the promise but too often fail to deliver. on the list of that HMO. When that U.S. Senate to do it, although we did Two hundred groups of patients, doc- child is in an emergency situation, find time to have a debate on the issue tors, nurses, and families have an- they ought to be able to go to the near- of salting; we had time to debate that nounced support for our bill and are est hospital—that is one of our bills’ issue. We had time to debate the issues begging the Republican leadership to protections. It is listed right here. We on the Vacancies Act. We have had listen to their voices. I have the list of believe that child ought to have the op- time to debate issues like bankruptcy the various groups supporting our leg- portunity to go to the nearest emer- which affects 1.2 million people. But islation. They represent virtually all of gency room and have the kind of imme- our patient protections bill, which af- the major doctor and nurse organiza- diate attention, but also the follow-up fects tens of millions of our fellow citi- tions and consumer groups, starting attention that they need. zens, we evidently, haven’t got the with the American Medical Associa- That right would be guaranteed time to debate that. tion, the various cancer societies, the under our Patients’ Bill of Rights. We The Republican leadership wants to National Breast Cancer Coalition, and want to debate that issue. That is a deny a fair debate on the Patients’ Bill all of the American nursing associa- commonsense proposal. It is a com- of Rights so HMOs can continue to tions. The supporters also include monsense proposal that any family can deny the needed patient care. The Re- those groups that are most interested understand. If there is going to be an publican leadership wants to avoid ac- in the health care of children including emergency affecting a child, it makes countability in the U.S. Senate so that the Children’s Defense Fund and the no sense to drive them by the nearest managed care plans can avoid account- American Academy of Pediatrics. emergency room and take them clear ability with their unfair decisions, These groups also represent our senior across town to a more distant emer- when their unfair decisions kill or in- citizens including the National Council gency room if that child needs imme- jure patients. The Republican leader- of Senior Citizens. The bill is also sup- diate medical attention. ship has found time to call up the Va- ported by groups that are most inter- That is common sense. That protec- cancy Act, the salting bill, the Child ested in mental health, the Mental tion is here. We ought to be able to de- Custody Act, the Bankruptcy Act, and Health Association, and those groups bate that particular issue, but we are the Internet tax bill. So it is clear that October 1, 1998 CONGRESSIONAL RECORD — SENATE S11273 protecting patients from abuse by anxious to prevent its consideration? chased their health insurance and paid HMOs and health insurance companies Our bipartisan Patients’ Bill of Rights the premiums. Virtually all of the pro- is a priority for American families, but takes insurance company accountants tections in this legislation are already not for the Republican leadership. out of the practice of medicine and re- available under medical care. How else can that be explained? How turns decisionmaking to patients’ doc- As I mentioned, of these 15 protec- else can you explain the fact that the tors, where it belongs. That is it. When tions which are at the heart of our leg- Republican leadership has called up you come right down to it, there it is. islation, over half of them are already these different pieces of legislation, When you are going to the emergency in the law under Medicare. Over half of but denies us the opportunity to debate room, an accountant can say, ‘‘No, you them have been unanimously rec- this issue, which is of essential impor- can’t go there, you have to go across ommended by the President’s biparti- tance? town.’’ Our bill says if you have an san commission—not in legislation, but Listen to this, Mr. President. The Re- emergency, go to the nearest one. If recommended as being essential in publican leadership, just yesterday, you need access to a specialist and the terms of good health care. And we agreed to a unanimous consent agree- primary care physician says go to a know that many of them have been ment on the Internet tax bill that specialist, you can go to a specialist. recommended by various health care would have allowed all relevant amend- Or if you need a pediatric specialist, plans, and many have even been rec- ments—no limitation on the number of where a child has cancer—you can go ommended by the insurance commis- amendments, no limitation on the time to an oncology specialist for children. sioners that have responsibility—made to debate each amendment, and no lim- These are common sense protections. It up of Republicans and Democrats alike. itation on the time for the overall de- is the doctors, the patients, the medi- You cannot find on this list a single bate. We should have the opportunity cal professions making the decision, one of these commonsense protections to do that on the Patients’ Bill of not the accountants. That’s the bottom that haven’t been recommended by at Rights, but, oh, no, we can’t do that line. least one of those four groups. And with the Patients’ Bill of Rights—even Mr. President, when we say these are most of them have been recommended though the failure to provide these pro- commonsense solutions, I daresay that by two, or even three, of those groups. tections puts at risk so many fellow 99 percent of the American people These aren’t off-the-wall kinds of pro- citizens every single day. would agree that doctors and nurses tections. These are commonsense pro- But no, the Republican leadership ought to make the decisions with re- tections. They are recommended by said instead we will have a consent gard to health care issues for your fam- those who understand what the oppor- agreement on the Internet tax bill. I ily and for your children, not account- tunity and the problems are in terms of wonder how many people here in the ants. That is what we are trying to do health care delivery by HMOs. That is Senate, let alone those who are watch- and that is at the heart of this debate. it. Why don’t we have the opposition ing, would feel that particular issue is But we are denied the opportunity to saying, ‘‘Where did you find 5, or 6, or of more importance than the Patients’ have that debate because once you go 7, or 10 of those various recommenda- Bill of Rights. We have moved ahead and say you are going to have the med- tions? Where in the world did they now on the questions of that particular ical decisions affecting your family de- come from? Who thought those up?’’ legislation, and I intend to support it. cided by doctors and trained medical That isn’t an argument that is made. It is important legislation, particularly professionals, it somehow may threat- All 15—are either recommended by the for a State like mine, Massachusetts, en the profits of the health delivery bipartisan President’s commission, the with a lot of high tech and similar system, the HMOs. Those HMOs have health plan agencies themselves, Medi- kinds of issues. But, Mr. President, to layers of different individuals that say care, or the insurance industry them- put this bill on the same level as what ‘‘no.’’ selves. That is why, when we say these we are talking about with the Patients’ I am reminded of when President Bill of Rights, it just shouldn’t be. are common sense, they are, Mr. Presi- Clinton said just a week ago, ‘‘You Senator DASCHLE asked Senator LOTT dent. for a similar agreement on the Pa- never find an accountant in an HMO If you are not going to find the var- tients’ Bill of Rights on June 25. He that loses his job for saying ‘no.’ They ious health plans responding to these asked him for an agreement on July 29. don’t get fired. The ones that get fired recommendations and enforcing them, He asked him on September 1, and he are the ones that say ‘yes.’ ’’ Yes, they at some time you are going to have to asked him on September 9. Each time, need to go to a specialist; yes, they go ahead with this. I daresay that the need additional kinds of important very good HMOs are complying with Senator LOTT, the Senate Republican leader, said no. Do we understand that, types of prescription drugs; yes, they this now. They have nothing to fear. Mr. President? On June 25, on this leg- need to have the kind of care that may That is why many of the HMOs endorse islation—the Patients’ Bill of Rights, be more costly, but, more importantly, this, because they are already doing it. Senator DASCHLE asked for the same may save the life of that individual; The good ones are already doing it. The kind of agreement made yesterday by and, yes, it may very well be if those good ones have absolutely no fear the Republican leadership on the Inter- people get better, it would be less cost- about it. It is just the other ones. net tax bill. He asked for it on July 29. ly to the HMO over a long period of Those are the ones that result in the He asked for it September 1. He asked time. That is the issue, Mr. President. kinds of tragedies that have been listed for it on September 9. Each time, Sen- That is the bottom line. by so many of our colleagues over the ator LOTT and the Senate Republicans Our program simply guarantees peo- preceding weeks and months. These are said no. ple the rights that every honorable in- commonsense rights that provide ac- Senator DASCHLE also offered to surance company already provides, and cess to the appropriate specialists agree on May 12 and on July 16, to a far provides an effective and timely means when the patient’s condition requires more restrictive agreement, limiting to enforce these rights. The good, hon- specialty care. They allow people with the number of amendments, but Sen- orable insurance companies do that, chronic illnesses and disabilities to ator LOTT and the Republicans said no. Mr. President, and so do some of the have referrals to the specialists that Senator LOTT and the Senate Repub- HMOs. But, many of them do not. And they need on a regular basis. They pro- licans are perfectly willing to agree to what happens is they obviously have vide for a continuity of care so the peo- essentially unlimited debate on the the competitive advantage over the ple will not have to interrupt their Internet tax bill, but they are not will- good ones. That is wrong. They have course of treatment and find another ing to allow any reasonable oppor- the competitive advantage because doctor because their health plan drops tunity to debate, amend, and vote on they shortchange the protection of their physician or because their em- the Patients’ Bill of Rights. This their consumers, and that is what is at ployer changes health plans in the mid- record of abuse should be unacceptable the heart of this whole debate. The pro- dle of a treatment, for example. to the Senate, and it certainly is unac- tections we provide, as I mentioned, When a member of the family is ceptable to the American public. are commonsense components of good being treated with chemotherapy and What does our legislation do, and health care that every family believes has to have a combination of treat- why is the Republican leadership so they were promised when they pur- ment over 6 or 12 months, or 18 months, S11274 CONGRESSIONAL RECORD — SENATE October 1, 1998 to find out in the middle of that, after through research that are targeting licans, independents—believe that this 5 months, with all the kinds of anxi- these kinds of illnesses and diseases. I is a critical and important issue. eties that people are affected by, that personally believe that the next cen- When I brought this issue to the the particular company has changed tury is going to be the century of the State of Illinois and visited a hospital HMOs and suddenly that doctor and the life sciences. Just at a time when we with a doctor, he told me a story of a nurse and the treatment are pulled out have the greatest opportunity for cures woman bringing her son in complaining from underneath you, we think that of the most dreaded disease, we are of headaches on the left side of his family ought to be protected. That in- closing down the opportunities for par- head. The doctor thought that a CAT dividual who is going through that par- ticipating in these clinical trials. It is scan was indicated to see if a tumor ticular chemotherapy, or specialized just extraordinary. was present. Before he told the mother, care, ought to be able to complete that In the testimony that we have seen, he called the insurance company. They particular treatment. it is clear that there isn’t really any said they would not pay for it. The doc- Is that such a radical idea, when you additional cost to the various HMOs, tor had to go back into his office and have an individual who has had all of because all they are asking for is con- tell the mother that he thought they these kinds of concerns—not just finan- tinuity of care for the patient, and just didn’t need to do anything. He was pro- cial concerns, but the emotional, the to continue to pay the outlay—not for hibited by the terms of his contract pain, and the suffering—and finally to the particular analysis of the various with the insurance company from even have what is so important, the doctor- clinical trials, not for the new kinds of telling the mother that he had been patient relationship, the trust and con- medications that might be rare and ex- overruled by the insurance company. fidence in that doctor, and then, be- pensive, not to do summations, or pay, Think of that—if you are bringing your cause some bureaucratic decision is or participate in terms of these other son or daughter into a doctor, that you made to pull that doctor away from kinds of studies. Absolutely not. All could be treated that way. that particular patient—we think there the HMO has to do is the continuity of What Senator KENNEDY is suggesting, ought to be a guarantee that there can care—just provide the kind of care that and many of us believe is important be- at least be the continuation of care for they would otherwise be providing. fore we go home, before we address that particular incidence of care. That is the amazement of some of the other issues on the floor: We should Is that so dramatic? Is that so unrea- top researchers who appeared before take up the Patients’ Bill of Rights for sonable? Is that so outrageous? It our forums, who were in charge of some that mother and the millions of others seems to me that is common sense. of the most important clinical trials in like her across America who are count- No patient with symptoms of a this country, because they say it really ing on us to do something substantive stroke should be forced to delay treat- doesn’t cost the HMO any more. The before we leave. ment to the point where paralysis and fact is, if the patients participate, they I fully support the Senator. disability are permanent because a may very well and so often do get Mr. KENNEDY. If I could just add to managed care accountant does not re- much better, and it saves the HMO a what the Senator has pointed out, spond promptly and appropriately. great deal of resources and funding. would you believe that in the Repub- Patients with serious illnesses, like That is why there is an absolute dis- lican proposal, for example, any medi- cancer, Alzheimer’s, osteoporosis, or belief on the part of so many of the top cal procedure that wasn’t over $1,000 rheumatoid arthritis, who cannot be researchers. could not be appealed? And so for the helped by standard treatment, should They pointed out that not only were kind of situation that the Senator is have the right to participate in the we disadvantaging so many individ- talking about, under the Republican quality clinical trials that can help uals, particularly in the area of can- proposal, they say, oh, look, we have find a cure or offer the hope of im- cers, and specifically in the area of taken care of that, except if that medi- provement. Traditionally, insurance breast cancer and clinical trials, but cal procedure is less than $1,000. Then has allowed patients this opportunity. also that the research progress was there is no opportunity for appeal. So, But, no; managed care is saying no to being hurt here in the United States effectively, you are saying there are no both the patients and medical person- because of the failure of participation MRIs for any child who falls off a bicy- nel. Now, too many of the managed of many of these patients. cle, gets hit playing football, falls care companies are saying no to both. As I mentioned just a moment ago, in down or has an accident playing hock- Patients and medical research are suf- all of the various forums that we had, ey. And the Senator from Illinois fering. there were many different facts that knows families as I do that deny their It was unthinkable 5 years ago that stood out. But when you have the top children the opportunity to play sports when a doctor recommended that a clinicians say that at the Lombardi because they haven’t got health insur- child participate in a clinical trial, the Clinical Research Center, here within ance or because they are not going to insurance wouldn’t cover them. They the shadow of the Nation’s Capitol, be able to get any kind of coverage for all did. It has only been in the most re- they have eight highly professional sickness or illness. cent times where it is becoming a pat- people who are spending all of their As bad as it is, as the Senator has tern and practice of too many HMOs time all day long wrestling with HMOs pointed out, we ought to have an op- that say no, we are not going to permit based on the fact that doctors have rec- portunity—would the Senator not you to participate, even though a doc- ommended that their patients partici- agree, to debate this sort of phony pro- tor believes that it is in the health in- pate in these clinical trials, but yet tection advanced by the Republicans, terests of the individual to participate still have to spend all of their time ar- saying we will guarantee some oppor- in those particular clinical trials. guing with the HMO to permit those tunity for appeal but not if it was Mr. President, the thing that is real- individuals to actually participate in under $1,000. ly so shocking is that we are now see- these clinical trials. It is absolutely be- Patients should have the right to ap- ing extraordinary breakthroughs— yond belief to me, absolutely beyond peal decisions of their plans to inde- every single week there are new medi- belief. pendent third parties. Today, if a cal breakthroughs. Particularly in the Mr. DURBIN. Mr. President, will the health plan breaks its promise, there is areas of cancer, there are new medical Senator yield for a question? no remedy that can provide relief in breakthroughs, and specifically in the Mr. KENNEDY. I am glad to yield for time to save a life or prevent a disabil- area of breast cancer. a question. ity. Look at all of the work that has been Mr. DURBIN. If I understand, the Independent review was rec- done in terms of the mapping of the statement is that before we go home ommended unanimously by the Presi- human gene and isolating the various we need to address the Patients’ Bill of dent’s Commission. It has worked suc- DNA through research. Look at the ex- Rights. It appears that there is a wide cessfully in Medicare for over thirty traordinary work that is being done public sentiment in support of this. It years. Families deserve the basic fair- out at NIH and a few of the other great isn’t a partisan issue, by a long shot. ness that only an impartial appeal can research centers, and the new kinds of All the polls suggest that the voters, provide. Without such a remedy, any opportunities that are available almost uniformly—Democrats, Repub- ‘‘rights’’ of patients exist on paper October 1, 1998 CONGRESSIONAL RECORD — SENATE S11275 only—and they are often worth no women, and working families. That is All Americans should ponder the eco- more than the paper on which they are why it enjoys bi-partisan support from nomic calamity certain to occur in the printed. When the issues are sickness members of Congress on both sides of U.S. if and when foreign producers shut and health—and often as serious as life the aisle, including a courageous physi- off our supply—or double the already and death—no health insurance com- cian, Dr. GREG GANSKE, a Republican enormous cost of imported oil flowing pany should be allowed to be both Congressman from Iowa, who has seen into the U.S.: now 9,953,000 barrels a judge and jury. the abuses of managed care first-hand. day at a cost of approximately In addition, when the misconduct of The Republican leadership plan, by $132,175,840 a day. managed care plans actually results in contrast, is not supported by any group f serious injury or death, patients and of doctors or nurses or patients. It has their families should be able to hold no bi-partisan support. It is an indus- THE VERY BAD DEBT BOXSCORE the plans liable in court. Every other try profit protection program, not a Mr. HELMS. Mr. President, at the industry in America can be held re- patient protection program. It is not a close of business yesterday, Wednes- sponsible for its actions. Why should Patients’ Bill of Rights. It is a Pa- day, September 30, 1998, the federal health plans, whose decisions truly can tients’ Bill of Wrongs. That is why we debt stood at $5,526,193,008,897.62 (Five mean life or death, enjoy this unique need a full debate—so that it can be trillion, five hundred twenty-six bil- and unfair immunity? amended and improved until it pro- lion, one hundred ninety-three million, Under current law—the Employee vides the protections patients need. eight thousand, eight hundred ninety- Retirement and Income Security Act— If the Majority Leader will stop abus- seven dollars and sixty-two cents). patients whose lives have been dev- ing the rules of the Senate and allow One year ago, September 30, 1997, the astated or destroyed by the reckless this debate to proceed, I believe that federal debt stood at $5,413,146,000,000 behavior of their health plan have no the Senate will pass strong reforms (Five trillion, four hundred thirteen right to go to court to obtain an appro- that will be signed into law by the billion, one hundred forty-six million). priate remedy under state law. ERISA President. The American people de- Five years ago, September 30, 1993, ‘‘preempts’’ all state remedies. Pa- serve real reform, and I believe that the federal debt stood at tients are limited to the narrow federal when the Senate votes in the clear $4,411,488,000,000 (Four trillion, four remedy under ERISA, which covers light of day, it will give the American hundred eleven billion, four hundred only the cost of the procedure that the people the reforms they deserve. This eighty-eight million). plan failed to pay for. You can be crip- issue is a test of the Senate’s willing- Ten years ago, September 30, 1988, pled for life by cancer because your ness to put a higher priority on the the federal debt stood at plan refused to authorize a test costing needs of families than on the profits of $2,602,338,000,000 (Two trillion, six hun- a few hundred dollars to detect the special interests. And it is time for the dred two billion, three hundred thirty- cancer in its early stages—and all you Senate to act. eight million). can get back to help support your fam- The choice is clear. The Senate Fifteen years ago, September 30, 1983, ily is the cost of the test you failed to should stand with patients, families, the federal debt stood at get. and physicians, not with the well- $1,377,210,000,000 (One trillion, three During the debate on the tobacco leg- heeled special interests that put profits hundred seventy-seven billion, two islation, Republicans and Democrats ahead of patients. hundred ten million) which reflects a alike voted overwhelmingly to support The American people know what’s debt increase of more than $4 trillion— the principle that no industry in Amer- going on. Movie audiences across the $4,148,983,008,897.62 (Four trillion, one ica should be exempt from accountabil- country erupt in cheers when actress hundred forty-eight billion, nine hun- ity for its actions. Because of ERISA Helen Hunt attacks the abuses of man- dred eighty-three million, eight thou- preemption, one industry alone—the aged care in the film ‘‘As Good As It sand, eight hundred ninety-seven dol- health insurance industry—enjoys this Gets.’’ Helen Hunt won an Oscar for lars and sixty-two cents) during the protection today. That is wrong—and that performance, but managed care past 15 years. the Senate should say it’s wrong. isn’t winning any Oscars from the f During the debate on welfare reform, American people. Everyone knows that MAJOR GENERAL WILLIAM F. many on the other side of the aisle managed care today is not ‘‘as good as MOORE, USAF spoke strongly in favor of the need for it gets.’’ individuals to take responsibility for Too often, managed care is mis- Mr. LEVIN. Mr. President, I wanted their actions. It is ironic that some of managed care. No amount of distor- to take the opportunity to bring to the those who spoke most strongly for re- tions or smokescreens by insurance attention of the Senate the outstand- sponsibility for poor single mothers are companies can change the facts. The ing and continuing service of a fine Air opposed to responsibility for a powerful Patients’ Bill of Rights can stop these Force officer, General William F. industry that earns tens of billions of abuses. Let’s pass it now, before more Moore, USAF. dollars in profits every year. patients have to suffer. For almost three years, General What most Americans do not know— I thank the Chair. I thank the Sen- Moore has served as Director of Special and what the opponents of change ig- ator. Programs in the Office of the Secretary nore—is that ERISA pre-emption does f of Defense. In this capacity, he was re- not apply to state and local employee sponsible for coordinating planning, health plans. Employees of the city U.S. FOREIGN OIL CONSUMPTION budgeting, and management of very government or state government, FOR WEEK ENDING SEPTEMBER 25 sensitive Department of Defense spe- whose health benefits are provided by Mr. HELMS. Mr. President, the cial access classified programs. taxpayers, can hold their health plan American Petroleum Institute reports, In fulfilling these duties, General accountable in court if it kills or in- for the week ending September 25, that Moore has had frequent contact with jures them. But equally hardworking the U.S. imported 9,953,000 barrels of the leadership and members of the de- families down the street are defense- oil each day, 1,691,000 barrels a day fense oversight committees in Con- less—because they happen to work for more than the 8,262,000 imported during gress. I believe that General Moore has private industry. the same week a year ago. executed these duties in an exemplary Our legislation is truly a Patients’ Americans relied on foreign oil for manner. General Moore always oper- Bill of Rights that will provide these 54.6 percent of their needs last week. ated in a very forthcoming manner, protections and more. It is a moderate, There are no signs that the upward spi- was sensitive to the needs of Congres- responsible, and effective response to ral will abate. Before the Persian Gulf sional oversight committee members, the widespread problems patients and War, the United States imported about and made great strides in improving their families face every day. That is 45 percent of its oil supply from foreign the Congressional understanding and why it is supported by a broad and di- countries. During the Arab oil embargo coordination of special access pro- verse coalition of doctors, nurses, pa- in the 1970s, foreign oil accounted for grams. I would point out that our tients, and advocates for children, only 35 percent of America’s oil supply. former colleague, Secretary of Defense S11276 CONGRESSIONAL RECORD — SENATE October 1, 1998 Bill Cohen, also recognized this track on September 20 and held under the derly fashion without fear of arrest or record by awarding General Moore the provisions of the Internal Security Act intimidation, and that the government Defense Distinguished Service Medal. (ISA). will avoid the perception that Malaysia General Moore also had a distin- The ISA removes arrested individuals is looking more and more like Burma guished career in the Air Force before from the protections afforded criminal and less and less like a democracy. coming to that position. Among his defendants under Malaysia’s constitu- f many assignments, he has served as tion and statutes, and consequently the Program Executive Officer for Dato Seri Anwar was held in an undis- MESSAGES FROM THE PRESIDENT Bombers, Missiles, and Trainers within closed location without any formal Messages from the President of the the Office of the Assistant Secretary of charges being lodged against him. On United States were communicated to the Air Force for Acquisition; as the September 29, however, he was hauled the Senate by Mr. Williams, one of his System Program Director for the into court and charged with nine secretaries. Small ICBM; and in various positions counts of corruption and sexual mis- EXECUTIVE MESSAGES REFERRED with the Advanced Medium Range Air- conduct, including four sodomy counts. As in executive session the Presiding to-air Missile (AMRRAM), Peacekeeper The nature of the charges, as well as Officer laid before the Senate messages Missile, and Drone and Remotely Pi- the vagueness of them and the fact from the President of the United loted Vehicles programs. that several of the ‘‘witnesses’’ have al- States submitting sundry nominations General Moore is a graduate of the ready recanted, clearly indicates to me which were referred to the appropriate Air Force Academy, the Air War Col- that they were concocted by the gov- committees. lege, and the Defense Systems Manage- ernment for maximum shock value to (The nominations received today are ment College. He also took an M.B.A. discredit Dato Seri Anwar in a conserv- printed at the end of the Senate pro- degree from the Wharton School of Fi- ative Muslim country. ceedings.) nance and Commerce at the University More shocking to me, however, is the f of Pennsylvania. condition in which Dato Seri Anwar General Moore has been recently appeared at his arraignment. He had MESSAGES FROM THE HOUSE named as Deputy Director of the De- clearly been beaten while in custody. At 11:45 a.m., a message from the fense Threat Reduction Agency, a very He told the judge that on his first House of Representatives, delivered by important position. There is no doubt night of detention, while handcuffed Mr. Hays, one of its reading clerks, an- in my mind that General Moore will be and blindfolded, that he was ‘‘boxed nounced that the House has passed the as diligent a steward in his new posi- very hard on my head and lower jaw following bills, in which it requests the tion as he has been as Director of Spe- and left eye . . . I was then slapped very concurrence of the Senate: cial Programs. We are all fortunate to hard, left and right, until blood came H.R. 2187. An act to designate the United have a man of his professionalism and out from my nose and my lips cracked. States Courthouse located at 40 Foley ability in these positions, and I want to Because of this I could not walk or see Square in New York, New York, as the thank him both for his many years of properly.’’ To substantiate his claims, ‘‘Thurgood Marshall United States Court- Dato Seri Anwar then showed the court house.’’ service and wish him every continued H.R. 2327. An act to provide for a change in future success. a large bruise on his arm; his black eye the exemption from the child labor provi- f was already evident to everyone in the sions of the Fair Labor Standards Act of 1938 courtroom. He has not been allowed for minors who are 17 years of age and who POLITICAL DEVELOPMENTS IN any medical treatment for his injuries. engaged in the operation of automobiles and MALAYSIA Dr. Mahathir’s contention yesterday trucks. Mr. THOMAS. Mr. President, I rise that Dato Seri Anwar inflicted the in- H.R. 2730. An act to designate the Federal today as chairman of the Subcommit- juries to himself in order to gain a pub- building located at 309 North Church Street tee on East Asian and Pacific Affairs to lic relations coup is so absurd, so ludi- in Dyersburg, Tennessee, as the ‘‘Jere Cooper Federal Building.’’ express my deep concern over the re- crous, that it simply confirms in my H.R. 3598. An act to designate the Federal cent alarming political developments mind the veracity of Dato Seri Anwar’s Building located at 700 East San Antonio in Malaysia. contentions. Street in El Paso, Texas, as the ‘‘Richard C. On September 2, Prime Minister Mr. President, Dr. Mahathir prides White Federal Building.’’ Mahathir fired Deputy Prime Minister himself on having transformed Malay- H.R. 4081. An act to end the deadline under Dato Seri Anwar Ibrahim, his hand- sia from a divided multi-racial develop- the Federal Power Act applicable to the con- picked heir apparent. In the past few ing nation into a model of a modern, struction of a hydroelectric project in the months, as the value of the ringgit has State of Arkansas. cosmopolitan, economically sophisti- H.R. 4248. An act to authorize the use of re- dropped more than 60 percent against cated country, and not without some ceipts from the sale of the Migratory Bird the US dollar and as the economy has justification. He also prides himself on Hunting and Conservation Stamps to pro- shown increasing signs of going the being the self-appointed forward-think- mote additional stamp purchases. way of its surrounding Asian neigh- ing spokesman for Asian values and up- H.R. 4257. An act to amend the Fair Labor bors’, Dato Seri Anwar has been argu- holder of Asian independence from Standards Act of 1938 to permit certain ing with increasing frequency that the Western ‘‘interference.’’ But in my youth to perform certain work with wood country needs to adopt meaningful eco- products. opinion by his actions in the case of H.R. 4283. An act to support sustainable nomic structural reforms. This has run Dato Seri Anwar, he negates much of and broad-based agricultural and rural devel- counter to Mahathir’s insistence that the progress Malaysia has made in the opment in sub-Saharan Africa, and for other the root of the country’s economic ills eyes of the rest of the world. And on a purposes. lies solely at the feet of George Soros, personal level, he has sadly shown him- H.R. 4337. An act to authorize the Sec- and that by fixing the ringgit’s con- self to be just another third-world des- retary of the Interior to provide financial as- vertibility and taking other similarly pot intent on stifling any dissent, chal- sistance to the State of Maryland for a pilot isolationist measures. lenge to his authority, or deviation program to develop measures to eradicate or This difference of economic opinion control nutria and restore marshland dam- from the party line. aged by nutria. began to grow into a larger rift be- Mr. President, I call on the Malay- H.R. 4595. An act to redesignate the Fed- tween the two politicians as Dato Seri sian government to take every step to eral building located at 201 Fourteenth Anwar began touring the country and safeguard the rights of Dato Seri Street Southwest in the District of Columbia speaking publicly. Apparently, Anwar, ensure that any charges as the ‘‘Sidney R. Yates Federal Building.’’ Mahathir felt threatened both by Dato brought against him are not spurious, The message also announced that the Seri Anwar’s views and his popularity afford him a fair and open trial, and House has agreed to the following con- as a focus for growing anti-Mahathir fully investigate and prosecute those current resolution, in which it requests dissent, and dismissed him from his responsible for his mistreatment while the concurrence of the Senate: post. That didn’t stop Dato Seri Anwar in detention. I hope that all Malay- H. Con. Res. 317. Concurrent resolution ex- from continuing to express himself. As sians will be permitted to express their pressing the sense of the Congress that Mem- a result, Dato Seri Anwar was arrested political views in a peaceful and or- bers of Congress should follow the examples October 1, 1998 CONGRESSIONAL RECORD — SENATE S11277 of self-sacrifice and devotion to character Oceanic and Atmospheric Administration, ented Policing Services, Department of Jus- displayed by Jacob Chestnut and John Gib- Department of Commerce, transmitting, pur- tice, transmitting, pursuant to law, the re- son of the United States Capitol Police. suant to law, the report of a rule entitled port of a rule entitled ‘‘FY 1998 Police Re- The message further announced that ‘‘Endangered and Threatened Species; cruitment Program’’ (RIN1105–AA58) re- the House has passed the following bill, Threatened Status for the Oregon Coast ceived on September 29, 1998; to the Commit- Evolutionarily Significant Unit of Coho tee on the Judiciary. with amendments, in which it requests Salmon’’ (I.D. 063098A) received on Septem- EC–7287. A communication from the Direc- the concurrence of the Senate: ber 29, 1998; to the Committee on Environ- tor of the Office of Regulatory Management S. 417. An act to extend energy conserva- ment and Public Works. and Information, Environmental Protection tion programs under the Energy Policy and EC–7277. A communication from the Assist- Agency, transmitting, pursuant to law, the Conservation Act through September 30, ant General Counsel for Regulations, Depart- report of a rule regarding a Carbon Monoxide 2002. ment of Education, transmitting, pursuant Redesignation Plan and Emissions Inventory ENROLLED BILLS SIGNED to law, the report of a rule entitled ‘‘Federal for the New Haven-Merden-Waterbury Area Work Study Programs’’ (RIN1840–AC56) re- in Connecticut (FRL61667–1) received on Sep- At 6:28 p.m., a message from the tember 29, 1998; to the Committee on Envi- House of Representatives, delivered by ceived on September 29, 1998; to the Commit- tee on Labor and Human Resources. ronment and Public Works. one of its reading clerks announced EC–7278. A communication from the Chair- EC–7288. A communication from the Direc- that the Speaker has signed the follow- man of the Federal Energy Regulatory Com- tor of the Office of Congressional Affairs, Nu- ing bills: mission, transmitting, pursuant to law, the clear Regulatory Commission, transmitting, S. 1355. An act to designate the United report of a rule entitled ‘‘Revision of Fuel pursuant to law, a report entitled ‘‘Assess- ment and Recommendations for Fissile Ma- States courthouse located at 141 Church Cost Adjustment Clause Regulation Relating terial Packaging Exemptions and General Street in New Haven, Connecticut, as the to Fuel Purchases From Company-Owned or License Provisions Within 10 CFR Part 71’’; ‘‘Richard C. Lee United States Courthouse’’. Controlled Source’’ (Docket RM93–24–000) re- to the Committee on Environment and Pub- S. 2071. An act to extend a quarterly finan- ceived on September 29, 1998; to the Commit- lic Works. cial report program administered by the Sec- tee on Energy and Natural Resources. EC–7279. A communication from the Direc- EC–7289. A communication from the Chief retary of Commerce. of the Programs and Legislation Division, H.R. 3096. An act to correct a provision re- tor of the Office of Surface Mining Reclama- Office of Legislative Liaison, Department of lating to termination of benefits for con- tion and Enforcement, Department of the In- terior, transmitting, pursuant to law, the re- the Air Force, transmitting, pursuant to law, victed persons. notice of a cost comparison of the base oper- H.R. 4060. An act making appropriations port of a rule entitled ‘‘Surface Coal Mining ation support functions at Offutt Air Force for energy and water development for the fis- and Reclamation Operations On Federal Base, Nebraska; to the Committee on Armed cal year ending September 30, 1999, and for Lands; State-Federal Cooperative Agree- ments; Kentucky’’ (Docket KY–214–FOR) re- Services. other purposes. EC–7290. A communication from the Assist- ceived on September 29, 1998; to the Commit- H.R. 4382. An act to amend the Public ant Commissioner for Examination, Internal tee on Energy and Natural Resources. Health Service Act to revise and extend the Revenue Service, Department of the Treas- EC–7280. A communication from the Assist- program for mammography quality stand- ury, transmitting, pursuant to law, the re- ant Secretary for Land and Minerals Man- ards. port of a rule entitled ‘‘Coordinated Issue; agement, Department of the Interior, trans- The enrolled bills were signed subse- Utilities Industry; Capitalization of Costs— mitting, pursuant to law, the report of a rule Unclassified Labor Costs’’ received on Sep- quently by the President pro tempore entitled ‘‘Exchanges: General Procedures; tember 30, 1998; to the Committee on Fi- (Mr. THURMOND). State Exchanges; National Park Exchanges; nance. Wildlife Refuge Exchanges; Miscellaneous At 6:35 p.m. a message from the EC–7291. A communication from the Assist- Exchanges’’ (RIN1004–AC58) received on Sep- ant Commissioner for Examination, Internal House of Representatives, delivered by tember 29, 1998; to the Committee on Energy Revenue Service, Department of the Treas- Mr. Hanrahan, one of its reading and Natural Resources. ury, transmitting, pursuant to law, the re- clerks, announced that the House has EC–7281. A communication from the Assist- port of a rule entitled ‘‘Coordinated Issue; passed the following bill, in which it ant Secretary for Land and Minerals Man- Motor Vehicle Industry; Excess Parts Inven- requests the concurrence of the Senate: agement, Department of the Interior, trans- tory’’ received on September 30, 1998; to the mitting, pursuant to law, the report of a rule H.R. 4658. An act to extend the date by Committee on Finance. entitled ‘‘Grazing Administration; Alaska; EC–7292. A communication from the Direc- which an automated entry-exit control sys- Livestock’’ (RIN1004–AC70) received on Sep- tem must be developed. tor of the Office of Regulatory Management tember 29, 1998; to the Committee on Energy and Information, Environmental Protection f and Natural Resources. Agency, transmitting, pursuant to law, the EC–7282. A communication from the Dep- ENROLLED BILLS PRESENTED report of a rule entitled ‘‘Alder Bark; Ex- uty Assistant Secretary for Land and Min- emption from the Requirement of a Toler- The Secretary of the Senate reported erals Management, Department of the Inte- ance’’ (FRL6032–2) received on September 30, that on October 1, 1998 he had pre- rior, transmitting, pursuant to law, the re- 1998; to the Committee on Environment and sented to the President of the United port of a rule entitled ‘‘Final Rule Providing Public Works. States, the following enrolled bills: Uniform Procedures for Public Availability EC–7293. A communication from the Direc- of Mineral Resources Information’’ (RIN1004– tor of the Office of Regulatory Management S. 1355. An act to designate the United AB55) received on September 29, 1998; to the and Information, Environmental Protection States courthouse located at 141 Church Committee on Energy and Natural Re- Agency, transmitting, pursuant to law, the Street in New Haven, Connecticut, as the sources. report of a rule entitled ‘‘Approval and Pro- Richard C. Lee United States Courthouse. EC–7283. A communication from the Chief mulgation of Implementation Plans Georgia: S. 2071. An act to extend a quarterly finan- of the Regulations Branch, U.S. Customs Approval of Revisions to the Georgia State cial report program administered by the Sec- Service, Department of the Treasury, trans- Implementation Plan’’ (FRL6270–8) received retary of Commerce. mitting, pursuant to law, the report of a rule on September 30, 1998; to the Committee on f entitled ‘‘Removal of Brazil from the List of Environment and Public Works. EC–7294. A communication from the Direc- EXECUTIVE AND OTHER Nations Entitled to Reciprocal Exemption From the Payment of Special Tonnage tor of the Office of Regulatory Management COMMUNICATIONS Taxes’’ (T.D. 98–79) received on September 29, and Information, Environmental Protection The following communications were 1998; to the Committee on Finance. Agency, transmitting, pursuant to law, the laid before the Senate, together with EC–7284. A communication from the Chief report of a rule entitled ‘‘New Source Per- accompanying papers, reports, and doc- of the Regulations Unit, Internal Revenue formance Standards—Applicability of Per- Service, Department of the Treasury, trans- formance for Coal Preparation Plants to uments, which were referred as indi- mitting, pursuant to law, the report of a rule Coal Unloading Operations’’ (FRL6168–9) re- cated: entitled ‘‘Medical Savings Accounts’’ (An- ceived on September 30, 1998; to the Commit- EC–7275. A communication from the Assist- nouncement 98–88) received on September 29, tee on Environment and Public Works. ant Secretary of the Navy (Installations and 1998; to the Committee on Finance. EC–7295. A communication from the Direc- Environment), Department of the Navy, EC–7285. A communication from the Chief tor of the Office of Regulatory Management transmitting, pursuant to law, notice of the of the Regulations Unit, Internal Revenue and Information, Environmental Protection Department’s decision to study certain func- Service, Department of the Treasury, trans- Agency, transmitting, pursuant to law, the tions performed by military and civilian per- mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Protection of sonnel for possible performance by private entitled ‘‘Continuity of Interest’’ (RIN1545– Stratospheric Ozone: Reconsideration of Pe- contractors; to the Committee on Armed AW45) received on September 29, 1998; to the tition Criteria and Incorporation of Montreal Services. Committee on Finance. Protocol Decisions’’ (FRL6171–9) received on EC–7276. A communication from the Assist- EC–7286. A communication from the Gen- September 30, 1998; to the Committee on En- ant Administrator for Fisheries, National eral Counsel of the Office of Community Ori- vironment and Public Works. S11278 CONGRESSIONAL RECORD — SENATE October 1, 1998 EC–7296. A communication from the Direc- Resolved, That a copy of this Resolution be S. 2536. An original bill to protect the safe- tor of the Office of Regulatory Management transmitted to the Speaker of the U.S. House ty of United States nationals and the inter- and Information, Environmental Protection of Representatives, the President of the U.S. ests of the United States at home and Agency, transmitting, pursuant to law, the Senate, the President of the United States, abroad, to improve global cooperation and report of a rule entitled ‘‘Pyridaben; Pes- each member of the congressional delegation responsiveness to international crime and ticide Tolerances for Emergency Exemp- from Colorado, and James F. Holmes, Acting terrorism, and to more effectively deter tions’’ (FRL6031–5) received on September 30, Director, U.S. Census Bureau. international crime and acts of violence. 1998; to the Committee on Environment and f f Public Works. f REPORTS OF COMMITTEES EXECUTIVE REPORTS OF The following reports of committees COMMITTEE PETITIONS AND MEMORIALS were submitted: The following executive reports of The following petitions and memori- By Mr. ROTH, from the Committee on Fi- committees were submitted: als were laid before the Senate and nance, with an amendment in the nature of By Mr. CAMPBELL, from the Committee were referred or ordered to lie on the a substitute and an amendment to the title: on Indian Affairs: table as indicated: H.R. 3809. A bill to authorize appropria- Montie R. Deer, of Kansas, to be Chairman POM–548. A petition from a citizen of the tions for the United States Customs Service of the National Indian Gaming Commission State of Georgia relative to national efforts for fiscal years 1999 and 2000, and for other for the term of three years. to combat lung cancer; to the Committee on purposes (Rept. No. 105–359). By Mr. LUGAR, from the Committee on By Mr. CHAFEE, from the Committee on Labor and Human Resources. Agriculture, Nutrition, and Forestry: POM–549. A resolution adopted by the Leg- Environment and Public Works, with an Michael M. Reyna, of California, to be a islature of the State of Colorado; to the amendment in the nature of a substitute and Member of the Farm Credit Administration Committee on Governmental Affairs. an amendment to the title: Board, Farm Credit Administration, for a S. 555. A bill to amend the Solid Waste Dis- term expiring May 21, 2004. SENATE RESOLUTION 98S–004 posal Act to require that at least 85 percent By Mr. MCCAIN, from the Committee on Whereas, Article I, section 2, clause 3 of of funds appropriated to the Environmental Commerce, Science, and Transportation: the U.S. Constitution requires an ‘‘actual Protection Agency from the Leaking Under- Robert Clarke Brown, of Ohio, to be a enumeration’’ of the population every ten ground Storage Tank Trust Fund be distrib- Member of the Board of Directors of the Met- years and entrusts Congress with overseeing uted to States to carry out cooperative ropolitan Washington Airports Authority for all aspects of each decennial census; and agreements for undertaking corrective ac- a term expiring November 22, 1999. Whereas, The purpose of the enumeration, tion and for enforcement of subtitle I of that John Paul Hammerschmidt, of Arkansas, as set forth in the Constitution, is to appor- Act (Rept. No. 105–360). to be a Member of the Board of Directors of tion the seats in the federal House of Rep- By Mr. HATCH, from the Committee on the Metropolitan Washington Airports Au- resentatives among the several states; and the Judiciary, without amendment: thority for a term of four years. (New Posi- Whereas, An accurate decennial census is H.R. 1949. A bill for the relief of Nuratu tion) necessary to apportion such seats and to en- Olarewaju Abeke Kadiri. Norman Y. Mineta, of California, to be a able states to comply with federal and state S. Res. 283. A resolution to refer H.R. 998 Member of the Board of Directors of the Met- constitutional requirements of equal popu- entitled ‘‘A bill for the relief of Lloyd B. ropolitan Washington Airports Authority for lation in legislative districts; and Gamble’’ to the chief judge of the United a term of six years. (New Position) Whereas, The U.S. Constitution, in order States Court of Federal Claims for a report Eugene A. Conti, Jr., of Maryland, to be an to ensure an accurate count and to minimize thereon. Assistant Secretary of Transportation. the potential for political manipulation, By Mr. HATCH, from the Committee on Peter J. Basso, Jr., of Maryland, to be an mandates an ‘‘actual enumeration’’ of the the Judiciary, with an amendment in the na- Assistant Secretary of Transportation. population, which requires a physical ture of a substitute and an amendment to (The above nominations were re- headcount and prohibits statistical guessing the title: ported with the recommendation that or estimates of the population; and S. 1171. A bill for the relief of Janina they be confirmed, subject to the nomi- Altagracia Castillo-Rojas and her husband, Whereas, Federal law, consistent with this nees’ commitment to respond to re- constitutional mandate, expressly prohibits Diogenes Patricio Rojas. the use of statistical sampling to enumerate By Mr. HATCH, from the Committee on quests to appear and testify before any the population, and the Federal District the Judiciary, with an amendment in the na- duly constituted committee of the Sen- Court for the District of Columbia so held in ture of a substitute: ate.) U.S. House of Representatives v. U.S. Depart- S. 1720. A bill to amend title 17, United The following named officers for appoint- ment of Commerce, et al., Case No. 98–0456; and States Code, to reform the copyright law ment in the United States Coast Guard to Whereas, Every reasonable and practical with respect to satellite retransmissions of the grade indicated under title 14, U.S.C., effort should be made to obtain the fullest broadcast signals, and for other purposes. section 271: By Mr. HATCH, from the Committee on and most accurate count possible, including To be rear admiral (lower half) appropriate funding for state and local cen- the Judiciary, without amendment: S. 1916. A bill for the relief of Marin Capt. Robert C. Olsen, Jr., 4781 sus outreach and education programs, as Turcinovic, and his fiancee, Corina Capt. Robert D. Sirois, 8309 well as provision for post-census review; and Dechalup. Capt. Patrick M. Stillman, 0193 Whereas, The U.S. Census Bureau has pro- S. 1926. A bill for the relief of Regine Capt. Ronald F. Silva, 1219 posed to use two population-polling tech- Beatie Edwards. Capt. David R. Nicholson, 0216 niques in the 2000 decennial census, known as S. 1961. A bill for the relief of Suchada ‘‘sampling for nonresponse follow-up’’ and The following named officers for appoint- Kwong. ment in the United States Coast Guard to the ‘‘Integrated Coverage Measurement’’; By Mr. HATCH, from the Committee on now, therefore, be it the grade indicated under title 14, U.S.C., the Judiciary, with an amendment in the na- section 271: Resolved by the Senate of the Sixty-first Gen- ture of a substitute: To be rear admiral eral Assembly of the State of Colorado: S. 2099. A bill to provide for enhanced Fed- (1) That the U.S. Census Bureau is re- eral sentencing guidelines for counterfeiting Rear Adm. (lh) Thomas J. Barrett, 7105 quested to conduct the 2000 census consistent offenses, and for other purposes. Rear Adm. (lh) James D. Hull, 9426 with constitutional and statutory mandates, By Mr. HATCH, from the Committee on Rear Adm. (lh) George N. Naccara, 7780 which require a physical headcount of the the Judiciary, with an amendment in the na- Rear Adm. (lh) Terry M. Cross, 4308 population and bar the use of statistical ture of a substitute and an amendment to Mr. MCCAIN. Madam President, for sampling to create or adjust the count in the title: the Committtee on Commerce, Science, any way; S. 2476. A bill for the relief of Wei and Transportation, I also report favor- (2) That the Colorado State Senate opposes Jengsheng. the use of census number for redistricting By Mr. HATCH, from the Committee on ably four nomination lists in the Coast that have been determined in whole or in the Judiciary, without amendment: Guard which were printed in full in the part by the use of sampling techniques or S. 2516. A bill to make improvements in RECORDS of September 3, 1998, Septem- other statistical methodologies that add or the operation and administration of the Fed- ber 16, 1998 and September 29, 1998, and subtract persons from the census counts eral courts, and for other purposes. ask unanimous consent, to save the ex- based solely on statistical inference; S. 2524. A bill to codify without sub- pense of reprinting on the Executive (3) That the Colorado State Senate urges stantive change laws related to Patriotic and Calendar, that these nominations lie at Congress, as the branch of government National Observances, Ceremonies, and Orga- charged with overseeing the decennial cen- nizations and to improve the United States the Secretary’s desk for the informa- sus, to take whatever steps are necessary to Code. tion of Senators. ensure that the 2000 census is conducted fair- By Mr. HATCH, from the Committee on The PRESIDING OFFICER. Without ly and legally; be it further the Judiciary, without amendment: objection, it is so ordered. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11279 (The nominations ordered to lie on detecting waste, fraud, abuse, and mis- payers receive a credit against U.S. the Secretary’s desk were printed in management, and in promoting economy, ef- taxes for foreign taxes paid on foreign the RECORDS of September 3, 1998, Sep- ficiency, and effectiveness in the Federal source income. To reiterate, these de- tember 16, 1998 and September 29, 1998, Government; considered and passed. vices have been part of our inter- By Mr. GRAMM: national tax rules for decades and are at the end of the Senate proceedings.) S.J. Res. 59. A joint resolution to provide In the Coast Guard nomination of Joseph for a Balanced Budget Constitutional aimed at preventing U.S. businesses E. Vorbach, which was received by the Sen- Amendment that prohibits the use of Social from being taxed twice on the same in- ate and appeared in the Congressional Security surpluses to achieve compliance; come. The policy of currently taxing Record of September 3, 1998 read the first time. U.S. citizens on their worldwide in- In the Coast Guard nominations beginning S.J. Res. 60. A joint resolution to provide come is in direct contrast with the re- John H. Siemens, and ending David M. Illu- for a Balanced Budget Constitutional gimes employed by most of our foreign minate, which nominations were received by Amendment that prohibits the use of Social trading competitors. Generally they the Senate and appeared in the Congres- Security surpluses to achieve compliance; to tax their citizens and domestic cor- sional Record of September 16, 1998 the Committee on the Judiciary. porations only on the income earned In the Coast Guard nomination of Richelle f L. Johnson, which was received by the Sen- within their borders (the so-called ‘‘wa- ate and appeared in the Congressional SUBMISSION OF CONCURRENT AND ter’s edge’’ approach). Record of September 29, 1998 SENATE RESOLUTIONS Foreign corporations generally are In the Coast Guard nominations beginning also not subject to U.S. tax on income Robert J. Fuller, and ending John B. The following concurrent resolutions earned outside the United States, even McDermott, which nominations were re- and Senate resolutions were read, and if the foreign corporation is controlled ceived by the Senate and appeared in the referred (or acted upon), as indicated: by a U.S. parent. Thus, U.S. tax on in- Congressional Record of September 29, 1998 By Mr. LEVIN: come earned by foreign subsidiaries of f S. Con. Res. 122. A concurrent resolution U.S. companies—that is, from foreign expressing the sense of Congress that the operations conducted through a con- INTRODUCTION OF BILLS AND 65th anniversary of the Ukrainian Famine of trolled foreign corporation (CFC)—is JOINT RESOLUTIONS 1932–1933 should serve as a reminder of the brutality of the government of the former generally deferred until dividends paid The following bills and joint resolu- Soviet Union’s repressive policies toward the by the CFC are received by its U.S. par- tions were introduced, read the first Ukrainian people; to the Committee on For- ent. This policy is referred to as ‘‘tax and second time by unanimous con- eign Relations. deferral.’’ sent, and referred as indicated: By Mr. MCCAIN (for himself, Mr. KYL, In 1961, President John F. Kennedy By Mr. BREAUX (for himself and Mr. Mr. CRAIG, and Mr. LOTT): proposed eliminating tax deferral with MACK): S. Con. Res. 123. A concurrent resolution to respect to the earnings of U.S.-con- S. 2535. A bill to prohibit the Secretary of express the sense of the Congress regarding trolled foreign subsidiaries. The pro- the Treasury from issuing regulations deal- the policy of the Forest Service toward rec- posal provided that U.S. corporations reational shooting and archery ranges on ing with hybrid transactions; to the Commit- would be currently taxable on their tee on Finance. Federal land; to the Committee on Energy and Natural Resources. share of the earnings of CFCs, except in By Mr. HATCH: the case of investments in certain ‘‘less S. 2536. An original bill to protect the safe- f developed countries.’’ The business ty of United States nationals and the inter- STATEMENTS ON INTRODUCED ests of the United States at home and community strongly opposed the pro- abroad, to improve global cooperation and BILLS AND JOINT RESOLUTIONS posal, arguing that in order for U.S. responsiveness to international crime and By Mr. BREAUX (for himself and multinational companies to be able to terrorism, and to more effectively deter Mr. MACK): compete effectively in global markets, international crime and acts of violence; S. 2535. A bill to prohibit the Sec- their CFCs should be subject only to from the Committee on the Judiciary; placed retary of the Treasury from issuing the same taxes to which their foreign on the calendar. regulations dealing with hybrid trans- competitors were subject. By Mr. MURKOWSKI: In the Revenue Act of 1962, Congress S. 2537. A bill to amend the Export-Import actions; to the Committee on Finance. rejected the President’s proposal to Bank Act of 1945 to assure that the United SUBPART F OF INTERNAL REVENUE CODE completely eliminate tax deferral, rec- States is consistent with other G-7 countries Mr. BREAUX. Mr. President, today ∑ ognizing that to do so would place U.S. in evaluating environmental concerns relat- Mr. MACK and I are introducing legisla- companies operating in overseas mar- ing to projects to be financed, and for other tion to place a permanent moratorium purposes; to the Committee on Banking, kets at a significant disadvantage vis- on the Department of the Treasury’s Housing, and Urban Affairs. a-vis their foreign competitors. In- By Mr. BREAUX: authority to finalize any proposed reg- stead, Congress opted to adopt a policy S. 2538. A bill to amend the Internal Reve- ulations issued pursuant to Notice 98– regime designed to end deferral only nue Code of 1986 to modify the active busi- 35, dealing with the treatment of hy- with respect to income earned from so- ness definition relating to distributions of brid branch transactions under subpart called ‘‘tax haven’’ operations. This re- stock and securities of controlled corpora- F of the Internal Revenue Code. It also tions; to the Committee on Finance. gime, known as ‘‘subpart F,’’ generally prohibits Treasury from issuing new is aimed at currently taxing foreign By Ms. SNOWE (for herself, Mr. regulations relating to the tax treat- TORRICELLI, Mr. FORD, and Mr. GOR- source income that is easily moveable ment of hybrid transactions under sub- TON): from one taxing jurisdiction to another S. 2539. A bill to authorize and facilitate a part F and requires the Secretary to and that is subject to low rates of for- program to enhance training, research and conduct a study of the tax treatment of eign tax. development, energy conservation and effi- hybrid transactions and to provide a Thus, the subpart F provisions of the ciency, and consumer education in the written report to the Senate Commit- Internal Revenue Code (found in sec- oilheat industry for the benefit of oilheat tee on Finance and the House Commit- tions 951–964) have always reflected a consumers and the public, and for other pur- tee on Ways and Means. balancing of two competing policy ob- poses; to the Committee on Energy and Nat- By way of background, the United ural Resources. jectives: capital export neutrality (i.e. By Mr. ABRAHAM (for himself, Mr. States generally subjects U.S. citizens neutrality of taxation as between do- KENNEDY, Ms. COLLINS, Mr. LEAHY, and corporations to current taxation mestic and foreign operations) and cap- Mr. D’AMATO, and Mr. MOYNIHAN): on their worldwide income. Two impor- ital import neutrality (i.e. neutrality S. 2540. A bill to extend the date by which tant devices mitigate or eliminate dou- of taxation as between CFCs and their an automated entry-exit control system ble taxation of income earned from for- foreign competitors). While these com- must be developed; considered and passed. eign sources. First, bilateral income peting principles continue to form the By Mr. DASCHLE (for Mr. GLENN (for tax treaties with many countries ex- foundation of subpart F today, recent himself, Mr. THOMPSON, Ms. COLLINS, empt American taxpayers from paying Mr. LEVIN, Mr. DURBIN, Mr. CLELAND, actions by the Department of the and Mr. LIEBERMAN)): foreign taxes on certain types of in- Treasury threaten to upset this long- S.J. Res. 58. A joint resolution recognizing come (e.g. interest) and impose reduced standing balance. the accomplishments of Inspector Generals rates of tax on other types (e.g. divi- On January 16, 1998, the Department since their creation in 1978 in preventing and dends and royalties). Second, U.S. tax- of the Treasury announced in Notice S11280 CONGRESSIONAL RECORD — SENATE October 1, 1998 98–1l its intention to issue regulations an appropriate opportunity, to consider While we applaud the Treasury’s de- to prevent the use of hybrid branches these matters in the normal legislative cision to withdraw Notice 98–1l and the ‘‘to circumvent the purposes of subpart process.’’ The Ranking Democrat on temporary regulations, we believe that F.’’ The hybrid branch arrangements the Committee, CHARLES RANGEL, additional legislative action is needed identified in Notice 98–11 involved enti- wrote to Secretary Rubin expressing to prevent the Treasury from finalizing ties characterized for U.S. tax purposes strong concerns about the Treasury’s the forthcoming regulations until Con- as part of a controlled foreign corpora- increasing propensity to ‘‘legislate gress considers the issues involved. We tion, but characterized for purposes of through the regulatory process as evi- believe that only the Congress has the the tax law of the country in which the denced by Notice 98–11. authority to achieve a permanent reso- CFC was incorporated as a separate en- Despite these concerns, on March 23, lution of this issue. Notice 98–35, like tity. The Notice indicated that the cre- 1998, the Treasury department issued its predecessor, Notice 98–1l continues ation of such hybrid branches was fa- two sets of proposed and temporary to suffer from a fatal flaw; it is the pre- cilitated by the entity classification regulations, the first relating to the rogative of Congress, and not the Exec- rules contained in section 301.7701–I treatment of hybrid branch arrange- utive Branch, to pass laws establishing through –3 of the income Tax Regula- ments under subpart F, and the second the nation’s fundamental tax policies. tions (the ‘‘check the box’’ regula- relating to the treatment of a CFC’s Simply put, Notice 98–35 adds restric- tions). distributive share of partnership in- tions to the subpart F regime that are come. As Notice 98–1l had promised, Notice 98–11 acknowledged that U.S. not supported by the Code’s clear stat- the regulations provided that certain international tax policy seeks to bal- utory language, and there has been no payments between a controlled foreign ance the objectives of capital export express delegation of regulatory au- corporation and a hybrid branch would neutrality with the objective of allow- thority to the Treasury that relates ing U.S. businesses to compete on a be recharacterized as subpart F income if the payments reduce the payer’s for- specifically to the issues presented in level playing field with foreign com- the Notice. petitors. In the view of the Treasury eign taxes. More importantly, we question the and IRS, however, the hybrid trans- The week after the temporary and policy objectives to be achieved by No- actions attacked in the Notice ‘‘upset proposed regulations were issued, the Senate Finance Committee considered tice 98–35 and the accompanying pro- that balance.’’ Treasury indicated that H.R. 2676, the Internal Revenue Service posed regulations. We do not under- the regulations to be issued generally Restructuring and Reform Act of 1998. stand the rationale for penalizing U.S. would apply to hybrid branch arrange- A provision was included in the bill multinational companies for employ- ments entered into or substantially prohibiting the Treasury and IRS from ing normal tax planning strategies modified after January 16, 1998, and implementing temporary or final regu- that reduce foreign (as opposed to U.S.) would provide that certain payments lations with respect to Notice 98–11 income taxes. Moreover, Notice 98–35 is to and from foreign hybrid branches of prior to six months after the date of contrary to recent Congressional ef- CFCs would be treated as generating enactment of H.R. 2676. The Senate bill forts to simplify the international tax subpart F income to U.S. shareholders also included language expressing the provisions of the Code. For example, in situations in which subpart F would ‘‘sense of the Senate’’ that ‘‘the De- the Congress reduced complexity and not otherwise apply to a hybrid branch partment of the Treasury and the In- ridded the code of a perverse incentive as a separate entity. This represented a ternal Revenue Service should with- for U.S. companies to invest overseas significant expansion of subpart F, by draw Notice 98–11 and the regulations by repealing the Section 956A tax on regulation rather than through legisla- issued thereunder, and that the Con- excess passive earnings in 1996. Again tion. gress, and not the Department of the in 1997, the Congress repealed the appli- Shortly after Notice 98–11 was issued, treasury or the Internal Revenue Serv- cation of the Passive Foreign Invest- the Administration released its Fiscal ice, should determine the international ment Company regime to U.S. share- Year 1999 budget proposals which, tax policy issues relating to the treat- holders of controlled foreign corpora- among other things, included a provi- ment of hybrid transactions under sub- tions because of the complexity in- sion requesting Congress to statutorily part F provisions of the Code.’’ volved in applying both regimes, in ad- grant broad regulatory authority to Opposition to Notice 98–11 and the dition to enacting a host of other for- the Treasury Secretary to prescribe temporary and proposed regulations eign tax simplifications. Therefore, in regulations clarifying the tax con- continued to mount. On April 23, 1998, order for Congress to gain a better un- sequences of hybrid transactions in 33 Members of the House Ways and derstanding of the Treasury Depart- cases in which the intended results are Means Committee wrote to Secretary ment’s position on this matter, our bill inconsistent with the purposes of U.S. Rubin expressing concern about the would require the Treasury to conduct tax law. . . .’’ While the explanation Treasury’s decision to move forward a thorough study of the tax treatment accompanying the budget proposal ar- and issue regulations pursuant to No- of hybrid transactions under subpart F gued that this grant of authority as ap- tice 98–11 without an appropriate op- and to provide a report to the Senate plied to many cases ‘‘merely makes the portunity for Congress to consider this Committee on Finance and House Com- Secretary’s current general regulatory issue in the normal legislative process, mittee on Ways and Means on this authority more specific, and directs urging Treasury to withdraw the regu- issue. the Secretary to promulgate regula- lations. tions pursuant to such authority,’’ the In the face of these and other pres- If the forthcoming regulations are explanation conceded that in other sures from the Congress and the busi- permitted to be finalized by the Treas- cases, ‘‘the Secretary’s authority may ness community, on June 19, 1998, the ury, U S multinational businesses will be questioned and should be clarified.’’ Treasury Department announced in be placed at a competitive disadvan- Notice 98–11 and the accompanying Notice 98–35 that it was withdrawing tage vis-a-vis foreign companies who budget proposal generated widespread Notice 98–1l and the related temporary, remain free to employ strategies to re- concerns in the Congress and the busi- and proposed regulations. According to duce the foreign taxes they pay. Clear- ness community that the Treasury was Notice 98–35, Treasury intends to issue ly, such a result should be permitted to undertaking a major new initiative in a new set of proposed regulations to be take effect only if Congress, after hav- the international tax arena that would effective in general for payments made ing an opportunity to fully consider all undermine the ability of U.S. multi- under hybrid branch arrangements on of the tax and economic issues in- nationals to compete in international or after June 19, 1998. These regula- volved, agrees that the arguments ad- markets. For example, House Ways and tions, however, will not be finalized be- vanced by the Treasury are compelling Means Committee Chairman BILL AR- fore January 1, 2000, in order to permit and determines that additional statu- CHER wrote to Treasury Secretary both the Congress and Treasury De- tory changes to subpart F are nec- Rubin on March 20, 1998 requesting that partment the opportunity to further essary and appropriate. ‘‘Notice 98–11 be withdrawn and that no study the issues that were raised fol- Mr. President, I ask unanimous con- regulations in this area be issued or al- lowing the publication of Notice 98–1l sent that the text of the bill be printed lowed to take effect until Congress has earlier this year. in the RECORD. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11281 There being no objection, the bill was Transactions between a subsidiary and blood. Among those 250 victims were 12 ordered to be printed in the RECORD, as its branch have no impact on U.S. tax- of our fellow citizens. And none of us follows: able income of the parent, as its sub- can forget that it was only a short S. 2535 sidiary is merely paying money to time ago that there was another as- Be it enacted by the Senate and House of Rep- itself. But the Treasury Department sault right here at home, in the Capitol resentatives of the United States of America in intends to impose a tax on the U.S. itself. Congress assembled, parent to penalize it for reducing the With improvements in technology, SECTION 1. HYBRID TRANSACTIONS UNDER SUB- foreign taxes it owes. criminals now can move about the PART F. This effort is wrong for several rea- world with ease. They can transfer (a) PROHIBITION ON REGULATIONS.—The Sec- sons. First, the Treasury Department funds with a push of a button, or use retary of the Treasury (or his delegate)— possesses only the power to issue regu- computers and credit card numbers to (1) shall not issue temporary or final regu- lations to administer the laws passed steal from American citizens from any lations relating to the treatment of hybrid transactions under subpart F of part III of by Congress. New rules based on con- spot on the globe. They can strike at subchapter N of chapter 1 of the Internal gressional purpose are known as laws, Americans here and abroad. The play- Revenue Code of 1986 pursuant to Internal and under the Constitution laws are ing field keeps changing, and we need Revenue Service Notice 98–35 or any other made by Congress. to change with it. regulations reaching the same or similar re- Second, the Treasury Department is This bill does exactly that, not with sult as such notice, elevating one policy underlying sub- sweeping changes but with thoughtful (2) shall retroactively withdraw any regu- part F—taxing domestic and foreign provisions carefully targeted at spe- lations described in paragraph (1) which were operations in the same manner—over cific problems faced by law enforce- issued after the date of such notice and be- fore the date of the enactment of this Act, the other policy of maintaining the ment. The bill offers tools and protec- and competitiveness of U.S. companies in tion to investigators and prosecutors, (3) shall not modify or withdraw sections foreign markets. This proposed tax while narrowing the room for maneu- 301.7701–1 through 301.7701–3 of the Treasury would put U.S.-owned subsidiaries at a ver that international criminals and Regulations (relating to the classification of competitive disadvantage. terrorists now enjoy. certain business entities) in a manner which Finally, the Treasury Department I initially introduced some of the alters the treatment of hybrid transactions should not impose a tax on U.S. compa- provisions of this bill as early as April under such subpart F. nies to force these companies to reor- 30, 1998, in the Money Laundering En- (b) STUDY AND REPORT.—The Secretary of forcement and Combating Drugs Act in the Treasury (or his delegate) shall study the ganize in a way that increases the tax treatment of hybrid transactions under taxes they owe to foreign countries. Prisons of 1998 with Senators DASCHLE, such subpart F and submit a report to the The Treasury Department is not the KOHL, FEINSTEIN, and CLELAND. Again, Committee on Ways and Means of the House tax collector for other nations. And by on July 14, 1998, I introduced with Sen- of Representatives and the Committee on Fi- raising the foreign tax bills of U.S. ator BIDEN many of these provisions nance of the Senate. The Secretary shall companies, the Treasury Department is set forth in the bill on behalf of the Ad- hold at least one public hearing to receive also increasing the size of foreign tax ministration in S. 2303, the Inter- comments from any interested party prior to credits and thereby reducing U.S. tax national Crime Control Act of 1998. I submitting such report. ∑ revenues. again included almost all of the provi- ∑ Mr. MACK. Mr. President, today Sen- The Treasury Department is not only sions in another major anti-crime bill, ator BREAUX and I introduce a bill re- making policy that it has no right to the Safe Schools, Safe Streets, and Se- affirming that the lawmaking power is make, it is also making bad policy. Our cure Borders Act of 1998, on September the province of the Congress, not the bill places a moratorium on this law- 16, 1998, along with Senators DASCHLE, executive branch. Our bill prohibits the making. It also directs the Treasury BIDEN, MOSELEY-BRAUN, KENNEDY, Treasury Department from issuing reg- Secretary to study these issues and KERRY, LAUTENBERG, MIKULSKI, BINGA- ulations that would impose taxes on submit a report to the tax-writing MAN, REID, MURRAY, DORGAN, and U.S. companies merely because one of committees of Congress. Many people TORRICELLI. their subsidiaries pays money to itself. and organizations, including the Treas- It is a particular pleasure now to be As a general rule, U.S. corporations ury Department, desire changes in the able to draw from these more com- pay U.S. corporate income tax on the tax laws. But only Congress has the prehensive bills a set of discrete, very earnings of their foreign subsidiaries power to make these changes, and this important improvements that can only when those earnings are actually is a power we intend to keep.∑ enjoy bipartisan support, and which I distributed to the U.S. parent compa- hope and trust can be enacted into law, nies. An exception to this general rule By Mr. HATCH: even in the short time remaining in is contained in subpart F of the Inter- S. 2536. An original bill to protect the this session. All of these provisions nal Revenue Code, which accelerates safety of United States nationals and enjoy the full support of the Adminis- the income tax liability of U.S. parent the interests of the United States at tration, and each of them is a law en- companies under certain cir- home and abroad, to improve global co- forcement priority. cumstances. The Treasury Department operation and responsiveness to inter- The bill would criminalize murder has announced, in Notice 98–35, an in- national crime and terrorism, and to and other serious crimes committed by tention to issue regulations that will more effectively deter international organized crime against U.S. nationals accelerate income tax liability for U.S. crime and acts of violence; from the abroad, and against state and local of- companies—not based on the specific Committee on the Judiciary; placed on ficials who are working abroad with circumstances enumerated in subpart the calendar. federal authorities on joint projects or F, but instead on a new ‘‘interpreta- THE IMPROVEMENTS TO INTERNATIONAL CRIME operations. tion’’ of the ‘‘policies’’ that Treasury AND ANTI-TERRORISM AMENDMENTS OF 1998 The bill also protects our maritime infers from that 36-year-old provision. Mr. LEAHY. Mr. President, I am borders by providing realistic sanctions This action crosses the line between pleased with the Chairman in offering for vessels that fail to ‘‘heave to’’ or administering the laws and making the this important legislation, the Im- otherwise obstruct the Coast Guard. No laws, and cannot be allowed by Con- provements to International Crime and longer will drug-runners be able to gress. Anti-Terrorism Amendments of 1998, to stall or resist Coast Guard commands Notice 98–35 concerns so-called ‘‘hy- combat international crime. with impunity. brid arrangements.’’ These involve Crime and terrorism increasingly The bill also increases our authority business entities that are considered have an international face. The bomb- to exclude from entry into our country separate corporations for foreign tax ings of U.S. embassies in Kenya and international criminals and terrorists, purposes, but are viewed as one com- Tanzania are just the most recent re- including those engaged in flight to pany with a branch office for U.S. pur- minders of how vulnerable we are to avoid prosecution, alien smuggling, or poses. U.S. companies organize their terrorist attacks. In a shockingly bru- arms or drug trafficking under specific subsidiaries in this manner to reduce tal attack, more than 250 men, women circumstances. At the same time, we the amount of foreign taxes they owe. and children, were murdered in cold ensure that the Attorney General has S11282 CONGRESSIONAL RECORD — SENATE October 1, 1998 full authority to make exceptions for seeking to compete abroad. In a perfect Im Bank’s negative decision they re- humanitarian and similar reasons. world, such government assistance ceived an order for only a fraction of The bill includes important money would be unnecessary, but we know their proposal. A Japanese-French con- laundering provisions. At a recent Ju- that the other industrialized countries sortium received an order for ‘‘Rotec- diciary Committee hearing on anti-ter- are using government financing to equivalent’’ equipment. But it gets rorism, FBI Director Louis Freeh noted sweeten the pot for their companies’ worse. As Rotec’s president explained: the importance of money laundering participation in international projects. No Ex-Im financing meant no made-in-the- laws as a tool in stopping not only My legislation addresses the well- USA requirements and no made-in-the-USA international drug kingpins, but also meaning environmental policies of the price premium . . . For the first time in our international terrorists, such as Usama Bank that are actually harming the en- 32-year history, Rotec subcontracted manu- bin Laden, the multi-millionaire ter- vironment while undermining Amer- facturing to companies in South Korea. The effect on U.S. jobs is easy to quantify . . . rorist who has been linked to the re- ican competitiveness. Specifically, my Rotec will have spent over $13,000,000 in cent embassy bombings. legislation does two things: First, it di- South Korea. With Ex-Im’s support, this The bill has two important provi- rects the Ex-Im Bank to negotiate a work—and probably more—would have sions aimed at computer crimes: it pro- mulitlateral agreement with the export stayed in the United States. vides expanded wiretap authority, sub- financing agencies of all G–7 countries But this was not the only bad news ject to court order, to cover computer to address environmentally sensitive for Rotec. Before Ex-Im’s decision, crimes, and also gives us development overseas. Second, until Rotec was the world’s only manufac- extraterritorial jurisdiction over ac- such agreement is reached, my legisla- turer of this specialized equipment. cess device fraud, such as stealing tele- tion would allow U.S. companies to But the Japanese-French consortium phone credit card numbers, where the compete on equal footing with other selected by the Chinese have now cop- victim of the fraud is within the U.S. international companies bidding on ied Rotec’s product. As Rotec’s presi- We cannot do it all alone, however. international projects. In other words, dent described it, Ex-Im’s decision This bill facilitates international co- my legislation would ensure that helped open the door and they [the con- operation by allowing our country to American companies have access to sortium] walked right in. Rotec will share the proceeds of joint forfeiture Ex-Im Bank financing for overseas likely face foreign competition wher- operations, to encourage participation projects where other G–7 countries are ever this product is needed.’’ by those countries. It streamlines pro- providing or have indicated an intent Other U.S. companies who sought to cedures for executing MLAT requests to provide financing to the project in participate in the Three Gorges Dam that apply to multiple judicial dis- question without conditioning such as- project tell a similar story. Caterpillar tricts. Furthermore, the bill addresses sistance on environmental policies or estimates that it lost $200 million in the essential but often overlooked role procedures. sales. GE routed its bid through its Ca- of state and local law enforcement in Mr. President, under current law, the nadian subsidiary. Voight Hydro of combating international crime, and au- Ex-Im Bank can deny financing to U.S. Pennsylvania had to withdraw its bid thorizes reimbursement of state and companies seeking to participate in in favor of its German parent, which local authorities for their cooperation international projects when the Bank’s won $85 million of contracts. in international crime cases. The bill environmental concerns have not been Although my legislation cannot helps our prosecutors in international adequately addressed by foreign coun- retroactively change the effect of the crime cases by facilitating the admis- tries. But there is no mechanism in Ex-Im Bank’s decision on U.S. partici- sion of foreign records in U.S. courts. place to ensure that all G–7 countries pation in the Three Gorges Dam Finally, the bill would speed the wheels abide by the same set of rules or envi- project, we will face this issue again. A of justice by prohibiting international ronmental standards in competing for recent New York Times story quoted criminals from being credited with any such projects. The net effect of this law Chinese officials who pledge to spend time they serve abroad while they fight is to impose unilateral sanctions on $1.2 trillion on a vast program of new extradition to face charges in our coun- U.S. companies in the name of the en- infrastructure projects over the next try. vironment. three years. Included in those projects These are important provisions that I The lack of American participation are plans to build five large hydro- have advocated for some time. They in the largest hydroelectric project in electric power stations over the next 12 are helpful, solid law enforcement pro- the World, the $24.5 billion Three years, at a cost exceeding $7 billion. Al- visions. I must close with a special Gorges Dam Project in China, illus- though this is small compared to Three thanks to my friend and colleague from trates why this change in law is nec- Gorges, it presents excellent opportuni- Utah, Senator HATCH, for his help in essary. The mission of the Ex-Im Bank ties for U.S. companies. In addition, making this bill a reality. It has been is to promote U.S. exports and U.S. the Chinese have plans to order a new pleasure to work closely with him to jobs. Yet, the Bank refused to provide nuclear plant each year for the next 20 craft a bipartisan bill that will accom- financial guarantees for this project years. This emerging Chinese market is plish what all of us want, to make because the Bank’s environmental con- estimated to be worth $1.65 billion per America a safer and more secure place. cerns had not been satisfactorily ad- year in U.S. nuclear exports, support- dressed by the Chinese government. ing an equivalent of 25,400 full time By Mr. MURKOWSKI: There were two perverse outcomes American jobs. S. 2537. A bill to amend the Export- from the Bank’s decision. First, the I am told that the environmental lob- Import Bank Act of 1945 to assure that project is going ahead anyway without byists are out in full force against this the United States is consistent with the environmental technologies and legislation. Environmental groups have other G–7 countries in evaluating envi- practices our companies’ participation circulated a letter stating that my leg- ronmental concerns relating to would bring. And second, the only islation would mean that ‘‘[t]he United projects to be financed, and for other American participation is by compa- States Government will likely support purposes; to the Committee on Bank- nies that are large enough to use their dangerous nuclear power plants, ing, Housing, and Urban Affairs. foreign subsidiaries with another gov- unsustainable logging of primary for- EXPORT-IMPORT BANK ACT AMENDMENTS ernment’s financing, and consequently ests, and huge hydroelectric dams re- Mr. MURKOWSKI. Mr. President, I the jobs are going to the Japanese, the settling millions of people in develop- rise to introduce legislation regarding Canadians and the Europeans. ing countries with no environmental the Export-Import Bank. This legisla- A letter that I received from the safeguards allowed.’’ tion is both pro-trade and pro-environ- President of Rotec Industries, located Mr. President, let me just respond to ment. in Elmhurst, Illinois, explains the det- their claim that nuclear power plants Let me start by saying that I support rimental effects of the Ex-Im Banks de- and hydroelectric dams should not be U.S. international finance institutions cision. Rotec submitted a bid to the funded on environmental grounds. like Ex-Im Bank, OPIC and TDA be- Chinese government for $130 million of China is a case in point. By 2015 China cause they are necessary to level the U.S.-made concrete placing and trans- will surpass the United States as the playing field for American companies porting equipment. Following the Ex- largest emitter of greenhouse gases. October 1, 1998 CONGRESSIONAL RECORD — SENATE S11283 According to the World Health Organi- We do not expect any additional major or- of current law in any way. It would, zation, 6 of the 10 most polluted cities ders from Three Gorges. Our total is approxi- however, greatly simplify a common in the world are in China. Coal supplies mately $53,000,000; about 40% of what we had corporate transaction. This small tech- hoped to receive. three-quarters of China’s energy and is It gets worse: Losses for American workers nical change will alone save corpora- choking its cities. Already, hundreds of were even greater. During negotiations fol- tions millions of dollars in unnecessary thousands of Chinese die premature lowing Ex-Im’s decision, our Chinese cus- expenses and economic costs that are deaths each year from chronic res- tomer demanded a price discount because incurred when they divide their busi- piratory illness. Thousands more died ‘‘Rotec can subcontract manufacturing in nesses. this year from flooding of the Yangtze China or a third country.’’ No Ex-Im financ- The Treasury Department agrees River and millions more were dis- ing meant no made-in-the-USA requirements that there is a technical problem with placed. and no made-in-the-USA price premiums. Mr. President, how can the environ- Rotec was literally fighting for its existence; the drafting of the Tax Code. It also we were facing serious competition from for- agrees that a legislative change like mentalists ignore the benefits to Chi- eign suppliers and Ex-Im would not help. For na’s environment, indeed to the the bill I introduce today is the best the first time in our 32-year history, Rotec way to correct it. World’s environment, of helping China subcontracted manufacturing to companies turn to cleaner forms of energy such as in South Korea. The effect on U.S. jobs is Corporations, and affiliated groups of hydro and nuclear? The 18,200 mega- easy to quantify: when the last shipment is corporations, often find it advan- watt Three Gorges Dam will replace made at the end of this year, Rotec will have tageous, or even necessary, to separate the equivalent of thirty-six 500 mega- spent over $13,000,000 in South Korea. With two or more businesses. The division of watt coal fossil plants. In a country Ex-Im’s support, this work—and probably AT&T from its local telephone compa- more—would have stayed in the United suffocating on dirty air, how can any States. nies is an example of such a trans- rational environmental policy promote More bad news: Before Ex-Im’s decision, action. The reasons for these corporate coal and penalize clean burning hydro Rotec was the world’s only manufacturer of divisions are many, but probably chief and nuclear power? Of course, hydro this specialized equipment. The Japanese- among them is the ability of manage- and nuclear plants have environmental French consortium had copied our concepts ment to focus on one core business. on paper, but had never designed, manufac- consequences. Every form of energy At the end of the day, when a cor- production does. Even windmills be- tured or sold any similar product. Now they have and Rotec has a new competitor. Ex- poration divides, the stockholders sim- come cuisinarts for birds. But coun- Im’s decision has helped open the door and ply have the stock of two corporations, tries such as China have the right to they walked right in. Rotec will likely face instead of one. The Tax Code recog- determine which consequences she can foreign competition wherever this product is nizes this is not an event that should accept. needed. trigger tax, as it includes corporate di- Let’s make sure that Ex-Im does not My environmental ‘‘feelings’’: (I have made unilaterally rule out American partici- twelve trips to China during the past three visions among the tax-free reorganiza- pation in future projects. Support my years so this comes mostly from personal ob- tion provisions. legislation and vote to help American servation.) China is a huge country with a One requirement the Tax Code im- very low standard of living—especially in the poses on corporate divisions is very companies compete. rural areas. Many people live on mountain- Mr. President, I ask unanimous con- sides in hand-dug ‘‘caves’’. China’s people awkwardly drafted, however. As a re- sent that a copy of the Rotec letter be need energy, improved transportation and sult, an affiliated group of corporations printed in the RECORD. the ability to control flooding in order to im- that wishes to divide must often en- There being no objection, the letter prove their standard of living. gage in complex and burdensome pre- was ordered to be printed in the It seems unfair for the United States or liminary reorganizations in order to RECORD, as follows: anyone else to tell China they can not de- accomplish what, for a single corporate velop their rivers, especially when so much ROTEC INDUSTRIES, can be gained. Building Three Gorges Dam entity, would be a rather simple and Elmhurst, IL, September 23, 1998. means producing clean electricity with straightforward spinoff of a business to Hon. FRANK MURKOWSKI, hydro-power, mitigating the effects of flood- its shareholders. The small technical U.S. Senate, ing and adding navigable stretches to a river change I propose today would elimi- Washington, DC. DEAR SENATOR MURKOWSKI: As president of in an area with very poor roads. Not building nate the need for these unnecessary a company which has been involved in the the dam means burning more fossil fuel, fur- transactions, while keeping the statute construction of China’s Three Gorges Dam, I ther polluting the already-terrible air; con- true to Congress’ original purpose. tinuing floods which kill thousands, vio- read your September 16th Washington Post More specifically, section 355 (and re- op-ed article, ‘‘Too Green’’, with great inter- lently displacing hundreds-of-thousands or est. even millions and cause untold property lated provisions of the Code) permits a Rotec Industries, along with Caterpillar damage for people who have so little; and corporation or an affiliated group of and Voith Hydro, aggressively pursued Ex- slowing economic development for people corporations to divide on a tax-free Im Bank financing for Three Gorges Dam. Of who desperately need it. In this case, build- basis into two or more separate enti- course, we were disappointed when Ex-Im de- ing a dam is ‘‘the green decision.’’ ties with separate businesses. There nied financing. It seemed like the wrong de- Your initiation of this measure is sup- ported and appreciated by Rotec. We wish are numerous requirements for tax-free cision for economic, environmental and com- treatment of a corporate division, or mon-sense reasons. you success. Your legislation, which would prohibit Ex- Sincerely, ‘‘spinoff,’’ including continuity of his- Im from withholding financing on environ- STEVE LEDGER, torical shareholder interest, continuity mental grounds where any other G–7 country President, Rotec Industries, Inc. of the business enterprises, business is providing financing, offers some hope that purpose, and absence of any device to By Mr. BREAUX: U.S. businesses and workers will have the distribute earnings and profits. In addi- S. 2538. A bill to amend the Internal support of Ex-Im Bank in future, similar sit- tion, section 355 requires that each of Revenue Code of 1986 to modify the ac- uations. the divided corporate entities be en- During the two years since Ex-Im’s deci- tive business definition relating to dis- gaged in the active conduct of a trade sion, Rotec has continued to pursue its busi- tributions of stock and securities of or business. The proposed change would ness at Three Gorges with some successes controlled corporations; to the Com- alter none of these substantive require- and with some disappointments. A brief his- mittee on Finance. tory our Three Gorges events: ments of the Code. January 1996—Rotec submitted a proposal AMENDMENT TO INTERNAL REVENUE CODE (before Ex-Im’s decision) to supply more SECTION 355(B)(2) Section 355(b)(2)(A) currently pro- than $130,000,000 of U.S.-made equipment. ∑ Mr. BREAUX. Mr. President, today I vides an attribution or ‘‘lookthrough’’ November 1996—Following Ex-Im’s nega- introduce a bill that would make a rule for groups of corporations that op- tive decision, we received an order for only technical change in the Internal Reve- erate active businesses under a holding $31,000,000 of equipment. nue Code. We often talk about the need company, which is necessary because a December 1996—Japanese-French consor- holding company, by definition, is not tium received an order for ‘‘Rotec-equiva- to simplify the Tax Code. The change I lent’’ equipment. propose today would do that. itself engaged in an active business. May 1998—Rotec received an additional This change is small but very impor- This lookthrough rule inexplicably re- $22,000,000 order. tant. It would not alter the substance quires, however, that ‘‘substantially S11284 CONGRESSIONAL RECORD — SENATE October 1, 1998 all’’ of the assets of the holding com- (b) EFFECTIVE DATE.—The amendment ability to engage in substantial gainful pany consist of stock of active con- made by this section shall apply to distribu- activity and the exempt amount per- trolled subsidiaries. The practical ef- tions or transfers after the date of the enact- mitted in determining excess earnings fect of this language is to prevent hold- ment of this Act.∑ under the earnings test. ing companies from engaging in spin- By Mr. GRAMM: S. 852 offs if they own almost any other as- S.J. Res. 59. A joint resolution to pro- At the request of Mr. LOTT, the name sets. This is in sharp contrast to cor- vide for a Balanced Budget Constitu- of the Senator from Arizona (Mr. KYL) porations that operate businesses di- tional Amendment that prohibits the was added as a cosponsor of S. 852, a rectly, which can own substantial as- use of Social Security surpluses to bill to establish nationally uniform re- sets unrelated to the business and still achieve compliance; read the first quirements regarding the titling and engage in tax-free spinoff transactions. time. registration of salvage, nonrepairable, In the real world, of course, holding and rebuilt vehicles. BALANCED BUDGET CONSTITUTIONAL companies may, for many sound busi- S. 1427 ness reasons, hold other assets, such as AMENDMENT Mr. GRAMM. Mr. President, I rise At the request of Mr. FORD, the name noncontrolling (less than 80 percent) of the Senator from Montana (Mr. interests in subsidiaries, controlled today to introduce a Balanced Budget Constitutional Amendment which is BURNS) was added as a cosponsor of S. subsidiaries that have been owned for 1427, a bill to amend the Communica- less than five years (which are not con- designed to protect Social Security. Since we last considered a balanced tions Act of 1934 to require the Federal sidered ‘‘active businesses’’ under sec- Communications Commission to pre- tion 355), or a host of nonbusiness as- budget amendment in the Senate, we have achieved balance in the unified serve lowpower television stations that sets. Such holding companies routinely provide community broadcasting, and undertake spinoff transactions, but be- federal budget for the first time in 30 for other purposes. cause of the awkward language used in years, and have made substantial S. 1529 section 355(b)(2)A), they must first un- progress toward achieving balance At the request of Mr. REID, his name dertake one or more (often a series of) without relying on the surpluses cur- was added as a cosponsor of S. 1529, a preliminary reorganizations solely for rently accumulating in Social Secu- the purpose of complying with this in- rity. For 1998, the most recent projec- bill to enhance Federal enforcement of explicable language of the Code. tions by the Congressional Budget Of- hate crimes, and for other purposes. Such preliminary reorganizations are fice show a unified budget surplus of At the request of Mr. CHAFEE, his at best costly, burdensome, and with- $63 billion, and an on-budget deficit of name was added as a cosponsor of S. out any business purpose, and at worst, just $41 billion when the $104 billion 1529, supra. they seriously interfere with business surplus in Social Security is not count- S. 1822 operations. In a few cases, they may be ed. This on-budget deficit is projected At the request of Mr. ROCKEFELLER, so costly as to be prohibitive, and to disappear by 2002 under current the name of the Senator from Virginia cause the company to abandon an oth- budget policies. (Mr. ROBB) was added as a cosponsor of erwise sound business transaction that The Balanced Budget Constitutional S. 1822, a bill to amend title 38, United is clearly in the best interest of the Amendment I am introducing today is States Code, to authorize provision of corporation and the businesses it oper- identical to S.J. Res. 1, which received care to veterans treated with naso- ates. 66 votes in the Senate on March 4, 1997, pharyngeal radium irradiation. There is no tax policy reason, tax ad- except that surplus revenues in Social S. 2039 visors agree, to require the reorganiza- Security are not counted in determin- At the request of Mr. BINGAMAN, the tion of a consolidated group that is ing compliance. It is also identical to name of the Senator from New Mexico clearly engaged in the active conduct the Dorgan substitute and Reid per- (Mr. DOMENICI) was added as a cospon- of a trade or business, as a condition to fecting amendments to S.J. Res. 1, sor of S. 2039, a bill to amend the Na- a spinoff. Nor is there any reason to which received 41 and 44 votes respec- tional Trails System Act to designate treat affiliated groups differently than tively, except that while Social Secu- El Camino Real de Tierra Adentro as a single operating companies. Indeed, no rity surpluses are not counted, any def- National Historic Trail. one has ever suggested one. The legis- icit in Social Security must be offset S. 2110 lative history indicates Congress was by an equivalent on-budget surplus. At the request of Mr. BIDEN, the concerned about noncontrolled subsidi- This distinction is important because names of the Senator from Virginia aries, which is elsewhere adequately Social Security is projected to begin (Mr. ROBB) and the Senator from South addressed, not consolidated groups. running cash-flow deficits in the year Dakota (Mr. DASCHLE) were added as For many purposes, the Tax Code 2013. cosponsors of S. 2110, a bill to authorize treats affiliated groups as a single cor- The President and a majority of Con- the Federal programs to prevent vio- poration. Therefore, the simple remedy gress have expressed support for bal- lence against women, and for other I am proposing today for the problem ancing the budget without counting purposes. created by the awkward language of Social Security surpluses, and now S. 2145 section 355(b)(2)(A) is to apply the ac- that goal is within our reach. We At the request of Mr. SHELBY, the tive business test to an affiliated group should take this opportunity to ap- names of the Senator from Kansas (Mr. as if it were a single entity. prove this Constitutional amendment BROWNBACK) and the Senator from Mr. President, I ask unanimous con- and send it to the States for ratifica- Montana (Mr. BURNS) were added as co- sent that the text of the bill be printed tion. This Constitutional amendment sponsors of S. 2145, a bill to modernize in the RECORD. There being no objection, the bill was would provide the structure and en- the requirements under the National forcement mechanism to allow us to Manufactured Housing Construction ordered to be printed in the RECORD, as follows: achieve this bipartisan goal. and Safety Standards Act of 1974 and to establish a balanced consensus process S. 2538 f for the development, revision, and in- Be it enacted by the Senate and House of Rep- ADDITIONAL COSPONSORS resentatives of the United States of America in terpretation of Federal construction Congress assembled, S. 375 and safety standards for manufactured SECTION 1. MODIFICATION OF ACTIVE BUSINESS At the request of Mr. MCCAIN, the homes. DEFINITION. names of the Senator from Missouri S. 2180 (a) IN GENERAL.—Section 355(b)(2) of the In- (Mr. ASHCROFT) and the Senator from At the request of Mr. LOTT, the ternal Revenue Code of 1986 (defining active Georgia (Mr. CLELAND) were added as names of the Senator from Alabama conduct of a trade or business) is amended by cosponsors of S. 375, a bill to amend (Mr. SHELBY) and the Senator from adding at the end the following: ‘‘For pur- poses of subparagraph (A), all corporations title II of the Social Security Act to re- Vermont (Mr. JEFFORDS) were added as that are members of the same affiliated store the link between the maximum cosponsors of S. 2180, a bill to amend group (as defined in section 1504(a)) shall be amount of earnings by blind individ- the Comprehensive Environmental Re- treated as a single corporation.’’ uals permitted without demonstrating sponse, Compensation, and Liability October 1, 1998 CONGRESSIONAL RECORD — SENATE S11285

