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

Vol. 143 WASHINGTON, MONDAY, SEPTEMBER 15, 1997 No. 122 Senate The Senate met at 12 noon and was Mr. LOTT. Thank you, Mr. President. As Members are aware, then, there called to order by the President pro f will only be one appropriations bill tempore [Mr. THURMOND]. left, and we will take it up later on this SCHEDULE week or the D.C. appropriations bill PRAYER Mr. LOTT. Mr. President, we have will come up perhaps early next week. The Chaplain, Dr. Lloyd John the opportunity this week, I believe, to We need Members’ cooperation in Ogilvie, offered the following prayer: complete action on the Interior appro- scheduling floor action, and we will at- Gracious Father, this is a day for re- priations bill and on the Food and Drug tempt to conclude action on both these joicing over the manifold good things Administration reform package. There bills this week. We will notify the You have given us. Help us to take has been a lot of work done on FDA, Members when rollcall votes are agreed nothing and no one for granted. As we and I believe a consensus is evolving. to. move through this day, help us to savor Hopefully, within a day or day and a Under rule XXII, all first-degree the sheer wonder of being alive. Thank half, we could complete action on that amendments to S. 830, that is the FDA You for giving us the ability to think, bill this week. And if time permits, we reform bill, must be filed by 1 p.m. understand, and receive Your guidance. will also take up the D.C. appropria- today. I want to remind Members of We praise You for the people You have tions bill which would be the last of that deadline. placed in our lives. Help us to appre- the 13 appropriations bills the Senate I thank my colleagues for their at- ciate the never-to-be-repeated miracle needs to pass. tention, and I wish the chairman and of each personality. Today, though, the Senate will re- manager of the bill, the great Senator We are grateful for the challenges we sume consideration of H.R. 2107, the In- from the State of Washington, good have before us, which compel us to de- terior appropriations bill. As an- luck in completing his work. pend on You more. Thank You, too, for nounced earlier, there will be no roll- I yield the floor, Mr. President. the opportunities that are beyond our call votes today. Any votes ordered on f ability to fulfill so that we may be amendments to this bill, H.R. 2107, will DEPARTMENT OF THE INTERIOR forced to trust You for wisdom and be set aside to occur at a time to be de- AND RELATED AGENCIES APPRO- strength to accomplish them. We re- termined by the majority leader in PRIATIONS ACT, 1998 consultation with the minority leader. joice over Your daily interventions to The PRESIDING OFFICER (Mr. ROB- Presumably, that would be in the help us; we even rejoice in our prob- ERTS). Under the previous order, the morning, hopefully even early in the lems, for they allow You to show us Senate will now resume consideration morning. The Senate will be able, what You can do with a life entrusted of H.R. 2107, which the clerk will re- hopefully, to conclude debate on the to You. Rather than pray, ‘‘Get me out port. of this,’’ help us to pray, ‘‘Lord, what Interior bill by Tuesday. We have one The legislative clerk read as follows: of our most outstanding chairmen who do You want me to get out of this?’’ A bill (H.R. 2107) making appropriations Then free us to rejoice in the privilege is managing this bill. I think this one for the Department of the Interior and re- of new discoveries. is going to be a handful for him, but lated agencies for the fiscal year ending Sep- Today, gracious Lord, we express our they have worked out a number of tember 30, 1998. sympathy to Senator DANIEL AKAKA on issues. I feel like we will be able to get The Senate resumed consideration of the loss of his brother, the Reverend an early resolution and complete ac- the bill. Abraham Akaka, who made such a tion on the Interior appropriations bill. EXCEPTED COMMITTEE AMENDMENT ON PAGE 46, great impact on the State of Hawaii. Members are encouraged to contact the LINE 15 Bless this family in their time of need. managers of the bill to schedule floor The PRESIDING OFFICER. The And so, Lord, in all things, great and action on any possible amendments. I pending question is the committee small, we rejoice in You, gracious Lord hope Members will not wait until amendment on page 46, line 15. of all. Through our Saviour and Lord. sometime Tuesday afternoon or late The distinguished Senator from Amen. Tuesday night, or whenever, when it is Washington is recognized. f convenient for them to drop by if they Mr. GORTON. Mr. President, the ma- have any amendments. If you have a jority leader has already pointed out RECOGNITION OF THE MAJORITY good amendment, you get more atten- what he hopes will be the schedule in LEADER tion, you get a better chance to have it connection with this and other bills The PRESIDENT pro tempore. The properly considered and even get a vote during the course of the week. As he able majority leader, Senator LOTT if you show up early for work and offer said, there will not be any votes on any from Mississippi, is recognized. your amendment. amendments to this bill today, but

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

S9303

.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9304 CONGRESSIONAL RECORD — SENATE September 15, 1997 through most of last week, we ex- one from Washington State to hear me a third of that produced by the upper pressed our views that today would say today that I have been less than Elwha River Dam, and a minuscule present a wonderful opportunity to de- excited about this proposal. While I al- amount in comparison to our produc- bate what may very well be the most ways have been enthusiastic about the tive Snake and Columbia River Dams. controversial of all of the elements in Federal Government’s purchasing these In addition, Mr. President, the lower the bill: the appropriation for the Na- two dams from a local paper company, Elwha River Dam is in bad physical tional Endowment for the Arts. I have been skeptical that Elwha River shape. The notices that I have received in dam removal will provide significant So, if Congress acts properly, we can connection with amendments include benefit to our salmon resources. remove the wild card from the deck more on that subject, those which are For years, I have been told that 100- and assure an important level of com- to be more liberal with the National pound salmon used to fill the Elwha munity protection. As a consequence, Endowment than the bill has been and River, and that if we just removed my support for this lower dam’s re- those wishing to be more conservative these two dams, those big salmon moval is conditioned on legislated pro- or to restrict its use or even to abolish would return. tection for Port Angeles’ water supply its appropriation, have stated that While that is the proponents’ most and protection for the jobs created by they will produce such amendments. compelling argument—perhaps their the local mill. No legislation to remove We have asked as many of those only argument—for removal, I fear an Elwha River Dam will pass the U.S. Members to be present sometime dur- that it is one with the promises that Senate without these protections, ex- ing today’s session of the Senate as have caused us to spend some $3 billion cept over my strong objections, while I possible. Most of them on Friday indi- on the Columbia River, with little dis- am a Member. cated that they would be able to be cernible effect, except on our power Mr. President, I must tell you that here today. Obviously, as the majority costs. If dams are the reason that there while I believe the course of action I leader said, today gives them an oppor- are no 100-pound salmon swimming in am taking on the issue is the right one, tunity to debate their amendments and the Elwha River, why are there no huge I am disturbed by what is forcing me to to state their views on the National salmon in dozens of other Olympic Pe- take this step in such a hasty manner. Endowment for the Arts in full and at ninsula rivers that have never been I am driven by the threat of court ac- leisure, where tomorrow may be some- dammed? Will we waste our money on tion, or the possibility that the Federal what more hectic. the Elwha as we have on the Columbia? Government might just step in and re- As you can tell, I have severe doubts So I hope that all of them who are in move the dams on its own with no about the wisdom of knocking down ei- or around the Capitol and the staffs of thought given to the concerns of the ther of these dams under the guise of all of those Senators who have an in- local community. benefit to the salmon. I am quite cer- terest in the subject will urge them to While I have come to this agonizing tain, however, that there are other come to the floor, offer their amend- decision after years of internal and clear costs to their removal. Taxpayers ments, speak to the National Endow- public debate about the fate of these must pay the huge costs of that re- ment for the Arts, complete much of dams, my decision has been driven by moval. Power generation will be lost, the unilateral activism this adminis- the debate on the subject today so that and in the case of the Elwha River tration has demonstrated when it we can vote tomorrow on that subject. Dams, serious questions remain about Having said that, Mr. President, no- comes to complex environmental potential damage to the city of Port ticing that no such Senators are issues. Angeles’ water supply. As I weigh these Based upon the Clinton administra- present today, I have remarks on a sub- costs against the potential benefits to tion’s actions last year in Utah, can ject of importance—vital importance— salmon, I have almost always sided anyone not justifiably worry that a to the people of the State of Wash- against dam removal. similar overreaching Federal Govern- ington, one that has a high local pro- Unfortunately, the issue isn’t as sim- ment authority will take place on the file and one that has also been of inter- ple as a cost-benefit analysis. If it Elwha River? Is there any doubt that est to the administration to the extent were, the costs of removing the two when this administration is faced with that it made a specific reference to it dams would certainly outweigh the po- deciding between the desires of na- in its budget presentation this year. So tential benefit to the salmon. But, as I tional environmental organizations I will ask the indulgence of the Presi- say, it is not just that simple anymore. and the needs of local communities, it dent and will make my remarks with There is a wild card to this issue that always sides with the national environ- respect to the Elwha River dams at makes me nervous, a wild card that mental groups? this point. makes me want to act now, a wild card This is not an easy decision for me— Mr. President, during the course of that, if played, could have a dev- it is made difficult by the dozens of the last week, I said publicly that I astating effect on the Port Angeles meetings I’ve had with people most af- would consider supporting removal of community. fected by this issue. I’ve listened to one of two dams on the Elwha River on The desire of the Interior Secretary hundreds of local people who live near the Olympic Peninsula in Washington to tear down a dam, a proposal he has the Elwha River express their concerns State. Specifically, with important advocated consistently, together with with dam removal and what it means conditions attached, I can support leg- the very real and growing threat that a to the local community. islation that would allow the removal Federal judge, or the Federal Energy To be fair, I am also impressed by the of the smaller downriver dam. As this Regulatory Commission, may order the work of a broad-based coalition of resi- represents something of a change in removal of Elwha River Dams without dents who have studied the issue and my position, it warrants a more de- congressional approval, present real who may have originated the proposal tailed explanation on my part—what threats to the community, are beyond to deal with the two dams separately, this new position means and, just as our control and cannot be ignored. in a staged process. I want to commend importantly, what it does not mean. A court- or agency-ordered removal the Elwha Citizens’ Advisory Com- For many years, national environ- may well impose all of the costs of re- mittee for its work on this issue, and mental groups, the Clinton administra- moving the dams on the local commu- all of the hard work that went into de- tion, much of the media in the Pacific nity. Jobs would be destroyed, and Port veloping the committee’s report, ‘‘The Northwest, and many Northwest elect- Angeles’ supply of clean drinking water Elwha River and Our Community’s Fu- ed officials have pushed for the re- would be threatened. The risk of court ture.’’ moval of both dams on the Elwha or agency action is too great and will I’ve also listened to the concerns of River. leave the local community in a terrible my constituents in eastern Wash- In 1992, I reluctantly supported legis- position if a judge or Washington, DC, ington, who while not immediately im- lation to begin the process of having bureaucrat were to suddenly decide pacted by the removal of the Elwha the Government study and acquire that he or she could take charge of this River dams, are watching this debate both of these dams with an eye toward issue. closely because of their concern that removing them at some time in the fu- The lower Elwha River Dam produces something similar could happen on the ture. Even so, it is no surprise to any- only a modest amount of power, about Columbia or Snake Rivers.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9305 I want to speak specifically to those transportation or flood control without my colleagues that I intend to take people right now, Mr. President, and to the prior authorization of Congress. $18.5 million of this money to complete anyone who might attempt to use my I think it is vitally important to acquisition, and then grab another $60 position on this issue as a justification America’s taxpayers that the first con- million for removal of lower dam, leav- for removing other dams in the Pacific dition be met. This is a very costly ing the remaining dollars—after the Northwest, or as asserting that I be- proposition—the Government esti- $315 million for the acquisition of the lieve the idea to be worth considering. mates that it will cost as much as $60 Headwaters Forest in California and Because of the controversial nature million to remove the lower Elwha the New World Mine in Montana, and of this issue, I think it is important River dam. My sources tell me that the $100 million in State acquisition that people understand what my posi- those estimates are way too low and grants—for division among the other 49 tion on the Elwha River dams does not that the final cost could be much high- States. mean. Some groups and elected offi- er. Of course, no one really knows what To those back home who believe that cials support removal of Elwha River this project might cost, which is why it is either fair or possible that I dams as a first step, a practice run, to- only the lower dam should come down should be able to do that with a snap of ward removing Columbia River system now. my fingers, I suggest a lack of under- hydroelectric dams. Those who want to I want to be sure that when the inevi- standing of how Congress works. make a habit of dam removal should table day comes when national envi- Today we start in earnest on working understand this proposition: I will ronmental groups and editorial writers through this year’s Interior appropria- never support their proposals to re- push for removal of the upper dam, tions bill. In this bill, I have dealt with move Snake or Columbia River dams— they have a true idea of what it will Washington State projects in a fair and never. cost and whether the removal of the generous fashion. We have been able to Our Northwest forebears built for us dam will actually work. The best way fund an additional $2 million for the the world’s most productive hydro- to do that is to study what happens Forest Legacy Program, $8 million for electric system. It is our great eco- when the lower dam is removed. We land acquisition in the Columbia River nomic legacy and continues today as will be able to find out exactly what it Gorge National Scenic Area, and an ad- part of the reason families in the costs to take out this dam, and, even ditional $3 million for forest health re- search at the Pacific Northwest Re- Northwest enjoy the Nation’s lowest better, we can find out once and for all search Station. power rates. This clean and renewable whether removing a dam will actually Other priority projects which have resource does not pollute. bring back salmon. been funded in the Senate Interior ap- These dams also irrigate productive I believe my second condition is only propriations bill and directly benefit farmland in Idaho, eastern Washington, fair to the people of Port Angeles, and Washington State include: An increase and eastern Oregon. These dams have is one that should be met with little, or of $3 million over the President’s budg- created an enormous and productive no, opposition. et request for trail maintenance in the As for my third condition, I think it aquatic highway that moves our agri- Pacific Northwest; $2.5 million to de- is vital to my constituents in eastern cultural products to our ports. These velop a visitors center, interpretive Washington, and to my colleagues who dams save Portland, Oregon, and hun- center, and educational center at the represent Montana, Idaho, and eastern dreds of other communities from disas- Vancouver National Historic Reserve; Oregon, that we in the Congress, and in trous flooding. $500,000 in support of Lewis and Clark Of course, the Columbia River Sys- the administration make the impor- National Historic Trail activities; tem dams exact an environmental tant statement that the dams on the $2,452,000 to replace the Paradise em- price. They hurt our salmon runs. That Columbia and Snake Rivers are not to ployee dorm at Mount Ranier National damage was felt primarily in the 1930’s be touched in the immediate future, Park; $750,000 for regional fisheries en- and 1940’s. Since the last Columbia unless Congress has debated the issue hancement; $840,000 for construction of River dam was constructed we contin- and agrees. a trailhead and information station at ued to have large and healthy salmon Radical revisionists in the media, na- the Steigerwald National Wildlife Ref- runs. The last decade’s alarming de- tional environmental groups, and in uge; and $275,000 for the North Cascades cline in Columbia River salmon runs the administration are actually talk- National Park to fulfill its obligations obviously has more profound causes ing more and more about tearing down under various settlement agreements than our hydroelectric facilities alone. 1 of the 11 dams on the Columbia and relating to the relicensing of hydro- We can do more for salmon especially Snake Rivers. Just last week, a promi- electric projects. by acting in a more intelligent and co- nent Northwest newspaper had a I feel comfortable with what I have ordinated way to restore our Northwest lengthy story about the dam removal accomplished for my State, and proud salmon resources. But the costs associ- movement, and how the proposition for of that work. I must admit that I ated with removing dams on the Snake tearing down a dam on the Columbia would not feel comfortable simply de- or Columbia Rivers will always dwarf River System was gaining momentum. manding from my colleagues that the the potential benefit to salmon. As you can imagine, even talking remaining acquisition funds come out Therefore, Mr. President, I intend about this subject causes huge concern of the land and water conservation this year to work with my colleagues in the communities that depend upon fund without a strong statement of to complete acquisition of the two the river for their livelihoods. support from the administration and Elwha River dams with dollars from It also causes a profound concern to the entire Congress. the Land and Water Conservation this Senator, which is why I think it is I believe such a statement is needed Fund. In addition, I will introduce leg- important that we nip such a proposal so that my colleagues from around the islation authorizing the removal of the in the bud, and nip it now. This legisla- Nation can understand why their pri- lower Elwha River dam. But that bill tion is the most appropriate place to do ority items are being placed behind will also contain three vital conditions so. spending an additional $18 million to I believe to be absolutely necessary at With that, Mr. President, I have com- complete the acquisition of the Elwha the same time: pleted my thoughts on the policy of River Dams, and another $60 million to First, a 12-year study of the impact this proposal. Let me now discuss the remove the lower dam. And Washing- of lower dam removal on fish popu- practicality of getting this done in a tonians may well ask themselves if lations before any consideration of re- reasonable amount of time. they are willing to give up new projects moving the upper dam; Many of the advocates for Elwha like those I have already discussed for Second, a guaranteed hold harmless River Dam removal think Congress several years in order to put all of our for the Pot Angeles water supply; should be able to fund the entire fair share into Elwha River Dam re- Third, no dam on the Columbia or project out of the remaining money in moval. Snake Rivers System can be removed, the land and water conservation fund. Second, there is little chance that breached, or modified in a way that Because I am chairman of the Interior funds for removal of the lower dam will substantially destroys its ability to Appropriations Subcommittee, these come from the land and water con- produce power, and provide irrigation, people believe that I can simply tell servation fund. Frankly, I would be

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9306 CONGRESSIONAL RECORD — SENATE September 15, 1997 embarrassed to ask for such a sum. Out Mr. President, I suggest the absence were Shakespeare’s ‘‘Love’s Labor of fairness to other States around the of a quorum. Lost’’ and Moliere’s ‘‘Learned La- country, I believe the funds for re- The PRESIDING OFFICER. The dies’’—two classic works that everyone moval of the lower dam need to move clerk will call the roll. should have a chance to see. through other channels, or at least be The legislative clerk proceeded to The Shakespeare in the Park pro- specifically authorized to come out of a call the roll. gram relies on the NEA grant they re- land and water conservation fund pri- Mr. BAUCUS. Madam President, I ceive every year, and without it they marily for land acquisition rather than ask unanimous consent that the order would have to limit where they can go. capital improvements. for the quorum call be rescinded. That means that Birney might not get Just as the original legislation spon- The PRESIDING OFFICER (Mrs. to see its yearly productions on Poker sored by Senator Brock Adams needed HUTCHSION). Without objection, it is so Jim Butte. the authorization of the Energy Com- ordered. I think the responses to the Shake- mittee and the entire Congress, the ex- NATIONAL ENDOWMENT FOR THE ARTS speare in the Park productions speak traordinary level of funding requested Mr. BAUCUS. Madam President, I for themselves. One parent, for exam- for this project needs to be authorized rise today to speak on the importance ple, said: by Congress as well. My legislation will of funding for the National Endowment I want to thank you so much for coming to propose just that. And I hope that this for the Arts, otherwise known as NEA. Richey. We are a small community with a legislation will be considered as swiftly This endowment makes a tremendous total enrollment, grade and high school, of as possible. impact on my State, and it worries me 91. It was great to introduce our children, es- pecially the high schoolers, to Shakespeare I realize that back home I will be greatly that Congress is considering criticized for not grabbing all of the and acting. It is rare for them, and us, to at- slashing it, or otherwise killing it tend something other than a sports event. funding for this project in this year’s through block grants. Or listen to what another student appropriations process. To those crit- I think President John Kennedy said had to say: ics, I suggest an absence of rational it best when he said—and I will quote thought and fairness. him now: I have never had an interest in Shake- speare until I saw your program. Washington State does quite well When power leads man toward arrogance, under this year’s Interior appropria- poetry reminds him of his limitations. When Madam President, I think this last tions bill. Funding the removal of the power narrows the areas of man’s concern, quote is particularly insightful, par- lower Elwha River Dam would dramati- poetry reminds him of the richness and di- ticularly in this day and age when cally tip the scales away from fairness, versity of his existence. When power cor- many people are afraid that the value and rightly cause justifiable and suc- rupts, poetry cleanses, for art establishes the of our great works has been dimin- cessful opposition from my colleagues basic human truths which must serve as the ished. Funding the NEA shows our around the country who have vital pro- touchstone of our judgment. commitment to the classics like grams in their States that need fund- The people of my State understand Shakespeare, and it helps make sure ing. that. Montana boasts a rich cultural that our kids can learn firsthand about All of us want to get the most for our heritage which can be seen in the work these valuable works. States, and in our hearts, we believe of such notable artists as Charlie Rus- There are some in this body, how- that every request for our State is an sell and Kevin Red Star. Our love of ever, who believe that Federal funding urgent priority, but in our minds we the arts can also be seen in the rich for the arts should end. These people also know that we can’t fund every re- crop of literary talent that blankets believe that Federal funds can be re- quest. That means we must balance our the State. placed by contributions from private desire to help our States with the re- I had a chance to witness that love of citizens and corporations. While this ality that Congress can only fund so the arts firsthand last year when I might be true in populated areas like many projects for each State. worked with the National Symphony New York and California, States like As I said at the beginning of this de- Orchestra on their trip to Montana. mine would have no way of making up bate on Friday, Mr. President, I had They broke into many, many groups— the loss. I make that very clear. It just 1,800 requests from the 100 Senators in I think there were 120 different ensem- is not possible. this body for projects in which they bles spread across our State—and I was Quite simply, without the NEA, there had a great interest, the huge majority fortunate to be able to conduct the Na- are no arts in places like Birney, MT, of which were home-State projects. tional Symphony Orchestra in their en- or countless other communities across That is the reality I face as I work to core performance in Billings, MT. the country. resolve this difficult issue involving I think it is even more instructive to There are some who argue that we the Elwha River dams. I know it is a look at a smaller, more constructive cannot afford to fund arts programs reality that critics don’t want to hear event where the NEA makes a real dif- while we are cutting the budget. But or acknowledge, but the simple truth is ference every year in Montana. Shake- when one looks at the total amount of this—full funding of acquisition and re- speare in the Park is a group of tal- money we spend in our budget, the fig- moval this year is highly unlikely, and ented actors who travel around the ures for the NEA are rather small. The impossible without setting aside al- State every summer offering free pro- $99 million the NEA received last year most all other important Washington ductions of Shakespeare to the public. was merely a small fraction of the State projects, and something I am not And every July, for over 20 years now, total budget. That comes to less than willing to do. they have come, for example, to 40 cents per person. But when one looks Therefore, the best solution is to Birney, MT. Guess what the population at all the great returns from our in- complete acquisition this year, and for of Birney is. Seventeen. vestment in the NEA, I believe it is that I need the administration to state The troupe of actors sets up their money very well spent. publicly that this remains one of its stage just outside of town on Poker Finally, there are others who say the top priorities. At the same time, I will Jim Butte. They perform two nights, NEA should be defunded, eliminated, start the process for removing the and it is a big deal for the people of because it funds obscenity. I believe lower dam by introducing legislation Birney. They hold their annual Birney those are valid concerns, and I have to for consideration by the Energy Com- Turkey Shoot for Spakespeare in order admit there have been a few poor mittee, the administration, and the to help subsidize the productions. choices in the past. But I believe that rest of Congress. Every year they attract crowds of 100 those problems have been addressed, Mr. President, I thank you for giving to 200 people. Not bad for a town with and it would be a shame to focus on a me this time this morning to discuss a population of 17. The audience usu- few mistakes when there are so many an issue important for my home State. ally consists of farmers, ranchers, and good, worthwhile projects that the In summary, I guess I would finish by native Americans. They are people NEA has made a reality. saying that on this issue of Northwest who, without this event, might have to A complete list of Montana projects, dam removal, tally me this way: ‘‘once, travel over 100 miles to see a Shake- museums, and artists who benefit from with conditions.’’ spearean play. This year’s productions the NEA grants would be too long to

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9307 give, but the following is a small exam- The PRESIDING OFFICER. The Sen- But, you know, many children in ple of the recipients: ator from Washington. America are not as fortunate as I was Eight symphony orchestras in cities Mr. GORTON. Mr. President, I com- because perhaps they do not have par- like Billings, Bozeman, Butte, and Mis- mend the Senator from Texas in pro- ents who thought this was important soula; over 20 nonprofit art museums ceeding in this fashion. As I announced or that this would make their edu- and galleries such as the Liberty Vil- previously, there are a number of cation more complete. Some children lage Art Center in Chester, the Jail- amendments we expect with respect to do not have that opportunity. house Gallery in Hardin, and the the National Endowment for the Arts. I I want all children in America to Hockaday Center for the Arts in Kali- believe that the proposal by the Sen- have this opportunity, whether they spell; and nearly 20 performing arts ator from Texas will be a perfecting come from families that do not have groups like Shakespeare in the Park amendment, that she is attempting to time to appreciate the arts because and the Vigilante Players who tour to improve it. they are working so hard to make ends communities all across Montana. The logic in dealing with these meet; or whether they come from a In addition, the NEA funds go to or- amendments will be to deal with those rural community that does not have ganizations which make an effort to amendments that strike or substan- easy access to a major city or regional reach out to children, to educate them tially cut funding for the endowment arts center. I want to try to give that on the importance of arts in our soci- first. And so the willingness of the Sen- same opportunity that I think was im- ety. ator from Texas to speak, as I am sure portant in my life to every child in Without a doubt, NEA funding has she will quite eloquently, to her propo- America. made a real, positive difference in Mon- sition but not to introduce it yet will I would like to see school districts tana. That is why I believe we should facilitate dealing with the matter when adopt arts appreciation programs be- continue funding this worthwhile pro- it comes to a vote in a more logical cause it is proven in the testing of our gram. way. children in school that where children My basic philosophy toward the Mrs. HUTCHISON. I will leave it to do have access to the arts, where they budget is this. We must have a budget the discretion of the manager what is have arts appreciation or arts classes that reflects our values. To have no the right order because of course there in their school curricula, they also do funding for the arts truly takes away will be a number of amendments deal- better in math and science and reading. some of our humanity, some of what ing with the NEA. That is a proven fact. So we are not talking about some- makes our Nation great. Those are not My particular amendment takes the thing that is just extra that would be the values I want my budget to reflect. dollar amount that is in the bill and re- nice if we could afford it. We are talk- That is why I urge my colleagues to allocates it and established a way to ing about giving children a more well- support full funding, with no block spend it. There will be amendments of- rounded education and giving children grants, for the National Endowment fered that will do other things. And I think it is really a healthy thing that the chance, by having the full range of for the Arts. education, to do better in the basic Madam President, I suggest the ab- we are going to be debating the NEA and what kind of funding the NEA has subjects. sence of a quorum. So that is why I believe it is impor- and how it is allocated, because I think The PRESIDING OFFICER. The tant for our country to have a commit- a number of people in our country have clerk will call the roll. ment to arts education and to provide The assistant legislative clerk pro- concerns about some of the types of access to the arts for all the children ceeded to call the roll. grants that the NEA has approved. so that some of them can grow up to be There have been inappropriate uses Mr. THOMAS. Madam President, I artists or to appreciate the arts and of NEA funding. The National Endow- ask unanimous consent that the order pass that involvement or appreciation ment for the Arts I think is a program for the quorum call be rescinded. on to future generations. I cannot The PRESIDING OFFICER. Without that everyone hoped would establish as imagine a country that is as developed, objection, it is so ordered. a priority a commitment to the arts in as technologically advanced as ours, Mr. THOMAS. I also ask unanimous this country. I believe that is a proper that does not also have an appreciation consent I might proceed as in morning commitment for our country to en- for and a commitment to the arts. business for 10 minutes. courage arts in our country, to make That is why I am putting forward an The PRESIDING OFFICER. Without arts accessible to all the people of our amendment to this bill that would objection, it is so ordered. country, to educate our children in the keep the allocation for 1998 exactly The Senator from Wyoming is recog- importance of the arts. where the committee has it, $100,060,000 nized. All of these things are worthy goals. to be exact. But under my amendment, Mr. THOMAS. I thank the Chair. But because we have seen the funding I would rearrange the priorities. (The remarks of Mr. THOMAS per- of obscenity, of pornography, of things Instead of having the NEA make all taining to the introduction of S. 1176 that you could not even in your most of the grants with this money, I think are located in today’s RECORD under modest attempts to describe as art, it is time that we allocate to the ‘‘Statements on Introduced Bills and many people have opposed the NEA. States, in block grants, the bulk of the Joint Resolutions.’’) And many people have said, ‘‘We don’t money. I think it is time that we have Mr. THOMAS. Madam President, I need it. Why would we want the Gov- a more just and equitable distribution suggest the absence of a quorum. ernment involved in this?’’ I certainly of arts funding. The PRESIDING OFFICER. The have great respect for that view. For one thing, I think giving the clerk will call the roll. I do believe that there should be a money in block grants to the States— The assistant legislative clerk pro- commitment in this country to the and I will talk about the very few re- ceeded to call the roll. arts. I speak as a person who grew up strictions we would put on this—gives Mrs. HUTCHISON. Mr. President, I in a town of 15,000. My parents were the States the ability to fashion pro- ask unanimous consent that the order very careful to try to make sure that I grams that will best meet the needs for the quorum call be rescinded. had access to the arts. They gave me and priorities of their States. They can The PRESIDING OFFICER (Mr. ballet lessons for 13 years. You would divide this money among, for example, INHOFE). Without objection, it is so or- have thought it would have taken. But arts access or education in the schools, dered. after 13 years, I decided that maybe transportation from rural areas to re- Mrs. HUTCHISON. Mr. President, I there was something else in my life gional arts centers, or insurance pro- send an amendment to the desk and that would be more successful than grams for art museums to be able to ask that it be filed. ballet. sponsor national exhibitions that I just ask the distinguished manager They also made sure that I went to would otherwise not be seen by the of this bill if I could work with him to the nearest big city, when possible, to citizens of that region outside of New have it brought up at the appropriate go to the symphony. They drove me to York or Washington, DC, or California time. Houston, sometimes to Galveston, to or Texas. I think it is important that Mr. GORTON addressed the Chair. see plays or to go to an art museum. states have that flexibility.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9308 CONGRESSIONAL RECORD — SENATE September 15, 1997 Also, under my amendment States 1997 for every State and territory of viewed in Montana would not have would have the flexibility to invest up the United States, up to 6.6 percent of traveled to Montana but for the help to 25 percent of their Federal funding the total funds available to the States from the NEA. I think it is exciting in an endowment. I think that is im- for fiscal year 1998. The only two states when Senator BAUCUS says that some- portant because I would like to see that would not be guaranteed level one in Montana said he had never even more States have permanent endow- funding from fiscal year 1997 would be thought of reading Shakespeare until ments for funding of arts and access to New York and California. However, he was able to attend his first Shake- the arts within the State. those States would be expected to seek speare outdoor play and began to love So here is what my amendment does. a large portion of the $20 million in na- Shakespeare and studying Shakespeare First, it limits the administrative tional grants. So under my proposal 75 seriously. These are the kind of things costs of the NEA. Instead of allowing percent of the Federal funds would go that I think having a small national the 17 percent of the funding that the to the States in block grants, and al- funding priority will continue to do for NEA now uses for administrative costs, most every State in this country will this country. my amendment would set a cap of 5 get more of the arts funding under this In Abilene, TX, the NEA has been percent, reducing the money spent on allocation. helpful in starting the Abilene opera. administration to $5 million down from Behind me on the charts you will see There are so many people in west approximately $17 million. I think 5 the differences in the funding for each Texas who had never seen the opera percent should be enough for the allo- State. Most States will have a signifi- and, in fact, thought the opera was a cation that the NEA would be able to cant amount of funding beyond fiscal stuffy event that nobody would really grant to national art works. year 1997. I think it is time that States enjoy but would just attend for social The NEA grants to national groups have more opportunity to support their purposes. When they went to their first or institutions would be 20 percent. school systems or their regional arts opera, the first opera they have ever The NEA would be allowed 5 percent centers and provide more access to the had in Abilene, they came back just for administrative costs to administer arts by more people in this country. thinking, ‘‘what a joy, what a treas- 20 percent of the total for grants to na- States may use up to 25 percent of ure.’’ These people are now going to en- their funds to establish or enhance a tional groups or institutions. courage people to contribute locally so permanent arts endowment. I think it My amendment would not allow that they can enjoy more opera produc- is a worthy goal to give States this in- grants to individuals, but only to insti- tions. NEA funds were the seed corn centive. Under my amendment, States tutions or groups. NEA would abso- that gave access to people who had may contribute any amount of money lutely be prohibited from granting any never even seen an opera who now not in addition to the 25 percent, but they obscene works. NEA could also not only have seen one, but loved it and are must match whatever portion they use grant seasonal grants such as, for ex- contributing to bringing that experi- for an endowment by at least 1 to 1. In ample, giving the Metropolitan Opera ence to other people, especially chil- other words, if the State of Oklahoma $1 million for its season, whatever dren, in the west Texas area. decides to have an endowment for the works might be performed during that Regional touring by the best Amer- arts, it can take up to 25 percent of its season. Grants would be for a specific ican dance companies to rural towns Federal allocation but it must match project that the Metropolitan Opera and small cities has been helped by the that amount, dollar for dollar, with would have to specify, so that the NEA NEA. The production of performance funds from other State, local, or pri- specials and art documentaries by the would be able to know exactly what it vate funds. was funding. Of course, my hope is that eventually Education Broadcasting Corp., WNET, My amendment would also prohibit every State will have a permanent arts in New York are now viewed by mil- grantees from giving subgrants to endowment so that they will be able al- lions of Americans because that seed other groups. ways to ensure access to art that is corn was planted by the NEA. In other words, 20 percent, or $20 mil- available within their own commu- So that is why I am not among those lion, would be available for national nities and within their own States. But who want to just do away with the grants to groups or institutions. Such permanent endowments will also in the NEA, because I believe that Americans groups would be opera companies, sym- long run assure the States will be able overall will be more culturally aware phonies, art museums, ballets, or other to attract from the outside some of the and enjoy culture more, if they have groups or institutions that clearly national touring art shows, such as the the opportunity and exposure to the serve a national purpose or exhibit a wonderful Monet exhibition that trav- arts, which is ensured by our having a national stature. eled to the Fort Worth Kimball Art national commitment to the arts. I These national grants would require Museum. Many people in my part of don’t want to do away with that. Do we matching grants. If the grantee—an art the country would not have been able need to change the NEA? Yes. Do we museum, for example—had a total to see that exhibition had it not trav- need to impose strict prohibitions budget of $3 million or less, it could eled to Fort Worth, TX. This is the against obscenity and pornography? cover up to one-third of the art project case all over the country. Absolutely, because it has been shown with Federal grant money. This way, Right now the NEA serves a valuable that because there have not been two-thirds of the cost of the project role in supporting an insurance indem- enough limits on the NEA, truly inap- would have to come from the local nity program that has allowed inter- propriate use of our tax dollars has oc- community or State. national blockbuster shows, such as curred. But I don’t think that means If the grantee—for example, an art the Jewels of the Romanovs, to travel we walk away from this commitment. I museum—has an annual budget of over around the country. People all over think it means that we change NEA, $3 million, the maximum Federal funds America, because of this insurance pro- that we get control of it, that we make the grantee could use for the project gram, will have access to see the jewels sure that the money is being used for would be one-fifth of the total cost of from the Romanov dynasty in Russia what we intended it to be used for. But the project. So for large institutions, that I hear are really incredible. we don’t walk away from it. the maximum contribution of Federal Thanks to NEA funds, Americans have Let me give another example: Del dollars would be 20 percent and the also had the opportunity to see the Rio, TX, is on the border of Mexico. other 80 percent would have to come presentation of Tennessee Williams’ The average per capita income of Del from local or State matching funds. ‘‘The Glass Menagerie.’’ Shakespeare’s Rio is about one-half of the national These matching requirements would ‘‘As You Like It’’ went to 45 commu- per-capita income. The population of apply to the $20 million allocated na- nities in 26 States because the NEA Del Rio is 80 percent Hispanic. Yet, de- tional grants. helped them with the cost of touring. spite the economic difficulties that Del However, under my amendment the Those productions traveled to Cin- Rio faces, the people have a long his- bulk of the Federal funds would go to cinnati, OH; Keene, NH; and Orange, tory of commitment to the arts. In the States in block grants, namely 75 TX. 1992, they converted their old firehouse percent or $75 million. That will guar- I think Senator BAUCUS earlier today into an arts center. The new arts cen- antee level funding from fiscal year talked about the Shakespeare plays ter now holds free exhibitions of work

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9309 of national, regional, and local artists. we also value for the preservation of ators are quite well aware, we will be It conducts art instruction classes. It our freedom and democracy that are faced with a House position that is es- offers free children’s classes in the beacons to the world. sentially to abolish the National En- summer and supports a children’s Mr. President, I am proud to sponsor dowment, and which will almost cer- dance troupe that performs at civic and an amendment. I will look forward to tainly require us to make some cultural events. All of this is helped by working with the manager of this bill changes in the proposal that is here be- seed money from the NEA. to introduce it at the most appropriate fore the Senate in order to assure an Mr. President, I think we have an op- time. I think this is an important de- acceptable compromise. portunity here to get control of a fund- bate that we should be having. I hope So, without at this point taking a po- ing program that has been abused in in the end when all is said and done sition on the specific amendment pro- the past. But it has not been abused 100 that the bill we send to the President posed by the Senator, I do want to say percent. It has been abused but it has will say we have a national commit- that I am convinced that it is a con- also done so much good for places like ment to the arts in this country. We structive contribution to a very impor- Del Rio, TX, like Beaumont, TX, like want to make sure it is done in the tant debate. Cincinnati, OH, like Keene, NH. There way that will give the most access to Mrs. HUTCHISON. Mr. President, I are so many wonderful stories of young the arts to the most people of our want to thank the Senator for those re- people getting their first access to the country and that will give Americans marks. I think that he, too, is ap- arts and their first appreciation for the an appreciation for what America con- proaching this in a positive way. Like arts because the NEA gave some grant tributes to the world art community. the Senator from Washington, who is money, some seed corn, to a local com- I yield the floor. chairing this very important sub- munity, which was matched by that The PRESIDING OFFICER. The Sen- committee, I don’t have ideas that I local community. Something was made ator from Washington. consider to be in concrete and I am not possible because of the national com- Mr. GORTON. Mr. President, I do not unwilling to change allocations or hear mitment to the arts that has spurred think it would be possible for a Mem- other views. But I think if you are many young people to go into arts as a ber of this body to defend more elo- going to make constructive change, profession. Artists or dancers or musi- quently the mission of the National you have to start with an outline. I cians who now belong to a symphony— Endowment for the Arts or the place think that is what the Senator from all of these contributors to the arts in that the arts in the broadest sense of Washington has done. While he has America began their careers from seed that term play in our society than we brought the bill to the floor, essen- corn that came from a national com- have just heard from the Senator from tially not changing the status quo, he mitment to the arts. Texas. has always been open to suggestions on Now, I do understand how people From the beginning of the debate ways to make it better. I think, in the have become very frustrated. But let’s over this issue she has taken a consist- end, in conference, if the Senate will do something positive and productive ently supportive position but not a po- speak in what I hope is a decisive way with this frustration. Let’s make some- sition that simply supports the status on the approach that it wants to take, thing very good out of a modest com- quo blindly. She helped draft the condi- then I would like to see us work with mitment to national arts. Let’s give tions a year or 2 or 3 years ago that the House to do something that will be our young children a chance either to prohibited the National Endowment for constructive that will preserve our na- excel in the arts or by an appreciation the Arts from making a broad range of tional commitment to the arts. But I of the arts to make them more well individual grants that were the source would hope that whatever we do, we rounded, to allow them to be literate in of most of what the vast majority of make the American people feel com- whatever circles they may walk. Let’s the American people regarded as out- fortable and give them something they allow them to have the same access rageous misuses of the taxpayers’ think is worth their hard earned tax that their European counterparts have. money. And here today, she does not dollars, something that will give their Many times I have been told that our defend the status quo—though, essen- children better access to the arts and young people do not have the cultural tially, the status quo is what is pro- enhance their education, if you will, awareness that many of their age posed by this bill in its present form— something that the American people group in European countries have. I but is attempting to strengthen the would write if they were standing here think they should. I think they should Endowment by decentralizing the on the floor. also appreciate the contribution of granting process to a significant de- I am speaking from my roots. I am Americans to the great art of the gree, and by spreading it in a way that speaking as a person who has benefited world. The more young people to whom she feels is more equitable across all of greatly from growing up in a town of we can offer arts access and apprecia- the States and jurisdictions of the 15,000, with the strong values that this tion, the more of a contribution Amer- United States. small town gave me, but with wonder- ica will make to the world art commu- So this is one of the amendments ful parents for whom I can never fully nity. that is a friendly amendment, one can express my appreciation. They knew I think we have something that is say, and it was for that reason that I that while I learned the values rep- worth keeping, and I think it is our re- asked her to defer formally introducing resented in that small town, there were sponsibility to support it in a respon- it until we could hear from the oppo- other important things for my edu- sible way. That is why under my nents of the Endowment itself and deal cation, such as appreciation for the amendment I preserve the allocation of with the several amendments on this arts, for which they would have to dollars but redistribute those dollars to subject in logical fashion. make an extra effort to give me. They allow the States to use arts funds in As the Senator from Texas knows, did make that extra effort. But, Mr. the way that will best give access to all the committee bill that is on the floor President, not everyone has parents people in their State. I oppose throw- at the present time simply makes a like I had. ing out the national commitment to very modest—probably less than infla- What I want when we finish this bill the arts, because we have proof that it tion—increase in the Endowment, is for us to have made up for the fact helps our young people in all of their maintains essentially the same condi- that every parent is not as responsible educational endeavors to have an ap- tions that have been imposed on it over as mine were and does not give every preciation and an awareness of the the last 2 or 3 years, but does not at- child the same access that I had, the arts. We also know that art adds to the tempt to change the structure of the same opportunities that I had. I want quality of life in our country. way in which those grants are made. I to see that we in the Congress kept our If we are the greatest, freest, fairest think that the proposal of the Senator commitment to funding of the arts for nation on the Earth, which I believe we from Texas is likely to be considered our children all over America, from are, I think a commitment to the arts very carefully and thoughtfully by her whatever part of the country. If we can is part of keeping the well-rounded, colleagues here on the floor and, if not take that responsible action, then cultural, thorough education of our here on the floor, perhaps in a con- every girl who grows up in a town of young people at the premier level that ference committee where, as all Sen- 15,000 with no arts of its own will have

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9310 CONGRESSIONAL RECORD — SENATE September 15, 1997 the same access that I was fortunate dollar arts organizations who already When the funding is broken down per enough to have, and I think we will be benefit from over $11 billion in private district, on average, about $223,000 was a better country and make a stronger giving each year? In fact, the private sent to districts represented by Demo- contribution to the arts of the world if giving to the arts, combined with what crats, and on average, about $60,000—al- we keep this commitment. Thank you, is spent and purchased on tickets, is al- most one-fourth—went to congres- Mr. President. most equal to that which is spent on sional districts represented by Repub- I yield the floor. professional sports in this country. licans. And you can go on and on. Mr. HUTCHINSON addressed the And most tragic of all, I believe, is: The fact is that $3 out of every $4 Chair. What about the children? As my col- going to the States is going to congres- The PRESIDING OFFICER. The Sen- league, Senator HUTCHISON from Texas, sional districts represented by Demo- ator from Arkansas is recognized. spoke so eloquently on, the children in crats. That is very selective funding. Mr. HUTCHINSON. I have an amend- rural towns across this Nation who As one observer in Arkansas said, ment that I would like to file. I will only dream of ever seeing the lavish ‘‘Why not send the $100 million to the not offer it at this time, but I would theaters in New York City—what hap- Democratic National Committee and like to file it. pens to them when they are denied the cut out the middle man?’’ It has be- The PRESIDING OFFICER. The opportunity to perform a school play come a very selective funding formula amendment will be received. because bureaucrats in Washington used by the National Endowment for Mr. HUTCHINSON. We have heard awarded $400,000 to the Whitney Mu- the Arts. many arguments over the years that seum for one single exhibit rather than Well, I cannot and will not justify the National Endowment for the Arts their school play? what I think is inequitable and out-of- [NEA] is not living up to its original Mr. President, how can we justify control spending by an elitist agency this kind of very, very selective spend- intent of ‘‘broadening public access to rife with problems and abuses. the arts.’’ In fact, in NEA’s original ing? For instance, in the State of Ar- So, Mr. President, it is time to bring mandate and mission statement, they kansas, the average per-person expend- this funding into line and it is time for are charged with the responsibility of iture from the National Endowment for a solution. So I rise today, along with the Arts amounted to, if you divided it broadening public access to the arts. several of my colleagues, to offer a so- up for every man, woman, and child in That is the key question: Have they lution. I see Senator SESSIONS here on the State, 17 cents per person. The really fulfilled that? We have heard a the floor. I hope he will speak as a co- State of Arkansas has a per capita in- lot of debate through the years as to sponsor of this amendment. I offer a so- come of about $18,000. My home State whether the NEA has really fulfilled received, out of the $99.5 million appro- lution that gets the money down to the that mandate. priated for fiscal year 1997, approxi- artists, the songwriters, that startup In fact, one-third of the Federal mately 17 cents per person. And then band, that local writer, the painter on share currently goes to six of the larg- we turn around and look at the State the local level and, most importantly, est cities in the country. The agency, of Massachusetts, which has a per cap- down to our children—a solution that in addition to sending most of those di- ita income of $30,000—not quite, but al- fulfills the NEA’s original mandate and rect grants to six large cities, has also most twice the income in the State of mission statement of ‘‘broadening pub- demonstrated soaring administrative Arkansas—and the National Endow- lic access to the arts.’’ costs. Nearly 20 percent of every dollar ment for the Arts has decided in its in- When you look at what is spent in that the National Endowment for the finite wisdom to spend 60 cents per per- Mississippi as compared to what is Arts expends is spent in overhead here son in the State of Massachusetts. spent in New York, or in Massachu- in Washington, DC—much more than That is what I regard as very selec- setts as compared to what is spent in most of the Federal agencies—even tive spending. In the State of Mis- Iowa, I think there is no one who can, more, for instance, than the National sissippi, with a per capita income of with a straight face, defend the Na- Endowment for Humanities (NEH). about $18,000 per person, they received tional Endowment for the Arts and say NEH’s overhead costs are much, much about 25 cents per person from the NEA they are fulfilling their mission state- less than that 19 to 20 percent figure. last year, while the State of New York, ment of broadening public access to the Furthermore, the NEA continues to which has a per capita income of $29,000 arts. fund what many Americans believe is per person, received $1 per person from So the amendment I am offering objectionable art. While we have heard the National Endowment for the Arts. today supports my belief that there are a lot of debate on those issues—the ad- After looking more closely at the per potential artists everywhere and in ministrative costs, the formula, wheth- capita numbers, the NEA used very se- every corner of every State. From the er or not it is fulfilling its mandate— lective funding. The Midwestern State plains of Wyoming to the mountains in very few actual solutions have been of- of Iowa, with a per capita income of West Virginia, from the Mississippi fered. $22,000, received 20 cents per person, Delta to the potato fields of Iowa, we So, this afternoon, I want to present while the State of Maryland, with a have budding artists, potential artists, what I think is a common-sense solu- higher per capita income of $27,000, re- everywhere. tion to the problems that we have seen ceived more than twice the per capita Contrary to Jane Alexander’s notion in the National Endowment for the expenditure than the State of Iowa— that ‘‘the areas of nurturing and devel- Arts. I ask the question: What happens Maryland received 45 cents per person. opment of artists tend to be located in to the novice artist, or the songwriter That is very, very selective spending a few States...’’—by the way, Jane in middle America, when the NEA fun- on the part of the National Endowment Alexander made that statement in our nels one-third of its direct grant funds for the Arts. How can we justify that? April hearing before the Labor and to only six cities? Those cities are New Then when you break it down by po- Human Resources Committee. York, Boston, MA, Los Angeles, CA, litical party, it becomes even more in- Mr. President, I ask unanimous con- Chicago, IL, San Francisco, CA, and triguing. Last year, NEA funding total- sent that her statement made before the District of Columbia. Each one of ing close to $45 million was sent to con- the Labor and Human Resources Com- these six cities already has well-estab- gressional districts represented by mittee be printed in the RECORD. lished arts communities. Yet, the NEA Democrats in Congress, while about $14 There being no objection, the excerpt continues to pour a huge amount of its million was sent to congressional dis- was ordered to be printed in the limited resources—over one-third of its tricts represented by Republicans RECORD, as follows: direct grants—to those six cities. across the country. If you break that Ms. ALEXANDER. Let me suggest an anal- So what happens to that new artist, down by the number of direct grants ogy here with regard to the arts. You are that songwriter just starting out in Ar- from the National Endowment for the correct that Arkansas received very little in kansas, or in the State of Oklahoma, or the way of awards and dollars this year. Arts, you find that almost 1,300 direct Again, they would have received more, of in Iowa, or the startup band in Small grants went to congressional districts course, had we had the budget that we had Town, U.S.A., who doesn’t have their represented by Democrats, while only before. However, an analogy that might be dreams realized, when one-fifth of di- 408 went to congressional districts rep- appropriate is that there are apples grown in rect grants are sent to multimillion resented by Republicans. practically every State of the United States,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9311 but there are few States that have the right ernors, send it to the States’ art coun- STATE OF ARKANSAS, conditions for nurturing and developing cils or to the State legislatures, and in OFFICE OF THE GOVERNOR, apple trees; and then, they are distributed so doing we will have more resources to Little Rock, AR, September 11, 1997. all throughout the Nation. send directly to those who will benefit Hon. TIM HUTCHINSON, The same is true of the arts. The talent U.S. Senator, pools, the areas of nurturing and developing most from them. Little Rock, AR of artists tend to be located in a few States— In fact, all but a few States—45 out of DEAR TIM, I am in full support of the pro- but there are artists everywhere. 50—will increase arts dollars compared posed amendment regarding the manner in Mr. HUTCHINSON. Ms. Alexander to last year. Most notably, for Sen- which grant funds from the National Endow- said, ‘‘* * * the areas of nurturing and ators MACK and GRAHAM from the State ment of the Arts will be distributed to the development of artists tend to be lo- of Florida—Florida will receive almost states. I believe states have a better under- cated in a few States * * *’’ I take $3.4 million more than last year, while standing of their needs and a much closer re- great exception to that. In fact, I take the artists in Texas, Senator lationship with our constituents at the state great offense to that statement. I be- HUTCHISON’s State, will benefit from level than a bureaucracy in Washington. lieve artists are everywhere—in every close to $3 million more than in fiscal As you are aware, the citizens of Arkansas city, town, and county across this Na- year 1997. How do we do that? We take have recently voted for an increased tax tion, in every home, in every school- that 20 percent bloated administrative upon themselves, part of which is going to yard, in every playground in America. cost in Washington, eliminate the Na- the Department of Heritage, the state agen- It is time that talent is recognized and tional Endowment, let the Secretary of cy that is responsible for distributing funds for development of the arts in Arkansas. realized. It is time that the elitist atti- the Treasury write a check to the Gov- tude that says that the pools of artistic ernors to go through the legislature or As a state, we have a need for the contin- talent in this country are restricted to the State arts councils, limit State ad- ued support of developing art talents, as well as making the Arts available to the public. I a few small States is rejected once and ministrative spending to 15 percent, appreciate your leadership on this, and I am for all. In fact, my home State of Ar- impose strict auditing requirements, in full support. If I can assist this effort in kansas is the home State to many fa- award a $500,000 basic grant to each any way, please let me know. mous artists; John Grisham, author; State, and then expend the remainder Sincerely yours, William McNamara, painter; Billy Bob of those dollars under a per capita for- MIKE HUCKABEE. Thornton, Academy Award winner for mula—45 out of 50 States will be win- Mr. HUTCHINSON. Mr. President, his role in ‘‘Slingblade’’; Mary ners. Florida, $3.4 million; Texas, $3 Governor Huckabee wrote, ‘‘As a State, Steenburgen, actress; Vance Randolph, million. This commonsense solution we have a need for the continued sup- famous folklorist; and Maya Angelou, seeks to give the dollars directly to the port of developing art talents, as well famous poet. On and on the list goes. States in an equitable fashion, particu- as making the arts available to the So the pool of talent in this country larly to many underserved areas, and, public.’’ Then Governor Huckabee went is not restricted to a few States where most importantly, permits more local on to state that he ‘‘believes States we should put our limited resources control of this money. have a better understanding of their from the National Endowment. Moreover, this proposal includes needs and a much closer relationship Simply put, my proposal would cut clear and precise language requiring with our constituents at the State out the Washington middleman and States to conduct strict audits on the level than a bureaucracy in Wash- send the arts dollars down to the Federal dollars they receive, as well as ington.’’ States so that those who are closest to submit a report for public inspection the unknown writer, the start-up band, within that State. Let the public know I think what Governor Huckabee said or the schoolchild, can make the deci- how the money is being spent. Let the would be echoed by Governors—both sions as to where those wise invest- public have the reassurance that audits Democrat and Republican—all across ments will be made to those individ- are being performed and that strict ac- this country; that, if they could receive uals who might otherwise have been counting measures are being followed. those funds directly, have control over passed over for the well-endowed Whit- Any State found to have misused their them, be able to make the decisions as ney Museum or the Boston Symphony, Federal funds under the guidelines set to where those grants should go, we which has a $43 million annual income, forth in this amendment will be re- will have a more productive arts com- or the Art Institute of Chicago, which quired to repay the money, plus a 10- munity in each one of our States. has a $96 million annual income, or the percent penalty, to the Treasury. Mr. President, it becomes increas- Metropolitan Opera, which has $133 Mr. President, in my efforts to find a ingly harder to justify the existence of million in total annual income. In giv- solution to the current inequities that the National Endowment for the Arts’ ing grants to those great, but well-en- exist in the distribution of arts dollars, Washington bureaucracy when one dowed institutions, we rob from those I solicited feedback on this proposal takes a more careful look at the over- who need it most and who would best from a number of individuals, includ- head and the salary costs of this agen- fulfill the mandate that the National ing our current Governor of the State cy. Endowment espouses. of Arkansas, Gov. Mike Huckabee. We For example, from 1994 to 1996, the Additionally, by getting the decision- had staff talk with his staff. I person- administrative costs of the National making out of Washington, the nearly ally talked with Governor Huckabee, Endowment for the Arts went from a 20 percent in administrative overhead and was encouraged by his enthusiastic little over 14 percent in 1994, 14.4 per- the agency currently maintains is vir- response to this block grant approach. cent, to almost 19 percent in 1996, at a tually abolished. That 20 percent cur- I asked him point blank, ‘‘Would Ar- time when the agency was cut by 39 rently being spent on administrative kansas benefit from having more con- percent, and was faced with a loss of 89 overhead in Washington would be trol over arts dollars for the budding positions. The administrative costs awarded back to the States. It is the artists, musicians, writers, and actors amount to almost 20 cents on the dol- artists all across America who win in Arkansas?’’ under this proposal, who stand to be I am very pleased to report that he lar. At a time when the NEA was cut- recognized by their home State rather gave a resounding thumbs-up to this ting budgets and the number of posi- than by a bloated bureaucracy in proposal. He believes very much that tions at the agency, administrative Washington. this proposal will benefit the State of costs as a percentage of their budget In fact, as we will demonstrate on Arkansas. I quote from Gov. went up to nearly 20 cents on every this chart—and I hope that all of my Huckabee’s letter. Mr. President, I ask dollar of our constituents’ hard-earned colleagues in the Senate will take a unanimous consent to have printed in paychecks. look—we will have a handout for the RECORD the entire letter from Gov- My constituents in Arkansas wonder them—45 out of 50 States will gain ernor Mike Huckabee from the State of why it costs almost $19 million to dis- under this block grant proposal. Cut Arkansas. tribute just over $50 million in NEA di- out the 20-percent administrative over- There being no objection, the mate- rect grant funds. They wonder for good head, limit administrative costs to 1 rial was ordered to be printed in the reason—$19 million to distribute $50 percent, write the checks to the Gov- RECORD, as follows: million. These are their hard-earned

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9312 CONGRESSIONAL RECORD — SENATE September 15, 1997 tax dollars on the line. I don’t doubt justifiable that the NEA assisted in publican districts, higher-income that many of my colleagues’ constitu- promoting the President’s William D. States fare better than lower-income ents have exactly the same questions. Ford Federal Direct Student Loan Pro- States, and the haves get more and the A closer analysis of how the NEA gram? That is correct—the NEA, under have-nots continue to have not; whole- spends its administrative budget raises an interagency agreement with the De- sale failure to fulfill its original mis- even further questions about the effi- partment of Education, provided design sion to broaden public access to the ciency and effectiveness of the agency. assistance for marketing materials arts, and the adoption of a kind of While the agency repeatedly complains promoting the President’s Direct Stu- trickle-down arts theory in which the of the draconian effects of the budget dent Loan Program. This is the Na- arbiters of art reside primarily in cuts on its staff, over 68 percent of the tional Endowment for the Arts. This is Washington, DC. My amendment would 154 individuals currently employed by the agency originally established to end publicly subsidized cultural elitism the NEA earn over $50,000 per year. Let broaden access to the arts in this coun- by sending these decisions back to the me repeat that. The agency complains try. This was the agency established so States, more money for the arts and about the burden that they are facing that underserved areas like Virginia, less for the bureaucrats, more re- under the budget cuts that have been Arkansas, Oklahoma, and Alabama sources for 45 of the 50 States and less imposed over the last couple of years, with start-up artists who want the op- for 5 States, more accountability and but at the same time over 68 percent of portunity to build a future in the arts more local control. their staff out of 154 individuals em- community, would receive funding for I urge my colleagues to support this ployed by the NEA, are earning over these purposes. Instead, we find a grant amendment. It is fair. It is equitable. It $50,000 per year. That is the equivalent going for surely a strictly political and is common sense. And the artists, mu- of an average constituent in Arkansas not arts-oriented program—the pro- sicians, and writers in your home State earning three yearly salaries in just 1 motion of the President’s Direct Stu- depend upon the resources that this year. dent Loan Program. You can take any amendment will make available. To make matters worse, the NEA’s position you want on the President’s I yield the floor. own inspector general uncovered sig- Direct Student Loan Program, whether Mr. WARNER addressed the Chair. The PRESIDING OFFICER (Ms. COL- nificant problems, deficiencies, and that is the right way to go or not, but LINS). The Senator from Virginia is rec- abuses during its audit of grantees to use NEA funds to promote it—that ognized. from 1991 to 1996. This chart dem- is indefensible. (The remarks of Mr. WARNER per- onstrates some of the inspector gen- Although the NEA claims that the taining to the introduction of S. 1177 eral’s findings—not a Republican com- Department of Education reimbursed are located in today’s RECORD under mittee nor a Republican chairman—but the agency $100,000 under this agree- ‘‘Statements on Introduced Bills and the NEA’s own inspector general found ment, the NEA reports that they have Joint Resolutions.’’) this: no accounting of the time or expenses Mr. SESSIONS addressed the Chair. Sixty-three percent of the grantees they incurred in providing those serv- The PRESIDING OFFICER. The Sen- had project costs that were not recon- ices. ator from Alabama is recognized. cilable to their accounting records. Mr. President, how much more mis- Mr. SESSIONS. Madam President, I That is well over half. Sixty-three per- management of taxpayer money will appreciate the opportunity to be here cent of the grantees could not reconcile we tolerate? When is enough, enough? today to join with my good friend from their accounting records. Well, enough is enough for me. Arkansas, Senator HUTCHINSON in co- Seventy-nine percent, over three- Mr. President, I cannot sit idly by sponsoring what I think is an out- fourths, had inadequate documentation while our tax dollars are used and standing amendment to the fiscal year of personnel costs charged to the grant. abused by a Washington bureaucracy. 1998 Interior Department appropria- That is money going to individuals. The proposal I am offering today, tions bill, an amendment which will do That is personnel salaries that are un- along with several of my colleagues, is more for the arts in America than we accountable, according to the NEA’s the fair solution to an agency run have ever done before. Simply put, the own inspector general. amok. It sends arts money directly to Hutchinson/Sessions amendment will Fifty-three percent had failed to en- the States, eliminating the high ad- produce more diversity and quality in gage independent auditors to conduct ministrative costs currently plaguing the arts. We need and I strongly sup- grant audits as is required by OMB the agency. It shifts control from port a healthy arts community in guidelines. The Office of Management Washington bureaucrats to those clos- America. It is important and it is valu- and Budget requires that these audits est to our artists and calls for strict able. be conducted, and over half did not do auditing by the States. It initiates a Madam President, I attended a lib- so. more equitable distribution of Federal eral arts college. I believe in having I am curious. Those who are advo- arts dollars on a per capita basis, bene- quality arts to lift and improve the cates of the National Endowment, fiting more currently underserved lives of American citizens. I think we those who are advocates of maintain- areas, and significantly increasing the ought to strengthen it. I encourage and ing the status quo—and I heard them award amounts for all but a few States. salute those who contribute selflessly speak on the floor of the Senate Most of all, it makes good on the origi- to the symphonies and museums and today—they speak eloquently on behalf nal mission of the NEA—to broaden all sorts of artistic activities in their of art; they speak eloquently on behalf public access to the arts. communities. This is what helps make of culture. But I have not heard any of The horrendous realities I have out- us the great culture and Nation that them respond to these findings con- lined today have compelled many, in- we are. I want to make sure that peo- ducted by the inspector general that cluding myself, to the conclusion that, ple understand that our goal in passing find blatant misuse of taxpayers’ funds. over the years, the NEA has failed to this amendment is one and one goal Fifty-three percent—over half—not live up to its legislative mandate of in- only, to eliminate the Washington even complying with the Office of Man- creasing access to the arts and has got- waste, bureaucracy and mismanage- agement and Budget’s requirement for ten into the business of picking favor- ment while continuing to support in a independent audits. ites—making the National Endowment very real way the arts in this country. These numbers are alarming. They the arbiters of art in our culture. Madam President, I oppose the sys- are intolerable. They compel us to In summary, the NEA is rife with tematic elitism in funding for the arts. change the status quo. The best way we abuses: extravagant administrative I oppose funding of the arcane, the por- can change it is to rid the country of costs; poor management, and a vacuum nographic, the bizarre and just plain the National Endowment and send the of oversight, according to the GAO; silly. I oppose funding to the politi- money down to the States where it can glaring inequities in distribution; a bi- cally correct crowd and I oppose the truly go to benefit arts on the local ased process where the East does better partisan funding, as the Senator from level and fulfill the original intent and than the South, the big cities do better Arkansas has so eloquently pointed mandate of the NEA. As if this sce- than rural America, Democratic dis- out. So many of these funds go for par- nario is not gruesome enough, how is it tricts do three times better than Re- tisan reasons. We can do better with

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9313 our funding process, and we have far To foster the excellence, diversity and vi- after State after State shows benefits too much money going in directions tality of the arts in the United States, and to and funding increased under our pro- that are not healthy for America. broaden public access to the arts. posal. Over 12 or more States receive I know everybody has a different Madam President, when you have twice as much funding. States like opinion of art. There is a piece of art only six cities receiving one-third of Michigan, Alabama, Florida, Indiana work in my hometown of Mobile, AL, a the national expenditures, Boston, Chi- receive twice as much funding under metal structure that is now rusted that cago, Los Angeles, San Francisco, New the Hutchinson-Sessions amendment as a distinguished artist in town was re- York, and Washington, DC, we are not under the present NEA formula for dis- cently commenting about. Someone broadening public access to the arts. tributing grants. This is an outrage, I said, ‘‘Well, they wanted something And when we have one city, New York submit, in the that way we have al- that would attract people’s attention.’’ City, in fiscal year 1997 receiving more lowed for this funding formula to con- And he said, ‘‘Well, you can hang a money than a total of 29 other States, tinue. dead horse in the square and that will including my home State of Alabama, Madam President, our amendment attract people’s attention but it won’t something is wrong. The National En- will eliminate unnecessary bureau- be art.’’ dowment for the Arts is not admin- cratic spending. It eliminates the ar- Now, I know there is difference of istering these grants fairly, wisely, or cane, pornographic, bizarre, and just opinion as to what art is and what we effectively. plain silly projects that are being fund- should do about it, but I feel very Madam President, these are not just ed by the National Endowment for the strongly that we can do better in man- my figures or some Republican agenda. Arts. It ends the political favoritism aging our moneys. NBC’s ‘‘Dateline’’ with Jane Pauley on that is being uncovered, which clearly I am very familiar with the situation July 17, 1997, exposed these very fig- shows that we are not spending the of the museum in Mobile, which want- ures. They pointed out just how dis- money in an effective way. ed and sought a grant to receive fund- proportionate the funding is. They So this, I submit to the Members of ing to do art work in the foyer of their pointed out that the NEA provided a this body, is a very important vote. We auditorium. They got the money, but $31,000 grant for a film called ‘‘Water- have the opportunity today without they were told by the NEA that the melon Woman’’ which involved sexu- any increase in taxes, to provide a his- artist had to be from New York, and by ally explicit homosexual activities, toric infusion of funds to local artists a NEA preselected artist, and she chose which was paid for entirely by the in every State across this country. It is some art work on a burlap type of ma- American taxpayer. critical that we send the money to the terial. It stayed up for a few years and People say, Well, you don’t believe in States where they can wisely and effec- has now been removed and is currently the first amendment, JEFF. You don’t tively spend it. being stored in the basement of the respect freedom of the arts. Madam President, if the money is museum. I respect the freedom of the arts. I re- sent directly to my home State of Ala- But again, I suppose that expenditure spect the first amendment. I am an at- bama, the Alabama Shakespeare Fes- was counted as an expenditure to Ala- torney, and I believe very deeply in the tival in Montgomery, one of the finest bama when in fact it was really an ex- first amendment, but I must say I facilities in the world—a facility which penditure to New York. So I submit to don’t think the hard-working tax- Sir Anthony Hopkins referred to as the the Members of this body that we can payers of Alabama, who are getting finest Shakespeare facility he has ever be for the arts, but we must make sure drastically shortchanged in this fund- performed at—would receive more than that the moneys we spend are spent ing process, ought to be required to the $15,000 they received last year from wisely on the arts. fund things that simply offend their the National Endowment for the Arts. As to the National Endowment for sense of decency and their standards of Madam President, I feel very strong- the Arts, I say it has had its chance. ethics and faith. It is just not the kind ly about this amendment. I salute my Year after year after year they have of thing we ought to do, and we have colleague from Arkansas, Mr. HUTCH- come before this body, and they have every right as representatives of the INSON, for the hard work he has put faced strong criticism and questions people to come before this body and de- into it, and I am honored to be an about their mismanagement and poor mand that governmental agencies ad- original cosponsor of it. funding decisions and still nothing has here to proper standards and spend Madam President, I yield the floor. changed. Madam President, I submit their money wisely and effectively. The PRESIDING OFFICER. The Sen- that we can do more and that we can And when they do not, we have every ator from North Carolina is recognized. do better with this money. right to abolish those agencies and Mr. HELMS. Madam President, may I The sad fact is that the National En- shift that money in a way which will inquire of the Chair if there is another dowment for the Arts is captive of an improve the livelihood of the people. amendment pending? artistic elitism complicated by an in- NBC’s ‘‘Dateline’’ talked about the Mr. GORTON. Will the Senator yield? sider cronyism and political favoritism Whitney Museum in New York, which The PRESIDING OFFICER. The Sen- undermined by mismanagement and has a $30 million endowment, receiving ator from Washington. wholly without a vision to make a dif- a $400,000 NEA grant last year. That is Mr. GORTON. As manager of the bill, ference for arts in America. In fact, we nearly as much money as the entire I say to my colleague from North Caro- have learned, as we have studied the State of Alabama received last year lina, I asked both the previous two numbers, that only 15 percent of the from the National Endowment for the Senators who spoke, and Senator grants, in fiscal year 1997, by the NEA Arts, and I am also offended by Chair- HUTCHISON who preceded them, not to went to new groups; 85 percent of the man Jane Alexander’s suggestion that introduce their block grant amend- grants are just the re-funding of the artistic endeavors only appear in cer- ments because it seemed to me most same old art programs which the NEA tain select areas of the country. logical that the proposal of the Senator has funded before. The distinguished Senator from Mon- from North Carolina, which would ef- The Hutchinson-Sessions amendment tana, Senator BAUCUS, discussed the fectively reflect the House position of does more for the arts. It takes the Shakespeare in the Park festival in his abolishing an appropriation for the Na- Senate appropriations figure, $1,060,000, home State of Montana. I would just tional Endowment for the Arts, logi- which has already been propounded in point out to the Senator, that under cally ought to go first. So I believe the the bill before us today and it elimi- this amendment, as we propose it, the answer to the Senator’s question is a nates the Washington bureaucracy and State of Montana would receive a committee amendment is the business sends all the money down to the peo- $165,000 increase in funding. If Alabama and the amendment that the Senator ple. It expands the money to all the re- only had 8 or 10 projects approved by from North Carolina proposes, I think, gions and States in this country. the NEA—Montana with less people would be in order. I would like to show you a chart that probably has about the same number— Mr. HELMS. I thank the Senator. indicates the mission statement of the that would be $16,000 additional for The PRESIDING OFFICER. The first NEA. The mission statement clearly each grant recipient in the State of committee amendment is the pending states: Montana under our amendment. State business.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9314 CONGRESSIONAL RECORD — SENATE September 15, 1997 Mr. HELMS. I am sorry, I did not un- way the National Endowment for the as a reasonable Federal agency. The derstand the Chair. Arts conducts its affairs, and, thank amendment which the Senator from The PRESIDING OFFICER. The the Lord, so have many millions of Missouri will a little later on send to pending business is the first committee Americans found out about it across the desk proposes to fund the NEA at a amendment. the land. They constitute loud voice to deserving level, exactly what it de- Mr. HELMS. That is subject to echo exactly what the House of Rep- serves—zero. To put it bluntly, I pro- amendment? resentatives did the month before last, pose that none of the taxpayers’ money The PRESIDING OFFICER. It is. I believe it was, in cutting off all fund- be wasted by this agency anymore. Mr. HELMS. I am sorry, I just ing, zeroing the National Endowment I have done my best to work in good walked into the Chamber. Is it nec- for the Arts. For one thing, it is self- faith with administrators, past and essary to set aside that amendment? evident that many of the beneficiaries present, of the National Endowment The PRESIDING OFFICER. The Sen- of NEA grants are contemptuous of— for the Arts. The present adminis- ator may either offer an amendment to how to say it—traditional moral stand- trator, Jane Alexander, is a gracious the first committee amendment, or he ards. lady. I like her personally, and I think may request that all six committee Now, we have stripped the phony ve- she means well. But the problem per- amendments be set aside. neer from the curiously elitist nature sists: Despite all of the rhetoric, de- Mr. HELMS. Madam President, Sen- of those people who are self-selected spite all the promises, the National En- ator ASHCROFT of Missouri is on an air- arts experts. I run into them fre- dowment for the Arts continues to un- plane at this moment, which I hope is quently. I hear from some in North derwrite projects that offend the sen- approaching Washington. It has been Carolina, one in particular—he was sibilities of millions of American tax- delayed, but he will be here shortly to born rich, never did a day’s work in his payers who resent the NEA’s giving the offer the amendment on which I desire life. He spends much of his time writ- taxpayers’ money to self-styled artists to speak. ing letters to me complaining about whose art comes straight from the gut- I am honored to cosponsor this my not caring about the arts. Well, of ter and the sewer. amendment, which would eliminate course I do care about the arts. I have So, this amendment that Senator funding for the National Endowment grandchildren who participate, and I ASHCROFT and I will formally offer for the Arts. Other Senators will voice think very well, in the arts. But they shortly keeps faith with the coura- their support, I believe, for the don’t participate in the kind of things geous decision of the House of Rep- Ashcroft-Helms amendment; certainly that I am talking about here today. resentatives to withhold funding from the distinguished Senator from Okla- We have stripped, as I say, the phony the National Endowment for the Arts homa [Mr. INHOFE], and the senior Sen- veneer from those people. Above all, we during the House consideration of H.R. ator from Kansas [Mr. BROWNBACK]. In have learned the lengths that this 2107, the Interior appropriations bill. any case, I commend Senator crowd supporting the National Endow- The Senate, simply said, ought to do ASHCROFT’s willingness to exercise ment for the Arts will go, and has been what is right and follow suit. strong leadership on this issue. We will going, in order to preserve their access Following that vote in the House of proceed while looking forward to his to millions of dollars of the taxpayers’ Representatives, the NEA’s supporters arrival on the Senate floor. money. did the usual thing. They trotted out The other day, JOHN ASHCROFT and I I am going to get down to the nitty- their customary absurdities in describ- were visiting on this subject, and we gritty. It is going to offend some people ing an America without art, an Amer- were reflecting upon the fact that more here and there. Once the true nature of ica without culture unless the Senate than 8 years have passed since an the National Endowment for the Arts restores full funding to the NEA. And award-winning, blasphemous, and—how became clear, more and more Senators they did that with violins being played to put it—stomach-churning photo- have joined in supporting simple, com- and weeping voices. Baloney. Perhaps graph of a crucifix soaked in urine monsense measures to ensure that the the Senate will default on its respon- alerted this Senate to the disgusting NEA is operated in a reasonable man- sibilities, but it will have to do it after decision by the National Endowment ner. We have endeavored, sometimes a number of Senators have made clear for the Arts to reward the so-called successfully, sometimes not, to put an why the House action with reference to artist who conceived the concept and end to Federal grants, spending the the NEA was entirely justified. submitted it for a grant with a sub- taxpayers’ money rewarding obscene or Madam President, Americans watch- stantial amount of the taxpayers’ patently offensive work. We have ing and hearing this Senate session money. worked to try to make sure that the this afternoon on C-SPAN should be Along about the same time I came NEA grants go to institutions rather prepared, sooner or later, for another into possession of copies of the so- than to individual artists. At every dose of the same old, tired rhetoric called, now well-known, Mapplethorpe step, the arts establishment and its de- about how the survival of arts in Amer- artistry, which was a homosexual dis- fenders in the left wing media—and in ica depends upon the NEA—when the play. I recall bringing that to this Congress, I might add—have vigorously truth of the matter is that American floor. The distinguished Senator from opposed those reasonable reforms, arts were thriving long before the West Virginia was sitting right over often implying or downright declaring agency received its first penny, its first there, and another Senator was speak- that anybody opposing such Federal appropriation, back in 1966, and the ing. I don’t remember which one. I grants is ignorant and indifferent to arts will continue to flourish and flow- asked Senator BYRD if he would con- culture and art. er long after the NEA has disappeared sider an amendment to outlaw some- There is a fellow in Massachusetts from the radar screen. thing that I thought was grievously who used the words, phony baloney, the In any event, the American people blasphemous, and I thought that he other day. I am going to borrow those may be forgiven for wondering pre- might think so, too. I remember that I two words from him and apply it to cisely how do the powers-that-be at the showed Senator BYRD the that kind of stand. I suppose this sort National Endowment for the Arts de- Mapplethorpe photos. I will say that he of opposition will continue just as long fine—define—American arts and cul- exclaimed very definitely that he found as the Congress allows the National ture. Let’s do a little thinking about them repulsive. The bottom line is that Endowment for the Arts to cater to that. The agency’s recent grant to the he took my amendment and it was ac- phony, self-appointed artists who insist Whitney Museum may provide a useful cepted on the legislation. That is when on using the American taxpayers’ clue. On July 15, 1997, the news pro- the hard feelings developed with cer- money to finance anything they want gram ‘‘Dateline’’ NBC reported that tain people who favored not restraining to drag up from the sewer and declare the NEA had given a grant of—now get the National Endowment for the Arts. to be art. this—$400,000 to the Whitney Museum. During the 8 years that have elapsed But enough is surely enough. Mil- As NBC pointed out, the Whitney Mu- since that evening that I came and lions of Americans have come to the seum is the beneficiary already of an spoke to Senator BYRD, the Senate has conclusion that the National Endow- unusually large private endowment. learned a very great deal about the ment for the Arts is beyond salvation Yet the museum is nevertheless