Act of 1980 to clarify liability under kota (Mr. DASCHLE) was added as a co- (Mr. COCHRAN) was added as a cospon- that Act for certain recycling trans- sponsor of S. 2353, a bill to redesignate sor of Senate Concurrent Resolution 83, actions. the legal public holiday of ‘‘Washing- a concurrent resolution remembering S. 2190 ton’s Birthday’’ as ‘‘Presidents’ Day’’ the life of George Washington and his At the request of Mr. KENNEDY, the in honor of George Washington, Abra- contributions to the Nation. name of the Senator from Virginia (Mr. ham Lincoln, and Franklin Roosevelt SENATE RESOLUTION 257 ROBB) was added as a cosponsor of S. and in recognition of the importance of At the request of Mr. MURKOWSKI, the 2190, a bill to authorize qualified orga- the institution of the Presidency and names of the Senator from Montana nizations to provide technical assist- the contributions that Presidents have (Mr. BURNS), the Senator from Arkan- ance and capacity building services to made to the development of our Nation sas (Mr. HUTCHINSON), the Senator from microenterprise development organiza- and the principles of freedom and de- North Dakota (Mr. CONRAD), and the tions and programs and to disadvan- mocracy. Senator from Illinois (Ms. MOSELEY- taged entrepreneurs using funds from S. 2364 BRAUN) were added as cosponsors of the Community Development Finan- At the request of Mr. CHAFEE, the Senate Resolution 257, a resolution ex- cial Institutions Fund, and for other names of the Senator from Massachu- pressing the sense of the Senate that purposes. setts (Mr. KENNEDY), and the Senator October 15, 1998, should be designated from Hawaii (Mr. INOUYE) were added as ‘‘National Inhalant Abuse Aware- S. 2205 as cosponsors of S. 2364, a bill to reau- ness Day.’’ At the request of Mr. DORGAN, the thorize and make reforms to programs SENATE RESOLUTION 271 names of the Senator from Oregon (Mr. authorized by the Public Works and At the request of Mr. BIDEN, the SMITH), the Senator from South Da- Economic Development Act of 1965. names of the Senator from Michigan kota (Mr. DASCHLE), the Senator from S. 2395 (Mr. ABRAHAM), the Senator from Ha- Nevada (Mr. BRYAN), the Senator from At the request of Mr. DOMENICI, the waii (Mr. AKAKA), the Senator from Montana (Mr. BURNS), the Senator names of the Senator from Mississippi Missouri (Mr. ASHCROFT), the Senator from Michigan (Mr. LEVIN), and the (Mr. COCHRAN) and the Senator from from Montana (Mr. BAUCUS), the Sen- Senator from Missouri (Mr. BOND) were Hawaii (Mr. INOUYE) were added as co- ator from Utah (Mr. BENNETT), the added as cosponsors of S. 2205, a bill to sponsors of S. 2395, a bill to provide Senator from New Mexico (Mr. BINGA- require the Secretary of the Treasury grants to strengthen State and local MAN), the Senator from California to mint coins in commemoration of the health care systems’ response to do- (Mrs. BOXER), the Senator from Kansas bicentennial of the Lewis & Clark Ex- mestic violence by building the capac- (Mr. BROWNBACK), the Senator from Ne- pedition, and for other purposes. ity of health care professionals and vada (Mr. BRYAN), the Senator from S. 2233 staff to identify, address, and prevent West Virginia (Mr. BYRD), the Senator At the request of Mr. CONRAD, the domestic violence. from Colorado (Mr. CAMPBELL), the names of the Senator from Louisiana S. 2418 Senator from Rhode Island (Mr. (Mr. BREAUX) and the Senator from At the request of Mr. JEFFORDS, the CHAFEE), the Senator from Mississippi West Virginia (Mr. BYRD) were added as names of the Senator from Oregon [Mr. (Mr. COCHRAN), the Senator from New MATO cosponsors of S. 2233, a bill to amend WYDEN) and the Senator from Indiana York (Mr. D’A ), the Senator from Connecticut (Mr. DODD), the Senator section 29 of the Internal Revenue Code (Mr. LUGAR) were added as cosponsors of 1986 to extend the placed in service of S. 2418, a bill to establish rural op- from North Dakota (Mr. DORGAN), the date for biomass and coal facilities. portunity communities, and for other Senator from Illinois (Mr. DURBIN), the Senator from North Carolina (Mr. S. 2235 purposes. FAIRCLOTH), the Senator from Califor- At the request of Mr. ROBB, his name S. 2484 nia (Mrs. FEINSTEIN), the Senator from was added as a cosponsor of S. 2235, a At the request of Mr. JOHNSON, his Kentucky (Mr. FORD), the Senator from bill to amend part Q of the Omnibus name was added as a cosponsor of S. Ohio (Mr. GLENN), the Senator from Crime Control and Safe Streets Act of 2484, a bill to combat violent and gang- Florida (Mr. GRAHAM), the Senator 1968 to encourage the use of school re- related crime in schools and on the from Texas (Mr. GRAMM), the Senator source officers. streets, to reform the juvenile justice from Iowa (Mr. GRASSLEY), the Senator system, target international crime, S. 2253 from New Hampshire (Mr. GREGG), the promote effective drug and other crime At the request of Mr. ROBB, his name Senator from South Carolina (Mr. HOL- prevention programs, assist crime vic- was added as a cosponsor of S. 2253, a LINGS), the Senator from Texas (Mrs. tims, and for other purposes. bill to establish a matching grant pro- HUTCHISON), the Senator from Hawaii gram to help State and local jurisdic- S. 2520 (Mr. INOUYE), the Senator from Ver- tions purchase bullet resistant equip- At the request of Mr. MOYNIHAN, the mont (Mr. JEFFORDS), the Senator from ment for use by law enforcement de- name of the Senator from Connecticut South Dakota (Mr. JOHNSON), the Sen- partments. (Mr. DODD) was added as a cosponsor of ator from Massachusetts (Mr. KEN- S. 2520, a bill to exclude from Federal S. 2325 NEDY), the Senator from Nebraska (Mr. taxation any portion of any reward At the request of Mr. GRAMM, the KERREY), the Senator from Louisiana paid to David R. Kaczynski and Linda name of the Senator from Pennsyl- (Ms. LANDRIEU), the Senator from New E. Patrik which is donated to the vic- vania (Mr. SANTORUM) was added as a Jersey (Mr. LAUTENBERG), the Senator tims in the Unabomber case or their cosponsor of S. 2325, a bill to provide an from Vermont (Mr. LEAHY), the Sen- families or which is used to pay Mr. opportunity for States to modify agree- ator from Connecticut (Mr. Kaczynski’s and Ms. Patrik’s attor- LIEBERMAN), the Senator from Florida ments under title II of the Social Secu- neys’ fees. rity Act with respect to student wages. (Mr. MACK), the Senator from Arizona SENATE JOINT RESOLUTION 56 (Mr. MCCAIN), the Senator from Mary- S. 2326 At the request of Mr. GRASSLEY, the land (Ms. MIKULSKI), the Senator from At the request of Mr. LAUTENBERG, names of the Senator from Oregon (Mr. Illinois (Ms. MOSELEY-BRAUN), the Sen- his name was added as a cosponsor of SMITH) and the Senator from Kansas ator from New York (Mr. MOYNIHAN), S. 2326, a bill to require the Federal (Mr. ROBERTS) were added as cospon- the Senator from Alaska (Mr. MURKOW- Trade Commission to prescribe regula- sors of Senate Joint Resolution 56, a SKI), the Senator from Washington tions to protect the privacy of personal joint resolution expressing the sense of (Mrs. MURRAY), the Senator from Ne- information collected from and about Congress in support of the existing vada (Mr. REID), the Senator from Vir- children on the Internet, to provide Federal legal process for determining ginia (Mr. ROBB), the Senator from greater parental control over the col- the safety and efficacy of drugs, includ- Delaware (Mr. ROTH), the Senator from lection and use of that information, ing marijuana and other Schedule I Maryland (Mr. SARBANES), the Senator and for other purposes. drugs, for medicinal use. from Oregon (Mr. SMITH), the Senator S. 2353 SENATE CONCURRENT RESOLUTION 83 from Maine (Ms. SNOWE), the Senator At the request of Mr. DURBIN, the At the request of Mr. WARNER, the from Pennsylvania (Mr. SPECTER), the name of the Senator from South Da- name of the Senator from Mississippi Senator from South Carolina (Mr. S11286 CONGRESSIONAL RECORD — SENATE October 1, 1998

THURMOND), the Senator from New Jer- (2) the Congress condemns the systematic sumed the Ukrainian people. Individ- sey (Mr. TORRICELLI), and the Senator disregard for human life, human rights, uals who did not quickly show the from Minnesota (Mr. WELLSTONE) were human liberty, and self-determination that signs of starvation were often accused added as cosponsors of Senate Resolu- characterized the repressive policies of the of hoarding food. At the same time government of the former Soviet Union dur- tion 271, a resolution designating Octo- ing the Ukrainian Famine of 1932–1933; that the Ukrainian people were risking ber 16, 1998, as ‘‘National Mammog- (3) on the 65th anniversary of the Ukrain- their lives for the smallest amount of raphy Day.’’ ian Famine of 1932–1933, in contrast to the food to sustain themselves and their f policies of the government of the former So- families, the Soviet Union was denying viet Union, Ukraine is moving toward de- that there was a crisis and refusing to SENATE CONCURRENT RESOLU- mocracy, a free-market economy, and full allow assistance from international re- TION 122—EXPRESSING THE respect for human rights, and it is essential lief organizations to be delivered in the SENSE OF THE CONGRESS REL- that the United States continue to assist region. Throughout this turbulent pe- Ukraine as it proceeds down this path; and ATIVE TO THE 65TH ANNIVER- riod, Stalin further exacerbated the SARY OF THE UKRAINIAN FAM- (4) any supplemental material that will as- sist in the dissemination of information situation by working to turn Ukrain- INE OF 1932–1933 about the Ukrainian Famine of 1932–1933, and ians against one another. The famine Mr. LEVIN submitted the following thereby help to prevent similar future trage- followed an assault on the Kulaks, or concurrent resolution; which was re- dies, be compiled and made available world- petty bourgeoisie, and a purge of the ferred to the Committee on Foreign wide for the study of the devastation of the Ukrainian intelligentsia. Relations: famine. While this tragic period of Ukrainian SEC. 2. TRANSMITTAL OF THE RESOLUTION. history is often difficult to revisit, we S. CON. RES. 122 The Secretary of the Senate shall— Whereas this year marks the 65th anniver- (1) transmit a copy of this resolution to— must do so in order to ensure that the sary of the Ukrainian Famine of 1932–1933 (A) the President; world will not to endure a tragedy such that caused the deaths of at least 7,000,000 (B) the Secretary of State; and as this again. When children in the Ukrainians and that was covered up and offi- (C) the co-chairs of the Congressional United States study the dark periods of cially denied by the government of the Ukrainian Caucus; and human history, it is important that the former Soviet Union; (2) request that the Secretary of State Ukrainian famine of 1932–1933 be in- Whereas millions of Ukrainians died, not transmit a copy of this resolution to the cluded. It is also important to note Government of Ukraine. by natural causes such as pestilence, that despite the tragedy the people of drought, floods, or a poor harvest, but by ∑ Mr. LEVIN. Mr. President, today I policies designed to punish Ukraine for its Ukraine endured at the hands of Sta- submit a resolution commemorating lin’s government and many years of aversion and opposition to the government the 65th anniversary of the Ukrainian of the former Soviet Union’s oppression and Soviet domination, Ukraine has re- imperialism, including the forced collec- Famine of 1932–1933. During the period emerged with its vibrant cultural and tivization of agriculture; 1932–1993, the repressive policies of the religious traditions intact and strong. Whereas when Ukraine was famine-strick- government of the former Soviet Mr. President, I am proud to sponsor en, the government of the former Soviet Union, directed by Joseph Stalin, led this resolution commemorating the Union exported 1,700,000 tons of grain to the to the deaths of at least seven million 65th anniversary of the Ukrainian West while offers from international relief Ukrainians. Stalin’s war on the organizations to assist the starving popu- Famine and I urge all Senators to show Ukraine sought to eradicate its unique their support.∑ lation were rejected on the grounds that religious, cultural and political charac- there was no famine in Ukraine and no need f for the assistance; teristics for the purpose of achieving Whereas the borders of Ukraine were tight- complete Soviet domination. SENATE CONCURRENT RESOLU- ly controlled and starving Ukrainians were For the most part, the famine and its TION 123—EXPRESSING THE not allowed to cross into Russian territory victims can be traced to the forced col- SENSE OF CONGRESS REGARD- in search of bread; lectivization of agricultural produc- ING THE POLICY OF THE FOREST Whereas in his book ‘‘The Harvest of Sor- tion. Collectivization was central to SERVICE TOWARD REC- row’’, British historian Robert Conquest ex- Stalin’s efforts to break the will of the REATIONAL SHOOTING AND plains, ‘‘A quarter of the rural population, Ukrainian land-owning peasants and a men, women, and children, lay dead or dying, ARCHERY RANGES ON FEDERAL the rest in various stages of debilitation conscious part of his plan to bring LAND about an end to Ukrainian national- with no strength to bury their families or Mr. MCCAIN (for himself, Mr. KYL, ism, ultimately leading to total Com- neighbors.’’; Mr. CRAIG, and Mr. LOTT) submitted munist control. Stalin’s forced collec- Whereas the Commission on the Ukraine the following concurrent resolution; Famine was established on December 13, tivization of agriculture changed the which was referred to the Committee 1985, to conduct a study with the goal of ex- face of Ukraine. Stalin repeatedly on Energy and Natural Resources. panding the world’s knowledge and under- raised the quota productions for agri- standing of the famine and to expose the culture, so much so that the vast ma- S. CON. 123 government of the former Soviet Union for Whereas the Forest Service is developing a its atrocities in the famine; jority of Ukrainian agricultural pro- duction was being transferred from the national policy to guide its management of Whereas the Commission’s report to Con- existing and proposed shooting and archery gress confirmed that the government of the region. These increased production ranges on national forest land; former Soviet Union consciously employed quotas for exports depleted the amount Whereas when managed appropriately, fire- the brutal policy of forced famine to repress of food for the people of Ukraine. The arm and archery sports are a legitimate use the Ukrainian population and to oppress the quota increases began a vicious cycle of national forest land; Ukrainians’ inviolable religious and political of less food which led to the exhaustion Whereas the Forest Service has proceeded rights; and of farm workers, which in turn led to with closure actions of recreational shooting Whereas the Commission on the Ukraine ranges on Forest Service land without prior Famine presented 4 volumes of findings and even smaller harvests and ultimately famine. Harvest yields were further di- notification to Congress or the general pub- conclusions, 10 volumes of archival material, lic; and over 200 cassettes of testimony from minished when the peasants were Whereas on March 10, 1997, the Forest famine survivors to the newly independent forced to abandon their accustomed Service suspended the special-use permit of Government of Ukraine in 1993, during the ways of farming and use collectivized the Tucson Rod and Gun Club located in the official observances of the 60th anniversary farming techniques. Coronado National Forest near Tucson, Ari- of the Ukrainian famine in Kyiv, Ukraine: During this period, food became so zona; and Now, therefore, be it scarce that people were left to scav- Whereas the Forest Service is evaluating Resolved by the Senate (the House of Rep- enge for what little they could find. alternative sites in the Coronado National resentatives concurring), There are horrible accounts of people Forest that could be used by the Tucson Rod SECTION 1. SENSE OF CONGRESS. being sentenced to death for stealing and Gun Club for firearm and archery sports, It is the sense of Congress that— the Secretary of Agriculture has directed the (1) the victims of the government of the sheaves of corn. The fields once owned expeditious completion of the environmental former Soviet Union-engineered Ukrainian and worked by the peasants were now assessment, and the Forest Service has com- Famine of 1932–1933 be solemnly remembered supervised by armed guards, while an mitted to notify Congress of its decision by on its 65th anniversary; environment of suspicion and fear con- November 20, 1998: Now, therefore, be it October 1, 1998 CONGRESSIONAL RECORD — SENATE S11287 Resolved by the Senate (the House of Rep- not have a reasonably close, organized, (a) King Cove, Alaska is a community in resentatives concurring), and safe place for recreational firearm the westernmost region of the Alaska Penin- SECTION 1. SENSE OF CONGRESS REGARDING sports. At the delegation’s urging, the sula with a population of roughly 800 full- PUBLIC RECREATIONAL AND MULTI- Secretary of Agriculture directed the time residents and an additional 400 to 600 PURPOSE USE OF UNITED STATES workers who are transported in and out of FOREST SERVICE LAND. Forest Service to look at the proposed the community a number of times a year to It is the sense of Congress that— alternative sites and issue a decision work in the local fish processing plant and (1) the Forest Service should not close on a selected site for these activities on fishing vessels; shooting or archery facilities without prior by November 1998. The local Forest Su- (b) the majority of the full-time residents notification to Congress and the general pub- pervisor has pledged to issue a final de- are indigenous Native peoples of Aleut an- lic unless there is an immediate threat to cision in this matter by November 20, cestry that have resided in the region for public safety; 1998, and has further agreed that once over 5,000 years; (2) notification to Congress of any plan for (c) the only mode of access to or from King closure of a shooting or archery facility this decision is rendered, no further Cove is via small aircraft or fishing boat, and should include the reasons for the closure, public comments will be solicited, nor the weather patterns are so severe and un- including any potential for imminent public will additional environmental analysis predictable that King Cove is one of the safety endangerment; be required by the Department of Agri- worst places in all of the United States to (3) the Forest Service should avoid unrea- culture or the Forest Service. I expect access by either of these modes of transpor- sonable restrictions in the issuance of spe- the Forest Supervisor to abide by this tation; cial-use permits for firearm and archery understanding. (d) the State of Alaska has initiated the sports facilities; Mr. President, let me make clear King Cove to Cold Bay Transportation Im- (4) the Forest Service should fully evaluate provement Assessment to confirm the need alternative sites in the Coronado National that it is not my intent in offering this for transportation improvements for King Forest and provide, to the extent consistent resolution, to override the Forest Serv- Cove and to identify alternative methods of with the environmental assessment, a rea- ice’s normal planning process or exist- improving transportation access with com- sonable alternative that would allow the ing laws. I know there are others in prehensive environmental and economic re- Tucson Rod and Gun Club to quickly open a this body with similar concerns about view of each alternative; safe facility for firearm and archery sports; retaining multiple use policies of the (e) the State of Alaska has identified a and Forest Service. The intent in the reso- road between King Cove and Cold Bay as one (5) the Forest Service should adhere to its lution is that the Forest Service should of the alternatives to be evaluated in the deadline of November 20, 1998, for a decision transportation planning process but for a on a site for the Tucson Rod and Gun Club. support shooting and archery ranges on road to be a viable option for the State of public land as one of the many public Alaska, the Congress must grant a legisla- Mr. MCCAIN. Mr. President, today I uses of public lands and should strive submit a resolution that is of tremen- tive easement within the Izembek National to find a suitable alternative location Wildlife Refuge (‘‘Refuge’’) across approxi- dous importance to me and many of my for the Tucson Rod and Gun Club. mately seven miles of wilderness land owned constituents back in Arizona. This res- Mr. KYL. Mr. President, I concur by the Federal Government; olution expresses the Sense of the Con- with everything the senior Senator (f) there are fourteen miles of roads within the wilderness boundary of the Refuge which gress that firearm and archery sports from my state has just said. I would are a recognized recreational oppor- are currently traveled by vehicles; like to add that I find it inconceivable (g) any road constructed in accordance tunity for the general public and a le- that the Forest Service could deter- gitimate use of public land. The avail- with such easement would be an unpaved, mine that it cannot identify approxi- one-lane road sufficient in width to satisfy ability of public land for such activi- mately 20 acres of land on the entire State law; and ties is especially important in western Santa Catalina ranger district of the (h) the combined communities of King states, such as Arizona, where a very Coranado National Forest that is both Cove and Cold Bay have approximately 250 large percentage of the land is public suitable for a shooting range and read- vehicles. land. ily accessible to the members of the SEC. 3. PURPOSE. The purpose of this Act is to establish a Mr. President, given that there is lit- Club. I expect that a suitable location tle private land in Arizona that is surface transportation easement across Fed- will be found and that the Forest Serv- eral lands within the Refuge and to transfer available for such activities, I believe ice will work with the club in good it is crucial that the Forest Service 664 acres of high value habitat lands adjacent faith to agree on a plan to open a facil- to the Refuge in fee simple from the King support the continuation of firearm ity. Cove Corporation to the Federal Government and archery sports on national forest Mr. President, I would also like to as new wilderness lands within the Refuge in lands. thank Representative KOLBE for his exchange for redesignating a narrow corridor Mr. President, the Tucson Rod and leadership and hard work on this issue. of land within the Refuge as nonwilderness Gun Club operated a shooting and arch- lands. Mr. MCCAIN. Mr. President, I join ery range in the Coronado National with my Arizona colleague in applaud- SEC. 4. LAND EXCHANGE. If the King Cove Corporation offers to Forest for almost 45 years and had an ing the efforts of our colleague in the exemplary safety record during that transfer to the United States all right, title, House, Representative KOLBE, to re- and interest of the Corporation in and to all time. When opened, it was miles from solve this issue. the nearest developed area, but the land owned by the Corporation in Sections 2, f 3, 4, 5, 6, and 7 of T 57 S, R 88 W, Seward Me- City of Tucson has spread to the very ridian, Alaska; and any improvements there- edge of the forest, and houses and AMENDMENTS SUBMITTED on, the Secretary of the Interior (‘‘Sec- schools are now within a short distance retary’’) shall, not later than 30 days after from the existing shooting range. The such offer, grant the Aleutians East Borough Club’s special use permit was tempo- KING COVE HEALTH AND SAFETY a perpetual right-of-way of 60 feet in width rarily suspended on March 10, 1997 after ACT OF 1998 through the lands described in sections 6 and a Forest Service report concluded that 7 of this Act for the construction, operation the range may pose a hazard to the and maintenance of certain utility-related MURKOWSKI AMENDMENT NO. 3676 fixtures and of a public road between the homeowners in the vicinity and to visi- city of Cold Bay, Alaska, and the city of tors to the Sabino Canyon area. The Mr. MURKOWSKI proposed an King Cove, Alaska and accept the transfer of Club as well as the Congressional dele- amendment to the bill (S. 1092) to pro- the offered lands. Upon transfer to the gation has asked the Forest Service to vide for a transfer of land interests in United States, such lands shall be managed assist in searching for an alternate site order to facilitate surface transpor- in accordance with Section 1302(i) of the for their facility. tation between the cities of Cold Bay, Alaska National Interest Lands Conserva- Mr. President, despite assurances by Alaska, and King Cove, Alaska, and for tion Act, shall be included within the Ref- the Secretary of Agriculture and by other purposes; as follows: uge, and shall be managed as wilderness. the Forest Service that the Club’s re- SEC. 5. RIGHT-OF-WAY. SECTION 1. SHORT TITLE. Unless otherwise agreed to be the Sec- quest would be dealt with in an expedi- This Act may be cited as the ‘‘King Cove retary and the Aleutians East Borough, the tious manner, it is now more than Health and Safety Act of 1998’’. right-of-way granted under section 4 shall— eighteen months since the range was SEC. 2. FINDINGS. (1) include sufficient lands for logistical closed, and shooters in Tucson still do The Congress finds that— staging areas and construction material S11288 CONGRESSIONAL RECORD — SENATE October 1, 1998 sites used for the construction and mainte- the construction, operation, and mainte- liferation and National Security; and nance of an unpaved, one-lane public road nance of certain utility-related fixtures and David Michaels to be Assistant Sec- sufficient in width to meet the minimum re- of a public road from lands described in Sec- retary of Energy for Environment, quirements necessary to satisfy State law; tion 7 of this section, and to identify Safety and Health. (2) meet all requirements for a public high- logistical staging areas and construction ma- The PRESIDING OFFICER. Without way right-of-way under the laws of the State terial sites within the right-of-way. If an of Alaska; and agreements is not reached within 6 months objection, it is so ordered. (3) include the right for the Aleutians East after the Aleutians East Borough notifies COMMITTEE ON ENVIRONMENT AND PUBLIC Borough, or its assignees to construct, oper- the Secretary of its selection, then the right- WORKS ate, and maintain electrical, telephone, or of-way is hereby granted to the Borough. Mr. THURMOND. Mr. President, I other utility facilities and structures within f ask unanimous consent that the full the right-of-way. Committee on Environment and Public SEC. 6. CONFORMING CHANGE. AUTHORITY FOR COMMITTEES TO Works be granted permission to con- Upon the offer of Corporation lands under MEET duct a hearing to receive testimony section 4, the boundaries of the wilderness from Greta Joy Dicus, nominated by area within the Refuge are modified to ex- COMMITTEE ON AGRICULTURE, NUTRITION, AND clude from wilderness designation a 100 foot FORESTRY. the President to be a member of the wide corridor to accommodate the right-of- Mr. THURMOND. Mr. President, I Nuclear Regulatory Commission (re- way within the following land sections— ask unanimous consent that the com- appointment), and Jeffery S. (1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, mittee on Agriculture, Nutrition, and Merrifield, nominated by the President 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- Forestry be allowed to meet during the to be a member of the Nuclear Regu- ridian, Alaska. session of the Senate on Thursday Oc- latory Commission, Thursday, October (2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of 1, at 11:00 a.m., Hearing Room (SD–406). T 56 S, R 88 W, Seward Meridian, Alaska. tober 1, 1998. The purpose of this meet- (3) Sections 1, 2, 11, and 12 of T 57 S, R 89 ing will be to mark up the nomination The PRESIDING OFFICER. Without W, Seward Meridian, Alaska. of Michael Reyna to be a member of objection, it is so ordered. SEC. 7. RIGHT-OF-WAY LOCATION. the Farm Credit Administration Board COMMITTEE ON FOREIGN RELATIONS Unless otherwise agreed to by the Sec- and to mark up the USDA Information Mr. THURMOND. Mr. President, I retary and the Aleutians East Borough, the Technology Reform and Year 2000 Com- ask unanimous consent that the Com- right-of-way granted under section 4 shall be pliance Act (S2116). mittee on Foreign Relations be author- located within— The PRESIDING OFFICER. Without ized to meet during the session of the (a) sections 2, 3, 10, and 11 of T 59 S, R 86 Senate on Thursday, October 1, 1998 at W, Seward Meridian, Alaska; objection, it is so ordered. 10:00 a.m. to hold a hearing. (b) sections 27, 28, 29, 30, 31, 32, 33, 34, and COMMITTEE ON ARMED SERVICES 35 of T 59 S, R 86 W, Seward Meridian, Alas- The PRESIDING OFFICER. Without Mr. THURMOND. Mr. President, I objection, it is so ordered. ka; ask unanimous consent that the com- (c) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, COMMITTEE ON INDIAN AFFAIRS mittee on Armed Services be author- 26, and 36 of T 58 S, R 87 W, Seward Meridian, Mr. THURMOND. Mr. President, I ized to meet on Thursday, October 1, Alaska; ask unanimous consent that the Sen- 1998, at 9:30 a.m.. in open session, to re- (d) sections 5, 6,7, 8, 9, 16, 17, 20, 21, 27, 28, ate Committee on Indian Affairs be au- 29, 32, 33, and 34 of T 57 S, R 87 W, Seward ceive testimony regarding plans for De- thorized to meet during the session of Meridian, Alaska; partment of Energy national security the Senate on Thursday, October 1, 1998 (e) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, programs. at 10:30 a.m. to conduct a Markup, on 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Me- The PRESIDING OFFICER. Without ridian, Alaska; S. 1870, to amend the Indian Gaming objection, it is so ordered. (f) sections 23, 24, 25, 26, 27, 34, 35, and 36 of Regulatory Act; H.R. 1805, Auburn In- T 56 S, R 88 W, Seward Meridian, Alaska; COMMITTEE ON COMMERCE, SCIENCE AND dian Restoration Act; and S. 2097, to (g) section 6 of T 37 S, R 88 W, Seward Me- TRANSPORTATION encourage and facilitate the resolution ridian, Alaska; and Mr. THURMOND. Mr. President, I of conflicts involving Indian tribes, to (h) sections 1, 2, 11, and 12 of T 57 S, R 89 ask unanimous consent that the Sen- W, Seward Meridian, Alaska. be followed immediately by a hearing ate Committee on Commerce, Science, SEC. 8. TECHNICAL AMENDMENTS. on S. 2010, to provide for business de- The following provisions of law shall not and Transportation be authorized to velopment and trade promotion for Na- be applicable to any right-of-way granted meet on Thursday, October 1, 1998 at tive Americans. The hearing will be under section 4 of this Act or to any road 9:30 a.m. on S. 2494—Multichannel held in room 485 of the Russell Senate constructed on such right-of-way— Video Competition Act. Office Building. (1) section 22(g) of the Alaska Native The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Claims Settlement Act (43 U.S.C. 1621(g)). objection, it is so ordered. (2) title XI of the Alaska National Interest objection, it is so ordered. COMMITTE ON COMMERCE, SCIENCE, AND Lands Conservation Act (16 U.S.C. 3161 et COMMITTEE ON THE JUDICIARY seq.), except as specified in this section; and TRANSPORTATION Mr. THURMOND. Mr. President, I (3) section 303(c) of title 49, United States Mr. THURMOND. Mr. President, I ask unanimous consent that the Com- Code. ask unanimous consent that the Sen- mittee on the Judiciary, be authorized SEC. 9. The Secretary and the Aleutians ate Committee on Commerce, Science, to hold an executive business meeting East Borough shall jointly prepare a plan and Transportation be authorized to during the session of the Senate on setting forth— meet on Thursday, October 1, 1998 at (1) the times of the year a road may rea- Thursday, October 1, 1998, at 9:30 a.m. sonably be constructed when there are not 2:30 p.m. on pending committee busi- in room SD–226 of the Senate Dirksen high concentrations of migratory birds in ness. Office Building. Kinzarof Lagoon; and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (2) limitations on non-emergency road objection, it is so ordered. objection, it is so ordered. traffic during periods of the year when there COMMITTE ON ENERGY AND NATURAL COMMITTEE ON THE JUDICIARY are high concentrations of migratory birds RESOURCES Mr. THURMOND. Mr. President, I in Kinzarof Lagoon. Mr. THURMOND. Mr. President, I SEC. 10. If within 24 months of the date the ask unanimous consent that the Com- King Cove Corporation offers to transfer to ask unanimous consent that the Com- mittee on the Judiciary be authorized the United States all right, title, and inter- mittee on Energy and Natural Re- to meet during the session of the Sen- est of the Corporation lands set forth in Sec- sources be granted permission to meet ate on Thursday, Oct. 1, 1998 at 2:30 tion 4 of this Act, the Secretary and the during the session of the Senate on p.m. in room 226 of the Senate Dirksen Aleutians East Borough fail to mutually Thursday, October 1, for purposes of Office Building to hold a hearing on: agree on the following— conducting a full committee hearing ‘‘Judicial Nominations.’’ (1) a final land exchange and a grant of a which is scheduled to begin at 9:30 a.m. The PRESIDING OFFICER. Without right-of-way pursuant to Section 4; and (2) the right-of-way specifications, and The purpose of this hearing is to con- objection, it is so ordered. terms and conditions of use set forth in sec- sider the nominations of Eljay B. COMMITTEE ON RULES AND ADMINISTRATION tions 5, 6, 7 and 8 of this Act; Bowron to be Inspector General, DOI; Mr. THURMOND. Mr. President, I then the Aleutians East Borough shall have Rose Eilene Gottemoeller to be Assist- ask unanimous consent that the Com- the right to select a 60 foot right-of-way for ant Secretary of Energy for Non-Pro- mittee on Rules and Administration be October 1, 1998 CONGRESSIONAL RECORD — SENATE S11289 authorized to meet during the session Governmental Affairs Subcommittee To further illustrate the seriousness of the Senate on Thursday, October 1, on International Security, prolifera- of this crisis, it is important to look at 1998 at 10:30 a.m. to conduct a hearing tion, and Federal Services to meet on this drop in commodity prices from a on Capitol security issues. Thursday, October 1, 1998, at 2:00 p.m. historical perspective. At the Shipman The PRESIDING OFFICER. Without for its annual postal oversight hearing. Elevator in Shipman, Illinois, the price objection, it is so ordered. The PRESIDING OFFICER. Without of corn on September 18, 1998, was $1.64/ SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. bu. On this same date in 1993, the price Mr. THURMOND. Mr. President, I f was $2.17/bu. The price of soybeans at the Shipman Elevator on September 18, ask unanimous consent that the Select ADDITIONAL STATEMENTS Committee on Intelligence be author- 1993 was $6.14/bu compared to the Sep- ized to meet during the session of the tember 18, 1998 price of $5.00. Senate on Thursday, October 1, 1998 at AGRICULTURE CRISIS IN RURAL Livestock prices have also dropped 10:00 a.m. to hold a closed business AMERICA dramatically. The price of hogs at meeting. Farmland in Monmouth, Illinois, went ∑ Mr. DURBIN. Mr. President, today I The PRESIDING OFFICER. Without from $54/cwt in September 1997 to $39/ would like to take a few minutes to objection, it is so ordered. cwt in March 1998 to $29/cwt on Sep- talk about a subject of great impor- SELECT COMMITTEE ON INTELLIGENCE tember 18, 1998. tance to my home state of Illinois— At these prices, I worry that a num- Mr. THURMOND. Mr. President, I falling farm prices and the impending ber of our nation’s farmers will not be ask unanimous consent that the Select economic crisis in Rural America. able to survive. Whether this means Committee on Intelligence be author- Illinois is one of our country’s most leaving farming altogether or simply ized to meet during the session of the important agricultural contributors. not being able to make their basic pay- Senate on Thursday, October 1, 1998 at Illinois farm land, which accounts for ments, I fear we are facing a serious 12:00 p.m. to hold a closed conference about 27 million acres, is considered economic crisis in rural America. And, with the House Permanent Select Com- some of the most productive in the farmers won’t be the only ones im- mittee on Intelligence regarding the world. More than 76,000 farm families pacted by this crisis. In the past sev- FY 99 Intelligence Authorization. in the state produce corn, soybeans, eral weeks, two of the world’s largest The PRESIDING OFFICER. Without wheat, beef, pork, dairy products, and agricultural equipment manufactures, objection, it is so ordered. specialty crops. Illinois exports more Deere and Company, based in Moline, SUBCOMMITTEE ON CLEAN AIR, WETLANDS, than $3.4 billion worth of agricultural IL, and CASE Corporation, based in PRIVATE PROPERTY AND NUCLEAR SAFETY products. The state’s agribusiness ac- Racine, Wisconsin, have announced Mr. THURMOND. Mr. President, I tivity is vibrant. From the Chicago plans to reduce production and cut ask unanimous consent that the Sub- area to Decatur and throughout Illi- jobs. Both companies claim declining committee on Clean Air, Wetlands, Pri- nois, agricultural processing employs farm prices have reduced demand for vate Property, and Nuclear Safety thousands of people. And, our research- their equipment. When American agri- granted permission to conduct a hear- ers, at the University of Illinois as well culture suffers, the effects are wide- ing on regional haze and mercury pol- as at other institutions, continue to spread, from equipment manufacturers lution on Thursday, October 1, 1998 at help provide answers to some of the to processors to commodity transport- 2:00 p.m., Hearing Room (SD–406). most common as well as the most com- ers. The PRESIDING OFFICER. Without plex agricultural questions we face. Mr. President, Congress needs to objection, it is so ordered. With that said, the current downturn demonstrate strong leadership in the SUBCOMMITTEE ON FORESTS AND PUBLIC LAND of agricultural prices is very troubling. face of this economic crisis. There are MANAGEMENT Not just for Illinois’ economy, but for some short-term solutions which have Mr. THURMOND. Mr. President, I the farm families who work to ensure already been considered by this cham- ask unanimous consent that the Sub- that the state of Illinois, the country, ber—removing the cap on marketing committee on Forests and Public Land and the world enjoy the safest and loans and extending their terms, au- Management of the Committee on En- most abundant food supply. thorizing the Secretary of Agriculture ergy and Natural Resources be granted Recently, I had visits in my Washing- to make emergency storage payments permission to meet during the session ton office from almost every agri- to farmers to encourage the use of mar- of the Senate on Thursday, October 1, culture group in the state. I heard, keting assistance loans, and replenish- for purposes of conducting a sub- firsthand, how farm income will fall to ing the disaster reserve. Unfortunately, committee hearing which is scheduled $42.5 billion in 1998, 20% lower than 1996 partisanship has gotten in the way of to begin at 2:30 p.m. The purpose of and 43% below the five year average. offering rural America a helping hand. this hearing is to receive testimony on Meanwhile, total farm debt in 1998 has This debate is not about the sanctity of Forest Service Cabin fees, and on S. been estimated at $172 billion, the the 1996 Farm Bill, it is about giving 2513, a bill to transfer administrative highest level since 1985. This decline in American agriculture some of the tools jurisdiction over certain Federal land farm income could lead to massive job needed to improve economic conditions located within or adjacent to Rogue loss in the agriculture sector and in ag- and regain stability. River National Forest and to clarify ribusiness, not to mention what it will The Administration, led by Secretary the authority of the Bureau of Land do to our family farms. Glickman, has also offered some sug- Management to sell and exchange Last week, I hosted a roundtable dis- gestions on how to address this crisis. other Federal land in Oregon; S. 2413, a cussion with 15 farmers in Springfield, They have put forward a $7.1 billion bill to provide for the development of a Illinois to talk about the crisis in rural package to aid farmers including $2 bil- management plan for the Woodland Illinois and America. It is clear that lion in emergency disaster assistance. I Lake Park tract in Apache-Sitgreaves falling prices, the uncertainty with for- welcome their proposal and leadership. National Forest in the State of Arizona eign markets—particularly in Asia and In my Springfield meeting I was also reflecting the current use of the tract Russia, and poor weather conditions told that many farmers won’t feel the as a public park; and S. 2402, a bill to have contributed significantly to a se- effects of the current crisis until well direct the Secretary of Agriculture to vere economic crisis for our nation’s after the harvest when the grain bins convey certain lands in San Juan farmers. are full and prices are at all-time lows. Country, New Mexico, to San Juan Col- I heard stories about low prices. In And, many of the farm leaders who lege. central Illinois, the price of corn went have appealed to Congress and the Ad- The PRESIDING OFFICER. Without from $2.22/bu to $1.66/bu between July ministration for help are concerned objection, it is so ordered. 17 and August 31, a 21 percent decline that this crisis could stretch into years SUBCOMMITTEE ON INTERNATIONAL SECURITY, over a six week period. During this rather than months. In short, they PROLIFERATION, AND FEDERAL SERVICES same period, the price of soybeans went don’t see an end in sight. Mr. THURMOND. Mr. President, I from $6.50/bu to $5.15/bu, also a 21% Mr. President, Congress is scheduled ask unanimous consent on behalf of the drop. to adjourn in less than two weeks. We S11290 CONGRESSIONAL RECORD — SENATE October 1, 1998 won’t be able to single-handedly solve With the increased competition faced have been skeptical of efforts that this serious economic crisis in rural by workers in the global economy, the might destroy the balance that has ex- America before we go home for the importance of these programs is even isted between direct lending and the year. But, we shouldn’t wait to address greater today, not only for students, FFEL program. Federal policy should this important issue and offer some as- but also for our nation’s economy. The not be changed in ways to either favor sistance. We should act soon and in a Higher Education Act programs ac- direct lending or undermine the finan- bipartisan fashion. We should explore count for 68 percent of all financial aid cial viability of lending by the private short-term fixes, like lifting the cap on available to students. In FY 1999, the sector. marketing loans, as well as long-term student aid programs authorized under There are some lesser-noticed provi- solutions, like tax fairness and ex- the Higher Education Reauthorization sions of this bill of which I am particu- panded trade opportunities. We should Act will provide $50 billion of aid to larly proud. Promoting the availability stand up for the men and women in over 8.8 million students. and affordability of child care has been rural America and let them know that The cost of a college education con- one of my highest priorities in the Sen- Congress and the Administration will tinues to grow far faster than inflation, ate. That is why I am so pleased that work with them to help alleviate some leaving more and more students with a legislation I cosponsored earlier this of the economic pain and uncertainty large debt once they finish. Last fall, year, the CAMPUS Act, has been incor- they face. the College Board released a nation- porated into this bill. CAMPUS stands To do anything less would be a dis- wide survey of tuition costs, finding for Child Care Access Means Parents in service to our farmers and American that tuition and fees would rise about 5 School. This provision will establish a agriculture.∑ percent for the fifth year in a row. grant program to assist colleges with f In contrast, inflation in the overall the costs of establishing child care cen- SOMERSET COUNTY RED RIBBON economy has been held under control ters to provide campus-based child care CAMPAIGN during these years, hovering at, or for low-income parents attending col- below 2 percent. lege. ∑ Mr. SANTORUM. Mr. President, As costs have increased, student bor- The obvious benefit of easy access to Communities across our nation are rowing has expanded to make up the child care is that students with young being plagued by the numerous prob- difference. Student loans now comprise children will have a much greater prob- lems associated with drug and alcohol about 60 percent of all financial aid, ability of staying in school and com- abuse, and this disease is playing an in- whereas in the 1980–81 school year, pleting their degree. More and more creasing role in the lives of our chil- loans were just over 40 percent of the students today are non-traditional stu- dren. I rise today to commend Somer- total. dents, and the need for campus-based set County in Pennsylvania for its ef- Given the increased reliance on bor- child care is greater than ever before. forts to raise awareness and show our rowing, it is notable that this reau- Additionally, this bill establishes an children that by choosing a drug-free thorization legislation provides for a innovative new program to offer stu- lifestyle, they can reach their full po- reduction in interest rates on new stu- dent loan forgiveness for those who tential. dent loans from 8.25 percent to 7.46 per- earn a degree in early childhood edu- The Somerset County Red Ribbon cent, saving $11 billion for students cation and become full-time child care Committee is sponsoring its annual over the life of their loans. The typical workers in a child care facility. Child Red Ribbon Campaign, which offers borrower at a 4-year college, who grad- care, unfortunately, is one of the low- citizens throughout Pennsylvania the uates with $13,000 in debt, will save est-paying professions that one can opportunity to demonstrate their com- about $700 over a ten-year repayment find, and this low level of pay is com- mitment to a drug-free lifestyle. The period. This is a major educational Committee has designated October 23- pletely incommensurate with the value milestone, allowing student borrowers 31 Red Ribbon Week. Businesses, of those who are caring for young chil- the lowest interest rate in 17 years. schools, churches and community orga- dren. Not surprisingly, turnover in this Nearly 84 percent of South Dakota nizations across the state will play an field is very high, as workers find bet- students receive financial aid in some active role by participating in drug ter paying jobs elsewhere. form, with an average annual award of It is especially tragic when highly- education and prevention activities $5,400 to students who receive aid at trained graduates, those who have throughout the week. Our children are the future of our the six public universities. Approxi- earned a degree in early childhood edu- country. By joining together to fight mately 16,000 students in South Dakota cation, are forced to leave the child the war on drugs we are investing in receive Pell Grants, accounting for $28 care profession because they cannot that future. I commend Somerset million in federal assistance. pay their student loans. We still need County for their efforts in confronting I am pleased that this bill gradually to do all we can to raise wages for child this difficult challenge. Mr. President, increases the size of the maximum Pell care workers, but helping with student I ask my colleagues to join Pennsyl- Grant to $5,800 in academic years 2003– loan repayment is a remarkable step vania in recognizing Red Ribbon Week 4. In the 1970s, Pell Grants covered forward. This concept was included in so that all of our children’s futures three-quarters of the costs of attending child care legislation I cosponsored may be promising, healthy and drug- a four-year public school. Today, these last year, and I am very pleased that it free.∑ grants cover only one-third of the cost. has been included in this bill. f I realize that finding the budget re- I am pleased this bill develops new sources to fund this maximum grant distance education partnership models CONFERENCE REPORT ON THE fully will be a struggle, however Pell through the Learning Anytime Any- HIGHER EDUCATION ACT AMEND- Grants are the most effective program where Partnership (LAAP) program. MENTS OF 1998 we have for helping low-income stu- This creative initiative provides part- ∑ Mr. JOHNSON. Mr. President, I rise dents afford post-secondary education. nerships grants between schools and to express my strong support for the This legislation also continues the other entities to assist in the expan- Higher Education Act Amendments of essential Federal Family Education sion of student achievement in dis- 1998. Loan (FFEL) program. This program tance education. LAAP, combined with The Higher Education Act has been alone has enabled forty million Ameri- the expansion of student aid for dis- of enormous benefit to millions of stu- cans to attend college over the past tance learners, will allow more non- dents over the past three decades in thirty years. Although direct lending traditional students to obtain higher providing more affordable access to in- by the federal government has con- education, including full-time workers, stitutions of post-secondary education. sumed a portion of the overall student parents, people in rural areas, or indi- Many of these students simply would loan volume, all of the colleges and viduals with disabilities. not have gone to college or vocational universities in my state of South Da- In addition to meeting the needs of school without the assistance provided kota continue to use the FFEL pro- rural America through distance learn- through such programs as Pell Grants, gram and remain satisfied with the ing, the Higher Education Act speaks student loans, and work study. services they receive. Accordingly, I to an equally important population of October 1, 1998 CONGRESSIONAL RECORD — SENATE S11291 students: Indian Country. This bill in- ever, I am committed to working with opened fire in a crowded cafeteria. He cludes a new initiative to provide Senator WELLSTONE and other advo- killed two students and wounded 19 grants and related assistance to Indian cates to revisit this issue in the future. others. Police suspect he shot and Tribal Colleges and Universities to im- Passage of the Higher Education Re- killed his parents, as well. prove and expand their capacity to authorization Act of 1998 was abso- It is no secret that I support tougher serve Indian students. The bill author- lutely essential for the continuation restrictions on gun ownership. Earlier izes $10 million for FY 1999 and such and improvement of a system that this year, Senator DURBIN and I offered sums as may be necessary in the years helps keep post-secondary education an amendment to the spending bill for beyond FY 1999. This new initiative for within the reach of typical American the Departments of Commerce, State Tribal Colleges will provide much- families. I was pleased with the expedi- and Justice. Our amendment would needed funding to strengthen academic tious manner by which Congress re- have held adult gun owners responsible programs, develop faculty, and improve sponded to the conference report and if their weapon—which had not been student services. President Clinton’s prompt signing of stored properly—was used by a child to Finally, I support the extension of the bill.∑ injure himself or someone else. I felt the Special Leveraging Educational f that this was the least we could do to Assistance Partnership Program help protect children from needless gun (LEAP), formerly known as the State ENSURING SAFE SCHOOLS violence. Unfortunately, the majority Student Incentive Grant (SSIG) pro- ∑ Mr. CHAFEE. Mr. President, I am de- of my Senate colleagues didn’t agree, gram. SSIG provides funding on a dol- lighted that the Senate has approved and our amendment was defeated. lar-for-dollar match to help states pro- legislation which I cosponsored to help Despite that setback, I believe that it vide need-based financial aid to stu- ensure the safety of our nation’s is Congress’ responsibility to take steps to assist local communities in dents through grants and community schools. Senators CAMPBELL, JEFFORDS, their battle against school violence. service work study awards. Without and FAIRCLOTH introduced S.2235, ‘‘The this federal incentive, many states School Resource Officers Partnership Children bringing weapons to school would not have established state finan- Grant Act of 1998,’’ in June. It was ap- and drug use among youngsters aren’t problems of big city schools alone. In cial aid programs. As a cosponsor of proved unanimously by the Judiciary my own State of Rhode Island during the LEAP Act, I am pleased that states Committee and approved by the Senate the last school year, there were more will now gain new flexibility to use yesterday. than 400 weapons-related suspensions. these funds for activities such as in- The goal of this legislation is to help To put that number in the proper per- creasing grant amounts, carrying out put a stop to crime and violence in our spective, we have fewer than 450 ele- academic or merit scholarships pro- nation’s schools. Through this legisla- mentary and secondary schools in grams, community service programs, tion, partnerships will be developed be- Rhode Island, including private and re- and early interventions programs. This tween state and local law enforcement ligious schools. We should not fool our- program is yet another example of a agencies and the school districts in selves into thinking that the kind of which they serve. While national sta- federal-state partnership developed to atrocities that all of America wit- tistics on violence in schools indicate create maximum opportunities for stu- nessed in schools last year can’t hap- an overall downward trend, the types dents seeking higher education. pen in our children’s schools. While I am pleased with the inclusion of violence that have occurred re- It is my sincere belief that The of numerous programs that will benefit cently, particularly in the last school School Resource Officers Partnership students pursing higher education, I year, are nothing short of traumatic. Grant Act is a step in the right direc- am deeply disappointed the conference The sight and sound of schoolyard tion. This legislation will make federal report failed to include an important shootings have become all too familiar. funds available to local law enforce- amendment to count higher education Americans were shocked, time and ment agencies, working in partnership as a work requirement for purposes of time again, by the devastating sight on with local school districts, for ‘‘school the Temporary Assistance to Needy the evening news of youngsters being resource officers.’’ These SROs, who Families program. I was a proud co- carried to ambulances from school must be professional law enforcement sponsor of this amendment which en- grounds following shooting sprees by officers, would address gang-related joyed a bipartisan majority in the Sen- other youngsters. Looking back at the crime and violence, including drug use, ate-passed bill. 1997-1998 school year, several particu- in and around schools. They would Throughout this Congress, the lead- larly alarming incidents occurred: work with students, teachers, and ad- ership has echoed the importance of In October, a 16-year-old at Pearl ministrators on crime prevention and taking personal responsibility and High School in Mississippi went to personal safety. And perhaps most im- achieving independence. As a supporter school with a hunting rifle. He shot portantly, they would work directly of welfare reform, I support imposing and killed a student and a teacher, with students on conflict resolution to work requirements on individuals who leaving a second teacher with a bullet help avert violent oubursts that can receive cash assistance. However, to wound in the head. leave innocent children dead or in- not allow students to earn a degree, a In December, a student at Heath jured. certifiable ticket to self-sufficiency, is High School in West Paducah, Ken- There are communities throughout irresponsible and thoughtless. tucky used a pistol to kill 3 other stu- our nation whose police officers have I have heard from a number of my dents. The shooter was 14-years-old. undertaken these very tasks. In Rhode constituents that the current system In March, 2 boys in Jonesboro, Ar- Island, police officers in Newport, has had the unfortunate effect of forc- kansas, an eleven year-old and a thir- Providence, and West Warwick, to ing TANF recipients out of college or teen year-old, pulled the fire alarm in name a few, already are working with- vocational school and into dead-end, their school. As students and teachers in schools on crime prevention, men- entry-level jobs. It seems obvious that left the building, the two boys began toring, and conflict resolution. Our bill enabling these individuals, which are shooting. They killed five people: four would allow local law enforcement usually single mothers, to complete a young girls and a teacher. agencies to use a portion of their fed- degree would be far more effective in In April, a 14-year-old boy in eral Community Policing funds for achieving long-term benefits. Edu- Edinboro, Pennsylvania went to a these officers. cation leads to higher income levels, school dance with a gun he apparently I applaud our teachers and adminis- helping move these families out of pov- removed from his father’s bureau draw- trators for their efforts to confront and erty for good and making them produc- er. He killed a science teacher and in- address violence in schools, but we can- tive taxpayers. Federal requirements jured two students and another teach- not expect them to undertake this bat- should not be so rigid and inflexible er. tle alone. This bill will make the that states are prevented from exercis- At Thurston High School in Spring- knowledge and resources of profes- ing this option. Unfortunately, we were field, Oregon a 15-year-old who was sus- sional law enforcement agencies avail- unsuccessful in addressing this need in pended for carrying a gun to school, re- able to our schools. I know it will help the Higher Education Act of 1998, how- turned to school the next day and keep our children safe.∑ S11292 CONGRESSIONAL RECORD — SENATE October 1, 1998 MAURICE RIVER TOWNSHIP cational institution renowned for its Andy has since created several other ∑ Mr. TORRICELLI. Mr. President, I excellent ROTC program. Mr. Presi- fruitful programs which continue to rise today to recognize Maurice River dent, I encourage my colleagues to join benefit the community. His innova- Township as it celebrates its 200th an- me in honoring this fine organization tions have enabled him and several niversary on Saturday October 3rd. It of young Americans as they celebrate hundred students to achieve a vision is a pleasure for me to be able to recog- their latest triumph.∑ which reflects the nature of the Ameritech Award. His efforts and com- nize this important milestone. f mitment are a great example for those Maurice River Township has a rich TRIBUTE TO THE FIRST PRES- who wish to make a difference in their and varied history that will be cele- BYTERIAN CHURCH OF PITTS- own communities. The other programs brated and honored this Saturday. BURGH include: WORC on Bikes, the Drop-In- Maurice River Township was first char- ∑ Mr. SANTORUM. Mr. President, this Center, the Let’s Talk program, and tered as one of six precincts of the year marks the 225th anniversary of Whiz Kids. WORC on Bikes is a pro- County of Cumberland, created by the the First Presbyterian Church of Pitts- gram in which youth learn to repair bi- Colonial Legislature, in the Colony of burgh. Today I rise to congratulate the cycles and eventually earn their own West Jersey on January 19th, 1747. To- church on their many years of faithful bikes. The Drop-In-Center is a place gether, Greenwich, Hopewell, and Stow service. where any adult or child can stop and Creek, on the North side of Cohansey The First Presbyterian Church of discuss personal concerns, such as fam- Creek, as well as Fairfield, Deerfield, Pittsburgh has a long and esteemed ily problems, alcohol and drug abuse, and Maurice River on the South side of history of reaching out and ministering and violence. The Let’s Talk program Cohansey Creek, formed Cumberland to those in need. Over the years, the empowers youth, teenagers, adults, and County. The Maurice River Precinct congregation has faithfully given parents by providing the tools with contained all of the land on the East themselves to advance the good of the which solutions to social problems can side of Prince Maurice’s River. In 1798, city. Their impact is evident in the begin to be addressed. Whiz Kids is a Maurice River was finally incorporated many lives they have so graciously community-based computer education as a Township by the New Jersey State touched along the way. program which makes technology more Legislature. Mr. President, I ask my colleagues to accessible to youth, while assisting Over the past 200 years the Township join with me in extending the Senate’s them in developing related skills to of Maurice River has developed into a best wishes to the people of the First prepare them for future endeavors. It is thriving community, incorporating the Presbyterian Church of Pittsburgh and funded entirely through private dona- eight villages of Delmont, Bricksboro, commending them on their 225 years of tions. Dorchester, Leesburg, Heislerville, dedicated service to the city of Pitts- Clearly, Andy was selected for this Port Elizabeth, Cumberland, and burgh. With God’s help, their legacy award for his ability to truly make a Milmay. Today, Maurice River stands will carry on for another 225 years.∑ difference, to persevere, to work for as one of the most vibrant commu- f positive results in the lives of youth in nities in the State of New Jersey, and the realm of crime prevention and far RECOGNIZING ANDY WILLIAMS I am confident it will continue to grow beyond. On behalf of the children and in a positive direction. ∑ Mr. WELLSTONE. Mr. President, I families who have profited from his ex- The determination and the spirit of speak today to recognize Andy Wil- emplary efforts to better various com- the Maurice River community make it liams, an individual who along with munities in St. Paul, my thanks for his a privilege for me to recognize its bi- only seven others in the nation, has re- devoted and lasting contribution to the centennial anniversary. The Township ceived the National Crime Prevention future of our children, and my con- has become one of New Jersey’s bright- Council’s Ameritech, Award of Excel- gratulations on his well-deserved est stars, and I look forward to another lence in Crime Prevention. award.∑ Andy, while employed as a cab driv- two hundred years of success.∑ f er, made a decision in 1989 that inner- f city youth needed both good role mod- TRIBUTE TO COMMANDER LILIA L. TRIBUTE TO THE BLUE RIDGE els and more chances to learn. He has RAMIRZ, U.S. NAVY RIFLES since devoted his time, energy, and ∑ Mr. D’AMATO. Mr. President, I wel- limited resources to the city of St. come this opportunity to pay tribute Mr. COVERDELL. Mr. President, I ∑ Paul’s young people. Youth in St. Paul to Commander Lilia L. Ramirez, U.S. rise today to pay tribute to the Blue have benefited by the creation of his Navy, who is retiring after eighteen Ridge Rifles Precision Drill Team of first program, Worker’s Organization years of distinguished service to this North Georgia College and State Uni- to Regain Confidence (WORC). After nation. She stands out as a pioneer, a versity. The Blue Ridge Rifles finished working a 7 or 8 hour day in his cab, he leader and an outstanding role model first overall at the Tulane University used it to collect kids from school and for young people in uniform. Mardi Gras Drill Meet, their tenth such take them to miscellaneous jobs he had Lilia’s United States Navy career is win since 1979. set up for them, providing an alter- testament to a true American success The Blue Ridge Rifles competed native to after-school delinquency and story. She was born in Bogota, Colum- against outstanding competition, hail- crime. Kids took on various jobs such bia and emigrated to the U.S. when she ing from such esteemed institutions as as cleaning windows for a local busi- was just five years old. Her parents, West Point, the United States Air ness, running a lawn service, delivering Alvaro and Ana Ramirez fled the vio- Force Academy, and the Georgia Mili- dinners, learning how to repair small lence in the Columbian countryside in tary College. Furthermore, this com- engines, and shovel snow. These pro- the early 1960’s in search if a new life of petition was scored using Navy-Marine grams usually involved 12 to 14 partici- security and promise for their children Corps standards of drill, so the Rifles, pants. in America. With little more than an with their Army-based ROTC training, A successful year later, he expanded optimistic spirit. Al and Ana settled in were competing under unfamiliar rules. WORC into a non-profit organization, Bayshore, New York where they went The ability of the Rifles to adjust to guiding at-risk youth in the St. Paul on to raise five extraordinary citizens. these changes and compete, let alone communities of Frogtown and Summit- Through hard work, determination and win, is nothing short of exceptional. University. WORC and his newly cre- a deep commitment to each other the I also extend congratulations to ated subsidiary, SOCK (Save Our City Ramirez family actualized their Cadet Staff Sergeant Justin Shelton Kids), cooperate with other non-profits dreams of America. and Cadet Second Lieutenant Edward to provide work skills, peer counseling, The eldest of five children, Lilia Boyd, who finished first and third in and apprenticeship opportunities. spoke only Spanish when he arrived in the individual exhibition respectively. These help the students develop self- New York as a five year old. Yet Lilia The Blue Ridge Rifles are a proud confidence, self-respect, and more of excelled throughout her public edu- component of North Georgia College the skills crucial to becoming self- cation career, graduating with distinc- and State University, an dedicated edu- sufficent. tion from Brentwood high School and October 1, 1998 CONGRESSIONAL RECORD — SENATE S11293 accepting an appointment to the U.S. House and Senate. In addition to nu- shop. The remaining forty percent of Navel Academy as a member of the merous informational visits to the auto border crossings were by vaca- class of 1981. She was a member of An- Naval communications and intel- tioners. napolis’ second coeduation class. ligence facilities throughout the If implemented, an automated entry- As a new Ensign, Lilia sailed for the United States, Europe and Japan, Lilia exit system along the northern border Navel Communications Area Master escorted Congressional delegations to would hamper both trade and tourism. Station Western Pacific in Guam, the the refugee camps in Guantanomo Bay, This is not inconsequential. The United first of three overseas assignments. Cuba and later to the national elec- States-Canadian trade relationship is While in Guam, Lilia was deployed to tions in Nicaragua. In 1997, as a mem- the largest in the world, totalling $272 the Indian Ocean abroad the submarine ber of the team from the U.S. Naval billion in 1995. Compare this to $256 bil- U.S.S. Proteus, with only a handful of Academy, she visited Peru to advise lion in trade for the entire European women. After crossing the Equator, she the Peruvian Navy on integrating Union during that same period and one was proudly initiated as a Trusty Shell women into their naval academy. gets an idea of how important this re- back in a time-honored sea faring cere- As the first U.S. Naval woman to at- lationship is and why it must remain mony. tend the Inter-American Defense Col- unfettered by chaotic checkpoints.∑ European assignments followed and, lege, Lilia again helped blaze a trail for f while stationed in England as a Navy- all women. Named as the ambassador WETLANDS AND WILDLIFE Air Force Liasion Officer at RAF of the U.S. Navy, she combined her na- CONSERVATION ACT Mildenhall, Lilia and two other Annap- tive Spanish fluency and experience in olis classmates saved the life of an el- nation security affairs to impress her ∑ Mr. GRAMS. Mr. President, I rise derly Briton. During their evening of Latin American counterparts. She today having learned of last night’s liberty, they discovered the Briton who forged lasting relationships with key unanimous consent request on S. 1677— had collapsed from a heart attack. civilian and military leaders of Latin The Wetlands and Wildlife Conserva- Next, Lilia served at the U.S. European America and left them with enduring, tion Act of 1998. Command in Stuttgart, Germany as positive memories of women as mili- As you know, S. 1677 reauthorizes the the Officer-in Charge of the Navy-Ma- tary professionals. North American Wetlands Conserva- rine Corps Elements at the head- Lilia’s personal decorations include tion Act (NAWCA) for the next five quarters’ manpower and personnel di- the Defense Meritorious Service Medal, years. Mr. President, over its eight rectorate. While in Stuttgart, she pro- the Meritorious Service Medal, the year history NAWCA has been a vided crucial after-action reporting Joint Service Commendation Medal lynchpin in our nations efforts to pre- and personnel support in the wake of a and the Navy Commendation Medal serve habitat and protect wildlife. terrorist murder of our Navel Attache (three awards). NAWCA has been a very good pro- in Greece and the U.S. Marine Bar- The United States, as a nation, owes gram for wildlife, for conservation, and racks bombing in Beirut. a great debt of gratitude to Lilia Rami- for American taxpayers. For every one After five years, Lilia returned to the rez whose example will inspire women, dollar of federal money, the program Washington D.C. area to serve in sev- Hispanics and all Americans seeking obtains on average a match of another eral assignments, including: the Navy public service and whose work will two dollars from private partners. Ac- Telecommunications Center at Crystal have a lasting impact on our armed cording to Ducks Unlimited, over 550 City, which was the Navy’s largest forces for years to come. While we will projects nationwide have been initiated message center; the Navy’s Bureau of miss her distinguished career in uni- with NAWCA funding. In 1996, 76.9 mil- Personnel, where she was personally form, we will no doubt continue to lion individuals took part in wildlife- involved in assigning a record number enjoy her commitment to her commu- associated activities, creating over $100 of women officers to pursue advanced nity and Nation. I wish to recognize billion in expenditures for our econ- technical degrees at the Naval Post- her entire family, including her father omy. Additionally, in 1996, over 40 mil- graduate School; the Joint Chief of Alvaro, her mother Ana (whom we lost lion sportsmen and women spent over Staff’s Command, Control and Commu- this year to cancer), her brothers Mi- $70 billion in recreational expenditures nications Systems Directorate. While chael and Henry and her sisters Angela and millions more Americans spent bil- on the Joint Staff, Lilia coordinated and Ana Tulita who are all great Amer- lions in non-sport activities associated the installation of command and con- ican success stories of their own right. with wildlife. trol systems in the field offices of Cus- Best wishes to Lilia, her husband Ran- My home state of Minnesota, in par- toms, DEA and the North American Air dall Lovdahl (Commander, U.S. Navy) ticular, has benefited from NAWCA. Defense Command as part of our na- and her children Bianca and Beau as Over its eight-year life, NAWCA fund- tional anti-drug policy. they mark this special milestone.∑ ing of $18.4 million has stimulated pri- In 1990, Lilia was assigned as Officer- f vate partners to contribute over $25 in-Charge of the Personnel Support De- million more to habitat projects. In tachment at Naval Air Station DELAYING THE IMPLEMENTATION 1996, 1.6 million Minnesotans partici- Whidbey Island, in the State of Wash- OF SECTION 110 OF THE ILLEGAL pated in wildlife-associated activities, ington. In this tour, she was respon- IMMIGRATION REFORM AND IM- creating $3.6 billion in expenditures sible for the pay, travel and career ad- MIGRANT RESPONSIBILITY ACT throughout the state. vancements matters of 8,000 service OF 1996 But beyond the economic benefits members and their families. Lilia re- ∑ Mr. MOYNIHAN. Mr. President, I am NAWCA provides are the important en- turned to the Washington, D.C. area opposed to implementing section 110 of vironmental aspects to the program. again in 1992, where she served as the the Immigration Reform Act of 1996. The decline in duck, geese, and other base-commander of the Navel Commu- Its implementation would create wide- waterfowl populations in the early nications Unit Chetenham, a 230-acre spread chaos and lead to untold conges- 1980s created the catalyst for the pro- facility in rural Maryland. At Chelten- tion at our Northern borders’ check- gram. By protecting nearly 3.7 million ham, 300 personnel and 19 tenant com- points, potentially creating havoc with acres of habitat since its creation, mands where under her jurisdiction. our largest trading partner, Canada. NAWCA has helped restore waterfowl She also environmentally protected the Each year, more than eight million populations to their highest level in wetlands at her base and hosted the trucks cross the eastern United States- half a century. In fact, state and fed- local Boy Scout Troop. Canada border carrying a variety of eral surveys this past year counted 42 In 1994, Lilia began a tour in the Sec- goods to market. In addition, the East- million breeding ducks, the highest retary of the Navy’s Office of Legisla- ern Border Transportation Coalition level since surveys began in 1955, ac- tive Affairs. Lilia was responsible for estimates that over 57 million cars cording to the U.S. Department of the representing the command, control, cross that border each year. Sixty per- Interior. communications and tactical intel- cent of these are day trips—people I was proud to join my colleagues ligence programs to the defense and in- crossing the border to go to work or this past April in cosponsoring S. 1677. telligence committees of both the school, attend cultural events or to I am even more proud to come to the S11294 CONGRESSIONAL RECORD — SENATE October 1, 1998 floor today knowing the bill has passed ship to help Eau Claire’s youth realize awareness and prevention programs for the United States Senate and will con- their full potential. On behalf of all women. Regrettably, such efforts are tinue to protect habitat and wildlife those affected by her work and in needed. The statistics are frightening. well into the future.∑ honor of her recent award, congratula- Seventy-three percent of women will f tions, Bette Wahl.∑ be victimized at some point in their f lives. Seventy-three percent. One mil- RECOGNIZING BETTE WAHL lion women are stalked each year in RECOGNIZING MR. MORRIS ∑ Mr. KOHL. Mr. President, I rise the United States. Figures such as AMITAY, DISTINGUISHED PRO- today to recognize a woman who has these call for decisive action. ISRAEL ACTIVIST been honored as one of only seven I am proud to recognize a program Americans to receive the National ∑ Mr. SPECTER. Mr. President, I was that empowers women with a strategy Crime Prevention Council’s Ameritech happy to read a recent article in the to ensure their own personal safety. Award of excellence in Crime Preven- Washington Jewish Week, Guide to Refuse To Be A Victim is a superior tion. Jewish Life in Washington, 1998–1999, safety tool and thousands of women are Bette Wahl is an enthusiastic youth about Morrie Amitay and his tireless safer because of their participation. advocate and a strong voice in the Eau work toward improving the bonds be- Refuse To Be A Victim is sponsored by Claire community for crime preven- tween the United States and Israel. the National Rifle Association. The tion. While her words are powerful and I have known Morrie since my earli- program is not, however, about fire- persuasive, her actions prove her dedi- est days on Capitol Hill and have had arms. Instead, Refuse To Be A Victim the opportunity to witness many of his cation to the youth of Eau Claire, Wis- offers women the knowledge necessary accomplishments. Morrie’s career is in- consin. Mrs. Wahl is the Project Coor- to avoid being victimized. deed impressive. During his years at dinator for the Eau Claire Coalition for This program is taught throughout Harvard Law School, Morrie developed Youth. The Coalition is a collaboration the United States an in my home state a strong interest in United States for- of 28 agencies which address the rec- nine men and women instruct hundreds eign policy. This led to a career with reational, educational, and social needs of North Carolinians each year. I’m the U.S. Foreign Service, where he of youth and family. Under Mrs. Wahl’s pleased that Trish has committed her- served the U.S. embassies in both Italy guidance, creativity, and energy, the self to such a worthwhile program. And and South Africa. Morrie’s talents were Coalition has grown and become a true I hope that many more American asset to the community. quickly noted and he was promoted rapidly. In 1969, Morrie turned his at- women will take advantage of this ex- Bette Wahl has created innovative ceptional learning experience.∑ youth crime prevention programs, en- tention to Capitol Hill where he took a listing the support of senior citizens in position as a legislative assistant in f her community. In 1994, Seniors the House of Representatives. In 1974, while working as an aide for Partnering with Youth brought young CBO COST ANALYSIS—S. 2361 and old together to work on service Senator Abraham Ribicoff, Morrie was projects that benefit the community. instrumental in crafting the Jackson- ∑ Mr. CHAFEE. Mr. President, on Sep- This program provides an alternative Vanik Amendment—part of the Trade tember 11, 1998, the Committee on En- activity to crime and delinquency, Act of 1974—which provided for an in- vironmental and Public Works filed helps youth serve the community, and crease of Jewish immigrants from the Senate Report 105–326, to accompany S. then-religiously oppressive Soviet develops the values of compassion, re- 2361, the Disaster Mitigation Act of Union, into the United States. spect, and responsibility. Bette also 1998. When the report was filed, the let- Another significant achievement of ter and analysis of the cost of the legis- created two pilot youth employment Morrie’s was to become executive di- programs which serve as gang and de- lation prepared by the Congressional rector of AIPAC, the American Israel Budget Office, as required by Section linquency diversion programs. Through Public Affairs Committee. During one of the programs, Youth Works, 403 of the Congressional Budget and Morrie’s tenure at AIPAC, the political Impoundment Control Act, was not young people build self-esteem, pride, action committee grew to be one of the and responsibility. available to the committee. That infor- most successful interest groups in mation was received on September 29, Bette has displayed her extraor- Washington, D.C. His current work in- dinary passion and skill while develop- 1998. Therefore, I request that the let- volves educating the American Jewish ter from the Congressional Budget Of- ing effective crime prevention pro- community on defense issues, and also grams in the Eau Claire community. fice and cost analysis be placed in the strengthening the strategic ties be- CONGRESSIONAL RECORD. Eau Claire’s chief of police, David Ma- tween the defense establishments of lone, called Bette ‘‘phenomenal’’ say- U.S. CONGRESS, the United States and Israel. This im- CONGRESSIONAL BUDGET OFFICE, ing that ‘‘she seems to have a unique portant work is accomplished through talent for bringing out the best in peo- Washington, DC, September 29, 1998. his position as vice chairman at the Hon. JOHN H. CHAFEE, ple and getting them to reach a solu- Jewish Institute for National Security Chairman, Committee on Environment and Pub- tion.’’ She succeeds where others fail Affairs. lic Works, U.S. Senate, Washington, DC. by influencing and inspiring others Mr. President, I am privileged to be a DEAR MR. CHAIRMAN: The Congressional with her energy and creativity, thereby friend of Morrie Amitay and I am Budget Office has prepared the enclosed cost achieving a positive and permanent proud to stand before you today and estimate for S. 2361, the Disaster Mitigation change in the crime prevention field. recognize his successful career. I offer Act of 1998. If you wish further details on this esti- Bette recognizes that greater com- congratulations to Morrie and best munication and integration of services mate, we will be pleased to provide them. wishes for the future.∑ The CBO staff contacts are Kristen Layman enables a community to achieve tan- f (for federal costs) and Lisa Cash Driskill (for gible benefits in crime prevention. the state and local impact). Sixty percent of juveniles in her tru- TRIBUTE TO PATRICIA HYLTON Sincerely, ancy reduction program experienced an ∑ Mr. FAIRCLOTH. Mr. President, I JUNE E. O’NEILL, increase in school attendance; she has rise to commend a former member of Director. provided community service opportuni- my staff, Patricia Hylton, who has re- CONGRESSIONAL BUDGET OFFICE COST ties for 369 youth in another program, cently been named manager of the ESTIMATE, SEPTEMBER 29, 1998 and she organizes two youth job fairs Refuse To Be A Victim program. Trish S. 2361: DISASTER MITIGATION ACT OF 1998 each year to match youth with area was an invaluable member of my office, (As ordered reported by the Senate Commit- businesses for entry level jobs. and I’m certain that she will be suc- tee on Environment and Public Works on Mrs. Wahl’s hard work in crime pre- cessful in making Refuse To Be A Vic- July 29, 1998) vention encourages youth, adults, busi- tim a beneficial program for women SUMMARY nesses, government agencies, commu- across the country. S. 2361 would amend the Robert T. Stafford nity organizations, and schools to par- While working in my office, Trish be- Disaster Relief and Emergency Assistance ticipate in a community-wide partner- came interested in developing crime Act to authorize a predisaster mitigation October 1, 1998 CONGRESSIONAL RECORD — SENATE S11295 program and make changes to the existing Justice. The bill also would raise offsetting and Family Grant (IFG) programs into one disaster relief program. receipts by an estimated $3 million each program, and would eliminate the commu- S. 2361 would emphasize predisaster miti- year, but that increase would be matched by nity disaster loan program, a program that gation in order to reduce the long-run costs higher spending because the Federal Emer- assists any local government that has suf- of disasters. If the authorized funding for gency Management Agency (FEMA) would be fered a substantial loss of tax revenues as a mitigation efforts is provided and used judi- allowed to spend those receipts without ap- result of a major disaster. ciously, enactment of this bill could lead to propriation action. Finally, title II would authorize the Presi- substantial savings to the federal govern- S. 2361 contains no intergovernmental or dent to provide assistance to any local gov- ment by reducing the need for future disas- private-sector mandates as defined in the ernment that helps to suppress a fire that ter relief funds. CBO cannot estimate the Unfunded Mandates Reform Act (UMRA) and threatens the destruction of public or pri- magnitude of such savings because we can- would significantly benefit the budgets of vate forests and grasslands. not predict either the frequency or incidence state, local, and tribal governments. of major natural disasters. Title III would expand the definition of DESCRIPTION OF THE BILL’S MAJOR PROVISIONS The bill would authorize the appropriation public safety officer to include permanent of $175 million ($35 million a year) over fiscal Title I would establish a program to pro- employees of FEMA and employees of state years 1998 through 2002 for a predisaster vide financial assistance to state and local or local emergency management agencies mitigation program. In addition to these governments for predisaster mitigation ac- whose duties are determined to be hazardous specified authorizations, other provisions in tivities. The predisaster mitigation program and related to a major disaster. As a result, S. 2361 would result in changes in discre- would expire on October 1, 2003. S. 2361 would more employees would be eligible for death, tionary spending, assuming appropriation of require the President to transmit a report to disability, and education benefits. the necessary amounts. In total, CBO esti- the Congress that would evaluate efforts to ESTIMATED COST TO THE FEDERAL GOVERNMENT mates that implementing S. 2361 would re- implement the predisaster hazard mitigation quire net new appropriations of $585 million programs and recommend a process for CBO estimates that implementing S. 2361 over the 1999–2003 period: $140 million from transferring greater authority over the pro- would result in additional discretionary out- the amounts specified in the bill ($175 mil- gram to states. lays of $582 million over the 1999–2003 period lion minus the 1998 authorization of $35 mil- Title I also would remove a yearly cap of ($137 million from authorizations specified in lion) and $445 million from other provisions. $50,000 per state on the grants that the Presi- the bill and $445 million from other provi- That spending may be offset by savings in dent makes for improving and maintaining sions). These costs are likely to be at least regular and emergency appropriations for disaster assistance plans and would increase partially offset by future savings resulting disaster relief, but CBO cannot estimate the the maximum federal contribution for miti- from predisaster mitigation efforts, but CBO timing or precise amounts of the potential gation costs from 15 percent to 20 percent. cannot estimate the magnitude or timing of savings. Over the next 10 years, such savings Title II would combine any expenses not such savings. S. 2361 would speed up spending could exceed the $140 million that the bill chargeable to a specific project into a single of certain existing funds and would thus af- would authorize for predisaster mitigation category called management costs. It would fect direct spending. However, we estimate efforts over fiscal years 1999 through 2002. direct the President to establish standard no net change over the 1999–2003 period from S. 2361 also would affect direct spending by rates for reimbursing states for such costs. that timing shift. S. 2361 would also increase speeding up the disbursement of some exist- In addition, title II would reduce the fed- offsetting receipts and direct spending of ing disaster relief funds; therefore, pay-as- eral government’s share of costs for repair- such receipts by approximately $3 million you-go procedures would apply. CBO esti- ing damaged facilities from 90 percent to 75 each year from 1999 through 2003. mates that outlays from such funds would be percent, but would allow the President the The estimated budgetary impact of certain $230 million higher in 1999 than they would flexibility to make the contribution as much provisions in S. 2361 is shown in the follow- be under current law, but that there would as 90 percent if the President determines ing table. The table does not reflect some po- be no net change in direct spending from this that funds will be used for mitigation activi- tential savings and costs from provisions provision over the 1999–2003 period. S. 2361 ties. Title II would also allow the President that may affect discretionary spending but would affect direct spending in two other to use the estimated cost of repairing or re- for which CBO cannot estimate the likely ef- ways that would have no significant budg- placing a facility, rather than the actual fects. In particular, we cannot estimate the etary impact. It would expand the definition cost, to determine the level of assistance to potential savings in the costs of future disas- of public safety officer to include certain fed- provide. S. 2361 would establish an expert ter relief from the increased spending on eral and state emergency management per- panel to develop procedures for estimating predisaster mitigation activities that would sonnel, thereby increasing payments for the cost of repairing a facility. be authorized by S. 2361. The costs of this death benefits from the public safety officers Title II would combine the Temporary legislation fall within budget function 450 program administered by the Department of Housing Assistance (THA) and Individual (community and regional development). [By fiscal year, in millions of dollars]

1998 1999 2000 2001 2002 2003

SPENDING SUBJECT TO APPROPRIATION Spending for Disaster Relief Under Current Law: Budget Authority/Authorization Level 1 ...... 1,920 327 335 344 352 361 Estimated Outlays ...... 2,00 2,580 2,060 1,741 1,211 844 Proposed Changes: Specified Authorization for Predisaster Mitigation: Authorization Level ...... 0 35 35 35 35 0 Estimated Outlays ...... 0 18 32 35 35 17 Estimated Authorizations: Authorization Level ...... 0 197 62 62 62 62 Estimated Outlays ...... 0 197 62 62 62 62 Spending for Disaster Relief Under S. 2361: Estimated Authorization Level ...... 1,920 559 432 441 449 423 Estimated Outlays ...... 2,000 2,795 2,154 1,838 1,308 923 CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... 0 0 0 0 0 0 Estimated Outlays ...... 0 230 (2) ¥138 ¥92 (2) 1 The 1998 level is the amount appropriated for that year, including $1.6 billion for an emergency supplemental appropriation provided in Public Law 105–74. The remainder of the 1998 level is the regular appropriation of $320 million. The levels shown for 1999 through 2003 are CBO baseline projections assuming increases for anticipated inflation. Alternatively, if the comparison were made to a baseline without discretionary inflation, the current law authorization level would be $320 million each year, but the incremental cost of the bill would be the same. 2 Less than $500,000.