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9315 deemed by the NEA to be a worthy re- lishing, among other sickening things, To begin with, the American public cipient for Federal taxpayers’ dollars. Doug Rice’s book entitled ‘‘Blood of needs to know about the NEA’s prac- What exactly is it about the Whitney Mugwump: A Tiresian Tale of Incest.’’ tice of carefully rewarding its sup- Museum that makes it so worthy? Cer- Oh, boy, what an artistic achieve- porters and past beneficiaries. For ex- tainly, one must hope, not the 1997 bi- ment that is. According to the back ample, even the New York Times, lib- ennial exhibition. cover of the book, the plot, if you can eral as it is, loving the NEA as it does, The average taxpayer sitting in call it a plot, describes ‘‘[a] member of has reported that 85 percent of this North Carolina or Idaho, or wherever, a clan of Catholic, gender-shifting year’s recipients have previously fed at will never know anything about this vampires [setting] out to discover him- the NEA trough. unless the news media tells them or self in his sister’s body.’’ How have they done it? I will tell unless they are watching C-SPAN at Twenty-five thousand dollars of your you. The NEA does not consider the fi- this moment. But this year’s biennial— money, Mr. and Mrs. America, goes so nancial position of its applicants. That and this is just an example —this we can keep art flourishing in the would step on some toes, you know. In- year’s biennial featured an exhibit that United States. stead, the NEA continues to hand out launched an attack on Santa Claus. That is not the half of it, Madam money to institutions that have a con- The Kansas City Star newspaper re- President. Suffice it to say that our spicuous lack of need—they don’t need viewed the show and included this ob- staff members were—and I am talking it—for being handed large sums of the about the folks I work for in my office, servation: taxpayers’ money. The myth of Santa propounded by Disney the finest young people you ever saw— Harvard University—now get this, and Hallmark is rendered all but unrecogniz- they were just about ready to throw up Harvard, which has in its bank ac- able by Paul McCarthy’s video installation earlier today after they had glanced counts an endowment of more than $6 of a wildly perverted Santa’s workshop. The through this wretched book’s descrip- billion—billion with a ‘‘b’’—$6 billion; main players, raunchy art-girl elves dressed tion of incestuous sexual activity, paid nevertheless, it was sent $150,000 by the in skimpy elf tunics and sticky-dirty with for with the taxpayers’ money, mind National Endowment for the Arts. chocolate sauce, alternately devote them- you. What for? I will quote it to you: selves to creating confections and per- Whether all this garbage is meta- forming lewd acts with stuffed animals, one phorical or literal or whatever, I don’t To support augmentation of the Harvard University Art Museum’s endowment. of them large and animate. know, I don’t care, and I don’t want to Oh, boy, Madam President, if that is know. What I want to know is how long Doesn’t that grab you? That just art, then the sewer is a swimming pool. we are going to tolerate the National makes me tearful with joy. If you be- In awarding the show’s ‘‘booby prize’’ Endowment for the Arts continuing to lieve that, you will believe anything. to Mr. McCarthy, the Wall Street Jour- fund this kind of garbage. I do know, Phillips Academy, one of the most nal’s Deborah Solomon wrote this: and I have known this for a long time, prestigious boarding schools in the Reader, I can only hope you’re not eating and I have said it a thousand times on country, received $125,000 from the your breakfast when I tell you that his this floor—and maybe if I live long NEA this year. ‘‘Santa’s Workshop’’ revolves around the enough I will say it another thousand The University of California at theme of Christmas personalities doing times: the American taxpayers should Berkeley received $135,500. weird things with excrement. not be forced to pay for stuff like this. Princeton University, with its total Indeed. And I hope anyone listening But if one opens this book to the copy- endowment exceeding $2.6 billion that to this debate in this audience this right page, there it is: The seal of ap- they have already gotten from private afternoon will inquire of the Senators proval from and by the National En- sources, nevertheless the good old NEA from their States why they approve of dowment for the Arts. sent them $20,000 of taxpayers’ money. a Federal agency that awards $400,000 Let me say that again—and I like Now, how do you like them apples? of the taxpayers’ money to the cura- Jane Alexander, she is a nice lady—but Yale University—I am not going to tors of a museum who countenance she is not controlling that shop down let them get off the hook—with a total such an exhibit. there. I cannot believe that she is. Let endowment fund of $3.5 billion which it Oh, I can hear it, Madam President. I me be clear. I am not calling for cen- had gotten from private sources, re- have been hearing it for over 8 years. sorship. I come from the news business. ceived $100,000 from the NEA for the ‘‘Oh,’’ they say, ‘‘such grants of ques- I made my living that way for most of Yale Repertory Theater for—I want tionable taste are purely isolated inci- my life before I came here. But this is you to guess what for—a celebration of dents.’’ The trouble with that is that not censorship to say we are not going the 100th birthday of a Marxist play- the evidence suggests otherwise, be- to pay for this kind of mess anymore. wright, Bertolt Brecht. cause last year, $150,000 of the NEA’s I say again what I have said many Boy, I know the people in Shetland funds went to a project by a choreog- times, I don’t have any problem with Switch will be delighted to hear that rapher named Mark Morris, and he is some guy going in the men’s room and their money was sent there. That is ex- the very same Mark Morris who once scrawling dirty words on the wall, pro- actly what we count on our Federal staged a homosexual version of ‘‘The vided he pays for his own crayons and Government to do. Nutcracker Suite,’’ called ‘‘The Hard provided he owns the men’s room. Mak- Additional scrutiny of NEA grants Nut.’’ The taxpayer will be forgiven for ing the taxpayers pay for it is what I provides countless examples of such fi- wondering whether Mr. Morris’ future object to. nancial judgment. For one example, work will deal with similar material. This Doug Rice is entitled to write bureaucracy being piled upon bureauc- I believe we already heard all we whatever he pleases. He may try to racy. How do they do it? Very simple. want to hear about last year’s $31,500 shock and offend whatever poor souls The NEA gives grants to the Federal grant for the production of the film across America run across his foul lit- Government itself. That is a neat ‘‘Watermelon Woman,’’ to which two or erary pretense, but let me reiterate, trick, isn’t it? For example, the Fed- three Senators have already alluded on again and again, the American tax- eral Facilities Council of the State De- this floor this afternoon. This film was payers should not be forced to subsidize partment—and I am going to speak to made by and about lesbians and fea- such sewage as this work. Madeleine Albright about this—will re- tured in the words of the reviewer ‘‘the But you know, Madam President, ceive from the NEA up to $10,000—now hottest lesbian sex scene ever recorded many Americans believe—and I agree stay with me—up to $10,000 ‘‘to support on celluloid.’’ And this is one of the art with them—that grants such as these a partnership of Federal agencies con- projects that the National Endowment are sufficient reason to end, once and vened to identify and advance tech- for the Arts, Madam President, said we for all, funding for the National En- nologies, processes and management must have in order to preserve art and dowment for the Arts. I suspect that practices that improve the planning, culture in our society. the American people would be even design, construction, operation, and Perhaps worst of all, however, is a more resolute in their opposition to evaluation of Federal facilities and en- travesty that emerged from a $25,000 the NEA if they were aware of other able more effective utilization of lim- grant to an organization called FC2, a practices of the NEA that bring the ited resources.’’ bunch of weirdoes responsible for pub- NEA’s legitimacy into question. Madeleine, you better come home.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9316 CONGRESSIONAL RECORD — SENATE September 15, 1997 Seriously, Madam President, what DAYTON AVIATION HERITAGE NATIONAL who is of course the chairman of the does all of this mean? For those of us HISTORICAL PARK appropriations Subcommittee on the not fluent in the language of bureau- Mr. DEWINE. Madam President, I Interior. I already have had several crats, your guess would be as good as would like to take a moment to discuss conversations with my friend and col- anybody’s, but only in Washington a project of great importance to me league regarding this particular would one Federal agency fund another and to the people of the State of Ohio. project. He knows well of my personal Federal agency for a study on how to I am referring to funding for the Day- interest in the project. I really wish to increase efficiency. ton Aviation Heritage National Histor- express to him my appreciation for his Finally, there are the so-called plan- ical Park. This project is currently in- willingness to pursue this matter in ning and stabilization grants for which cluded in the House version of the bill the conference committee. the NEA spent more than 10 million that we are currently debating. I am Mr. GORTON addressed the Chair. bucks this year. And what is the pur- very hopeful that it will receive full The PRESIDING OFFICER. The Sen- pose of those grants? Mostly for give- consideration by the conference com- ator from Washington is recognized. away gambits like the $125,000 grant to mittee and be included in the final bill Mr. GORTON. I thank the Senator Jacob’s Pillow Dance Festival, Inc., in that is reported by the conference com- from Ohio for his eloquent statement. I Lee, MA, which was given the money mittee. know how important this project is to not because it needed the money, but Madam President, on October 16, Senator DEWINE. As he has stated, we they wanted to increase their cash re- 1992, Congress established the Dayton have talked about this project on sev- serve a little bit. Aviation Heritage National Historical eral occasions over the past 2 months, Well, I expect there are some Sen- Park to commemorate the legacy of and I must confess that the Senator’s ators around here who would like to two Daytonians, Orville and Wilbur enthusiasm for his project has rubbed have their cash reserves increased a lit- Wright and their significant contribu- off on this Senator. As my colleagues tle bit. tion to human history through their may know, the Senator from Ohio grew This, to be serious about it, I say to pioneering exploration of flight. up not far from where the Wright Senators and ladies and gentlemen who Madam President, in an effort to cre- Brothers made their dreams of powered may be listening, this is your tax ate a single coordinated facility recog- flight a reality. It also is no secret that money. And I want to ask you, How’s nizing the Wright Brothers’ work in the legacy of the Wright Brothers is your cash reserve? Dayton, in 1994 the National Park very much alive and well in my own But let us be very clear about what Service assumed responsibility for the State of Washington. the NEA is doing. It is putting your tax remains of the brothers’ bicycle com- Madam President, I want to assure dollars—no questions asked—into the pany. And then 2 years later, in 1996, the Senator from Ohio that he has con- bank accounts of artists and institu- the Park Service obtained the sur- vinced me of the merits of this effort to tions for which there is simply no rounding property which is known lo- restore this important historical land- precedent—no precedent—for these cally as the Hoover block. mark in time for the centennial cele- handouts. Madam President, the Hoover block bration of powered flight less than 6 Even disadvantaged businesses that has been designated as the core site for years from now. I am strongly inclined qualify for low-interest loans from the Federal management of the Dayton to support his position in our inevi- Government must pay back the money, Aviation Park and will be the park table conference with the House of but not these rich folks. If any of these headquarters and will also be the pri- Representatives on the subject. struggling small businesspeople asked mary visitor center. I also urge my friends from Ohio to for a cash-direct handout from the Fed- From 1890 to 1895, this very site keep me and the members of my sub- eral Government, they would be served as the location of the brothers’ committee informed of his continued laughed off the premises and they print shop, the print shop called efforts and those of the Dayton com- would be recommended for a medical Wright & Wright Job Printers, which, munity as it prepares for the celebra- examination. by the way, printed the Tattler, a tion in the year 2003. Madam President, I am not going to newspaper founded by the famous Mr. DEWINE addressed the Chair. belabor the subject anymore except for Daytonian and Ohioan black poet, Paul The PRESIDING OFFICER. The Sen- one closing observation. I say this with Laurence Dunbar. ator from Ohio is recognized. all seriousness. What does or does not Madam President, timely restoration Mr. DEWINE. I thank my colleague constitute art is not decreed from on of these sites is critical to ensure the for his work on this bill and for his high by the National Endowment for building will be renovated and open to commitment to pursue this issue in the Arts. Art and culture—for better or the public by the year 2003 when Ohio conference. I appreciate that very, very worse—should remain in the hands of and the rest of the Nation and the much. It means a great deal to me and the American people, not bureaucrats. world will celebrate the centennial of to our community and to our State. I Continued funding of the NEA not only powered flight. thank him very much. wastes the taxpayers’ money on a Trying to meet this deadline, Madam I yield the floor. small contingent of wealthy elitists, it President, I have been working with Mr. ABRAHAM addressed the Chair. also continues the arrogant assump- my colleagues in the Ohio delegation The PRESIDING OFFICER. The Sen- tion that a Government-funded arts es- in the House, most notably, Congress- ator from Michigan is recognized. tablishment must—must—determine man RALPH REGULA, Congressman Mr. ABRAHAM. Thank you, Madam what art is fit for public consumption. DAVID HOBSON, and Congressman TONY President. I think there is no exaggeration in- HALL, working with them to ensure NATIONAL ENDOWMENT FOR THE ARTS volved in saying that this assumption and secure funding for the upcoming Mr. ABRAHAM. Madam President, I is contrary to the Founding Fathers’ fiscal year so that renovations can pro- rise today to speak about a topic which notions of freedom and liberty on ceed without delay. has been ostensibly discussed this which I was taught as a little boy that Madam President, I think that this afternoon, namely, the portion of the this Nation was built. In fact, I think project has national significance. It Interior appropriations bill devoted to that if Jefferson and Franklin and all has significance for my home commu- the National Endowment for the Arts. the rest came around here one of these nity, the Miami Valley in Ohio, and the It is my plan—and still in the process afternoons, I suspect they would agree entire State of Ohio. I grew up about 20 of being drafted—to offer a slightly dif- with millions of Americans who have miles from where the Wright Brothers ferent type of an amendment from the so little regard for the entity known as really learned to fly and where they did ones which have been discussed al- the National Endowment for the Arts. their pioneer work, where they did ready. I do not have that amendment Thank you, Madam President. I yield their studies, and where they prepared here, so I will not be introducing it at the floor. to fly. this time. I am going to be trying to Mr. DEWINE addressed the Chair. Madam President, I note the presence work with some of the others who have The PRESIDING OFFICER. The Sen- on the floor of my good friend from concern about this issue to determine ator from Ohio is recognized. Washington, Senator SLADE GORTON, exactly how we might finally present

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9317 the proposal I am going to discuss here performing artists became a priority, My amendment will allocate the today. individual artists became a priority, a funds that are being reduced from the I rise as a Senator who finds himself, national endowment not supported by NEA to the support of these national and has since he arrived in the Senate, taxpayers’ dollars would be able to sup- treasures, treasures which I think vir- somewhat perplexed as to how we port such efforts. tually every Member of Congress could should proceed with regard to funding Today, because of the handcuffs agree deserve support. for the arts. I am an enthusiastic sup- which have been attached in recent ap- If my amendment were to pass this porter of the arts. I think that it is in propriations bills, that cannot happen. year, my plan would be to follow up the Nation’s interest, certainly, to do In short, we can get away from this de- with a variety of very specific actions the most we can with scarce resources bate between obscenity on the one designed to be consistent with the sup- to try to encourage young artists, re- hand and censorship on the other and port for a privatized NEA, including a gardless of their specialties, to pursue support the arts in a private fashion. sense-of-the-Senate amendment which their interests and their creative Some have argued this is not fea- I will be offering to specifically express skills. And at the same time it is quite sible, that there is no way to come up the Senate support for a private ongo- clear that the method that has been with the resources required. But in my ing NEA outside of taxpayer support, used recently, at least, has prompted a judgment that is wrong. Just as a and other ideas such as a checkoff plan great deal of controversy and, in my starting point, it is currently the case by which taxpayers could direct indi- judgment, to a large extent set back that over $9 billion a year is expended vidual contributions to an independent the progress with regard to our Na- in support of arts activities across this entity. tion’s artistic activities. country. Indeed, a number of the indi- The bottom line is this, Madam Because what we have had for too vidual arts organizations have larger, President, we have to make decisions long, it seems, is this ongoing debate substantially larger, annual budgets all the time about priorities. It seems between whether or not the National than the National Endowment for the to me in the area of the National En- Endowment for the Arts is properly Arts. Indeed, the amount of money dowment for the Arts, the logical thing funded by the Federal Government or that we currently spend in the NEA on is to preserve it in a way that allows it whether it should be eliminated. an annual basis—$100 million—is just a to function in its fullest sense, and to What we have is a debate that essen- fraction of the $9 billion which is annu- function independently and privately. tially, on the one hand, argues that ally expended on these types of pro- When I offer my amendment, I will dis- taxpayer dollars should not be used to grams. It is smaller than that expended cuss this in greater detail. support what many consider to be ob- by the Lincoln Center, by a variety of In the meantime, I think we have an scene activities or inappropriate ac- other very large and well-known arts obligation, whether it is to preserve tivities, and, on the other hand, we organizations. the Star-Spangled Banner itself, or to hear from the arts community—and I Indeed, I believe, as we have seen by renovate Ellis Island so it can be pre- have certainly heard from a number of the remarkable outpouring of support served, or to make sure the papers of individuals representing that commu- from the arts community itself, wheth- our Presidents are preserved, we have nity since I have gotten to the Sen- er they are famous artists individually an obligation to preserve them. ate—that the efforts on the part of or national organizations, corporations I believe the amendment I will be of- Congress to either limit the funding or who deal in arts and entertainment, it fering strikes the right balance. My to put strings on the funding con- would seem to me that the ability to amendment is quite consistent with stitute, if not an explicit form of cen- raise funds for such an independent en- that offered earlier by Senator sorship, certainly an implicit form of tity would be rather within our reach. HUTCHISON. I have indicated I would support that approach as well, because censorship. My plan basically is to privatize the In addition, I hear in my State a lot NEA over the next 3 years. In this it does not immediately phase out the of concerns because, as the charts year’s appropriations bill we would, support which many of our State and which were here earlier indicate, our consequently, reduce funding by ap- local arts organizations receive. I State is not getting the sort of reve- proximately one-third, although we think my amendment moves us in the nues and resources to work with as would make it feasible for the NEA to right direction because it brings us to many other states of equivalent size. expend a percentage of its dollars it a point, in a short period of time, over 3 years, where the National Endow- So there is a frustration both with the has to begin a fundraising program to ment for the Arts would not have to be inadequacy of the resources which find ways to privatize the entity at the here each year trying to justify itself come back to my State of Michigan as end of the 3-year period. In other on Capitol Hill, but could operate with well as some concern about whether or words, we would begin the process. It unfettered discretion and make its own not Washington expertise is in the best would not be done overnight. It would judgments and eliminate the debate be- position to determine which projects in allow for existing institutions, who are tween censorship and obscenity. our State should be supported. beneficiaries of NEA support, to not The best way to do that is to take In my judgment, the logical solution find themselves overnight without any the taxpayers out of the picture so to all of this is to maintain a national support but on notice that in 3 years they can make independent decisions entity which oversees various arts ac- the support would be coming from a and not worry about the political de- tivities and supports those which are private entity. bate it finds itself in. Then we can di- worthy of such support but to not have In exchange, what I would envision is rect the resources which our taxpayers it funded by the taxpayers’ dollars. In to spend these dollars, which would be send to Washington to preserve items other words, what we ought to do, in reduced on an annual basis, on other such as a President’s papers, Ellis Is- my judgment, is to privatize a national very important national treasures. It is land and a variety of other national program, an American endowment, if currently the case, for instance, parks and national institutions in des- you will, for the arts, one which re- Madam President, that the Star-Span- perate need of support. This would be ceives no direct taxpayer support but gled Banner, the actual flag that the most sensible way to approach it. one which nonetheless can perform prompted Francis Scott Key to write It is my plan currently to offer an some of the national responsibilities our Nation’s national anthem, is in amendment, once it is fully drafted, to that have been outlined by advocates desperate need of financial support for that effect. of the existing NEA. purposes of preserving that flag. I yield the floor. If it were done in that fashion, Ellis Island, the site of the arrival of The PRESIDING OFFICER (Mr. Madam President, we would be in a po- millions of immigrants to this coun- ALLARD). The Senator from New York. sition where at a national level deter- try—one of the true historical treas- Mr. MOYNIHAN. Mr. President, I minations could be made as to priority ures—is in decay and in desperate need have the honor to rise in support of the arts programs. Those priorities could of support. The Presidential Papers of distinguished chairman’s remarks in be given support, and the support many of our Nation’s Chief Executives regard to the proposed allocation of ap- would not necessarily therefore have to are in a position where the preserva- propriations for the National Endow- come with a lot of strings attached. If tion of those documents is at risk. ment for the Arts.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9318 CONGRESSIONAL RECORD — SENATE September 15, 1997 I will presume upon the Senate’s Now, in the life of the things he had sons and an hour and a half. That is time on a relatively quiet afternoon to done, arbitrating a dispute between, I called Baumol’s disease. If you play the give just a little background of the believe, some 62 musicians and a well- ‘‘Minute Waltz’’ in 50 seconds, you measure that is before the Senate established and attractive, civic-mind- speed up productivity but you do not today. ed charity was not especially chal- get quite the same product. Once again we seem to be doing a lenging, except he found something That is why teachers are relatively major disservice to ourselves with the out. He found, as he put it, ‘‘Mrs. Au- more expensive than farmers. Farmers politicization of matters that ought to gust Belmont and Mrs. Lewis W. Doug- have quadrupled and quintupled and be as far from politics as ever is pos- las, who were the leaders of the trust- quintupled again their productivity, sible: the support the Government pro- ees, didn’t have any money.’’ With the but a first-grade teacher can handle vides, not expensive but nonetheless best will in the world, they could not about 18 young 6- or 7-year-olds in 50- critical, for the arts of our Nation. meet the requests that the union was minute classes; you can put 190 kids in It would seem that the National En- making. They were then making $170 that class and it would not be the dowment for the Arts is challenged on dollars a month. That comes to about same. three fronts: first, whether our Nation $45 a week. That, sir, amounts to about That is why we always have friction even needs Federal funding for the $1 an hour. The minimum wage was in our economy between those activi- arts, second, that the Endowment twice that, or thereabouts, at that ties where we depend very much on the should do more to reduce objectionable time. They were persons of world personal services and those which in- art, and third, that the current grant standing in the arts, but the arts could volve the mechanized services or the apparatus disproportionately funds not provide them a living. What they electronic services—think what we some regions more than others. If I were asking for was $268 a month— have seen in productivity in computa- might, I may be able to shed light on something like $60 a week, something tion in the last 20 years. this triumverate. like $1.50 an hour. With the best view Secretary Goldberg thought what to I was present at the creation of the in the world, all that Secretary Gold- do, and I think at this removed place in National Endowment for the Arts berg could do was to offer them a $10 a time it is no indiscretion to say he which we are debating today, which we month raise. They made their living called me in and said, ‘‘PAT, I have no debated last year, and which we will teaching and doing other things. They money for these musicians. We have to debate henceforth how long, who were devoted to music, but they had give them hope,’’ and he said, ‘‘Write a knows. families, too, and the ordinary inter- portion of my arbitration decision It was begun in a time of great na- ests of persons who live an ordinary which says it’s time the Federal Gov- tional agreement on this subject and a life, an ordinary citizen. ernment gets into the business of help- rather clearer understanding, if I may What they were caught up with—and ing with the arts.’’ say, than we sometimes have now, on I do not want to take the Senate into This is not a new idea. George Wash- the nature of this subject. This all a long discourse on economics, but it is ington wrote to a Rev. Joseph Willard, began in the summer of 1961 when the a matter which comes to this floor in March 22, 1781, and said, ‘‘The arts and musicians in the Metropolitan Opera one mode or another almost every sciences are essential to the prosperity Orchestra in New York announced they day—they were caught up with what of the state and to the ornament and could not continue under the contract came to be known as the cost disease of happiness of human life. They have a they had with the trustees. They were the personal services. This was a con- claim to the encouragement of every members of local 802 of the American cept worked out by a great American lover of his country and mankind.’’ It Federation of Musicians. economist, happily still vigorously pur- was as clear to George Washington as a Indeed, the prospect confronted us all suing his works, William Jay Baumol, matter could be. A few years later— that the Metropolitan, the Met, as we then at Princeton University. He and that was in 1781. In 1785, Jefferson say in New York, would have to cancel his wife were opera lovers, as it hap- wrote to Madison: its 1961–62 season. Then some inspired pened, and he, too, noticed about this You see, I am an enthusiast on the subject person had the thought, why not ask time that the Metropolitan Opera or- of the arts, but it is an enthusiasm of which the newly appointed Secretary of chestra always seemed to be about to I am not ashamed, as its object is to improve Labor, Arthur J. Goldberg, to arbitrate go on strike—this problem, that prob- the taste of my countrymen to increase their the dispute? It was a natural thing for reputation, to reconcile them to the respect lem—and what was the matter here? of the world, and to procure them its praise. him to do; he was Secretary of Labor, His main field in economics is deeply this was a labor dispute. He was a great abstract, hugely influential studies of And so, Mr. President, on that occa- supporter of activities of this kind, a transaction costs and things like that. sion, the arbitration decision was ac- man of huge, varied talent. As an But he said, well, listen, if I’m an econ- companied by a statement urging U.S. American Jew, he had served in the omist, I ought to be able to understand support for the performing arts. The OSS behind German lines during World some of this, and he came up with the New York Times—and forgive my pro- War II. He had been very close to the idea of the cost disease. His colleagues, vincialism, as that is where I come steelworkers. He had helped bring as is frequently the case in medicine from—announced this on the front about the merger between the AFL and and physics and economics, began to page, and this was Friday, December the CIO, what we now call the AFL– call this Baumol’s disease. 15, 1961: CIO, the American Federation of Labor It can be very easily explained. The Goldberg Urges U.S. To Subsidize Per- and the Congress of Industrial Organi- productivity of personal services does forming Arts. He Asks Business and Labor zations. not grow, or grows very slowly com- To Help as He Gives Pay Increase in Met Dis- pute. His wife Dorothy was a supremely pared to the productivity generally in gifted artist. He moved easily in the the economy. You could put it this Then it says, ‘‘Excerpts from pro- world of the arts, as well as of business way. In 1797, if you wished to perform a posals aid for the arts * * *.’’ Inside, they printed the text of Gold- and labor and government. He went on, Mozart quartet, you needed four per- berg’s statement urging U.S. support of course, to be an Associate Justice of sons, four stringed instruments, and 43 for performing arts. the Supreme Court, and then in an act minutes. Two centuries go by and to of great self-sacrifice—and he knew it produce that stringed quartet you need Washington, December 14—Following is at the time; I was with him at the the text of Secretary of Labor Arthur J. four persons, four stringed instru- Goldberg’s statement on ‘‘The State of the time—he accepted the demand, if you ments, and 43 minutes. Performing Arts,’’ which was included in his put it that way, from President John- If the great Mormon Temple Choir findings in the Metropolitan Opera dispute. son that he leave the Court and go to undertook to do a Bach oratory when it The statement begins. New York to be the United States per- was founded, I believe there are 350 The financial crisis of the Metropolitan manent representative at the United members of that choir, so to do a Bach Opera, which raised the prospect that the Nations at a time of cold war crisis. It oratory in 1897, that would take 350 1961–62 season might not take place, may was his way to do such things and to musicians an hour and a half. A cen- prove to have been an event of larger signifi- accept such assignments. tury goes by and it still takes 350 per- cance in this history of American culture.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9319 And, sir, it has. As the Senator from to shock—although some work that The purpose of culture is not to serve Vermont and Senators supporting this shocks in one generation is revered in the Nation, but we speak proudly of measure on both sides of the aisle will the next. We would be very wrong to our role in the last two centuries. And know, the National Endowment moved forget that. Artists have always sort of to the extent that we do, we speak of in direct sequence from the Goldberg known it. In 1939, one of the great the things that have happened, to an finding to President Kennedy to the American painters, John Sloan, one of extraordinary degree, things that have White House where President Kennedy those who organized the armory show happened in the city of New York by established an advisory commission on of 1913 in Manhattan, which brought people who came from all over the the arts and humanities. Let’s remem- the postimpressionist French painters country—and the world—to that center ber that the humanities are still part from the School of Paris to Manhattan, of creative activity. of this. Earlier, we heard the distin- and it shocked everybody. Picasso was Some propose that we take money guished Senator from Michigan talking shocking, as were the others. But in away from the city of New York and about the public papers of Presidents, very short order they came to be re- distribute it elsewhere. This idea is which are now being very steadily pub- vered. It took a generation, but it did very different. The idea is to strike at lished and compiled—they had not happen. the artistic activities and expressions been, but now they are. Sloan once said, in 1939—and he had a which are found at the center of the Now, the question is, were we aware particular kind of humor in this re- Nation’s art world. There is something that one day we might be on the floor gard, also a kind of clairvoyance. He foreboding here. Do we break up the of the U.S. Senate facing charges like said: country into its competing parts? Do that? Sir, I would like to say with con- It would be good to have a Ministry of Fine we want to go back to a time when siderable vigor—if that is the term—of Art. Then we would know where the enemy those who had kept? They did not course, we were. We knew perfectly is. share—to reach out and bring to a well that once the Federal Government Indeed, I can recall an occasion when place that did not have things they got into the question of funding for the this subject was raised in a hearing be- might need in health, in education, in arts, we would get into the question of fore the Finance Committee and some standards of relations between labor what arts to fund. It is not a very com- witness, someone out of patience, said, and management—in a sense of sharing plicated sequence. This statement says, ‘‘All right, Senator, what would you do of common culture, of diffusing, and President Kennedy observed not long ago to have the Government encourage the enriching of culture. I do hope not. that the Federal Government ‘‘cannot order arts?’’ I said, ‘‘Well, offhand, the only It all began, sir—and I will conclude that culture exist, but the Government can thing I can think to do would be for the and should provide the climate and the free- on this thought—at a time of promise dom, deeper and wider education, and the in- Government to forbid them.’’ That al- in our Nation—great threat and dan- tellectual curiosity in which culture flour- ways has a lively effect, as we can look ger, good God, yes, but promise, good ishes.’’ around the history of the world and the spirits and creativity in Government. And then Secretary Goldberg’s pre- history of the 20th century and find The Government thought through a scient finding on the nature of our de- out. But what we are doing here is sup- problem that the public had, that the bate today: porting the arts. polity had, that the culture had, and The issue of Federal support for the arts The National Endowment began as came up with some answers. They have immediately raises problems. Many persons an effort to provide a living wage for proven themselves powerfully impor- oppose Federal support on grounds that it musicians in a situation where, tant in what has now been almost two will inevitably lead to political interference. through no fault of their own, through generations. And I would hope that This is by no means an argument to be dis- the workings of the economic system— this moment of unparalleled pros- missed, and the persons who make it are to I mean the laws of economics, of pro- perity, with the United States—we be honored for their concern for the freedom ductivity change, they needed public of artistic expression. In an age in which a wrote of a third of the world ‘‘lan- third of the globe languishes under the pa- support, and it has flourished. It was a guishing under the banalities of Social- thetic banalities of ‘‘Socialist realism,’’ let very interesting fact that after Presi- ist realism,’’ all that gone, and could no one suppose that political control of the dent Kennedy’s assassination, the first we not relax a little bit and do what arts cannot be achieved. thing this body did was to propose that the chairman and able committee I might say that again. a cultural center that was being dis- wishes done and get on with the other In an age in which a third of the globe lan- cussed for the arts be named the John matters of State. The arts will be there guishes under the pathetic banalities of ‘‘So- F. Kennedy Center for the Performing whether we wish them or not and, in cialist realism’’— Arts. That was a center that needed the main, I think we do wish that they As it was called in the Soviet public support to make it possible in will be. Union— the present day. Those resources were Mr. President, I thank the Chair, I let no one suppose that political control of there, and that activity has become thank my colleagues for their cour- the arts cannot be achieved. part of the life of our Capital. tesy. May I ask unanimous consent, As we look in that direction in the Nonetheless it remains the case, in- sir, that the text of Secretary Gold- world right now, we realize that there evitably it is the case, that there are berg’s decision on the arts be printed in are limits to such control, and the ef- places where particularly intensive ac- the RECORD at this point. forts of Government to control the arts tivities in the arts occur—our third There being no objection, the mate- will never, in the end, succeed. I will go proposition at issue today. It is some- rial was ordered to be printed in the back to our statement, sir. how in the nature of creative work RECORD, as follows: Justice Goldberg said, ‘‘The over- that it tends to concentrate in one [From the New York Times, Dec. 15, 1961] whelming evidence is that the free place and bring people to it. It is the TEXT OF GOLDBERG’S STATEMENT URGING U.S. American society has shown deep re- normal experience of the arts, particu- SUPPORT FOR PERFORMING ARTS spect for the artistic integrity of the larly large and expensive activities WASHINGTON, Dec. 14.—Following is the artist. Every attempt to interfere with which involve musicians and per- text of Secretary of Labor Arthur J. Gold- that freedom has been met with vig- formers and composers, as well as audi- berg’s statement on ‘‘The State of the Per- orous opposition, not least from the ar- ences. New York has been such a place forming Arts,’’ which was included in his tistic community * * * Artists are as since the beginning. findings in the Metropolitan Opera dispute: susceptible to pressure as the next per- It has been argued that it cannot be The financial crisis of the Metropolitan son, but for every artist who capitu- fair that one third of NEA grants go to Opera, which raised the prospect that the lates there is another from that unruly six cities—with New York at the top. 1961–62 season might not take place, may band to take his place, which the late As it was when we examined this sub- prove to have been an event of larger signifi- ject three decades ago, New York is the cance in this history of American culture. Russell Lynes has described as the In an age when we must accustom our- ‘uncaptured, the disrespectful, and the center of the arts—as it is of the visual selves to a welter of untoward and unwel- uncomfortable searchers after truth.’ ’’ arts, as it is of publishing—as it has come events, there are yet some things that I don’t want to make any special case been from the time we started our Na- are unthinkable. It was unthinkable that the for work that has no real purpose, save tion with New York as the Capital. Metropolitan Opera season should not take