BASIS OF ESTIMATE the federal contribution for mitigation costs, CBO cannot estimate the discretionary ef- For the purposes of this estimate, CBO as- combine the Individual Family Grant pro- fects of provisions that would: Achieve long- sumes that S. 2361 will be enacted near the gram and the Temporary Housing Assistance run savings associated with the predisaster beginning of fiscal year 1999, and that the program, remove a cap on grants for disaster mitigation efforts, encourage provision of fi- amounts authorized and estimated to be nec- assistance plans, and increase certain dis- nancial assistance rather than provision of essary will be appropriated near the start of ability and education benefits by expanding housing units, establish standardized rates each fiscal year. the definition of public safety officers. for reimbursement of management costs, Spending Subject to Appropriation provide grants for the testing and applica- S. 2361 contains provisions that would re- CBO estimates savings associated with pro- tion of hazard identification technologies, sult in both costs and savings to the federal visions that would: Allow the President to government. CBO estimates costs associated use the estimated cost of repairs rather than establish a pilot program to determine the with provisions that would: Authorize appro- the actual cost, and eliminate the commu- desirability of state administration of parts priations for predisaster mitigation, increase nity disaster loan program. of the disaster relief program, and authorize S11296 CONGRESSIONAL RECORD — SENATE October 1, 1998 the President to provide fire suppression as- that FEMA could receive compensation for for use by the predisaster mitigation pro- sistance to local governments. overpayments or provide compensation for gram under this provision. Under S. 2361, Provisions with Estimated Costs. Under cur- underpayments. Savings from this provision CBO expects that those funds would be spent rent law, 15 percent of the estimated amount may be partially offset by the additional between 1999 and 2001, instead of between 2000 of grants made with respect to a major disas- costs of establishing an expert panel, esti- and 2002, as under current law. Outlays ter would be provided to the state for post- mating the cost of repairs with more preci- would increase by $230 million in 1999 and disaster mitigation activities. S. 2361 would sion, and evaluating the accuracy of esti- drop by an equal amount over fiscal years increase this percentage to 20 percent for all mates. CBO estimates that this provision 2001 and 2002. The net direct spending effect major disasters declared after March 1, 1997. would result in an overall 25 percent reduc- of this provision would be zero over the 1999– FEMA spent $332 million for post-disaster tion in administrative costs after accounting 2003 period. More funds, in addition to the es- mitigation from March 1, 1997, to August 31, for additional costs described above. timated $460 million, could become available 1998. If the contribution were raised by one- Based on data provided by FEMA, CBO es- in the future for shifts to predisaster mitiga- third, the federal government would make an timates that eliminating the community dis- tion activity, but we cannot estimate the additional $111 million in grants for its share aster loan program would result in savings of likely amount. Finally, this provision could of mitigation activities during this period. approximately $23 million each year from lead to an increase in future appropriations To assess future costs, CBO based its projec- 1999 through 2003. to replenish the disaster relief fund’s re- tion on the average annual amount of such Provisions with Effects CBO Cannot Estimate. sources for post-disaster mitigation, but the expenses over the last five calendar years— The potential budgetary effects of various magnitude and timing of any such effect is $313 million. Using that five-year average, provisions of S. 2361 are uncertain because uncertain. the rate increase from 15 percent to 20 per- they depend upon the extent and nature of In addition, the bill would change the defi- cent would require increased funding for the future disasters, the manner in which the nition of public safety officer to include per- federal contribution of $104 million a year Administration would implement certain manent employees of FEMA and employees over the next several years. In total, CBO es- provisions, and the extent to which states of a state or local emergency management timates that implementing this provision would participate in certain programs. agency whose duties are determined to be would require the appropriation of $655 mil- CBO cannot estimate the potential savings hazardous and related to a major disaster or lion over the 1999–2003 period: $135 million for associated with the predisaster mitigation emergency. CBO estimates that any change the 1997–1998 period and $520 million for the efforts proposed in this bill. Mitigation ef- in direct spending would be less than $500,000 1999–2003 period. This estimate assumes that forts could achieve substantial savings if a year because the number of additional the funds to pay for the provision would damages from future disasters are lessened beneficiaries is likely to be very small. come from future appropriations. as a result of the predisaster mitigation The bill would expand FEMA’s authority CBO estimates that combining the Individ- measures provided for in the bill. In addi- ual Family Grant program and the Tem- to sell temporary housing. Under the Bal- tion, S. 2361 would encourage the provision anced Budget Act of 1997, proceeds from non- porary Housing Assistance program would of financial assistance to disaster victims for result in additional costs of approximately routine asset sales may be counted as a re- rental of alternative housing accommoda- duction in direct spending for pay-as-you-go $40 million per year from 1999 through 2003. tions rather than directly providing housing Under current law, the federal share for the purposes only if such sales would entail no units. CBO expects that this provision would net financial cost to the government. CBO IFG program is 75 percent of the actual cost result in savings, but we cannot estimate the incurred. Combining the IFG and THA pro- estimates that the sale of temporary housing amount of the savings. Finally, S. 2361 also under S. 2361 would not result in a net cost grams would change the federal match to 100 would establish standardized reimbursement percent. to the government. Based on data provided rates that would reduce the administrative by FEMA detailing the sale of manufactured CBO estimates that the costs associated burden of compensating states for indirect with removing the yearly cap of $50,000 per homes and trailers, CBO estimates that this costs not chargeable to a specific project. provision would result in increased offsetting state on the grants that are made to states This provision is also likely to result in for improvement of disaster assistance plans receipts of approximately $3 million each some savings in FEMA’s administrative year. Because the agency could then spend would be about $1 million per year. FEMA costs, but CBO has no basis for estimating currently provides the maximum $50,000 the new receipts, without appropriation ac- the likely amount of such savings. tion, this provision would have no net effect grant to each state for disaster assistance In addition, S. 2361 would authorize grants on direct spending. planning. Under S. 2361, FEMA would no for 50 percent of the cost of testing new haz- longer be bound by the cap and might in- ard identification technologies (such as im- The provision relating to sales of tem- crease spending on state disaster assistance proved floodplain mapping technologies) and porary housing would direct the President to programs, although such spending is subject would establish a pilot program for the devo- deposit all receipts from such sales into the to appropriation. Additional spending on lution of certain responsibilities to the disaster relief fund, where they could be state disaster assistance plans could result states. At this time, CBO cannot estimate spent without further appropriation. Under in future savings if improving these disaster the costs associated with these provisions, or current law, any receipts obtained are depos- plans reduces FEMA’s long-run costs. any potential savings that might later ac- ited into the general fund of the Treasury S. 2361 would make certain federal and crue from implementing them. (and thus are not available for spending). state emergency management employees eli- Finally, based on information from FEMA, This change would result in increased direct gible for disability and education benefits. CBO estimates that the provision authoriz- spending related to sales that would occur Enacting the legislation could increase pay- ing the President to provide additional as- under current law. But based on information ments of these benefits, assuming appropria- sistance to local governments for fire sup- from FEMA, CBO estimates that any such ef- tion of any necessary amounts. CBO esti- pression would probably have no significant fect would be insignificant because receipts mates that the effect on discretionary spend- net budgetary impact. Additional costs for from sales under existing authority are ex- ing would be less than $500,000 a year because providing this assistance are likely to be at pected to be negligible. the number of additional people qualifying least partially offset by administrative sav- PAY-AS-YOU-GO CONSIDERATIONS for these benefits would likely be very small. ings; but CBO cannot estimate the precise Provisions with Estimated Savings. CBO esti- The Balanced Budget and Emergency Defi- net effect of this provision. mates that allowing the President to use the cit Control Act sets up pay-as-you-go proce- estimated cost of repairing a facility, rather Direct Spending dures for legislation affecting direct spend- than the actual cost, to determine the level Enacting S. 2361 would affect direct spend- ing or receipts. The net changes in outlays of assistance to provide would result in sav- ing by speeding up the disbursement of funds that are subject to pay-as-you-go procedures ings of approximately $56 million per year. that have already been appropriated for post- are shown in the following table. The use of According to FEMA, reliance on the esti- disaster mitigation under section 404 of the existing unexpended balances for predisaster mated cost rather than the actual cost of re- Robert T. Stafford Disaster Relief and Emer- mitigation will increase outlays in 1999, but pair would reduce the administrative burden gency Assistance Act. The bill would allow have no net impact over the next five years. on the agency. S. 2361 would also establish an the President to use such funds for the CBO estimates that other effects on direct expert panel, including representatives from predisaster mitigation program if the funds spending would be less than $500,000 a year. the construction industry, to develop proce- are not obligated within 30 months after the (Enacting the bill would not affect govern- dures for estimating the cost of repairing a declaration of the disaster for which they mental receipts.) For the purposes of enforc- facility. If the actual costs of repair are were provided. Based on information from ing pay-as-you-go procedures, only the ef- greater than 120 percent or less than 80 per- FEMA, CBO estimates that currently ap- fects in the current year, the budget year, cent of the estimated costs, CBO assumes proximately $460 million would be eligible and the succeeding four years are counted. [By fiscal year, in millions of dollars]

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Changes in outlays ...... 0 230 0 ¥138 ¥92 0 0 0 0 0 0 Changes in receipts ...... Not applicable October 1, 1998 CONGRESSIONAL RECORD — SENATE S11297

ESTIMATED IMPACT ON STATE, LOCAL, AND S. 2540 (3) striking paragraph (10) and redesignating TRIBAL GOVERNMENTS Be it enacted by the Senate and House of Rep- paragraphs (11) through (27) as paragraphs (10) S. 2361 contains no intergovernmental resentatives of the United States of America in through (26); mandates as defined in UMRA and would sig- Congress assembled, (4) striking ‘‘in an unfinished or semifinished nificantly benefit the budgets of state, local, SECTION 1. EXTENSION OF DATE FOR DEVELOP- state that require special handling moving in lot and tribal governments. The bill would au- MENT OF AUTOMATED ENTRY-EXIT sizes too large for a container,’’ in paragraph thorize $175 million over the next five years CONTROL SYSTEM. (10), as redesignated; to assist in predisaster mitigation projects, Section 110 of division C of Public Law 104– (5) striking ‘‘paper board in rolls, and paper and the percentage of funds available for 208 is amended by striking ‘‘2 years after the in rolls.’’ in paragraph (10) as redesignated and post-disaster mitigation activities would be date of enactment of this Act’’ and inserting inserting ‘‘paper and paper board in rolls or in increased. The 25 percent state matching re- ‘‘October 15, 1999. pallet or skid-sized sheets.’’; quirements for individual and family grants f (6) striking ‘‘conference, other than a service and certain housing assistance would no contract or contract based upon time-volume longer be required, reducing the burden on ORDER FOR STAR PRINT—S. 1637 rates,’’ in paragraph (13) as redesignated and states by an estimated $40 million per year. inserting ‘‘agreement’’; The bill would also amend the definition of Mrs. HUTCHISON. Mr. President, I (7) striking ‘‘conference.’’ in paragraph (13) public facilities to exclude public golf ask unanimous consent that S. 1637 be as redesignated and inserting ‘‘agreement and courses, making them no longer eligible for star printed with the changes that are the contract provides for a deferred rebate ar- funding under the Stafford Act. In addition, at the desk. rangement.’’; states or local governments which take The PRESIDING OFFICER. Without (8) by striking ‘‘carrier.’’ in paragraph (14) as longer than three years after declaration of objection, it is so ordered. redesignated and inserting ‘‘carrier, or in con- a major disaster to file a claim for assistance nection with a common carrier and a water car- would be subject to a potential reduction in f rier subject to subchapter II of chapter 135 of the federal government’s share of their OCEAN SHIPPING REFORM ACT OF title 49, United States Code.’’; claim. (9) striking paragraph (16) as redesignated 1998 ESTIMATED IMPACT ON THE PRIVATE SECTOR and redesignating paragraphs (17) through (26) The bill would impose no new private-sec- Mrs. HUTCHISON. Mr. President, I as redesignated as paragraphs (16) through (25), tor mandates as defined in UMRA. ask the Chair lay before the Senate a respectively; PREVIOUS CBO ESTIMATE message from the House of Representa- (10) striking paragraph (17), as redesignated, and inserting the following: On August 5, 1998, CBO prepared a cost es- tives on the bill (S. 414) to amend the ‘‘(17) ‘ocean transportation intermediary’ timate for H.R. 3869, the Disaster Mitigation Shipping Act of 1984 to encourage com- means an ocean freight forwarder or a non-ves- Act of 1998, as ordered reported by the House petition in international shipping and sel-operating common carrier. For purposes of Committee on Transportation and Infra- growth of United States exports, and this paragraph, the term— structure on June 25, 1998. H.R. 3869 differs for other purposes. ‘‘(A) ‘ocean freight forwarder’ means a person from S. 2361 in that it would provide higher The PRESIDING OFFICER laid be- authorization levels for the predisaster miti- that— gation program and would add new restric- fore the Senate the following message ‘‘(i) in the United States, dispatches ship- tions to the funds that a private nonprofit from the House of Representatives: ments from the United States via a common car- facility could receive for repair and replace- Resolved, That the bill from the Senate (S. rier and books or otherwise arranges space for ment of damaged facilities. H.R. 3869 does 414) entitled ‘‘An Act to amend the Shipping those shipments on behalf of shippers; and not contain provisions that would affect fire Act of 1984 to encourage competition in ‘‘(ii) processes the documentation or performs suppression assistance and public safety offi- international shipping and growth of United related activities incident to those shipments; cer benefits as S. 2361 does. Other differences States exports, and for other purposes’’, do and in the two bills do not affect the cost esti- pass with the following amendment: ‘‘(B) ‘non-vessel-operating common carrier’ mates. Strike out all after the enacting clause and means a common carrier that does not operate Estimate prepared by: Federal Costs: insert: the vessels by which the ocean transportation is provided, and is a shipper in its relationship Kristen Layman, Impact on State, Local, SECTION 1. SHORT TITLE. with an ocean common carrier.’’; and Tribal Governments: Lisa Cash Driskill. This Act may be cited as the ‘‘Ocean Shipping (11) striking paragraph (19), as redesignated Estimate approved by: Robert A. Sunshine, Reform Act of 1998’’. Deputy Assistant Director for Budget Analy- and inserting the following: SEC. 2. EFFECTIVE DATE. sis.∑ ‘‘(19) ‘service contract’ means a written con- Except as otherwise expressly provided in this f tract, other than a bill of lading or a receipt, be- Act, this Act and the amendments made by this tween one or more shippers and an individual EXTENDING THE DATE BY WHICH Act take effect May 1, 1999. ocean common carrier or an agreement between AN AUTOMATED ENTRY-EXIT TITLE I—AMENDMENTS TO THE SHIPPING or among ocean common carriers in which the CONTROL SYSTEM MUST BE DE- ACT OF 1984 shipper or shippers makes a commitment to pro- VELOPED SEC. 101. PURPOSE. vide a certain volume or portion of cargo over a Section 2 of the Shipping Act of 1984 (46 fixed time period, and the ocean common carrier Mrs. HUTCHISON. Mr. President, I or the agreement commits to a certain rate or ask unanimous consent that the Sen- U.S.C. App. 1701) is amended by— (1) striking ‘‘and’’ after the semicolon in para- rate schedule and a defined service level, such ate now proceed to the consideration of graph (2); as assured space, transit time, port rotation, or S. 2540, introduced earlier today by (2) striking ‘‘needs.’’ in paragraph (3) and in- similar service features. The contract may also Senators ABRAHAM and KENNEDY. serting ‘‘needs; and’’; specify provisions in the event of nonperform- The PRESIDING OFFICER. The (3) adding at the end thereof the following: ance on the part of any party.’’; and clerk will report. ‘‘(4) to promote the growth and development (12) striking paragraph (21), as redesignated, The legislative clerk read as follows: of United States exports through competitive and inserting the following: ‘‘(21) ‘shipper’ means— A bill (S. 2540) to extend the date by which and efficient ocean transportation and by plac- ‘‘(A) a cargo owner; an automated entry-exit control system ing a greater reliance on the marketplace.’’. ‘‘(B) the person for whose account the ocean must be developed. SEC. 102. DEFINITIONS. transportation is provided; The PRESIDING OFFICER. Is there Section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702) is amended by— ‘‘(C) the person to whom delivery is to be objection to the immediate consider- (1) striking ‘‘the government under whose reg- made; ation of the bill? istry the vessels of the carrier operate;’’ in para- ‘‘(D) a shippers’ association; or There being no objection, the Senate graph (8) and inserting ‘‘a government;’’; ‘‘(E) an ocean transportation intermediary, as proceeded to consider the bill. (2) striking paragraph (9) and inserting the defined in paragraph (17)(B) of this section, Mrs. HUTCHISON. I ask unanimous following: that accepts responsibility for payment of all consent the bill be read the third time ‘‘(9) ‘deferred rebate’ means a return by a charges applicable under the tariff or service and passed, the motion to reconsider be common carrier of any portion of freight money contract.’’. laid upon the table, and that any state- to a shipper as a consideration for that shipper SEC. 103. AGREEMENTS WITHIN THE SCOPE OF THE ACT. ments relating to the bill appear at giving all, or any portion, of its shipments to that or any other common carrier over a fixed (a) OCEAN COMMON CARRIERS.—Section 4(a) this point in the RECORD. period of time, the payment of which is deferred of the Shipping Act of 1984 (46 U.S.C. App. The PRESIDING OFFICER. Without beyond the completion of service for which it is 1703(a)) is amended by— objection, it is so ordered. paid, and is made only if the shipper has agreed (1) striking ‘‘operators or non-vessel-operating The bill (S. 2540) was read the third to make a further shipment or shipments with common carriers;’’ in paragraph (5) and insert- time and passed, as follows: that or any other common carrier.’’; ing ‘‘operators;’’; S11298 CONGRESSIONAL RECORD — SENATE October 1, 1998 (2) striking ‘‘and’’ in paragraph (6) and in- ‘‘(4) to any loyalty contract.’’. ‘‘(i) the movement of the shipper’s cargo on a serting ‘‘or’’; and SEC. 106. TARIFFS. dock area or within the port area or to or from (3) striking paragraph (7) and inserting the (a) IN GENERAL.—Section 8(a) of the Shipping railroad cars on a dock area or within the port following: Act of 1984 (46 U.S.C. App. 1707(a)) is amended area; ‘‘(7) discuss and agree on any matter related by— ‘‘(ii) the assignment of intraport carriage of to service contracts.’’. (1) inserting ‘‘new assembled motor vehicles,’’ the shipper’s cargo between areas on a dock or (b) MARINE TERMINAL OPERATORS.—Section after ‘‘scrap,’’ in paragraph (1); within the port area; 4(b) of that Act (46 U.S.C. App. 1703(b)) is (2) striking ‘‘file with the Commission, and’’ ‘‘(iii) the assignment of the carriage of the amended by— in paragraph (1); shipper’s cargo between a container yard on a (1) striking ‘‘(to the extent the agreements in- (3) striking ‘‘inspection,’’ in paragraph (1) dock area or within the port area and a rail volve ocean transportation in the foreign com- and inserting ‘‘inspection in an automated tariff yard adjacent to such container yard; and merce of the United States)’’; system,’’; ‘‘(iv) the assignment of container freight sta- (2) striking ‘‘and’’ in paragraph (1) and in- (4) striking ‘‘tariff filings’’ in paragraph (1) tion work and container maintenance and re- serting ‘‘or’’; and and inserting ‘‘tariffs’’; pair work performed at a dock area or within (3) striking ‘‘arrangements.’’ in paragraph (2) (5) striking ‘‘freight forwarder’’ in paragraph the port area. and inserting ‘‘arrangements, to the extent that (1)(C) and inserting ‘‘transportation inter- ‘‘(B) The common carrier shall provide the in- such agreements involve ocean transportation in mediary, as defined in section 3(17)(A),’’; formation described in subparagraph (A) of this the foreign commerce of the United States.’’. (6) striking ‘‘and’’ at the end of paragraph paragraph to the requesting labor organization SEC. 104. AGREEMENTS. (1)(D); within a reasonable period of time. (a) IN GENERAL.—Section 5 of the Shipping (7) striking ‘‘loyalty contract,’’ in paragraph ‘‘(C) This paragraph requires the disclosure of Act of 1984 (46 U.S.C. App. 1704) is amended (1)(E); information by an ocean common carrier only if by— (8) striking ‘‘agreement.’’ in paragraph (1)(E) there exists an applicable and otherwise lawful (1) striking subsection (b)(8) and inserting the and inserting ‘‘agreement; and’’; collective bargaining agreement which pertains following: (9) adding at the end of paragraph (1) the fol- to that carrier. No disclosure made by an ocean ‘‘(8) provide that any member of the con- lowing: common carrier shall be deemed to be an admis- ference may take independent action on any ‘‘(F) include copies of any loyalty contract, sion or agreement that any work is covered by rate or service item upon not more than 5 cal- omitting the shipper’s name.’’; and a collective bargaining agreement. Any dispute endar days’ notice to the conference and that, (10) striking paragraph (2) and inserting the regarding whether any work is covered by a col- except for exempt commodities not published in following: lective bargaining agreement and the respon- the conference tariff, the conference will include ‘‘(2) Tariffs shall be made available electroni- sibility of the ocean common carrier under such the new rate or service item in its tariff for use cally to any person, without time, quantity, or agreement shall be resolved solely in accordance by that member, effective no later than 5 cal- other limitation, through appropriate access with the dispute resolution procedures con- endar days after receipt of the notice, and by from remote locations, and a reasonable charge tained in the collective bargaining agreement any other member that notifies the conference may be assessed for such access. No charge may and the National Labor Relations Act, and that it elects to adopt the independent rate or be assessed a Federal agency for such access.’’. without reference to this paragraph. service item on or after its effective date, in lieu (b) SERVICE CONTRACTS.—Subsection (c) of ‘‘(D) Nothing in this paragraph shall have of the existing conference tariff provision for that section is amended to read as follows: any effect on the lawfulness or unlawfulness that rate or service item; ‘‘(c) SERVICE CONTRACTS.— under this Act, the National Labor Relations (2) redesignating subsections (c) through (e) ‘‘(1) IN GENERAL.—An individual ocean com- Act, the Taft-Hartley Act, the Federal Trade as subsections (d) through (f); and mon carrier or an agreement between or among Commission Act, the antitrust laws, or any (3) inserting after subsection (b) the following: ocean common carriers may enter into a service other Federal or State law, or any revisions or ‘‘(c) OCEAN COMMON CARRIER AGREEMENTS.— contract with one or more shippers subject to amendments thereto, of any collective bargain- An ocean common carrier agreement may not— the requirements of this Act. The exclusive rem- ing agreement or element thereof, including any ‘‘(1) prohibit or restrict a member or members edy for a breach of a contract entered into element that constitutes an essential term of a of the agreement from engaging in negotiations under this subsection shall be an action in an service contract under this subsection. for service contracts with 1 or more shippers; appropriate court, unless the parties otherwise ‘‘(E) For purposes of this paragraph the terms ‘‘(2) require a member or members of the agree. In no case may the contract dispute reso- ‘dock area’ and ‘within the port area’ shall agreement to disclose a negotiation on a service lution forum be controlled by or in any way af- have the same meaning and scope as in the ap- contract, or the terms and conditions of a serv- filiated with a controlled carrier as defined in plicable collective bargaining agreement between ice contract, other than those terms or condi- section 3(8) of this Act, or by the government the requesting labor organization and the car- tions required to be published under section which owns or controls the carrier. rier.’’. 8(c)(3) of this Act; or ‘‘(2) FILING REQUIREMENTS.—Except for serv- (c) RATES.—Subsection (d) of that section is ‘‘(3) adopt mandatory rules or requirements ice contracts dealing with bulk cargo, forest amended by— affecting the right of an agreement member or products, recycled metal scrap, new assembled (1) striking the subsection caption and insert- agreement members to negotiate and enter into motor vehicles, waste paper, or paper waste, ing ‘‘(d) TARIFF RATES.—’’; service contracts. each contract entered into under this subsection (2) striking ‘‘30 days after filing with the Com- An agreement may provide authority to adopt by an individual ocean common carrier or an mission.’’ in the first sentence and inserting ‘‘30 voluntary guidelines relating to the terms and agreement shall be filed confidentially with the calendar days after publication.’’; procedures of an agreement member’s or agree- Commission. Each service contract shall include (3) inserting ‘‘calendar’’ after ‘‘30’’ in the next ment members’ service contracts if the guidelines the following essential terms— sentence; and explicitly state the right of members of the ‘‘(A) the origin and destination port ranges; (4) striking ‘‘publication and filing with the agreement not to follow the guidelines. These ‘‘(B) the origin and destination geographic Commission.’’ in the last sentence and inserting guidelines shall be confidentially submitted to areas in the case of through intermodal move- ‘‘publication.’’. the Commission.’’. ments; (d) REFUNDS.—Subsection (e) of that section is (b) APPLICATION.— ‘‘(C) the commodity or commodities involved; amended by— (1) Subsection (e) of section 5 of that Act, as ‘‘(D) the minimum volume or portion; (1) striking ‘‘tariff of a clerical or administra- redesignated, is amended by striking ‘‘this Act, ‘‘(E) the line-haul rate; tive nature or an error due to inadvertence’’ in the Shipping Act, 1916, and the Intercoastal ‘‘(F) the duration; paragraph (1) and inserting a comma; and Shipping Act, 1933, do’’ and inserting ‘‘this Act ‘‘(G) service commitments; and (2) striking ‘‘file a new tariff,’’ in paragraph does’’; and ‘‘(H) the liquidated damages for nonperform- (1) and inserting ‘‘publish a new tariff, or an (2) Subsection (f) of section 5 of that Act, as ance, if any. error in quoting a tariff,’’; redesignated, is amended by— ‘‘(3) PUBLICATION OF CERTAIN TERMS.—When (3) striking ‘‘refund, filed a new tariff with (A) striking ‘‘and the Shipping Act, 1916, do’’ a service contract is filed confidentially with the the Commission’’ in paragraph (2) and inserting and inserting ‘‘does’’; Commission, a concise statement of the essential ‘‘refund for an error in a tariff or a failure to (B) striking ‘‘or the Shipping Act, 1916,’’; and terms described in paragraphs 2 (A), (C), (D), publish a tariff, published a new tariff’’; (C) inserting ‘‘or are essential terms of a serv- and (F) shall be published and made available (4) inserting ‘‘and’’ at the end of paragraph ice contract’’ after ‘‘tariff’’. to the general public in tariff format. (2); and SEC. 105. EXEMPTION FROM ANTITRUST LAWS. ‘‘(4) DISCLOSURE OF CERTAIN TERMS.— (5) striking paragraph (3) and redesignating Section 7 of the Shipping Act of 1984 (46 ‘‘(A) An ocean common carrier, which is a paragraph (4) as paragraph (3). U.S.C. App. 1706) is amended by— party to or is subject to the provisions of a col- (e) MARINE TERMINAL OPERATOR SCHED- (1) inserting ‘‘or publication’’ in paragraph lective bargaining agreement with a labor orga- ULES.—Subsection (f) of that section is amended (2) of subsection (a) after ‘‘filing’’; nization, shall, in response to a written request to read as follows: (2) striking ‘‘or’’ at the end of subsection by such labor organization, state whether it is ‘‘(f) MARINE TERMINAL OPERATOR SCHED- (b)(2); responsible for the following work at dock areas ULES.—A marine terminal operator may make (3) striking ‘‘States.’’ at the end of subsection and within port areas in the United States with available to the public, subject to section 10(d) (b)(3) and inserting ‘‘States; or’’; and respect to cargo transportation under a service of this Act, a schedule of rates, regulations, and (4) adding at the end of subsection (b) the fol- contract described in paragraph (1) of this sub- practices, including limitations of liability for lowing: section— cargo loss or damage, pertaining to receiving, October 1, 1998 CONGRESSIONAL RECORD — SENATE S11299 delivering, handling, or storing property at its (16) striking ‘‘disapproval’’ in subsection (e) unless such negotiations and any resulting marine terminal. Any such schedule made avail- and inserting ‘‘prohibition’’; agreements are not in violation of the antitrust able to the public shall be enforceable by an ap- (17) inserting ‘‘or’’ after the semicolon in sub- laws and are consistent with the purposes of propriate court as an implied contract without section (f)(1); this Act’’; proof of actual knowledge of its provisions.’’. (18) striking paragraphs (2), (3), and (4) of (2) striking ‘‘freight forwarder’’ in paragraph (f) AUTOMATED TARIFF SYSTEM REQUIRE- subsection (f); and (5) and inserting ‘‘transportation intermediary, MENTS; FORM.—Section 8 of that Act is amended (19) redesignating paragraph (5) of subsection as defined by section 3(17)(A) of this Act,’’; by adding at the end the following: (f) as paragraph (2). (3) striking ‘‘or’’ at the end of paragraph (5); ‘‘(g) REGULATIONS.—The Commission shall by SEC. 109. PROHIBITED ACTS. (4) striking ‘‘contract.’’ in paragraph (6) and regulation prescribe the requirements for the ac- (a) Section 10(b) of the Shipping Act of 1984 inserting ‘‘contract;’’; and cessibility and accuracy of automated tariff sys- (46 U.S.C. App. 1709(b)) is amended by— (5) adding at the end the following: tems established under this section. The Com- (1) striking paragraphs (1) through (3); ‘‘(7) for service pursuant to a service contract, mission may, after periodic review, prohibit the (2) redesignating paragraph (4) as paragraph engage in any unjustly discriminatory practice use of any automated tariff system that fails to (1); in the matter of rates or charges with respect to meet the requirements established under this (3) inserting after paragraph (1), as redesig- any locality, port, or persons due to those per- section. The Commission may not require a com- nated, the following: sons’ status as shippers’ associations or ocean mon carrier to provide a remote terminal for ac- ‘‘(2) provide service in the liner trade that— transportation intermediaries; or cess under subsection (a)(2). The Commission ‘‘(A) is not in accordance with the rates, ‘‘(8) for service pursuant to a service contract, shall by regulation prescribe the form and man- charges, classifications, rules, and practices give any undue or unreasonable preference or ner in which marine terminal operator schedules contained in a tariff published or a service con- advantage or impose any undue or unreason- authorized by this section shall be published.’’. tract entered into under section 8 of this Act un- able prejudice or disadvantage with respect to SEC. 107. AUTOMATED TARIFF FILING AND IN- less excepted or exempted under section 8(a)(1) any locality, port, or persons due to those per- FORMATION SYSTEM. or 16 of this Act; or sons’ status as shippers’ associations or ocean Section 502 of the High Seas Driftnet Fisheries ‘‘(B) is under a tariff or service contract transportation intermediaries;’’. Enforcement Act (46 U.S.C. App. 1707a) is re- which has been suspended or prohibited by the (c) Section 10(d) of the Shipping Act of 1984 pealed. Commission under section 9 of this Act or the (46 U.S.C. App. 1709(d)) is amended by— SEC. 108. CONTROLLED CARRIERS. Foreign Shipping Practices Act of 1988 (46 (1) striking ‘‘freight forwarders,’’ and insert- Section 9 of the Shipping Act of 1984 (46 U.S.C. App. 1710a);’’; ing ‘‘transportation intermediaries,’’; U.S.C. App. 1708) is amended by— (4) redesignating paragraphs (5) and (6) as (2) striking ‘‘freight forwarder,’’ in paragraph (1) striking ‘‘service contracts filed with the paragraphs (3) and (4), respectively; (1) and inserting ‘‘transportation inter- Commission’’ in the first sentence of subsection (5) striking ‘‘except for service contracts,’’ in mediary,’’; (a) and inserting ‘‘service contracts, or charge paragraph (4), as redesignated, and inserting (3) striking ‘‘subsection (b)(11), (12), and (16)’’ or assess rates,’’; ‘‘for service pursuant to a tariff,’’; and inserting ‘‘subsections (b)(10) and (13)’’; (2) striking ‘‘or maintain’’ in the first sentence (6) striking ‘‘rates;’’ in paragraph (4)(A), as and of subsection (a) and inserting ‘‘maintain, or redesignated, and inserting ‘‘rates or charges;’’; (4) adding at the end thereof the following: enforce’’; (7) inserting after paragraph (4), as redesig- ‘‘(4) No marine terminal operator may give (3) striking ‘‘disapprove’’ in the third sentence nated, the following: any undue or unreasonable preference or ad- of subsection (a) and inserting ‘‘prohibit the ‘‘(5) for service pursuant to a service contract, vantage or impose any undue or unreasonable publication or use of’’; and engage in any unfair or unjustly discriminatory prejudice or disadvantage with respect to any (4) striking ‘‘filed by a controlled carrier that practice in the matter of rates or charges with person. have been rejected, suspended, or disapproved respect to any port;’’; ‘‘(5) The prohibition in subsection (b)(13) of by the Commission’’ in the last sentence of sub- (8) redesignating paragraphs (7) and (8) as this section applies to ocean transportation section (a) and inserting ‘‘that have been sus- paragraphs (6) and (7), respectively; intermediaries, as defined by section 3(17)(A) of pended or prohibited by the Commission’’; (9) striking paragraph (6) as redesignated and this Act.’’. (5) striking ‘‘may take into account appro- inserting the following: SEC. 110. COMPLAINTS, INVESTIGATIONS, RE- priate factors including, but not limited to, ‘‘(6) use a vessel or vessels in a particular PORTS, AND REPARATIONS. whether—’’ in subsection (b) and inserting trade for the purpose of excluding, preventing, Section 11(g) of the Shipping Act of 1984 (46 ‘‘shall take into account whether the rates or or reducing competition by driving another U.S.C. App. 1710(g)) is amended by— charges which have been published or assessed ocean common carrier out of that trade;’’; (1) striking ‘‘section 10(b)(5) or (7)’’ and in- or which would result from the pertinent classi- (10) striking paragraphs (9) through (13) and serting ‘‘section 10(b)(3) or (6)’’; and fications, rules, or regulations are below a level inserting the following: (2) striking ‘‘section 10(b)(6)(A) or (B)’’ and which is fully compensatory to the controlled ‘‘(8) for service pursuant to a tariff, give any inserting ‘‘section 10(b)(4)(A) or (B).’’. carrier based upon that carrier’s actual costs or undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice SEC. 111. FOREIGN SHIPPING PRACTICES ACT OF upon its constructive costs. For purposes of the 1988. or disadvantage; preceding sentence, the term ‘constructive costs’ Section 10002 of the Foreign Shipping Prac- ‘‘(9) for service pursuant to a service contract, means the costs of another carrier, other than a tices Act of 1988 (46 U.S.C. App. 1710a) is give any undue or unreasonable preference or controlled carrier, operating similar vessels and amended by— advantage or impose any undue or unreason- equipment in the same or a similar trade. The (1) striking ‘‘ ‘non-vessel-operating common able prejudice or disadvantage with respect to Commission may also take into account other carrier’,’’ in subsection (a)(1) and inserting any port; appropriate factors, including but not limited to, ‘‘ ‘ocean transportation intermediary’,’’; ‘‘(10) unreasonably refuse to deal or nego- whether—’’; (2) striking ‘‘forwarding and’’ in subsection tiate;’’; (6) striking paragraph (1) of subsection (b) (a)(4); (11) redesignating paragraphs (14), (15), and and redesignating paragraphs (2), (3), and (4) as (3) striking ‘‘non-vessel-operating common (16) as paragraphs (11), (12), and (13), respec- paragraphs (1), (2), and (3), respectively; carrier’’ in subsection (a)(4) and inserting (7) striking ‘‘filed’’ in paragraph (1) as redes- tively; (12) striking ‘‘a non-vessel-operating common ‘‘ocean transportation intermediary services ignated and inserting ‘‘published or assessed’’; and’’; (8) striking ‘‘filing with the Commission.’’ in carrier’’ in paragraphs (11) and (12) as redesig- nated and inserting ‘‘an ocean transportation (4) striking ‘‘freight forwarder,’’ in sub- subsection (c) and inserting ‘‘publication.’’; sections (c)(1) and (d)(1) and inserting ‘‘trans- (9) striking ‘‘DISAPPROVAL OF RATES.—’’ in intermediary’’; portation intermediary,’’; subsection (d) and inserting ‘‘PROHIBITION OF (13) striking ‘‘sections 8 and 23’’ in para- (5) striking ‘‘filed with the Commission,’’ in RATES.—Within 120 days after the receipt of in- graphs (11) and (12) as redesignated and insert- subsection (e)(1)(B) and inserting ‘‘and service formation requested by the Commission under ing ‘‘sections 8 and 19’’; contracts,’’; this section, the Commission shall determine (14) striking ‘‘or in which an ocean transpor- (6) inserting ‘‘and service contracts’’ after whether the rates, charges, classifications, tation intermediary is listed as an affiliate’’ in ‘‘tariffs’’ the second place it appears in sub- rules, or regulations of a controlled carrier may paragraph (12), as redesignated; section (e)(1)(B); and be unjust and unreasonable.’’; (15) striking ‘‘Act;’’ in paragraph (12), as re- (7) striking ‘‘(b)(5)’’ each place it appears in (10) striking ‘‘filed’’ in subsection (d) and in- designated, and inserting ‘‘Act, or with an affil- subsection (h) and inserting ‘‘(b)(6)’’. serting ‘‘published or assessed’’; iate of such ocean transportation inter- (11) striking ‘‘may issue’’ in subsection (d) mediary;’’ SEC. 112. PENALTIES. and inserting ‘‘shall issue’’; (16) striking ‘‘paragraph (16)’’ in the matter (a) Section 13(a) of the Shipping Act of 1984 (12) striking ‘‘disapproved.’’ in subsection (d) appearing after paragraph (13), as redesignated, (46 U.S.C. App. 1712(a)) is amended by adding and inserting ‘‘prohibited.’’; and inserting ‘‘paragraph (13)’’; and at the end thereof the following: ‘‘The amount (13) striking ‘‘60’’ in subsection (d) and insert- (17) inserting ‘‘the Commission,’’ after of any penalty imposed upon a common carrier ing ‘‘30’’; ‘‘United States,’’ in such matter. under this subsection shall constitute a lien (14) inserting ‘‘controlled’’ after ‘‘affected’’ in (b) Section 10(c) of the Shipping Act of 1984 upon the vessels operated by that common car- subsection (d); (46 U.S.C. App. 1709(c)) is amended by— rier and any such vessel may be libeled therefore (15) striking ‘‘file’’ in subsection (d) and in- (1) striking ‘‘non-ocean carriers’’ in para- in the district court of the United States for the serting ‘‘publish’’; graph (4) and inserting ‘‘non-ocean carriers, district in which it may be found.’’. S11300 CONGRESSIONAL RECORD — SENATE October 1, 1998 (b) Section 13(b) of the Shipping Act of 1984 ‘‘(2) A bond, insurance, or other surety ob- cable under a tariff and which are assessed (46 U.S.C. App. 1712(b)) is amended by— tained pursuant to this section— against the cargo on which the intermediary (1) striking ‘‘section 10(b)(1), (2), (3), (4), or ‘‘(A) shall be available to pay any order for services are provided.’’. (8)’’ in paragraph (1) and inserting ‘‘section reparation issued pursuant to section 11 or 14 of SEC. 117. CONTRACTS, AGREEMENTS, AND LI- 10(b)(1), (2), or (7)’’; this Act, or any penalty assessed pursuant to CENSES UNDER PRIOR SHIPPING (2) by redesignating paragraphs (4), (5), and section 13 of this Act; LEGISLATION. (6) as paragraphs (5), (6), and (7), respectively; ‘‘(B) may be available to pay any claim Section 20 of the Shipping Act of 1984 (46 (3) inserting before paragraph (5), as redesig- against an ocean transportation intermediary U.S.C. App. 1719) is amended by— nated, the following: arising from its transportation-related activities (1) striking subsection (d) and inserting the ‘‘(4) If the Commission finds, after notice and described in section 3(17) of this Act with the following: an opportunity for a hearing, that a common consent of the insured ocean transportation ‘‘(d) EFFECTS ON CERTAIN AGREEMENTS AND carrier has failed to supply information ordered intermediary and subject to review by the surety CONTRACTS.—All agreements, contracts, modi- to be produced or compelled by subpoena under company, or when the claim is deemed valid by fications, licenses, and exemptions previously section 12 of this Act, the Commission may re- the surety company after the ocean transpor- issued, approved, or effective under the Ship- quest that the Secretary of the Treasury refuse tation intermediary has failed to respond to ade- ping Act, 1916, or the Shipping Act of 1984, shall or revoke any clearance required for a vessel op- quate notice to address the validity of the claim; continue in force and effect as if issued or effec- erated by that common carrier. Upon request by and tive under this Act, as amended by the Ocean the Commission, the Secretary of the Treasury ‘‘(C) shall be available to pay any judgment Shipping Reform Act of 1998, and all new agree- shall, with respect to the vessel concerned, for damages against an ocean transportation ments, contracts, and modifications to existing, refuse or revoke any clearance required by sec- intermediary arising from its transportation-re- pending, or new contracts or agreements shall tion 4197 of the Revised Statutes of the United lated activities under section 3(17) of this Act, be considered under this Act, as amended by the States (46 U.S.C. App. 91).’’; and provided the claimant has first attempted to re- Ocean Shipping Reform Act of 1998.’’; (4) striking ‘‘paragraphs (1), (2), and (3)’’ in solve the claim pursuant to subparagraph (B) of (2) inserting the following at the end of sub- paragraph (6), as redesignated, and inserting this paragraph and the claim has not been re- section (e): ‘‘paragraphs (1), (2), (3), and (4)’’. solved within a reasonable period of time. ‘‘(3) The Ocean Shipping Reform Act of 1998 (c) Section 13(f)(1) of the Shipping Act of 1984 ‘‘(3) The Commission shall prescribe regula- shall not affect any suit— (46 U.S.C. App. 1712(f)(1)) is amended by— tions for the purpose of protecting the interests ‘‘(A) filed before the effective date of that Act; (1) striking ‘‘or (b)(4)’’ and inserting ‘‘or of claimants, ocean transportation inter- or (b)(2)’’; mediaries, and surety companies with respect to ‘‘(B) with respect to claims arising out of con- (2) striking ‘‘(b)(1), (4)’’ and inserting ‘‘(b)(1), the process of pursuing claims against ocean duct engaged in before the effective date of that (2)’’; and transportation intermediary bonds, insurance, Act filed within 1 year after the effective date of (3) adding at the end thereof the following or sureties through court judgments. The regu- that Act. ‘‘Neither the Commission nor any court shall lations shall provide that a judgment for mone- ‘‘(4) Regulations issued by the Federal Mari- order any person to pay the difference between tary damages may not be enforced except to the time Commission shall remain in force and effect the amount billed and agreed upon in writing extent that the damages claimed arise from the where not inconsistent with this Act, as amend- with a common carrier or its agent and the transportation-related activities of the insured ed by the Ocean Shipping Reform Act of 1998.’’. amount set fourth in any tariff or service con- ocean transportation intermediary, as defined SEC. 118. SURETY FOR NON-VESSEL-OPERATING tract by that common carrier for the transpor- by the Commission. COMMON CARRIERS. tation service provided.’’. ‘‘(4) An ocean transportation intermediary not Section 23 of the Shipping Act of 1984 (46 SEC. 113. REPORTS AND CERTIFICATES. domiciled in the United States shall designate a U.S.C. App. 1721) is repealed. resident agent in the United States for receipt of Section 15 of the Shipping Act of 1984 (46 TITLE II—AUTHORIZATION OF APPRO- service of judicial and administrative process, U.S.C. App. 1714) is amended by— PRIATIONS FOR THE FEDERAL MARI- including subpoenas.’’; (1) striking ‘‘and certificates’’ in the section TIME COMMISSION heading; (5) striking, each place such term appears— SEC. 201. AUTHORIZATION OF APPROPRIATIONS (2) striking ‘‘(a) REPORTS.—’’ in the sub- (A) ‘‘freight forwarder’’ and inserting ‘‘trans- FOR FISCAL YEAR 1998. section heading for subsection (a); and portation intermediary’’; There are authorized to be appropriated to the (3) striking subsection (b). (B) ‘‘a forwarder’s’’ and inserting ‘‘an Federal Maritime Commission, $15,000,000 for SEC. 114. EXEMPTIONS. intermediary’s’’; (C) ‘‘forwarder’’ and inserting ‘‘inter- fiscal year 1998. Section 16 of the Shipping Act of 1984 (46 mediary’’; and SEC. 202. FEDERAL MARITIME COMMISSION OR- U.S.C. App. 1715) is amended by striking ‘‘sub- (D) ‘‘forwarding’’ and inserting ‘‘inter- GANIZATION. stantially impair effective regulation by the mediary’’; Section 102(d) of Reorganization Plan No. 7 of Commission, be unjustly discriminatory, result (6) striking ‘‘a bond in accordance with sub- 1961 (75 Stat. 840) is amended to read as follows: in a substantial reduction in competition, or be section (a)(2).’’ in subsection (c), as redesig- ‘‘(d) A vacancy or vacancies in the member- detrimental to commerce.’’ and inserting ‘‘result nated, and inserting ‘‘a bond, proof of insur- ship of Commission shall not impair the power in substantial reduction in competition or be ance, or other surety in accordance with sub- of the Commission to execute its functions. The detrimental to commerce.’’. section (b)(1).’’; affirmative vote of a majority of the members SEC. 115. AGENCY REPORTS AND ADVISORY COM- (7) striking ‘‘FORWARDERS.—’’ in the caption serving on the Commission is required to dispose MISSION. of subsection (e), as redesignated, and inserting of any matter before the Commission.’’. Section 18 of the Shipping Act of 1984 (46 ‘‘INTERMEDIARIES.—’’; SEC. 203. REGULATIONS. U.S.C. App. 1717) is repealed. (8) striking ‘‘intermediary’’ the first place it Not later than March 1, 1999, the Federal SEC. 116. OCEAN FREIGHT FORWARDERS. appears in subsection (e)(1), as redesignated and Maritime Commission shall prescribe final regu- Section 19 of the Shipping Act of 1984 (46 as amended by paragraph (5)(A), and inserting lations to implement the changes made by this U.S.C. App. 1718) is amended by— ‘‘intermediary, as defined in section 3(17)(A) of Act. (1) striking ‘‘freight forwarders’’ in the section this Act,’’; caption and inserting ‘‘transportation inter- (9) striking ‘‘license’’ in paragraph (1) of sub- TITLE III—AMENDMENTS TO OTHER mediaries’’; section (e), as redesignated, and inserting ‘‘li- SHIPPING AND MARITIME LAWS (2) striking subsection (a) and inserting the cense, if required by subsection (a),’’; SEC. 301. AMENDMENTS TO SECTION 19 OF THE following: (10) striking paragraph (3) of subsection (e), MERCHANT MARINE ACT, 1920. ‘‘(a) LICENSE.—No person in the United States as redesignated, and redesignating paragraph (a) IN GENERAL.—Section 19 of the Merchant may act as an ocean transportation inter- (4) as paragraph (3); and Marine Act, 1920 (46 U.S.C. App. 876) is amend- mediary unless that person holds a license (11) adding at the end of subsection (e), as re- ed by— issued by the Commission. The Commission shall designated, the following: (1) striking ‘‘forwarding and’’ in subsection issue an intermediary’s license to any person ‘‘(4) No conference or group of 2 or more (1)(b); that the Commission determines to be qualified ocean common carriers in the foreign commerce (2) striking ‘‘non-vessel-operating common by experience and character to act as an ocean of the United States that is authorized to agree carrier operations,’’ in subsection (1)(b) and in- transportation intermediary.’’; upon the level of compensation paid to an ocean serting ‘‘ocean transportation intermediary (3) redesignating subsections (b), (c), and (d) transportation intermediary, as defined in sec- services and operations,’’; as subsections (c), (d), and (e), respectively; tion 3(17)(A) of this Act, may— (3) striking ‘‘methods or practices’’ and insert- (4) inserting after subsection (a) the following: ‘‘(A) deny to any member of the conference or ing ‘‘methods, pricing practices, or other prac- ‘‘(b) FINANCIAL RESPONSIBILITY.— group the right, upon notice of not more than 5 tices’’ in subsection (1)(b); ‘‘(1) No person may act as an ocean transpor- calendar days, to take independent action on (4) striking ‘‘tariffs of a common carrier’’ in tation intermediary unless that person furnishes any level of compensation paid to an ocean subsection 7(d) and inserting ‘‘tariffs and serv- a bond, proof of insurance, or other surety in a transportation intermediary, as so defined; or ice contracts of a common carrier’’; form and amount determined by the Commission ‘‘(B) agree to limit the payment of compensa- (5) striking ‘‘use the tariffs of conferences’’ in to insure financial responsibility that is issued tion to an ocean transportation intermediary, as subsections (7)(d) and (9)(b) and inserting ‘‘use by a surety company found acceptable by the so defined, to less than 1.25 percent of the ag- tariffs of conferences and service contracts of Secretary of the Treasury. gregate of all rates and charges which are appli- agreements’’; October 1, 1998 CONGRESSIONAL RECORD — SENATE S11301 (6) striking ‘‘tariffs filed with the Commis- conditioning of a fishing vessel under the au- fected by these reforms. This bill rep- sion’’ in subsection (9)(b) and inserting ‘‘tariffs thority of title XI of the Merchant Marine Act, resents the first major reform of this and service contracts’’; 1936 (46 U.S.C. App. 1271 et seq.) if the fishing critical industry in a decade, and the (7) striking ‘‘freight forwarder,’’ each place it vessel operator has been— most significant change to the underly- appears and inserting ‘‘transportation inter- (1) held liable or liable in rem for a civil pen- mediary,’’; and alty pursuant to section 308 of the Magnuson- ing statute since 1984. (8) striking ‘‘tariff’’ each place it appears in Stevens Fishery Conservation and Management Mr. President, I am proud to have subsection (11) and inserting ‘‘tariff or service Act (16 U.S.C. 1858) and not paid the penalty; worked with the distinguished Major- contract’’. (2) found guilty of an offense pursuant to sec- ity Leader and colleagues from both (b) STYLISTIC CONFORMITY.—Section 19 of the tion 309 of the Magnuson-Stevens Fishery Con- sides of the aisle to pass this important Merchant Marine Act, 1920 (46 U.S.C. App. 876), servation and Management Act (16 U.S.C. 1859) legislation. as amended by subsection (a), is further amend- and not paid the assessed fine or served the as- I would like to commend, in addition ed by— sessed sentence; to the Majority Leader, the ranking (1) redesignating subdivisions (1) through (12) (3) held liable for a civil or criminal penalty member of the full Commerce Commit- as subsections (a) through (l), respectively; pursuant to section 105 of the Marine Mammal tee, Senator HOLLINGS, the ranking (2) redesignating subdivisions (a), (b), and (c) Protection Act of 1972 (16 U.S.C. 1375) and not of subsection (a), as redesignated, as para- paid the assessed fine or served the assessed sen- member of the Surface Transportation graphs (1), (2), and (3); tence; or and Merchant Marine Subcommittee, (3) redesignating subdivisions (a) through (d) (4) held liable for a civil penalty by the Coast Senator INOUYE, and my colleague from of subsection (f), as redesignated, as paragraphs Guard pursuant to title 33 or 46, United States Louisiana, Senator BREAUX, for their (1) through (4), respectively; Code, and not paid the assessed fine. hard work in putting together mean- (4) redesignating subdivisions (a) through (e) Mrs. HUTCHISON. Mr. President, S. ingful legislation that we’re passing of subsection (g), as redesignated, as para- 414 is my bill that was passed by the today. graphs (1) through (5), respectively; Senate. It was passed by the House. It I am very pleased we have now (5) redesignating clauses (i) and (ii) of sub- worked this important bill out. I think section (g)(4), as redesignated, as subpara- is now back in the conference, and graphs (A) and (B), respectively; there will be an amendment. it will certainly help our economy. (6) redesignating subdivisions (a) through (e) American ports and carriers are dis- I ask unanimous consent the Senate of subsection (i), as redesignated, as paragraphs advantaged by current laws that re- concur in the amendment of the House. (1) through (5), respectively; quire all contracts to be public. To The PRESIDING OFFICER. Without (7) redesignating subdivisions (a) and (b) of avoid this, shippers who conveniently objection, it is so ordered. subsection (j), as redesignated, as paragraphs Mr. LOTT. Mr. President, I rise to ac- can, will ship out of foreign ports in (1) and (2), respectively; knowledge today’s passage of the nearby Canada and Mexico to avoid (8) striking ‘‘subdivision (c) of paragraph (1)’’ Ocean Shipping Reform Act. This ac- this. U.S. ports are bypassed and the in subsection (c), as redesignated, and inserting tion sets America’s maritime industry U.S. carriers lose business because only ‘‘subsection (a)(3)’’; on the right course. It increases com- (9) striking ‘‘paragraph (2)’’ in subsection (c), U.S. companies have to reveal their petition for U.S. exporters by allowing as redesignated, and inserting ‘‘subsection (b)’’; ocean transportation costs. This per- America’s exporters to compete on a (10) striking ‘‘paragraph (1)(b)’’ each place it mits their foreign competition to un- level playing field with foreign enti- appears and inserting ‘‘subsection (a)(2)’’; dercut our shippers. (11) striking ‘‘subdivision (b),’’ in subsection ties. It has been fourteen years since Recent economic problems in Asia (g)(4), as redesignated, and inserting ‘‘para- Congress tackled comprehensive ocean graph (2),’’; will increase pressure in those coun- shipping reform for the commercial (12) striking ‘‘paragraph (9)(d)’’ in subsection tries to increase their exports. There- sector. Since most of the world’s com- (j)(1), as redesignated, and inserting ‘‘subsection fore, S. 414 will be even more important merce travels by sea, and the industry (i)(4)’’; and as our shippers meet the heightened has changed so much during that pe- (13) striking ‘‘paragraph (7)(d) or (9)(b)’’ in competitive challenge. subsection (k), as redesignated, and inserting riod, additional reform is long since S. 414 attempts to level the playing overdue. This legislation will update, ‘‘subsection (g)(4) or (i)(2)’’. field between U.S. companies which ex- SEC. 302. TECHNICAL CORRECTIONS. revise, and improve upon the Shipping port and their foreign competitors. Act of 1984. It ensures fairness for U.S. (a) PUBLIC LAW 89–777.—Sections 2 and 3 of This bill will encourage greater com- the Act of November 6, 1966 (46 U.S.C. App. 817d carriers and shippers by modernizing and 817e) are amended by striking ‘‘they in their petition among carriers. It will provide America’s ocean shipping regulatory discretion’’ each place it appears and inserting American exporters and importers with system. ‘‘it in its discretion’’. greater choice in obtaining ocean The Ocean Shipping Reform Act rep- (b) TARIFF ACT OF 1930.—Section 641(i) of the transportation services, and promote resents true compromise. This legisla- Tariff Act of 1930 (19 U.S.C. 1641) is repealed. more ocean shipping activity for our tive effort brought together many di- TITLE IV—CERTAIN LOAN GUARANTEES carriers and our ports. vergent interests—parties who often do AND COMMITMENTS In providing our shippers with this not agree with one another. As my col- SEC. 401. CERTAIN LOAN GUARANTEES AND COM- important reform, we have still at- leagues can attest to, achieving mutu- MITMENTS. tempted to preserve anti-discrimina- ally beneficial reform was not an easy (a) The Secretary of Transportation may not tion provisions in current law and the task. The process was difficult and issue a guarantee or commitment to guarantee a elements of our current ‘‘transparent’’ sometimes arduous. It was, however, a loan for the construction, reconstruction, or re- system that protect our ports, smaller conditioning of a liner vessel under the author- necessary and important legislative ity of title XI of the Merchant Marine Act, 1936 shippers and U.S. workers. This bill journey for our nation’s ocean shipping (46 U.S.C. App. 1271 et seq.) after the date of en- balances the need to have enough industry. In the end, all affected par- actment of this Act unless the Chairman of the transparency to assure fair pricing ties rolled-up their sleeves and worked Federal Maritime Commission certifies that the with contract privacy. hard to develop an equitable solution. operator of such vessel— Our shippers say they want more The result is a consensus bill that re- (1) has not been found by the Commission to flexibility in dealing with their ocean ceived the solid backing of all industry have violated section 19 of the Merchant Marine carriers, and the ability to go outside segments including U.S. shippers, Act, 1920 (46 U.S.C. App. 876), or the Foreign the traditional tariff system and con- Shipping Practices Act of 1988 (46 U.S.C. App. American and foreign ocean carriers, 1701a), within the previous 5 years; and ference structure. We’ve provided this ports nation-wide, and U.S. labor. The (2) has not been found by the Commission to needed confidentiality, but balanced it 105th Congress’ passage of this com- have committed a violation of the Shipping Act with protections for ports and U.S. promise measure represents a mile- of 1984 (46 U.S.C. App. 1701 et seq.), which in- dock workers who seek information on stone in maritime policy. Everyone in- volves unjust or unfair discriminatory treatment the movement of commodities to pro- volved can be proud of this significant or undue or unreasonable prejudice or dis- tect their competitive position. accomplishment. advantage with respect to a United States ship- Ninety-five percent of U.S. foreign I would like to take this opportunity per, ocean transportation intermediary, ocean commerce is transported via ocean to express my thanks to the many indi- common carrier, or port within the previous 5 years. shipping. Half of this trade, which is viduals from industry and labor who (b) The Secretary of Commerce may not issue carried by container liner vessels with participated in this endeavor. I also a guarantee or a commitment to guarantee a scheduled service and is regulated want to congratulate the many Sen- loan for the construction, reconstruction, or re- under the Shipping Act of 1984, is af- ators and staff who worked on this bill. S11302 CONGRESSIONAL RECORD — SENATE October 1, 1998 I particularly want to express my grat- Shipping Reform Act of 1998 makes tect the interests of the Department of itude to Senator MCCAIN, Senator KAY sense for American businesses and con- Defense, other Federal agencies, and BAILEY HUTCHISON and Senator GORTON sumers alike. It will help sustain a American taxpayers while reforming who worked diligently to deliver to the strong and vibrant American maritime the ocean liner transportation system U.S. shipping industry and to all Amer- industry—fostering economic growth in a manner that encourages greater icans real maritime reform. I also want and enhancing our national security competition. The Ocean Shipping Re- to recognize the efforts of Chairman for years to come. form Act of 1998 is a thoroughly crafted SHUSTER of the House Committee on Mr. MCCAIN. Mr. President, today I piece of legislation that required hard Transportation and Infrastructure who rise to praise the Senate for the final work by her and many others for more spearheaded this reform effort in the passage of S. 414, the Ocean Shipping than 3 years. It is a worthy accom- House of Representatives. Reform Act of 1998, and to clarify the plishment for the 106th Congress. Mr. President, the Ocean Shipping legislative history of the bill with the f Reform Act of 1998 focuses on the needs Senator from Texas, who authorized RECOGNIZING ACCOMPLISHMENTS of America’s small, medium, and large the bill. OF INSPECTORS GENERAL shippers, carriers, U.S. ports, and on On April 21, 1998, the Senate first our nation’s dock workers. It will en- adopted S. 414. In her statement pro- Mrs. HUTCHISON. Mr. President, I sure that the collective power of some viding legislative history for the bill, ask unanimous consent that the Sen- industry elements will not be allowed the Senator from Texas identified a ate proceed to the immediate consider- to abuse other industry segments. The need to resolve the requirement for ation of Senate Joint Resolution 58, in- bill provides protection for small ports Federal agencies, including those in troduced earlier today by Senators and small shippers through increased the Department of Defense, to ensure GLENN, THOMPSON, COLLINS, and others. The PRESIDING OFFICER. Without competition among shipping lines for U.S.-flag ocean common carrier com- objection, it is so ordered. export and import cargoes. It allows pliance with cargo preference law re- The clerk will report. shipping lines and their customers to quirements concerning shipping rates The legislative clerk read as follows: negotiate volume discount arrange- with the new confidential service con- A joint resolution (S.J. Res. 58) recognizing ments through the signing of confiden- tracting regime authorized by S. 414., the accomplishments of Inspectors General tial service contracts for transpor- At that time, my colleague encouraged since their creation in 1978 in preventing and tation services without first obtaining the Federal Maritime Commission to detecting waste, fraud, abuse and mis- the blessing of the shipping line con- work with other Federal agencies to management, and in promoting economy, ef- ferences. This legislation gives ship- address this concern. ficiency and effectiveness in the Federal pers greater ability to shop around for I’d like to ask the Senator from Government. the best rates and service from the car- Texas to clarify the ability of the FMC The PRESIDING OFFICER. Is there riers of their choice. Additionally, the to share confidential service contract objection to the immediate consider- bill continues current filing require- rate and service information with ation of the resolution? There being no objection, the Senate ments for service contracts to provide other Federal agencies to ensure that proceeded to consider the joint resolu- continued FMC oversight of common U.S.-flag shipping rates for preference tion. carrier activities. cargo shipments meet statutory re- (At the request of Mr. DASCHLE, the This legislation will retain common quirements. following statement was ordered to be carrier tariff publication and enforce- Mrs. HUTCHISON. Mr. President, I printed in the RECORD.) ment while eliminating the require- want to thank the distinguished Chair- ∑ Mr. GLENN. Mr. President, I rise ment to file tariffs with the govern- man of the Commerce Committee for today to introduce a joint resolution ment. Common carriers would be able raising this issue. The General Counsel commemorating the Inspector General to take advantage of available modern of the FMC, in a recent written re- Act in the year of its 20th anniversary. technology by using a World Wide Web sponse to an inquiry on this issue with The Governmental Affairs Committee, home page or an electronic bulletin respect to the Department of Defense, on which I serve as Ranking Minority board to satisfy the tariff publication stated: Member, has a long and bipartisan his- requirement. This just makes common I have no doubt that we will be able to de- tory with the IG community. In fact, I sense. It reduces the cost of doing busi- velop an intragovernmental system for pro- am very proud that I was an original ness while maintaining protections for viding the DOD with the pricing and service information it needs to effectively execute sponsor of the IG Act and author of the small shippers. The wide availability of 1988 amendments, both of which have competitive price and service informa- its mission, within the framework of S. 414. If we determine that technical legislative played a major role in making our gov- tion will make for a better informed corrections would aid this process, we will no ernment function more efficiently, ef- shipping consumer. doubt make such recommendations jointly. fectively, and with greater trust and The Ocean Shipping Reform Act of At this time, however, I do not believe that confidence on the part of the American 1998 does much to ensure that Ameri- any additional amendments to the bill are people. So, it is fitting that the Senate ca’s presence in the shipping industry necessary to meet your concerns for the De- and House note this anniversary. is not subjected to unfair foreign rules partment. Throughout government, IGs have or discriminatory practices. The FMC’s Mr. President, I want to make it had tremendous success. I note just enforcement actions taken against un- clear that the FMC is authorized to some of these accomplishments as fol- fair port practices in Japan illustrates share with another Federal agency lows, from the latest (1996) PCIE re- the essential and unique mission that service contract information that par- port: this agency performs. Even more re- ties of the service contract have le- Inspector General (IG) investigations led cently, issues concerning Brazil and gally decided to protect from public to $1.5 billion in ‘‘recoveries’’ in 1995. (This is China have come on their radar screen. disclosure in order to enable that Fed- money which has been recovered by the Gov- This is a function that will continue, a eral agency to ensure the compliance ernment from people who have attempted to mission that I wholeheartedly support. of U.S.-flag ocean common carriers defraud it). In addition, based on IG rec- This legislation will significantly with cargo preference law shipping rate ommendations, agency managers agreed to change the regulatory framework gov- cancel, or seek reimbursements of, $2.3 bil- requirements. Of course, that confiden- lion from contractors or grantees in 1995. erning ocean transportation. It in- tial service contract information would Also based on IG recommendations, man- creases shipper and carrier flexibility remain protected from disclosure to agers changed how they planned to spend and competitive options, ensures tariff the public consistent with the Shipping $10.4 billion to maximize return on the Fed- accuracy and fairness, produces gov- Act of 1984, as amended by the Ocean eral dollar. Overall, between 1981–1994, IG’s ernment efficiencies and provides genu- Shipping Reform Act of 1998, and other reported $340 billion in recoveries & funds ine reform to protect American inter- applicable Federal laws. put to better use from their efforts. In addition to IG work on program im- ests. These changes will strengthen the Mr. MCCAIN. Mr. President, I’d like provements, and the figures cited above, the ability of common carriers to market to thank my colleague from Texas for report compiles other important IG accom- their services and makes America’s clarifying this issue. Also, I’d like to plishments from FY 1995: $26.8 billion in rec- shippers more competitive. The Ocean complement her on her efforts to pro- ommendations that funds be put to better October 1, 1998 CONGRESSIONAL RECORD — SENATE S11303 use; $7.2 billion in questioned costs; 14,122 The joint resolution (S.J. Res. 58) The PRESIDING OFFICER. The successful prosecutions; 2,405 personnel ac- was passed. clerk will read the resolution for the tions; and 4,234 suspensions and debarments The preamble was agreed to. first time. of persons or firms doing business with the The joint resolution, with its pre- The legislative clerk read as follows: Government. amble, reads as follows: A joint resolution (S.J. Res. 59) to provide These facts suggest that IGs are S.J. RES. 58 for a Balanced Budget Constitutional doing the job we intended them to do, Whereas the Inspector General Act of 1978 Amendment that prohibits the use of Social in spite of the fact that they are oper- (5 U.S.C. App.) was signed into law on Octo- Security surpluses to achieve compliance. ating in a very difficult and more com- ber 12, 1978, with overwhelming bipartisan Mrs. HUTCHISON. I now ask for its plex environment. The data also sup- support; second reading, and I object to my own Whereas Inspectors General now exist in port the fact that the IG’s first respon- request. sibility continues to be program and the 27 largest executive agencies and in 30 other designated Federal entities; The PRESIDING OFFICER. The ob- fiscal integrity; they are not ‘‘tools’’ of Whereas Inspectors General serve the jection is heard. management. Even though, in this day American taxpayer by promoting economy, The resolution will be read the sec- and age, IGs need to make themselves efficiency, effectiveness and integrity in the ond time on the next legislative day. ‘‘relevant’’ to both Congress and the administration of the programs and oper- f agency, they first must help to make ations of the Federal Government; good programs work better, target Whereas Inspectors General conduct and COMMISSION ON THE ADVANCE- those most vulnerable to waste and supervise audits and investigations to both MENT OF WOMEN AND MINORI- fraud, and help achieve savings wher- prevent and detect waste, fraud and abuse in TIES IN SCIENCE, ENGINEERING, the programs and operations of the Federal ever they can find them. The record AND TECHNOLOGY DEVELOP- Government; MENT proves this is clearly what the IG’s Whereas Inspectors General make Congress have been about. and agency heads aware, through semiannual Mrs. HUTCHISON. Mr. President, I The progress I have mentioned is par- reports and other activities, of problems and ask unanimous consent that the Sen- ticularly important since, if anything, deficiencies relating to the administration of ate proceed to the immediate consider- the IG’s role has only become more dif- programs and operations of the Federal Gov- ation of H.R. 3007, which was received ficult in a new political culture dedi- ernment; from the House. cated to improving management. With Whereas Inspectors General work with Congress and agency heads to recommend The PRESIDING OFFICER. Without the passage of the CFO Act, the Gov- policies to promote economy and efficiency objection, it is so ordered. ernment Management Reform Act in the administration of, or preventing and The clerk will report. (GMRA), and the Government Perform- detecting waste, fraud and abuse in, the pro- A bill (H.R. 3007) to establish the Commis- ance and Results Act (GPRA), IGs have grams and operations of the Federal Govern- sion on the Advancement of Women and Mi- inherited some new authority and some ment; norities in Science, Engineering, and Tech- new duties. They now have some re- Whereas Inspectors General receive and in- nology Development. sponsibility to ensure that we have ac- vestigate information from Federal employ- The PRESIDING OFFICER. Is there curate, reliable, and complete financial ees and other dedicated citizens regarding objection to the immediate consider- the possible existence of an activity con- information on which to base our pol- stituting a violation of law, rules, or regula- ation of the bill? icy decisions and, down the road, which tions, or mismanagement, gross waste of There being no objection, the Senate measure how well each program funds, abuse of authority or a substantial proceeded to consider the bill. achieves its goal and at what actual and specific danger to public health and safe- Mrs. HUTCHISON. Mr. President, I cost. In that context, IGs have a unique ty; ask unanimous consent that the bill be role in helping to solve management Whereas Inspector General actions result considered read the third time, passed, problems throughout the federal gov- in, on a yearly basis, recommendations for the motion to reconsider be laid upon ernment. The test of their success in several billions of dollars to be spent more the table, and that any statements re- effectively; thousands of successful criminal this new mission is much like the one prosecutions; hundreds of millions of dollars lating to the bill be placed in the ap- applied to their old one and—as I have returned to the United States Treasury propriate place in the RECORD. indicated—the measure of their success through investigative recoveries; and the The PRESIDING OFFICER. Without is already evident. suspension and disbarment of thousands of objection, it is so ordered. As I approach my last months as a individuals or entities from doing business The bill (H.R. 3007) was considered United States Senator, I look back with the Government; read the third time, and passed. with great pride on the accomplish- Whereas for 20 years the Offices of Inspec- f ments we have made so far among the tors General have worked with Congress to facilitate the exercise of effective legislative MAKING TECHNICAL CORRECTIONS more than 60 statutory IGs. I am the oversight to improve the programs and oper- first one to admit that the IGs do not IN LAWS RELATING TO NATIVE ations of the Federal Government: Now, AMERICANS function perfectly. In fact, any govern- therefore, be it ment operation can always stand im- Resolved by the Senate and House of Rep- Mrs. HUTCHISON. Mr. President, I provement. But I strongly believe that resentatives of the United States of America in ask unanimous consent that the Sen- we now have in place a fair, effective, Congress assembled, That the Congress— ate proceed to the immediate consider- and useful—if partial—solution to some (1) recognizes the many accomplishments ation of H.R. 4068, which was received of the Offices of Inspectors General in pre- from the House. very serious management problems in venting and detecting waste, fraud, and government. To me, this represents a abuse in the Federal Government; The PRESIDING OFFICER. The singularly important success for the (2) commends the Offices of Inspectors clerk will report. Congress and the American people, and General and their employees for the dedica- The legislative clerk read as follows: one upon which I am hopeful we will tion and professionalism displayed in the A bill (H.R. 4068) to make certain technical continue to build into the 21st century performance of their duties; and corrections in laws relating to Native Ameri- and beyond. (3) reaffirms the role of Inspectors General cans, and for other purposes. I hope all Senators will join me in in promoting economy, efficiency and effec- The PRESIDING OFFICER. Is there tiveness in the administration of the pro- supporting this important resolution.∑ grams and operations of the Federal Govern- objection to the immediate consider- Mrs. HUTCHISON. I ask unanimous ment. ation of the bill? consent that the joint resolution be f There being no objection, the Senate read three times and passed, the pre- proceeded to consider the bill. amble be agreed to, the motion to re- MEASURE READ FOR THE FIRST Mrs. HUTCHISON. Mr. President, I consider be laid upon the table, and TIME—S.J. RES. 59 ask unanimous consent that the bill be that any statements relating thereto Mrs. HUTCHISON. Mr. President, I read the third time, and passed, the be printed in the RECORD as if read in understand that Senate Joint Resolu- motion to reconsider be laid upon the the appropriate place. tion 59 which was introduced by Sen- table, and that any statements relating The PRESIDING OFFICER. Without ator GRAMM of Texas is at the desk, to the bill be placed at the appropriate objection, it is so ordered. and I now ask for its first reading. place in the RECORD. S11304 CONGRESSIONAL RECORD — SENATE October 1, 1998 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mobiles are more affordable than ever. objection, it is so ordered. objection, it is so ordered. And students with college loans are The bill (H.R. 4068) was considered f finding the burden of their debt less- read the third time, and passed. ened as they graduate and enter the FIRST BALANCED BUDGET IN 30 workforce. f YEARS Businesses are benefitting as well. ORDERS FOR FRIDAY, OCTOBER 2, Mr. SESSIONS. Mr. President, I Lower interest rates mean more money 1998 would also like to offer remarks that I to invest in capital, and expanded cap- Mrs. HUTCHISON. Mr. President, I have prepared as we celebrate today ital means more jobs. The unemploy- ask unanimous consent that when the the first balanced budget in 30 years. I ment rate is at an historic low of 4.5 Senate completes its business today, it had occasion to be elected to the Sen- percent. The effects of this tight labor stand in adjournment until 9:30 a.m. on ate on a number of issues, but none market combined with such low inter- Friday, October 2. I further ask that more important than a commitment to est rates has meant returns to workers when the Senate reconvenes on Friday, work for that goal just 2 years ago. in the form of higher wages. Indeed, in- immediately following the prayer, the I remember when I first got here, come for the typical American house- Journal of the proceedings be approved, Secretary of Treasury Rubin was testi- hold rose at nearly twice the rate of in- no resolutions come over under the fying before the Judiciary Committee flation in 1997. rule, the call of the calendar be waived, on the question of whether we needed a There are many people that deserve the morning hour be deemed to have balanced budget constitutional amend- credit for this historic achievement, expired, the time for the two leaders be ment that would mandate that we bal- but none more than the American peo- reserved, and the Senate then begin ance the budget. He said we did not. He ple. It is the American people that cre- consideration of S. 442, the Internet said they had a plan that would bal- ated a mandate for a balanced budget Tax Bill, under the consent agreement ance the budget by 2002. by electing those of us to office who of September 30. I was new. I had been told that Sec- would make it their number one prior- The PRESIDING OFFICER. Without retary Rubin was quite a skillful wit- ity to put the country’s books in the objection, it is so ordered. ness and that I should be careful. I black. I am proud to be part of that said, ‘‘Mr. Secretary, that is a nice f mandate. It is a Republican Congress promise you made. But the truth is you who responded to this mandate by pro- ORDER FOR CLOTURE VOTE ON won’t be here in 2002 as Secretary of ducing a balanced budget and doing it MOTION TO PROCEED TO H.R. 10 the Treasury, will you?’’ Without hesi- ahead of schedule. If this responsibility tating, he said, ‘‘Well, I haven’t talked Mrs. HUTCHISON. Mr. President, I had been left to the President, today to the Vice President yet.’’ But I was ask unanimous consent that the clo- we would have a $196 billion deficit, left with a thought that, well, Presi- ture vote on the motion to proceed to which he called for in his 1996 budget. dent Clinton would not be here con- H.R. 10 occur at 5:30 p.m. Monday, Oc- But it is not enough to balance the stitutionally as President past his two tober 5. budget just once. Now that we have full terms, and that he could not make The PRESIDING OFFICER. Without achieved a balance, we need to main- a promise that we could balance the objection, it is so ordered. tain it. Interest rates don’t respond to budget long after he left office. what the deficit is today. They respond f So I just say that to say that less to what people think the deficit is than 2 years ago there was great doubt PROGRAM going to be in the future, and big hur- in our country and among our public dles remain before a future of balanced Mrs. HUTCHISON. Mr. President, for policy leaders that we would, in fact, budgets can be assured. Today, we the information of all Senators, when be able to balance the budget. begin a new fiscal year with a surplus the Senate reconvenes on Friday, the This Congress has stepped forward of $63 billion. Yet, hard choices regard- pending business will be the Internet and has made some tough decisions. It ing spending must still be made in Tax Bill. An agreement has been has worked with the administration. It order to preserve Social Security and reached on that bill allowing for rel- has put caps on spending that are hold- Medicare, as well as cut taxes in order evant amendments, with the addition ing. And we have now produced a bal- to keep the economy and families of a Bumpers amendment regarding anced budget amendment with maybe a strong. catalog sales. Rollcall votes are ex- $70 billion surplus. pected during Friday’s session on or in When I traveled across the state two It is a time to celebrate, and I think relation to amendments offered to the years ago during my campaign for the we should pause and be grateful. Internet bill, or possibly an executive Senate, I learned that foremost in the I thank the Chair. I yield the floor. nomination. In either case, the first minds of Alabamians regarding the fu- f rollcall vote on Friday’s session will ture of our country was the economic ADJOURNMENT UNTIL 9:30 A.M. occur by 10:30 a.m. legacy we as taxpayers were creating TOMORROW Members are reminded that a cloture for our children. At the time, that leg- motion was filed today on the motion acy meant budget deficits as far as the The PRESIDING OFFICER. Under to proceed to H.R. 10, the Financial eye could see. I believe that part of the the previous order, the Senate stands Services Bill. That vote will occur at reason why I was elected to the Senate adjourned. 5:30 p.m. on Monday, October 5. Also was because of my promise to change Whereupon, the Senate, at 6:58 p.m., during Monday’s session, the Senate that legacy by supporting a balanced adjourned until Friday, October 2, 1998, may consider any available appropria- budget, and to do so by cutting spend- at 9:30 a.m. tions conference reports, including the ing and eliminating fraud and abuse. f Agriculture, HUD, and Treasury/Postal Today, I am proud to witness as a bills. Therefore, further votes could Member of Congress, the first balanced NOMINATIONS occur following the 5:30 cloture vote. budget in thirty years. It is an historic Executive nominations received by f event much as Neil Armstrong’s first the Senate October 1, 1998: steps taken on the Moon in 1969—the NATIONAL CONSUMER COOPERATIVE BANK ORDER FOR ADJOURNMENT last year there was no budget deficit. HARRY J. BOWIE, OF MISSISSIPPI, TO BE A MEMBER OF Mrs. HUTCHISON. Mr. President, if As a result of this achievement, the THE BOARD OF DIRECTORS OF THE NATIONAL CON- there is no further business to come be- American taxpayer is enjoying histori- SUMER COOPERATIVE BANK FOR A TERM OF THREE fore the Senate, I now ask that the cally low interest rates on mortgages, YEARS, VICE TONY SCALLON, TERM EXPIRED. Senate stand in adjournment under the car loans, and students loans. Those SMALL BUSINESS ADMINISTRATION previous order, following the remarks who could only dream of buying a PHYLLIS K. FONG, OF MARYLAND, TO BE INSPECTOR GENERAL, SMALL BUSINESS ADMINISTRATION, VICE of Senator SESSIONS. home are becoming homeowners. Auto- JAMES F. HOOBLER. October 1, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1851 EXTENSIONS OF REMARKS

TRIBUTE TO MARK MCGWIRE was] putting a lot of smiles on people's faces.'' operated 32 working mines as Cooper Hewitt To be sure, Mark McGwire has been an inspi- and Co.Ðand were two of the most important HON. DAVID DREIER ration to all of us. He is the pride of the San industrialists who transformed our nation's OF CALIFORNIA Gabriel Valley. economy during the 19th Century. IN THE HOUSE OF REPRESENTATIVES f In 1855, Hewitt married Cooper's daughter and the couple made Ringwood Manor their Thursday, October 1, 1998 COMMEMORATING RINGWOOD country home. Between 1864 and 1879, they Mr. DREIER. Mr. Speaker, at a time when MANOR greatly expanded the house, bringing it to a America needed a distraction from Washing- total of 51 rooms. Included were 28 bedrooms, ton scandals, hurricanes, and global economic HON. MARGE ROUKEMA 24 fireplaces, 13 bathrooms and 250 windows. crises, St. Louis Cardinals first baseman Mark OF NEW JERSEY The Hewitts left the house to their children, McGwire lifted our spirits and made us forget IN THE HOUSE OF REPRESENTATIVES who donated it to the State of New Jersey in our troubles. For his achievements on and off 1936. The state opened the home to the pub- Thursday, October 1, 1998 the baseball field, Mark McGwire deserves our lic in 1939. praise and admiration. We all share in the Mrs. ROUKEMA. Mr. Speaker, I rise to call The present structures standing at pride felt by his parents, Dr. John and Ginger attention to Ringwood Manor, an historic home Ringwood Manor reflect the period from 1854 McGwire, who were long time residents of in Ringwood, New Jersey, that has come to to 1936, when the Hewitt family lived there. Claremont, California. be a symbol of the area's unique heritage and Among the many unusual features are gar- The people of California feel a special bond history. I would also like to offer my congratu- dens inspired by the grounds of the Palace of with this son of the San Gabriel Valley. Born lations to the Ringwood Women's Club and Versailles. in Pomona and raised in Claremont, McGwire the Friends of Ringwood Manor, two civic or- Ringwood Manor has been preserved and graduated from Damien High School where he ganizations that have helped preserve kept open to the public through the efforts of was recruited by the University of Southern Ringwood Manor and keep it open to the pub- two private civic organizations in addition to California as a pitcher. At USC, McGwire gave lic as an historic site. Their initiative and lead- the State of New JerseyÐthe Ringwood Wom- up pitching to become an everyday player. ership have made them role models for the en's Club and the Friends of Ringwood Manor. Like Babe Ruth, McGwire has become one of nation. Ringwood Manor is one of the many projects the most feared hitters in the major league. An elegant, 51-room mansion at the center undertaken by the Women's Club, which also This year, his 70 home runs shattered the 37- of a 33,000-acre estate in Passaic County, works closely with the Ringwood Public Li- year-old mark set by Roger Maris. McGwire Ringwood Manor served for two centuries as brary, local schools and projects such as also had a .752 slugging average, the highest the home of the owners of the iron mines that planting flowers at local shopping centers. The average since 1927. He had 162 walks, which were once the focus of the region's economy. Friends of Ringwood Manor provide a wide is the second most intentional walks in a sea- Those huge mining operations made variety of volunteer services at the Manor, son. To put that in perspective, in 1961 Roger Ringwood the center of munitions production from gardening to administration. Both these Maris drew only 94 walks and never received for U.S. forces in every major armed conflict organizations deserve our thanks. an intentional walk. from the French and Indian Wars to World Mr. Speaker, I would like to ask our col- Besides his accomplishments on the base- War I. Ringwood Manor and the surrounding leagues here in the U.S. House of Represent- ball diamond, McGwire is an all-star off the town of Ringwood have a place in our national atives to join me in congratulating Ringwood field. He is a devoted father, and the images history that should be recognized. The mines Manor and these outstanding community lead- of him hugging his son, Matt, after home run are gone but Ringwood Manor still stands, re- ers for this important contribution to maintain- #62 brought tears to many eyes. In 1987, minding residents of the area and tourists ing the history of our great nation. As U.S. Su- McGwire had a chance to lead the American alike of Ringwood's place in history. preme Court Justice Oliver Wendell Holmes, League in home runs as a rookie, but instead Established in 1740, Ringwood was a center Jr. wrote in New York Trust Co. v. Eisner, ``A he sat out the end of the season to be there of iron making and munitions making from Co- page of history is worth a volume of logic.'' for his son's birth. His love for children is ex- lonial days. Three ironmasters oversaw the f traordinary. Last year, McGwire pledged $3 bustling operations over the years leading up SOUND ADVICE FROM AN ALLY million to his foundation which helps sexually to the Revolutionary War but the last, Robert abused children. While in Oakland, he regu- Erskine, was destined to play a major role in larly wore wristbands with the pictures of miss- the creation of the United States. Erskine had HON. LEE H. HAMILTON ing children so viewers could see them on tel- run the Ringwood mines for seven years OF INDIANA evision. After awarding McGwire with their when, in 1777, General George Washington IN THE HOUSE OF REPRESENTATIVES Sportsman of the Year award last year, The appointed him as Georgrapher and Surveyor Thursday, October 1, 1998 Sporting News President James Nuckols ap- General of the Continential Army. In this im- Mr. HAMILTON. Mr. Speaker, I recently re- propriately commented, ``the quantity and portant role as our nation's army's first geog- ceived a letter from the South Korean Minister sheer power of Mark's home runs have put rapher, he and his staff produced nearly 300 of Foreign Affairs and Trade, Hong Soon- him in a class of his own, but his moving ex- highly detailed maps. These maps played a young, in which he asks for the support of the ample of selflessness and loyalty have made major role in leading the colonies' troops to U.S. Congress as his country seeks to man- him equally unique.'' victory over the British. The Robert Erskine age the difficult relationship with North Korea. Baseball historians may view Mark Militia performs ceremonial functions in mod- Minister Hong specifically asks for the con- McGwire's legacy as the greatest home run ern-day Ringwood as a tribute to this early tinued backing of the U.S. Congress for the hitter of all time. McGwire has hit a home run prominent citizen. South's policy of engagement with the North. every 11.3 at bats, which is the lowest ratio by The next prominent head of the mines was He also notes that the 1994 Geneva Frame- a major leaguerÐlower than Hank Aaron, Martin J. Ryerson, who built the original por- work Agreement, while not perfect, has played Babe Ruth, Willie Mays, and Harmon Kille- tions of the existing manor house in 1807. ``an effective and useful role'' in dealing with brew. Or, his legacy may be this year's 70 (The original manor house burned in 1742.) the challenge posed by North Korea's nuclear home runs which may never be surpassed. Ryerson, who built a three-story home of 10 weapons program. However, Mr. Speaker, I believe McGwire's rooms decorated in Federal style, left In perhaps the letter's key sentence, he re- legacy should be the tremendous inspiration Ringwood Manor to his sons. They, in turn, quests that the House of Representatives con- that he provides. As he described in a recent sold the house and surrounding 33,000 acres tinue to support implementation of this agree- interview, ``for all the bad things that are going to Peter Cooper in 1854 for $100,000. Cooper ment so as to give the North no excuse for on in the world, for a short period of time, [I and his business partner, Abram S. Hewitt, backing out of its obligations under the accord.