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9320 CONGRESSIONAL RECORD — SENATE September 15, 1997

place. Yet suddenly that very prospect faced HOW TO SAVE IT community responsibility. Our objective us. Few events could have produced so in- The question before the nation, then, is should be the establishment of a six-point stant a national awareness that an artistic how to restore the financial viability of partnership that will provide a stable, con- calamity of the first order was in the offing. these institutions and to promote the wel- tinuing basis of financial support for an ar- The insistent, repeated warning of artists, fare of the artists upon whom these institu- tistic community that will at once be re- critics and benefactors as to the financial tions in the final analysis do and must de- sponsive to the needs and wishes of the pub- crisis of the performing arts in America were pend. lic and at the same time free to pursue its confirmed in the most dramatic possible It is, to repeat, unthinkable that they own creative interests way. should disappear at the very moment when I It is worth emphasizing that this situation they have achieved an unprecedented signifi- The principal source of financial support was confirmed rather than discovered. The cance to the American people as a whole. problem has been well known to and thor- for the arts must come, in the future as in They are a heritage of the past. They are the present, from the public. Art is con- oughly expounded by any number of persons equally an earnest for the future: they stand in responsible positions in cultural affairs. sumed in many forms, by a vast and widely as our expectation of the quality of the diverse audience. The essence of a demo- This, happily, is a positive factor in the American creative artists whose works they present situation. cratic culture is that the artistic community will perform. should have a large audience, drawn from all We are fortunate in having the present cri- The answer to this question is evident sis brought vividly to the national attention areas of the society, which returns value for enough. We must come to accept the arts as value in a direct and equal relationship. without any actual loss—the Metropolitan a new community responsibility. The arts Opera season is taking place. We are doubly While, if anything, greater provision must assume their place alongside the al- should be made for special children’s con- fortunate that, confronted with the need to ready accepted responsibilities for health, act, we have at hand an abundance of certs and below-cost performances for spe- education and welfare. Part of this new re- cial groups, the general musical and theat- thoughtful, constructive proposals for ac- sponsibility must fall to the Federal Govern- tion. This is perhaps notably true in Con- rical public must expect to provide a greater ment, for precisely the reasons that the na- portion of the costs of the performing arts, gress where legislators such as Senators Wil- tion has given it a role in similar under- liam Fulbright and Jacob K. Javits, and Rep- through devices such as season subscriptions takings. and special associations for the support of resentatives Frank Thompson Jr., of New The issue of Federal support for the arts particular activities. Jersey and John Lindsay of New York have immediately raises problems. Many persons devoted a great deal of attention to this im- oppose Federal support on grounds that it II portant public issue. will inevitably lead to political interference. The patrons and benefactors of the arts PROBLEM OUTLINED This is by no means an argument to be dis- have a continuing and vital role to play. It is It is not necessary to review the full range missed, and the persons who make it are to inevitable that in an age or esthetic cre- of information which is available on the fi- be honored for their concern for the freedom ativity the interests and tastes of many of nancial condition of the performing arts, nor of artistic expression. In an age in which a the best artists will run ahead of, or even to recapitulate the many valuable proposals third of the globe languishes under the pa- counter to, the general standards of the that have been put forth to improve that sit- thetic banalities of ‘‘Socialist realism,’’ let time. Here the support of the enlightened pa- uation. no one suppose that political control of the tron can have the most profound and fruitful One central fact, however, is worth empha- arts cannot be achieved. consequences. sizing. The problems of the performing arts RESPECT FOR INTEGRITY Similarly, there are many artistic forms of in America today are not the problems of de- the past, of which opera is but one; which are cline. They are the problems of growth: A The overwhelming evidence, however, is that the free American society has shown a simply too expensive to be supported en- growth so rapid, so tumultuous, so eventful tirely by ticket sales or general purchases. as to be almost universally described as an deep respect for the artistic integrity of the artist. Every attempt to interfere with that In such instances the support of art patrons explosion. The specifics have no parallel in makes it possible to preserve for the present history. freedom has been met with vigorous opposi- tion, not least from the artistic community. and future many of the most profound cre- America today has some 5,000 community ative achievements of the past. theatres—more theatres than radio and tele- Artists are as susceptible to pressure as the vision stations. There are better than 500 next person, but for every artist who capitu- III opera-producing groups—seven times as lates there is another to take his place from Private corporations must increasingly ex- many as fifteen years ago. Symphony orches- the unruly band which Russell Lynes has de- pand their support of community activities tras now total 1,100—twice as many as only scribed as ‘‘the uncaptured, the disrespect- to include support for the arts. One of the ten years ago, and fifty in the suburbs of Los ful, and the uncomfortable searchers after hallmarks of American free enterprise is the Angeles alone. truth.’’ remarkable extent to which business has vol- Resources such as these for the consump- The answer to the danger of political inter- untarily contributed to educational, chari- tion of artistic creation do not of themselves ference, then, is not to deny that it exists, table and health activities in localities insure creativity, but one could hardly hope but rather to be prepared to resist it. A vig- throughout the nation. for a climate more receptive to the creative orous, thriving artistic community, close to In line with the wider recognition of com- artist. An era of unequaled achievement may and supported by a large portion of the pub- munity responsibility for the arts, business well be upon us. lic, need not fear attempts at interference. corporations would do well to consider allo- Let our writers and composers and per- LONDON STATEMENT NOTED cating, as a matter of course, a portion of formers give as good as they get. Indeed, Recently the times Literary Supplement their total contributions to these activities. when have they done otherwise? The situa- The Texaco-sponsored broadcasts of the Met- observed from England, ‘‘If neither a Bach tion is no different from that of academic nor a Michelangelo has as yet appeared in ropolitan Opera, the television dramas spon- freedom in our colleges and universities: it is sored by the Westinghouse Corporation and Detroit, a splendid mass of evidence has been by defending their rights that our faculties assembled to point the way. Not only is the the makers of Hallmark Cards, and the insti- strengthen them. This is ever the condition tutional advertisements of the Container talent visible in ever-increasing quantity but of freedom. the facilities for using it exist as nowhere Corporation of America, using modern art, This is not an area in which we are without are good illustrations of another and impor- else.’’ experience or precedent. For many years the The American artistic scene today is alive tant form of support which business corpora- arts have received support from public funds and vibrant. At the same time, some of the tions can give to the arts. in many different forms. Much experience foremost institutions of American culture supports the general proposition that public IV are in grave difficulty. The Metropolitan support is most successful when it represents The American labor movement has a re- Opera is not alone, Other opera companies, only a portion of the total funds involved. sponsibility for support of the arts similar to and a number of our leading symphonies, The principle of matching grants has clearly that of American business. This has been share in a substantially similar financial proved its validity, and should be the basic recognized to some degree, as in the con- plight. The artists, moreover, are generally principle of any Federal participation in sup- tributions several unions have made to sup- underpaid. The details may differ, but the port of the arts. The variations of this ar- port children’s and other special concerts, general condition is the same. The problem, rangement are many, and perhaps as a gen- but on the whole the community contribu- of course, is money. The individual bene- eral rule it may be said that the more levels tions of American trade unions have been di- factors and patrons just aren’t there, as they of government, institutions and individuals rected for activities similar to those which once were. Just as importantly, as we be- involved, the more likely it is that the art- have attracted business support. A parallel come more and more a cultural democracy, ists themselves will retain control over their adjustment is in order. it becomes less and less appropriate for our work. major cultural institutions to depend on the V generosity of a very few of the very wealthy. 6-POINT PARTNERSHIP Local governments, and to a lesser extent, That is a time that has passed, and the fact The principle of diversity of support for state governments are already providing a is evident. the arts should accompany the principle of considerable measure of support for the arts,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9321 in line with the clearly manifested interest and creative artists are accorded and cre- protection of performers, producers of of the American people in expanding the ar- ative artists are accorded the dignity and phonograms and broadcasting organizations. tistic resources available to the general pub- honor to which their contribution to Amer- Parts of this convention concern the protec- lic. ican life entitles them. tion of performing rights, which correspond The support of art museums is already a The President and Mrs. Kennedy have for performing artists to the copyright pro- general practice. Everyone accepts the fact greatly advanced this cause by the inclusion tection now enjoyed by authors. These rights that it is appropriate for a state or local gov- of artist and writers such as Pablo Casals do not exist for performers under United ernment to provide housing and custodial and Robert Frost in a number of the most States law. It would seem quite in order for support to such museums. The question nat- solemn as well as the more festive occasions this subject to be given careful consider- urally arises why this support should not be of state. The proposal of the President to ation. provided for our operas and symphonies as consider the establishment of a national ROYALTY PROPOSAL GIVEN well. Of course, the main source of public honors system clearly presents an important Mr. Robert Dowling has recently brought support for the arts should continue to arise area in which Artistic achievement can be up to date a proposal introduced in Congress from the spontaneous, direct desire of local further recognized by the nation. in 1958 by Senator Fulbright which would and state governments to provide for the ADVISORY COUNCIL SOUGHT make it possible for the Federal Government needs of their own communities. This is an The most important immediate step which to collect royalties on music which is now in ancient tradition in the arts, one on which the Federal Government may take is the es- the public domain, or becomes so in the fu- we might draw more extensively. tablishment of a Federal advisory council on ture. For example, the practice of universities of the arts. Such a measure has been intro- Senator Fulbright’s bill provided that ‘‘all making provisions for artists-in-residence duced by Representative Frank Thompson music now or hereafter in the public domain might profitably be adopted by municipali- Jr. and others, and is now before the Con- shall be the property of the United States as ties—one recalls that Bach for the last quar- gress. copyright owner, and be used by it for the ter century of his life was the Municipal The functions of such a council would be benefit of the public.’’ Cantor of Leipzig. fourfold: Although this is a new concept in the VI (1) Recommend ways to maintain and in- United States, the arrangement has been fol- The Federal Government has from its be- crease the cultural resources of the United lowed for years in other countries, notably ginning provided a measure of support for States. France. Senator Fulbright proposed that an the arts, and there can be little question (2) Propose methods to encourage private administrative body be established which that this support must now be increased. initiative in the arts; would be authorized to administer the licens- This can and should be done in a variety of (3) Cooperate with local, state, and Federal ing of such music, utilizing the proceeds for ways. departments and agencies to foster artistic the support of the arts, much in the manner The Federal Government may be a direct and cultural endeavors and the use of the of a private foundation devoted to this work. The sums involved in such an arrange- consumer of the arts, by commissioning arts both nationally and internationally in ment, while not enormous, are nonetheless sculpture, painting, and awarding musical the best interest of our country, and considerable. Mr. Dowling has estimated scholarships. (4) Strive to stimulate greater apprecia- that the total potential income from royal- One of the most important, and perhaps tion of the arts within the councils of Gov- ties on music in the public domain, cal- most proper role of the Federal Government ernment. culated on the same percentage basis as is to help state and local governments and If it were composed in large part of work- copyrighted material would be $6,520,000 an- private nonprofit groups build and maintain ing artists and artistic directors, it could nually, distributed as follows: the physical plants required by the arts. have important influence on Government Theaters, concert halls, galleries are the pre- policies which have a direct bearing on the Popular music (records) ...... $1,100,000 Sheet music (classical) ...... 3,420,000 condition of many of the arts. Public support resources available for support of the arts. A Classical music (records) ...... 2,000,000 at all levels of government in the area of number of proposals which have come to my helping provide and maintain art facilities attention are perhaps worth noting as in- At this period when the entire body of poses the minimum danger of Government stances of a very considerable body of ideas copyright law is under study, it would seem interference with the arts themselves. A that are worthy of consideration. appropriate to give further attention to this splendid example of such cooperation is the attractive proposal for supporting the arts. TAXES DISCUSSED I commend these observations on the state Lincoln Center for the Performing Arts, Mr. John D. Rockefeller 3d, has pointed of the arts to the earnest consideration of an where city, state and Federal funds are all out that under present Federal income tax advisory council on the arts, when con- being combined to provide a magnificent cul- law, a deduction for charitable contributions stituted, to the Administration, the Con- tural center in New York. by an individual is limited to 20 per cent of gress, state and local governments and the The concentration of public support upon his adjusted income, or in the case of gifts to public. providing physical facilities for the arts churches, operating schools and colleges, and should not preclude programs of direct Fed- CONCLUSION certain types of hospitals and medical re- eral subsidy for theatrical and musical per- In concluding this award it would not, I search organizations, the limitation is 30 per formances and similar activities. However, feel, be inappropriate to make special note of cent instead of 20 per cent. Federal subsidies of this kind should be the needs of the Metropolitan Opera itself. Congressman Keogh of New York has in- For years this grand institution had had the granted on a matching basis, with much the troduced legislation which would extend this larger proportion of funds provided by pri- unfailing support of a great and varied num- added 10 per cent to include libraries and ber of New Yorkers and persons from all vate sources, or by other levels of govern- museums of history, art or science. ment. parts of the country. Senator Javits has proposed to add sym- The generosity—the magnanimity—of such LARGER DUTY SEEN phony orchestras or operas to this list. splendid benefactors as Mrs. August Belmont The Government has a larger responsi- Mr. Rockefeller has suggested it be further and Mrs. Lewis W. Douglas is matched only bility toward the arts than simply to help extended to include ballet, repertory drama by the devotion of the everyday opera lovers support them. President Kennedy observed and community arts centers. While it is not who fill and overflow the galleries. Try as, not long ago that the Federal Government possible to forecast with any precision just everyone does, the deficit is always there, ‘‘cannot order that culture exists, but the how much extra support would be forth- and somehow ever more difficult to meet. Government can and should provide the cli- coming as a result of such a measure, it is An outpouring of support for this great mate of freedom, deeper and wider edu- obviously a matter worthy of the attention cultural resource would be an inspiring affir- cation, and the intellectual curiosity in of an advisory council on the arts. mation of the public interest in the preserva- which culture flourishes.’’ Another tax matter which merits careful tion and encouragement of cultural activi- Our concern with the condition of the arts consideration is the problem of artists gen- ties throughout the nation. It would be an in America must ultimately and principally erally, and performing artists in particular, altogether appropriate, and most influential, take the form of concern for the position of whose earnings are frequently concentrated beginning of an era of widely based and sus- the artists. Our principal interest is that the in a comparatively short period of years, tained support for the arts in America. American artist should remain a free man. with the result that they are taxed at a In his message of greetings and good wish- Without freedom there is no art or life worth much heavier rate than if their earnings es on the occasion of the opening of the 1961– having. That there are more comfortable were spread over a normal life employment 62 Metropolitan Opera season in October, the conditions than freedom has no bearing on span. President said: ‘‘The entire nation rejoices the central fact. This is a hardship to the artists, it is also that this distinguished cultural asset in our However, we may also legitimately con- a burden to the managers of theatrical and national life will again be bringing the splen- cern ourselves with the status of the artist musical enterprises, who frequently are re- did performances of great artists to millions in our society. An artist may be well fed and quired to make up some of the difference by of American homes. For the music of the free at the same time. That an artist is hon- paying stars higher salaries than would be Metropolitan reaches far beyond the hearing ored and recognized need not mean he is any required if their tax payments were lower. of those gathered in this great hall. It en- the less independent. America has a long Recently forty nations met in Rome to ne- dures, captured and held by human memory, way to go before our musicians, performers gotiate an international convention for the a pleasure and inspiration for years.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9322 CONGRESSIONAL RECORD — SENATE September 15, 1997 For myself, I would wish to thank all those would go to the extent of censoring private business or government agency of both parties who have helped me with what people there participated in or would envy. courtesy and assistance, and who have suf- what happens in our places of enjoy- I hope you find this information helpful, fered this entire undertaking with a deep and and hope that I can count on your support. ment, museums, or any place else. Sincerely; fully mutual devotion to the art of the Another thing we did to prevent opera. I am fully confident that relations be- JANE ALEXANDER, Chairman. tween the orchestra and the opera associa- some of the types of programming Mr. JEFFORDS. Mr. President, I tion can reach the level of confidence and co- which had become offensive was to pre- want to point out that we should not operation that this shared devotion entirely vent seasonal support. Institutions get off track of what the Senator from warrants. must now specify what specific projects New York has attempted to do, and The difficulties of the present have proved they will support with the funds they that is to remember why the Endow- the needed stimulus for a large and prom- receive from the Endowment. And also, ment was created and what is the im- ising future. We look to the Met with high even more important from the perspec- portance of the arts, what is the impor- expectations for ever greater achievement in tive of trying to prevent the kinds of the musical arts. tance of the Federal support for the performances which the Senator from arts. Mr. JEFFORDS. First of all, Mr. North Carolina was pointing out, was We have a huge Nation, a wonderful President, I want to thank the Senator to prevent grants to individuals. Nation, and a nation with diverse cul- from New York, the ranking member of In the House when the issue of some tures with wonderful things occurring the Finance Committee, for his excel- of these grants was raised, Jane Alex- from one coast to the other, from the lent presentation on the history of the ander, the Chairman of the NEA—and I North to the South. The arts help us Endowment. I think it is important will make this a part of the RECORD— understand life and the NEA help the that we dwell on that a while, or just a pointed out in the House definitively Nation learn about the good things few minutes here anyway, because we that they were not grants made by the that are going on in the arts across the have heard some rather severe con- NEA. Still, those are the ones that are country—the good things that will help demnations of a program of which, in used to condemn the NEA. us understand where we are going, the final analysis, after review, would I ask unanimous consent that a copy what our society is about, and what we show has been very helpful in enhanc- of the letter from Jane Alexander to need to do to be happy, to have a good ing the availability of the arts in this Representatives in the House be print- life, and to be able to solve our prob- Nation. I find it problematic that even ed in the RECORD. lems. though we seem to have eliminated all There being no objection, the letter The purpose of the Endowment is to of the policies that have caused prob- was ordered to be printed in the allow those areas—those things that lems as part of the 1996 appropriations RECORD, as follows: are successful, those things that appeal act, to some, they still seem to exist. NATIONAL ENDOWMENT FOR THE ARTS, to us, that make our culture rich—our Let me talk a little bit about that, Washington, DC, June 24, 1997. art—to be shared from State to State. after again, thanking the Senator most DEAR REPRESENTATIVE: In recent days you The Federal role encourages this ex- sincerely for that historical presen- may have received a videotape produced and change and supports all States by col- tation, which was most helpful. distributed by the American Family Associa- lecting, disseminating, and allowing Back in 1996, when we passed the ap- tion (AFA) which contains film scenes that programs to tour all around the coun- the AFA says were supported by the Na- propriations legislation, we placed pro- try, making sure that programs which tional Endowment for the Arts during my are important and essential to edu- hibitions on policies that have caused administration of the agency. difficulty with the Senator of North The video apparently contains scenes from cation or to assist those in depressed Carolina and others, on the utilization five specifically named films. I want you to areas that are impoverished are shared. of funds from the Endowment. First, know that the NEA did not in any way pay So I will be offering an amendment we placed a prohibition on subgranting. for the production of three of the films enti- which will say that at this time in our Now, subgranting was a practice in tled Access Denied, Coconut/Cane & Cutlass Nation we recognize that we have two which the Endowment itself would give and Bloodsisters. The fourth film entitled very serious problems, and they are Nitrate Kisses was supported by means of an a grant to an institution and that in- very closely related: NEA production grant to an individual Education. We know that we must stitution would in turn make grants filmmaker during the previous administra- improve education in our Nation. It is for other things or to individual per- tion before I became Chairman. essential that we do that. It is essen- formances. An example of such a prac- NEA did support production during my tial because in this day and age com- tice was raised with regard to a pro- chairmanship of the fifth film, The Water- petition from international economies gram mentioned by the Senator from melon Woman, by means of a grant to has created real problems for us, with North Carolina with respect to the Woman Make Movies/Cheryl Dunye in 1995. For your information, The Watermelon jobs in the thousands leaving this Whitney Museum. It is illustrative be- Woman has been reviewed very favorably, country and going to others, threat- cause it points out how far we would and is showing to audiences in theaters and ening our Nation’s ability to compete have to go in order to satisfy those who film festivals throughout the country. right now. For instance, we have 190,000 are concerned about painting the En- You should know that the NEA has not jobs in the technology area that are dowment out to be making inappro- made any grants to individual filmmakers since 1996, because grants to most individual going unfilled because we do not have priate grants—some time, some place, the young people or older people with somewhere, some performance will be artists were abolished by Congress that year. We also have not supported the general dis- the skills necessary to perform those what someone might call pornographic. tribution of films since 1996, because those jobs. We had one CEO who testified be- Most often, it is that subgrant or an- grants fall into the category of general sea- fore the Labor Committee who said other activity, separately funded, sonal operating support, which Congress also that he had seriously considered, like which was not issued by the Endow- abolished in 1996. others are moving centers of their ment, like the example of a perform- The AFA also criticized the agency for sup- manufacturing from this Nation to ance at the Whitney Museum. The porting Fiction Collective 2 (FC–2), a small publisher at the University of Illinois, which other nations because people there Whitney Museum did get a grant for its have the skills, they are ready, they building, but not for the performance has introduced some of our newest minority writers of quality to the American public. are available, and the cost is cheaper. that the Senator from North Carolina Over the years, FC–2 has sustained a com- So one of the purposes and an impor- mentioned. Now, the Senator from mitment to intellectual challenge, and some tant function of the Endowment is to North Carolina would say that because of America’s greatest writers have supported try to see how we can help solve that a performance was done in that build- it. problem of education. ing, which had received a grant for its As you may know, the AFA has a long In addition to that, we also have the construction, it should have been pre- record of distributing purposefully inac- problem of welfare reform. Some of the vented because it, in his determina- curate information about the NEA. The fact remains that this agency has made more greatest problems this Nation faces are tion, would have been offensive. That is than 112,000 grants over the course of its in the inner cities with our poor, with an unrealistic standard and I would thirty-two year history, and fewer than forty violence, and with the incredible prob- hate to think that of the programs that of them have caused some people some prob- lems that people face trying to find di- we fund in the United States, that we lems. That’s a record of excellence that any rection and meaning in their lives.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9323 What can you do? How can you escape have a school that is under the tute- can identify and look at them and rep- from the pressures that you have in the lage of the Kennedy Center. I was licate them. ghettos? amazed with that one. I found they had I think the Endowment, by helping I have traveled around this Nation artists there who were teaching, but identify, perhaps in cooperation and and have observed education and wel- they weren’t teaching art. They were coordination with the States and the fare programs. Many of these are pro- teaching math, and they were teaching Department of Education, can make grams were enhanced by programs put science. How were they doing that? I those programs available for others to on or financed in part by the National went, and I watched these young kids see and to utilize. Endowment for the Arts. Let me give making little pianos. They were learn- you a few of those to demonstrate what ing how to measure them, construct One of the advantages of this great I mean. them, and learning their geometry. Nation is that we have people who are The thing I would like to talk about Then they learned how the sounds innovative, who can design and find first is education; and learning. It is so came out differently from the little ways to solve these problems. The dis- much easier to understand and to learn thing they hit it with. They could advantage we have over foreign nations if what you are doing is relevant, or in make music. They understood why the is that of replication, getting the peo- some way relevant, to your life, mak- frequencies were different and why the ple who are in charge of the programs, ing it a little bit better, or giving you frequencies were made different by the who are trying to design these things a way to make it a little bit better. lengths of those strings. well to become aware of successful pro- Let me go through some of the pro- What happened to those students? grams that already exist. grams that I have witnessed. These The math rates went up in that Let me give you an example of how were funded by the Endowment, or as- school—not so much for the reading sisted by the Endowment. Let me take we differ from other nations, and we scores, but the math rate went climb- have to analyze it as to whether we you to the inner city of New York City ing upward. in the Hispanic area where some of the So we know that using the arts, there should be looking at this problem and highest crime rates and some of the are ways in which we can break see if we can correct it. I think we highest poverty rates exist. through to things which are inter- should. We have a program in the area I visited Ballet Hispanico on a week- esting and relevant—music as well as of work force improvement called end morning where young kids of 5, 6, the performing arts and the graphic TECH PREP. It is in combination with 7, or 8 years old received instruction in arts. the secondary schools and junior col- ballet, participating with all the en- So we have a way to realize improve- leges or community colleges, and how thusiasm that young kids can have, ment here. So that is why my amend- they can work together and bring some knowing that when they left there they ment would say that what we need in of the courses down into the high were going to have just a little bit this country is to identify each of these school and to pull the students up to more hope. This program provided a programs all throughout the country the level where when they graduate way that they could see a window and to let other people know in other they will have the ability to get those through all of the chaos that they live States what programs are working, jobs that I was talking about those in to be able to take them to a better what are the ones that break through $30-, $40-, $50-an-hour jobs paying life. to those young kids who had suffered $100,000 or $90,000 that are available in A more dramatic exhibition of that, from violence and loss in their fami- this Nation. also in New York City was a program lies. Which ones broke through to help? Malaysia came over and took one that I visited—again, a program which Is there further evidence of how this look at our program, TECH PREP, and was supported by the Endowment— could work? said this is a great idea. Look how well where I saw these young children all Statistics based on College Board fig- it is working. They went back and drawing kind of frantically on the pa- ures, the organization that performs overnight Malaysia adopted our TECH pers that were in front of them. I the SATs, show a difference between PREP program. We are still at 1 per- asked, ‘‘What is going on here?’’ The those students who participated in cent. About 1 percent of the schools in teacher informed me that each one of music and the arts as compared with this country have the TECH PREP students who did not. They found there those children had lost a member of linkage with other higher educational was a dramatic difference. With those their family, by violence, that they had institutions. blocked off reality, and they could not who had 4 or more years in music or communicate about what happened to art, verbal SAT scores went up almost Those are just examples of why it is them. But by drawing and by artistic 60 points and math SAT scores went up necessary for us to have programs and expression they could let their feelings over 40 points. To a young person who methodology to be able to share those out, they could break through, there is hoping to break out of poverty, to great things which are occurring was hope for those children that their not get caught on welfare, the thought throughout the Nation so that they can life could break away from this poverty that by participating in music and art, be available to all. Those things will and violence which they were in. the window of opportunity could be en- not be readily located or identified or Also, one only has to go to listen to larged and the doors of college or uni- provided unless we have some way to the Harlem Boys Choir or so many versity could be opened wide to them collect, to identify, to evaluate, and to other demonstrations of what has gone gives you an idea of what can happen if let others know about them. I believe on with the individuals who have par- we structure the NEA better so that it the Endowment could help us immeas- ticipated in NEA funded activities. I identifies, helps fund and allows us to urably in that area. also went out to San Diego, CA, and share throughout this broad Nation of Mr. President, I have gone on longer went to a school out there which was ours those successful programs. than I wanted to. I suppose I will be an incredible one, a music magnet I have done a rough analysis and back tomorrow when we take this up. I school, but again in one of the de- summary of just a few of the successful hope that my colleagues will share pressed areas of San Diego. This was a kinds of programs that we have like some other examples of NEA-funded middle school of seventh, eighth, and this in this country. They are very dif- programs that demonstrate the advan- ninth grades, where they had an or- ferent. Some use the arts secondarily. tage of a Federal system which tries to chestra, a band, a jazz band. Almost ev- Some in different ways teach math or enhance the arts and our culture, en- eryone in that school had arrived there science. Roughly 1 percent of our hances enrichment and educational ac- in the seventh grade without any skills schools are good; 1 percent are doing tivities as well as to show what posi- in music. When I listened to them play, the job; 1 percent of our students are tive results can be achieved by giving it brought tears to my eyes. To think getting that kind of education that we young people, at an early age, an inter- that these young people when they need. Ninety-nine percent need to learn est in learning. The NEA has been suc- came to that school did not see a pur- from somebody, somewhere, or some- cessful in these areas. pose in life but perhaps now saw that how how they can improve their re- there could be some beauty in their sults. The way they can do it is by Mr. President, I yield the floor. lives. I could go right here to Wash- being able to know where those pro- Mr. ENZI. Mr. President, I want to ington, DC. In Washington, DC, we grams are, who has them, so that they make some comments about funding

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9324 CONGRESSIONAL RECORD — SENATE September 15, 1997 the arts, and I rise in strong support of must be subject to local sensitivities our society as it grows. We have been the amendment offered earlier today and needs. Federal bureaucrats have no given stewardship over the public by my friend and colleague from Ar- accountability to people because no- purse, and we cannot abdicate that re- kansas, Mr. HUTCHINSON. I commend body lives at the Federal level. People sponsibility just to placate some of the him for taking such an active role in live at the local level, people learn at special interests in Washington. We the issue. It is an issue that people the local level, and people appreciate cannot continue wasting taxpayer dol- have very strong and very divergent and produce art at the local level. Even lars on the National Endowment for feelings about. It is that divergence of the Smithsonian, National Gallery, and the Arts. opinion that brings me to the floor to the Kennedy Center produce and dis- NEA funding in this appropriations support this amendment. play collections of local art. So if we bill is over $100 million. I support the In the House, it is my understanding are going to fund our cultural re- arts, but the simple truth is our Fed- that there is a majority in favor of sources with taxpayers’ dollars, then eral Government is broke. We simply eliminating funding. We will be voting let us give the taxpayers the oppor- cannot afford to keep on funding art on that, too. Senator HUTCHINSON is of- tunity and the responsibility to do it when we are in this type of fiscal con- fering an alternative. He has done a lot right. dition and when we have other pro- of research on funding equity to meet In my hometown of Gillette, for ex- grams that do struggle which we the purpose of arts, of getting it out as ample, where I served as mayor for 8 should be funding. divergent as possible across the United years, we are particularly fond of Before we vote on this issue, I simply States, and we have not been doing Camplex—the Campbell County Arts ask my colleagues to consider a simple that with equity. and Activities Center. Representatives question. If your family was broke, if During the course of this debate we from all over northeastern Wyoming they were in a tough financial cir- have heard example after example of take advantage of the performances cumstances, if they were looking at an successful and valuable local projects. and exhibits offered at Camplex, and enormous mortgage on their house, We hear about Shakespeare in the Park many of those productions are made enormous debt that they have, would and we hear about traveling museums, possible using Wyoming Arts Council they be out buying art? The simple an- we hear about folk festivals and cham- support to leverage additional match- swer to that is no, they would not. ber music, and visiting artists. These ing funds from local, State, and na- We are in a similar situation here. are very worthwhile programs, and tional sources. In fact, they leverage We are still struggling to get the budg- they yank at the rural heartstrings of the resource about 10 to 1. That is local et balanced, and we are going to get both liberals and conservatives alike, participation, local approval, and local there. But once we balance it, we are but the survival of those activities is decisionmaking. still over $5 trillion in debt. That is not the subject of this amendment. In I understand the importance of arts how big the mortgage is on the coun- fact, this amendment would strengthen and humanities funding in places like try. those programs. Wyoming. I know about the distances We are talking about a program that The variety of approaches today between small towns that would never I just do not think can justify itself, alone for funding the arts shows that get to participate in the arts if it were given the financial conditions that we what we are doing has some major not for some funding that helps to get are in and given the role of a limited flaws, and there is a saying that if you it to them over those distances. and focused Government. I do think we keep on doing what you have always Seeing the arts encourages the talent ought to support the arts, and that been doing, you are going to wind up that lives there. It brings out the tal- should be done privately. That can with what you have, or less. ent of the kids, and we do have some occur and should occur. But when we Everyone in this Chamber is familiar very talented kids. Every Senator in are in this type of fiscal condition, with the past trouble surrounding this Chamber could point to some suc- funding art is clearly not an essential. funding for the national endowments. cesses in their States. There is some Subsidizing artistic endeavors, inspir- There are too many examples of poor misconception out there that conserv- ing artists is a worthwhile project but judgment in the granting process, too atives do not appreciate the value of not for the Federal Government. The many examples of taxpayers’ money the arts and humanities in our society, House has seen the wisdom to abolish wasted on projects with absolutely no but that is not an accurate view. This this Government program. We should redeeming social or cultural value. conservative Senator believes there is have the wisdom to do the same. There are also those who argue that art a place for arts funding, but that place In considering this amendment, there is subjective, that Congress should re- is not in Washington. This is about an are a lot of things that it seems to me frain from limiting expenditures in equal chance throughout the United the Federal Government could do with- order to foster freedom of expression. States for equal funding in the arts. out—a smaller, better focused Federal This is not a debate about censor- I congratulate the Senator from Ar- Government, a more limited Federal ship. It is a debate about spending the kansas for his middle of the road ap- Government—and have a better Fed- people’s money. It is a debate about proach, and I yield the floor. eral Government at the end of the day. who gets to make the decisions. It is a Mr. BROWNBACK addressed the Here is one clear example. It is one we debate about who can most encourage Chair. do not need. It is one we have had ex- art participation and who should make The PRESIDING OFFICER. The Sen- tended debate about. It is not as if this those decisions. ator from Kansas. is a new topic coming up. It is time to Is there any reason why national Mr. BROWNBACK. Mr. President, I do it, and that is why I am supporting panels are more qualified to fund art rise in support of the Helms amend- this amendment. than State or local panels? If the ment to the Interior appropriations Mr. President, I yield the floor. strongest justification for continued bill. The Helms amendment, which Mr. ASHCROFT. Mr. President, I arts funding is the value of local pro- abolishes the National Endowment for suggest the absence of a quorum. grams, then we should recognize that the Arts, is the only fiscally respon- The PRESIDING OFFICER. The and strengthen what works, elimi- sible approach to the funding of the clerk will call the roll. nating what does not. arts by the Federal Government. The bill clerk proceeded to call the Last week the Senate took a historic The Federal Government truly has to roll. step in the right direction when we be downsized and more limited. Some Mr. ASHCROFT. Mr. President, I ask voted to return K through 12 education on the Senate floor today have argued, unanimous consent that the order for spending decisions to the local school and rightfully so, that the National the quorum call be rescinded. boards. That vote indicates a frustra- Endowment for the Arts would func- The PRESIDING OFFICER. Without tion we all feel with the abrogation of tion much better as a private endow- objection, it is so ordered. local decisionmaking authority, with ment funded with private dollars, and I EXCEPTED COMMITTEE AMENDMENT BEGINNING the dissolution of American democ- agree. We cannot let the Federal Gov- ON PAGE 96, LINE 12 THROUGH PAGE 97, LINE 8 racy. Programming decisions, on pro- ernment continue growing unabated, Mr. ASHCROFT. Mr. President, I ask grams such as education and the arts, swallowing up the private function of unanimous consent that the Senate

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9325 proceed now to the committee amend- is great in the art and architecture his- today to attempt to persuade my col- ment on page 96. tory of the United States. For years we leagues to end funding for the National The PRESIDING OFFICER. Without will stand looking at these monuments Endowment for the Arts. objection, it is so ordered. as testaments to our faith. Further, There are numbers of reasons why we The amendment is as follows: they serve to remind us of the central should end funding for the National NATIONAL ENDOWMENT FOR THE ARTS role that artistic and scholarly expres- Endowment for the Arts. Earlier today, GRANTS AND ADMINISTRATION sion can and should play in our lives. Senator HELMS eloquently discussed For necessary expenses to carry out the Na- It is within this context that we one of those reasons, that the NEA has tional Foundation on the Arts and the Human- must determine what involvement, if consistently funded art that is ities Act of 1965, as amended, $83,300,000 shall be any, the Federal Government should antifamily, morally objectionable, and available to the National Endowment for the have in the arts. It is my belief that obscene. There has been much debate Arts for the support of projects and productions arts and humanities funding is pri- on this point, and this debate, I am in the arts through assistance to organizations marily a matter for private and local sure, will continue. I would like now to and individuals pursuant to section 5(c) of the initiatives. There are, however, some discuss some of the other reasons why Act, and for administering the functions of the Act, to remain available until expended. areas that do merit Federal assistance. we should stop funding the NEA. In a time when we are paying the MATCHING GRANTS For example, the Smithsonian plays an To carry out the provisions of section 10(a)(2) important part in transmitting the cul- highest taxes in the history of the of the National Foundation on the Arts and the tural heritage of Americans from one United States, why should we continue Humanities Act of 1965, as amended, $16,760,000, generation to the next. We appreciate funding the National Endowment for to remain available until expended, to the Na- the fact that we can learn about what the Arts? I think our priorities should tional Endowment for the Arts: Provided, That has happened in America by visiting be to balance the Federal budget as this appropriation shall be available for obliga- the Smithsonian Institution museums. quickly as possible and deliver deep tion only in such amounts as may be equal to I think they are of great value. across-the-board tax relief to the the total amounts of gifts, bequests, and devises Conversely, a number of federally American people. Another public gift of money, and other property accepted by the Chairman or by grantees of the Endowment funded programs, from, one, for in- to the NEA bureaucrats would be a slap under the provisions of section 10(a)(2), sub- stance, labeled ‘‘A Theater History of in the face of millions of taxpayers who sections 11(a)(2)(A) and 11(a)(3)(A) during the Women Who Dressed as Men,’’ to deserve tax relief but were told this current and preceding fiscal years for which projects representing various mani- year we just don’t have enough re- equal amounts have not previously been appro- festations of political correctness, are sources to be able to accord you the re- priated. a waste of our taxpayers’ resources. lief you deserve. Frankly, that is an in- AMENDMENT NO. 1188 Begun in 1965 as part of President adequate response to individuals while (Purpose: To eliminate funding for programs Lyndon Johnson’s Great Society Pro- we are funding a variety of art projects and activities carried out by the National gram, the National Endowment for the which qualify on the basis of their po- Endowment for the Arts) Arts was supposed to raise the level of litical correctness; art projects which Mr. ASHCROFT. Mr. President, I artistic excellence and promote a wide would undermine the very things that send an amendment to the desk. variety of art. The agency’s budget parents are trying to teach their chil- The PRESIDING OFFICER. The reached a high of $176 million just 5 dren about the values that have made clerk will report. years ago, in 1992, and it is slated to re- this Nation great. The bill clerk read as follows: ceive $99.5 million in fiscal year 1997. Second, Congress should not be in the The Senator from Missouri [Mr. Although the NEA has funded some business of making direct subsidies to ASHCROFT], for himself, Mr. BROWNBACK, and worthwhile programs around the Na- free speech. I really question whether Mr. SESSIONS, proposes an amendment num- tion, it has managed to create an un- it is the proper role of the Federal Gov- bered 1188 to the committee amendment be- broken record of special favors and em- ernment to directly subsidize free ginning on page 96, line 12 through page 97, barrassments. Year after year, the speech as we do through the National line 8. NEA has doled out money to shock art- Endowment for the Arts. Mr. ASHCROFT. Mr. President, I ask ists who produce obscene, antifamily, Government subsidies, even with the unanimous consent that reading of the antireligious, so-called works. I will best of intentions, are dangerous be- amendment be dispensed with. not say they are works of art. Nonethe- cause they skew the market. They tend The PRESIDING OFFICER. Without less, President Clinton has continued to allocate resources to something that objection, it is so ordered. his efforts to secure tax dollars for the would not be or could not be supported The amendment is as follows: NEA, requesting $136 million for the on its own. And they skew the market Beginning on page 96, strike line 14 and all agency in his proposed funding for fis- toward whatever the Government that follows through page 97, line 8. cal year 1998. grantmakers prefer. It says that we Mr. ASHCROFT. Mr. President, I Since the beginning of my tenure as think a certain kind of art is best and want to thank Senator HELMS from a U.S. Senator, I have opposed Federal we will pay for that kind of art but we North Carolina for having participated funding for the National Endowment won’t pay for other kinds of art. It and spoken in advance about this for the Arts. I believe that Congress seems to me, to have the Federal Gov- amendment. This amendment relates has no constitutional authority or ernment as a giant art critic, trying to to the funding of the National Endow- valid role to play in funding the NEA. say that one kind of art is superior to ment for the Arts. It’s a means where- For example, during the 104th Con- another, one kind of speech is superior by arts are subsidized by the Federal gress, I offered, though unsuccessfully, to another, one set of values is superior Government, where the citizens of this an amendment in the Senate Labor and to another, is not something that a country are asked to participate in Human Resources Committee to reduce free nation would want to encourage. funding a variety of things which are authorization levels for the NEA by 50 National Endowment for the Arts designated as art or as worthy of being percent. grants placed the stamp of official U.S. supported by the Government. I appre- On July 15 the House passed legisla- Government approval on funded art. ciate the leadership of Senator HELMS tion eliminating, this year, funding for This gives the Endowment enormous in this matter. I thank him for his out- the National Endowment for the Arts. power to dictate what is regarded as standing remarks which he has made However, on July 22 our Senate col- art and what is not. Frankly, I believe earlier today. leagues in the Senate Appropriations they have made serious mistakes in the On the tomb of English architect Sir Committee took a different approach past, suggesting, of things that were Christopher Wren, there is an inscrip- from the House by providing $100.06 nothing more than offensive, obscene tion which reads, ‘‘If you would see his million in funding for the NEA for fis- material, that they were in fact art. monuments, look around you.’’ Each cal year 1998. This reversed a trend of The Los Angeles Times critic Jan day I am moved by the beauty of the declining amounts from 1992, and sends Breslauer demonstrates that the NEA’s monuments of this historic city, monu- the dollar amounts back up again. I subsidization of certain viewpoints ments to Washington, to Jefferson, to was disappointed by this action. That poses great problems. The Los Angeles Lincoln. They are emblematic of what is why I am here today. I am here Times critic writes:

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9326 CONGRESSIONAL RECORD — SENATE September 15, 1997 [T]he endowment has quietly pursued subsidize art, or so-called art, or politi- development of arts in America with qualities rooted in identity politics—a kind cally correct expression which has been Federal subsidies or Federal funding. of separatism that emphasizes racial, sexual distorted by the bureaucrats that have And, if we can believe the criticism of and cultural difference above all else. The art world’s version of affirmative action, demanded that things be politically federally funded art as being art which these policies . . . have had a profoundly cor- correct, is an affront to hard-working has been distorted in order to follow rosive effect on the American arts.... American families. I think we either the dollars of the Federal bureaucrats, Here is a critic, accustomed to evalu- ought to spend the money far more insincere art that comes as a result of ating art, saying that the National En- wisely or, preferably, we ought to say an enticement to be politically correct dowment for the Arts and its subsidies to those families, we will not tax you and doesn’t really represent the expres- have had a profoundly corrosive effect so we can demand and elicit from an sion of the artist, it can’t, by defini- on the American arts. All too fre- art community politically correct tion, be art which would be as sound in quently, Government programs, even statements in which they do not nec- quality as art which would have ema- well-intentioned ones, have a reverse essarily believe but for which they will nated from the conviction of one to effect, an unintended consequence, an seek to alter their art in order to get convey what one believed. unanticipated impact. And that is what the Federal funding. As a matter of fact, if one was to we have here. Critics, understanding, In short, the Government should not compare the art generated prior to the aware, in tune with what is happening pick and choose among different points NEA to art that has come after NEA, I in the art world, say that what we are of view and value systems. Garth don’t think it would be any problem to doing with $100 million of taxpayers’ Brooks’ fans pay their own way, while see we have had great art throughout money is having a ‘‘profoundly corro- the NEA canvasses the Nation for po- the history of the United States and sive effect on the American arts.’’ litically correct ‘‘art’’ that needs a worthy art for our consideration and Here is how the Los Angeles Times transfusion from the Treasury. our heritage in the absence of the sub- critic says it is happening: If country music folks can spend sidy of the Federal Government. . . . pigeonholing artists and pressuring their own money to enjoy the art they The growth of private sector chari- them to produce work that satisfies a politi- enjoy, I don’t know why those who table giving in recent years has ren- cally correct agenda rather than their best would patronize the ballet or the sym- dered the NEA funding relatively insig- creative instincts. phony or would somehow want to in- nificant to the arts community. Pri- What the critic has really talked duce the support of politically correct vate funding of the arts has been rising about here is that, instead of creating art can’t support their own version of consistently since 1965. It is estimated to express himself or herself, the artist what they enjoy in the field of art or that individuals alone will donate near- ends up trying to create to express or performance. It is bad public policy to ly $1 billion to the arts and humanities impress Government. have these direct Federal subsidies of this year. That is the estimate of the When you have a sale of what the free expression. House Committee on Education and communication is and a subsidy that Third, Congress had no constitu- the Workforce, Subcommittee on Over- reinforces the fact that someone is tional authority to create or fund the sight and Investigations. willing to sell their idea and to distort NEA. Overall giving to the arts in 1996 to- their idea for purposes of selling it, Although funding for the NEA is taled almost $10 billion, up from $6.5 that is nothing more than a prostitu- small in comparison to the overall billion in 1991, dwarfing the NEA’s Fed- tion of the arts. It changes arts from budget, elimination of this agency eral subsidy. This 40-percent increase their purity—from purity to pandering. sends the message that Congress is in private giving occurred during the It panders after the bureaucracy and taking seriously its obligation to re- same period that the NEA budget was has, according to this well-known crit- strict the Federal Government’s ac- reduced by 40 percent from approxi- ic, ‘‘a profoundly corrosive effect on tions to the limited role envisioned by mately $170 million to $99.5 million. the American arts.’’ the Framers of the Constitution. No- Thus, as conservatives had predicted, Despite Endowment claims that Fed- where in the Constitution is there any cutting the Federal NEA subsidy coin- eral funding permits underprivileged grant of authority that could reason- cided with increased private support individuals to gain access to the arts, ably be construed to include promotion for the arts and culture. it is important to look at what actu- of the arts. Let me make a point here. When the ally happens. The NEA grants offer lit- There has been a little debate about Government tries to elicit politically tle more than a subsidy to the well-to- this. I would like to point out that dur- correct art through the NEA, it dis- do. One-fifth of the direct NEA grants ing the Constitutional Convention in torts what happens in the artistic com- go to multimillion-dollar arts organi- Philadelphia in 1787, delegate Charles munity. It distorts it in the favor of a zations, $1 out of every $5 goes to the Pinckney introduced a motion calling few who would gain a majority in Gov- multimillion-dollar art organizations. for the Federal Government to sub- ernment. When the private market- Harvard University political scientist sidize the arts in the United States. Al- place supports art based on the quality Edward C. Banfield has noted that the though the Founding Fathers were cul- of the art, I believe that is a superior ‘‘art public is now, as it has always tured men who knew firsthand of var- way to do it, and I believe it is superior been, overwhelmingly middle and ious European systems for public arts for art. It is a way of promoting the upper middle class and above average patronage, they overwhelmingly re- arts through the private sector and the in income—relatively prosperous peo- jected Pinckney’s suggestion because marketplace which doesn’t have the ple who would probably enjoy art about of their belief in limited, constitu- pernicious impact of promoting art as much in the absence of the sub- tional government. Accordingly, no- which is not for art sake or not for sidies.’’ The poor and the middle class where in its list of the powers enumer- communication sake, but is for the thus benefit less from public art sub- ated and delegated to the Federal Gov- purpose of attracting from the bureau- sidies than do the museum- and sym- ernment does the Constitution specify crats a Federal subsidy. phony-going upper middle class. a power to subsidize the arts. It was So not only is it better to have in- Economist David Sawers of Great considered and overwhelmingly re- creasing funding coming from the pri- Britain argues that ‘‘those who finance jected by the founders. vate sector, in terms of providing ade- the subsidies through taxes are likely Fourth, the arts receive funding from quate resources for the arts, but it pro- to be different from and poorer than a variety of other sources, and they vides the validity of which and the in- those who benefit from the subsidies.’’ really don’t need the NEA money. The tegrity of which I believe is much more In fact, the $99.5 million that funds the arts in America have traditionally to be desired. NEA also represents the entire annual been funded by the private sector. Up Let me give you an example. Na- tax burden for over 436,000 working- until the creation of the National En- tional Endowment for the Arts funding class American families. To say to dowment for the Arts in the mid-1960s, is just a drop in the bucket compared nearly half a million American fami- the arts flourished in this country. As to giving to the arts by private citi- lies, everything you have as an annual a matter of fact, from my perspective, zens. In 1996, the Metropolitan Opera of tax burden will be taken and spent to I don’t think we have had a superior New York received a $390,000 grant

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9327 from the Endowment. That is a Federal NEA is to foster the excellence, diver- bers of this body believe that it is a subsidy of $390,000. That amounted to sity, and vitality of arts in the United good idea for Congress to support less than three-tenths of 1 percent of States and to broaden public access to something. Amidst all the rhetoric and the opera’s annual income of $133 mil- the arts. all of the accusation lies a central sa- lion, and it amounts to less than the One-third of direct NEA grant funds lient fact: that the U.S. Government is ticket revenue of a single sold-out per- go to six large cities. One-third of all a profoundly poor patron of the arts, it formance. the funds find their way to New York, is a poor judge of beauty and it is an State and local governments out- Boston, San Francisco, Chicago, Los even poorer judge of inspiration. If we spend the NEA, and their funding of Angeles, and Washington, DC. The rest had at our disposal all the money in the arts has been increasing. The arts of the country is left holding the bag, the world, it would not change this re- are a healthy industry, if you would having made these other locations sub- ality. call it such in this country. Employ- stantial beneficiaries of the tax re- Our resources should not be devoted ment and earnings of artists are rising. sources of America. toward subsidizing one kind of speech Art attendance is up in virtually every Those six cities really leave much of or expression over another, toward say- category, and the educational level of the country without. One-third of the ing your sense of creativity is superior, artists is rising, too. Ticket receipts congressional districts fail to get any your idea is superior to another. Rath- for arts are rising. direct NEA funding. We have 435 dis- er, we should allow as many of those The National Endowment for the tricts. We have a lot of folks. So 140 resources to remain in the hands of Arts is not operating in an efficient districts, basically, get nothing. And, those who have earned them. When we and effective manner. Let me just indi- there is a large disparity in the amount have sought to elicit artistic achieve- cate to you we have a lot of waste in of funding in districts that do receive ment by governmental subsidy, accord- this program. There is a lot of over- funding. One-fifth of the direct NEA ing to some of the very best critics, we head. There is a lot of ineffective grants go to multimillion-dollar arts have distorted and profoundly impaired spending here. The NEA is not subject, organizations. I already said that. the ability of artists to operate. They for example, to the Chief Financial Of- Moreover, the NEA continues to fund have called our impact a corrosive im- ficers Act, the Government Corpora- objectionable art, continues to do so pact on what would otherwise be art of tions Control Act, or other strict ac- despite the attempts by Congress to greater integrity. counting standards. The NEA has not limit such funding. With that in mind, I thank Senator been subject to any outside reviews of I support and I appreciate the arts. HELMS for his eloquent statement and its management or accounting proce- Anybody who spent as much time with his joining me in this amendment dures. And—listen to this—the NEA his mother standing behind him which would allow the Senate to join has an unusually high administrative breathing down his neck as he sat on the House in declining to fund the Na- cost for a Government agency which the piano bench and she counted the tional Endowment for the Arts. now approaches 20 percent. music and insisted on practicing has Mr. BENNETT addressed the Chair. We talked about whether or not the developed some appreciation for the The PRESIDING OFFICER. The Sen- Endowment’s budget would carry fund- arts. I don’t play any of them well, but ator from Utah. Mr. BENNETT. Mr. President, I have ing to common, average people, wage I manage to play three or four instru- listened with great interest to the de- earners. Twenty percent of it goes just ments. I have had the privilege of cut- bate this afternoon, hearing inter- to fund the salaries of bureaucrats in ting a couple records and had a few esting comments by the senior Senator Washington, DC, who make the demand people record songs I have written my- from New York who, as he said, was that politically correct art be produced self, but I never expected the Federal present at the creation of the National by artists who would otherwise paint Government to come and subsidize Endowment, hearing now this eloquent or otherwise provide other artistic what I do. Even the singing Senators and well-reasoned attack on the Na- work. don’t want a subsidy for what we do. Of tional Endowment by the junior Sen- We earlier learned that 20 percent of course, no one, not even the National ator from Missouri, I find myself com- the budget goes to multimillion-dollar Endowment, would construe what we pelled to make a few comments from art agencies. So you have 20 percent do as art. my own observation that I think will that goes to the multimillion-dollar But I support the arts and I know be a little different from some that we art agencies, another 20 percent that that arts enrich our lives and make us have heard. goes to the bureaucrats here in Wash- better citizens, arts that are created The Senator from Missouri talks ington, DC, and almost half the budget and developed by individuals on the about distorting the arts by virtue of so far is in categories that clearly basis of their own sense of communica- Federal involvement and Federal sub- aren’t going to benefit people, even if tion and not as a source of chasing sidization. I can only say that is not the nature of the art produced was Federal funding. what happens in my State. The main valid and had the integrity that art I believe we are challenged by the impact of the National Endowment for ought to have. Then you have art crit- creative efforts and the talents of art- the Arts in the State of Utah has been ics saying that the remaining 60 per- ists. Sometimes art doesn’t have to be to spread the arts; that is, make them cent is used to distort what would oth- magnificent in order to be challenging available in areas in rural Utah and in erwise be produced in the marketplace. or inspiring. I have seen inspiring art poorer school districts where they The National Endowment for the by children. I have seen inspiring art would not be available otherwise. Arts recently wasted millions of dol- by those who are less fortunate than I find no distortion of the arts when lars of taxpayers’ money on a failed most of us, by those who are handi- a Federal grant goes to support the es- computer upgrade. And according to capped, because it represented some tablishment of string quartets playing the NEA’s own inspector general, a sincere expression from them as indi- Bach and Beethoven and Mozart in large percentage of grantees fail to viduals. That art can teach us, it can areas where the people would not of document properly their use of Federal help us, it can shape us, and it can themselves be able to sustain that kind funds. So even when they send money challenge us. of musical organization coming into out under the agenda of the bureauc- No doubt, the abundance and variety their community. I don’t think it is a racy and there are requirements there of artistic expression in America plays distortion of good art to have this kind be documentation for the utilization of a significant role in shaping our cul- of spreading effect take place in the the funds, the NEA’s own enforcement ture. My position in regard to elimi- rural areas of our country. office, the inspector general, says, nating the NEA should not be inter- The Senator from Missouri makes ‘‘Well, a large percentage of the people preted as a repudiation of the arts. It the point that the vast amount of fund- never really explain adequately how should be interpreted as a means of ing for the arts does, indeed, come from they use the resource.’’ supporting the arts. the private sector and that the amount The NEA is not operating in accord- It must be clear that Congress should of Federal contribution is so small as ance with congressional intent. Ac- act pursuant only to its constitutional to be almost negligible, and he uses as cording to its mission statement, the authority and not simply when Mem- his example the Metropolitan Opera.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9328 CONGRESSIONAL RECORD — SENATE September 15, 1997 I would be happy to stipulate that if million-dollar operation because they fore, they turned their attention to put the National Endowment for the Arts want the seal of approval that comes on a production of the ‘‘Merchant of went away, the Metropolitan Opera with the recognition by a centrally lo- Venice’’—public support for the arts. clearly would not. The Metropolitan cated Government agency that says, You say, ‘‘Oh, that was all private Opera has the ability and the visibility ‘‘You are quality. You have reached money.’’ Well, that is true. They did to raise the money necessary to stay the point where you justify our kind of not have any Federal money. They did viable if the NEA were to disappear. concern.’’ not have any money at all. And I am But I stand here as a supporter of the So those who are involved in the sure it was not the most wonderful pro- NEA not because I love the Metropoli- Shakespearian festival are grateful to duction of the ‘‘Merchant of Venice’’ tan Opera. I have been to a few per- me for speaking out in their behalf on that has ever been put on. But they fo- formances. I think it is fine. I would go behalf of the NEA. They are not seek- cused on the renewing, enriching cir- to more if I had the opportunity to be ing to distort what they do. They are cumstance of the arts. Brigham Young, in New York more often. It is the Utah not, as I say, rewriting Shakespeare’s when he arrived in the valley, planted opera I am concerned about and, yes, plays so some bureaucrat will love his cane in the ground and said, ‘‘Here the Utah opera would probably survive them. They are simply seeking the we will build a temple to our God,’’ es- without support from the National En- credibility that comes with association tablishing his first priority, which was dowment for the Arts, but the fund- with the National Endowment for the worship in the manner that they saw raising efforts of those who put on and Arts. fit. That is why they went there, be- produce the Utah opera would be ham- I have talked to school districts cause they were prevented from wor- pered. around the State of Utah. In every shiping the way they saw fit when they The National Endowment for the case, they have the same story to tell. had been in the United States. And so Arts is something like a ‘‘Good House- ‘‘If we can just get a few hundred dol- they went to leave the United States. keeping Seal of Approval’’ put on a lars that has the NEA seal connected When they started out for that part of local effort which allows the people with it attached to our program, we the world it was part of Mexico. But the temple was 40 years in the who are running that local effort to can then raise far more easily the local building. Long before the temple was then go out and do their fundraising money that we need.’’ built, they had built the Salt Lake and say, ‘‘You see what we have here is No, the Utah Opera will not dis- Theater. And they were having plays. really a class operation. It’s something appear. The Utah Shakespearian Fes- They were supporting the arts with worthy of your support, worthy of your tival will not disappear. The Utah public funds. private contributions. Look. It’s good Symphony will not disappear. Ballet We recently passed a tax increase in enough that the National Endowment West will not disappear. These are the Salt Lake County for one purpose, and for the Arts has put their seal of ap- leading arts organizations in Utah. But one purpose only, to support the arts— proval on it.’’ the school music programs will be public funding going for arts support. There are organizations in Utah that hurt. The orchestras—they are not The Utah Symphony probably would compete heavily for that seal of ap- even big enough to be orchestras. The not survive without that tax increase. proval, not because they are involved school musical activities that go on And there was a recognition that what in any distortion of what they are throughout rural Utah will be hurt if the Utah Symphony does for the school doing for purpose of seeking a Federal the NEA disappears. I think that is children of Utah, what the Utah Sym- grant. something to be concerned about. phony does for the cultural atmosphere The Utah Shakespearian Festival, for The Senator from Missouri says, of the entire State of Utah, the con- example, is not going to rewrite Shake- well, the art in this country was just as certs they give all up and down the speare’s plays just in an effort to get a good before the NEA as it has been State that are attended free by school- Federal grant. But if they can get just afterward. I will not dispute that. I do children and others is worth public enough seed money out of the National not think the NEA has funded the cre- funding for the arts. Endowment for the Arts that says to ation of a new Beethoven or a new Mi- That is a precedent that I think we the people of southern Utah, ‘‘The Utah chelangelo or a new Shakespeare. But cannot lose sight of when we are hav- Shakespearian Festival has arrived, it has made it possible for people to ing this debate here on the floor and the Utah Shakespearian Festival is a enjoy the productions of the old Mi- saying, ‘‘The public has no business first-class operation important enough chelangelo and Beethoven and Shake- funding the arts. Let the private people to come to the attention of the Na- speare in places where they had not take care of it.’’ tional Endowment for the Arts,’’ they had that opportunity previously. The public has an enormous stake in can then take that statement, along Of course, in my State there is a long seeing to it that the arts flourish in with what little amount of money that history of public funding for the arts. our society, that if we ever get to the came along with it, and redouble their This is, as people perhaps are beginning point where our schoolchildren have no fundraising efforts to make sure that to get tired of being reminded, the ses- appreciation for Shakespeare, have no the Utah Shakespearian Festival will quicentennial of the arrival of the Mor- sense of excitement when they hear the thrive. mon pioneers in Salt Lake Valley; 150 ‘‘Ode to Joy’’ from the last movement If I may, for just a moment, talk years ago this group trekked across the of Beethoven’s 9th Symphony, because about the Utah Shakespearian Fes- plains, came in to found what is now they have never heard it before—oh, if tival. It started as almost a class the State of Utah. And there has been they live in a major metropolitan area project at the College of Southern Utah a great deal of national publicity about they will hear it, if they live within the in Cedar City for something to do dur- that, a great deal of discussion about sound of public radio, which some of ing the summer. The founder of the fes- the difficulties and hardships that they our colleagues in the House want to de- tival would probably be a little more went through. stroy as well, they may hear it—but grandiose in his description of what he In the context of this debate, I point there is nothing quite like hearing it was getting started. This was roughly out that within weeks after their ar- live in your own rural community, 30 years ago. It has grown to be one of rival in the Salt Lake Valley, which maybe badly played, put on by the the top five Shakespearian festivals in was about as inhospitable a place as local folk, and only a few hundred dol- the country. People come from all over they could possibly have arrived, they lars from the National Endowment for the country to attend it. And we have put on a production of the ‘‘Merchant the Arts that made it possible, that a marvelous, marvelous cultural expe- of Venice.’’ In their total poverty, hav- started the ball rolling, but essential, rience in southern Utah as a result of ing walked across the plains, now ex- vital, important to the lives of all of its existence. hausted, faced with the possibility of us. Do they need money from the Na- starvation because they were not sure The public, as a whole, has a stake in tional Endowment for the Arts to sur- they could get their crops in in time to seeing that the arts flourish. Those vive? No, they do not. But they com- get any kind of a harvest before the who would cancel any kind of Federal pete for the money as often as possible winter set in, in a hostile environment participation in the arts will be send- even though they are now a multi- where no crops had ever been grown be- ing a powerful message that the public

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9329 in the United States wants to turn its National Endowment for the Human- about a Nation’s contribution to man- back on any kind of public involvement ities in a single endowment, overseeing kind. in disseminating the impact of the arts both activities, and see if we can’t Throughout our Nation’s history, the throughout our society. achieve some efficiencies in adminis- arts have held a very valued place in So, Mr. President, with all due re- tration, that some of the same admin- our country. I listened earlier to our spect to my colleagues for whom I have istrative functions could take place to good friends and colleagues speak, and great personal affection who are on the support both activities, and do that in I went over to my reception room and other side of this issue, I make it clear a much less emotionally charged at- lifted this volume entitled ‘‘The Art in that I stand for funding for the Na- mosphere that seems to surround this the United States Capitol.’’ Would it tional Endowment for the Arts. debate? not be hypocrisy for those who feel so Out of that general statement, let me For that reason, I will support the inclined to no longer help the commu- make some specific comments about amendment by the chairman of the full nities have their own arts, would it not the debate we are having. committee, Senator STEVENS, that says be somewhat hypocritical for us, since Is the National Endowment for the once this is all over in this appropria- we live in and work in this collection Arts the perfect vehicle for this fund- tions bill, Congress should hold some of buildings, amidst one of the greatest ing activity that I have just defended? hearings on this issue and see where we collections of art in the world, and we Probably not. There are always im- really ought to go. are so proud that we put this book out? provements that can be made in the But in this emotionally charged at- Let me read the preface. It is 1976, bureaucracy. mosphere that we find ourselves, I find the year of our bicentennial. 94th Con- Has the National Endowment for the that those kinds of conversations get gress of the United States, concurrent Arts funded art with which I am dis- lost in the rhetoric and you have to resolution. appointed? Absolutely. There is no chose either one side or the other. The Resolved by the House of Representatives, the question that the sense of outrage that Senate concurring, That there be printed with highly polarized atmosphere of this de- black and white and color illustrations as a has been raised on the floor of this bate is, I think, unfortunate. House document, a volume entitled ‘‘Art in House and the other over the years But in that atmosphere I have made the United States Capitol,’’ as prepared about some things that have been fund- my choice, true to the traditions of the under the direction of the Architect of the ed by money from the Federal Govern- State that I represent, going back 150 Capitol; and that there be printed 36,400 addi- ment is a legitimate sense of outrage. years. I have decided to support public tional copies of such document, of which Unfortunately, we have ourselves in funding for the recognition that it is 10,300 will be for the use of the Senate, 22,100 the circumstance where if you are for the spreading of the arts throughout copies will be used for the House of Rep- the arts you almost have to stand up resentatives, and 4,000 copies for the use of all of society that is the great benefit the Architect of the Capitol. for this appropriations, in the way the of the arts. It is a beautiful volume, Mr. Presi- public perceives it. And if you think It is not for the elite, who sit in the dent. I urge those who enjoy, as I do, that there is a problem, you almost concert hall and listen to the Metro- these magnificent paintings in this have to be with Senator HELMS and op- politan Opera, to say, ‘‘That is a mag- great institution to get a copy, if we posing everything. I would hope we nificent operatic experience’’; it is for can find it for them, and place it in could get away from that. And I know the people in the small towns of Utah, their reception room. As the visitors there are a lot of amendments on the who sing those operatic arias, usually come from all across my State, and in- floor. rather badly, but are nonetheless in- deed from other States, this is the vol- Senator HUTCHISON from Texas has spired by the experience of coming in ume which they pick up and go one that I am almost tempted to vote contact with that which the Metropoli- through with great pride. I am aston- for, maybe with some tweaking I might tan Opera itself helps preserve for the ished we would enjoy what we have and be able to vote for it. I wish we could Nation as a whole. at the same time not try to take the be in the atmosphere where we started Would I like to have more money for proper steps to provide for the rest of out with the amendment of the Sen- my State out of the National Endow- the country a comparable enjoyment. ator from Texas and said, ‘‘OK, this is ment? Of course. What politician would As my distinguished colleague said, a description of where we want to be. not, but not at the expense of disman- while we may not have, thus far, with Now let’s try to work from here to- tling the great artistic organizations the NEA created a Michelangelo, per- wards solution.’’ that are at the core of the spreading of haps we have instilled in men to study But unfortunately, the matter has art throughout our society as a whole. his works. I often take time to go been so polarized you almost have to So I look forward to the passage of through our galleries and museums all pick a side and stand on that side and Senator STEVENS’ amendment, for the across this country to enjoy the great say, ‘‘Any movement away from this coming of some kind of hearings for contributions of those in our Nation side opens me up to misinterpreta- the examination of the particulars of who have placed in history this Na- tion,’’ any movement away from a how we deal with this. But I repeat tion’s contribution to the arts. stand for the full amount approved by again, in the polarization that has oc- I feel it would be a sad contradiction the subcommittee that Senator GOR- curred here where you have to ulti- were Members of Congress to turn their TON chairs, and on which I serve, is a mately say you are on one side or the back on funding for the arts at the demonstration you are not in favor of other, I have chosen the side that I same time we work among this mar- the public support for the arts; or, on have been on. And I wish to make that velous collection of art and buildings, the other side, any movement away clear. some of the most priceless pieces of art from total elimination is a demonstra- The PRESIDING OFFICER. The Sen- work in the country and enjoyed by tion that you are in favor of filthy art. ator from Virginia. millions of visitors every day to the I do not think either of those extremes Mr. WARNER. Mr. President, I was Capitol of the United States. is accurate in the legislative situation particularly moved by the remarks of The Rules Committee, of which I am in which we find ourselves. the Senator from Utah and decided I a member, has oversight responsibility I would hope that in this Congress we would come to the floor at this time for these buildings and the works of art would pass the bill as it came out of and add my own thoughts, which are in proudly displayed. We have a curator, a the subcommittee—I voted for it in the support of the funding for the National very knowledgeable individual with subcommittee and support it strongly Endowment for the Arts. whom I have had many, many, enjoy- on the floor—and then move toward a Mr. President, support for the arts able conversations. Each day our own more reasoned or, if you will, less emo- and the humanities, in my judgment, collection is checked. Often it has to be tional analysis of what should be the characterizes a civil society. It estab- refurbished. The Capitol Building itself future of funding for the arts, what lishes in many respects that Nation’s is one of the finest examples of 19th- should be the restructuring of the Na- place in history. We read so much century neoclassical architecture, and tional Endowment for the Arts. about wars and politicians, but I find it is noted in the hallways and Could we perhaps combine the Na- that the search for the arts is what throughout some 540 rooms of the Cap- tional Endowment for the Arts and the really leaves the strongest impression itol that there are over 677 works of