∑ 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. E1852 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Mr. Speaker, we hear much these days things done and how to accomplish the impos- George Peabody College at Vanderbilt Univer- about the need to work closely with our friends sible. sity. and allies in South Korea. Here is a concrete Roberta Murphy was first elected to the From 1975 to 1996, Dr. Gillespie held the request from Seoul. If the idea of working in Legislature of Orange County, NY, in 1977, position of Dean of Admissions, Records, and cooperation with South Korea has any mean- the first woman ever elected to that body. It Information Systems at Middle Tennessee ing at all, then I don't see how we have any became obvious as the years went by that she State. At the time of his appointment, he was choice but to honor Minister Hong's request was no mere follower or rubber stamp who the youngest person to hold such a position in that we not sabotage the Agreed Framework. went along with others. Rather, she was a the United States. From 1983 through 1986, I submit Minister Hong's letter to the CON- trailblazer, willing and eager to lead. In 1993, Dr. Gillespie held the position of Secretary/ GRESSIONAL RECORD, so that other Members she became the Chairman of the LegislatureÐ Treasurer of the Executive Committee of the may have the benefit of his views. the first woman in New York south of Albany American Association of Collegiate Registrars THE MINISTER OF FOREIGN AFFAIRS AND to serve in that position. It was as Chairman and Admissions Officers. He has also been a TRADE, that she became a household word throughout presenter at the annual meeting of AACRAO Seoul, Korea, September 16, 1998. our region. Many of the vital projects important on numerous occasions. In 1994, the National LEE HAMILTON, to our county, including the expansion of our Collegiate Athletic Association (NCAA) ap- Congressman, House of Representatives, Ray- courthouse, the resolution of our landfill prob- pointed him Interassociation Representative. burn House Office Building, Washington, lems, the need for a new jail, moved forward Dr. Gillespie had the honor of being se- DC. under her leadership after vexing others for so lected to serve on the Board of Trustees of DEAR CONGRESSMAN HAMILTON. It was a ACT Inc. from 1998 to 2001 this year. Richard great pleasure to meet you during my recent long. visit to the United States. In particular, I Roberta Murphy was a member of the Mon- L. Ferguson, ACT President, said that ``during am very grateful for your kindness in at- roe-Woodbury Board of Education even before his six years as Tennessee Representative to tending the meeting I had at the U.S. House entering county politics, and served a total of the ACT Corp., Cliff Gillespie has consistently of Representatives. I found the discussions 20 years in that position, and the education of given thoughtful advice on ways ACT can en- on the U.S.-Korea relationship as well as our our young people remained her first love. She hance its educational services.'' policies toward north Korea to be very useful often would question me and my staff regard- Dr. Gillespie has done an exceptional job as and informative. Associate Vice President for Enrollment Man- As discussed during our meeting, I fully ing our educational policies, reminding us of her firm belief that our local school boards agement. Since his employment with the share with you and your colleagues the deep school in the early 70's, he has brought about apprehension about north Korea’s recent ac- know what is best for their students, and that tions, such as the construction of under- it is the role of the Federal government to as- many changes. Under Dr. Gillespie's leader- ground facilities and the firing of a launcher. sist when appropriate, but never to dictate. ship, enrollment has almost doubled. In addi- However, we believe that the Geneva Governor George Pataki came to know Ro- tion, ACT average scores for the entering Framework Agreement, though not perfect, berta well when he represented her home Freshmen at MTSU are above the national av- has played an effective and useful role in town in the State Assembly. When she passed erage and exceed the Tennessee tested pop- freezing north Korea’s nuclear weapons pro- ulation averages. He is truly a strong pro- gram and thus maintaining peace and secu- on earlier this week at the age of 66, the Gov- ernor stated: ``Roberta was a tremendous per- ponent of the institution. rity of the Korean Peninsula and in North- Dr. Gillespie has also distinguished himself sonal friend and a woman of just tremendous east Asia. as the annual premier announcer for horse As we press north Korea to fully abide by courage.'' its obligations under the Agreement, we Perhaps the greatest demonstration of the shows at the national and international level, should be careful not to give it any excuse to affection with which Roberta was held by all is including the Tennessee Walking Horse Na- break the nuclear freeze. In this respect, the the fact that in both 1993 and 1997, her con- tional Celebration at Shelbyville, TN and the support of the U.S. House of Representatives stituents reelected her by the largest margin of International Championship Horse Show held for smooth implementation of the Agree- any of the 21 members in the Orange County at MTSU. His enthusiasm has earned him the ment is most important. distinction of being one of the best announc- At the same time, it is essential to draw Legislature. Roberta's husband John, with whom she ers in the country. north Korea to engage in genuine dialogue I would like to congratulate Dr. Gillespie on and exchanges with the Republic of Korea. had a remarkable partnership, predeceased his stellar accomplishments. Additionally, I Lasting peace and security on the Korean her by four and a half years. She is survived want to sincerely and personally thank Cliff, Peninsula can not be realized without talks by their sons, Robert, John, and Steve. She his wife, Gayle, and their children Matthew, between the parties directly concerned. We was also a proud grandmother. Michael and Lauren for their contributions to count on the continued assistance of the U.S. I invite our colleagues to join me in extend- Congress for our engagement policy toward Middle Tennessee State University and the ing our sincerest condolences to Roberta's en- the north. Murfreesboro community. tire family, and to her countless friends and Once again, thanking you for your support f and the warm hospitality extended to me admirers. Hopefully, their grief will be some- during my visit to the United States, I wish what tempered by the knowledge that Roberta CONGRATULATING THE NEWTON you good health and success in all of your Murphy was a truly unique individual who FIRE DEPARTMENT noble endeavors. touched many lives and who dedicated her life Sincerely, to a better society for all of us. HONG SOON-YOUNG. HON. MARGE ROUKEMA Roberta will be long missed by all of us. OF NEW JERSEY f f IN THE HOUSE OF REPRESENTATIVES IN REMEMBERANCE OF ROBERTA HONORING THE DISTINGUISHED Thursday, October 1, 1998 MURPHY CAREER OF DR. CLIFF GILLESPIE Mrs. ROUKEMA. Mr. Speaker, I rise to con- gratulate the Kittatinny Hose & Ladder Co. #1 HON. BENJAMIN A. GILMAN HON. BART GORDON and Steam Co. #1 on their 125th anniversary OF NEW YORK OF TENNESSEE of service to the residents of Newton, New IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Jersey. These two companies of the Newton Fire Department will be honored for meritori- Thursday, October 1, 1998 Thursday, October 1, 1998 ous service during the Sussex County Fire- Mr. GILMAN. Mr. Speaker, I rise to inform Mr. GORDON. Mr. Speaker, I rise today to man's Inspection Day Parade on Saturday, our colleagues of the passing earlier this week recognize and commend the contributions Dr. October 3, in Newton. The Newton Fire De- of one of the most remarkable public servants George Clifford Gillespie, Jr. has made to Mid- partment this year has the honor of hosting of our Hudson valley region in New York. dle Tennessee State University (MTSU) and the parade, which honors the hard-working Roberta Murphy was one of a kind. Our his community. volunteer firefighters of the entire county. local newspaper dubbed her ``the bulldog of Dr. Gillespie is the Associate Vice President Volunteer firefighters are among the most Orange County'' and considering her tenacity for Enrollment Management at Middle Ten- dedicated public servants in our communities. and dedication to the public interest that de- nessee State University. He is a native of They set aside their own convenienceÐin- scription is certainly apt. Roberta was a deeply Nashville and received his undergraduate and deed, their own safetyÐto protect the lives caring person, and at the same time was also Masters degrees at MTSU. He also received a and property of their neighbors and ask noth- a skilled political leader who knew how to get doctorate in College Administration from the ing in return. Volunteer firefighters turn out to CONGRESSIONAL RECORD — Extensions of Remarks E1853 do their duty in the darkness of freezing winter tigation of an IRS Deputy Commissioner about Judaism thrives, the salvation of the Jewish nights and in the heat of suffocating summer personal tax matters over which the IG has no people days without hesitation. The officers and mem- jurisdiction. This came after a Senate hearing This is only possible in a peaceful environ- ment. bers of Kittatinny Hose & Ladder Co. #1 and during which the Deputy IRS Commissioner What has happened the last 50 years? Steam Co. #1Ðalong with all members of the apologized for IRS abuses of taxpayers. Where are we now? Newton Fire DepartmentÐdeserve our grati- A former Treasury IG resigned on the eve of The answers ethically and practically are tude and thanks. the Senate Governmental Affairs Subcommit- in Torah. Morality leading to action guaran- Kittatinny Hose & Ladder Co. #1 and Steam tee on Investigations' release of a report criti- tees results. Co. #1 were both incorporated in September cizing the awarding of sole-source consulting ‘‘Do that which is right and good’’ (Deu- 1873 and throughout their long and distin- teronomy, Chapter VI, verse 18), page 772 of contracts. Hertz Chumash—second edition. guished histories have protected both lives Despite concerns expressed by the Social ‘‘To do them’’ (Deuteronomy Chapter IV and property through the dedication and skill Security Administration's Commissioner and verse 1), page 756. of their many volunteer members. Both have employee groups, the SSA's IG planned arrest Man must act. Not only believe. grown vastly in personnel, equipment and scenarios using SSA field offices to arrest Not declarations for peace, other resources over the years. Today, they wanted criminals, potentially endangering the Not excuses based on what is wrong with are among the finest firefighting organizations public and field office personnel. others, in the State of New Jersey. But to do what is right and ‘‘to do’’ means A series of skirmishes between the Sec- to deliver on the ground, where people live. Both fire companies keep their heritage retary of HUD and IG of HUD caused Senator And what is right in our treatment of the alive with lovingly maintained pieces of an- FRED THOMPSON (R±TN) to observe ``. . . strangers is clear. tique fire apparatus that show how far firefight- maybe we ought to try to get someone's atten- How to Treat the Strangers (The Palestin- ing has come since the last century. Kittatinny tion over there . . .'' (Washington Post, Sept. ians): Hose is the proud owner of an impressive 9, 1998). 1. ‘‘You shall not wrong a stranger or op- 1849, four-wheel Hose Carriage, while Steam- press him, for you were strangers in the land IGs have three principal responsibilities: to of Egypt’’ (Exodus, Chapter 22, verse 20). er Co. #1 owns a distinctive 1873 Clapp and conduct and supervise audits and investiga- 2. ‘‘And if a stranger sojourn with thee in Jones Steamer. Both will be on display in Sat- tions; to combat fraud and promote efficiency; your land, ye shall not do him wrong, The urday's parade. and to keep Congress and the agency head stranger that sojourneth with you shall be Kittatinny Hose & Ladder Co. #1 and Steam fully informed about problems and defi- unto you as the home born among you, and Co. #1 have come a long way from the hand- ciencies. The original act did not anticipate the thou shalt love him as thyself’’ (Leviticus pulled fire wagons of the 19th century. To- need to deal with arguments between the Sec- Chapter, 19 verses 33–34). day's state-of-the-art engines and high-tech 3. ‘‘And I charged your Judges . . . Hear retary and IG of an agency, and provided no the causes between your brethren and judge equipment put Newton on par with any other forum for the airing of grievances and input of fire department in the region. But it takes more righteously between the man and his brother impartial advice. and the stranger that is with him’’. (Deu- than equipment and buildings to run a fire de- The bill I introduce today will create an teronomy Chapter IV verse 16). partment. It takes dedicated, hard-working in- Oversight Council to address concerns, such The strangers amongst us, amongst our dividuals willing to put the safety and property as those highlighted earlier, and recommend brethren, are the Palestinians. of their neighbors first. Kittatinny Hose & Lad- solutions to Inspector Generals. This would in- And who are these Palestinians? Stereo- der Co. #1 and Steam Co. #1 were founded crease public confidence in the federal gov- types don’t work. Sometimes anecdotal his- 125 years ago on the principle of neighbors tory helps: ernment by assuring that the Inspector Gen- Ewan Clague, my colleague, no longer with helping neighbors. That principle has made eral is held to standards of accountability and us, who served four presidents and was the them a success and will continue to do so in integrity while preserving the independent, head of the Bureau of Labor Statistics, the future. nonpartisan role of the Inspector General. I taught me, ‘‘If your eyes differ with data, be- I would like to ask my colleagues in the urge my colleagues on both sides of the aisle lieve your eyes.’’ House to join me in congratulating Kittatinny to support this legislation to create an Inspec- Let me tell you what my eyes have seen Hose & Ladder Co. #1 and Steam Co. #1 on and what my ears have heard. tor General Oversight Council. A. When I last was in Amman, people re- 125 years of meritorious service to the com- f munity and in paying tribute to their brave and membered my first visit. Yes, I said, five years ago. No, they said eight. dedicated firefighters past and present who THE NEED TO IMPROVE THE That was the beginning of this mission have sacrificed personal safety in response to PALESTINIAN ECONOMY taking the road less traveled. And as Robert the needs of others. The Newton Fire Depart- Frost wrote. . . . ‘‘that has made all the dif- ment and all members of all the fire depart- HON. LEE H. HAMILTON ference.’’ When Israel agreed at that time with the ments of Sussex County deserve our deepest OF INDIANA European Community on the unrestricted thanks for their work on the behalf of our com- IN THE HOUSE OF REPRESENTATIVES munity. shipment of Palestinian goods to Europe, Thursday, October 1, 1998 Israeli leadership asked me to help the Pal- f estinians because they were sure that eco- Mr. HAMILTON. Mr. Speaker, I would like to WHO’S WATCHING THE WATCHDOG nomic problems would follow. bring to the attention of my colleagues the Sometime later my wife and I were invited INSPECTOR GENERAL OVER- Dvar Torah sermon Leo Kramer gave at the to a New Year’s Eve party in Amman. SIGHT COUNCIL Adas Israel Congregation on August 8, 1998. On arrival, we found ourselves meeting The sermon is entitled ``The Palestinians: The with Palestinians who also asked for the HON. EDOLPHUS TOWNS Strangers amongst Us.'' same help. Israelis and Palestinians requesting the OF NEW YORK Leo Kramer is an international business same positive help started me on this less IN THE HOUSE OF REPRESENTATIVES consultant with strong ties to Israel, but also traveled road. Thursday, October 1, 1998 with a strong commitment to helping the Pal- B. Soon I found myself setting in a packing Mr. TOWNS. Mr. Speaker, I rise today to in- estinians enhance their economy. He sees house in Gaza. Present were fathers and troduce legislation to create an Inspector Gen- Palestinian economic advancement as a key sons, brothers and uncles and nephews and Israeli and U.S. interest and as essential to soon I wondered why they all have the famil- eral Oversight Council. iar American accent. I asked how come and 1998 marks the twentieth anniversary of the promoting real and effective peace. He says ``We need to change the facts. The facts of where they were educated. I found they went creation of the Office of Inspector General. It to college in Michigan, Tennessee and Ari- was created to be an independent and objec- Palestinian poverty, lack of export access, lack zona. tive investigative unit within an agency but not of dignity and respect. Once the facts change, C. And some time later an orthodox Jew in under the jurisdiction of that agency. My inten- the attitudes will change``. And peace will be New York says, ‘‘Leo, you must explain to tion is not to change the independent nature promoted. the Palestinians the effect and meaning of of the office, but recent events involving the Leo Kramer's remarks follows: Passover. And he prepared an excellent sum- mary for them which I delivered. Not long ‘‘THE PALESTINIANS: THE STRANGERS Inspector General's (IG) office have raised thereafter, I find myself sitting with the Pal- AMONGST US’’ concerns about the necessity for oversight. estinians in Gaza, explaining Passover. They Events such as: (By Leo Kramer) say they don’t get it. A Treasury Department Deputy Assistant In- As Americans, as Jews, our commitment, And I explained Passover again and they spector General asserted pressure for inves- our objective is clear—a secure Israel where don’t see the significance I am about to give E1854 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 up when a leader of the political Palestinian ians are still waiting for that delivery. We If we are talking about peace, we must ad- movement, Fatah, shouts out, ‘‘You mean can no longer delay. dress the well being of the Palestinian people Pesach, Leo!’’ I have heard over and over again the on the other side of the Green Line. Not our stereotypical view of the Palestin- Israeli pronouncement that the well being of We have no time for do-good conferences. ians—but real! the Palestinians is in their interest. I agree. We have no time for pleasantries. We must Do these stories sound like the teaching of Hurts of the past must not be excuses for do things that improve the well being of the these last 50 years? Not at all! continuing hurts into the future. ‘‘strangers’’ amongst us, those on the other What has been our education leading to Free passage of goods, open markets, in- side of the Green Line. We have no time to orientation and attitude? vestments and reliability of American com- wait to change attitudes. We need to change Fear and hate have been used to squeeze mitment will produce prosperity and peace the facts. The facts of Palestinian poverty, money out of us. And in the process no dis- in the region. lack of export access, lack of dignity and re- tinction was made between: all Arabs and Four conditions are needed, which are spect. Once the facts change, the attitudes Palestinians, and Palestinians in Israel, and interdependent: will change. Palestinians across the green line. 1. Reliable access to crossing borders for A leader of Egypt asked me why the Pal- And there is a world of difference between export. estinian oranges at Ashdod are crushed and I the groups. 2. The opening of overseas markets. said I did not know. And he said, ‘‘They are We were told if we do not contribute, our 3. Private sector investment funds, i.e., your cousins, Leo, and you must find out.’’ brethren will be thrown into the sea and to perhaps $100 million from the American side I met with the appropriate military au- prove it, let us tell you how evil are the Pal- to challenge the Palestinians to provide an- thority. They asked do you want an inves- estinians. The image stuck. other $100 million to support and give con- tigation? And I said no. Do I want sensitivity Was fundraising now a substitute for reli- fidence to the private sector for medium size training through various international gion and Torah and we gave and did not no- investment based on reliable border cross- funds? No. Then what do you want? tice the world was changing? ings and open markets and long term com- We must appoint a person to be respon- The Torah does not say, ‘‘Do that which is mitments. Then we will see the capability of sible, a colonel who need not like the Pal- right’’ only to those you like and admire. the Palestinians, the development, more ef- estinians, who has the assignment to see However, it is clear if you do what is right, fective use of our aid money. that their products get on the ship you will reduce the arena from which terror- 4. A U.S. participation that is dependable undamaged so that they arrive in good shape ists are recruited. and firm in the peace process, via the Mid- for the customers. And the colonel will do so Torah teaching—practical solution. dle-East Peace Facilitation Act. if he knows the price of failure, dishonorable These 50 years we kept our views and did True eight years ago. True three years ago. discharge and loss of pension. not notice changes. True today! He will then do the job, his children will We must not confuse security with terror- Recent conclusion by Ha’aretz (Israeli see that it works, and his grandchildren will ism. Did Israel not win every war? And is not newspaper): live in a better world. First change the facts, Israel’s military partner, the USA, the only ‘‘Exports from the territories to overseas Do that which is right and good, then the real power by far, not only in the Middle markets are still hamstrung by a seemingly people will learn and attitudes will change. East, but in the world? Are we not proud of infinite number of bureaucratic hurdles that Do that which is right and good and peace Israel’s might? pose under the guise of ‘‘security consider- will follow. And the Palestinians? No army, no F–16s, ation’’ and which are forcing Palestinian There is a program for the improvement of no MI tanks—no U.S. military alliance. The manufacturers to export their products via health, fortunately without great publicity Palestinians have been a beaten people— Israeli companies. The atmosphere of politi- and political involvement, with Canadian, their life has been in part determined by cal uncertainty is dissuading potential inves- Jordanian, Israeli and Palestinian doctors Jews. In such a circumstance, how does our tors from sinking funds into the Palestinian cooperating to improve the health of the religion tell us to behave? economy’s manufacturing sector. people on the ground. What I am saying would be the same dur- It is therefore not in the least surprising I mandate them, no declarations of love, ing Rabin’s days, during Peres’ days, during that, in this unhealthy economic climate, no press releases that you are for peace, but Netanyahu’s days. My statement before the wages on the West Bank and in Gaza have if you do not improve the well being of the U.S. Senate Subcommittee on Near Eastern dropped.’’ people, we will cut you off. and South Asian Affairs, at the Capitol, How can you earn a living if you cannot Results, real results for people on the Thursday, July 13, 1995. get what you produce to market at a proper ground is what we must do. We must solve In part: Some years ago I came to the con- price? the problem of goods crossing borders so clusion that the critical element essential to The reality! What are we doing? What they can get to market and people will then achieve peace in the Middle East was the should we do? invest and create jobs. Therefore we must economic well being and the dignity of the There is not a single Jewish organization, prepare them by training and education. A Palestinian people. And this was in the in- not one contributing in any way to peace group of visionaries are planning to build a terest of Israel and the Jewish people. process. There is fundraising using the word college, an industrial college in Gaza. If you Who has the power to make these critical ‘‘Peace’’ but delivering nothing—nothing on think about it, you will find other ways and changes and improvements? Not the Pal- the ground, nothing across the green line. other projects to deliver results on the estinians, not the PLO and not the PNA And without a proper peace, there can be no ground. Just follow the Torah. Do what is (Palestinian National Authority). Jewish life in Israel. Not a single Jewish right for practical results. The resources, the power, and the controls based organization in Washington (or any in Not conferences, not teas, but delivering in these critical areas lie with the West, the the US or the UK—find them) is contributing improvements on the ground. Do what is donor nations, the United States and Israel. one penny to peace on the ground—not one right and peace will follow. Jews will win Until these matters are adequately ad- penny across the green line. Funding militarily. But if they win in the wrong way, dressed, there can be no lasting peace. projects in Israel proper is fine, but if we ig- their children and grandchildren will be at If they are not addressed, we will not stop nore what is happening beyond the green line war. this generation’s hate from being passed on how are we truly contributing to peace? The Torah makes it clear, do what is right, to the next generation and the children will Why? perform on the ground. The ground is the be fighting each other. We must now allow Who knows? territory in which the strangers live, the this to happen. Is 50-year education too difficult to Palestinians. If we do so, there will be peace The state of Israel and the well-being of its change? and Jews and Judaism will prosper. people are not threatened by a Palestinian Does fundraising without commitment pay To help the Palestians is to help Israel. Army, Air Force or Navy. They are not a se- off? curity threat to the nation of Israel. Commitment to the moral and practical f Some equate terrorism to a security teaching of the Torah will pay off—will bring TRIBUTE TO VERNON H. RICKS, threat. That in turn is used to delay eco- peace. nomic liberation of the Palestinian people What must we Jews do now? The salvation JR. which, if not achieved, will guarantee that of our people is at stake. We must not focus the children of this generation will still be at on what is wrong with others. That is no ex- HON. WILLIAM (BILL) CLAY war. We cannot allow that. Yes, we must cuse! What to do? We must perform on the OF MISSOURI stop terrorism but how? ground, the only way to reduce terrorism. Economic deprivation will breed further Contribute to those organizations that can IN THE HOUSE OF REPRESENTATIVES terrorism. Raising the economic standard demonstrate to your without any, ifs ands Thursday, October 1, 1998 gives us hope. and buts that money is resulting in a better Mr. CLAY. Mr. Speaker, I am pleased to I was proud to be appointed to participate health, a better life, a better education on in the peace signing in Cairo. I heard my the other side of the Green Line for the Pal- commend Mr. Vernon H. Ricks, Jr. on the oc- government announce that without eco- estinian people. casion of his retirement from the Xerox Cor- nomic progress on the ground, peace is a This is where the urgent need is. That is poration. Wednesday, September 30, 1998 risk. I agreed then and I agree now, Palestin- what the Torah commands us to do. marked the end of Vernon's remarkable thirty- CONGRESSIONAL RECORD — Extensions of Remarks E1855 three year career with one of the world's lead- and a gentleman; someone who has worked There are two theories on the origin of the ing corporations. In recognition of his exem- unselfishly on behalf of others. I know that his borough's name. One is that it was named for plary years of service with Xerox, as well as family and friends are proud of him, and I join the profuse growth of the thorny Hawthorne his contributions to his community, it is a them in congratulating him on a distinguished bushes early farmers had to clear from their pleasure to highlight just a few of his many career with the Xerox Corporation. As he pre- land before cattle could safely graze. The achievements with my colleagues here today. pares to set course on yet another chapter in other is that it was named for the author Na- Vernon began his career with Xerox as an his illustrious life, I ask that you join me in ex- thaniel Hawthorne. The true answer is lost to entry level technician. He honed his skills in tending our best wishes to him and Janet on history. Nonetheless, the name is honored and several critical management areas and rose to a future abundant in the riches of God's love, revered and deserves the good reputation it become the manager of field services. good health, and much happiness. has enjoyed for a century. It is one of the fin- Throughout his career, he has devoted his f est communities in our state. time to serving as a mentor to many young, 100TH ANNIVERSARY OF aspiring African Americans within the Xerox Hawthorne's first Mayor, Dr. Sylvester Utter, HAWTHORNE, NEW JERSEY family. His selfless contributions led to his ap- was elected April 12, 1898. Adam Vreeland pointment to the corporation's Affirmative Ac- was chosen as assessor and William H. Post tion Development Task Force. From that posi- HON. MARGE ROUKEMA as tax collector. The councilmen were Albert tion, Vernon went on to become the Founding OF NEW JERSEY Rhodes, Frank Post, Daniel Van Blarcom, Member of the Xerox ``Corporate Few,'' the or- IN THE HOUSE OF REPRESENTATIVES Martin Marsh, John V.B. Terhune and Arthur ganization of Xerox's African American cor- Thursday, October 1, 1998 F.J. Wheatley. porate executives. Mrs. ROUKEMA. Mr. Speaker, I rise to con- At the turn of the century, farms were al- Vernon's concern for equal opportunity and gratulate the Borough of Hawthorne on its ready disappearing to make room for housing community involvement extended far beyond 100th anniversary as an independent borough development and Hawthorne's population the confines of the Xerox Corporation. He has in the State of New Jersey. The people of stood at 2,500. By 1908, large tracts of land served as a member of the Congressional Hawthorne this year are celebrating the many were being developed for homes. The Arnold Black Caucus Corporate Braintrust; executive virtues of their wonderful community. Haw- Brothers Co. developed land from Elberon to director of the Federation of Corporation Pro- thorne is a good place to call home. It has the Tuxedo Avenues. The Rea Land Co. devel- fessionals; the Montgomery County, Maryland outstanding schools, safe streets, family ori- oped the northern end of town and Hawthorne Sensitivity Task Force, and the Montgomery ented neighborhoods, civic volunteerism and Parks Estates developed the eastern section. County, Maryland Police Community Relations community values that make it an outstanding By 1910, the population totaled 3,500. Task Force. place to live and raise a family. Vernon Ricks' civic involvement has also On this occasion of its Centennial Celebra- One of the new government's first steps been impressive. From 1972±1980 he was a tion, I want to specifically acknowledge the was to secure $19,000 in loans to renovate councilman on the Takoma Park, Maryland outstanding leadership of Hawthorne's elected school buildings, including the Lafayette City Council and from 1980±82 he served as officials. Hawthorne has always enjoyed a his- School, the Washington School and a one- Mayor Pro-Tem of Takoma Park. In addition, tory of good, sound local governmentÐa tradi- room schoolhouse on Goffle Road. The Frank- he has been a member of the Maryland Mu- tion carried on today by Mayor Fred Criscitelli, lin School was built in 1910. The Lafayette nicipal League, the National League of Cities Council President Joseph Metzler, Council School eventually became the borough munic- and a regional director of the National Black Vice President John Lane and Council Mem- ipal building but was destroyed by fire in 1979. Caucus of Local Elected Officials. bers Marge Shortway, Lois Cuccinello, Rich- A new municipal building was constructed on As he begins a new chapter in his life, Ver- ard Goldberg, Patrick Botbyl and Eugene the same site. non will continue his community involvement, Morabito. Indeed, the U.S. Congress should The post-World War I boom of the 1920s serving as president of the Coalition for Equi- pay special respect to this community for hav- brought more new homes, a variety of indus- table Representation in Government; the ing the wisdom and farsightedness to have trial and commercial enterprises and two new Montgomery County, Maryland Mentoring elected Mayor Louis Bay 2nd in 1947. Mayor schools. Goffle Brook Park was established in Task Force; Democratic Precinct Chair; and Bay, who retired in 1987 after 40 years of con- 1927 by the Passaic County Park Commis- as Chairman of the Board of Trustees of Mt. tinuous service, set a record for consecutive sion, quickly becoming the setting for band Zion United Methodist Church. A Life/Golden terms as Mayor. concerts and baseball games. The park re- Heritage member of the NAACP, Vernon will Today's leaders of Hawthorne draw upon certainly maintain his extensive involvement nearly three centuries of heritage. Hawthorne mains a setting for community events to this with the nation's oldest and most distinguished was officially incorporated as a borough in day. The First National Bank of Hawthorne, civil and human rights organization. 1898 but the area was first settled around the the Hawthorne Public Library and the Masonic In recognition of his brilliant career, Vernon beginning of the 18th Century. Among the ear- Temple were all opened in 1928. The same has received numerous awards and citations liest settlers of Hawthorne were the Ryerson year, the Hawthorne Chamber of Commerce from Xerox as well as from civic and commu- brothers, who purchased 600 acres of land in was established and local chapters of the nications organizations. Among the many 1707. Their property extended from the Pas- American Legion, Rotary Club and Veterans of awards commending his achievements in sup- saic River to what is now Diamond Bridge Av- Foreign Wars were opened. port of corporate and community endeavors is enue and from the crest of Goffle Hill to Lin- The 1930s saw construction of Hawthorne the 1st place-vocal group award he received coln Avenue. One of the Ryerson's homes, High School, the beginning of the Hawthorne in the Air Force Worldwide Talent Competition. built in 1740 and destroyed by fire in 1950, Women's Club and the Hawthorne Child Wel- Prior to joining the Xerox Corporation in served as General Lafayette's headquarters fare League. The population in 1930 soared to 1965, the third generation Washington, D.C. during the Revolutionary War. A monument 12,000Ða 13 percent increase from 1920 re- native and McKinley Technical High School erected by the Passaic County Park Commis- ported to be the second-highest increase in graduate was a well known local entertainer sion marks the spot at 367 Goffle Road. An- the United States. Hawthorne today has a and singer. He went on to become a missile other Ryerson home survives as a restaurant. population of more than 17,000 and plays an technician and teletype/crypto specialist in the Saw mills were the earliest industrial oper- essential role in the active economy of the United States Air Force. He was honorably ation in Hawthorne, as trees cut to clear land reigon. discharged in 1965. for farming were turned into lumber for con- He is married to the lovely and equally civic struction. Grist mills followed to process the My colleagues, I am sure you would agree minded Janet Lee and he has one son, Brian, grain raised by the farmers. with my conviction and assertion that Haw- who is a real estate agent in the Washington, Located in Passaic County, Hawthorne origi- thorne is one of the finest communities in the D.C. area. Vernon and Janet reside in Poto- nally was part of Manchester Township, which State of New Jersey. This community is sym- mac, Maryland. also included communities now known as bolic of traditional American values. The resi- Mr. Speaker, it is indeed a pleasure to use Totowa, Haledon, North Haledon, Prospect dents work hard, are dedicated to their fami- this opportunity to salute the career and ac- Park and part of Paterson. Hawthorne was es- lies, support their schools and volunteer to complishments of a true American role model, tablished as an independent borough on help their neighbors. I ask all my colleagues to proud father and loving husbandÐVernon H. March 24, 1898. The other communities even- join me in wishing all its residents continued Ricks, Jr. He is a man whom I have known tually declared their independence as well as success as their borough enters its second and respected for many years. He is a friend Manchester Township ceased to exist. century. E1856 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 TRIBUTE TO CLAIRE GAUDIANI ON nation's leaders ``to stop widening the private Prior to his recent promotion, he had held THE TENTH ANNIVERSARY OF rifts that separate us and call us to renew the the position of Dean of Admissions, Records, HER TENURE AS PRESIDENT OF values that can unite our public life.'' These and Information Systems at Middle Tennessee CONNECTICUT COLLEGE are words each of us should take to heart State since 1975. At the time of his appoint- when the politics of division appear to be over- ment, he was the youngest person to hold HON. SAM GEJDENSON coming the politics of inclusion. such a position in the United States. Dr. Gil- OF CONNECTICUT Mr. Speaker, I believe the most extraor- lespie is a former member of the Executive IN THE HOUSE OF REPRESENTATIVES dinary characteristic which distinguishes Presi- Committee of the American Association of dent Gaudiani is her commitment to her com- Collegiate Registrars and Admissions Officers. Thursday, October 1, 1998 munityÐNew London. Working with local He held the position of Secretary/Treasurer Mr. GEJDENSON. Mr. Speaker, I rise today elected officials, businesses, community activ- from 1983 through 1986, and has been a pre- to pay tribute to Claire Gaudiani as she marks ists and residents, President Gaudiani has senter at the annual meeting of AACRAO on her tenth anniversary as President of Con- helped to lead a renaissance in the city of numerous occasions. necticut College in New London, Connecticut. New London as the President of the New Lon- He has done an exceptional job with the of- President Gaudiani is an extraordinary aca- don Development Corporation. Claire Gaudiani fice. Since his employment with the school, in demic, administrator and community activist didn't have to take this job. She had more the early 70's, he has witnessed many who embodies the very best qualities of Amer- than enough to do at Connecticut College to changes. One of the major changes is the in- ica. I am honored to call her my friend. keep her very busy. She accepted this posi- crease of enrollment due to his professional President Gaudiani came to Connecticut tion because the Corporation is focused on re- expertise in admissions. He is truly a strong College from Purdue University in 1988. Over newing the community in the larger sense. Al- proponent of the institution. the past decade, she has made an indelible though this effort is strongly focused on eco- Dr. Gillespie is noted for the automation he impact on the institution. Under her leadership, nomic renewal, it encompasses a wide array has brought to the admission processes at the college has dramatically expanded aca- of initiatives designed to improve quality of life, MTSU. He is often called upon by other insti- demic programs, including creating four new restore civic pride and bring every sector of tutions to serve as a consultant in the area of academic centers: the Centers for Community the communityÐpolitical, cultural, ethnic and registration, records management, and enroll- Challenges; Conservation Biology and Envi- racialÐtogether in pursuit of a common goal. ment. On occasion, he teaches in the doctoral ronmental Studies; Arts and Technology; and I am proud to say that this effort has been program on higher education at Vanderbilt International Studies and the Liberal Arts. She a resounding success. Earlier this month, sev- University. spearheaded a campaign which has quad- eral hundred people gathered to celebrate the Dr. Gillespie is known for more than his role rupled the school's endowment. Today, Con- fact that Pfizer, one of the world's leading as Associate Vice President for Enrollment necticut College is recognized as one of the pharmaceutical companies which is based in Management at MTSU. He has also distin- leading liberal arts institutions in the nation. southeastern Connecticut, will develop a $220 guished himself as the primary announcer for Although her work as Connecticut College is million state-of-the-art research facility in New the Tennessee Walking Horse National Cele- truly impressive, President Gaudiani is much, London. This project will create as many as bration. much more than a university president. She is 2,000 jobs over the next decade and will be I would like to congratulate Dr. Gillespie on arguably the most articulate voice today on the centerpiece of a revitalized riverfront area. his stellar career. He had done a fine job in behalf of restoring civility to our society. New London will be one of several sites in the representing Rutherford County. I thank him Throughout much of our history, Americans United States to host OpSail 2000Ðthe larg- for the contributions he has made to Middle helped their neighbors in needÐcommunities est tall ship and maritime event in historyÐin Tennessee State University and the built barns, families took in strangers dis- July 2000. Murfreesboro community. placed by natural disasters, and people gave Although these projects are exciting, the f whatever they could, even when they had very overall effort led by President Gaudiani has little, to fellow citizens who had fallen on hard created a new sense of community spirit and PROTECT SOCIAL SECURITY times. Community was not merely a place pride. Residents, businesses, civic groups and ACCOUNT where people lived, it embodied a sense of to- others have a new appreciation of the com- getherness and common purpose. Civil dis- mon bonds that unite them. People are com- SPEECH OF course was not an abstraction but a way of ing together in pursuit of common goals and HON. NANCY PELOSI with a renewed commitment to strengthening life. OF CALIFORNIA the entire community. Unfortunately, as President Gaudiani has IN THE HOUSE OF REPRESENTATIVES written: ``Evidence is mounting that our na- Mr. Speaker, I take great pride in congratu- tional reservoir of good will toward each other lating Claire Gaudiani on her tenth anniversary Friday, September 25, 1998 is running out like water from a leaky bucket.'' as President of Connecticut College. Her com- Ms. PELOSI. Mr. Speaker, I rise in strong Today, as so many rush to accomplish an mitment to academic excellence and civic re- opposition to H.R. 4578. Social Security is a ever growing list of tasks, we often forget to newal is an example for all of us. I wish her sacred trust between working Americans and take time to lend a helping hand to our neigh- continued success as she embarks on her the Federal government. It is the last program bors or to put the interests of our city, town or second decade in New London. that should be used as a political tool in an country ahead of our own. In an alarming ex- f election year. ample of how people are withdrawing from our HONORING THE DISTINGUISHED This bill, which claims to save Social Secu- most important national discourseÐour elec- CAREER OF DR. CLIFF GILLESPIE rity, would undermine the financial strength of toral process, participation rates in national the program, siphoning off the Social Security elections are at all-time lows. surplus into tax cuts. Ninety-eight percent of President Gaudiani is leading a national ef- HON. BART GORDON what we call the budget surplus over the next fort to restore civility to society and to encour- OF TENNESSEE decade comes from the Social Security Trust age all of us to work on behalf of the common IN THE HOUSE OF REPRESENTATIVES Fund. Those funds must be protected until we good. She is a member of the National Coun- Thursday, October 1, 1998 have shored up the long term strength of the cil for a Civil Society based at the University Mr. GORDON. Mr. Speaker, I rise today to program. of Chicago. She has written numerous articles recognize and commend the contributions Dr. This bill is a companion to an $80 billion tax and given speeches coast to coast discussing George Clifford Gillespie, Jr. has made to Mid- cut bill. The Republicans temporarily have how the nation can achieve this goal. She has dle Tennessee State University (MTSU) and dropped their longtime commitment to tax put this vision into practice at Connecticut Col- his community. breaks for the very wealthy and adopted lege by creating the Center for Community Dr. Gillespie is the Associate Vice President Democratic tax relief proposals. Unfortunately, Challenges, which offers students a wide array for Enrollment Management at Middle Ten- they pay for them by violating the Social Secu- of opportunities to engage in community serv- nessee State University. He is a native of rity Trust Fund. This Republican tax cut robs ice, and the Institute for a Civil Society, which Nashville and received his undergraduate edu- our seniors of their peace of mind and under- brings together non-profit organizations, busi- cation at MTSU. He also received a Masters mines the future fiscal stability of Social Secu- nesses and government to encourage civic Degree at MTSU and a Ph. D. in College Ad- rity. participation. Moreover, President Gaudiani ministration from the George Peabody College The Republicans are not proposing these has been courageous enough to challenge the at Vanderbilt University. tax cuts because they believe in them. This is CONGRESSIONAL RECORD — Extensions of Remarks E1857 an attempt to co-opt Democrats into helping sein, they tolerated years of deprivation. At the Ernie had a way of streamlining bureau- the Republicans slowly dismantle Social Secu- hands of this man and his Republican Guards, cratic processes and making them user-friend- rity. They have made the tax cuts as attractive tens of thousands of people were massacred. ly. Planning and building inspection processes, as possible to Democrats in order to provide The people of Iraq are sick and tired of suffer- cooperation between county libraries with city a mountain of sugar to disguise the taste of ing; they have been willing to take up arms libraries and schools, health and medical de- the poison. But the truth is that undermining against Saddam Hussein, and they are willing partments and programs all benefitted from Social Security will not help America's working to do so again. Ernie's intelligent oversight and fine leader- families. The Iraq Liberation Act is not a complete ship. Ernie could call upon his positive rela- There can no longer be any doubt about the recipe for Saddam's removal, but it contains tionship with the agencies and the political differences between the Republicans and the some key ingredients. This bill calls on the structure of the county to negotiate agree- Democrats. Democrats want to protect the So- President to designate a group or groups com- ments across agency boundaries. The City of cial Security surplus. Republicans want a tax mitted to a democratic Iraq. For the des- Salinas was able to build playing fields and a cut at the expense of America's seniors. ignated group or groups, it authorizes the golf course on County land, for instance. As Democrats want to ensure that for generations President to provide up to $97 million in mili- the Emergency Services Director during five to come, Social Security will continue to be a tary assistance, to be drawn down from the major, presidentially declared disasters, Ernie constant in the lives of our elderly citizens. stocks of the Department of Defense. In addi- created a full-time emergency services office Democrats have always supported respon- tion, it authorizes the provision of $2 million for for greater inter-agency cooperation and effec- sible tax cuts paid for out of the budget. But opposition radio and television broadcasting tive emergency response. to take money from the Social Security surplus inside Iraq. Ernie's droll humor brought warmth and loy- is fiscally irresponsible and jeopardizes the fu- These authorities, combined with other ac- alty to county administration, and his pranks ture of the program. Those funds must be pro- tions Congress already has taken, will contrib- are legend. He was not beyond impersonating tected for today's retirees and for today's ute to a comprehensive policy of promoting the county environmental health officer upon workers. We must save the surplus, strength- democracy in Iraq. Earlier this year, the Con- arrival at a restaurant to see how it affected en the system, and secure the future for gress appropriated $10 million to support pro- service. To better monitor operations and America's seniors. That's the Democratic way. democracy groups, assist their organization, maintain accessibility to all levels of oper- I urge my colleagues to oppose H.R. 4578. found Radio Free Iraq under the aegis of ations, Ernie often walked through county fa- f Radio Free Europe, and build a war-crimes cilities, conversing with custodians and clerks. case against Saddam Hussein. A further $10 He was a mentor and advisor who developed INTRODUCTION OF H.R. 4566—IRAQ million is contained in the Senate version of affection and camaraderie at every level. Su- LIBERATION ACT OF 1998 the Foreign Operations Appropriations bill that pervisor Simon Salinas once said ``He had the will soon go to conference. biggest heart of anyone in the county.'' HON. BENJAMIN A. GILMAN The Iraq Liberation Act marks an important Our heartfelt condolences go to his family, his wife Kay, daughter Emily, and son Mark, OF NEW YORK step forward in our fight against Saddam Hus- sein. We must not fool ourselves: The man is as well as to his father Irving and brother Ken. IN THE HOUSE OF REPRESENTATIVES Ernie's legacies are beyond the stability and Thursday, October 1, 1998 the problem. If this man remains in power, Iraq will remain a clear and present danger to financial integrity he established within county Mr. GILMAN. Mr. Speaker, on Tuesday, the United States and our allies. We heard as operations. Ernie was a patriarch, and the September 29th, I introduced H.R. 4566, the much from the Chief U.N. weapons inspector, county became a family through his wise guid- ``Iraq Liberation Act of 1998.'' As the title sug- Scott Ritter, and we have heard as much from ance. gests, the purpose of this legislation is to fi- the Administration. f nally and irrevocably commit the United States This bill will not tie the President's hands. It TRIBUTE TO LEE HAMILTON to the removal from power of the regime head- does not mandate the actual delivery of mili- ed by Saddam Hussein. tary assistance. The only requirement it con- SPEECH OF For almost eight years now, since the end tains is that the President designate a group HON. DOUG BEREUTER of Operation Desert Storm, we waited for Sad- or groups as eligible to receive the assistance dam Hussein's regime to live up to its inter- OF NEBRASKA we are authorizing. I would hope, however, IN THE HOUSE OF REPRESENTATIVES national obligations; to dismantle its weapons that the President will use the authority we are of mass destruction under international inspec- offering him to begin to help the people of Iraq Monday, September 28, 1998 tions, to stop threatening Iraq's neighbors, and liberate themselves. Mr. BEREUTER. Mr. Speaker, this Member stop menacing Iraq's Kurdish and Shi'ite mi- f has served in the U.S. House of Representa- norities. tives with our very distinguished colleague After dozens of U.N. Security Council reso- TRIBUTE TO THE LATE ERNEST from Indiana [Mr. LEE HAMILTON] for twenty lutions, and compromise after compromise, we MORISHITA years and this Member has worked closely have too little to show. Our patience was mis- with LEE on the House International Affairs interpreted by Saddam Hussein as weakness. HON. SAM FARR Committee for sixteen of those twenty years. Regrettably, America's friends in the Middle OF CALIFORNIA As a result of that contact, this Member will East believe our policy lacked seriousness. IN THE HOUSE OF REPRESENTATIVES tell this body that this Member believes he is The time has come to let Saddam knowÐto the most outstanding Member now serving in Thursday, October 1, 1998 let the whole world knowÐthat the United the U.S. House of Representatives. Certainly, States will not tolerate this regime's continued Mr. FARR of California. Mr. Speaker, I rise he is one of the three most distinguished leg- grip on power. to express our community's grief at the loss of islators with whom this Member has served in We must abandon the fiction that there can Ernest Morishita who died September 6 of this that period of twenty years. be peace and security in the Persian Gulf re- year at the age of 57. Ernie was more than an This Member also knows that this Member's gion with Saddam Hussein's regime still in effective and dedicated public servant, Ernie high regard for LEE is shared by the very wide power. Simply put, Saddam must go. This is instilled a feeling of family to Monterey County circle of people who have known and ob- not a simple task. Even when the international administration. served him, not only by those of us in the community was unified and the United States Monterey County was extremely fortunate to Congress, but also by people across the coun- was energized, solutions were few and far be- hire Ernie Morishita away from Fresno County try and in the far corners of the earth. His tween. in 1983 to become our County Administrative sound and well-reasoned judgment, his un- Some suggest that our nation should go to Officer. Ernie managed the 24 departments swerving integrity, his unfailing courtesy, his war and rid the Persian Gulf of the threat and over 3,700 employees with a combination intellect, and his very wise and deep knowl- posed by Saddam. We may yet be compelled of skill and good humor. It was under his lead- edge of matters foreign and domestic have to do so, but before we put American lives at ership that an economic development program built his exceptional reputation that reflects to risk in that far away land, we have a duty to was implemented, bringing stability to County favorably on the people of Indiana who have explore the alternatives. One alternative is to coffers in the face of such onslaughts as the elected him to Congress an amazing seven- assist freedom-loving Iraquis. economic downturns of the early 1990's and teen times. Consider the people of Iraq who have no the erosion of property tax income due to There have been very few if any Members say in their future. Because of Saddam Hus- changes in State formulae. in the U.S. House of RepresentativesÐfor E1858 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 decades at leastÐwho is more knowledgeable the eighties and six in the nineties. Employ- TRIBUTE TO THE LATE FRANK and respected on foreign affairs issues than ment has climbed from 132 in 1948 to more ANGELO SIINO Representative LEE HAMILTON. Whether serv- than 800 today, making the plant one of the ing as the Chairman or recently as the senior largest industrial employers in the area. When HON. SAM FARR minority member of the House Committee on wages, purchases and taxes are considered, OF CALIFORNIA International Relations, he has consistently the plant and employees are responsible for IN THE HOUSE OF REPRESENTATIVES provided the leadership our country needed on adding more than $85 million each year to the these international issues. This had been true local economy which, in turn, creates an esti- Thursday, October 1, 1998 even when his analysis and convictions on mated 4,500 jobs for others in the community. Mr. FARR of California. Mr. Speaker, I rise such issues compelled him to stand almost Rohm and Haas' most far-reaching joint in- today to observe the passing of Frank Angelo alone against a tide of emotionalism and irra- dustry/community safety and environmental Siino, who died in August 1998. He was a tionality. First and foremost, this Member ad- improvement effort is the ``Responsible Care master boatwright who carried on the tradi- mires LEE HAMILTON, as others do, for keeping Program'' developed by the Chemical Manu- tions of his family, a long line of boat builders. his focus on the American national interest facturers Association (CMA). It requires that Frank and his brother Raymond followed in and insisting, that against all pressures, it participating companies pledge to the commu- their father's footsteps by working in the Siino would remain his guide. nity, in writing, to improve health and safety Boat Works on Cannery Row in Monterey, This Member wants Representative HAMIL- and environmental protection. In this regard, California. They build feluccas, boats built TON's constituents in Indiana to know, too, that Rohm and Haas conducts periodic self-evalua- upon the ancient double-ended, lateen-rigged despite his necessary attention to all these tions and reports publicly on releases of toxic design used since time immemorial in the complex and demanding international issues materials in the air, land and water, along with Mediterranean. Liboria, an Italian felucca and despite flattering acclaim, LEE HAMILTON plans for reducing them. They also invite third which the brothers built and named for their kept his feet on the ground, his gaze on the parties into the plant to see what is being mother, now hangs in the Monterey Bay horizon, and his focus ``away back home in In- done. Aquarium as a prime example of a craft used diana.'' Always a Hoosier, LEE was born and Rohm and Haas is also committed to invest- by fisherman in Monterey. Frank's skill at bred to understand and honor the views, inter- ing in comprehensive programs designed to molding wood and repairing boats was innate. ests, and values of his constituents. He al- reach many deserving sectors of the commu- His friend Mike Maiorana said ``He was an au- ways has so naturally demonstrated the self- nity including youth, education, family, culture, thentic boatwright. When you'd see him at his confidence and judiciousness in decisions and the arts, health and the mentally and phys- band saw cutting out a compound curve, you the humbleness in demeanor that springs from ically challenged, as well as supporting local couldn't tell where the wood left off and he a deep understanding and respect for what it industry and community efforts to improve the began.'' means to truly serve the people who elect one quality of life in neighboring communities. The Frank's knowledge of authentic wooden in our representative democracy. Indianans plant contributes approximately $100,000 a boat-building was sought out by many, and, as and all Americans can take a full measure of year to charitable causes and employees a consequence, Frank became a teacher and pride in our distinguished colleague's extraor- make a significant impact as active volunteers, a mentor. Although today's commercial boats dinary service to America. donating more than $150,000 a year to the are fiberglass, steel and aluminum, wooden In concluding, this Member wants to convey United Way alone. Employee volunteers are boats by Frank Siino still ply the waters of to LEE HAMILTON, our distinguished colleague rewarded through Rohm and Haas' Volunteer Monterey Bay. Frank built The Holiday from from Indiana, and to his wonderful life, Nancy, of the Year Program, which rewards outstand- scratch, and she still works as a charter fish- who undoubtedly has been crucially important ing individuals efforts while financially support- ing boat. Her sister, the Miss Monterey, works to his public service, this Member's great ap- ing the organizations they represent. out of Morro Bay as a charter boat. The last preciation and admiration for the extraor- Mr. Speaker, I congratulate Rohm and Haas boat Frank made, the Anthony Boy, is docked dinarily important public service you have ren- Texas Incorporated on being named the Deer in Moss Landing. As a part of his legacy, it dered to our nation. LEE, undoubtedly you Park Chamber of Commerce 1998 Industry of must be noted that Frank created a boat for have so much yet you can offer. All of us, who the Year. This honor is well deserved for their the Dennis the Menace Park, The Turkey, for have had the privilege to serve with you in the work in expanding business and job opportuni- children to climb on, and in doing so physically Congress, wish you every good opportunity ties, establishing safer conditions for workers, learn about the boat which so gracefully illus- and success in that respect, and also to and initiatives to protect and improve the envi- trates a way of life in our region. Nancy, you, and your family in your life to- ronment, while supporting a comprehensive My thoughts are with the family, Frank's gether. program committed to strengthening commu- wife Lucille, his brother Raymond, his sister f nity relations by supporting employees volun- Rose, and his sons, Randy, Andy and Mark. teer activities and making corporate contribu- Their loss is a profound one. Frank Angelo HONORING ROHM AND HAAS tions to deserving sectors of the community. Siino created and maintained more than TEXAS, INCORPORATED f wooden boats in Monterey, he maintained our history. HON. KEN BENTSEN PERSONAL EXPLANATION f OF TEXAS CONFERENCE REPORT ON H.R. 6, IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM L. JENKINS HIGHER EDUCATION AMEND- OF TENNESSEE Thursday, October 1, 1998 MENTS OF 1998 IN THE HOUSE OF REPRESENTATIVES Mr. BENTSEN. Mr. Speaker, I rise to con- gratulate Rohm and Haas Texas Incorporated Thursday, October 1, 1998 SPEECH OF for their selection by the Deer Park Chamber Mr. JENKINS. Mr. Speaker, due to a death HON. DOUG BEREUTER of Commerce as the 1998 Industry of the in the family, I was unable to be present to OF NEBRASKA Year. vote on Monday, September 28, 1998, for the IN THE HOUSE OF REPRESENTATIVES Rohm and Haas Texas Incorporated has following votes: been a responsible member of the Deer Park Roll Call No. 473ÐH.R. 3150ÐI would have Monday, September 28, 1998 community for 50 years, safely manufacturing voted ``yea'' Mr. BEREUTER. Mr. Speaker, this Member chemicals for use in the disposable diaper, Roll Call No. 472ÐH.R. 4060ÐI would have rises today to express his opposition to a par- automobile, paint, coatings and communica- voted ``nay''ÐThis contains no funding for the ticular provision in the H.R. 6 Conferene Re- tion industries. Construction on the Deer Park Tennessee Valley Authority to perform naviga- port, which would increase the Ginnie Mae Plant began in 1947 and in July of the follow- tion and flood control for the citizens of the guaranty fee to nine basis points effective on ing year, the first shipment of acetone cyano- First Congressional District of Tennessee. This October 1, 2004Ða three basis point increase hydrin was made to another Rohm and Haas is unfair because navigation and flood control over the current level. This provision was not plant in Pennsylvania to produce acrylic sheet. are paid for in every section of the country. included in the House version of H.R. 6 legis- The Deer Park Plant would become the Roll Call No. 471ÐH.R. 4103ÐI would have lation. However, the Senate version did con- company's largest and most productive with voted ``yea'' tain this three point increase in the Ginnie five major expansions in the fifties, followed by Roll Call No. 470ÐH.R. 3891ÐI would have Mae guaranty fee. Unfortunately, the H.R. four in the sixties, two in the seventies, two in voted ``yea'' Conference Report which includes this Senate CONGRESSIONAL RECORD — Extensions of Remarks E1859 passed provision is both illconceived and con- that they decided to compete against semi- also become a major venue for important con- trary to the spirit of promoting home owner- professional bands in Grade II at the Rothesay ferences on human rights and the humani- ship. Highland games after winning the juvenile divi- tarian dimension. Under current law, Ginnie Mae guarantees sion. They placed second overall and first in This is one area where I believe our foreign payments to ivestors if mortgage servicers are drumming. assistance has played, and I trust will continue unable to make the scheduled payments. In At the World Pipe Band Championships, the to play, an important role in assisting our turn, the mortgage servicers are charged a band dedicated its performance to retiring friends in Russia to promote and further the present guaranty fee of six basis points. headmaster Henry L. Walters, Jr. Mr. Walters cause of rule of law and civil society. This Member is opposed to a three basis has been headmaster since 1964 and was in- f point increase in the Ginnie Mae guaranty fee strumental in promoting this program. For a for the following two reasons. short time, he even taught drumming. IN HONOR OF THE ORCHARD CIVIC No. 1. The cost of a three basis point in- Mr. Speaker, against overwhelming odds ASSOCIATION crease will likely be passed in part to the these young men distinguished themselves homebuyer. not only by their outstanding performance, but HON. DENNIS J. KUCINICH This provision in the H.R. 6 Conference Re- by their example to others in their school and OF OHIO port will increase the costs of a mortgage community. Every day, we fight the battle to IN THE HOUSE OF REPRESENTATIVES servicer to lend. While some of this increase keep music and the arts viable and funding for Thursday, October 1, 1998 in basis points will likely be borne by the mort- our schools at a level which permits such gage servicer, it is inevitable that some of this achievements. These young people are an ex- Mr. KUCINICH. Mr. Speaker, I rise today to increase will be passed to the homebuyer as ample of what can be accomplished when the extend my best wishes to the Orchard Civic an unncessary tax for buying a home. This necessary support is present. It is up to many Association of Cleveland, Ohio, as they cele- Member is opposed to passing on such avoid- of us in this body to ensure that all our chil- brate their 40th anniversary in the 71st Har- able costs to the homebuyer. dren have the opportunity to achieve their vard area. Throughout the years, this organi- No. 2. The Senate had earlier rejected an dreams. zation has been dedicated to diligent commu- increase in basis points for the Ginnie Mae To the students I say congratulations for an nity service in their neighborhood. guaranty fee. outstanding tour. To their families, teachers, Ths mission of the Orchard Civic Associa- On July 17, 1998, the Senate in considering friends and classmates, I say thank you for tion consists of informing residents about the fiscal year 1999 VA/HUD appropriations supporting these young men with your love, neighborhood issues and new information con- bill, tabled the Nickles Amendment by a 69±27 guidance and, friendship. We all make a dif- cerning the 71st Harvard area, working with vote. The Nickles Amendment would have in- ference. the Councilman to resolve neighborhood con- creased the Ginnie Mae guaranty fee by six f cerns, as well as learning and becoming well- basis points. The VA/HUD appropriations bill informed about the City of Cleveland. The As- appears to be a more suitable forum for de- THE ANDREI SAKHAROV MUSEUM sociation has been gathering at Sacred Heart bate and consideration of such a guaranty fee of Jesus Church to hold interesting and news- increase than in H.R. 6 Conference Report. HON. CHRISTOPHER H. SMITH worthy meetings, often highlighted by a In closing, this Member opposes the provi- OF NEW JERSEY speech from Councilman Edward Rybka. sion in the H.R. 6 Conference Report which IN THE HOUSE OF REPRESENTATIVES The Association's hard work and determina- tion clearly shows through their numerous ac- increases the Ginnie Mae guaranty fee by Thursday, October 1, 1998 three basis points. complishments. The group has ensured that f Mr. SMITH of New Jersey. Mr. Speaker, we the United Parcel Service expansions were have heard a lot of discouraging news from compatible with the surrounding neighborhood, HONORING SAINT THOMAS Russia of late. We are told that the Russian addressed concerns about truck traffic, EPISCOPAL SCHOOL’S PIPE BAND economy is at a dead end, the currency is col- pushed for poorly maintained housing to be lapsing, political reform is stalled, and the mili- brought up to code, as well as worked with the HON. KEN BENTSEN tary is deteriorating to a dangerous point. Councilman to renovate homes and build new OF TEXAS Moreover, it appears that a good deal of the ones. They have also worked to reduce crime IN THE HOUSE OF REPRESENTATIVES money that the U.S. Government has ex- and increase the number of police officers in tended to Russia through grants or loans has the neighborhood and joined with the Warner Thursday, October 1, 1998 beenÐat bestÐineffective. Turney neighborhood to get the Harvard Mr. BENTSEN. Mr. Speaker, I rise to con- Nevertheless, I would like to point out one Refuse Landfill closed for all dumping, except gratulate Saint Thomas Episcopal School's small project where I believe U.S. contribu- building debris. Pipe Band in Houston, Texas, winners this tions have been wisely used and appreciated With all their success, the future of this or- summer of the World Championship Bagpipe in Russia. I am referring to the Andrei ganization looks promising. Their future goals competition in Glasgow, Scotland. Sakharov Museum and Public Center in Mos- will focus on plans to tackle absentee land- St. Thomas's Episcopal School is a private cow, named in memory of the distinguished lords, get housing code enforcement, and con- parochial school located in Houston. Founded human rights activist of the Soviet era. The tinue to address local issues. in 1955, it has an enrollment of more that 675 museum was established through the efforts My fellow colleagues, please join me in hon- students in grades K±12. St. Thomas' Pipe of the late Dr. Sakharov's wife and fellow oring Cleveland's Orchard Civic Association Band is just one example of the school's com- human rights activist, Dr. Elena Bonner, along on 40 years of exceptional service in their mitment to producing world class students and with many other friends of freedom. The mu- neighborhood. Their dedication has brought citizens. seum director is Yuri Samodurov. substantial changes to the 71st Harvard area In August, Saint Thomas Episcopal School's The U.S. Government, through the Agency and its residents. I would like to extend them Pipe Band won five championships in Canada for International Development, has been pro- my best wishes for their future work. and Scotland: the North American Champion- viding financial assistance to this worthwhile f ship, the North Berwick Championship, the project. Naturally, the museum management World Juvenile Championship, the Rothesay has been seeking domestic funding and would A TRIBUTE TO STANLEY J. DAILY Championship, and the Cowal Pipe Band like to be self-sufficient in the future. Championship. No American pipe band has When I visited the museum in January of HON. ELTON GALLEGLY won so many international championships in this year, Mr. Chairman, I was very impressed OF CALIFORNIA such a short time. That a group of 30 school- by the layout and the thoughtfulness of the ex- IN THE HOUSE OF REPRESENTATIVES boys from Texas achieved this feat is remark- hibits. There are permanent sections dedi- able. This is the third time that Saint Thomas' cated to the Bolshevik Revolution, political Thursday, October 1, 1998 Pipe Band has won a world championship, the prisoners, and ``perestroika,'' as well as tem- Mr. GALLEGLY. Mr. Speaker, I rise to honor most for any American band. porary exhibits devoted to human rights issues a native son of my district, a man who kept Band director Michael Cusack had band currently facing Russia. The library contains a true to his roots and served his country and members practicing three times a week for wide collection of human rights publications, community with distinction. several months before the trip. By the time dissident literature, and of course, the works Stanley J. Daily will step down soon from they got to Scotland they were playing so well of Dr. Sakharov himself. The museum has the Camarillo City Council, a post he has held E1860 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 since the city's founding in 1964. He holds the The entire area lost a notion of security that a center to celebrate their cultural and historic record as the longest-serving member of the can never be recovered. The town will never traditions. City Council. He served six years as mayor be the same. Perhaps the only good to come The Congregation and its Synagogue have and eight years as vice mayor during his dis- from this tragic situation is the story of a rav- a storied history. The first meetings in 1898 tinguished tenure. As impressive as this is, it aged community coming together to rebuild were held in the home of Mr. Hirsch Cohen is only a small part of the unselfish service lives. with High Holiday Services taking place in that the son of Frank and Frances Daily and In this story four true heroes took the lead Colchester's Grange Hall. Four years later, in the grandson of Ventura County pioneer W.P. to restore peace and harmony in the grief- 1902, the Congregation bought a house on Daily has shown to his community. stricken town. Department of Public Safety Windham Avenue and converted it into its first Mr. Daily has served as a commissioner of Troopers, Joe Frank Martinez, Jimmey Synagogue. A new Synagogue was built on the Local Agency Formation Commission and Granato and Robert ``Cinco'' Clark and Judge Lebanon Avenue in 1913. The Ahavath Achim as a director of the Ventura Regional Sanita- Dorothy Weddle emerged as heroes that set Synagogue was rebuilt in 1960, just next to tion District. He was an elected commissioner an example for us all. From the moment the the 1913 site. for 18 years of the Port Hueneme, Oxnard realization of disaster hit, these four took the As I stated in a recent letter to the Con- Harbor District. He also served as president of lead in the search for the missing persons. gregation, much has changed over the past the international body, the Pacific Coast Asso- They went above and beyond the call of duty, 100 years. The Synagogue has been rebuilt. ciation of Port Authorities, which is composed working days and nights for two weeks The community is much larger and men and of all the west coast ports of Canada and the straightÐall for the unselfish purpose of help- women now sit together during services. The United States, including Hawaii and Guam. He ing families reunite with lost ones. state of Israel has gone from being a dream also served as a member of the executive Officers Martinez, Granato and Clark started to a reality. However, much has stayed the committee on the Ventura County Association with a list of approximately 267 missing per- same, as bar and bat mitzvahs, weddings and of Governments and has been a member and sons and used every resource available to holidays still bring the community together. chair of the Camarillo Sanitary District. track down these people. After poring over People continue to join together in faith to cel- In addition, Mr. Daily is a founding member phone books utility bills, social security and ebrate the great milestones of life. and past chairman of the Ventura County drivers' license records, these dedicated offi- And so, Mr. Speaker, I offer my most sin- Council of Governments, chaired the Cities cers went from door to door in their diligent cere congratulations to Congregation Ahavath Select Committee and served on the Regional search for the missing. Through their tireless Achim. One hundred years together as a com- Council of Southern California Association of efforts, these men were able to reduce the munity is an important milestone. I join the Governments. missing people list from 267 to five. Had it not community in looking forward to the next 100 And, that's not all. In his spare time, Mr. been for their initiative, the missing list would years. Daily is an active member of the Pleasant Val- not be down to what it is today. f ley Lions Club and the Noontime Optimist Unfortunately, the search did not always Club of Camarillo, both of which are active in end with a joyous reunion. All too often, the CITY OF MANITOWOC HONORS assisting our youth. He served as a board hunt ended with yet another casualty added to SLAIN POLICE OFFICER member on the Ventura County Council of the the death toll. Judge Dorothy Weddle notified Navy League of the United States and is a and comforted families of the deceased so HON. THOMAS E. PETRI charter member and parliamentarian of the they could focus on more important things OF WISCONSIN Pleasant Valley Historical Society and Mu- than bureaucratic procedures. She provided IN THE HOUSE OF REPRESENTATIVES seum. He was also a longtime board member support to families when they needed it most. Thursday, October 1, 1998 of the Port Hueneme Boys & Girls Club. I would like to commend these four people The former U.S. Army officer graduated cum for their leadership, their dedication, and most Mr. PETRI. Mr. Speaker, this past Monday, laude from the University of California, Santa of all, their tireless efforts to help others. Their September 28th, more than 700 law enforce- Barbara, where he also earned his General endeavors will always be remembered by ment officers from throughout Wisconsin and Secondary Credential for graduate work in his- those whose lives they touched and by those the Midwest gathered at First Reformed tory. In 1960, he became a teacher in the families they helped to reunite. They helped to Church in Oostburg, Wisconsin to pay their re- Oxnard Union High School District, where he restore harmony to a town wracked by disas- spects to police officer Dale Ten Haken. served as department chairman of the Social ter. Officer Ten Haken, a member of the Science Department and Director of Activities f Manitowoc, Wisconsin police force, was shot for about 35 years. to death on the evening of September 23rd Mr. Daily also found time to be a family ONE HUNDRED YEARS OF during a seemingly routine traffic investigation. man. He and Liz have been married for more CONGREGATION AHAVATH ACHIM A five-year veteran of the Manitowoc Police than four decades and has raised four sons, Department, Dale was a dedicated public all of whom are now married as well. Stan and HON. SAM GEJDENSON servant who loved police work, the career he Liz are blessed as well with seven grand- OF CONNECTICUT had chosen as had his father and two brothers children. IN THE HOUSE OF REPRESENTATIVES before him. Dale was 27 years old, and was engaged to be married in a few months. As one might expect, Mr. Daily has won nu- Thursday, October 1, 1998 merous local and statewide awards and rec- The sorrow shown by the officers who came ognitions for his service to his community and Mr. GEJDENSON. Mr. Speaker, I rise today together to honor Dale as one of their own is his profession. I add my voice to those who to pay tribute to an extraordinary community in shared by the people of Wisconsin and espe- have praised Mr. Daily over the years, thank my district. This year the Congregation cially by the citizens of Manitowoc whom he him for his enormous service, and wish him Ahavath Achim celebrates its Centennial Anni- served. Because Dale's death was the result godspeed in this retirement years. versary. of a senseless, unprovoked and unnecessary f As a motto for the Centennial celebration, attack, the people's grief is compounded by a the Congregation chose the phrase ``Rooted in sense of anger and bewilderment. THE DEL RIO FLOOD HEROES the past, reaching for the future.'' Nothing Officer Ten Haken had stopped four teen- could better capture the spirit of what this an- agers to investigate why the car they were HON. HENRY BONILLA niversary is about more than that. An anniver- driving had no license plates and the head- OF TEXAS sary ceremony is not only about remembering lights were not turned on. As he called for an- IN THE HOUSE OF REPRESENTATIVES the past, but about taking the lessons of the other officer to assist him, he was shot three past and looking toward the future. times in the back. Although formal charges will Thursday, October 1, 1998 In a century that has been marred by East- not be filed until next week, it appears the two Mr. BONILLA. Mr. Speaker, on August 23, ern European pogroms, two world wars, the 17-year old suspects feared a return to the 1998, the residents of Del Rio and other occupation of the land of Israel, intolerance local judicial system. Both have prior police Texas border communities were hit with a and a continuous struggle to exercise a basic records and were currently wanted for bail and devastating flood caused by Tropical Storm human rightÐthe freedom of worshipÐthis probation violations. Charley. Nine people lost their lives. Five peo- community has endured and grown stronger. In Manitowoc, an official period of mourning ple are still missing. Over 600 families lost Congregation Ahavath Achim has provided continues until Saturday morning, October 3rd, their homes and all their worldly possessions. Jews in eastern Connecticut with a home and when a public memorial service for Dale Ten CONGRESSIONAL RECORD — Extensions of Remarks E1861 Haken will be held in Washington Park. It is protect kids in a manner that puts real teeth A TRIBUTE TO THOMAS MORE fitting, if ironic, that the memorial service take into privacy protections must be addressed for HIGH SCHOOL place in this common area in the center of the the Internet to grow as a commercial medium. city, a lovely spot where the suspects and What may have worked for privacy protection HON. GERALD D. KLECZKA other young people have been known to hang or parental empowerment in the phone or OF WISCONSIN out and pass time. cable or TV industry may not adequately serve IN THE HOUSE OF REPRESENTATIVES Mayor Kevin Crawford, in a newspaper col- as a model when these technologies con- Thursday, October 1, 1998 umn this week in the local Herald Times Re- verge. Therefore I believe we must pursue Mr. KLECZKA. Mr. Speaker, I rise today to porter, has issued a wake-up call for the peo- other creative alternatives. ple of his city, asking for a renewed focus on honor Thomas More High School of Milwau- and commitment to youth. Said Crawford, ``We Mr. Speaker, I believe that we must recog- kee, a 1997±98 recipient of the U.S. Depart- need to `wake up' Manitowoc. Dale Ten Haken nize that children's privacy is a subset of a ment of Education's Blue Ribbon School award. This award honors some of the na- wants us to. In our homes and our schools parent's privacy rights. The bill I am introduc- tion's most exemplary schools for their chal- and our churches we need to decide if we're ing today is premised on the belief that re- lenging curricular, excellent teachers, family giving our kids everything they need to grow gardless of the technology that consumers and community partnerships, and high student up good and strong and moral.'' use, their privacy rights and expectations ought to remain a constant. Although the bill performance. Unfortunately, senseless acts of youth vio- Thomas More has a long tradition of excel- deals in detail with Websites with respect to lence crowd today's headlines, and we search lence in education. Beginning with the school's for the causes for young lives that spin out of children's privacy, ultimately I believe that in predecessors, Pio Nono High School, Don control. As we ponder the whys and the era of convergence we will need to har- Bosco High, and the St. Francis Minor Semi- wherefores of this particular Wisconsin trag- monize rules across media. Whether consum- nary, Thomas More has consistently provided edy, we mostly feel a sense of tremendous ers are using a phone, a TV clicker, a satellite academic excellence grounded in a faith loss for a good man who died much too dish, or a modem, every consumer should based education. As an alumnus of Don young, a police officer who gave up his life enjoy a Privacy Bill of Rights for the Informa- Bosco, I am proud of this very special recogni- while protecting those of his fellow citizens. tion Age. These core rights are embodied in a tion. Dale Ten Haken's name will be the first one proposal I have advocated for many years and Thomas More is the only high school in the added to the new monument to fallen I call it ``Knowledge, Notice and No.'' I hope to State of Wisconsin to be selected as a 1997± Manitowoc County police officers dedicated work with all of my colleagues in the House as 98 winner and one of only nine high schools just four months ago. Hopefully, his will be the we proceed in this important public policy area in Wisconsin to receive this prestigious award last. to instill the values of privacy and security in in this decade. The students, teachers, and As the city of Manitowoc pays tribute to our communications marketplace. staff at Thomas More are rightfully proud of Dale Ten Haken and reflects on his sacrifice, this accomplishment. But this award is also for it is fitting that this House join in commemorat- In short, I believe the Congress ought to the parents, alumni and members of the com- ing the life of a man committed to serving oth- embrace a comprehensive policy whereby munity who have tirelessly given their time ers and to making a difference. consumers and parents get the following 3 and support to help make Thomas More a f basic rights: very special place. (1) Knowledge that information is being col- To the students, faculty and friends of INTRODUCTION OF THE ELEC- lected about them. This is very important be- Thomas More, my sincere congratulations on TRONIC PRIVACY BILL OF being named a National Blue Ribbon School RIGHTS ACT OF 1998 cause digital technologies increasingly allow people to electronically glean personal infor- of Excellence. It is an honor that is well de- served. mation about users surreptitiously. I would f HON. EDWARD J. MARKEY note here that many Internet browsers, for ex- OF MASSACHUSETTS ample, use ``cookies''Ða technology that can TRIBUTE TO JIM AND CAROL IN THE HOUSE OF REPRESENTATIVES identify and tag an online userÐunbeknownst YARBROUGH Thursday, October 1, 1998 to the userÐand keep track of what Web sites Mr. MARKEY. Mr. Speaker, I rise to intro- a person visits. HON. NICK LAMPSON duce the ``Electronic Privacy Bill of Rights Act (2) Adequate and conspicuous notice that OF TEXAS of 1998'' This issue of privacy in the informa- any personal information collected is intended IN THE HOUSE OF REPRESENTATIVES tion age and in particular, children's privacy by the recipient for reuse or sale, or con- Thursday, October 1, 1998 protection, is quite timely as the nation be- versely, to allow consumers to give notice Mr. LAMPSON. Mr. Speaker, I rise before comes ever more linked by communications electronically to indicate the particular privacy you to recognize Jim and Carol Yarbrough, an networks, such as the Internet. It is important preferences of the consumer. exceptional couple who share a love for learn- that we tackle these issues now before we And, (3) the right of a consumer to say ``no'' ing. This love for learning has been realized in travel down the information superhighway too the form of the College of the Mainland Foun- far and realize perhaps we've made a wrong and to curtail or prohibit such reuse or sale of their personal information. dation's Jim and Carol Yarbrough Scholarship turn. Endowment. The legislation I am introducing today picks In addition to the children's privacy provi- Carol Annette Urbani Yarbrough met James up on the excellent work of the Federal Trade sions, the bill is structured so that in Title II Daniel Yarbrough in the summer of 1973 at a Commission in its investigation of the privacy the FCC and the FTC ascertain whether there dance. She was a junior at O'Connell High practices prevalent on the Web and in particu- are technological tools that can empower con- School, on her way to becoming valedictorian lar children's privacy practices. The legislation sumers and parents before taking additional of her class. He was a senior at Ball High contains children's privacy protections similar action to protect the public. The bill also re- School and a star football player, on his way to those contained in a Senate bill offered by quests the agencies specifically determine if to leading the University of Texas Longhorns Senator BRYAN (D±NV)Ðas well as provisions there are industry standards and practices that to a Southwest Conference football champion- that pertain to adult privacy that are contained embody this electronic Privacy Bill of Rights. ship. in my previous privacy legislation (H.R. 1964). Where technological tools don't exist, or where After graduating from O'Connell in 1975 at These are critical issues for the growth of a particular industry refuses to embrace this the head of her class Carol moved on to UT electronic commerce and I hope that we can code of electronic ethics in a way that solves where she majored in math, graduated in a legislate on these issues yet this Congress. the problem, then the government is obliged to record 3 years and returned to Galveston to Mr. Speaker, the issues of child and adult start her own business, Yarbrough Financial step in and reinforce protection of privacy privacy in an electronic environment, must find Services. Jim, as much a competitor off the rights. its ultimate solution in a carefully conceived field as he was on, was named to the All- and crafted combination of technology, indus- Again, I look forward to working with my col- Southwest Conference football team, com- try action, government oversight or regulation. leagues in the House on important children's pleted his B.B.A. degree at UT in 31¤2 years Without question, the issues posed by ad- privacy issues this session and on other areas and returned to Galveston to launch a suc- vances in digital communications technology of online privacy as the debate moves for- cessful business career before being elected are tremendously complex. Again, how best to ward. Galveston County Judge in 1994. E1862 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Jim was elected to the Galveston Independ- measure is similar to the House-passed bill IN HONOR OF THE CUYAHOGA ent School District Board of Trustees and and contains key Democratic priorities. The COUNTY PUBLIC LIBRARY served a 4-year term from 1991±94 during heart of this measure is its student aid pro- which time a successful bond issue permitted grams, which are authorized under titles III HON. DENNIS J. KUCINICH major construction and renovation of GISD fa- and IV. These critical programs expand post- OF OHIO cilities. In 1994, he was a successful can- secondary educational opportunities for all stu- IN THE HOUSE OF REPRESENTATIVES didate for the Galveston County Judge, a dents and increase the affordability and acces- leadership position he has held since and from sibility of a college education for many of our Thursday, October 1, 1998 which he has earned much praise for his ef- Nation's families. Mr. KUCINICH. Mr. Speaker, I rise today to forts to streamline county government. The I am very pleased with the historic increases honor the Cuyahoga County Public Library for Galveston County Daily News and the Boy for the Pell Grant program, included in H.R. 6. 75 years of serving its community. Throughout Scouts of America both honored him in 1996 This critical program provides need-based aid its existence, the library has earned a reputa- as their Citizen of the Year. for undergraduate students. As such, H.R. 6 tion for conducting innovative programs and During the past 10 months, Jim and Carol raises the maximum authorized level for Pell providing valuable services which have be- Yarbrough and their family have faced per- Grant awards from the current appropriation of come models for libraries across the nation. haps their greatest challenge with the discov- $3,000 a year, to $4,500 for the 1999±2000 When the state legislature passed a law en- ery of Carol's breast cancer. They recognized academic year, to $5,800 for the academic abling the establishment of a county district li- immediately the value of educating others to year 2003±2004. brary for any area not served by a free public library, the ever-increasing population of Cuya- the challenge of cancer when they chose to In addition, the Conference Report makes hoga County saw an opportunity to build a li- share their story with the people of Galveston some critical changes to the needs analysis brary in its community. The Cuyahoga County County, and, indeed, all of us. Carol now visits formula used to determine the size of a stu- Public Library was the first to be organized all the Galveston County high schools as a dent's Pell Grant and other Federal student under the new law. volunteer with the ``Check It Out'' program to aid awards. It increases the amount of income The library rendered its services through educate junior and senior girls about breast that families may exclude from calculationsÐ schools, which proved to be the best way to cancer. to determine what they should contribute to Since education has been an important part serve residents eager for this resource. The the cost of educationÐand decreases the per- of Jim and Carol Yarbrough's success, the schools had ample space and were willing to centage of a student's assets that must be College of the Mainland Foundation believes a provide the available quarters rent-free. Ac- contributed toward the cost of their education. scholarship named for this remarkable couple cording to the County Library Report for 1924± will help current and future students succeed. This measure also lowers interest rates of 1925, eight branches and 49 stations and Once again, I commend the Yarbroughs for student loans from the current 8.25 percent to classroom libraries were opened to the public. their leadership in my community. 7.46 percent. This is the lowest level in 17 As it continued to expand throughout the f years and will result in students experiencing years, the Cuyahoga County Library was re- $11 billion in savings over the life of their structured within the framework of a regional TAIWAN’S NATIONAL DAY loans. library system. It grew to include in-depth col- And, despite Republican efforts to eliminate lections and subject specialities in specific HON. EVA M. CLAYTON the Federal Direct Loan Program, H.R. 6 areas of study. Annual circulation grew from OF NORTH CAROLINA strengthens both the Direct Loan and the Fed- six million in 1965 to 10 million by the mid- IN THE HOUSE OF REPRESENTATIVES eral Family Educational Loan programs. This eighties. will continue to provide colleges and univer- Today, this library has reached such suc- Thursday, October 1, 1998 sities with the opportunity to choose the most cess that it is ranked among the 10 busiest li- Mrs. CLAYTON. Mr. Speaker, as I rise appropriate program for them. brary systems in the nation. It has 29 loca- today to welcome Taiwan Representatives Mr. Speaker, while I am pleased with each tions, serving 47 suburban communities with a Stephen Chen and Mrs. Rosa Chen to the na- of these commitments, I am particularly proud population of approximately 608,000 people. I tion's capital, I hope the Republic of China will of the provisions included in H.R. 6 that were am pleased to honor such an achievement on be able to return to the United Nations and specifically designed to expand educational the 75th anniversary of the Cuyahoga County other international organizations as soon as opportunities for underserved and minority stu- Public Library. possible. dents. One such report is the establishment of f As an economic power and a symbol of de- the ``Gear Up Mentoring Initiative,'' which was CONFERENCE REPORT ON H.R. 6, mocracy, Mr. Speaker, Taiwan deserves the originally introduced by Representative FATTAH HIGHER EDUCATION AMEND- world's respect and recognition. Since 1949, (D±PA)Ðand endorsed by the administra- MENTS OF 1998 the Republic of China on Taiwan has moved tionÐas the High Hopes Initiative. This pro- from an agricultural society, exporting only ba- gram is a new national effort targeted at help- SPEECH OF nanas and sugar, to a major trading nation ing disadvantaged students prepare for col- today. Moreover, the 21 million people on Tai- lege. Other important efforts include the HON. ROBERT A. UNDERWOOD wan are prosperous and free. strengthening of: the trio programs, which fund OF GUAM Lastly, Mr. Speaker, I take advantage of this outreach and students support services de- IN THE HOUSE OF REPRESENTATIVES opportunity to congratulate President Lee signed to encourage disadvantaged students Monday, September 28, 1998 Teng-hui, Vice President Lien Chan and For- to enter and complete college; historically eign Minister Jason Hu. I ask my colleagues Black Colleges and Universities: and Hispanic- Mr. UNDERWOOD. Mr. Speaker, through to join me in wishing them good luck as they serving institutions. bipartisan efforts, we have before us a piece celebrate their National Day on October 10, of legislation which will assist students, teach- Other important provisions include those fo- 1998. ers, parents and educational administrators for cused on improving teacher quality, prepara- f the next five years. As an educator and former tion and recruitmentÐand providing scholar- educational administrator, I know that compo- CONFERENCE REPORT ON H.R. 6, ships, support and services to recruit and pre- nents of the bill, such as increasing Pell Grant HIGHER EDUCATION AMEND- pare teachers to serve, for at least 3 years, in limits and lowering interest rates on student MENTS OF 1998 underserved urban and rural schools. loans, provide students the security of pursu- These are all critical investments that will ing their educational goals without fear of fi- SPEECH OF continue to go a long way in leveling the play- nancial constraints. Improving teacher quality HON. LOUIS STOKES ing field of educational opportunity for all of and strengthening minority institutions of high- our Nations' students. As such, it is absolutely OF OHIO er education is also a strong signal that the essential that they continue to receive IN THE HOUSE OF REPRESENTATIVES United States is committed to enhancing stu- strengthened and sustained support. dent education as well as leveling the playing Monday, September 28, 1998 Mr. Speaker, I urge my colleagues to join field for students by continuing to assist his- Mr. STOKES. Mr. Speaker, I rise in support me in supporting the Conference Report for torically disadvantaged student populations. of the Conference Report on H.R. 6, the High- H.R. 6. This is an acceptable compromise that The Conference Report on HR 6 also con- er Education Amendments of 1998., This will benefit students across the Nation. tains language which would extend Pell Grant CONGRESSIONAL RECORD — Extensions of Remarks E1863 eligibility to the Freely Associated States What a remarkable accomplishment to be special friend of many charitable organizations (FAS) until 2004. I remind my colleagues that able to celebrate a marriage that has endured in Maryland's 7th Congressional District. He the FAS were formerly the Trust Territories of for so many years. The bond that brought came to prominence as a builder after World the Pacific Islands administered by the United them together has remained and grown over War II, when he constructed homes for veter- States under a United Nations Trusteeship. the years. May they always share the love and ans and their families in Takoma Park and Sil- Our special relationship with the FAS encom- joy they feel today. ver Spring. My husband and I fondly recall liv- passes a wide range, from defense to trade to In an era where marriages are too often ing in one of his apartments when we first education. I commend the House and Senate short lived, it is wonderful to see a couple who married. The success of Carl Freeman's build- conferees for reaching sufficient agreement to have endured the trials and tribulations that ing projects helped him gain recognition in na- continue extending federal educational pro- can cause a marriage to fail. The love and tional magazines such as House and Home, grams to FAS students at least until after the commitment they have demonstrated should Practical Builder, Better Homes and Gardens, renegotiation of the Compacts of Free Asso- serve as an inspiration to couples everywhere. and American Home and Architect Forum. ciation scheduled to begin in the year 2000. Mr. Speaker, what an achievement to be In addition to his financial success, Carl The FAS, composed of the Federated States married for 50 years. It is an honor to rep- Freeman displayed a generous spirit. He of Micronesia, the Republic of the Marshall Is- resent a couple like the Levy's. I ask that my sponsored a class of students through the I lands and the Republic of Palau, are vital se- colleagues join me, their 6 children and 11 Have a Dream Foundation, chaired the Mary- curity allies in the Pacific and each have sepa- grandchildren in celebrating this joyous occa- land Israel Bonds Committee, and was a sup- rate agreements with the United States which sion. I am proud to call them my constituents. porter of the Treatment Learning Centers, would allow for their eligibility in the Pell, Col- f United Jewish Appeal and the Jewish Commu- lege Work Study and the Supplemental Edu- nity Center of Greater Washington. cational Opportunity Programs. IN HONOR OF PETER P. DILEONE He was a major supporter of the Corcoran Mr. Speaker, education is a universal ne- Gallery of Art, the Phillips Collection, the cessity. I think that HR 6 is testimony that this HON. DENNIS J. KUCINICH Montgomery County Arts, the Museum of Afri- body is committed to continuing quality higher OF OHIO can Art, the Washington Ballet, the Washing- education. I urge my colleagues to support HR IN THE HOUSE OF REPRESENTATIVES ton Opera Society, Arena Stage Round House Theater, Olney Theater and the National Sym- 6. Thursday, October 1, 1998 f phony Orchestra. He was also chairman of the Mr. KUCINICH. Mr. Speaker, I rise today to Greater Rockville Foundation of the Arts. CONGRATULATIONS TO SUBARU honor the life of Peter P. Di Leone of Shaker Mr. Freeman was founding president of the OF AMERICA ON THEIR 30TH AN- Heights, Ohio. Mr. Di Leone was an accom- Suburban Maryland Builders Association and NIVERSARY plished man, serving his community as a law- a member of the Montgomery County Board of yer, a labor expert, and an advocate of free Realtors. He was also director of the Mont- HON. JIM SAXTON speech. gomery General Hospital. OF NEW JERSEY Born in Providence, Rhode Island, he was While we are saddened by Carl Freeman's IN THE HOUSE OF REPRESENTATIVES raised by a socialist father who loved to have death, we are grateful for his life. He inspired energetic discussions at the dinner table. He us with his dedication, warmth and friendship. Thursday, October 1, 1998 attended Adelbert College, where he played For over thirty years he played leadership Mr. SAXTON. Mr. Speaker, today I rise to half back on the football team, and then went roles in art, health and business organizations congratulate Subaru of America and its many on to law school at Western Reserve Univer- throughout Montgomery County. The thou- proud, hard-working employees on thirty years sity. sands of people who were affected by Carl in the United States. As a lawyer, Mr. Di Leone specialized in Freeman believe that he had a true gift of I am especially proud that Subaru of Amer- labor arbitration through the National Labor generosity and faith in the human spirit. Carl ica is headquartered in my Congressional Dis- Relations Board. He was among a small num- Freeman has left this world a better place for trict in Cherry Hill, New Jersey. As the only ber of experts who were chosen as permanent our children and our children's children. I am automobile company with its national head- arbitrators for rubber companies and the rub- honored to add my voice to the praises of quarters based in the Delaware Valley, Subaru ber workers union. His accomplishments were friends, colleagues, and family who will miss has an important presence in my state and awarded when he was elected to the board of him. local region. In addition to the 360 people em- governors of the National Academy of Arbitra- f ployed at its Cherry Hill headquarters Subaru tors. directly impacts more than 5,000 jobs in the Along with that honor, he was known as the THE FIGHT AGAINST BLINDNESS U.S. ``Pillar of the Cleveland City Club,'' where he Subaru's success is evident in the important served as president. The City Club was estab- HON. ILEANA ROS-LEHTINEN milestones the company has reached just this lished to encourage new ideas and a free ex- OF FLORIDA year. Additionally, Subaru's impact on the change of thought through the renowned tradi- IN THE HOUSE OF REPRESENTATIVES state of New Jersey and throughout the region tion of debate and discussion, pastimes that Thursday, October 1, 1998 through its generous charitable contributions is were embedded deep into his frame of mind. extraordinary. In 1987, he became the first person to be in- Ms. ROS-LEHTINEN. Mr. Speaker, I wish to On behalf of New Jersey's Third District, on ducted into the City Club Hall of Fame while pay tribute today to a group of constitutents this the 30th Anniversary of Subaru of Amer- still living. whom I am proud to represent. ica, I wish Subaru and its employees the best Mr. Peter P. Di Leone was a great man who ``Some people see things as they are and in their future endeavors, and thank them for led a successful and accomplished life. I say `Why?' I see things that never were and their dedication and commitment to our region. would like to express my deepest condolences say `Why not?' '' The words of George Bernard f to his daughters, Linda Klein and Paulette Shaw come to mind when I think of the group Novak, and the rest of his surviving family. He of wonderful, dedicated constituents and HONORING ROBERT AND REGINA will truly be missed by all who knew him. friends whom I have had the pleasure of work- LEVY ON THEIR 50TH WEDDING f ing with on an issue critical to millions of ANNIVERSARY Americans. Carlos and Betti Lidsky, Dr. Jaime TRIBUTE TO CARL FREEMAN Edelstein, and Dr. Jaime Suchlicki along with HON. ROBERT W. NEY the help of other dedicated volunteers of the OF OHIO HON. CONSTANCE A. MORELLA Heart Sight Committee and the Foundation IN THE HOUSE OF REPRESENTATIVES OF MARYLAND Fighting Blindness have spearheaded an effort IN THE HOUSE OF REPRESENTATIVES to bring the issue of Retinal Degenerative Dis- Thursday, October 1, 1998 eases to the attention of the American public Mr. NEY. Mr. Speaker, it is an honor to rise Thursday, October 1, 1998 and to raise awareness over the need to fund today to celebrate the 50th wedding anniver- Mrs. MORELLA. Mr. Speaker, I rise to pay critical research. Their work is tireless, their sary of Robert and Regina Levy. It gives me tribute to the late philanthropist, Carl Freeman. dedication unwavering, and the message they great pleasure to congratulate Robert and Re- Mr. Freeman was not only a prominent devel- bring to those who suffer with the disease is gina on their special day. oper and real estate manager, but was also a that someday soon, a cure will be found. E1864 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Scientists have recently made exciting new IN HONOR OF ARCHBISHOP ALOJZ nity's schools to the NAACP and other civic discoveries in the laboratory that have brought organizations. He has been a member of the us closer to discovering a cure for this group HON. DENNIS J. KUCINICH Pee Dee United Elk Lodge #1679 for over 50 of diseases that take the sight of so many OF OHIO years, and he has been a member of Amer- Americans. Just recently, Dr. Matthew LaVail, IN THE HOUSE OF REPRESENTATIVES ican Legion Post #210 for 46 of those years. along with scientists from the National Eye In- Mr. Johnson is also a dedicated member of stitute and Regeneron Pharmaceutical Com- Thursday, October 1, 1998 the Friendship Masonry Lodge #17, a 32nd pany, made significant strides in their re- Mr. KUCINICH. Mr. Speaker, I rise today to degree Mason member of the Pee Dee Con- search. With ribosyme therapy, researchers honor Archbishop Alojz Tkac, Archbishop of sistory #197, and a noble of the Mystic Shrine have now established ``proof of principle'' for Kosice and the metropolitan of Eastern Slo- Crescent Temple #148. two forms of gene therapy. To scientists, proof vakia. Throughout his career of community service, of principle signifies that there is a good basis Archbishop Alojz Tkac, a native of Mr. Johnson has received numerous awards. to move current studies to human clinical Hummenne, in the region of Zemplin Eastern In 1993 he was named Man of the Year by his trials. In previous work, gene replacement Slovakia, was ordained a priest on June 25, church, and he was recognized for working therapy has slowed retinal degeneration in 1961. After 14 years of service, Archbishop with the City-In-Schools Program as a mentor animals with recessive forms of the disease. Tkac was denied permission to serve in at Darlington Junior High. Mr. Johnson is also With these exciting breakthroughs, we are at priestly ministry by the communist party. After an accomplished musician who has played the a critical juncture where we need to support eight years of absence, Archbishop Alojz re- drums with several area bands. these research efforts. turned to his passion and was named the pas- Mr. Johnson is married to the former Hilda This month, the Heart Sight Committee, tor of the parish in Cervenica. Grayson from Beaufort, South Carolina, and headed by Carlos and Betti Lidsky, will host On February 14, 1990, Pope John Paul II they have two children and two grandsons. ``Party With a Purpose,'' in my Congressional named him the Bishop of Kasice. In 1995, the Mr. Speaker, I ask you to join with me and district. The event will provide an opportunity Diocese of Kosice was elevated to a metro- my fellow South Carolinians from the Darling- to recognize those who have contributed to politan see and Bishop Tkac became its first ton area as we pay tribute to Earl A. Johnson fighting Retinal Degenerative Diseases and to Archbishop since 1962. Pope John Paul II per- for over 50 years of dedicated community raise a portion of the much needed funds to sonally presented the Archbishop with a service. He is an excellent role model and a continue research projects, such as those of Pallium, which was worn by Metropolitans on devoted public servant. Dr. LaVail and his fellow scientists. The July 2, 1995 during the Pope's visit to Kosice. f On his third visit to the United States, Arch- Lidskys and the members of the Heart Sight A TRIBUTE TO SYRACUSE UNIVER- Committee are dedicated to not letting lack of bishop Tkac will visit several churches in the Cleveland area and meet with many prominent SITY STUDENTS ABOARD PAN research funding be the obstacle to finding a AM FLIGHT 103 cure. We need to support efforts such as members of the Slovak-American community. these because with our help, there is a cure On October 4, 1998, the Archbishop will be at- in sight. tending mass at SS Cyril and Methodius HON. JAMES T. WALSH Church in Lakewood, Ohio with Father OF NEW YORK f Ondrejka. The SS Cyril and Methodius Church IN THE HOUSE OF REPRESENTATIVES is honored that the Archbishop will be attend- Thursday, October 1, 1998 TRIBUTE TO THE REPUBLIC OF ing and is grateful for the Archbishop's efforts CHINA ON TAIWAN to preserve the Slovak tradition in Cleveland. Mr. WALSH. Mr. Speaker, this December it My fellow colleagues, join me in honoring will be ten years since the downing of Pan Am Archbishop Alojz Takac, a man who has dedi- Flight 103 over Lockerbie, Scotland. Thirty-five HON. RALPH M. HALL cated his life to God, freedom and the well- Syracuse University students, returning from a study abroad semester, were killed in that OF TEXAS being of all people. f bombing. This event had a profound effect on IN THE HOUSE OF REPRESENTATIVES the Syracuse community and time is still heal- TRIBUTE TO EARL A. JOHNSON Thursday, October 1, 1998 ing the wounds left by this terrible tragedy. Jonathan Matthew Taylor, the current Stu- Mr. HALL of Texas. Mr. Speaker, I rise to HON. JAMES E. CLYBURN dent Government Association Parliamentarian, pay tribute to the Republic of China on Tai- OF SOUTH CAROLINA has asked for the words of a predecessor, wan, on the occassion of Taiwan's forthcom- IN THE HOUSE OF REPRESENTATIVES John M. Mandyck, to be placed in the RECORD. The words of Mr. Mandyck were de- ing National Day. Thursday, October 1, 1998 The Republic of China was founded 87 livered January 18, 1989 at a tribute to the Mr. CLYBURN. Mr. Speaker, I rise to pay years ago. Throughout the twentieth century, thirty-five Syracuse University students killed tribute to Earl A. Johnson for 50 years of com- the Republic of China has been an ally and in the Pan Am Flight #103 bombing. munity service. Mr. Johnson currently acts as partner of the United States. In recent years, Along with Mr. Matthews, I believe it is ap- Mayor Pro-Tempore of the Darlington City despite the lack of formal diplomatic relations, propriate to pay tribute again. I submit Mr. Council where he has served since 1986. Taiwan has been unwavering in its support of Mandyck's speech to be placed in the record Mr. Johnson was born in Darlington, South United States policies in all areas. and invite my colleagues to join with me in re- Carolina, which I am proud to represent in the membering those students who lost their lives It is appropriate on the occassion of Tai- U.S. House, and he has lived there all of his in this terrorist attack. wan's National Day that freedom loving, life. He was educated in the public schools, A TRIBUTE—SYRACUSE UNIVERSITY FLIGHT 103 democratic societies everywhere give their and graduated from Mayo High School in MEMORIAL SERVICE CARRIER DOME, JANU- congratulations to the people of Taiwan, for 1942. He later continued his education at their abiding respect and practice of the most ARY 18, 1989 Clemson University. After years as a brick (By John M. Mandyck) respected traditions common to any true de- mason in the private sector, Mr. Johnson be- mocracy. The people of Taiwan enjoy the right We have come together today to pay trib- came a masonry instructor at the Darlington ute to our lost colleagues, friends, and loved to vote in free and regularly scheduled elec- Career Center from which he retired after 18 tions. Their judicial system shows respect for ones. Meager words that I may think or say years. He helped with the development and cannot eliminate pain or wipe away tears; the rights of the individual, and the Legislature implementation of a masonry education pro- they may unite us in one thought. May these is structured under truly representative rules. gram at the Darlington County Prison Farm words begin to ease the sorrow that has been Furthermore, the people of Taiwan have been through the Darlington Adult Education pro- felt from coast to coast, and ocean to ocean. their own best natural resource, exhibiting to gram. He also taught masonry in the evening We may not have personally known one or the world the value of hard work and a capital- classes at Florence-Darlington Technical Col- more of the students called from this life, istic spirit. but we all share a common bond to our alma lege for many years. mater and loved each of the students in our It is time for us to recognize Taiwan for Mr. Johnson is a member of the St. James own very special and personal way. I knew what it isÐa faithful ally and partner. Let's United Methodist Church where he has served one student well. His name was Frederick help Taiwan support itself by declaring our af- in many capacities. His community involve- Phillips—or ‘‘Sandy’’—as friends called him. fections and everlasting friendship for Taiwan. ment stretches from his church to the commu- Sandy wrote to me from London several CONGRESSIONAL RECORD — Extensions of Remarks E1865 times. I never had a chance to respond to his with hybrid transactions under subpart F of the TRIBUTE FOR CAPTAIN DONALD last letter. Over the semester break, I finally Internal Revenue Code. The bill will further in- COLLINS BROWN wrote that response. I gathered my thoughts struct the Secretary of the Treasury to conduct and put them on paper to Sandy. I know I won’t be sending this letter, but I thought a study of the tax treatment of hybrid trans- HON. CHRIS CANNON I’d read it here today, because I know he and actions and, after receiving input from the pub- OF UTAH the others are listening. lic, to submit the report to the House Commit- IN THE HOUSE OF REPRESENTATIVES DEAR SANDY, Time has stopped for a while tee on Ways and Means and the Senate Com- on our campus. It’s a little quieter here. Peo- mittee on Finance. Thursday, October 1, 1998 ple don’t seem to laugh as much. And it’s The subpart F provisions found in the Code Mr. CANNON. Mr. Speaker, I rise today to cold. It’s been cold since we heard the news. have a direct impact on the competitiveness of commemorate a constituent of mine, Captain For almost a month now, we’ve been mourn- Donald Collins Brown, upon his retirement ing your death and the loss of your compan- U.S. businesses in the global marketplace. ions on that flight. Our university family is Historically, Congress has moved carefully after 28 years of active duty in the United a little smaller now, but I think we’re a lit- when making changes to those sections of the States Navy. tle closer too. I think this closeness has Code pertaining to international taxation. Un- Captain Donald Collins Brown was commis- spread to all college students as seen from warranted or injudicious action in these areas sioned through the Naval Reserve Officer the dozens of sympathy letters I’ve received can have substantial impact on U.S. busi- Training Corp at the University of New Mexico from around the country. So many are shar- nesses operating abroad. in 1970. He completed flight training and was ing in our grief, Sandy, but these letters With this in mind, I was very concerned designated a Naval Flight Officer in 1971. His don’t explain your loss—I’m not sure any- sea duty tours include several fleet squadrons thing will. I’m not even sure if I should look when the Treasury Department issued Notice for answers because answers lead to more 98±11 earlier this year to restrict the use of in the A±6 Intruder. He also served at sea as questions, and questions take time. Time as hybrid transactions, which Treasury suggested Aide and Flag Secretary to the Commander I have learned is so precious. were being used ``to circumvent the purposes Carrier Group One and Chief of Staff to Com- Sandy, I’m glad I got to know you for the of subpart F.'' Treasury's actions caused Mr. mander Cruiser-Destroyer Group Three. Cap- short time you were with us at Syracuse. Matsui, me and many others to question the tain Brown commanded Attack Squadron one You made friends laugh, classrooms brighter, regulatory process Treasury intended to use to six five and Carrier Air Wing two. His shore and you made this dome a little louder for change the policy. assignments include Attack Aviation Readi- those winning touchdowns and tie-breaking ness Officer at both Commander Medium At- baskets. You made our campus better. Both Chairman Archer and Ranking Demo- Sandy, we may have lost you but we didn’t crat Rangel wrote Treasury Secretary Rubin to tack Wing and Naval Air Forces Pacific Fleet loose your spirit. I see it every day now in express their concern over the policy Treasury and most recently as Commanding Officer of others, and it’s less painful knowing a part was suggesting as well as the means by the Naval Reserve Officer Training Corp at the of you lives on. which it was implementing the change. Rather University of Utah. When I first heard the cold news, I wanted than asking Congress to consider possible Captain Brown is a Distinguished Graduate to say a prayer. I didn’t quite know what to of the Naval War College in Newport Rhode pray for, now I do. I pray that we all live our changes, Treasury was, in effect, legislating by executive fiat. Following up the letters from Island. He has completed nine extended de- lives, dream our dreams, walk forward like ployments with various Carrier Battle Groups you did when you were here with us. You and Messrs. Archer and Rangel, Mr. Matsui and I the others have taught us that life is pre- joined 31 fellow members of the Ways and in the Atlantic, Pacific, and Indian Oceans, the cious, and life too is short. I think you’d Means Committee in asking Treasury to with- Mediterranean Sea and Persian Gulf. He has want us to know that tragic thoughts, guilty draw the regulations in order for Congress to over 4,000 flight hours, primarily in the A±6 In- feelings, and profound grief tick away on our have an opportunity to review the issues. truder and has experience with the F±14, S± own timeclocks. 3 and EA±6B. His awards include two Legions So we’ve been grieving for a month now. After receiving this input from Congress and the business community, Treasury did issue of Merit, two Meritorious Service Medals, the And I told you time stopped for a while on Strike/Flight Air Medal, the Navy Commenda- our campus. Tomorrow, will you mind if we Notice 98±35, which withdrew Notice 98±11. tion Medal, and other campaign and service start the clock again? You see, Sandy, the However, the issue remains unresolved as ink is drying on this chapter of our lives. To- Notice 98±35 still leaves Treasury with the op- awards. Captain Brown and his wife, Pauline, have morrow I want to start a new chapter. You, tion of issuing binding rules regarding hybrid two children and reside in Park City, Utah. yourself, won’t be in this one because I can’t transactions. And, although the rules will not bring you back, but you’ll be guiding me— Mr. Speaker, I would like to wish Captain be finalized before January 1, 2000, they will you and the others will be guiding all of us. Brown my best and commend him on a job be effective for payments made on or after You’ll turn the pages as we write, you’ll in- extremely well done. June 19, 1998. Because Treasury still retains spire our pens. You see, we all have a respon- f sibility now . . . this book called ‘‘life’’ must this option to issue regulations and, in effect, read on. legislate in this area, I believe Congress must IN HONOR OF THE ALLEN Someday I’ll look through the book of my act to protect its Constitutional prerogative. THEATER life and in my browsing I’ll find a chapter With regard to the policy, I am concerned that ended on January 18, 1989. I’ll be grate- that proposed changes to hybrid transactions ful because you helped me turn that page HON. DENNIS J. KUCINICH would increase foreign taxes on U.S. compa- and write so many others. I’ll be thankful OF OHIO nies operating abroadÐthus putting U.S. com- that you taught me on Earth, and reminded IN THE HOUSE OF REPRESENTATIVES me from Heaven, how precious time and life panies at a competitive disadvantage with really is. their foreign competitors. Congress just sim- Thursday, October 1, 1998 Tomorrow, Sandy, we’ll be writing a new plified some of the subpart F rules in the Tax- Mr. KUCINICH. Mr. Speaker, I would like to chapter with your help. One where clocks payer Relief Act of 1997, and these, or similar, extend my best wishes to Cleveland's newly tick again, knowledge is sought again, and proposed regulations would be inconsistent people laugh again. And Sandy, with your remodeled Allen Theater in celebration of its help, I think tomorrow our campus will be a with recent Congressional action. Lastly, this grand re-opening. The Allen has stood the test little bit warmer. policy raises the question as to why the U.S. of time through many hardships to allow its Treasury Department is so concerned about f patrons to enjoy the hundreds of films and helping to generate revenue for the coffers of performances that have graced its dazzling INTRODUCTION OF LEGISLATION other countries. auditorium. I look forward to the study and input from Designed by the famous architect C. How- HON. PHILIP M. CRANE the Department of Treasury on the issue of ard Crane and built by Jule and Jay Allen, the OF ILLINOIS modifications to the subpart F provisions in the theater first opened its doors on April 1, 1921 IN THE HOUSE OF REPRESENTATIVES Code. Regardless of the merits of the pro- amidst a frenzy of publicity praising this posed changes to the subpart F policy, we $1,900,000 movie ``palace.'' Its elegant interi- Thursday, October 1, 1998 must not allow Treasury to move forward with ors included a Great Rotunda illuminated by a Mr. CRANE. Mr. Speaker, my distinguished regulations until Congress determines the ap- grand chandelier hung 33-feet above ground. colleague from the Committee on Ways and propriate course of action. The bill we intro- It held 3,080 seats and played host to many Means, Mr. MATSUI, and I today are introduc- duce today will allow for that judicious process silent films. ing legislation to prohibit the Department of to go forward and I urge my colleagues to join Even with its obvious success, the Allens Treasury from issuing any regulations dealing with us in cosponsoring this bill. would operate the theater for only a year, at E1866 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 which time Lowes took over, starting a long of their life cycle when it will do the most lion for the Round II empowerment zones succession of different owners. All brought sig- good. I have attached a summary of the Em- ($1.5 billion for urban and $200 million for nificant changes to the Allen, from its structure powerment Zone Enhancement and Rural En- rural). This section divides those funds to pro- to the actual performances that took place in- terprise Communities Act, and urge my col- vide: Urban EZs an annual grant of up to $10 side it. From 1972±76, it played host to many leagues to support this important measure. million for the next 10 years for a total of as soon-to-be-famous rockers who were looking THE EMPOWERMENT ZONE ENHANCEMENT AND RURAL much as $100 million; Rural EZs an annual to showcase their acts, such as the BeeGees, ENTERPRISE COMMUNITIES ACT grant of up to $2 million for the next 10 years Cheech & Chong and the rock band KISS. Section 2(a), (b). Selection of Additional En- for a total of as much as $20 million; and After a brief ``dark-out'', the Allen came alive terprise Communities. This section expands Rural ECs two grants of $1.5 million for the again with a techno-entertainment show called Round II of the EZ/EC competition to author- next two years for a total $3 million. the Laserium that lasted only a year, after ize the Secretary of Agriculture to designate Section 4(e). Rural Community Planning which the theater closed its doors for 16 33 rural enterprise communities. The EC des- Grants. To help rural communities prepare years. But after a long struggle, the Playhouse ignations are in addition to the five rural and their strategic plans during the application Square Foundation received the support to 15 urban empowerment zones authorized by process, this section designates $1 million for save this historic landmark from demolition by the Taxpayer Relief Act of 1997. In addition, 100 community planning grants of up to signing a 20-year lease to handle its oper- this section extends the filing deadline until $10,000 each. ations. It presented the cabaret show ``Forever January 1, 2000 for communities to apply for Section 5. Responsibility for Environmental Plaid'' which was met with great success. Offi- a new EC designation. Review. The National Environmental Policy cials chose to remodel the theater's stage and Section 2(c). Modification of Eligibility Cri- Act requires every federal agency that admin- make it conducive to long-running musicals teria for Rural Empowerment Zones and En- isters a program funded through grants to like Phantom of the Opera and Showboat. terprise Communities. Poverty is still the main states, such as the Title XX Social Services My fellow colleagues, please join me in hon- criteria for a rural EZ/EC designation. This Block Grant, to determine, among other oring the Allen Theater during this time of section gives the Secretary the discretionary things, whether the program will have any ad- great celebration. Its grand re-opening marks authority to consider other significant factors verse effects on the environment. The Depart- a new beginning for this grand institution. De- that contribute to distress in rural communities ment of Health and Human ServicesÐwhich spite much adversity, it will continue to give us that are not as prevalent in urban areas. releases the SSBG funds to the states for EZs the magic of theater long into the future. These include: Emigration; Underemployment; and ECsÐis currently required to make this f Rise in unemployment caused by the federal environmental review for EZ/EC grants, even government, such as a military base closure; though it is not responsible for selecting the INTRODUCTION OF THE EMPOWER- and Sudden economic dislocation that causes communities or approving their strategic plans. MENT ZONE ENHANCEMENT AND significant job loss, such as a plant closure. This section transfers responsibility for con- RURAL ENTERPRISE COMMU- In addition, this section clarifies that for ducting the NEPA reviews to HUD for urban NITIES ACT communities that otherwise meet all of the areas and to USDA for rural areas. It also program's eligibility criteria, the Secretary may gives the Secretaries the authority to delegate HON. MAURICE D. HINCHEY exempt sites that will be developed for com- this responsibility to state and local govern- OF NEW YORK mercial and industrial purposes from the pov- ments and tribal authorities under certain con- IN THE HOUSE OF REPRESENTATIVES erty criteria as long as they do not exceed ditions. Section 6. Performance Measurement and Thursday, October 1, 1998 2,000 acres or contain more than three non- contiguous parcels. Evaluation. This section requires HUD and Mr. HINCHEY. Mr. Speaker, I rise with my Section 2(d), (e). Use of Bond Proceeds. USDA to make regular evaluations of the colleague Mr. WATKINS of Oklahoma to intro- The Taxpayer Relief Act authorized EZs to Round II EZ's and EC's progress toward im- duce legislation aimed at securing funding for issue ``new empowerment facility bonds'' that plementing their strategic plans, according to a Round II of the Empowerment Zone program. are exempt from the state's tax-exempt bond performance measurement system established Last year's Taxpayer Relief Act authorized the cap, and also created a new type of ``zone by the Secretaries. This section also give HUD designation of 20 new Empowerment ZonesÐ academy bond'' to finance school construction and USDA authority to adjust, reduce, or can- 15 in urban cities and 5 in rural areasÐbut did in these communities. This section specifies cel a zone's or community's grant for poor not provide any funding for these commu- that: Issues of new empowerment zone facility performance. nities. The bill we are introducing tonight bonds must be consistent with the EZ's strate- Section 7. Distribution of Surplus Govern- builds on a measure we introduced earlier this gic plan to receive the special treatment; Rural ment Property. This section allows USDA to year to expand the rural programÐthe Rural ECs designated in the Round II competition distribute surplus government property (com- Enterprise Communities Act (H.R. 4071)Ðto may not issue zone facility bonds; The com- puters, vans, construction equipment, etc.) to include funding for the 15 urban empowerment prehensive education plan required to issue rural EZs, ECs, and champion communities on zones. zone academy bonds must not be inconsistent preferred basis. The flexible funding for EZs and ECs is so with the EZ's strategic plan; and At least 25 Section 8. Effective Dates. In general, the important because it gives communities the percent of the zone academy bonds must be amendments made by this bill take effect as if ability to participate directly with their private allocated to rural EZs passed as part of the Taxpayer Relief Act of sector partners in development projects. The Section 3(a), (b). Recognition and Incentives 1997. communities leverage these funds many times for Top Performing EZs and ECs. This section f over, using them as seed capital to attract re- directs the Secretaries of Housing and Urban PRESCRIPTION DRUG PRICING sources from the private sector, non-profit or- Development and Agriculture to recognize top- ganizations, foundations, universities, church- performing EZs and ECs annually. Top per- HON. MARION BERRY es, and government agencies. Without the forming Round I ECs that otherwise meet all OF ARKANSAS funding in place, it will be very difficult for the the program's eligibility criteria will be given IN THE HOUSE OF REPRESENTATIVES new empowerment zones to begin implement- priority in the Round II EZ competition. ing their comprehensive strategic development Section 3(c). Continuation Funding for Top Thursday, October 1, 1998 plans. Performing Round I EZs and ECs. This sec- Mr. BERRY. Mr. Speaker, I rise today to talk In addition, we believe that the rural side of tion allows HHS to set aside up to 10 percent, about an issue of importance to everyone this program must be expanded. The Tax- of the funds for the Round II EZs ($150 million across this country, especially our seniors. payer Relief Act only authorized five rural em- for urban, $10 million for Rural). Round I EZs Let me start by telling you about an 81-year- powerment zones. To date, more than 250 and ECs that have completed or made satis- old woman. Her name is Mary Carson, who communities have notified USDA that they will factory progress toward implementing their lives in my District in Jonesboro. She is pres- be competing for these designations. Our bill strategic plans will be eligible to compete for ently taking 10 prescription drugs to treat recognizes the significance of this program for these funds at the direction of USDA and blood blots, blood pressure, nervousness, and distressed rural communities and allows the HUD. arthritis. Although Medicaid covers the cost of USDA to designate an additional 33 enterprise Section 4(a)±(d). Funding for Round II EZs some of her prescription drugs, Ms. Carson communities in rural areas. and ECs. EZ/EC program funds are distributed still spends $80 to $200 monthly on her medi- We need to act quickly to ensure that the through the Social Services Block Grant (Title cationsÐup to almost half of her monthly in- new EZs and ECs are funded at the beginning XX). The President's budget allocates $1.7 bil- come. Ms. Carson's only source of income is CONGRESSIONAL RECORD — Extensions of Remarks E1867 her $416 Social Security check. Because of CHRIST CHURCH OF ACCOKEEK The B.B. King Blues Hero Award was estab- the high costs. Ms. Carson has had to skip or 300TH YEAR ANNIVERSARY lished in 1997 by the Blues Foundation to rec- cut back on medications. She is only taking ognize a Blues artist whose career has been half of her prescribed blood thinner, and has HON. STENY H. HOYER characterized by community service and chari- had to skip her arthritis medicine because she OF MARYLAND table activity. As the recipient of the award, was not able to fill the prescription. IN THE HOUSE OF REPRESENTATIVES Bobby will receive an honorarium, as is char- acteristic of his goodness and concern for Mr. Speaker, unfortunately, Ms. Carson's Thursday, October 1, 1998 young people, is donating his honorarium to a problem is a common one for seniors across Mr. HOYER. Mr. Speaker, I rise today to program to provide computers for Mississippi my District and across the country. Because of pay tribute to the 300th Anniversary of Christ classrooms. the high cost of prescription drugs, seniors Church of Accokeek, Maryland, built by the While Bobby Rush is known for his amazing often have to take half of what the doctor has Church of England, and one of six pre-Revolu- stage show and outstanding performances on told them to. Because of the high cost of pre- tionary War churches. It is believed this the 21 releases that span his career, few peo- scription drugs, seniors often have to choose church congregation held their first prayer ple know of Rush's dedication to his commu- between taking their medicine and paying for meetings sometime in 1698 in private homes nity in Jackson, Mississippi. For years Bobby food or their electricity. And because of the with their first formal church structure being has taken time off the road to use his tour bus high cost of prescription drugs, our seniors are built a few years later. to transport people to the polls on Election dying because they are too proud to ask their Mr. Speaker, as I am sure you can imagine, Day, participates in voter registration drives, children to help them buy their medication. Christ Church has weathered countless trials and encourages young people to be civic and tribulations through its 300 years of exist- minded and help in their communities, which I Studies that have been done for several ence. Early settlers triumphed over the harsh- truly appreciate. He also has played functions Members of Congress, including myself, over ness of the 1700's, the separation from the to raise money for sickle cell anemia research, the last several months have shown, the Church of England, and the invasion of troops child care, school band uniforms, and musical prices seniors and other consumers are during the War of 1812. Christ Church's sur- equipment for local students. charged are on the average 106 percent more vival over the decades shows the uniqueness Bobby Rush promotes the Blues by partici- than what pharmaceutical companies charge of the community of Accokeek. pating in the Blues in the Schools programs their favored customers such as HMOs, insur- In 300 years of existence there have been nationwide. During Black History Month, ance companies and the Federal Government. vast changes in liturgical theologies. In the Bobby visits schools throughout Mississippi This just doesn't seem fair to me when you early days the dictates of theology permitted and Alabama. He also volunteers his own think about the fact that according to Industry no music, no stained glass or colored windows home as an emergency shelter for children ratings of Fortune 500 companiesÐpharma- and only box type pews. Today, Christ Church leaving the Hinds County Youth Correctional ceutical companies are the most profitable radiates this same simplicity and symmetry Facility in Raymond, Mississippi. businesses in existence. They made $24.5 bil- with the addition of beautiful stained glass, With professional accomplishments and per- lion in profits last year. Pharmaceutical com- music, conventional pews, and a bell tower. sonal acts of humanitarism such as these, I The ornate Holy Services offered now at am truly proud and honored to stand here and panies had a 17.2 percent return on revenues. Christ Church are a reflection of strong roots extend congratulations to my friend Mr. Bobby Telecommunication companies, 8.1 percent; and faith of its members. A quality that has Rush. He is truly a credit to America, his com- computers and office equipment manufactur- been strong enough to trickle down and bless munity, and his art. ers, 7.3 percent; food and drug stores made a the numerous generations of this Maryland f whopping 1.7 percent. community. One might think the success of pharma- Christ Church makes a rich contribution to HONORING MR. BENJAMIN S. PURSER, JR. FOR HIS SERVICE ceutical companies would be of tremendous the history of Maryland and our great Nation. TO THE FEDERAL BUREAU OF benefit to American consumers. The reward: It sits as a symbol of the great sacrifices made INVESTIGATION AND THE This year consumers have faced the highest by the early settlers to exercise their religious beliefs and through the years the clergy has UNITED STATES DEPARTMENT two, monthly increases in prescription drug OF JUSTICE prices on record. worked tirelessly to minister to the people of the region during good times and bad. Earlier this week, I chaired the first meeting Christ Church has seen years and years of HON. BOB CLEMENT of the Prescription Drug Task Force because families and neighbors coming together for OF TENNESSEE of the increasing importance of the issue. convocations and picnics, weddings and funer- IN THE HOUSE OF REPRESENTATIVES Also, last week I introduced legislation with als, for comfort and direction. In the words of Thursday, October 1, 1998 Congressman TOM ALLEN that would allow an early Accokeek resident, Mr. Henry Wil- senior citizens who are Medicare beneficiaries liams (1862±1936) on speaking of the impor- Mr. CLEMENT. Mr. Speaker, I rise today in to purchase prescription drugs at the low tance of this church to the community, ``I think honor of Mr. Benjamin S. Purser, Jr. and his prices available to Federal agencies under the it has quite a bright future before itÐgood service to the Federal Bureau of Investigation Federal Supply Schedule. roads, good schools, and a dear old church.'' and the United States Department of Justice. Mr. Speaker and colleagues, please join Mr. Purser will retire from the Federal Bu- For the remainder of this session of Con- with me in wishing this ``dear old church'', the reau of Investigation (FBI), after twenty-eight gress and continuing into the 106th Congress, Christ Church of Accokeek, congratulations on years of faithful service, on October 3, 1998. the task force will work to bring attention to their 300th Year Anniversary. He will be greatly missed. issues involving the costs and availability of f Mr. Purser, a native Tennessean, now prescription drugs. The task force will serve serves as a Senior Supervisory Resident the purpose of complementing our legislation TRIBUTE TO BOBBY RUSH Agent for the agency in Nashville, with over- and is open to finding new policy rec- sight responsibility for all operations and in- ommendations. It will be an advocate for con- HON. BENNIE G. THOMPSON vestigations in Middle Tennessee. He began sumers and ensuring competition within the in- OF MISSISSIPPI his career with the FBI in 1970, and following dustry. IN THE HOUSE OF REPRESENTATIVES training, was assigned to offices in Baltimore, Maryland, and New York City. During his ten All Members of Congress should stop and Thursday, October 1, 1998 years in New York, Mr. Purser was assigned think about the blatant unfairness seniors face Mr. THOMPSON. Mr. Speaker, I rise today to the Organized Crime Division where he every day when they go to purchase their pre- to acknowledge and congratulate a dear and earned significant investigation expertise relat- scription drugsÐmedication they need to stay close friend of mine, the national and inter- ing to white-collar and violent crime, and well and to stay alive. This is not an issue that national known Mr. Bobby Rush. On Novem- health care fraud. will just go away. We should stand up for our ber 9 at the House of Blues in Los Angeles, Mr. Purser gained notoriety throughout the seniors who are getting ripped off by pharma- California, Bobby Rush will receive the Blue South in the late 1980's and early 1990's, ceutical companies and ensure that they are Foundation's second annual ``B.B. King Blues when he supervised ``Rocky Top,'' a sensitive not charged more than they should be for their Hero'' Award during the Lifetime Achievement and complicated undercover investigation of medication. Ceremony. public corruption, which focused on abuse of E1868 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 power by Tennessee public officials. This in- rese of the Little Flower all the best on this for the community than to accomplish some- vestigation resulted in the conviction of sixty- very important day. thing for themselves. We have been most for- five state officials in U.S. District Court. He is f tunate to have been the beneficiaries of two also credited with forming the Violent Crimes extraordinary gentlemen, who just happen to Task Force in 1994, a successful partnership HONORING THE LIFE OF ROLAND be father and sonÐHans Jeppesen, Sr., and of six federal, state, and local law enforcement MANTEIGA Hans Jeppesen, Jr. Since 1954, these two agencies. men have been the heart and soul of Bay In 1996, Mr. Purser received both the FBI HON. JIM DAVIS Health Systems, a leading and outstanding Medal of Valor, the organization's highest OF FLORIDA health care provider within my District. They award to acknowledge bravery and courage, IN THE HOUSE OF REPRESENTATIVES are being honored on October 4 with the dedi- and the FBI Star, the equivalent of a Purple Thursday, October 1, 1998 cation of the Jeppesen Radiation Oncology Heart, for his intervention in an attempted car Center at Bay Health Systems. jacking and kidnaping that occurred in 1984. A Mr. DAVIS of Florida. Mr. Speaker, my com- Hans Christian Jeppesen became the leader fugitive on the FBI's ``Ten Most Wanted'' list munity is in mourning. We are saddened by of General Hospital in 1954. He worked to was killed during the incident. the passing of Roland Manteiga, one of the make sure that General Hospital was the best In an age where character and courage are most prolific, influential and admired chron- source of health care until a merger with often overlooked, I would like to commend my iclers of politics and history in my hometown Mercy Hospital in 1972, creating Bay Medical fellow Tennessean, and good friend since our of Tampa. Center. Having instilled a vital sense of con- university days, on his years of outstanding For decades, you could count on walking fidence and capability in his employees, Hans service to the Federal Bureau of Investigation into La Tropicana in the morning and at lunch Jeppesen established a standard of care and and our nation. I applaud him for pursuing jus- and seeing Roland dressed in his trademark competence that was a model for others in the tice, no matter the cost. white suit sitting at his private table chatting health care community. He passed away in Mr. Purser's leadership skills have benefited with leaders of our community. Without fail, he 1973. his agency, and the people of Tennessee. He always knew what was going on in Tampa His son, Hans Jeppesen, II, began his ca- has served as an example of fortitude to his politics and he faithfully shared it with his reer in health care as an administrative resi- peers and his family. I wish him the best in his readers every week in his newspaper, La dent in 1964 at Wellborn Baptist Memorial retirement from the FBI. Gaceta. His ``As We Heart It'' column was a Hospital in Evansville, Indiana, and first came f must read for thousands. If you wanted to professionally to Bay City in 1966. After terms know the pulse of the town, you read Roland. CELEBRATING THE CHURCH OF ST. as Assistant and Associate Administrator, he The passion for the news business grabbed THERESE OF THE LITTLE FLOWER rose to Executive Vice President of Bay Medi- Roland early and hooked him. As a young cal Center in 1973, and to President in 1975. boy, he started working for the paper his fa- Since 1986, he as been President of Bay HON. JOHN E. ENSIGN ther, Victoriano, started in 1922. Except for his Health Systems, the parent company for Bay OF NEVADA distinguished service in World War II, he spent Medical Center, Bay Health Care, Bay Medical IN THE HOUSE OF REPRESENTATIVES his life at the paper and became its owner Services, Bay Medical Foundation, and Bay Thursday, October 1, 1998 when his father died in 1982. He transformed Special Care. He is credited with overseeing Mr. ENSIGN. Mr. Speaker, I rise to con- the paper into the only trilingual weekly news- the merger of Bay Medical Center with Samar- gratulate the Church of St. Therese of the Lit- paper in the country. In addition to political itan Hospital in 1979, and in 1988 with Bay tle Flower in Reno, Nevada, on the milestone news, Roland's paper was the voice of the Osteopathic Hospital, a very rare occurrence achievement of its Golden Jubilee. Today, Oc- Latin community and reported on it better than of the merger of four hospitals. tober 1st, marks fifty years of the Church's anyone. La Gaceta thoroughly documented The community has also benefited from his service to Nevadans. Today is also the the story of the immigrants who came to willingness to work with many organizations. Church's celebration of the Feast of St. The- Tampa and contributed so much to the fabric In particular, his concern for young people and rese of the Little Flower. of our community. women has made him a leader in Junior This rare occasion will be celebrated with a Roland's work won him many awards and Achievement, Big Brothers, YMCA Youth Pro- special Mass, complete with fifty years of recognitions, including Citizen of the Year and grams, and the Bay County Women's Center. church music, and a banquet. The Mass is a Hispanic Man of the Year. But typical of his He has been an outstanding role model for his beautiful and fitting way to intertwine its rich self-effacing style, he always downplayed his five children, Jeff, Mary, Hans, Karen, and tradition of history, family, music, prayer, wor- importance to our town. His genteel manner Niels, and his two grandchildren, Madeline ship, thanksgiving, and most of all, reverence made him equally as comfortable with presi- and Meredith. to God. dents and governors as he was with store With two lifetimes of dedication, it is most While I was growing up in Reno, the Little clerks and construction workers. And that's fitting that the Radiation Oncology Center bear Flower Church occupied much smaller quar- just one of the qualities that endeared him to the name ``Jeppesen'', as a symbol of caring, ters. Today, the church is among the most so many people. excellence, and accomplishment. Mr. Speaker, modern structures in Reno, and is a widely I think Ferdie Pacheco, the ``Fight Doctor,'' I urge you and all of our colleagues to join me recognized landmark in its southeast neighbor- summed up Roland's contributions to our com- in celebration of the Jeppesen Radiation On- hood. And, like a beautiful flower, the parish munity best when he wrote, ``Years from now, cology Center at the Bay Heatlh Systems has blossomed to 3,500 families. The Church when we are all gone, the historians will know West Campus. of the Little Flower's congregation is diverse exactly how we were and who we were be- f and welcoming, reflecting Reno's tremendous cause of the lifetime of dedicated work of one population growth in the last twenty years. man.'' TRIBUTE TO TONY MOCERI Little Flower Church is the focal point for Mr. Speaker, I know I speak for everyone at quality education for the local children and a home when I say that we will miss our dear HON. JERRY F. COSTELLO variety of ministries to help the sick, elderly, friend, Roland. May he rest in peace. OF ILLINOIS and inmates at the Washoe County Jail. Truly, f IN THE HOUSE OF REPRESENTATIVES Little Flower Church is dedicated to the spir- Thursday, October 1, 1998 itual and physical needs of all people. CARING, EXCELLENCE, & I would also like to congratulate the pastor ACCOMPLISHMENT Mr. COSTELLO. Mr. Speaker, I rise today to of the Little Flower Church, the Very Reverend pay tribute to Anthony (Tony) Moceri. The Robert Bowling, on his remarkable twenty-four HON. JAMES A. BARCIA International Brotherhood of Boilermakers years of selfless service to this parish. Father OF MICHIGAN Local 363 in Belleville, Illinois is naming their Bowling has guided the Little Flower Church IN THE HOUSE OF REPRESENTATIVES new hall for Tony Moceri. through its growth period. Because of his hard Tony Moceri is a great union member. He Thursday, October 1, 1998 work and strong guidance at Little Flower, he earned his union card in San Francisco and has the admiration, support, love, and respect Mr. BARCIA. Mr. Speaker, during our lives was initiated into Lodge 363 in 1942. Tony of the entire community. we may be privileged to meet people who was a dedicated, hardworking member until Mr. Speaker, I ask my colleagues to join me make a difference, people who believe that it his retirement in 1984. Mr. Moceri was elected in wishing the parish of the Church of St. The- is far more important to accomplish something Lodge Assistant Business Agent in 1963 and CONGRESSIONAL RECORD — Extensions of Remarks E1869 moved to Business Manager in 1966Ða posi- STATEMENT OF KATHIE LEE GIFFORD There are many other celebrity endorsers tion he held for nearly twenty years. Under Mr. In the past two and half years I have lending their good names of products manu- Moceri's leadership, an apprenticeship pro- learned a great deal about sweatshops and factured throughout the world. I believe each gram was developed. This program, initiated child labor—enough to make me physically of them has a moral responsibility to take whatever steps possible to ensure the integ- by Mr. Moceri in 1974, has proven extremely ill and at many times brokenhearted. I have learned that all it takes to create a sweat- rity of their products. A contract with successful. shop environment is one greedy, unethical strong language is simply not enough. I en- Mr. Moceri was on the State Boiler Board person and one desperate one. While it seems courage them to hire, at their own expense a and the Building Trades Committee. He also that solutions of the past have done little to reputable independent monitoring service had the honor and distinction of serving on combat labor abuses, I’ve also learned that if and use their public platform to educate con- Senator Percy's Labor Task Force Committee. the various groups represented here work to- sumers and pressure their manufacturers to Tony Moceri has been married to his wife, gether, unified by the mandate that we must comply with all ethical and legal standards. Vera, for 44 years. end these horrible conditions, we could ac- None of us can ignore the use of child I would like for my colleagues to give spe- complish a great deal. labor. Today, in this room, there are Mem- cial recognition in honor of Local 363 naming When I was accused personally of being in- bers of Congress and representatives of volved in labor abuses I was stunned. How human rights organizations, unions and gov- their new facility for Tony Moceri. could anyone possibly believe I could run a ernment and private citizens like myself. f sweatshop? (1) I don’t manufacture anything; Let us together be a voice for those who can- (2) I don’t own a factory; (3) I don’t pay any- STATEMENT OF KATHIE LEE GIF- not speak for themselves. Comfortable in our one to manufacture anything; and (4) I have privileged world, we cannot hear the cries of FORD CONCERNING CHILD LABOR an iron-clad contract that specifically states the children chained to a life of abuse, but TO THE CONGRESSIONAL HUMAN nothing can be manufactured with my name our silence at the injustices they suffer is RIGHTS CAUCUS on it in an abusive manner. But, then I deafening to the ears of God. learned how easy it is for someone to exploit Perhaps we can put a face on child labor by HON. TOM LANTOS the system, ignore the compliance agree- substituting our own children with the face- ment, and profit from the misery of hard- less children we only know as statistics. OF CALIFORNIA working, vulnerable people—even children. I Today when you go to dress your six-year- IN THE HOUSE OF REPRESENTATIVES was angry and resolved it do whatever I old, stop to think of that six-year old being Thursday, October 1, 1998 could to do something about it. snuck into the back of a sweatshop to work Although I’m an endorser, a licensor of my Mr. LANTOS. Mr. Speaker, earlier this week long hours, cutting and sewing clothes they trademark—and not the manufacture of could never afford. Today when you watch on Monday September 28, the Congressional goods—I promised that if, and whenever I your seven-year-old run back and forth on a Human Rights Caucus held a briefing for discovered that any goods bearing my name soccer field, think of that seven-year-old sit- members of this body on international child were made in a factory with abusive condi- ting in a sweltering factory making that soc- labor issues. Child labor has traditionally been tions, either these conditions would be cor- cer ball he will never have a chance to play among the most difficult and troubling of the rected or nothing with my name would con- with. And today when you shoot baskets human rights issues that we deal with. The tinue to be made in that factory. I hired a with your eight-year-old, think of the eight- reputable worldwide firm of independent year-old who sewed those sneakers and who problem is the greatest in those countries monitors to inspect the factories so that I where poverty and lack of economic oppor- will never, every jump for joy. Think of your would learn their working conditions. When own children and think of all the children all tunity are the greatest. Furthermore, the ex- unfair working conditions are discovered we over the world who are being denied a child- tensive use of child labor only perpetuates that give the factory one chance to rectify the hood because of others’ greed and our own cycle of poverty by limiting the opportunity for problem. If the conditions are not corrected, indifference. these working children to attend school and we take away our business. In the case of Each of us has a responsibility and an op- gain the education they need to improve their child labor abuses we do not allow a second portunity. Our responsibility is to make the chance—one time and the factory’s out. This world a better place for these children to live situation. monitoring program will continue so long as Developing countries, in their struggle to im- and work in. Our opportunity is now for new I lend my name to any goods or products. solutions for child labor abuses; to enact prove their national economic and social con- I learned about and campaigned for legisla- laws like the ‘‘Young American Workers Bill ditions, often have failed to deal with the trag- tion on the Federal, State and local levels to of Rights Act’’ and the ‘‘Children’s Act for address working conditions. I’m here to sup- edy of child laborers. The International Labor Responsible Employment’’ to join together port legislation such as the ‘‘Young Amer- Organizations (ILO) has estimated that some to form a powerful alliance of caring individ- ican Workers Bill of Rights Act’’ and the 250 million children between the ages of five uals who refuse to support companies that ‘‘Children’s Act for Responsible Employ- and fourteen are working in developing coun- utilize child labor; and finally, to pray for all ment.’’ These acts must promptly be passed the children of the world that someday they tries around the world. Some 61 percent of by Congress. In Congressman LANTOS’ words, may enjoy a life in the sunshine, breathing this total, nearly 153 million children, are found ‘‘We have neither the time nor the luxury to fresh air and laughing with a joy that can in Asia alone. debate whether this is a child labor prob- only come from knowing that they are loved To alleviate the grinding poverty and eco- lem.’’ But I’ve also learned that legislation and that they are precious just like our own alone will not solve the problem: We need nomic hardships that they face, many families children. in developing countries submit children to the concerted effort of Government, manu- Perhaps the most important thing I have some of the worst forms of child labor such as facturers, unions and human interest organi- learned about this issue is that sweatshops exposure to extremely hazardous work, slave- zations. I know that these groups, while sup- operators are counting on one thing—that like conditions, prostitution, pornography, and porting many of the same ideas, sometimes you don’t care how your products are made. disagree on means and methods of accom- other intolerable situation. Often child victims These children are counting on something plish their goals. We must continue to work very different—that you do care, especially of this practice never learn to read or write at together, to enact and enforce laws; but also all, and upon reaching adulthood these chil- when they’re made by children. Together to educate consumers—these are the ‘‘new through our efforts and the work of this Con- dren can only past the legacy of poverty, illit- solutions for child labor abuses.’’ gressional Human Rights Caucus, let’s prove I truly appreciate being asked to appear eracy, and hardship to their own children. the children are right and let’s make the un- before you today. I am here as the mother of Mr. Speaker, in recent years, with the strong speakable shame of abusive child labor a two small children from whom I hope to support of our Department of State and our thing of the past. Department of Labor, efforts have been made leave a legacy of hard work, sacrifice, fair- ness and a determined commitment to make f to raise awareness of this serious problem. In this world a better place for all children, es- 1992 the ILO initiated the International Pro- pecially children less blessed than my own. I IN SUPPORT OF H.R. 4646, THE gram on the Elimination of Child Labor to work realize that in certain ways my name has be- PRESCRIPTION DRUG FAIRNESS toward the progressive elimination of child come synonymous with the term ‘‘sweat- ACT labor. These efforts must be encouraged. shop.’’ That as been painful to me both per- Mr. Speaker, at the briefing of the Congres- sonally and professionally, and yet I have al- ways felt that all things work together for HON. CAROLYN McCARTHY sional Human Rights Caucus, Kathie Lee OF NEW YORK Clifford, who was accompanied by her hus- good for those who love God and are called according to his purpose. I find comfort and IN THE HOUSE OF REPRESENTATIVES band, Frank Gillord, made an excellent state- hope in this promise from the Scriptures— Thursday, October 1, 1998 ment on this issue of child labor. I ask that her that indeed my struggle will result in aiding statement be placed in the RECORD, and I all of your efforts to end the very real and Mrs. MCCARTHY of New York. Mr. Speak- urge my colleagues to give thoughtful attention heartbreaking struggle of millions of vulner- er, I rise today in support of H.R. 4646, a bill to her views. able children around the world. allowing pharmacies to purchase drugs for E1870 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Medicare beneficiaries at the substantially re- year, Congress has been considering similar the High Hopes/GEAR UP program as a part duced prices already available under the Fed- legislation with respect to a two-day stay for of the Higher Education Reauthorization legis- eral supply schedule. This important piece of women who have undergone mastectomies. lation adopted by the House today. This pro- legislation would dramatically lower prescrip- It is not good legislative policy to pass such gram is the embodiment of all that is right tion drug costs for senior citizens. case-by-case fixes to health plan behavior that about our legislative process and about the Most Americans are aware of the ever in- we find abhorrent. Standard medical practices fundamental American creed which unites us creasing costs of health care and prescription change on a continual basis. Having require- as a people. I want to take the time to recount medication. But no segment of the American ments for length-of-stay in federal law could the history of this idea so that the record will population is impacted more than our senior become problematic if that medical standard show the difference that can be made when citizens. Senior citizens are having an increas- changes. These decisions are best left in the we are true to the process and to that creed. ingly difficult time affording prescription drugs. hands of medical professionals. Unfortunately, The challenge which the High Hopes/GEAR For senior citizens on fixed incomes, the cost with the growth of managed care in our coun- UP program addresses is insuring that all of prescription drugs is one of their highest try, it is often not medical professionals who American children have the opportunity to go monthly bills and can mean the difference be- are making such treatment decisions. These to college. For the children of most middle tween buying basic necessities or medicine. cases are becoming so blatantly arbitrary and class families, that college is an option after No senior should ever be forced to choose be- without medical merit that Congress has been high school graduation is taken for granted. tween buying food or medicine, especially forced into action by public outcries. Rather For most poor children, college is not even in those with disabling ailments who often de- than continue such case-by-case legislating, I the picture. No one they know has gone to pend on their medication just to make it support the creation of a medical necessity college. If the thought ever occurs to them, it is dismissed as an unattainable fantasy. Often through the day. standard that would eliminate health plans' these attitudes and conclusions are based on Seniors are being forced to pay much abilities to manipulate the standard. misinformation about the cost of college, or steeper prices than the ``most favored cus- Under this proposal, medical necessity about the availability of financial aid and other tomers'' of drug companies such as HMO's. would be defined as ``a service or a benefit sources of support, or perhaps it's just that the It's just plain wrong for large pharmaceutical which is consistent with generally accepted notion of college is so remote from their expe- companies to be charging the highest prices principles of professional medical practice.'' rience that nothing in their lives has prepared to those who can least afford to pay them. This definition was part of the Democratic Pa- them to take advantage of opportunities that Large corporations should not be making a tients' Bill of Rights (HR 3605), which created might be right before their eyes. profit at the expense of our senior's health. federal consumer protection standards for Whatever the underlying dynamic, the end H.R. 4646 would fix this problem by leveling managed care plans in the private sector. It is result is that children in poor neighborhoods the playing field for retail pharmacies who sell also the common definition of medical neces- often make life-changing decisions that deal drugs to senior citizens. This legislation would sity which has been established in case law them out of the mainstream game before they allow retail pharmacies to buy medications over the past century. get their first chance at bat. Because the vi- used by senior citizens directly from the Gen- The Medicare+Choice Medical Necessity sion of their future is inevitably defined solely eral Services Administration (GSA) of the Fed- Protection Act would add that same definition by what they see and what they know, they eral Government. Because the GSA is one of of medical necessity to the Medicare+Choice are too often drawn off onto the various side the entities able to purchase prescription program. This change would help ensure that roads of lifeÐhigh school dropout, teenage medication at much lower prices, this proce- seniors' who join any of the new pregnancy, truancy, delinquency, and other dure will allow pharmacists to pass on signifi- Medicare+Choice health plan options in Medi- anti-social activities. These outcomes serve no cant savings to senior citizens. care would have the protection of knowing that one. They destroy the young people's poten- I am proud to be an original cosponsor of their private health plan could not manipulate tial, they tax our society, and they waste our this legislation that protects the health of our the rules in order to avoid coverage and pay- precious human capital. Nation's senior citizens. I urge all my col- ment for appropriate medical services. It would The High Hopes/GEAR UP Program will leagues to join me in supporting this legisla- put medical decision-making back in the elevate the vision of millions of young people tion. hands of doctors where it belongsÐnot under to let them see that college is possible for f the control health plan bureaucrats. them. It will give them a future to focus on that Let me emphasize that this amendment will help pull them successfully through their MEDICARE+CHOICE MEDICAL would not mean that a health plan would ever high school years in a way that prepares and NECESSITY PROTECTION ACT be required to cover a service that is clearly positions them to go on to college. As is done not covered by the plan's contract. It only ap- for children of middle class families, the pro- HON. FORTNEY PETE STARK plies to covered services. So, if a health plan gram is designed to surround them with the OF CALIFORNIA does not provide coverage for hearing aids, in- expectation that they will pursue this goal, give IN THE HOUSE OF REPRESENTATIVES clusion of this definition would never require them the complete spectrum of information Thursday, October 1, 1998 the health plan to make an exception and that they need to conclude that this goal is cover a hearing aid for a particular person. achievable, and strengthen the support sys- Mr. STARK. Mr. Speaker, I rise to introduce The Medicare+Choice Medical Necessity tems needed to get them from here to there. the Medicare+Choice Medical Necessity Pro- Protection Act is a simple, sensible bill. It The High Hopes/GEAR UP Program will tection Act. With passage of the Balanced would ensure that all Medicare+Choice plans provide certainty to students and their families Budget Act, Congress has opened the Medi- are playing under a uniform set of rules for that they will be able to afford college. Begin- care program to a host of private insurance coverage determinations and would end the ning in middle school, the Secretary of Edu- companies that will be competing with each practice of health plans arbitrarily overriding cation will send children in high poverty neigh- other to get the most Medicare patients while doctors' judgments. Our Medicare bene- borhoods, 21st Century Scholar Certificates spending the least amount of money. One of ficiaries deserve no less. I urge my colleagues that notify them annually of the financial aid the cost-saving mechanisms commonly used to join me in support of this important legisla- that will be available to them for college when to managed care plans today is to interpret tion. they graduate from high school. It will support ``medical necessity'' on their own terms. In this f partnerships between universities, businesses, manner, health plans can avoid paying for and community-based organizations that will services that would be considered normal and CONFERENCE REPORT ON H.R. 6, insure that these ``21st Century Scholars'' will appropriate based on the standard medical HIGHER EDUCATION AMEND- have the mentoring, educational enrichment, practice of the day. Using such means, health MENTS OF 1998 social services and academic supports they plans can and do override the medical deci- need to stay in school, work hard, and grad- sions of treating physicians. SPEECH OF uate prepared for college. The unprecedented The clearest examples of this type of health HON. CHAKA FATTAH success of private programs such as Eugene plan behavior have also been areas where OF PENNSYLVANIA Lang's ``I Have a Dream'' in New York, and Congress has recently considered specific leg- IN THE HOUSE OF REPRESENTATIVES Ruth Hayre's ``Tell Them We Are Rising'' in islation. In the last Congress, we passed a law Philadelphia, gives us every reason to believe to prohibit health plans from requiring a moth- Monday, September 28, 1998 that these approaches will have a huge impact er who had just given birth to leave the hos- Mr. FATTAH. Mr. Speaker, I cannot over- on high school graduation, college attendance, pital in less than 48 hours after birth. This emphasize the importance of the passage of and college completion rates. CONGRESSIONAL RECORD — Extensions of Remarks E1871