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9330 CONGRESSIONAL RECORD — SENATE September 15, 1997 art, including portraits, major paint- bill. Given the current climate, work- reform, provides appropriate funding ings, statutes, reliefs, frescoes, murals, ing toward a balanced budget, which I levels, and maintains our commitment sculptures, and other miscellaneous support, we need to provide a realistic to the arts. items. authorization level for the NEA. I of- It is my hope that the work of the The National Endowment for the fered an amendment to reduce author- committee will be recognized and in- Arts and the National Endowment for ization level for the NEA from $175 to corporated in the final legislation the Humanities were founded some 30 $105 million, which was successful. funding these agencies. years ago with the passage of the Na- Granted, I recognize that permanent One thing that this debate makes tional Foundation on the Arts and Hu- reauthorization of these agencies is un- clear is the need for a thorough revamp manities Act of 1965. Since their incep- likely at best. But we must be real- of this process. I would support funding tion, the NEA and the NEH have fund- istic. for 1 more year with the commitment ed numerous museums, symphonies, I am pleased that the Appropriations to evaluate, through hearings before and projects of historical and cultural Committee has likewise come to a the Labor Committee, appropriate pol- significance. similar level of funding. icy changes. It is my hope that a com- In my State, the economic wealth of Second, I stated that the NEA’s advi- prehensive review of Federal funding of Virginia has been the beneficiary of sory panels need to be more geographi- the arts and the proposed alter- many of those contributions. cally representative. Currently, mem- natives—several of which have been of- In addition, the NEA and NEH grants bership on the panels is concentrated fered on the floor—will resolve this an- served as a catalyst for organizations in two States: New York and Cali- nual debate. The United States is the world’s lead- by assisting them in fundraising efforts fornia. Again, I offered an amendment ing economic and military superpower, in their own communities. to ensure that no more than 10 percent and as we enter the second millennium, How often have I attended these of panel members were from one State. I believe we have a special obligation events. And the fact that the National We need to ensure that America’s geo- to ensure that the arts are not ne- Endowment for the Arts in Wash- graphic diversity is represented on glected. ington, DC, recognizes that this par- these panels, for it is they who deter- Mr. President, we are approaching ticular entity in Virginia is eligible for mine which works are funded. the millennium. It would be tragic, I a grant has enabled them to raise addi- Finally, I remain convinced that ad- think, for the United States of America tional funds. It is a force multiplier in ministrative costs must be limited. to begin to celebrate the millennium the all-important work of raising pri- Every dollar saved on administrative having abandoned public support for vate contributions. costs is another dollar available for the arts and, yet, we in the Capitol will Have the NEA and the National En- grantmaking activities. This panel rec- still remain in this magnificent set of dowment for the Humanities made mis- ognized that fact last Congress, when it buildings containing this magnificent takes? Oh, yes, Mr. President, very, favorably reported a reauthorization art, which were contributions of pre- very serious errors in judgment and bill with a 12-percent cap on adminis- vious generations. mistakes. But show me any other de- trative expenses. We need to get to I yield the floor. partment or agency of the Federal Gov- that level. I outline these points sim- The PRESIDING OFFICER. The Sen- ernment that has not likewise made se- ply to illustrate that the reported ator from Wyoming. rious mistakes in the course of their measure, represents, in my view, a bal- Mr. ENZI. Mr. President, I ask unani- history. We learn by our mistakes. I anced, thoughtful approach to the di- mous consent to be recognized to speak was here at the time a very serious lemma of the NEA. As I said, at the as in morning business. problem arose with the National En- hearing before the Labor Committee The PRESIDING OFFICER. Without dowment, and I say to my good friend nearly 2 months ago, I want to express objection, it is so ordered. from North Carolina—and I am privi- my support for the arts and the main- Mr. ENZI. Mr. President, I thank the leged to sit in front of his desk, a dear tenance of a national presence. But I Chair. and valued friend—how properly he also wish to express my strong support (The remarks of Mr. ENZI pertaining to the introduction of Senate Resolu- brought that to the attention of the for a thorough review of the agency tion 122 are located in today’s RECORD American people. That was a serious policy. under ‘‘Statements on Introduced Bills example. But I am convinced we have The Labor and Human Resources and Joint Resolutions.’’) learned from these mistakes, and they Committee put forth a bipartisan con- shall not be repeated. Fundamental sensus predicted on the hearing and THE BUREAU OF INDIAN AFFAIRS Mr. BENNETT. Mr. President, with change, nevertheless, is needed, Mr. amendment process. The framework of all of the discussions that have oc- President. S. 1020 represents a solid basis for han- curred in recent weeks regarding the In July, the Senate Labor and Human dling these issues on this bill. I hope Bureau of Indian Affairs [BIA], it Resources Committee, of which I am that the leaders of both committees of seems that every year about this time, privileged to be a member, had the op- jurisdiction can set forth a consensus we in Congress scratch our heads and portunity to review, mark up and re- that builds on the work done in the wring our hands over how to improve port legislation reauthorizing the NEA Labor Committee and can come to- efficiency with this most cumbersome and the NEH. gether and craft a measure to be put in of Federal bureaucracies. I want to This measure, the Arts and Human- this bill that reflects and takes into share with my colleagues an experience ities Amendments of 1997 (S. 1020) consideration, I think, the very con- that one of my constituents recently makes progress toward the structural structive considerations that have been had with the BIA. It deals with Hodges, reforms many of us believe need to be offered by many of my colleagues this Inc., a small construction firm with made. It focuses the mission of the afternoon, and can put together a home offices in Sandy, UT. This is a agencies, while broadening the popu- framework predicated on the founda- case with a long and complicated his- lations served. It reduces bureaucracy, tion set in S. 1020. tory, but I want my colleagues to have while increasing accountability. And it I understood the desire to report a better understanding of what it is sets in motion a process by which a from the Senate Labor Committee and like for a small contractor to conduct true endowment can be established. from the Senate the most favorable bill business with the BIA. This reauthorization bill represents possible from the agencies’ perspective. On June 20, 1994, the BIA awarded to the bipartisan work of the committee However, presenting the most realistic Hodges, Inc., a contract for the renova- with jurisdiction. During markup, measure possible will ensure that our tion of the Taos Pueblo Day School in there were three areas of the measure priorities are preserved. New Mexico, in the amount of $649,541. that I believed merited the commit- As a new member of the Senate According to this agreement, the ren- tee’s attention. I put forth three Labor and Human Resources, I was ovation work was to have been com- amendments, all of them being adopt- pleased to work with Chairman JEF- pleted within 120 days from July 5, 1994. ed. FORDS and other members of the com- The first problem occurred when the First, I expressed concern with the mittee to craft this proposal. This architect of the project was also se- authorization levels contained in this measure meets the need for structural lected to be the contracting officer’s

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9331 representative [COR] creating several the contract, Hodges, Inc., appealed the how funding formulas are changed, fail- built-in conflicts of interest. When termination for default to the Interior ure to force BIA to improve efficiency Hodges, Inc., the primary contractor, Board of Contract Appeals [IBCA] on will only hinder efforts to improve con- pointed out several deficiencies in the June 6, 1995. In October, Hodges, Inc., ditions for the tribes. A new funding design, the COR unfortunately inter- filed a complaint with the IBCA alleg- formula administered by an old, ineffi- preted these comments as personal at- ing they were delayed in performing cient, and unresponsive bureaucracy is tacks. Problems escalated as the COR the contract by the BIA’s improper ad- the equivalent of putting new wine in visited the job site only three or four ministration of several contract old bottles. I encourage my colleagues times, and failed to take into account clauses. Hodges, Inc., filed claims to seriously consider the need to re- differing site conditions, changes, and against the BIA in the amounts of structure BIA in addition to the need payment clauses of the contract. The $16,627.39 for improper administration to restructure current funding for- COR never attempted to determine if of payments during contract perform- mulas. the work was satisfactorily completed ance, $82,394.53 in documenting costs THE GRAND STAIRCASE-ESCALANTE NATIONAL at the time of invoice preparation. because of equitable adjustments to MONUMENT Unfortunately, the COR and the con- the contract under the changes clause Mr. BENNETT. Mr. President, as my tracting officer also failed to under- of the contract, and $573,398.28 request- colleagues know nearly a year ago, on stand the significance and importance ing termination for convenience costs. September 18, 1996, President Clinton of issuing change orders to the con- In December, BIA agreed to a termi- announced the creation of the Grand tractor. Numerous incidents occurred nation for convenience rather than the Staircase-Escalante National Monu- during the renovation when change or- termination for default, with an effec- ment under the authority of the Antiq- ders were issued to the contractor, di- tive date of April 6, 1996. On December uities Act, declaring 1.7 million acres recting him to perform a specific repair 12, 1996, the BIA and Hodges, Inc., set- in the State of Utah as a national and to submit a proposal for that work. tled the termination for convenience monument. The majority of the citi- Under the terms of the original con- costs with a payment due to Hodges, zens in southern Utah were understand- tract, Hodges, Inc., had no choice but Inc., in the amount of $495,000.00. Dur- ably distressed that they were left out to perform these tasks as directed and, ing the course of the negotiations the of the designation process. Today, in return, the contracting officer was parties agreed that payment would be those local citizens continue to be to pay the contractor an equitable ad- made by the middle of January 1997, alarmed by the potential negative im- justment, covering any increased costs the because the project was not yet pact this designation may have on and recognize the additional contract completed by the construction con- their counties’ economies. While we performance time as a result of the di- tractor performing on behalf of the may not wish to reverse the Presi- rected change. bonding company, the costs that the dent’s designation, we must ensure However, the BIA did not always bonding company incurred would be that the Grand Staircase-Escalante Na- agree with the invoices submitted by paid directly to them by BIA. tional Monument is sufficiently funded Hodges, Inc., and arbitrarily deter- To almost no one’s surprise, BIA did and managed in a way that ensures the mined the amount it would pay with no not fulfill its obligation of paying by integrity of the public comment proc- attempt to negotiate the payment or mid-January. Only after my office con- ess. understand the nature of the expenses tacted the BIA in behalf of Hodges, I have included specific language in- incurred by the contractor. Inc., and with the oversight of the De- cluded in the committee report accom- Mr. President, competent architects partment of the Interior, were pay- panying H.R. 2107 represents the first and engineers know that renovation of ments made. The first $145,000 payment opportunity we have to appropriate an existing building is frequently far was received on April 2, 1997, a second funds for this monument. I would like more complicated than new construc- $300,000 payment was received on April to express my appreciation to the tion projects. Consequently, extra care 16, 1997, and a third $50,000 payment chairman, Senator SLADE GORTON and should be taken to ensure the accuracy was received on May 6, 1997. All pay- the distinguished ranking member, of the contract documents. The number ments were made well after the con- Senator ROBERT BYRD, for working of complications during renovation of vened date, causing undue hardship on with me to address the immediate the Taos Pueblo Day School that can the contractor who had made arrange- needs of the monument. be traced to defects in the plans and ments with its subcontractors in order The language included in the com- specifications led to significant to clear its own debts. mittee report identifies $6,400,000 in changes to the contract. Singularly, Unfortunately, chapters in this funding for the monument. This these defects might not have been sig- strange saga continue to be written. amount, rather than been consolidated nificant, but the considerable number BIA has denied the contractor claim to in a single line item, has been distrib- of defects hindered the contractor’s recover interest penalties owed them, uted among 20 different subaccounts ability to perform in a timely and cost- and because the bonding company has within the Bureau of Land Manage- efficient manner. not received payment from BIA for ment’s budget under ‘‘Management of Throughout all the performance work beyond the conversion, they have Lands and Resources’’ account. Be- process, there was no sense of urgency been forced to withhold Hodges, Inc.’s cause these funds are appropriated on the part of the BIA in responding to performance and payment bonds with through so many separate budget func- several concerns raised by the con- the Small Business Administration. As tions, it is extremely important that tractor, with delays in answering crit- a result, Hodges, Inc., is limited on the the moneys allocated for the monu- ical correspondence of up to 45 days. size of contracts it can bid, hindering ment be clearly listed in the report by The BIA’s failure to respond to re- its ability to do business. line item, so that funds are not di- quests for clarification or direction in Mr. President, this whole episode has verted to other agency programs. In a timely manner impacted Hodges, escalated the cost of the renovation of order to ensure that sufficient re- Inc.’s ability to perform its contractual the Taos Pueblo Day School from sources are available during this plan- obligation. By September 1994, the an- about $650,000 to $1.1 million—$500,000 ning stage, the report language man- tagonistic relationship between the over the original amount awarded. dates that all of the funds designated BIA and Hodges, Inc., was so strained That is a half a million dollars that in this bill are to be allocated to the as to make any sort of amicable solu- could better be spent improving edu- Utah BLM office and the on-ground tion very difficult. Rather than having cation, law enforcement or housing. field office. I thank the chairman for meaningful discussions to resolve the And we wonder why things don’t seem his help in this matter. differences, the remaining performance to be getting any better for the tribes Mr. President, it is also important period became a nonproductive paper over the years. that Congress provide maximum flexi- war. In the coming days, we will discuss bility at the field office level to utilize The contract was terminated for de- the future of tribal funding. As this de- these funds in most effective way. The fault by the BIA on April 6, 1995. In ac- bate is conducted, I ask my colleagues report language expresses the expecta- cordance with the disputes clause of to also keep in mind that no matter tion that funds will be relocated as

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9332 CONGRESSIONAL RECORD — SENATE September 15, 1997 needed, with an emphasis on the provi- THE VERY BAD DEBT BOXSCORE By Mr. WARNER: sion of visitor services. On this matter, S. 1177. A bill to prohibit the exhibition of Mr. HELMS. Mr. President, at the B–2 and F–117 aircraft in public air shows not the committee directs the BLM to close of business Friday, September 12, work cooperatively with Kane and Gar- sponsored by the Armed Forces; to the Com- 1997, the Federal debt stood at mittee on Armed Services. field Counties and the State of Utah in $5,415,082,668,733.48. (Five trillion, four By Mr. ABRAHAM (for himself, Mr. accommodating the diverse range of hundred fifteen billion, eighty-two mil- KENNEDY, Mr. HATCH, Mr. LEAHY, Mr. visitor expectations. The agency lion, six hundred sixty-eight thousand, MURKOWSKI, Mr. DURBIN, Mr. STE- should look first to the capabilities and seven hundred thirty-three dollars and VENS, Mr. REED, Mr. GORTON, Mr. expertise of local citizens, private and forty-eight cents) INOUYE, and Mr. TORRICELLI): government entities in addressing the S. 1178. A bill to amend the Immigration One year ago, September 12, 1996, the and Nationality Act to extend the visa waiv- issue of safety, access, and mainte- Federal debt stood at $5,216,902,000,000 nance of the areas visited by the pub- er pilot program, and for other purposes; (Five trillion, two hundred sixteen bil- read twice. lic. The two impacted counties have al- lion, nine hundred two million) f ready signed cooperative agreements Twenty-five years ago, September 12, with the BLM outlining the goals, ex- 1972, the Federal debt stood at SUBMISSION OF CONCURRENT AND pectations and deliverables and defin- $436,267,000,000 (Four hundred thirty-six SENATE RESOLUTIONS ing the counties’ participation in the billion, two hundred sixty-seven mil- The following concurrent resolutions planning process. The reports I have re- lion) which reflects a debt increase of ceived of this cooperative effort have and Senate resolutions were read, and nearly $5 trillion—$4,978,815,668,733.48 referred (or acted upon), as indicated: been encouraging. (Four trillion, nine hundred seventy- The committee is appropriating By Mr. ENZI (for himself, Mr. ABRA- eight billion, eight hundred fifteen mil- HAM, Mr. AKAKA, Mr. ALLARD, Mr. ample funds to continue the develop- lion, six hundred sixty-eight thousand, ment of a management plan and allow ASHCROFT, Mr. BENNETT, Mr. BIDEN, seven hundred thirty-three dollars and Mr. BINGAMAN, Mrs. BOXER, Mr. the continuation of the existing coop- forty-eight cents) during the past 25 BREAUX, Mr. BROWNBACK, Mr. BRYAN, erative agreements with Kane and Gar- years. Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, field Counties. However, the committee Mr. CHAFEE, Mr. CLELAND, Mr. COATS, f has expressed that the cooperative re- Ms. COLLINS, Mr. CONRAD, Mr. COVER- lationship must not be limited to the MESSAGES FROM THE PRESIDENT DELL, Mr. CRAIG, Mr. D’AMATO, Mr. management plan, as it has been al- DASCHLE, Mr. DEWINE, Mr. DODD, Mr. Messages from the President of the DOMENICI, Mr. DORGAN, Mr. FAIR- ready expanded to include some short- United States were communicated to range search and rescue and other re- CLOTH, Mr. FEINGOLD, Mrs. FEINSTEIN, the Senate by one of his secretaries. Mr. FORD, Mr. GLENN, Mr. GORTON, lated concerns. Mr. GRAMM, Mr. GRAMS, Mr. GRASS- Mr. President, regarding the ever EXECUTIVE MESSAGES REFERRED As in executive session the Presiding LEY, Mr. GREGG, Mr. HAGEL, Mr. critical matter of schools, President HATCH, Mr. HELMS, Mrs. HUTCHISON, Clinton assured the people of Utah that Officer laid before the Senate messages Mr. HUTCHINSON, Mr. INHOFE, Mr. ‘‘the creation of this monument will from the President of the United JEFFORDS, Mr. KEMPTHORNE, Mr. not come at expense of Utah’s chil- States submitting sundry nominations KENNEDY, Mr. KERRY, Mr. LAUTEN- dren’’ and that once land exchanges which were referred to the appropriate BERG, Mr. LEAHY, Mr. LOTT, Mr. were underway, ‘‘the differences in committees. LUGAR, Mr. MACK, Mr. MCCAIN, Mr. (The nominations received today are MCCONNELL, Ms. MOSELEY-BRAUN, valuation will be resolve in favor of the Mr. MURKOWSKI, Mrs. MURRAY, Mr. school Trust.’’ However, the committee printed at the end of the Senate pro- ceedings.) NICKLES, Mr. REED, Mr. ROBB, Mr. rightly so, has expressed its concern ROBERTS, Mr. ROCKEFELLER, Mr. that the Department of Interior may f ROTH, Mr. SESSIONS, Mr. SHELBY, Mr. SMITH of Oregon, Ms. SNOWE, Mr. be undervaluating school trust lands REPORTS OF COMMITTEES within the monument. We have been SPECTER, Mr. STEVENS, Mr. THOMAS, very specific in our instructions to the The following reports of committees Mr. THURMOND, Mr. TORRICELLI, and BLM that this is unacceptable. were submitted: Mr. WELLSTONE): S. Res. 122. A resolution declaring Sep- By Mr. ROTH, from the Committee on Fi- In closing, I would like again to tember 26, 1997, as ‘‘Austrian-American nance, without amendment: thank my distinguished colleagues, Day’’; to the Committee on the Judiciary. Senators GORTON and BYRD and their S. 343. A bill to authorize the extension of staff for their assistance in forging the nondiscriminatory treatment (most-favored- f nation treatment) to the products of Mon- directives that will guide the BLM and golia (Rept. No. 105–81). STATEMENTS ON INTRODUCED the Department of Interior in the plan- S. 747. A bill to amend trade laws and re- BILLS AND JOINT RESOLUTIONS ning and management of the Grand lated provisions to clarify the designation of By Mr. THOMAS (for himself and Staircase-Escalante National Monu- normal trade relations (Rept. No. 105–82). Mr. CRAIG): ment in the next fiscal year. f S. 1176. A bill to guarantee that Fed- Mr. President, I suggest the absence eral agencies indentify State agencies of a quorum. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS and counties as cooperating agencies The PRESIDING OFFICER. The when fulfilling their environmental clerk will call the roll. The following bills and joint resolu- planning responsibilites under the Na- The legislative clerk proceeded to tions were introduced, read the first tional Environmental Policy Act; to call the roll. and second time by unanimous con- the Committee on Environment and Mr. BENNETT. Mr. President, I ask sent, and referred as indicated: Public Works. unanimous consent that the order for By Mr. LAUTENBERG (for himself and THE STATE AND LOCAL GOVERNMENT the quorum call be rescinded. Mr. TORRICELLI): PARTICIPATION ACT OF 1997 The PRESIDING OFFICER. Without S. 1175. A bill to reauthorize the Delaware Mr. THOMAS. Madam President, I objection, it is so ordered. Water Gap National Recreation Area Citizen Advisory Commission for 10 additional years; come to the floor to introduce a piece f to the Committee on Energy and Natural Re- of legislation which I will submit. It is sources. called the State and Local Participa- MORNING BUSINESS By Mr. THOMAS (for himself and Mr. tion Act of 1997. Mr. BENNETT. Mr. President, I ask CRAIG): What I would like to do, Madam unanimous consent that there now be a S. 1176. A bill to guarantee that Federal President, is to introduce a bill that period for the transaction of morning agencies identify State agencies and coun- would provide for the opportunity for ties as cooperating agencies when fulfilling business with Senators permitted to their environmental planning responsibilites State, local, and county agencies to speak therein for up to 5 minutes each. under the National Environmental Policy participate in the National Environ- The PRESIDING OFFICER. Without Act; to the Committee on Environment and mental Policy Act [NEPA]. This bill is objection, it is so ordered. Public Works. to guarantee that local agencies have

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9333 an opportunity to be identified as co- commission a cooperating agency. And Mr. President, I ask unanimous con- operating agencies in the NEPA proc- they turned to the current law which sent that the text of the bill be printed ess, as it takes place in the various lo- says, basically, ‘‘Prior to making any in the RECORD. cations throughout the country. All of detailed statement, the responsible There being no objection, the bill was us know that NEPA was passed in the Federal official shall consult and ob- ordered to be printed in the RECORD, as late 1960’s, designed to provide for full tain the comments of Federal agencies follows: study before activities are undertaken which have jurisdiction.’’ S. 1176 which affect the environment, and I We are simply suggesting that there Be it enacted by the Senate and House of Rep- support that idea. It has been an inter- be added the words, ‘‘and State and resentatives of the United States of America in esting topic over the years. NEPA, of county agencies.’’ So it would read, Congress assembled, course, is a relatively small, simple ‘‘. . . obtain the comments of Federal SHORT TITLE and State agencies and counties which piece of legislation—less than three SECTION 1. This Act may be cited as the pages, which is unusual in this place, have jurisdiction.’’ We think that is a ‘‘State and Local Government Participation to have a bill that is that short. But reasonable thing to do. I think it is a Act of 1997.’’ fortunately or unfortunately, over the reasonable thing to do. As a matter of SEC. 2. Section 102(2)(C) of the National En- period of the 20 years or more that fact, most people think it is a reason- vironmental Policy Act of 1969 (43 U.S.C. have gone since the introduction and able thing to do. 4332(2)(C)) is amended— passage of this bill, a great many We also had a forest study that is (1) by striking ‘‘any Federal agency which changes have been made, not by now underway, in the Medicine Bow has’’ in the first full sentence after subpara- amendment, not even by regulation, Forest, in Wyoming. I talked to the re- graph (v); and gional forester. And we had another (2) inserting in lieu thereof ‘‘Federal and but in fact by court decisions. So now state agencies, and county governments we have a very complicated, very ex- forest in the Black Hills where the which have’’. pensive, very time-consuming process counties and local people were not that is still designed, as it was origi- made a cooperating agency. So the re- By Mr. WARNER: nally, to make sure that studies are gional director said, ‘‘Yes, this one we S. 1177. A bill to prohibit the exhi- completed, EIS’s are completed—envi- will.’’ Unfortunately, when it came to bition of B–2 and F–117 aircraft in pub- ronmental impact statements or envi- it, they didn’t. And they put them in, lic air shows not sponsored by the ronmental assessments, whichever is in some other category, but not as a Armed Forces; to the Committee on appropriate. I support that idea. But cooperating agency. And as a cooper- Armed Services. we have been very involved, in our ating agency you can participate with THE PUBLIC AIR SHOW EXHIBITION PROHIBITION committee, Energy and Natural Re- the Federal agencies, put your com- ACT OF 1997 sources—been very involved in my ments in the report rather than just Mr. WARNER. Madam President, I State of Wyoming in the use of NEPA submitting them as any other citizen. am going to momentarily send a bill to to provide for mineral exploration, to So that is basically what we do with the desk which will prohibit the use of provide for roads in the public areas, to this legislation. It is designed to pro- F–117 aircraft and B–2 aircraft in public provide for grazing, to provide for the vide for greater input of State and shows. number of uses that take place on pub- local governments in the NEPA proc- Madam President, I was stunned to lic lands. ess. This measure will be known as the learn last night of this tragic accident, As you can imagine, when you have a State and Local Government Participa- and in no way does my action reflect State that is 50 percent public lands, tion Act of 1997. It will simply guar- any discredit on the pilot or in any these kinds of processes are particu- antee that States and counties are way prejudge the outcome of this trag- larly important. We want to maintain given an opportunity to participate, ic accident. Indeed, there are facts at them. We want to strengthen them, in and participate in the decisions that this moment which indicate this pilot fact. After 20 years of experience, there affect the areas over which they have took a risk of life to possibly avoid a are some things that we can change. So jurisdiction, whether it be in New greater degree of risk to others. As I NEPA was designed to ensure the envi- York, whether it be in Wyoming, listened to that report, I thought back ronmental impacts of proposed actions whether it be in Texas. to my own experience in Korea in 1951. are considered and minimized by the Madam President, I would like also My commanding officer—I remember Federal agency that is responsible for to have unanimous consent that Sen- him very well—Lt. Col. Al Gordon, U.S. taking the action. ator CRAIG, from Idaho, be listed also It is also designed to provide for ade- as a sponsor. Marine Corps, took off in his AD–1 quate public participation in that deci- The PRESIDING OFFICER. Without bomber, and he experienced fire over a sion, in the decision process that is un- objection, it is so ordered. community. He stayed with his aircraft dertaken by the Federal agencies. This Mr. THOMAS. I thank the Chair very in order to avoid that aircraft going sounds pretty simple. As a matter of much for the time. I certainly urge my into a community, and as a con- fact, it sounds pretty basic and reason- associates in the Senate to take a look sequence it lost altitude. When he fi- able. And it is. Unfortunately, the reg- at this opportunity to provide for one nally bailed out, there was insufficient ulations—have caused it to be some- of the things that we talk about as distance between the aircraft and the thing other than simple. much as anything in this Senate, and ground. His chute streamed and he lost For example, we had the question of that is providing local input into the his life. I remember it so well because exploring for gas in an area north of decisions that are made by the Federal I was detailed to go out into the moun- Casper, WY—a relatively small area. It Government. Let me tell you, that is tains and collect that brave officer. would have made a great deal of dif- particularly important to those of us I believe that we as a nation should ference to that county in terms of em- from the West—Idaho, Nevada. In Ne- not be using this type of military asset ployment, a great deal of difference to vada, some 80 percent of the land in Ne- in this type of show. This airplane, on that county in terms of tax base and vada belongs to the Federal Govern- a unit program cost, costs the tax- all the things that affect a community. ment. So the decisions that are made payers $100 million a copy. We only So the county commissioners felt as if on Federal lands by Federal agencies have 53 remaining, and they are needed they ought to be a part of this process, have a tremendous impact on the fu- for special missions in the national se- and I certainly agreed with them. They ture of those States and the future of curity interests of this country. I just had more knowledge about that than the economy, and on the future of citi- do not believe that type of asset can be any other agency, they had more car- zens. It is my belief, and the belief of put at this type of risk. The B–2 bomb- ing about that than any other agency, many others, that local governments, er is $2 billion a copy. yet this area was in their county so the people that have been elected from Madam President, I stand with some they also cared, of course, equally as these areas, should be participating, embarrassment because I realize my of- much about taking care of the environ- cooperating agencies in the determina- fice and others are besieged with re- ment and the natural resources. tion of the NEPA arrangement. We quests from communities and constitu- Unfortunately the BLM, in this in- think that is what this bill will do and ents to provide these aircraft for air stance, would not make this county we certainly urge support for it. shows. The aircraft do enhance an air

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9334 CONGRESSIONAL RECORD — SENATE September 15, 1997 show a great deal, but I feel it is a mat- sure that aliens admitted under the mining whether a country should be ter of principle that this Nation cannot program are generally low risk and will placed on probation or terminated from subject that costly an aircraft, one not overstay their authorized period of the program. We need to take imme- that is essential to the performance of stay in the United States. diate action to correct these failings specialized missions, in this type of cir- Mr. President, this program has prov- and require INS to carry out its re- cumstance. As a result, I will submit en a great success. It has significantly sponsibilities. this bill. Further, I am going to con- furthered international travel and Mr. President, on July 17 I held a sider this issue in the course of the tourism. Nonetheless, I believe the pro- subcommittee hearing to examine this conference between the House and the gram’s authorizing statute can be im- program. In addition to learning about Senate on the 1998 authorization bill. It proved in a number of ways to address weaknesses in the INS’s monitoring of will undoubtedly provoke some com- administrative failings and, more gen- visa overstayers, we also learned that, ment which I will listen to very care- erally, some of our Nation’s very seri- in the view of many nations, the visa fully. I just wanted to express the ous illegal immigration problems. refusal rates countries must meet to heartfelt feelings of one Senator that For instance, under the program, any gain admission to the program are set we have to look more carefully at the country designated a Visa Waiver Pro- too low given the somewhat subjective use of these very costly systems in con- gram participant may be placed in pro- nature of the visa awards process. nection with public air shows such as bationary status if it does not main- Since the program’s inception, efforts this. tain a low disqualification rate and to modify numerical criteria have con- I yield the floor and thank my col- may eventually be removed from the tinually resurfaced. Some narrow ef- leagues. program. The disqualification rate rep- forts have been successful for a time, resents the percentage of nationals but none have resolved the issue on a By Mr. ABRAHAM (for himself, from a particular country who applied more permanent basis. Rather than Mr. KENNEDY, Mr. HATCH, Mr. for admission to the United States. at have any sort of special probationary LEAHY, Mr. MURKOWSKI, Mr. a port of entry as non-immigrants and status reappear from time to time or DURBIN, Mr. STEVENS, Mr. who violated the terms of their non- create any special status for particular REED, Mr. GORTON, Mr. INOUYE immigrant visas, were excluded from countries, in my view it is better to set and Mr. TORRICELLI): admission upon trying to enter or these criteria at a more fair level once S. 1178. A bill to amend the Immigra- withdrew their applications for admis- and for all and to apply the require- tion and Nationality Act to extend the sion. But, due to problems in the ad- ments of the Visa Waiver Pilot Pro- visa waiver pilot program, and for ministration of the program, no coun- gram rigorously to newly admitted other purposes; read twice. try has ever been removed from the countries and to countries already in THE VISA WAIVER PILOT PROGRAM program, and countries’ continuing eli- the program. REAUTHORIZATION ACT OF 1997 gibilities have not even been assessed. This legislation addresses the prob- Mr. ABRAHAM. Mr. President, today What can we do to improve this situ- lem of numerical criteria by slightly I am introducing legislation that would ation? First, we simply must improve broadening potential eligibility for the reauthorize the current Visa Waiver the current abysmal record of track- Visa Waiver Program. At the same Pilot Program, which is scheduled to ing—and even counting—visa over- time, this legislation contains three expire on September 30, 1997. Senator stayers. Estimates released earlier this provisions tightening the program, KENNEDY has joined me in developing year by the INS put the number of ille- along with a provision improving ad- this reauthorizing legislation, and I am gal aliens in the United States at 5 mil- ministration and one extending the pleased to be introducing it with him. lion; 41 percent of these illegal aliens program for 5 years. I am also pleased to have Senators entered the United States legally but HATCH, LEAHY, MURKOWSKI, DURBIN, overstayed their authorized period of Allow me to be specific: STEVENS, REED, GORTON, INOUYE and stay. First: The bill would modify the re- TORRICELLI as original cosponsors. Moreover, we recently learned that fusal rate countries must meet to be el- The Visa Waiver Pilot Program per- the INS cannot even accurately assess igible for the Visa Waiver Pilot Pro- mits aliens from designated countries overall numbers of those who enter le- gram. Under current law, 8 U.S.C. to enter the United States as tem- gally and overstay, despite the current 1187(c), in order to be eligible for pilot porary visitors for up to 90 days with a use of an entry-exit matching system program status, a country must have a passport, but without the additional through the I–94 cards. The current low nonimmigrant visa refusal rate of 2 visa that normally would also be re- paper-based entry-exit control system percent per year on average over the quired to enter our country. The pro- relies on a card, the I–94 form, half of previous 2 fiscal years, and its refusal gram became effective in 1988, and was which is collected upon entry and the rate must not exceed 2.5 percent in ei- originally limited to eight countries other half of which is collected by the ther year. The refusal rate is the per- and for a duration of three years. airline or other carrier on exit. Ideally, centage of nonimmigrant visa applica- Twenty-five countries now participate, the INS then would match up the two tions that are rejected at U.S. Embas- and the program’s authorizing statute halves of the card. This system should sies and consulates overseas. Our legis- has been amended and extended five permit the INS to identify individual lation would change those numbers to 3 times—a clear tribute to the program’s overstayers. Yet the INS has used it percent and 3.5 percent, respectively. success. Last year’s immigration re- only to collect aggregate numbers of Our goal here in changing the num- form law, the Illegal Immigration Re- overstayers. Even for that limited pur- bers should not be to guarantee that form and Immigrant Responsibility pose the system has failed. We recently any particular countries will be admit- Act of 1996, extended the Visa Waiver learned that INS data based on the I– ted into the program or to increase Pilot Program through September 30, 94’s has been virtually unusable since participation generally for its own 1997. The program was extended for 1992. sake. Rather, we should seek to make only 1 year so that we could consider The inspector general of the Depart- the criteria more fair and as a whole related issues in more detail and apart ment of Justice recently issued an more reflective of reasons for which a from the multitude of immigration alarming report on the subject of non- country should be entitled to visa issues Congress was considering last immigrant visa overstayers. In that re- waiver status. A number of witnesses year. port, which was issued on September 4, testified at our hearing that the Re- Visa waiver countries are now se- the inspector general found that INS’s public of Korea—commonly referred to lected by the Attorney General in con- primary information system on non- as South Korea, should be admitted to sultation with the Secretary of State, immigrants, is not producing reliable the program. While I am confident that a change that was instituted through overstay data, either in the aggregate, South Korea will eventually be admit- last year’s immigration reform law. In or on individual nonimmigrants, and ted to the Visa Waiver Pilot Program, order to be eligible for the program, noted that INS is unable to perform its I should note that, since South Korea’s countries must meet a number of stat- responsibilities for monitoring the Visa refusal rate numbers may exceed 3 per- utory requirements, which aim to en- Waiver Pilot Program, including deter- cent for the current fiscal year, South

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9335 Korea may not be eligible for admis- The proposed bill would also extend The Secretary is given this role be- sion to the Visa Waiver Pilot Program this requirement to countries already cause she compiles the refusal rates immediately. in the program. Despite the require- and is in a better position to assess a Mr. President, increasing the refusal ment in current law that countries at country’s passport program than the rate numerical cutoffs from 2 percent/ least be developing machine-readable Attorney General. Once countries are 2.5 percent to 3 percent/3.5 percent will passport programs, there is no require- admitted to the program, however, the not have a dramatic effect on the num- ment that they follow through. Like- Attorney General would play the lead ber of countries eligible for the Visa wise, there has been no follow-up by agency role in determining whether a Waiver Pilot Program. Fourteen coun- the State Department to ensure that country will remain in the program or tries meet the current refusal rate cri- they eventually meet the requirement. be placed on probation for having ex- teria but have not been admitted to the For countries in the program as of Sep- cessive overstay and disqualification program for other reasons. Four oth- tember 30, 1997, the bill provides that rates. This is in keeping with the At- ers—Botswana, Chile, Greece, and the Attorney General may not redesig- torney General’s responsibility for de- South Korea, do not meet the current nate a country as a pilot program termining these figures and over aliens criteria, but may meet a modified cut- country unless the country certifies once they arrive at a port of entry to off of 3 percent/3.5 percent, depending that it has issued or will issue as of a the United States. on what happens with their FY97 num- date certain machine-readable and Finally, the proposed bill includes a bers. Changing the numerical cutoff by highly fraud-resistant passports and 5-year extension of the Visa Waiver 1 percent would thus mean that 18 unless the country subsequently com- Pilot Program, setting an expiration rather than 14 countries not admitted plies with any such certification com- date of September 30, 2002. to the Visa Waiver Pilot Program mitments. might now meet the refusal rate cri- Fourth, this legislation links expan- Mr. President, I urge my colleagues teria. Of those four additional coun- sion of Visa Waiver Pilot Program with to support the extension of this impor- tries, only South Korea is likely to INS development of an automated tant program in conjunction with the meet other program requirements in entry-exit control system. The illegal changes that Senator KENNEDY and I the near future. immigration reform bill requires the have developed. This legislation will The second reform in this legislation Attorney General to develop, by Sep- rationalize an important program that will improve reporting of visa over- tember 30, 1998, an automated entry- has brought significant benefits to our stayer numbers and disqualification exit control system that will match ar- Nation, while instituting important rates. Current law provides that coun- rival and departure records and make safeguards to protect that program’s tries can be removed from the Visa possible identification of individual integrity. Waiver Pilot Program if their visa aliens who overstay their visas. INS in- I ask unanimous consent that the overstay and disqualification rates— dicates that they will have this system full text of the bill be printed in the i.e., the rate of those turned away at up and running on time for ports of RECORD. ports of entry as inadmissible, exceed 2 entry other than our land borders. To There being no objection, the bill was percent of those seeking admission as ensure that the Visa Waiver Pilot Pro- ordered to be printed in the RECORD, as nonimmigrants under the Visa Waiver gram will not be expanded before INS follows: Pilot Program. Yet the INS has pro- complies with those requirements—and duced no data on overstay numbers to add some incentive for them to do S. 1178 since 1992 and has accordingly been un- so—the Abraham-Kennedy bill would Be it enacted by the Senate and House of Rep- able to fulfill its statutory duties. require that no new country be admit- resentatives of the United States of America in To address this serious shortcoming ted to the program until 30 days after Congress assembled, in administration of the Visa Waiver the Attorney General certifies to Con- SECTION 1. SHORT TITLE. Pilot Program, the bill would require gress that the automated entry-exit This Act may be cited as the ‘‘Visa Waiver that the Attorney General: First, make control system mandated by the illegal Pilot Program Reauthorization Act of 1997’’. precise numerical estimates for each immigration reform law is operational SEC. 2. AMENDMENT OF THE IMMIGRATION AND pilot program country of that coun- at all ports of entry excluding the land NATIONALITY ACT. try’s visa overstay and disqualification borders. I note that there may be some (a) DESIGNATION OF PILOT PROGRAM COUN- rates, and second, report those esti- question as to whether last year’s law TRIES.—Section 217(c) of the Immigration mates to Congress within 30 days after intended to have the automated entry- and Nationality Act (8 U.S.C. 1187(c)) is the end of each fiscal year. In addition, exit control system apply to the land amended to read as follows: for any new country to be admitted borders, and I will be working sepa- ‘‘(c) DESIGNATION OF PILOT PROGRAM COUN- under the slightly revised refusal rate rately to clarify that Congress in- TRIES.— criteria, the Attorney General would tended the provision to apply only to ‘‘(1) IN GENERAL.—The Secretary of State, have to certify that the country’s visa entry and exit at ports of entry exclud- in consultation with the Attorney General, overstay and disqualification rates had ing the land borders. may designate any country as a pilot pro- been within the statutory limits. Fifth, this legislation provides modi- gram country if it meets the requirements of Third, this legislation provides for fied roles for the Secretary of State paragraph (2). In order to remain a pilot pro- gram country in any subsequent fiscal year, enhanced passport security require- and Attorney General to reflect their a country shall be redesignated as a pilot ments. Under current program require- respective Agency’s expertise. Last program country by the Attorney General in ments, a country may not be admitted year’s immigration reform law also al- accordance with the requirements of para- to the Visa Waiver Pilot Program un- tered the relationship between the Sec- graph (3). less it certifies that it has or is in the retary of State and the Attorney Gen- ‘‘(2) QUALIFICATIONS.—The Secretary of process of developing a program to eral with respect to decisions under the State may not designate a country as a pilot issue machine-readable passports to its Visa Waiver Pilot Program. That pro- program country unless the following re- citizens. At the subcommittee hearing gram previously provided that relevant quirements are met: ‘‘(A) LOW NONIMMIGRANT VISA REFUSAL we held on this issue in July, the INS determinations would be made jointly RATE FOR PREVIOUS 2-YEAR PERIOD.—The aver- suggested that participant countries by the Secretary and the Attorney age number of refusals of nonimmigrant vis- also be required to issue fraud resistant General. The illegal immigration bill itor visas for nationals of that country dur- passports. This legislation actually provided that such determinations are ing the two previous full fiscal years was less builds on the INS’s proposed require- to be made by the Attorney General in than 3.0 percent of the total number of non- ment. It would require that countries consultation with the Secretary. Under immigrant visitor visas for nationals of that seeking admission to the program issue the Abraham-Kennedy bill, the Sec- country which were granted or refused dur- machine-readable and highly fraud-re- retary, in consultation with the Attor- ing those years. ‘‘(B) LOW NONIMMIGRANT VISA REFUSAL RATE sistant passports. It would no longer be ney General, would have the lead role FOR EACH OF 2 PREVIOUS YEARS.—The average enough for countries to certify that only in terms of initially allowing a number of refusals of nonimmigrant visitor they were moving toward issuing these country into the Visa Waiver Pilot visas for nationals of that country during ei- passports. Program. ther of such two previous full fiscal years

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9336 CONGRESSIONAL RECORD — SENATE September 15, 1997 was less than 3.5 percent of the total number trol system mandated by section 110 of Pub- program will allow Portuguese citizens of nonimmigrant visitor visas for nationals lic Law 104–708. to come to the United States to visit of that country which were granted or re- ‘‘(iii) In the case of a country which was a relatives or conduct trade and business fused during that year. pilot program country in the previous fiscal without facing the often time-con- ‘‘(C) MACHINE-READABLE PASSPORT PRO- year and which was first admitted to the suming task of obtaining a visa. GRAM.—The government of the country cer- visa waiver pilot program prior to Sep- tifies to the Secretary of State’s and the At- tember 30, 1997, the Attorney General may This Visa Waiver Program started as torney General’s satisfaction that it issues not redesignate such country as a pilot pro- a pilot program in 1988 with only one machine-readable and highly fraud-resistant gram country unless the country certifies country, the United Kingdom. Today, passports to its citizens. that it has issued or will issue as of a date it has grown into an important part of ‘‘(D) LAW ENFORCEMENT INTERESTS.—The certain machine-readable and highly fraud- overall U.S. immigration policy. Twen- Attorney General determines that the resistant passports and unless the country ty-five countries now qualify for the United States’ law enforcement interests subsequently complies with any such certifi- program, and it brings significant ben- would not be compromised by the designa- cation commitments. efits to the United States as well as to tion of the country. ‘‘(B) NEW COUNTRIES.—In the case of a country to which the clauses of subpara- visitors from those nations. ‘‘(E) ILLEGAL OVERSTAY AND DISQUALIFICA- Almost half of those who visit the TION.—For any country with an average non- graph (A) do not apply, such country may immigrant visa refusal rate during the pre- not be designated as a pilot program country United States for business or tourism vious two fiscal years of greater than 2 and unless the following requirements are met: now enter under this program. Billions less than 3 percent of the total number of ‘‘(i) LOW NONIMMIGRANT VISA REFUSAL RATE of dollars in international transactions nonimmigrant visitor visas for nationals of IN PREVIOUS 2-YEAR PERIOD.—The average are facilitated by the ease of travel that country which were granted or refused number of refusals of nonimmigrant visitor that it makes available. According to during those years, and for any country with visas for nationals of that country during the Travel Industry Association of the two previous full fiscal years was less an average number of refusals during either America, tourists coming to this coun- such year of greater than 2.5 and less than 3.5 than 3.0 percent of the total number of non- immigrant visitor visas for nationals of that try under the program contribute $84 percent, the Attorney General shall certify billion to the economy and help sup- to the Committees on the Judiciary of the country which were granted or refused dur- Senate and the House of Representatives ing those years. port 947,000 American jobs in the tour- that the sum of— ‘‘(ii) LOW NONIMMIGRANT VISA REFUSAL RATE ist industry. ‘‘(I) the total of the number of nationals of IN EACH OF THE 2 PREVIOUS YEARS.—The aver- The Visa Waiver Program also that country who were excluded from admis- age number of refusals of nonimmigrant vis- strengthens immigration enforcement. sion or withdrew their application for admis- itor visas for nationals of that country dur- Rather than spending tax dollars to sion at a port of entry during such previous ing either of such two previous full fiscal conduct needless visa interviews, the fiscal year as a nonimmigrant visitor, and years was less than 3.5 percent of the total number of nonimmigrant visitor visas for na- program enables us to concentrate ‘‘(II) the total number of nationals for that scarce resources on the serious immi- country who were admitted as nonimmigrant tionals of that country which were granted or refused during that year. gration problems of keeping criminals visitors during such previous fiscal year and ‘‘(4) INITIAL PERIOD.—For purposes of para- and terrorists out and dealing more ef- who violated the terms of such admission, graph (3), the term ‘initial period’ means the fectively with visa fraud. As a result of is less than 2 percent of the total number of period beginning at the end of the 30-day pe- the program, millions of dollars and nationals of that country who applied for ad- riod described in section 2(c)(1) of the Visa mission as nonimmigrant visitors during hundreds of consular personnel have Waiver Pilot Program Reauthorization Act been reallocated to target the most se- such previous fiscal year. of 1997 and ending on the last day of the first ‘‘(3) CONTINUING AND SUBSEQUENT QUALI- fiscal year which begins after such 30-day pe- rious immigration threats. FICATIONS.—The Attorney General, in con- riod.’’. Countries must meet strict criteria sultation with the Secretary of State, shall (b) AUTHORIZED PILOT PROGRAM PERIOD.— before they are eligible to participate assess the continuing and subsequent quali- Section 217(f) of that Act is amended by in the waiver program, in order to pre- fication of countries designated as pilot pro- striking ‘‘September 30, 1997’’ and inserting vent illegal immigration to the United gram countries and shall redesignate coun- ‘‘September 30, 2002’’. States. The Attorney General may can- tries as pilot program countries only if the (c) DEVELOPMENT OF AUTOMATED ENTRY cel a country’s participation at any CONTROL SYSTEM.—(1) As of the date of en- requirements specified in this subsection are time if she believes a waiver com- met. For each fiscal year (within the pilot actment of this Act, no country may be program period) after the initial period the newly designated as a pilot program country promises law enforcement or national following requirements shall apply: until the end of the 30-day period beginning security. ‘‘(A) COUNTRIES PREVIOUSLY DESIGNATED.— on the date that the Attorney General sub- Travelers from participating coun- (i) Except as provided in subsection (g) of mits to the Committees on the Judiciary of tries may come to the United States this section, in the case of a country which the House of Representatives and the Senate without visas, but they still must be was a pilot program country in the previous a certification that the automated entry-exit interviewed by U.S. immigration offi- fiscal year, the Attorney General may not control system described in paragraph (2) is cials at the airport or other points of redesignate such country as a pilot program operational. (2) The automated entry-exit control sys- entry before they are admitted to this country unless the sum of— country. According to INS statistics, ‘‘(I) the total of the number of nationals of tem is the system mandated by section 110 of that country who were excluded from admis- Public Law 104–208 as applied at all ports of few travelers abuse the program to sion or withdrew their application for admis- entry excluding the land borders. enter the United States illegally. INS sion during such previous fiscal year as a Mr. KENNEDY. Mr. President, I am has turned away less than 1 percent of nonimmigrant visitor, and honored to join Senator ABRAHAM, the those seeking entry under the Visa ‘‘(II) the total number of nationals of that chairman of the Immigration Sub- Waiver Program. country who were admitted as nonimmigrant committee, in introducing legislation The bill we introduce today makes a visitors during such previous fiscal year and to extend the Visa Waiver Program for good waiver program even better. It who violated the terms of such admission, 5 additional years. The programs serves builds on the success of the current was less than 2 percent of the total number the Nation well, and deserves to be ex- waivers by establishing a small pilot of nationals of that country who applied for tended. program to enable certain countries admission as nonimmigrant visitors during I am particularly pleased that the that do not currently qualify to par- such previous fiscal year. ‘‘(ii) In the case of a country which was a bill we introduce today would create a ticipate if they meet certain strict re- pilot program country in the previous fiscal pilot program to expand the number of quirements. A precondition for the year, the Attorney General may not redesig- countries able to participate in the pilot program is for INS to develop and nate such country as a pilot program coun- Visa Waiver Program. I am optimistic implement an automated entry-exit try unless the Attorney General has made a that Portugal, for example, will qualify control system. Today, we know who precise numerical estimate of the figures for the waiver program under the legis- comes to America, but we do not al- under clauses (i)(I) and (i)(II) and reports lation which Senator ABRAHAM and I ways know who leaves. We need this in- those figures to the Committees on the Judi- propose today. I have advocated Por- formation in order to track down visi- ciary of the Senate and the House of Rep- resentatives within 30 days after the end of tugal’s inclusion in this program for tors who remain in this country ille- the fiscal year. As of September 30, 1999, any several years because of the close ties gally after their visas expire, and to such estimates shall be based on data col- between the people of Massachusetts ensure that countries are abiding by lected from the automated entry-exit con- and that country. Its inclusion in this the requirements of the program, and

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9337 are not contributing to illegal immi- try and our allies by increasing the re- ward to working closely with both Sen- gration. fusal rates needed to become eligible ators in the future regarding this issue. In order to participate in the new for inclusion into the Visa Waiver Pilot f pilot program, a country must have a Program. The bill also addresses many ADDITIONAL COSPONSORS low visa refusal rate at our consulates of the concerns raised by the Immigra- abroad. Under the normal Visa Waiver tion and Naturalization Service and S. 61 Program, qualifying countries must the Justice Department by including At the request of Mr. LOTT, the name have a refusal rate of less than 2 per- additional safeguards to ensure that of the Senator from Vermont [Mr. JEF- cent over the past 2 years. The Abra- the program is not abused and becomes FORDS] was added as a cosponsor of S. ham-Kennedy pilot program would set a vehicle for illegal immigration. 61, a bill to amend title 46, United the requirement at 3 percent for coun- For instance, in order for a visa waiv- States Code, to extend eligibility for tries to enter the program on a pilot er country to be redesignated as a visa veterans’ burial benefits, funeral bene- basis. In recent times, Portugal’s re- waiver country, under this legislation fits, and related benefits for veterans of fusal rate has been below the 3-percent the Attorney General must make pre- certain service in the United States threshold, so unless Portugal’s refusal cise estimates, based upon data col- merchant marine during World War II. rate rises, I would look forward at long lected from an automated entry-exit S. 219 last to welcoming Portugal into this control system, of the overstay rates of At the request of Mr. LUGAR, his program. each country. If the Attorney General name was added as a cosponsor of S. Mr. President, the Visa Waiver Pro- cannot make an estimate for a coun- 219, a bill to amend the Trade Act of gram works, and I urge Congress to ex- try, that country will lose its privilege 1974 to establish procedures for identi- tend it. I commend Senator ABRAHAM to travel to the United States visa free. fying countries that deny market ac- for offering this timely legislation, and In the past, Congress could not ade- cess for value-added agricultural prod- I am proud to be a sponsor. quately monitor the effectiveness of ucts of the United States. Mr. MURKOWSKI. Mr. President, I the Visa Waiver Pilot Program. With S. 606 rise today to support Senator ABRAHAM the requirements for overstay rates, At the request of Mr. HUTCHINSON, and Senator KENNEDY’s efforts to Congress will have analytical evidence the name of the Senator from Min- amend and reauthorize the Visa Waiver that countries are not abusing this nesota [Mr. GRAMS] was added as a co- Pilot Program [VWPP]. The Visa Waiv- privilege and that the Visa Waiver sponsor of S. 606, a bill to prohibit dis- er Pilot Program has been highly suc- Pilot Program works. Coupled with the crimination in contracting on federally cessful program, freeing up embassy additional safeguards, including the re- funded projects on the basis of certain staff, promoting tourism and trade, quirement for machine readable and labor policies of potential contractors. and fostering closer ties between our highly fraud resistant passports for country and her allies. Chairman countries entering the program, the S. 648 ABRAHAM has made a number of impor- entry-exit control system, already At the request of Mr. GORTON, the tant changes to the VWPP which I be- being implemented by INS, will ensure name of the Senator from Oregon [Mr. lieve will make this program even that the VWPP continues to be suc- SMITH] was added as a cosponsor of S. more successful. The changes include cessful. 648, a bill to establish legal standards tightening controls so that there will I would like to see further changes. and procedures for product liability not be abuse of the program, and ad- For example, changing the reliance on litigation, and for other purposes. justing the admission criteria to in- arbitrary refusal rates decided in many S. 723 clude deserving countries. cases by overworked staff in our em- At the request of Mr. LAUTENBERG, As many of my colleagues know, I bassies and consulate offices abroad. the name of the Senator from New have been a strong advocate of includ- Examples where embassy staff have York [Mr. MOYNIHAN] was added as a ing South Korea in the Visa Waiver mistakingly denied visas, abound. They cosponsor of S. 723, a bill to increase Pilot Program. I believe no other coun- include: the safety of the American people by try, not currently included in the pilot President Kim Young Sam’s sister re- preventing dangerous military fire- program, represents as close an ally as jected the first time she applied for a arms in the control of foreign govern- South Korea. As our fifth largest ex- tourist visa. ments from being imported into the port market, home to 37,000 of our The daughter of the chairman of the United States, and for other purposes. troops, and with an economy larger multibillion-dollar company, Hyundai, S. 781 than all but 5 of the current visa waiv- was rejected for a student visa based on At the request of Mr. HATCH, the er countries, this democratic country insufficient financial resources. name of the Senator from Georgia [Mr. deserves the right to participate in this The son of the president of IBM COVERDELL] was added as a cosponsor program. With a 1996 unemployment Korea was rejected because the con- of S. 781, a bill to establish a uniform rate of 2 percent, lower than all but sular office did not believe the son and more efficient Federal process for one of the VWPP countries, the bur- would be a good student. He had al- protecting property owners’ rights geoning middle class in South Korea ready been accepted in the school in guaranteed by the fifth amendment. should be able to travel to the United the United States. S. 927 States without the cumbersome re- For South Korea, where our United At the request of Ms. SNOWE, the straints associated with citizens trav- States Embassy processes more non- name of the Senator from South Caro- eling from high-risk countries. immigrant visa applications than any lina [Mr. THURMOND] was added as a co- The Abraham legislation is a positive other country in the world, the use of sponsor of S. 927, a bill to reauthorize step, but it is unclear if South Korea the refusal rate automatically puts the Sea Grant Program. will be eligible for the VWPP in the South Korea at a disadvantage. This short term because of the bill’s contin- needs to be corrected. Perhaps with the S. 1066 ued reliance on refusal rates as the de- establishment of a working entry-exit At the request of Mr. WELLSTONE, the fining criteria for admission. However, control system required in this bill, the names of the Senator from Illinois [Ms. under this legislation Korea stands a overstay rate coupled with other objec- MOSELEY-BRAUN], and the Senator from much better chance of becoming eligi- tive criteria can be used to determine Illinois [Mr. DURBIN] were added as co- ble than under current law. For this eligibility. sponsors of S. 1066, a bill to amend the reason and the fact that Senator ABRA- I would like to commend Senator Internal Revenue Code of 1986 to allow HAM and Senator KENNEDY have ABRAHAM and Senator KENNEDY for the alcohol fuels credit to be allocated strengthened the safeguards in the taking such an active role regarding to patrons of a cooperative in certain VWPP, I am supporting this legisla- Korea and the Visa Waiver Pilot Pro- cases. tion. gram. The Subcommittee on Immigra- SENATE JOINT RESOLUTION 6 This bill expands along the concept tion on the Judiciary Committee has At the request of Mr. KYL, the name of promoting tourism and trade and worked closely with my staff to try to of the Senator from New Hampshire fostering closer ties between our coun- accommodate my concerns. I look for- [Mr. SMITH] was added as a cosponsor

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9338 CONGRESSIONAL RECORD — SENATE September 15, 1997 of Senate Joint Resolution 6, a joint the Government of the United States after decent have made to the American way resolution proposing an amendment to World War II; of life in industry, education, govern- the Constitution of the United States Whereas Austrian-Americans have made ment, culture, and the arts. Austrian- important contributions to the American to protect the rights of crime victims. way of life as well as in industry, education, Americans that have earned the Nobel SENATE CONCURRENT RESOLUTION 7 culture, and the arts and sciences; and Prize include Victor Franz Hess in At the request of Mr. SARBANES, the Whereas Austrian born Americans, or physics, Karl Landsteiner in medicine, name of the Senator from South Caro- Americans of Austrian descent, have brought and Friedrich von Hayek in economics. lina [Mr. HOLLINGS] was added as a co- prestige and recognition to the United Austria has produced the likes of sponsor of Senate Concurrent Resolu- States as Nobel laureates in medicine, eco- United States Supreme Court Justices nomics, and the sciences: Now, therefore, be Felix Frankfurter and Earl Warren; the tion 7, a concurrent resolution express- it ing the sense of Congress that Federal Resolved, That the Senate— originator of the Pulitzer Prize, Joseph retirement cost-of-living adjustments (1) declares September 26, 1997, as ‘‘Aus- Pulitzer; John David Hertz, the founder should not be delayed. trian-American Day’’; and of today’s Hertz-Rent-A-Car and the (2) authorizes and requests the President SENATE CONCURRENT RESOLUTION 30 well-known Yellow Cab system; Estee to commend this observance to the citizens Lauder, maker of leading cosmetics; At the request of Mr. HELMS, the of the United States in honor of this momen- and Raoul Fleischman, cofounder of name of the Senator from Pennsyl- tous occasion. the New Yorker magazine and member vania [Mr. SANTORUM] was added as a Mr. ENZI. Mr. President, I rise to of the Fleischman yeast family. cosponsor of Senate Concurrent Reso- join my friend, the Honorable Senator Through the years, Americans have lution 30, a concurrent resolution ex- from Indiana, RICHARD LUGAR, in the also enjoyed the work of those Ameri- pressing the sense of the Congress that submission of a resolution declaring cans of Austrian descent or origin, the Republic of China should be admit- September 26, 1997, Austrian-American such as Fred Astaire, Billy Wilder, and ted to multilateral economic institu- Day. We are also joined by many dis- of course ‘‘The Terminator,’’ Arnold tions, including the International Mon- tinguished colleagues from both sides Schwarzenegger. This is but a small etary Fund and the International Bank of the aisle in support of this measure sample of the names to be found on a for Reconstruction and Development. to commemorate and celebrate the list of famous Austrian-Americans who SENATE CONCURRENT RESOLUTION 38 strong ties that bind the Government have made heartfelt contributions to At the request of Mr. ROTH, the name of Austria and the United States and the legacy of the America they love. of the Senator from Michigan [Mr. our people. This resolution has deep Austria and the United States have ABRAHAM] was added as a cosponsor of meaning to me because of my Austrian shared these common ideals and inter- Senate Concurrent Resolution 38, a roots and heritage. ests, not just in the past 50 years, but concurrent resolution to state the The year 1997 has special significance for nearly two centuries. It is for these sense of the Congress regarding the ob- in the history of Austrian-American re- reasons that I feel it is altogether ap- ligations of the People’s Republic of lations for it marks the 50th anniver- propriate that we recognize not only China under the Joint Declaration and sary of what became known as the the proud people of Austria, but the the Basic Law to ensure that Hong Marshall plan. It was 1947 when Gen. warm and cordial relations that exist Kong remains autonomous, the human George C. Marshall outlined his vision between our two countries at this his- rights of the people of Hong Kong re- of a program to rebuild war-torn Eu- toric time that holds such deep mean- main protected, and the government of rope through a policy of reconciliation ing for both our nations. the Hong Kong SAR is elected demo- and compassion. The Marshall plan f cratically. that was eventually implemented by AMENDMENTS SUBMITTED SENATE RESOLUTION 119 the United States is remembered fond- At the request of Mr. FEINGOLD, the ly by the free nations of Europe for its names of the Senator from Massachu- monumental and generous aid that THE FOOD AND DRUG ADMINIS- setts [Mr. KENNEDY] and the Senator gave the people of these nations hope TRATION MODERNIZATION AND from Vermont [Mr. LEAHY] were added after the most costly war in the his- ACCOUNTABILITY ACT OF 1997 as cosponsors of Senate Resolution 119, tory of the world—hope for freedom PRESCRIPTION DRUG USERS FEE a resolution to express the sense of the and lasting piece. Without the incred- REAUTHORIZATION ACT OF 1997 Senate that the Secretary of Agri- ible vision of General Marshall the de- culture should establish a temporary mocracies of Europe might have floun- emergency minimum milk price that is dered in their rebuilding efforts, cre- HARKIN (AND OTHERS) equitable to all producers nationwide ating an avenue for the expansion of AMENDMENT NO. 1137 and that provides price relief to eco- communism in the midst of the cold (Ordered to lie on the table.) nomically distressed milk producers. war. Marshall’s foresight and the will- Mr. HARKIN (for himself, Mr. HATCH, ingness of the people and the Govern- f Mr. DASCHLE, and Ms. MIKULSKI) sub- ment of the United States to assist all mitted an amendment intended to be SENATE RESOLUTION 122—DECLAR- of free Europe, especially Austria, re- proposed by them to the bill (S. 830) to ING SEPTEMBER 26, 1997 AS AUS- sulted in the growth of stable govern- amend the Federal Food, Drug, and TRIAN-AMERICAN DAY ments in these countries. Cosmetic Act and the Public Health Mr. ENZI submitted the following Austrians have not forgotten the ef- Service Act to improve the regulation resolution; which was referred to the forts of the United States to maintain of food, drugs, devices, and biological Committee on the Judiciary: the unity of their country after World products, and for other purposes; as fol- War II. The United States was instru- S. RES. 122 lows: mental in calling for a conference to be At the appropriate place, insert the fol- Whereas 1997 marks the 50th anniversary of held in Vienna to debate the future of General George C. Marshall’s plan for assist- lowing new section: ing the free countries of Europe in their Austria. On September 26, 1945, this SEC. lll. ESTABLISHMENT OF NATIONAL CEN- post-World War II rebuilding process; conference was convened between the TER FOR COMPLEMENTARY AND AL- Whereas on September 26, 1945, upon the Allies and the representatives of the TERNATIVE MEDICINE. insistence of the United States, a conference nine Austrian Federal States, during (a) IN GENERAL.—Title IV of the Public was held in Vienna by the Allies and the 9 which a treaty was signed that rescued Health Service Act (42 U.S.C. 281 et seq.) is Austrian Federal State Governors, that laid amended— Austria from a fate similar to that of (1) by striking section 404E; and the foundation for the first post-war Aus- the Soviet-occupied European coun- trian government recognized by the United (2) in part E, by amending subpart 4 to read tries and a divided Germany. as follows: States and the other Allied Forces; The resolution I propose today, com- Whereas this treaty saved Austria from ‘‘Subpart 4—National Center for being divided into an East and West, as in memorates the sacrifices Americans Complementary and Alternative Medicine Germany; made for Austria after World War II, as ‘‘SEC. 485C. PURPOSE OF CENTER. Whereas Austrians are thankful for the well as contributions that Austrian im- ‘‘(a) IN GENERAL.—The general purposes of generosity demonstrated by the citizens and migrants and Americans and Austrian the National Center for Complementary and

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9339 Alternative Medicine (in this subpart re- inghouse to facilitate and enhance, through health and preventing chronic disease and ferred to as the ‘Center’) are— the effective dissemination of information, other health-related conditions. ‘‘(1) the conduct and support of basic and knowledge and understanding of alternative ‘‘(2) CERTAIN DUTIES.—The Director of the applied research (including both intramural medical treatment and diagnostic systems Office shall— and extramural research), research training, and disciplines by health professionals, pa- ‘‘(A) conduct and coordinate scientific re- the dissemination of health information, and tients, industry, and the public. search within the National Institutes of other programs, including prevention pro- ‘‘(h) RESEARCH CENTERS.— Health relating to dietary supplements and grams, with respect to identifying, inves- ‘‘(1) IN GENERAL.—The Director of the Cen- the extent to which the use of dietary sup- tigating, and validating complementary and ter, after consultation with the advisory plements can limit or reduce the risk of dis- alternative treatment, prevention, and diag- council for the Center, shall provide support eases such as heart disease, cancer, birth de- nostic systems, modalities, and disciplines; for the development and operation of multi- fects, osteoporosis, cataracts, or prostatism; and purpose centers to conduct research and ‘‘(B) collect and compile the results of sci- ‘‘(2) carrying out the functions specified in other activities described in subsection (a)(1) entific research relating to dietary supple- sections 485D (relating to dietary supple- with respect to complementary and alter- ments, including scientific data from foreign ments). native medical treatment and diagnostic sources or other offices of the Center; ‘‘(C) serve as the principal advisor to the The Center shall be headed by a director, systems, modalities, and disciplines. Secretary and to the Assistant Secretary for who shall be appointed by the Secretary. The ‘‘(2) REQUIREMENTS.—Each center assisted Health and provide advice to the Director of Director of the Center shall report directly under paragraph (1) shall use the facilities of NIH, the Director of the Centers for Disease to the Director of NIH. a single entity, or be formed from a consor- Control and Prevention, and the Commis- ‘‘(b) ADVISORY COUNCIL.—The Secretary tium of cooperating entities, and shall meet sioner of Food and Drugs on issues relating shall establish an advisory council for the such requirements as may be established by to dietary supplements including— Center in accordance with section 406, except the Director of the Center. Each such center ‘‘(i) dietary intake regulations; that the members of the advisory council shall— ‘‘(ii) the safety of dietary supplements; who are not ex officio members shall include ‘‘(A) be established as an independent enti- ‘‘(iii) claims characterizing the relation- one or more practitioners from each of the ty; or ship between dietary supplements and the disciplines and systems with which the Cen- ‘‘(B) be established within or in affiliation prevention of disease or other health-related ter is concerned, and at least 3 individuals with an entity that conducts research or conditions; representing the interests of individual con- training described in subsection (a)(1). ‘‘(iv) claims characterizing the relation- sumers of complementary and alternative ‘‘(3) DURATION OF SUPPORT.—Support of a ship between dietary supplements and the medicine. center under paragraph (1) may be for a pe- maintenance of health; and ‘‘(c) COMPLEMENT TO CONVENTIONAL MEDI- riod not exceeding 5 years. Such period may ‘‘(v) scientific issues arising in connection CINE.—In carrying out subsection (a), the Di- be extended for one or more additional peri- with the labeling and composition of dietary rector of the Center shall, as appropriate, ods not exceeding 5 years if the operations of supplements; study the integration of alternative medical such center have been reviewed by an appro- ‘‘(D) compile a database of scientific re- treatment and diagnostic systems, modali- priate technical and scientific peer review search on dietary supplements and indi- ties, and disciplines into the practice of con- group established by the Director of the Cen- vidual nutrients; and ventional medicine as a complement to such ter and if such group has recommended to ‘‘(E) coordinate funding relating to dietary medicine and into health care delivery sys- the Director that such period should be ex- supplements for the National Institutes of tems in the United States. tended. Health. ‘‘(d) APPROPRIATE SCIENTIFIC EXPERTISE.— ‘‘(i) BIENNIAL REPORT.—The Director of the ‘‘(c) BIENNIAL REPORT.—The Director of the The Director of the Center, after consulta- Center shall prepare biennial reports on the activities carried out or to be carried out by Office shall prepare biennial reports on the tion with the advisory council for the Center activities carried out or to be carried out by and the division of research grants, shall en- the Center, and shall submit each such re- port to the Director of NIH for inclusion in the Office, and shall submit each such report sure that scientists with appropriate exper- to the Director of the Center for inclusion in the biennial report under section 403. tise in research on complementary and alter- the biennial report under section 485C(i). ‘‘(j) AVAILABILITY OF RESOURCES.—After native medicine are incorporated into the re- ‘‘(d) DEFINITION.—For purposes of this sec- view, oversight, and management processes consultation with the Director of the Center, tion, the term ‘dietary supplement’ has the of all research projects and other activities the Director of NIH shall ensure that re- meaning given such term in section 201(ff) of funded by the Center. In carrying out this sources of the National Institutes of Health, the Federal Food, Drug, and Cosmetic Act.’’. subsection, the Director of the Center, as including laboratory and clinical facilities, (b) SAVINGS PROVISIONS.— necessary, may establish review groups with fellowships (including research training fel- (1) NATIONAL CENTER FOR COMPLEMENTARY appropriate scientific expertise. lowship and junior and senior clinical fellow- AND ALTERNATIVE MEDICINE.—All officers and ‘‘(e) EVALUATION OF VARIOUS DISCIPLINES ships), and other resources are sufficiently employees employed in the Office of Alter- AND SYSTEMS.—In carrying out subsection available to enable the Center to appro- native Medicine on the day before the date of (a), the Director of the Center shall identify priately and effectively carry out its duties the enactment of this Act (pursuant to sec- and evaluate alternative medical treatment as described in subsection (a). tion 404E of the Public Health Service Act, and diagnostic modalities in each of the dis- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— as in effect on such day) are transferred to ciplines and systems with which the Center For the purpose of carrying out this subpart, the National Center for Complementary and is concerned, including each discipline and there are authorized to be appropriated such Alternative Medicine. Such transfer does not system in which accreditation, national cer- sums as may be necessary for each of the fis- affect the status of any such officer or em- tification, or a State license is available. cal years 1998 through 2002. Amounts appro- ployee (except to the extent that the amend- ‘‘(f) ENSURING HIGH QUALITY, RIGOROUS SCI- priated under this subsection for fiscal year ments made by subsection (a) affect the au- ENTIFIC REVIEW.—In order to ensure high 1998 are available for obligation through Sep- thority to make appointments to employ- quality, rigorous scientific review of com- tember 30, 2000. Amounts appropriated under ment positions). All funds available on such plementary and alternative medical and di- this subsection for fiscal year 1999 are avail- day for such Office are transferred to such agnostic systems, modalities, and dis- able for obligation through September 30, Center, and the transfer does not affect the ciplines, the Director of the Center shall con- 2000. availability of funds for the purposes for duct or support the following activities: ‘‘SEC. 485D. OFFICE OF DIETARY SUPPLEMENTS. which the funds were appropriated (except ‘‘(1) Outcomes research and investigations. ‘‘(a) IN GENERAL.—There is established that such purposes shall apply with respect ‘‘(2) Epidemiological studies. within the Center an office to be known as to the Center to the same extent and in the ‘‘(3) Health services research. the Office of Dietary Supplements (in this same manner as the purposes applied with ‘‘(4) Basic science research. section referred to as the ‘Office’). The Office respect to the Office). All other legal rights ‘‘(5) Clinical trials. shall be headed by a director, who shall be and duties with respect to the Office are ‘‘(6) Other appropriate research and inves- appointed by the Director of the Center. The transferred to the Center, and continue in ef- tigational activities. Director of the Center shall carry out the fect in accordance with their terms. ‘‘(g) DATA SYSTEM; INFORMATION CLEARING- functions specified in this section acting (2) OFFICE OF DIETARY SUPPLEMENTS.—With HOUSE.— through the Director of the Office. respect to the Office of Dietary Supplements ‘‘(1) DATA SYSTEM.—The Director of the ‘‘(b) DUTIES.— established in section 485D of the Public Center shall establish a bibliographic system ‘‘(1) IN GENERAL.—The Director of the Of- Health Service Act (as added by subsection for the collection, storage, and retrieval of fice shall— (a)), such establishment shall be construed worldwide research relating to complemen- ‘‘(A) expand the activities of the national to constitute a transfer of such Office to the tary and alternative medical treatment and research institutes with respect to the po- National Center for Complementary and Al- diagnostic systems, modalities, and dis- tential role of dietary supplements as a sig- ternative Medicine from the Office of the Di- ciplines. Such a system shall be regularly nificant part of the efforts of the United rector of the National Institutes of Health updated and publicly accessible. States to improve health care; and (in which the Office of Dietary Supplements ‘‘(2) CLEARINGHOUSE.—The Director of the ‘‘(B) promote scientific study of the bene- was located pursuant to section 485C of the Center shall establish an information clear- fits of dietary supplements in maintaining Public Health Service Act, as such section