The High Hopes/GEAR UP Program began Intervention and Scholarship Program, or man SOUDER offered as his motivation for sup- as the 21st Century Scholars Act (HR 777) NEISP, served a much smaller population porting the program, that we cannot both, in which I introduced in the House of Represent- through a much different delivery system. As good conscience, continue to dismantle our atives in May, 1997. It was given a truly long designed, it was not able to address the tar- systems of social and economic support, and term lease on life by Sara Goldsmith who was geting, motivational, and institution building at the same time fail to provide people with an AAAS Fellow in my office at the time. Sara objectives of the High Hopes program. Sen- the support they need to become self-suffi- made it the primary goal of her Fellowship to ators JEFFORDS and KENNEDY, the NEC and cient. This attitude augurs well for the reduc- secure at least 100 cosponsors for this legisla- Treasury Department team, my Chief of Staff, tion of educational disparities in our society, tion. By the time her Fellowship ended a year and the staff of the Senate Committee on and for the emergence of a Nation in which a later, she had secured 120 cosponsors with Education and Labor worked intensely over an higher percentage of our people are fully en- strong representation from both sides of the extended period of time to iron out the dif- gaged in creating and enjoying its prosperity. aisle. This gave us the credibility and the im- ferences between these two programs and Education is the great equalizer. Our demo- petus we needed to succeed in our efforts to forge a compromise for incorporation into the cratic society cannot sustain itself if we con- move the bill through the other venues that Senate bill that retained the best and most tinue to create a larger and larger dependent must be cleared before a bill become law. crucial features of each. Our hand was population through our failure adequately to Thank you, Sara. strengthened in this process by the fact that educate our people. It is important to Ameri- The 21st Century Scholars Initiative was ini- my staff orchestrated a process that resulted ca's future that we field our best team in the tially designed to provide low income children in bipartisan letters of support for High Hopes globalized, high tech economy of the next cen- with the assurance that financial aid would be signed by over 150 Members of Congress tury. We can only do that if we make sure that available for them to go to college, and to con- being sent to the Chair and Ranking Member everybody gets a chance to play. nect them with the mentoring and support of the Senate Committee. In addition to the f services they need to succeed. As the legisla- people I have already mentioned, special rec- SALUTING EFFORTS TO HONOR tion gained steam in the House, it captured ognition at this stage goes to the other mem- FRANCIS SCOTT KEY the imagination of the White House, and a bers of my staff, particularly Michelle Ander- strong partnership emerged between my office son, my Executive Assistant, and to Jennifer and the office of Gene Sperling, Director of Smulson and Marianna Pierce of the Senate HON. ROBERT A. WEYGAND the National Economic Council. Our staffs, Committee on Education and Labor. OF RHODE ISLAND principally Bob Shireman of the NEC, Claudia Next came the House and Senate con- IN THE HOUSE OF REPRESENTATIVES Pharis, my Chief of Staff, and Pauline Aber- ference where all the differences between the Thursday, October 1, 1998 nathy of the Department of Education, worked House and Senate bills had to be resolved. Mr. WEYGAND. Mr. Speaker, I would like to to incorporate into the bill, provisions of inter- The NEC and Treasury staffs remained in- share with my colleagues today the fine work est to the Clinton Administration. What volved, as did my Chief of Staff, but impor- being done by one of my constituents to honor emerged from this process was the High tantly, at this point, we added the strong, com- an often overlooked American patriot. Every- Hopes 21st Century Scholars Program which mitted, and vocal leadership of Congressmen one knows his work but few know him. No continued the commitment to providing assur- SOUDER and ANDREWS to the process, both of matter where we hear it played, at the begin- ances regarding financial aid, and greatly im- whom served as Members of the Conference ning of sporting events or during times of na- proved and strengthened the mentoring and Committee. Their staffs, Amy Adair and Au- tional mourning, the Star-Spangled Banner is support services provisions of the bill. These drey Williams respectively, were highly re- an important part of our nation's life. The pa- four people, Gene Sperling, bob Shireman, sponsible, professional and focussed in their triot that penned the words to our National An- Claudia Pharis, and Pauline Abernathy, also commitment to provide strong representation them, however, remains largely unknown. deserve our thanks. for the bipartisan interests of the House of Virginia L. Doris of Warwick, Rhode Island The next hurdle was the markup in the Representatives in preserving the integrity of knows that patriot is Francis Scott Key. She House Committee on Education and the Work- the High Hopes Program. That mission was has devoted a great deal of her time over the force of HR6, the Higher Education Reauthor- accomplished in Conference, and what last several decades to right what she views ization bill. Our objective was to add the High emerged from the Conference Committee for as a mistake of history and make sure that Hopes 21st Century Scholars Initiative to the presentation to the House of Representatives more of her fellow Americans learn about Key. HR6 as an amendment in Committee. Led by as the GEAR UP Program is very true to my Along with an extensive amount of research Lydia Sermons, then my Press Secretary, who original vision, to the vision of the President, into Key and his life, Ms. Doris has spent a was followed by Rebecca Kirszner and and to Senator JEFFORDS' vision that all Amer- great deal of time working to establish a na- Philecia McCain, my staff had launched a ican children be surrounded with the expecta- tional day of recognition of Francis Scott Key. major communications campaign that had tion that they can and will go to college, and In that regard, just this year she was success- penetrated every office in the House of Rep- be provided with the support and encourage- ful in convincing the members of the Rhode resentatives, the education advocacy organi- ment they need to get there. Island General Assembly to designate August zations affected by the program, the higher Department of Education Secretary, Richard 1 of each year as Francis Scott Key Day in education community, and through the media, Riley, and Leslie Thornton, his Chief of Staff Rhode Island. Several years ago, she was the general public. Thank you, Lydia, Re- are also unsung heroes of this process. The successful in having the period between Au- becca, and Philecia. By the time we reached staff resources and informational support they gust 1978 and August 1979 as Francis Scott markup, the support for this program was provided were invaluable in the development Key year in Rhode Island. broad and deep, and the amendment which of the concept, and I understand that Sec- As part of her effort to bring public attention attached the bill to HR6 passed in Committee retary Riley mentioned High Hopes in every to Francis Scott Key and his role in the history by a strong bi-partisan vote of 24 to 18. It public speech he made while Congress was of our nation, Ms. Doris commissionedÐat should be noted that this incredible 6 vote working on the legislation. great personal expenseÐa portrait of Key margin was created with the cooperation of But I have saved the best and most impor- which was painted by Mario Ahumada, a gift- four of my Republican colleagues on the com- tant recognition for last. I extend my heartfelt ed artist at the Rhode Island School of De- mittee: Congressman GREENWOOD, SOUDER, thanks to my colleagues in the United States sign. Ms. Doris feels great connection to her MCINTOSH, and SCARBOROUGH. Committee Congress, both the Senate and the House of work and she speaks very highly of Mr. staff, David Evans, Sally Stroup and Marshall Representatives. I particularly need to thank Ahumada's dedication to the project and the Grigsby, and my legislative Director, Neil Sny- Senators KENNEDY and JEFFORDS again, and final work. der, were particularly helpful at this stage, and to thank as leaders of the process in the Over the last several weeks, we have spent to them, I also extend my thanks. House, Congressmen GOODLING, CLAY, a great deal of time, both as members of the Passage of the Higher Education Act by the MCKEON, and KILDEE. The brilliance of the House of Representatives and as citizens, dis- House was virtually unanimous. We then American system of government, a strong cussing the intent of our Founding Fathers as faced the high hurdle of gaining Senate ap- spirit of bipartisanship, and an underlying com- they drafted our Constitution. It may serve us proval. There were already provisions in the mitment to creating opportunity were all evi- well to listen just a bit more carefully to Senate bill which addressed some of the dent in the way we rallied in support of the Francis Scott Key's words as he describes same concerns addressed by the High Hopes High Hopes/GEAR UP program. An ingrained some of the events that paved the way to the 21st Century Scholars Initiative, however, the belief in and commitment to fairness establishment of our nation. I am sure my col- underlying program, called the National Early undergirds the American character. Congress- leagues will join me in my admiration for Ms. E1872 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Doris' unwavering dedication to honoring the Protection Act of 1993. Under the National ca's younger generation. In 1966, the Presi- author of our national anthem. Child Protection Act, Congress established an dential Physical Fitness Award was initiated by f interstate identification network which allows President Johnson and is a prestigious ac- for a voluntary background check on child complishment. CONGRATULATIONS TO MR. WES care providers and volunteers. On October 1, 1998, the Linfield School in FREELAND Already this system has caught dozens of Temecula, CA, was designated as the 1997± potential child predators in California, Texas 98 President's Challenge State Champion HON. FRED UPTON and Florida alone. School for Category II schools in California. OF MICHIGAN In California, the background checks have The State Champion Award is presented to IN THE HOUSE OF REPRESENTATIVES served as a measure which produces results. schools with the highest number of students Between July 1995 and July 1996, 27,564 scoring at or about the 85th percentile on the Thursday, October 1, 1998 background checks were conducted at the President's Challenge, a fitness awards pro- Mr. UPTON. Mr. Speaker, I rise today to state and federal level. Of those cases, 606 gram for children ages 6 through 17. The recognize the accomplishments of a great applicants were found to have a criminal his- Linfield School had more than 82 percent of community leader and a good friend, Mr. Wes tory. Of the number of applicants denied cre- their student body score at or above the 85th Freeland. This year, after more than thirty dentials, 95% of the denials were based upon percentile in the fitness program. years, Wes is stepping down as Kalamazoo the information discovered in the background The five assessments of the President's County Administrator. Though his career with checks. Challenge measure four components of phys- the county may be drawing to a close, his School employees, even those who don't ical fitness: a one-mile run/walk for heart and service to our community will continue as Wes provide care or supervise our children, have lung endurance, curl-ups for abdominal takes a position with the Kalamazoo Founda- access to our children every day. In the morn- strength and endurance, a ``sit and reach'' tion. ing before school, for example, cafeteria work- stretch for muscular flexibility, pull-ups for Under his steady hand and trusted leader- ers may be the first to greet our children. In upper body strength and endurance, and a ship, Wes guided the county's finances the afternoon, long after the teachers are shuttle run for agility and explosive power. through good economic times and bad. He gone, custodians or other maintenance work- On behalf of the residents of the 43rd con- has played a role in guaranteeing our region's ers are on school grounds while our children gressional district, I congratulate the Linfield growth and helped paved the way for many participate in extracurricular activities. School for this award and commend them for more years of financial stability. Parents deserve to feel at ease when they recognizing that physical activity is an impor- Wes will continue to play a leading role in drop their children off in the morning. And kids tant component of health and development for helping to shape the region. The Kalamazoo have the right to feel secure in order to maxi- future generations. Foundation is dedicated to supporting our mize learning. According to the FBI, 19 states f community by providing a wide variety of re- don't have laws in place that conduct back- sources to support education, housing, and ground checks on all school employee. And TRIBUTE TO COMMANDER JOSEPH economic development. four states don't administer background A. SPATA Mr. Speaker, I know that all of my neighbors checks for any school employees. in Kalamazoo County join me in thanking Wes The Keep Kids Safe at School Act is far HON. C.W. BILL YOUNG for his many years of support, dedication and from a Big Brother policy. It simply builds on OF FLORIDA leadership. I urge my colleagues to join me in an existing law which has proven results for IN THE HOUSE OF REPRESENTATIVES congratulating Wes for his great work and day care workers and encourages states Thursday, October 1, 1998 wishing him all the best in his new position. across the country to use this same voluntary f system for those employed by our schools. Mr. YOUNG of Florida. Mr. Speaker, I rise In addition, this legislation will work as a de- today to recognize an outstanding Naval Offi- KEEP KIDS SAFE AT SCHOOL ACT terrent to potential child predators. Those with cer, Commander Joseph A. Spata, who has a criminal history won't think twice about ap- served with distinction for the past 25 months HON. VIC FAZIO plying knowing that they'll get caught. This bill for the Assistant Secretary of the Navy, Finan- OF CALIFORNIA sends a clear message to child predatorsÐour cial Management and Comptroller. IN THE HOUSE OF REPRESENTATIVES commitment to protecting our children is real. It is a privilege for me to recognize his many outstanding achievements and commend him Thursday, October 1, 1998 The Keep Kids Safe at School Act will help prevent other tragedies. for the superb service he has provided to the Mr. FAZIO of California. Mr. Speaker, today The implementation of the Keep Kids Safe Navy, the Congress, and our great Nation as I introduce the Keep Kids Safe at School Act at Schools Act will save states and commu- a whole. along with 41 of my colleagues. I am pleased nities time and dollars. Background checks will As the Chairman of the Appropriations Sub- that, during this time of polarized political cli- not only detect child predators, but will provide committee on National Security, I want to mate, Members from both sides of the aisle other criminal history which could save thank Joe in particular for the tremendous as- have come together to formulate sound policy schools thousands of dollars by preventing sistance he has given me and my staff since to safeguard our children. theft or other crimes. August 1996. In his position as Deputy, Appro- Last spring, a fifteen-year-old Rio Linda This is a common sense proposal. The priations Matters Office, Joe has provided us High School student from my district was bru- Keep Kids Safe at School Act will deter preda- with timely and accurate support regarding tally raped and murdered by a custodian after tors, save schools money and protect our chil- Navy plans, programs and budget decisions. school. This tragedy could have been pre- drenÐperiod. Let's close the loop-hole, and These invaluable contributions have enabled vented had school authorities used a database give our states the tools they need to safe- our Subcommittee and the Department of the that could detect the employee's prior inter- guard our kidsÐsupport the Keep Kids Safe at Navy to strengthen our close working relation- state criminal history. Although a thorough School Act. ship and to help ensure that we maintain the California check was conducted, an interstate f most modern, well trained and well equipped background check would have detected the naval force attainable for the defense of our man's prior convictionsÐincluding rapeÐfrom CONGRATULATIONS TO THE great nation. neighboring states. LINFIELD SCHOOL Mr. Speaker, as with so many of our men This senseless crime has shaken the small, and women in uniform, Joe Spata and his wife normally peaceful Rio Linda communityÐa HON. KEN CALVERT Eileen have made many sacrifices during his suburb just north of Sacramento. However, OF CALIFORNIA naval career. As they embark once again on this tragedy provides us all with a lesson. IN THE HOUSE OF REPRESENTATIVES that greatest adventure of a Surface Warfare Crime has no face; it doesn't discriminate; it Officer's career, command at sea of U.S.S. can affect us at any time; it can shatter our Thursday, October 1, 1998 Moosbrugger (DD 980), I would ask my col- safest havens; and it crosses socio-economic Mr. CALVERT. Mr. Speaker, in 1956, Presi- leagues to say thank you to Joe Spata for his boundaries. dent Dwight D. Eisenhower established the yeoman's service in working with our Commit- My bill would help to prevent this tragedy President's Council on Physical Fitness and tee, to wish him every success as Com- from occurring again. The Keep Kids Safe at Sports through an executive order as part of mander, and to pray that he always have fair School Act amends the current National Child a national campaign to help shape up Ameri- winds and following seas. CONGRESSIONAL RECORD — Extensions of Remarks E1873 TRIBUTE TO JOHN PEPPER collision near Nellis Air Force Base, Nevada. gress. During the debate on the Foreign Oper- His unit, the 66th Rescue Squadron, was in- ations Appropriations bill, we succeeded in HON. ROB PORTMAN volved in a training exercise when the crash rolling back an effort to repeal Section 907 of OF OHIO occurred. the Freedom Support ActÐa provision barring IN THE HOUSE OF REPRESENTATIVES Justin graduated in 1996 from Palmdale direct aid to the Government of Azerbaijan High School and was an Eagle Scout who at- until that country lifts its blockades of Armenia Thursday, October 1, 1998 tended the 1993 National Scout Jamboree in and Nagorno Karabagh. I'm extremely proud Mr. PORTMAN. Mr. Speaker, I rise today to Virginia. He was one of those rare individuals to have been involved in that bipartisan effort. pay special tribute to a leader in the Cincinnati who at a young age had a profound sense of My goal, and that of my colleagues, as Amer- community, Mr. John Pepper, who has re- purpose and knew what he wanted to do with ican elected officials, was to ensure that we cently announced his decision to step down as his life. In his brief life, he served as an inspi- keep a valuable and moral law on the books. the Chief Executive Officer of the Procter & ration to others while symbolizing the dedica- But I'm also glad that, the way things worked Gamble Company at year-end. tion shared by many young men and women out, it turned out to be a nice Independence Under Mr. Pepper's leadership, Procter & who pursue a military career. Day present to Armenia. Gamble has introduced exciting new products, Justin, who would have celebrated his 20th Mr. Speaker, the story of the Armenian peo- moved into new markets overseas, and estab- birthday this month, was buried today in Ar- pleÐone of the world's most ancient and en- lished a strong strategic plan for continued lington National Cemetery. Justin, for all you during cultures, the first nation to adopt Chris- sales growth that will benefit the people of did and all your stood for, thank you and may tianity as its national religionÐis an inspiring Southwest Ohio. God bless you. saga of courage and devotion to family and While he is highly regarded in business cir- HOW GREAT THOU ART nation. It is also an unforgettable story of the triumph of a people over adversity and trag- cles for his outstanding work at the helm of O Lord my God, when I in awesome wonder Procter & Gamble, his contributions to the consider all the worlds thy hands have edy. Earlier in this century, in one of history's Greater Cincinnati community, our state and made, I see the stars, I hear the rolling most horrible crimes against humanity, 1.5 mil- our nation go well beyond his business suc- thunder, thy power throughout the uni- lion Armenian men, women and children were cesses. For years, he has devoted an enor- verse displayed: slaughtered by the Ottoman Turkish Empire. mous amount of his personal time and energy Then sings my soul, my Savior God to Thee: Every April, Members of this House join in to improving the quality of life for all Ameri- How great Thou art, how great Thou commemoration of the Armenian Genocide. cans. art!! Then sings my soul, my Savior We can never relent, and we will never relent, Education has been his passion: he is a God to Thee: How great Thou art, how in our efforts to remind the world that this trag- founder of an innovative youth development great Thou art. edy is an historic factÐdespite the efforts of program called the Cincinnati Youth Collabo- When through the woods and forest glades I so-called ``revisionists,'' many of them funded rative, through which he has touched the lives wander and hear the birds sing sweetly by the Turkish government, to deny the truthÐ of many thousands of young people in our in the trees; When I look down from and to make sure that our nation, the world my lofty mountain grandeur, and hear area. He has led the effort to get businesses the brook and feel the gentle breeze: community, and especially the Turkish nation, directly involved in improving public education, come to terms with and appropriately com- Then sings my soul, my Savior God to Thee: both in Ohio and nationwide, through the Na- How great Thou art, how great Thou memorate this historic fact. tional Education Summit, the Business Round- art!! Then sings my soul, my Savior During the collapse of the Ottoman Empire, table, The Governor's Education Management God to Thee: How great Thou art, how the people of Armenia briefly established an Council and various other state and federal ef- great Thou art. independent state. But the Armenian lands forts. And when I think that God, His Son not were absorbed either into Ataturk's Turkey, John Pepper has also shown his commit- sparing, sent Him to die, I scarce can where traces of Armenian history and culture ment to service through over 30 years of vol- take it in; that on the cross, my burden were completely wiped out, or the Soviet unteering for the Cincinnati United Way and gladly bearing, He bled and died to Union, where at least some Armenian cultural Community Chest. In 1994, he chaired the take away my sin: presence was maintained, even if most of the most successful United Way Campaign ever in Then sings my soul, my Savior God to Thee: political shots were called in Moscow. Greater Cincinnati. How great Thou art, how great Thou Mr. Speaker, it was the collapse of the So- I have had the opportunity to know John art!! Then sings my soul, my Savior viet Union in 1991 that allowed the Armenian God to Thee: How great Thou art, how people to re-establish a state and a nation, to Pepper both in my official capacity and great Thou art. through our mutual involvement with the Coali- create a society where their language, culture, When Christ shall come, with shout of accla- religion and other institutions would be able to tion for a Drug-Free Greater Cincinnati and mation and take me home, what joy the National Underground Railroad Freedom shall fill my heart! Then I shall bow in prosper. The progress made in seven short Center. In both efforts he was a founding humble adoration, and there proclaim, years by the Republic of Armenia has been an trustee whose credibility and guidance was my God, how great Thou art! inspirationÐnot only for the sons and daugh- crucial to the success of the organization and Then sings my soul, my Savior God to Thee: ters of the Diaspora, but for all Americans who its mission. Time and time again he has prov- How great Thou art, how great Thou support the cause of freedom. Having survived en himself to be a business leader willing to art!! Then sings my soul, my Savior the Genocide, and having endured decades give generously of his time and energy to help God to Thee: How great Thou art, how under the domination of the Soviet Union, the others. great Thou art. brave people of Armenia have endeavored to While John Pepper's leadership as CEO of f build a free and proud nation, based on the Procter & Gamble will be missed, I know principles of democracy and a market econ- many of us look forward to continuing to work IN HONOR OF THE SEVENTH ANNI- omy. with him on projects to make a difference in VERSARY OF THE INDEPEND- Mr. Speaker, as they have for so much of our community. ENCE OF THE REPUBLIC OF AR- their history, the Armenian people have ac- f MENIA complished all this against daunting odds. The tiny, land-locked Republic of Armenia is sur- HONORING AIRMAN 1ST CLASS HON. FRANK PALLONE, JR. rounded by hostile neighborsÐTurkey and JUSTIN WOTASIK OF NEW JERSEY AzerbaijanÐwho have imposed blockades that IN THE HOUSE OF REPRESENTATIVES have halted the delivery of basic necessities. Yet, independent Armenia continues to per- HON. HOWARD P. ‘‘BUCK’’ McKEON Thursday, October 1, 1998 OF CALIFORNIA severe. While democracy has proven to be IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, I rise today to elusive in much of the former Soviet bloc, pay tribute to the Seventh Anniversary of the democratic Armenia held multi-party Presi- Thursday, October 1, 1998 Independence of the Armenian Republic, dential elections this year that continued the Mr. MCKEON. Mr. Speaker, I speak today to which was celebrated last Monday, September steady progress towards the permanent taking honor the life of a dedicated young man who 21st. root of the institutions of democracy and civil died while serving his country. Airman 1st Mr. Speaker, last month, we showed on the society. Class Justin Christopher Wotasik was one of floor of this House that the Armenian people As the founder and co-chairman, with the twelve persons killed last month in a helicopter and nation have many friends in the Con- gentleman from Illinois [Mr. PORTER], of the E1874 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1998 Congressional Caucus on Armenia Issues, I These fees have become a large and unin- We last addressed SEC fees in the National consider U.S.-Armenia relations to be one of tended tax on all Americans who invest in the Securities Markets Improvement Act of 1996. our key foreign policy objectives. Support for stock market. The distinguished gentleman That legislation was intended to reform the from Texas, the Chairman of the Ways & SEC fee structure and bring the total Armenia is in our practical interests, helping to amount of fees down to the level of the SEC’s support a stable nation in a strategically im- Means Committee, has written to me to ex- budget. In a letter to Chairman Bliley portant and often unstable part of the world. press the Committee's view that the excess (whose committee has jurisdiction over the Standing by Armenia is also consistent with fees amount to taxes. At this time Mr. Speak- SEC), I noted both my and his longstanding America's calling to support democracy and er, I would ask to have this letter made a part goal to reduce these ‘‘fees’’ so that they human rights, and to defend free peoples of the RECORD. truly are fees rather than taxes. Although throughout the world. Mr. Speaker, this tax is paid by all Ameri- the extension and phase-down of SEC fees in Mr. Speaker, I want to emphasize that the cans who own and sell stocks. This includes the Act was longer and slower than we would people of Armenia want good relations with individuals and families investing for their fu- have preferred, I recognized that it was the tureÐfor needs such as retirement and chil- best that we could achieve under the cir- their neighbors and the entire world commu- cumstances. I also noted that thee Commit- nity, and I believe the moral, political and eco- dren's education. The tax affects mutual fund tee on Ways and Means reserved jurisdic- nomic power of the United States can go a investors, pension plans, and other retirement tional interest in this fee structure, and that long way toward helping Armenia achieve that vehicles, such as IRAs and 401(k) plans. It is I would strongly oppose any attempts to goal. time to stop this hidden tax on hard working delay or lengthen the fee phase-down sched- Mr. Speaker, I hope that as we mark future investors. ule provided by the Act. Independence Days of the Republic of Arme- Mr. Speaker, H.R. 4213 has received a The 1996 Act was a compromise that took nia, we can look back with pride on building groundswell of support. In addition to the dis- years to achieve, so I am cautious about tinguished Chief Deputy Democratic Whip, the modifying it. However, it has become in- peace and prosperity in the entire Trans- creasingly clear that actual fee collections, Caucasus region, so that the people of Arme- bill now has close to 60 cosponsors from both sides of the aisle, including virtually the entire particularly section 31 transaction fee col- nia and their neighbors can enjoy a stable, lections, will exceed what we estimated in hopeful future. I hope that the Republic of Tur- Republican leadership, and the distinguished 1996. Accordingly, I support your effort to key and Azerbaijan will have responded posi- gentleman from Louisiana, the Chairman of cap the section 31 transaction fees, provided tively to Armenia's offer to normalize relations, the House Appropriations Committee. Cospon- that it does not endanger the fee phase-down exchanging diplomats and allowing the free sors include a number of Members from the schedule in the 1996 Act and does not create flow of goods and people across their borders. Appropriations, Commerce and Ways & a PAYGO problem. Under such cir- Means Committees. I would like to enter a list cumstances (and without prejudice to the ju- I hope that, with the active participation of the risdictional interest of the Committee on United States, we will have resolved the of the bill's cosponsors into into the RECORD. It has been endorsed by a number of outside Ways and Means), I would not seek sequen- Nagorno Karabagh conflict, in a manner that tial referral of H.R. 4213 or have any objec- guarantees the security and self-determination groups, including Americans for Tax Reform, tion to its condieration by the House. of the people of Karabagh. I hope that the ef- the U.S. Chamber of Commerce, the National I want to commend you for your tireless fort to tap the vast Caspian Sea oil reserves Federation of Independent Businesses, the work and leadership in this area. As always, will finally culminate in the construction of a National Taxpayers Union, Citizens for a you are watching out for taxpayers. Sound Economy, the Profit Sharing/401(k) With best personal regards, pipeline carrying the oil west to Mediterranean Sincerely, ports through Azerbaijan, Armenia and Tur- Council of America, and dozens of state-level taxpayer advocacy groups. BILL ARCHER, keyÐthereby further linking those neighbors in Chairman. mutually beneficial security and economic ties. Perhaps most importantly, we have revised I hope that our policy in the region will not be this legislation so that it has no impact on the COSPONSORS H.R. 4213 overly influenced by the development of these collection and spending levels in the pending Representatives Menendez, Forbes, Foley, oil reserves, at the expense of the values of FY99 Commerce, Justice, State Appropria- tions bill and to avoid pay-go scoring prob- Ehrlich, Towns, Houghton, Walsh, Scar- democracy and human rights. borough, Gilman, Sessions, English, Cook, Thus, Mr. Speaker, while the reality for the lems. I am pleased to announce that the Con- gressional Budget Office (CBO) has scored Pappas, and Hall of Texas. people of the Republic of Armenia continues Representatives Ramstad, Blagojevich, to be difficult, let us take this occasion to wish this revised language as revenue neutral. At Largent, Christian-Green, Kelly, Armey, them well on the occasion of their Independ- this time, Mr. Speaker, I would like to enter Hastert, Peterson of Pennsylvania, Goode, ence Day, and, more important, on their ongo- into the RECORD a copy of the revised legisla- Cox, Barton, Vela´ zquez, Norwood, Deal, and ing journey to establish a stable, democratic tion and the CBO letter scoring the legislation. Livingston. Mr. Speaker, it is imperative to act on this Representatives Hobson, Frelinghuysen, republic and a permanent homeland for the legislation this year. Due to the budget scoring Riley, Sam Johnson of Texas, Pitts, Cubin, Armenian people in the Caucasus. rules, it will be virtually impossible to move a Quinn, Dickey, Manzullo, Pickering, f revenue neutral solution next year, once the McIntosh, Jackson-Lee of Texas, Barcia, and Chabot. REDUCE THE HIDDEN TAX ON CBO revises its baseline upward to reflect the Representatives Hostettler, Ryun, Fox, AMERICAN INVESTORS reality of the fee surplus. This hidden tax is Pryce, McHugh, Doolittle, DeLay, Boehlert, having a real impact on hardworking families Boucher, Crane, Radanovich, Boehner, HON. GERALD B.H. SOLOMON saving for their retirement. We often talk in Paxon, and Brady of Pennsylvania. Congress about providing tax relief to families. OF NEW YORK Let's start by giving back some of the unin- IN THE HOUSE OF REPRESENTATIVES H.R. 4213 tended hidden tax on investments. Mr. Speak- Thursday, October 1, 1998 Be it enacted by the Senate and House of Rep- er, I urge the House to act of this legislation resentatives of the United States of America in Mr. SOLOMON. Mr. Speaker, on July 14, expeditiously. Congress assembled, 1998, along with the distinguished Chief Dep- COMMITTEE ON WAYS AND MEANS, SECTION 1. TRANSACTION FEES. uty Democratic Whip, the Gentleman from HOUSE OF REPRESENTATIVES, (a) AMENDMENT.—Section 31 of the Securi- New Jersey, I introduced H.R. 4213, the Sav- Washington, DC, September 23, 1998. ties Exchange Act of 1934 (15 U.S.C. 78ee) is ings and Investment Relief Act of 1998. This Hon. JERRY SOLOMON, amended by adding the following new sub- Rayburn House Office Building, legislation would cap the amount of stock section: Washington, DC. ‘‘(h) TRANSACTION FEE LIMITATION: DEPOSIT transaction fees which could be collected by DEAR JERRY: I am writing to express my OF FEES.— the Securities and Exchange Commission support for what you are trying to accom- (1) LIMITATION ON TRANSACTION FEES.— (SEC). Collections for the various SEC ``user plish in H.R. 4213, the ‘‘Savings and Invest- ‘‘(A) IN GENERAL.—For fiscal years 1999 fees''Ðwhich were designed solely to fund the ment Relief Act of 1999.’’ The Committee on through 2006, the Commission shall not col- CommissionÐhad grown over time to signifi- Ways and Means has long taken a jurisdic- lect any fees described in subsections (b), (c) cantly exceed the SEC's budget. In 1996, we tional interest in the fees collected by the and (d) which in the aggregate exceed: Securities and Exchange Commission. In our passed legislation to bring fee collections ‘‘(i) $430 million during fiscal year 1999; view, these ‘‘fees’’ are taxes because they ‘‘(ii) $396 million during fiscal year 2000; more in line with the SEC's budget. However, greatly exceed the SEC’s regulatory costs. ‘‘(iii) $434 million during fiscal year 2001; actual collections have continued to skyrocket. We have worked for several years with the ‘‘(iv) $468 million during fiscal year 2002; This year alone, the SEC will bring in $1.2 bil- Committees on Commerce and Appropria- ‘‘(v) $511 million during fiscal year 2003; lion in feesÐfour times its budget. tions to rectify this problem. ‘‘(vi) $557 million during fiscal year 2004; CONGRESSIONAL RECORD — Extensions of Remarks E1875 ‘‘(vii) $607 million during fiscal year 2005; enclosed cost estimate for draft legislation transaction fees collected (that is, the sum and to amend the Securities Exchange Act of 1934 of revenues and offsetting collections). These ‘‘(viii) $661 million during fiscal year 2006. to provide for an annual limit on the amount limits would grow from $430 million in 1999 ‘‘(B) PUBLICATION.—The Commission shall of certain fees that may be collected by the to $661 million in 2006. As under current law, publish annually in the Federal Register no- Securities and Exchange Commission, as authority to spend the amounts deposited as tice of the fee limitations described in this provided by your staff on September 2, 1998. offsetting collections would be available paragraph and any suspension of fees pursu- If you wish further details on this esti- only to the extent provided in appropriation ant to the limitations described in this para- mate, we will be pleased to provide them. acts. graph. The CBO staff contact is Mark Hadley. ‘‘(2) DEPOSIT OF TRANSACTION FEES.— Sincerely, CBO estimates that the limits on aggre- ‘‘A) GENERAL REVENUE.—Notwithstanding gate SEC fees would reduce total fees col- JUNE E. O’NEILL. subsections (b), (c) and (d), during fiscal Enclosure. lected by the government by about $385 mil- years 1999 through 2006, fees collected pursu- lion over the 2000–2003 period, but would ant to subsections (b), (c), and (d) shall be de- probably not affect the amounts of such fees posited and collected as general revenue of CONGRESSIONAL BUDGET OFFICE COST that are recorded as revenues over that pe- the Treasury, in an amount not to exceed: ESTIMATE riod. They would, however, reduce the ‘‘(i) $247 million during fiscal year 1999; DRAFT LEGISLATION TO AMEND THE SECURITIES amount of offsetting collections and would ‘‘(ii) $271 million during fiscal year 2000; EXCHANGE ACT OF 1934 TO PROVIDE FOR AN AN- ‘‘(iii) $299 million during fiscal year 2001; thereby necessitate higher net appropria- ‘‘(iv) $328 million during fiscal year 2002; NUAL LIMIT ON THE AMOUNT OF CERTAIN FEES tions for the SEC, assuming that the agen- ‘‘(v) $361 million during fiscal year 2003; WHICH MAY BE COLLECTED BY THE SECURITIES cy’s gross spending authority is maintained ‘‘(vi) $397 million during fiscal year 2004; AND EXCHANGE COMMISSION at or near its 1998 level of $283 million. ‘‘(vii) $437 million during fiscal year 2005; Under current law, the Securities and Ex- For purposes of this estimate, CBO as- and change Commission (SEC) charges national sumes that the draft legislation will be en- ‘‘(viii) $481 million during fiscal year 2006. securities exchanges, national securities as- acted near the start of fiscal year 1999 and ‘‘(B) OFFSETTING COLLECTIONS.—Notwith- sociations, brokers, and dealers transaction standing subsections (b), (c) and (d), during prior to enactment of the 1999 appropriation fees equal to 1/300 of a percent of the aggre- for the SEC. The proposal could decrease rev- fiscal years 1999 through 2006, the balance of gate dollar amount of sales of securities. any amounts collected pursuant to sub- enues, if revenues (as defined under current Fees from national securities associations law) would otherwise exceed the annual caps sections (b), (c), and (d) which are not depos- are subject to appropriation action and are ited as general revenue pursuant to para- on transaction fees specified in the draft leg- recorded as offsetting collections, which are islation. However, CBO estimates that the graph (A) shall be deposited and credited as credited to appropriations as an offset to dis- offsetting collections to the account provid- proposal would probably not affect reve- cretionary spending. Fees from other sources nues—at least for fiscal years 1999 through ing appropriations to the Commission, to the are recorded as revenues (governmental re- extent provided for in advance in appropria- 2003—because the cap on total fees in each ceipts). year is significantly above the CBO baseline tions Acts. If on the first day of a fiscal year, The draft legislation would change the projections for revenues. (For example, the a regular appropriation to the Commission budgetary treatment of these fees and would cap in 2003 is $511 million, while CBO projects has not been enacted, the Commission shall limit the total amount that could be col- revenues under current law of $361 million in continue to collect fees (as offsetting collec- lected each year. It would require that all that year.) tions) under this subparagraph at the rate in fees be recorded as revenues until certain an- offset during the preceding fiscal year, until nual targets are reached. Once the target for The caps on total fees would effectively such a regular appropriation is enacted.’’ a year is reached, any additional fees would limit offsetting collections in 1999 to CBO’s be recorded as offsetting collections. The baseline projection. Starting in 2000, the caps U.S. CONGRESS, proposal specifies as the annual revenue tar- would gradually reduce offsetting collec- CONGRESSIONAL BUDGET OFFICE, gets the amounts of revenues projected tions, so that by 2006 such collections would Washington, DC, September 24, 1998. under current law in CBO’s March 1998 base- be $176 million less than the CBO baseline Hon. GERALD B.H. SOLOMON, line, starting at $247 million for fiscal year projection for that year. The following table House of Representatives, Washington, DC. 1999 and increasing to $481 million for fiscal shows CBO’s estimates of fee collections DEAR CONGRESSMAN: As you requested, the year 2006. The draft legislation also would under current law as well as under the Solo- Congressional Budget Office has prepared the impose annual limits on the total amount of mon proposal. SEC FEES UNDER CURRENT LAW AND THE SOLOMON PROPOSAL [By fiscal year, in millions of dollars]

CBO Baseline Projections Under Draft Legislation Estimated Fiscal Year Offsetting Offsetting Change in Revenues Collections Total Revenues Collections Total Total Fees

1999 ...... 247 183 430 247 183 430 0 2000 ...... 271 201 473 271 125 396 ¥77 2001 ...... 299 221 520 299 135 434 ¥86 2002 ...... 328 244 572 328 140 468 ¥104 2003 ...... 361 268 629 361 150 511 ¥118 2004 ...... 397 295 692 397 160 557 ¥135 2005 ...... 437 324 761 437 170 607 ¥154 2006 ...... 481 357 837 481 180 661 ¥176

To implement the draft legislation, the dures would apply, but CBO estimates that it and would have no significant impact on the SEC would need to upgrade its fee tracking would have no effect on revenues for any budgets of state, local, or tribal govern- systems, but CBO estimates that this would year over the 1999–2003 period (the years for ments. not have a significant impact on the federal which pay-as-you-go procedures apply). budget. Any such impact would be subject to Moreover, the proposal would not affect di- The CBO staff contact is Mark Hadley, who appropriation action. rect spending. The bill contains no intergov- can be reached at 226–2860. This estimate was Because the draft legislation could affect ernmental or private-sector mandates as de- approved by Robert A. Sunshine, Deputy As- governmental receipts, pay-as-you-go proce- fined in the Unfunded Mandates Reform Act sistant Director for Budget Analysis. Thursday, October 1, 1998 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed DOD Authorizations Conference Report. Senate S. 2099, to provide for enhanced Federal sentenc- Chamber Action ing guidelines for counterfeiting offenses, with an Routine Proceedings, pages S11211–S11304 amendment in the nature of a substitute. Measures Introduced: Six bills and five resolutions S. 2476, for the relief of Wei Jengsheng, with an were introduced, as follows: S. 2535–2540, S.J. Res. amendment in the nature of a substitute. 58–60, and S. Con. Res. 122–123. Page S11279 S. 2516, to make improvements in the operation and administration of the Federal courts. Measures Reported: Reports were made as follows: S. 2524, to codify without substantive change H.R. 3809, to authorize appropriations for the laws related to Patriotic and National Observances, United States Customs Service for fiscal years 1999 Ceremonies, and Organizations and to improve the and 2000, with an amendment in the nature of a United States Code. substitute. (S. Rept. No. 105–359) S. 2536, to protect the safety of United States na- S. 555, to amend the Solid Waste Disposal Act tionals and the interests of the United States at to require that at least 85 percent of funds appro- home and abroad, to improve global cooperation and priated to the Environmental Protection Agency responsiveness to international crime and terrorism, from the Leaking Underground Storage Tank Trust and to more effectively deter international crime and Fund be distributed to States to carry out coopera- acts of violence. Page S11278 tive agreements for undertaking corrective action and Measures Passed: for enforcement of subtitle I of that Act, with an amendment in the nature of a substitute. (S. Rept. King Cove Health and Safety Act: By 59 yeas to No. 105–360) 38 nays (Vote No. 294), Senate passed S. 1092, to provide for a transfer of land interests in order to fa- H.R. 1949, for the relief of Nuratu Olarewaju cilitate surface transportation between the cities of Abeke Kadiri. Cold Bay, Alaska, and King Cove, Alaska, after tak- S. Res. 283, to refer H.R. 998 entitled ‘‘A bill for ing action on amendments proposed thereto, as fol- the relief of Lloyd B. Gamble’’ to the chief judge of lows: Pages S11239±69 the United States Court of Federal Claims for a re- Adopted: port thereon. Murkowski Amendment No. 3676, in the nature S. 1171, for the relief of Janina Altagracia of a substitute. Pages S11240±68 Castillo-Rojas and her husband, Diogenes Patricio Rojas, with an amendment in the nature of a sub- Automated Entry-Exit Control System: Senate passed S. 2540, to extend the date by which an stitute. automated entry-exit control system must be devel- S. 1720, to amend title 17, United States Code, oped. Page S11297 to reform the copyright law with respect to satellite retransmissions of broadcast signals, with an amend- Recognizing Inspectors General: Senate passed ment in the nature of a substitute. S.J. Res. 58, recognizing the accomplishments of In- S. 1916, for the relief of Marin Turcinovic, and spectors General since their creation in 1978 in pre- his fiancee, Corina Dechalup. venting and detecting waste, fraud, abuse, and mis- management, and in promoting economy, efficiency, S. 1926, for the relief of Regine Beatie Edwards. and effectiveness in the Federal Government. S. 1961, for the relief of Suchada Kwong. Pages S11302±03 D1073 D1074 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1998 Commission on the Advancement of Women in Harry J. Bowie, of Mississippi, to be a Member Science, Engineering, and Technology Develop- of the Board of Directors of the National Consumer ment: Senate passed H.R. 3007, to establish the Cooperative Bank for a term of three years. Commission on the Advancement of Women in Phyllis K. Fong, of Maryland, to be Inspector Science, Engineering, and Technology Development, General, Small Business Administration. Page S11304 clearing the measure for the President. Page S11303 Messages From the House: Pages S11276±77 Technical Corrections: Senate passed H.R. 4068, Communications: Pages S11277±78 to make certain technical corrections in laws relating to Native Americans, clearing the measure for the Petitions: Page S11278 President. Pages S11303±04 Executive Reports of Committees: Pages S11278±79 Internet Tax Freedom Act: Senate began consider- Statements on Introduced Bills: Pages S11279±84 ation of S. 442, to establish a national policy against Additional Cosponsors: Pages S11284±86 State and local government interference with inter- Amendments Submitted: Pages S11287±88 state commerce on the Internet or interactive com- puter services, and to exercise Congressional jurisdic- Authority for Committees: Pages S11288±89 tion over interstate commerce by establishing a mor- Additional Statements: Pages S11289±97 atorium on the imposition of exactions that would Record Votes: Two record votes were taken today. interfere with the free flow of commerce via the (Total—294) Pages S11239, S11268 Internet. Pages S11269±72 Pursuant to the order of September 30, 1998, the Adjournment: Senate convened at 9 a.m., and ad- Committee on Commerce, Science, and Transpor- journed at 6:58 p.m., until 9:30 a.m., on Friday, tation amendment in the nature of a substitute was October 2, 1998. (For Senate’s program, see the re- agreed to, and the Committee on Finance amend- marks of the Acting Majority Leader in today’s ment in the nature of a substitute was agreed to. Record on page S11304.) Page S11271 Senate will continue consideration of the bill on Committee Meetings Friday, October 2, 1998. (Committees not listed did not meet) DOD Authorizations—Conference Report: By 96 yeas to 2 nays (Vote No. 293), Senate agreed to the BUSINESS MEETING conference report on H.R. 3616, to authorize appro- Committee on Agriculture, Nutrition, and Forestry: Com- priations for fiscal year 1999 for military activities mittee ordered favorably reported the following busi- of the Department of the Department of Defense, ness items: and to prescribe military personnel strengths for fis- The nomination of Michael M. Reyna, of Califor- cal year 1999, clearing the measure for the Presi- nia, to be a Member of the Farm Credit Administra- dent. Pages S11211±35, S11238±39 tion Board, Farm Credit Administration; and Financial Services Act—Cloture Filed: A motion S. 2116, to clarify and enhance the authorities of was entered to close further debate on the motion to the Chief Information Officer of the Department of Agriculture, with an amendment in the nature of a proceed to consideration of H.R. 10, to enhance substitute. competition in the financial services industry by pro- viding a prudential framework for the affiliation of NATIONAL SECURITY banks, securities firms, and other financial service Committee on Armed Services: Committee concluded providers and, in accordance with the provisions of hearings to examine the current state of Department Rule XXII of the Standing Rules of the Senate, a of Energy national security programs, and proposed vote on the cloture motion will occur on Monday, reforms thereto, after receiving testimony from Bill October 5, 1998. Page S11239 Richardson, Secretary of Energy. Ocean Shipping Reform Act: Senate concurred in BUSINESS MEETING the amendment of the House to S. 414, to amend Committee on Commerce, Science, and Transportation: the Shipping Act of 1984 to encourage competition Committee ordered favorably reported the following in international shipping and growth of United business items: States exports, clearing the measure for the Presi- The nominations of Robert Clarke Brown, of dent. Pages S11297±S11302 Ohio, John Paul Hammerschmidt, of Arkansas, and Nominations Received: Senate received the follow- Norman Y. Mineta, of California, each to be a Mem- ing nominations: ber of the Board of Directors of the Metropolitan October 1, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1075 Washington Airports Authority, Eugene A. Conti, NOMINATIONS Jr., of Maryland, to be Assistant Secretary for Trans- Committee on Energy and Natural Resources: Committee portation Policy, and Peter J. Basso, Jr., of Mary- concluded hearings on the nominations of Eljay B. land, to be Assistant Secretary for Budget and Pro- Bowron, of Michigan, to be Inspector General, De- grams, both of the Department of Transportation, partment of the Interior, and Rose Eilene and nominations for promotion in the United States Gottemoeller, of Virginia, to be Assistant Secretary Coast Guard. H.R. 1903, to amend the National Institute of for Non-Proliferation and National Security, and Standards and Technology Act to enhance the ability David Michaels, of New York, to be Assistant Sec- of the National Institute of Standards and Tech- retary for Environment, Safety and Health, both of nology to improve computer security; the Department of Energy, after the nominees testi- S. 2238, to reform unfair and anticompetitive fied and answered questions in their own behalf. Ms. practices in the professional boxing industry, with an Gottemoeller was introduced by Senators Domenici amendment in the nature of a substitute; and Bingaman. S. 1427, to amend the Communications Act of 1934 to require the Federal Communications Com- CABIN FEES/LAND EXCHANGE mission to preserve low power television stations Committee on Energy and Natural Resources: Sub- that provide community broadcasting, with an committee on Forests and Public Land Management amendment in the nature of a substitute; and concluded hearings to examine the Forest Service S. 2326, to require the Federal Trade Commission cabin fee system which allows for the private use of to prescribe regulations to protect the privacy of per- National Forest System lands, and on S. 2513, to sonal information collected from and about children transfer administrative jurisdiction over certain Fed- on the Internet, and to provide greater parental con- eral land located within or adjacent to Rogue River trol over the collection and use of that information, National Forest and to clarify the authority of the with an amendment in the nature of a substitute. Bureau of Land Management to sell and exchange Also, committee began consideration of S. 2519, other Federal land in Oregon, S. 2413, to provide for to promote and enhance public safety through use of the development of a management plan for the 9–1–1 as the universal emergency assistance number, Woodland Lake Park tract in Apache-Sitgreaves Na- further deployment of wireless 9–1–1 service, sup- port of States in upgrading 9–1–1 capabilities and tional Forest in the State of Arizona reflecting the related functions, encouragement of construction and current use of the tract as a public park, and S. operation of seamless, ubiquitous and reliable net- 2402, to direct the Secretary of Agriculture to con- works for personal wireless services, and ensuring ac- vey certain lands in San Juan County, New Mexico, cess to Federal Government property for such net- to San Juan College, after receiving testimony from works, S. 2365, to amend the Communications Sat- Senator Bob Smith; Sandra H. Key, Associate Dep- ellite Act of 1962 to promote competition and pri- uty Chief, Programs and Legislation, Forest Service, vatization in satellite communications, and S. 2507, Department of Agriculture; Cindy Banzer, Oregon to stimulate increased domestic cruise ship opportu- Forest Homeowners Association, Portland; Mary nities for the American cruising public by tempo- Clarke Ver Hoef, National Forest Homeowners, Sac- rarily reducing barriers for entry into the domestic ramento, California; David R. Mead, Sawtooth Forest cruise ship trade, but did not complete action there- Cabin Owners’ Association, Twin Falls, Idaho; Paul on, and the bills were subsequently withdrawn. R. Allman, American Land Rights Association, Berkeley, California; and Paula Wonnacott, Rock SATELLITE TV ACCESS Springs, Wyoming. Committee on Commerce, Science, and Transportation: Committee concluded hearings on S. 2494, to amend NOMINATIONS the Communications Act of 1934 to enhance the Committee on Environment and Public Works: Commit- ability of direct broadcast satellite and other multi- tee concluded hearings on the nominations of Greta channel video providers to compete effectively with Joy Dicus, of Arkansas, and Jeffrey S. Merrifield, of cable television systems, after receiving testimony New Hampshire, each to be a Member of the Nu- from Charles C. Hewitt, Satellite Broadcasting and Communications Association, Alexandria, Virginia; clear Regulatory Commission, after the nominees tes- Gene Kimmelman, Consumers Union, Washington, tified and answered questions in their own behalf. D.C.; K. James Yager, Benedek Broadcasting Cor- Ms. Dicus was introduced by Senator Bumpers, and poration, Rockford, Illinois; and Andrew J. Fisher, Mr. Merrifield was introduced by Senator Bob Cox Broadcasting Company, Atlanta, Georgia. Smith. D1076 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1998 REGIONAL HAZE/MERCURY POLLUTION An original bill (S. 2536) to protect the safety of Committee on Environment and Public Works: Sub- United States nationals and the interests of the committee on Clean Air, Wetlands, Private Prop- United States at home and abroad, to improve global erty, and Nuclear Safety concluded hearings to exam- cooperation and responsiveness to international crime ine the state of current scientific understanding re- and terrorism, and to more effectively deter inter- garding the effects of mercury pollution on humans, national crime and acts of violence; and the Environmental Protection Agency’s progress S. 1720, to amend title 17, United States Code, toward developing a rule to address the problem of to reform the copyright law with respect to satellite regional haze within National Park areas, after re- retransmissions of broadcast signals, with an amend- ceiving testimony from Senator Leahy; John S. Seitz, ment in the nature of a substitute; Director, Office of Air Quality Planning and Stand- S. 2524, to codify without substantive change ards, Office of Air and Radiation, and William H. laws related to Patriotic and National Observances, Farland, Director, National Center for Environmental Ceremonies, and Organizations and to improve the Assessment, both of the Environmental Protection United States Code; Agency; Barry L. Johnson, Assistant Surgeon Gen- S. Res. 283, to refer H.R. 998 entitled ‘‘A bill for eral/Assistant Administrator, Agency for Toxic Sub- the relief of Lloyd B. Gamble’’ to the chief judge of stances and Disease Registry, Department of Health the United States Court of Federal Claims for a re- port thereon; and Human Services; Colorado State Senator Donald S. 1171, for the relief of Janina Altagracia Ament, Denver; Dianne R. Nielson, Utah Depart- Castillo-Rojas and her husband, Diogenes Patricio ment of Environmental Quality, Salt Lake City; John Rojas, with an amendment in the nature of a sub- Paul Woodley Jr., Virginia Secretary of Natural Re- stitute; sources, Richmond; C. Mark Smith, Massachusetts S. 1926, for the relief of Regine Beatie Edwards; Department of Environmental Protection, Boston, on S. 1961, for the relief of Suchada Kwong; behalf of the New England Governors and Eastern H.R. 1949, for the relief of Nuratu Olarewaju Canadian Premiers Mercury Task Force; Shawn B. Abeke Kadiri; Kendall, Phelps Dodge Corporation, Phoenix, Ari- S. 1916, for the relief of Marin Turcinovic, and zona; Tim Eder, Great Lakes Natural Resource Cen- his fiancee, Corina Dechalup; ter/National Wildlife Federation, Ann Arbor, Michi- S. 2476, for the relief of Wei Jengsheng, with an gan; Leonard Levin, Electric Power Research Insti- amendment in the nature of a substitute; and tute, Palo Alto, California; and Gary Myers, Univer- S. 2516, to make improvements in the operation sity of Rochester, Rochester, New York. and administration of the Federal courts. PARENTAL ABDUCTION NOMINATIONS Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee concluded hearings to examine the United States response to hearings on the nominations of David O. Carter, to certain cases of international parental abduction, fo- be United States District Judge for the Central Dis- cusing on proposals to coordinate better diplomatic trict of California, Robert S. Lasnik, to be United and law enforcement efforts to assist parents seeking States District Judge for the Western District of the return of their children, after receiving testimony Washington, Anabelle Rodriguez, to be United from Janet Reno, Attorney General, Department of States District Judge for the District of Puerto Rico, Justice; Lady Catherine I. Meyer, British Embassy, Margaret B. Seymour, to be United States District Washington, D.C.; Thomas R. Sylvester, Cincinnati, Judge for the District of South Carolina, and Aleta Ohio; Thomas A. Johnson, Alexandria, Virginia; and A. Trauger, to be United States District Judge for Paul Marinkovich, Simi Valley, California. the Middle District of Tennessee, after the nominees POSTAL SERVICE testified and answered questions in their own behalf. Mr. Carter was introduced by Senator Feinstein and Committee on Governmental Affairs: Subcommittee on Representatives Cox and Sanchez, Mr. Lasnik was in- International Security, Proliferation and Federal Serv- troduced by Senators Gorton and Murray, Ms. ices concluded oversight hearings to examine the an- Rodriguez was introduced by Representative Velaz- nual report of the United States Postal Service, after quez, Ms. Seymour was introduced by Senators receiving testimony from William J. Henderson, Thurmond and Hollings, and Ms. Trauger was intro- Postmaster General, United States Postal Service. duced by Senators Thompson and Frist. BUSINESS MEETING CAPITOL SECURITY Committee on the Judiciary: Committee ordered favor- Committee on Rules and Administration: Committee re- ably reported the following bills: sumed closed hearings to examine United States October 1, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1077 Capitol security issues, receiving testimony from Office of Economic Development, both of the De- Wilson Livingood, Sergeant at Arms, U.S. House of partment of the Interior; and Patrick Borunda, Or- Representatives; Gregory S. Casey, Sergeant at Arms, egon Native American Business Entrepreneurial Net- United States Senate; Alan M. Hantman, Architect work, Portland, Oregon. of the Capitol; and Kenneth Lopez, Director of Secu- rity, Library of Congress. BUSINESS MEETING NATIVE AMERICAN BUSINESS Committee on Indian Affairs: Committee ordered favor- DEVELOPMENT ably reported S. 2097, to encourage and facilitate the Committee on Indian Affairs: Committee concluded resolution of conflicts involving Indian tribes, with hearings on S. 2010, to provide for business develop- an amendment in the nature of a substitute. ment and trade promotion for Native Americans, after receiving testimony from Daniel J. Mclaughlin, BUSINESS MEETING Deputy Assistant Secretary of Commerce for Oper- Select Committee on Intelligence: Committee met in ations, U.S. and Foreign Commercial Service; Mi- closed session to consider pending committee busi- chael J. Anderson, Deputy Assistant Secretary for In- ness, but made no announcements, and recessed sub- dian Affairs, and Dominic Nessi, Acting Director, ject to call. h House of Representatives H. Res. 563, waiving points of order against the Chamber Action conference report on H.R. 4104, making appropria- Bills Introduced: 22 public bills, H.R. 4656–4677; tions for the Treasury Department, the United States 1 private bill, H.R. 4678; and 5 resolutions, H. Postal Service, the Executive Office of the President, Con. Res. 331, and H. Res. 561, 562, 565, and 566, and certain Independent Agencies, for the fiscal year were introduced. Pages H9273±75 ending September 30, 1999 (H. Res. 105–761); and Reports Filed: Reports were filed today as follows: H. Res. 564, providing for consideration of H.R. H.R. 4280, to provide for greater access to child 4274, making appropriations for the Department of care services for Federal employees, amended (H. Labor, Health, and Human Services, and Education, Rept. 105–756 Part 1); and related agencies, for the fiscal year ending Sep- H.R. 2566, to amend title 5, United States Code, tember 30, 1999 (H. Rept. 105–762). to expand the class of individuals under the Civil Pages H9213±45, H9273 Service Retirement System eligible to elect the op- Speaker Pro Tempore: Read a letter from the tion under which the deposit which is normally re- Speaker wherein he designated Representative Ewing quired in connection with a refund previously taken to act as Speaker pro tempore for today. Page H9189 may instead be made up through an actuarially Re-referral of a Bill: H.R. 2349, to redesignate the equivalent annuity reduction, amended (H. Rept. Federal building located at 10301 South Compton 105–757); Avenue, in Los Angeles, California, and known as H. Res. 560, providing for consideration of H.R. the Watts Finance Office, as the ‘‘Augustus F. Haw- 3789, to amend title 28, United States Code, to en- kins Post Office Building’’ was re-referred to the large Federal Court jurisdiction over purported class Committee on Government Reform and Oversight. actions (H. Rept. 105–758); Page H9192 H.R. 563, to establish a toll free number in the Same Day Consideration of Certain Rules Com- Department of Commerce to assist consumers in de- mittee Resolutions: The House agreed to H. Res. termining if products are American-made, amended 558, waiving a requirement of clause 4(b) of rule XI (H. Rept. 105–759); with respect to consideration of certain resolutions Conference report on H.R. 4104, making appro- reported from the Committee on Rules. Page H9192 priations for the Treasury Department, the United States Postal Service, the Executive Office of the Recess: The House recessed at 3:53 p.m. and recon- President, and certain Independent Agencies, for the vened at 4:33 p.m. Page H9202 fiscal year ending September 30, 1999 (H. Rept. WIC Reauthorization Amendments: The House 105–760); disagreed to the Senate amendment to H.R. 3874, D1078 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1998 to amend the Child Nutrition Act of 1966 to make Quorum Calls—Votes: Two yea and nay votes de- improvements to the special supplemental nutrition veloped during the proceedings of the House today program for women, infants, and children and to ex- and appear on pages H9203–04 and H9262. There tend the authority of that program through fiscal were no quorum calls. year 2003, and agreed to a conference. Appointed as Adjournment: The House met at 2:00 p.m. and ad- conferees for consideration of the House bill, and the journed at 10:22 p.m. Senate amendment, and modifications committed to conference: Representatives Goodling, Riggs, Castle, Clay, and Martinez. Appointed as conferees from the Committee Meetings Committee on Agriculture for consideration of sec- tions 2, 101, 104(b), 106, 202(c) and 202(o) of the HEDGE FUND OPERATIONS House bill, and sections 101, 111, 114, 203(c), Committee on Banking and Financial Services: Held an 203(r) and titles III and IV of the Senate amend- oversight hearing on Hedge Fund Operations. Testi- ment, and modifications committed to conference: mony was heard from the following officials of the Representatives Smith of Oregon, Goodlatte, and Federal Reserve System: Alan Greenspan, Chairman, Stenholm. Page H9202 Board of Governors; and William J. McDonough, National Center for Missing and Exploited Chil- President, New York Federal Reserve Bank; Donna dren: The House insisted upon its amendments to Tanoue, Chairman, FDIC; Brooksley Born, Chair- person, Commodity Futures Trading Commission; S. 2073, to authorize appropriations for the National Julie Williams, Acting Comptroller of the Currency, Center for Missing and Exploited Children, and Department of the Treasury; Richard Lindsey, Direc- asked for a conference, by a yea and nay vote of 376 tor, Division of Market Regulation, SEC; and public yeas to 36 nays, Roll No. 474. Appointed as con- witnesses. ferees: Representatives Goodling, Castle, Souder, Hyde, McCollum, Hutchinson, Martinez, Scott, Con- COMPACTS OF FREE ASSOCIATION yers, and Jackson-Lee of Texas. Pages H9202±04 Committee on Resources: and the Subcommittee on Asia Recess: The House recessed at 4:40 p.m. and recon- and the Pacific of the Committee on International vened at 5:02 p.m. Page H9203 Relations held a joint oversight hearing on Compacts Automated Entry-Exit Control System: The House of Free Association with the Marshall Islands, Fed- passed H.R. 4658, to extend the date by which an erated States of Micronesia, and Palau. Testimony automated entry-exit control system must be devel- was heard from Stanley Roth, Assistant Secretary, oped. Page H9204 East Asian and Pacific Affairs, Department of State; Allen P. Stayman, Director, Office of Insular Affairs, Year 2000 Information Disclosure Act: The Department of the Interior; Kurt M. Campbell, Dep- House passed S. 2392, to encourage the disclosure uty Assistant Secretary, Asian and Pacific Affairs, and exchange of information about computer proc- Department of Defense; Phillip Muller, Minister of essing problems, solutions, test practices and test re- Foreign Affairs and Trade, Republic of the Marshall sults, and related matters in connection with the Islands; Ambassador Hersey Kyota, Republic of transition to the year 2000—clearing the measure Palau; and Asterio R. Takesy, Executive Director, for the President. Pages H9204±08 Joint Committee on Compact Economic Negotia- Treasury, Postal Service Appropriations Con- tions, Federated States of Micronesia. ference Report: The House failed to agree to H. Res. 563, the rule waiving points of order against CONFERENCE REPORT—TREASURY, consideration of the conference report on H.R. 4104, POSTAL SERVICE, GENERAL GOVERNMENT making Appropriations for the Treasury Department, APPROPRIATIONS the United States Postal Service, the executive Office Committee on Rules: Granted, by voice vote, a rule of the President, and certain Independent Agencies waiving all points of order against the conference re- for the fiscal year ending September 30, 1999 by yea port to accompany H.R. 4104, making appropria- and nay vote of 106 yeas to 294 nays, Roll No. 476. tions for the Treasury Department, the United States Pages H9255±62 Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year Senate Messages: Message received from the Senate ending September 30, 1999, and against its consid- today appears on page H9189. eration. The rule provides that the conference report Amendments: Amendments ordered printed pursu- shall be considered as read. Testimony was heard ant to the rule appear on pages H9275–77. from Representatives Kolbe and Hoyer. October 1, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1079 CLASS ACTION JURISDICTION ACT OVERSIGHT—NASA AT 40 Committee on Rules: Granted, by a voice vote, an open Committee on Science: Subcommittee on Space and Aer- rule providing 1 hour of debate on H.R. 3789, Class onautics held an oversight hearing on NASA at 40: Action Jurisdiction Act of 1998. The rule makes in What kind of space program does America need for order as an original bill for the purpose of amend- the 2lst century? Testimony was heard from Daniel ment the Judiciary Committee amendment in the S. Goldin, Administrator, NASA; and public wit- nature of a substitute printed in the bill, and pro- nesses. vides that each section will be considered as read. The rule provides priority in recognition to Members who have pre-printed their amendments in the Con- Joint Meetings gressional Record. The rule allows the Chairman of the Committee of the Whole to postpone recorded INTELLIGENCE AUTHORIZATION votes and reduces the voting time to five minutes, Conferees met to resolve the differences between the providing that the minimum time for voting on the Senate-and House-passed versions of H.R. 3694, to first in any series of votes is not less than 15 min- authorize funds for fiscal year 1999 for intelligence utes. Finally, the rule provides one motion to recom- and intelligence-related activities of the United mit with or without instructions. Testimony was States Government, the Community Management heard from Representatives Bryant, Coble, Frank of Account, and the Central Intelligence Agency Re- Massachusetts and Jackson-Lee. tirement and Disability System, and recessed subject to call. LABOR, HEALTH AND HUMAN SERVICES, f AND EDUCATION APPROPRIATIONS Committee on Rules: Granted, by voice vote, an open COMMITTEE MEETINGS FOR rule on H.R. 4272, making appropriations for the FRIDAY, OCTOBER 2, 1998 Department of Labor, Health and Human Services, (Committee meetings are open unless otherwise indicated) and Education, and related agencies for the fiscal year ending September 30, 1999 providing ninety Senate minutes of general debate to be equally divided be- Committee on Armed Services, to hold hearings on ballistic tween the chairman and ranking minority member missile defense programs, policies, and related issues, 10 of the Committee on Appropriations. The rule a.m., SH–216. waives clause 2 (prohibiting unauthorized and legis- Committee on Environment and Public Works, business lative provisions in an appropriations bill) and clause meeting, to consider pending calendar business, 9:30 6 (prohibiting reappropriations in an appropriations a.m., SD–406. bill) of rule XXI against provisions in the bill except Committee on Foreign Relations, Subcommittee on East as otherwise specified in the rule. The rule makes in Asian and Pacific Affairs, to hold hearings to examine order those amendments printed in the Rules Com- post elections and United States policy options with re- mittee report which may only be offered by the gard to Cambodia, 10 a.m., SD–419. Full Committee, to hold hearings on the nomination Member designated, shall be considered as read, shall of C. Donald Johnson, Jr., of Georgia, for the rank of be debatable for the time specified in the report Ambassador during his tenure of service as Chief Textile equally divided and controlled by the proponent and Negotiator, 11 a.m., S–116, Capitol. an opponent, shall not be subject to amendment ex- Full Committee, to hold hearings on the nomination cept as specified in the report, and shall not be sub- of Frank E. Loy, of the District of Columbia, to be Under ject to a demand for a division of the question. The Secretary of State for Global Affairs, 2 p.m., SD–419. rule waives all points of order against the amend- Committee on Governmental Affairs, to hold hearings on ments printed in the report. The rule authorizes the the nominations of John U. Sepulveda, of New York, to Chair to accord priority in recognition to Members be Deputy Director of the Office of Personnel Manage- who have pre-printed their amendments in the Con- ment, and Joseph Swerdzewski, of Colorado, to be Gen- gressional Record. The rule allows for the Chairman eral Counsel of the Federal Labor Relations Authority, 9 of the Committee of the Whole to postpone votes a.m., SD–342. Committee on the Judiciary, Subcommittee on Antitrust, during consideration of the bill, and to reduce votes Business Rights, and Competition, to hold hearings to to five minutes on a postponed question if the vote examine the effectiveness of international antitrust en- follows a fifteen minute vote. Finally, the rule pro- forcement activities, 10 a.m., SD–226. vides one motion to recommit with or without in- Special Committee on the Year 2000 Technology Problem, to structions. Testimony was heard from Representa- hold hearings to examine general government emergency tives Istook and Greenwood. services’ preparedness for Year 2000, 9:30 a.m., SD–192. D1080 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1998 House policies toward the Ukrainian people; H. Con. Res. 309, condemning the forced abduction of Ugandan children Committee on Commerce, Subcommittee on Energy and and their use as soldiers; H. Con. Res. 320, supporting Power, hearing on Energy Security: What Will The New the Baltic people of Estonia, Latvia, and Lithuania, and Millennium Bring? 10 a.m., 2322 Rayburn. condemning the Nazi-Soviet Pact of Non-Agression of Subcommittee on Health and Environment, hearing on August 23, 1939; a resolution expressing the sense of the The Medicare Choice Program After One Year, 10 a.m., 2123 Rayburn. Congress concerning the inadequacy of sewage infrastruc- Subcommittee on Oversight and Investigations, hearing ture facilities in Tijuana, Mexico; H. Res. 518, calling for on Imported Drugs: U.S.-EU (European Union) Mutual free and transparent elections in Gabon; H. Res. 533, ex- Recognition Agreement on Drug Inspections, 10 a.m., pressing the sense of the House of Representatives regard- 2216 Rayburn. ing the culpability of Hun Sen for war crimes, crimes Committee on Education and the Workforce, Subcommittee against humanity, and genocide in Cambodia (the former on Oversight and Investigations, to consider Contempt of Kampuchea, and the State of Cambodia); a resolution Congress on the International Brotherhood of Teamsters concerning properties wrongfully expropriated by for- for failure to comply with Subpoena, 10 a.m., 2175 Ray- merly totalitarian countries; and H. Res. 557, expressing burn. support for U.S.efforts to identify Holocaust-era assets, Committee on Government Reform and Oversight, Sub- urging the restitution of individual and communal prop- committee on the District of Columbia, the Subcommit- erty, 11:30 a.m., 2172 Rayburn. tee on Government Management, Information, and Tech- Committee on National Security, Subcommittee on Mili- nology and the Subcommittee on Technology of the tary Personnel, hearing on POW/MIA oversight, 9 a.m., Committee on Science, joint hearing on the District of 2212 Rayburn. Columbia’s Year 2000 Compliance Challenges, 1:30 p.m., Committee on Science, Subcommittee on Energy and Envi- 2318 Rayburn. ronment, oversight hearing on Here Comes La Nina: Subcommittee on National Security, International Af- What to Expect from the Weather in the Winter of fairs, and Criminal Justice, hearing on Combating Terror- 1998–99, 10 a.m., 2328 Rayburn. ism: The Status of the Defense Department Domestic Committee on Transportation and Infrastructure, hearing to Preparedness Program, 10 a.m., 2154 Rayburn. review transportation and infrastructure issues related to Committee on House Oversight, to consider pending busi- the Year 2000 Computer Problem Y2K: Will We Get ness, 10 a.m., 1310 Longworth. There on Time? 10 a.m., 2167 Rayburn. Committee on International Relations, to consider the fol- Subcommittee on Public Buildings and Economic De- lowing: a measure to increase rewards offered for the ar- velopment, hearing on H.R. 4034, Federal Protective rest of terrorist and narcotics traffickers and to offer re- Service Reform Act of 1998, 9 a.m., 2253 Rayburn. wards for Yugoslav war criminals; H.R. 4655, Iraq Lib- Select Committee on U.S. National Security and Military/ eration Act of 1998; H.R. 4506, International Child Commercial Concerns with the People’s Republic of China, exec- Labor Relief Act of 1998; H. Res. 523, expressing the utive, to continue to receive briefings on pending busi- sense of the House of Representatives regarding the ter- ness, 8 a.m., H–405 Capitol. rorist bombing of the United States Embassies in East Africa; H. Con. Res. 295, expressing the sense of Con- Joint Meetings gress that the 65th anniversary of the Ukrainian Famine Joint Economic Committee, to hold hearings on the em- of 1932–1933 should serve as a reminder of the brutality ployment-unemployment situation for September, 9:30 of the government of the former Soviet Union’s repressive a.m., 1334 Longworth Building. October 1, 1998 CONGRESSIONAL RECORD—DAILY DIGEST D1081

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 27 through September 30, 1998 January 27 through September 30, 1998 Senate House Total Civilian nominations, totaling 428 (including 124 nominations carried Days in session ...... 127 99 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 1,000 hrs., 46 839 hrs., 47 . . Confirmed ...... 192 Congressional Record: Unconfirmed ...... 212 Pages of proceedings ...... 11,210 9,188 . . Withdrawn ...... 24 Extensions of Remarks ...... 1,848 . . Public bills enacted into law ...... 29 58 87 Other civilian nominations, totaling 1,532 (including 86 nominations Private bills enacted into law ...... carried over from the First Session), disposed of as follows: Bills in conference ...... 22 13 . . Measures passed, total ...... 280 456 736 Confirmed ...... 721 Unconfirmed ...... 811 Senate bills ...... 79 38 . . House bills ...... 79 218 . . Senate joint resolutions ...... 3 1 . . Air Force nominations, totaling 6,091 (including 21 nominations House joint resolutions ...... 3 5 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 23 9 . . Confirmed ...... 6,067 House concurrent resolutions ...... 17 41 . . Unconfirmed ...... 24 Simple resolutions ...... 76 144 . . Measures reported, total ...... *316 *325 641 Army nominations, totaling 5,480 (including 2 nominations carried Senate bills ...... 215 5 . . over from the First Session), disposed of as follows: House bills ...... 67 208 . . Confirmed ...... 3,773 Senate joint resolutions ...... 7 . . . . Unconfirmed ...... 1,707 House joint resolutions ...... 1 4 . . Senate concurrent resolutions ...... 8 . . . . Navy nominations, totaling 5,051 (including 4 nominations carried House concurrent resolutions ...... 1 9 . . over from the First Session), disposed of as follows: Simple resolutions ...... 17 99 . . Special reports ...... 16 9 . . Confirmed ...... 5,040 Conference reports ...... 14 . . Unconfirmed ...... 11 Measures pending on calendar ...... 316 83 . . Measures introduced, total ...... 1,157 1,946 3,103 Marine Corps nominations, totaling 1,847, disposed of as follows: Bills ...... 969 1,567 . . Confirmed ...... 1,846 Joint resolutions ...... 18 24 . . Unconfirmed ...... 1 Concurrent resolutions ...... 51 130 . . Simple resolutions ...... 119 225 . . Summary Quorum calls ...... 4 13 . . Yea-and-nay votes ...... 292 199 . . Total Nominations carried over from First Session ...... 237 Recorded votes ...... 261 . . Total Nominations received this Session ...... 20,192 Bills vetoed ...... 1 2 . . Total Confirmed ...... 17,639 Vetoes overridden ...... 1 22 . . Total Unconfirmed ...... 2,766 Total Withdrawn ...... 24 D1082 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 2 9 a.m., Friday, October 2

Senate Chamber House Chamber Program for Friday: Senate will consider S. 442, Inter- Program for Friday: Consideration of the conference re- net Tax Freedom Act. Senate may also consider further port on H.R. 4101, Agriculture, Rural Development, appropriations bills, or any legislative or executive items Food and Drug Administration and Related Agencies Ap- cleared for action. propriations Act for Fiscal Year 1999 Conference Report (Subject to a Rule); Consideration of S. 2392, Year 2000 Information Dis- closure Act (Subject to a Rule); and Consideration of H.R. 4274, Labor, HHS Appropria- tions Act for Fiscal Year 1999 (rule only).

Extensions of Remarks, as inserted in this issue

HOUSE Fazio, Vic, Calif., E1872 Pallone, Frank, Jr., N.J., E1873 Gallegly, Elton, Calif., E1859 Pelosi, Nancy, Calif., E1856 Barcia, James A., Mich., E1868 Gejdenson, Sam, Conn., E1856, E1860 Petri, Thomas E., Wisc., E1860 Bentsen, Ken, Tex., E1858, E1859 Gilman, Benjamin A., N.Y., E1852, E1857 Portman, Rob, Ohio, E1873 Bereuter, Doug, Nebr., E1857, E1858 Gordon, Bart, Tenn., E1852, E1856 Ros-Lehtinen, Ileana, Fla., E1863 Berry, Marion, Ark., E1866 Hall, Ralph M., Tex., E1864 Roukema, Marge, N.J., E1851, E1852, E1855 Bonilla, Henry, Tex., E1860 Hamilton, Lee H., Ind., E1851, E1853 Saxton, Jim, N.J., E1863 Calvert, Ken, Calif., E1872 Hinchey, Maurice D., N.Y., E1866 Smith, Christopher H., N.J., E1859 Cannon, Chris, Utah, E1865 Hoyer, Steny H., Md., E1867 Solomon, Gerald B.H., N.Y., E1874 Clay, William (Bill), Mo., E1854 Jenkins, William L., Tenn., E1858 Stark, Fortney Pete, Calif., E1870 Clayton, Eva M., N.C., E1862 Kleczka, Gerald D., Wisc., E1861 Stokes, Louis, Ohio, E1862 Clement, Bob, Tenn., E1867 Kucinich, Dennis J., Ohio, E1859, E1862, E1863, E1864, Thompson, Bennie G., Miss., E1867 Clyburn, James E., S.C., E1864 E1865 Towns, Edolphus, N.Y., E1853 Costello, Jerry F., Ill., E1868 Lampson, Nick, Tex., E1861 Underwood, Robert A., Guam, E1862 Crane, Philip M., Ill., E1865 Lantos, Tom, Calif., E1869 Upton, Fred, Mich., E1872 Davis, Jim, Fla., E1868 McCarthy, Carolyn, N.Y., E1869 Walsh, James T., N.Y., E1864 Dreier, David, Calif., E1851 McKeon, Howard P. ‘‘Buck’’, Calif., E1873 Weygand, Robert A., R.I., E1871 Ensign, John E., Nev., E1868 Markey, Edward J., Mass., E1861 Young, C.W. Bill, Fla., E1872 Farr, Sam, Calif., E1857, E1858 Morella, Constance A., Md., E1863 Fattah, Chaka, Pa., E1870 Ney, Robert W., Ohio, E1863

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