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9340 CONGRESSIONAL RECORD — SENATE September 15, 1997 was in effect on the day before the date of SEC. ll. NOTIFICATION OF DISCONTINUANCE may consider in determining whether a de- the enactment of this Act). Such transfer OF A LIFE SAVING PRODUCT. vice is substantially equivalent to a predi- does not affect the status of any individual Chapter VII (21 U.S.C. 371 et seq.), as cate device under subparagraph (A)(ii).’’. as an officer or employee in the Office of Die- amended by section 811, is further amended tary Supplements (except to the extent that by adding at the end the following: AMENDMENT NO. 1144 the amendments made by subsection (a) af- ‘‘Subchapter H—Notification of the On page 30, line 16, after the first period, fect the authority to make appointments to Discontinuance of a Life Saving Product insert the following: ‘‘Nothing in the pre- employment positions), does not affect the ‘‘SEC. 781. DISCONTINUANCE OF A LIFE SAVING ceding sentence shall be construed to pro- availability of funds of the Office for the pur- PRODUCT. hibit the Secretary from determining that a poses for which the funds were appropriated, ‘‘(a) IN GENERAL.—A manufacturer that is new device is not substantially equivalent to and does not affect any other rights or duties the sole manufacturer of a drug (including a a predicate device because changes in the with respect to the Office. biological product) or device— technological characteristics of the new de- (c) TECHNICAL AND CONFORMING AMEND- ‘‘(1) that is— vice demonstrate that the device is intended MENTS.—Part A of title IV of the Public ‘‘(A) life supporting; for a different use than the use stated in the Health Service Act (42 U.S.C. 281 et seq.), as ‘‘(B) life sustaining; or labeling of the device.’’. amended by subsection (a), is amended— ‘‘(C) intended for use in the prevention of a AMENDMENT NO. 1145 (1) in section 401(b)(2), by amending sub- debilitating disease or condition; and paragraph (E) to read as follows: ‘‘(2) for which an application has been ap- On page 30, line 16, insert before the first ‘‘(E) The National Center for Complemen- proved under section 505(b), 505(j), or 515(d), period the following: ‘‘If the proposed label- ing is neither false nor misleading’’. tary and Alternative Medicine.’’; and shall notify the Secretary of a discontinu- (2) in section 402, by redesignating sub- ance of the manufacture of the drug or de- AMENDMENT NO. 1146 sections (g) through (k) as subsections (f) vice at least 6 months prior to the date of Strike section 406. through (j), respectively. the discontinuance. ‘‘(b) REDUCTION IN NOTIFICATION PERIOD.— AMENDMENT NO. 1147 DURBIN AMENDMENTS NOS. 1138– On application of a manufacturer, the Sec- Amend section 406 to read as follows: 1141 retary may reduce the notification period re- quired under subsection (a) for the manufac- SEC. 406. LIMITATIONS ON INITIAL CLASSIFICA- (Ordered to lie on the table.) TION DETERMINATIONS. turer if good cause exists for the reduction, Section 510(21 U.S.C. 360) is amended by Mr. DURBIN submitted four amend- such as a situation in which— ments intended to be proposed by him adding at the end the following: ‘‘(1) a public health problem may result ‘‘(m) The Secretary may not withhold a de- to the bill, S. 830, supra; as follows: from continuation of the manufacturing for termination of the initial classification of a AMENDMENT NO. 1138 the 6-month period; device under section 513(f)(1) because of a Strike subsection (c) of section 404 and in- ‘‘(2) a biomaterials shortage prevents the failure to comply with any provision of this sert the following: continuation of the manufacturing for the 6- Act that is unrelated to a substantial month period; (c) RULE OF CONSTRUCTION.—Nothing in equivalence decision, including a failure to this Act or any amendment made by this Act ‘‘(3) a liability problem may exist for the comply with the requirements relating to shall be construed to alter any authority of manufacturer if the manufacturing is contin- good manufacturing practices under section the Secretary of Health and Human Services ued for the 6-month period; 520(f), if such failure is unrelated to a sub- to regulate any tobacco product, or any addi- ‘‘(4) continuation of the manufacturing for stantial equivalence decision.’’. tive or ingredient of a tobacco product. the 6-month period may cause substantial economic hardship for the manufacturer; or AMENDMENT NO. 1148 ‘‘(5) the manufacturer has filed for bank- AMENDMENT NO. 1139 Amend section 406 to read as follows: ruptcy under chapter 7 or 11 of title 11, Strike sections 605 and 606. SEC. 406. LIMITATIONS ON INITIAL CLASSIFICA- United States Code. TION DETERMINATIONS. ‘‘(c) DISTRIBUTION.—To the maximum ex- Section 510 (21 U.S.C. 360) is amended by AMENDMENT NO. 1140 tent practicable, the Secretary shall dis- adding at the end the following: In section 523 of the Federal Food, Drug, tribute information on the discontinuation ‘‘(m) The Secretary may not withhold a de- and Cosmetic Act, as added by section 204, of the drugs and devices described in sub- termination of the initial classification of a strike subsection (b) and insert the fol- section (a) to appropriate physician and pa- device under section 513(f)(1) because of a lowing: tient organizations.’’. failure to comply with any provision of this ‘‘(b) ACCREDITATION.— Act that is unrelated to a substantial ‘‘(1) IN GENERAL.—Within 180 days after the KENNEDY AMENDMENTS NOS. 1142– equivalence decision, including a failure to date of enactment of this section, the Sec- 1155 comply with the requirements relating to retary shall adopt methods of accreditation good manufacturing practices under section that ensure that entities or individuals who (Ordered to lie on the table.) 520(f), unless such failure could result in conduct reviews and make recommendations Mr. KENNEDY submitted 14 amend- harm to human health.’’. under this section are qualified, properly ments intended to be proposed by him trained, knowledgeable about handling con- in the bill, S. 830, supra; as follows: AMENDMENT NO. 1149 fidential documents and information, and Strike section 602. free of conflicts of interest. AMENDMENT NO. 1142 ‘‘(2) STANDARDS.—In adopting the methods Strike section 404. AMENDMENT NO. 1150 of accreditation, the Secretary shall ensure Strike section 602 and insert the following: that the entities and individuals— AMENDMENT NO. 1143 SEC. 602. ENVIRONMENTAL IMPACT REVIEW. ‘‘(A) are subject to— On age 30, strike lines 1 through 16, and in- Chapter VII (21 U.S.C. 371 et seq.), as ‘‘(i) the conflict of interest standards appli- sert the following: amended by section 402, is further amended cable to employees of the Food and Drug Ad- (b) PREMARKET NOTIFICATION.—Section by adding at the end the following: ministration under subparts E, H, and I of 513(i)(1) (21 U.S.C. 360c(i)(1)) is amended by ‘‘SEC. 742. ENVIRONMENTAL IMPACT REVIEW. part 73 of title 45, Code of Federal Regula- adding at the end the following: ‘‘Notwithstanding any other provision of tions (as in effect on January 1, 1996); or ‘‘(C) Whenever the Secretary requests in- law, an environmental impact statement ‘‘(ii) if the standards described in clause (i) formation to demonstrate that the devices prepared in accordance with the regulations would be inappropriate for the entities and with differing technological characteristics published in part 25 of title 21, Code of Fed- individuals, conflict of interest standards de- are substantially equivalent, the Secretary eral Regulations (as in effect on August 31, veloped by the Secretary that are— shall only request information that is nec- 1997) in connection with an action carried ‘‘(I) based on the standards described in essary to make a substantial equivalence de- out under (or a recommendation or report re- clause (i); and termination. In making such a request, the lating to) this Act, shall be considered to ‘‘(II) modified, as appropriate, to apply to Secretary shall consider the least burden- meet the requirements for a detailed state- the entities and individuals; and some means of demonstrating substantial ment under section 102(2)(C) of the National ‘‘(B) are not subject to the conflict of in- equivalence and shall request information Environmental Policy Act of 1969 (42 U.S.C. terest standards under supbart J of such accordingly. 4332(2)(C)).’’. part. ‘‘(D) The determination of the Secretary ‘‘(3) PUBLICATION.—The Secretary shall under this subsection and section 513(f)(1) AMENDMENT NO. 1151 publish the methods of accreditation in the with respect to the intended use of a device On page 26, line 9, strike ‘‘1999’’ and insert Federal Register on the adoption of the shall be based on the intended use included ‘‘2000’’. methods.’’. in the proposed labeling of the device sub- mitted in a report under section 510(k), ex- AMENDMENT NO. 1152 AMENDMENT NO. 1141 cept that nothing in this subparagraph may On page 24, line 19, strike ‘‘is’’ and insert At the end of title VIII, add the following: be construed to limit what the Secretary ‘‘could be’’.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9341

AMENDMENT NO. 1153 (2) PURPOSE.—It is the purpose of this Sec- scientists and health professionals enrolled On page 31, strike lines 13 through 15 and tion to provide for the expansion and coordi- in training programs under paragraph (2)(B). insert the following: ‘‘a major amendment to nation of research regarding Parkinson’s, ‘‘(4) DURATION OF SUPPORT.—Support of a an application.’’. and to improve care and assistance for af- center under this subsection may be for a pe- flicted individuals and their family care- riod not exceeding five years. Such period AMENDMENT NO. 1154 givers. may be extended by the Director of NIH for On page 38, line 12, strike ‘‘120’’ and insert (c) PARKINSON’S RESEARCH.—Part B of title one or more additional periods of not more ‘‘240’’. IV of the public Health Service Act (42 U.S.C. than five years if the operations of such cen- 284 et seq.) is amended by adding at the end ter have been reviewed by an appropriate AMENDMENT NO. 1155 the following: technical and scientific peer review group es- tablished by the Director and if such group On page 43, line 12, strike ‘‘30’’ and insert ‘‘PARKINSON’S DISEASE has recommended to the Director that such ‘‘180’’. ‘‘Sec. 409B. (a) IN GENERAL. —The Director period should be extended. of NIH shall establish a program for the con- ‘‘(d) MORRIS K. UDALL AWARDS FOR EXCEL- duct and support of research and training WELLSTONE AMENDMENTS NOS. LENCE IN PARKINSON’S DISEASE RESEARCH.— 1156–1159 with respect to Parkinson’s disease with The Director of NIH shall establish a grant funding for such program allocated to the ex- program to support investigators with a (Ordered to lie on the table.) tent authorized. Mr. WELLSTONE submitted four proven record of excellence and innovation ‘‘(b) INTER-INSTITUTE COORDINATION.— in Parkinson’s research and who dem- ‘‘(1) IN GENERAL.—The Director of NIH amendments intended to be proposed onstrate potential for significant future shall provide for the coordination of the pro- by him to the bill, S. 830, supra; as fol- breakthroughs in the understanding of the gram established under subsection (a) among lows: pathogenesis, diagnosis, and treatment of all of the national research institutes con- AMENDMENT NO. 1156 Parkinson’s. Grants under this subsection ducting Parkinson’s research. shall be available for a period of not to ex- Strike section 612 and insert the following: ‘‘(2) CONFERENCE.—Coordination under ceed 5 years. SEC. 612. HEALTH CARE ECONOMIC INFORMA- paragraph (1) shall include the convening of TION. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— a research planning conference not less fre- For the purpose of carrying out this section, (a) IN GENERAL.—Section 502(a) (21 U.S.C. quently than once every 2 years. Each such 352(a)) is amended by adding at the end the there are authorized to be appropriated conference shall prepare and submit to the $100,000,000 for fiscal year 1998, and such sums following: ‘‘Health care economic informa- Committee on Appropriations and the Com- tion provided to a formulary committee, or as may be necessary for each of the fiscal mittee on Labor and Human Resources of the years 1999 and 2000.’’. other similar entity, in the course of the Senate and the Committee on Appropria- committee or the entity carrying out its re- tions and the Committee on Commerce of AMENDMENT NO. 1159 sponsibilities for the selection of drugs for the House of Representatives a report con- In section 613, strike subsection (b) and in- managed care or other similar organizations, cerning the conference. sert the following: shall not be considered to be false or mis- ‘‘(c) MORRIS K. UDALL RESEARCH CEN- (b) CIVIL MONEY PENALTIES.—Section leading if the health care economic informa- TERS.— tion directly relates to an indication ap- 303(g)(1) (21 U.S.C. 333(g)(1)) is amended— ‘‘(1) IN GENERAL.—The Director of NIH (1) in subparagraph (A), by inserting ‘‘or a proved under section 505 or 507 or section shall award Core Center Grants to encourage 351(a) of the Public Health Service Act (42 requirement of section 561 that relates to the development of innovative multidisci- conducting post-approval studies for fast U.S.C. 262(a)) for such drug and is based on plinary research and provide training con- competent and reliable scientific evidence. track drugs’’ after ‘‘devices’’; and cerning Parkinson’s. The Director shall (2) by adding at the end the following: The requirements set forth in section 505(a), award not more than 10 Core Center Grants 507, or section 351(a) of the Public Health ‘‘(C) The Secretary may waive the applica- and designate each center funded under such tion of subparagraph (A) to a person who Service Act (42 U.S.C. 262(a)) shall not apply grants as a Morris K. Udall Center for Re- to health care economic information pro- fails to conduct post-approval studies for search on Parkinson’s Disease. fast track drugs, as required in section 561, if vided to such a committee or entity in ac- ‘‘(2) REQUIREMENTS.— cordance with this paragraph. Information the Secretary determines that the failure ‘‘(A) IN GENERAL.—With respect to Parkin- was due to circumstances beyond the control that is relevant to the substantiation of the son’s, each center assisted under this sub- health care economic information presented of the person, or for other good cause.’’. section shall— (c) GUIDANCE.—Within 1 year after the date pursuant to this paragraph shall be made ‘‘(i) use the facilities of a single institution of enactment of this Act, the Secretary of available to the Secretary upon request. In or a consortium of cooperating institutions, Health and Human Services shall issue guid- this paragraph, the term ‘health care eco- and meet such qualifications as may be pre- ance for fast track drugs that describes the nomic information’ means any analysis that scribed by the Director of the NIH; and policies and procedures that pertain to sec- identifies, measures, or compares the eco- ‘‘(ii) conduct basic and clinical research. tion 561 of the Federal Food, Drug, and Cos- nomic consequences, including the costs of ‘‘(B) DISCRETIONARY REQUIREMENTS.—With metic Act. the represented health outcomes, of the use respect to Parkinson’s, each center assisted of a drug to the use of another drug, to an- under this subsection may— other health care intervention, or to no ‘‘(i) conduct training programs for sci- MURRAY AMENDMENTS NOS. 1160– intervention.’’. entists and health professionals; 1161 (b) STUDY AND REPORT.—The Comptroller ‘‘(ii) conduct programs to provide informa- (Ordered to lie on the table.) General of the United States shall conduct a tion and continuing education to health pro- Mrs. MURRAY submitted two study of the implementation of the provi- fessionals; sions added by the amendment made by sub- amendments intended to be proposed ‘‘(iii) conduct programs for the dissemina- by her to the bill, S. 830, supra; as fol- section (a). Not later than 4 years and 6 tion of information to the public; months after the date of enactment of this ‘‘(iv) develop and maintain, where appro- lows: Act, the Comptroller General of the United priate, a bank to collect specimens related AMENDMENT NO. 1160 States shall prepare and submit to Congress to the research and treatment of Parkin- On page 118, strike lines 6 through 10, and a report containing the findings of the study. son’s; insert the following: ‘‘(v) separately or in collaboration with ‘‘(2) would not cause any drug to be in vio- AMENDMENT NO. 1157 other centers, establish a nationwide data lation of any applicable requirement or pro- Strike section 602. system derived from patient populations hibition under Federal law; with Parkinson’s, and where possible, com- ‘‘(3) would not unduly burden interstate AMENDMENT NO. 1158 paring relevant data involving general popu- commerce; or At the appropriate place, insert the fol- lations; ‘‘(4) provides that the label or labeling of a lowing: ‘‘(vi) separately or in collaboration with drug shall include written information, or a SEC. . PARKINSON’S DISEASE RESEARCH. other centers, establish a Parkinson’s Dis- symbol, to warn or educate children and the (a) SHORT TITLE.—This section may be ease Information Clearinghouse to facilitate parents of the children with respect to any cited as the ‘‘Morris K. Udall Parkinson’s and enhance knowledge and understanding of harm that may result from the use of the Research Act of 1997’’. Parkinson’s disease; and drug by the children.’’ (b) FINDINGS AND PURPOSE.— ‘‘(vii) separately or in collaboration with (1) FINDING.—Congress finds that to take other centers, establish a national education AMENDMENT NO. 1161 full advantage of the tremendous potential program that fosters a national focus on Beginning on page 117, strike line 24 and for finding a cure or effective treatment, the Parkinson’s and the care of those with Par- all that follows through page 118, line 10, and Federal investment in Parkinson’s must be kinson’s. insert the following: expanded, as well as the coordination ‘‘(3) STIPENDS REGARDING TRAINING PRO- ‘‘(b) EXEMPTION.— strengthened among the National Institutes GRAMS.—A center may use funds provided ‘‘(1) IN GENERAL.—Upon application of a of Health research institutes. under paragraph (1) to provide stipends for State or political subdivision thereof, the

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9342 CONGRESSIONAL RECORD — SENATE September 15, 1997

Secretary may by regulation, after notice ‘‘(B) TREATMENT OF AN ADDICTION TO ILLE- ‘‘(1) that the application to use the drug and opportunity for written and oral presen- GAL DRUGS.—The term ‘treatment of an ad- for the treatment of addiction to cocaine or tation of views, exempt from subsection (a), diction to illegal drugs’ means any pharma- heroin was filed and approved by the Sec- under such conditions as may be prescribed cological agent or medication that— retary under this Act after the date of enact- in such regulation, a State or political sub- ‘‘(i) reduces the craving for an illegal drug ment of this section; division requirement that— for an individual who— ‘‘(2) that a performance based test on the ‘‘(A) protects an important public interest ‘‘(I) habitually uses the illegal drug in a drug— that would otherwise be unprotected, includ- manner that endangers the public health, ‘‘(A) has been conducted through the use of ing the health and safety of children; safety, or welfare; or a randomly selected test group that received ‘‘(B) would not cause any drug to be in vio- ‘‘(II) is so addicted to the use of the illegal the drug as a treatment and a randomly se- lation of any applicable requirement or pro- drug that the individual is not able to con- lected control group that received a placebo; hibition under Federal law; and trol the addiction through the exercise of and ‘‘(C) would not unduly burden interstate self-control; ‘‘(B) has compared the long term dif- commerce. ‘‘(ii) blocks the behavioral and physio- ferences in the addiction levels of control ‘‘(2) TIMELY ACTION.—The Secretary shall logical effects of an illegal drug for an indi- group participants and test group partici- make a decision on the exemption of a State vidual described in clause (i); pants; or political subdivision requirement under ‘‘(iii) safely serves as a replacement ther- ‘‘(3) that the performance based test con- paragraph (1) not later than 120 days after re- apy for the treatment of drug abuse for an ducted under paragraph (2) demonstrates ceiving the application of the State or polit- individual described in clause (i); that the drug is effective through evidence ical subdivision under paragraph (1).’’ ‘‘(iv) moderates or eliminates the process that— of withdrawal for an individual described in ‘‘(A) a significant number of the partici- BIDEN AMENDMENTS NOS. 1162–1167 clause (i); pants in the test who have an addiction to ‘‘(v) blocks or reverses the toxic effect of cocaine or heroin are willing to take the (Ordered to lie on the table.) an illegal drug on an individual described in drug for the addiction; Mr. BIDEN submitted six amend- clause (i); or ‘‘(B) a significant number of the partici- ments intended to be proposed by him ‘‘(vi) prevents, where possible, the initi- pants in the test who have an addiction to to the bill, S. 830, supra; as follows: ation of drug abuse in individuals at high cocaine or heroin and who were provided the risk. AMENDMENT NO. 1162 drug for the addiction during the test are ‘‘(C) ILLEGAL DRUG.—The term ‘illegal willing to continue taking the drug as long At the appropriate place in title VIII, in- drug’ means a controlled substance identi- as necessary for the treatment of the addic- sert the following: fied under schedules I, II, III, IV, and V in tion; and SEC. . REAUTHORIZATION FOR MEDICATION DE- section 202(c) of the Controlled Substance ‘‘(C) a significant number of the partici- VELOPMENT PROGRAM. Act (21 U.S.C. 812(c)).’’. pants in the test who were provided the drug Section 464P(e) of the Public Health Serv- SEC. 03. PROTECTION FOR DRUGS. for the period of time required for the treat- ice Act (42 U.S.C. 285o–4(e)) is amended to Section 527 of the Federal Food, Drug, and ment of the addiction refrained from the use read as follows: Cosmetic Act (21 U.S.C. 360cc) is amended— of cocaine or heroin for a period of 3 years ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘rare disease or condition’ after the date of the initial administration of There is authorized to be appropriated to each place it appears and inserting ‘‘rare dis- the drug on the participants; and carry out this section such sums as may be ease or condition or for treatment of an ad- ‘‘(4) that the drug shall have a reasonable necessary for each of the fiscal years 1998 diction to illegal drugs’’; cost of production. through 2002 of which the following amount (2) by striking ‘‘such disease or condition’’ ‘‘(c) REVIEW AND PUBLICATION OF CRI- may be appropriated from the Violent Crime each place it appears and inserting ‘‘such TERIA.—The criteria established under sub- Reduction Trust Fund: disease, condition, or treatment of the addic- section (a) shall, prior to the publication and ‘‘(1) $100,000,000 for fiscal year 2001; and tion’’; and application of such criteria, be submitted for ‘‘(2) $100,000,000 for fiscal year 2002.’’. (3) in subsection (b)(1), by striking ‘‘the review to the Committee on the Judiciary disease or condition’’ and inserting ‘‘the dis- and the Committee on Economic and Edu- AMENDMENT NO. 1163 ease, condition, or addiction’’. cational Opportunities of the House of Rep- At the appropriate place insert the fol- SEC. 04. OPEN PROTOCOLS FOR INVESTIGA- resentatives, and the Committee on the Ju- lowing: TIONS OF DRUGS. diciary and the Committee on Labor and TITLE —PATENT PROTECTIONS FOR Section 528 of the Federal Food, Drug, and Human Resources of the Senate. Not later PHARMACOTHERAPIES Cosmetic Act (21 U.S.C. 360dd) is amended— than 90 days after notifying each of the com- SEC. 01. RECOMMENDATION FOR INVESTIGA- (1) by striking ‘‘rare disease or condition’’ mittees, the Secretary shall publish the cri- TION OF DRUGS. and inserting ‘‘rare disease or condition or teria in the Federal Register. Section 525(a) of the Federal Food, Drug, for treatment of an addiction to illegal ‘‘SEC. 572. PURCHASE OF PATENT RIGHTS FOR and Cosmetic Act (21 U.S.C. 360aa(a)) is drugs’’; and DRUG DEVELOPMENT. amended— (2) by striking ‘‘the disease or condition’’ ‘‘(a) APPLICATION.— (1) by striking ‘‘States’’ each place it ap- each place it appears and inserting ‘‘the dis- ‘‘(1) IN GENERAL.—The patent owner of a pears and inserting ‘‘States, or for treatment ease, condition, or addiction’’. drug to treat an addiction to cocaine or her- of an addiction to illegal drugs’’; and oin, may submit an application to the Sec- (2) by striking ‘‘such disease or condition’’ AMENDMENT NO. 1164 retary— each place it appears and inserting ‘‘such At the appropriate place in title VIII, in- ‘‘(A) to enter into a contract with the Sec- disease, condition, or treatment of such ad- sert the following: retary to sell to the Secretary the patent diction’’. SEC. . DEVELOPMENT, MANUFACTURE, AND rights of the owner relating to the drug; or SEC. 02. DESIGNATION OF DRUGS. PROCUREMENT OF DRUGS FOR THE ‘‘(B) in the case in which the drug is ap- Section 526(a) of the Federal, Food, Drug, TREATMENT OF ADDICTION TO ILLE- proved by the Secretary for more than 1 indi- and Cosmetic Act (21 U.S.C. 360bb(a)) is GAL DRUGS. cation, to enter into an exclusive licensing amended— Chapter V (21 U.S.C. 351 et seq.), as amend- agreement with the Secretary for the manu- (1) in paragraph (1)— ed by sections 102 and 613(a), is further facture and distribution of the drug to treat (A) by inserting before the period in the amended by adding at the end the following: an addiction to cocaine or heroin. first sentence the following: ‘‘or for treat- ‘‘Subchapter F—Drugs for Cocaine and ‘‘(2) REQUIREMENTS.—An application de- ment of an addiction to illegal drugs’’; Heroin Addictions scribed in paragraph (1) shall be submitted at (B) in the third sentence, by striking ‘‘rare ‘‘SEC. 571. CRITERIA FOR AN ACCEPTABLE DRUG such time and in such manner, and accom- disease or condition’’ and inserting ‘‘rare dis- TREATMENT FOR COCAINE AND panied by such information, as the Secretary ease or condition, or for treatment of an ad- HEROIN ADDICTIONS. may require. diction to illegal drugs,’’; and ‘‘(a) IN GENERAL.—Subject to subsections ‘‘(b) CONTRACT AND LICENSING AGREE- (C) by striking ‘‘such disease or condition’’ (b) and (c), the Secretary shall, through the MENTS.— each place it appears and inserting ‘‘such Institute of Medicine of the National Acad- ‘‘(1) REQUIREMENTS.—The Secretary may disease, condition, or treatment of such ad- emy of Sciences, establish criteria for an ac- enter into a contract or a licensing agree- diction’’; and ceptable drug for the treatment of an addic- ment with a patent owner who has submitted (2) in paragraph (2)— tion to cocaine and for an acceptable drug an application in accordance with (a) if the (A) by striking ‘‘(2) For’’ and inserting for the treatment of an addiction to heroin. drug covered under the contract or licensing ‘‘(2)(A) For’’; The criteria shall be used by the Secretary agreement meets the criteria established by (B) by striking ‘‘(A) affects’’ and inserting in making a contract, or entering into a li- the Secretary under section 571(a). ‘‘(i) affects’’; censing agreement, under section 572. ‘‘(2) SPECIAL RULE.—The Secretary may (C) by striking ‘‘(B) affects’’ and inserting ‘‘(b) REQUIREMENTS.—The criteria estab- enter into— ‘‘(ii) affects’’; and lished under subsection (a) for a drug shall ‘‘(A) not more than 1 contract or exclusive (D) by adding at the end the following: include requirements— licensing agreement relating to a drug for

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9343 the treatment of an addiction to cocaine; applicable to procurements and licenses cov- At the appropriate place, add the fol- and ered under the plan described in subsection lowing: ‘‘(B) not more than 1 contract or licensing (a). TITLE ll—COMMISSION agreement relating to a drug for the treat- ‘‘(d) REVIEW OF PLAN.— SEC. ll1. ESTABLISHMENT OF COMMISSION. ment of an addiction to heroin. ‘‘(1) IN GENERAL.—Upon completion of the (a) IN GENERAL.—There is established a ‘‘(3) COVERAGE.—A contract or licensing plan under subsection (a), the Secretary Drug and Device Review Advisory Commis- agreement described in subparagraph (A) or shall notify the Committee on the Judiciary sion (referred to in this title as the ‘‘Com- (B) of paragraph (2) shall cover not more and the Committee on Economic and Edu- mission’’), to conduct a study and prepare than 1 drug. cational Opportunities of the House of Rep- recommendations concerning the determina- ‘‘(4) PURCHASE AMOUNT.—Subject to resentatives, and the Committee on the Ju- tions and administrative processes of the amounts provided in advance in appropria- diciary and the Committee on Labor and Food and Drug Administration. tions Acts— Human Resources of the Senate, of the devel- (b) MEMBERSHIP.— ‘‘(A) the amount to be paid to a patent opment of the plan and publish the plan in (1) COMPOSITION.—The Commission shall be owner who has entered into a contract or li- the Federal Register. The Secretary shall composed of 11 members, including— censing agreement under this subsection re- provide an opportunity for public comment (A) 5 individuals appointed by the Presi- lating to a drug to treat an addiction to co- on the plan for a period of not more than 30 dent; caine shall not exceed $100,000,000; and days after the date of the publication of the (B) 3 individuals appointed jointly by the ‘‘(B) the amount to be paid to a patent plan in the Federal Register. President pro tempore of the Senate and the owner who has entered into a contract or li- ‘‘(2) FINAL PLAN.—Not later than 60 days majority and minority leaders of the Senate; censing agreement under this subsection re- after the date of the expiration of the com- and lating to a drug to treat an addiction to her- ment period described in paragraph (1), the (C) 3 individuals appointed jointly by the oin shall not exceed $50,000,000. Secretary shall publish in the Federal Reg- Speaker of the House of Representatives and ‘‘(c) TRANSFER OF RIGHTS UNDER CON- ister a final plan. The implementation of the the majority and minority leaders of the TRACTS AND LICENSING AGREEMENT.— plan shall begin on the date of the final pub- House of Representatives. ‘‘(1) CONTRACTS.—A contract under sub- lication of the plan. (2) QUALIFICATIONS.— section (b)(1) to purchase the patent rights ‘‘(e) CONSTRUCTION.—The development, (A) DRUG AND DEVICE MANUFACTURERS.— relating to a drug to treat cocaine or heroin publication, or implementation of the plan, Two of the members appointed under para- addiction shall transfer to the Secretary— or any other agency action with respect to graph (1)(A), one of the members appointed ‘‘(A) the exclusive right to make, use, or the plan, shall not be considered agency ac- under paragraph (1)(B), and one of the mem- sell the patented drug within the United tion subject to judicial review. bers appointed under paragraph (1)(C), shall States for the term of the patent; ‘‘(f) REGULATIONS.—The Secretary may ‘‘(B) any foreign patent rights held by the promulgate regulations to carry out this sec- be manufacturers of drugs or devices (as such patent owner; tion. terms are defined in section 201 of the Fed- ‘‘(C) any patent rights relating to the proc- eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘SEC. 574. AUTHORIZATION OF APPROPRIATIONS. 321)). ess of manufacturing the drug; and ‘‘There is authorized to be appropriated to (B) MEDICAL PROFESSIONALS.—Two of the ‘‘(D) any trade secret or confidential busi- carry out this subchapter, such sums as may ness information relating to the develop- members appointed under paragraph (1)(A), be necessary in each of the fiscal years 1998 one of the members appointed under para- ment of the drug, process for manufacturing through 2000.’’. the drug, and therapeutic effects of the drug. graph (1)(B), and one of the members ap- pointed under paragraph (1)(C), shall be ‘‘(2) LICENSING AGREEMENTS.—A licensing AMENDMENT NO. 1165 health personnel described in section 792(a) agreement under subsection (b)(1) to pur- At the end of title VIII, add the following: chase an exclusive license relating to manu- of the Public Health Service Act (42 U.S.C. SEC. 8 . AUTHORITY TO RESCHEDULE CERTAIN 295k(a)). facture and distribution of a drug to treat an CONTROLLED SUBSTANCES POSING addiction to cocaine or heroin shall transfer (C) GENERAL PUBLIC.—One of the members IMMINENT HAZARD TO PUBLIC appointed under paragraph (1)(A), one of the to the Secretary— SAFETY. members appointed under paragraph (1)(B), ‘‘(A) the exclusive right to make, use, or Section 201(h) of the Controlled Substances and one of the members appointed under sell the patented drug for the purpose of Act (21 U.S.C. 811(h)) is amended— paragraph (1)(C), shall be members of the treating an addiction to cocaine or heroin (1) in paragraph (1)— within the United States for the term of the (A) by inserting ‘‘, or the rescheduling of a general public. patent; scheduled substance,’’ after ‘‘the scheduling (3) APPOINTMENT.—The members of the ‘‘(B) the right to use any patented proc- of a substance’’; and Commission shall be appointed not later esses relating to manufacturing the drug; (B) by striking ‘‘if the substance is not than 60 days after the date of enactment of and listed in any other schedule in section 202 this Act. ‘‘(C) any trade secret or confidential busi- or’’; and (c) CHAIRPERSON.—The Commission shall ness information relating to the develop- (2) in paragraph (2), by inserting ‘‘or re- select a Chairperson from among its mem- ment of the drug, process for manufacturing scheduling’’ after ‘‘scheduling’’ each place bers. (d) TERM OF OFFICE.— the drug, and therapeutic effects of the drug that term appears. (1) IN GENERAL.—Except as otherwise pro- relating to use of the drug to treat an addic- vided in this subsection, a member of the tion to cocaine or heroin. AMENDMENT NO. 1166 Commission shall be appointed for a term of ‘‘SEC. 573. PLAN FOR MANUFACTURE AND DEVEL- At the end of title VIII, add the following: 5 years. OPMENT. SEC. 8 . CLASSIFICATION OF KETAMINE HYDRO- (2) INITIAL MEMBERS.—Of the members first ‘‘(a) IN GENERAL.—Not later than 90 days CHLORIDE. appointed— after the date on which the Secretary pur- Notwithstanding section 201 or subsection chases the patent rights of a patent owner, (A) 2 shall be appointed for terms of 1 year; (a) or (b) of section 202 of the Controlled Sub- (B) 2 shall be appointed for terms of 2 or enters into a licensing agreement with a stances Act (21 U.S.C. 811, 812(a), 812(b)) re- patent owner, relating to a drug under sec- years; specting the scheduling of controlled sub- (C) 2 shall be appointed for terms of 3 tion 571, the Secretary shall develop a plan stances, the Attorney General shall, by for the manufacture and distribution of the years; order, add ketamine hydrochloride to sched- (D) 2 shall be appointed for terms of 4 drug. ule III of such Act. ‘‘(b) PLAN REQUIREMENTS.—The plan shall years; and set forth— (E) 3 shall be appointed for terms of 5 AMENDMENT NO. 1167 ‘‘(1) procedures for the Secretary to enter years. into licensing agreements with private enti- At the end of title VIII, add the following: (3) SCHEDULE.—The appointing individuals ties for the manufacture and the distribution SEC. 8 . RESCHEDULING OF ROHYPNOL. described in subsection (b)(1) shall jointly of the drug; Notwithstanding section 201 or subsection determine a schedule for the appointment of ‘‘(2) procedures for making the drug avail- (a) or (b) of section 202 of the Controlled Sub- members of the Commission that ensures able to nonprofit entities and private enti- stances Act (21 U.S.C. 811, 812(a), 812(b)) re- that, in any year— ties to use in the treatment of a cocaine or specting the scheduling of controlled sub- (A) no appointing individual appoints more heroin addiction; stances, the Attorney General shall, by than 1 member; and ‘‘(3) a system to establish the sale price for order, transfer flunitrazepam from schedule (B) the appointing individuals appoint not the drug; and IV of such Act to schedule I of such Act. more than 1 member from any class of per- ‘‘(4) policies and procedures with respect to sons described in subparagraph (A), (B), or the use of Federal funds by State and local BREAUX AMENDMENT NO. 1168 (C) of subsection (b)(2). (e) VACANCIES.—Any vacancy occurring in governments or nonprofit entities to pur- (Ordered to lie on the table.) chase the drug from the Secretary. the membership of the Commission shall be ‘‘(c) APPLICABILITY OF PROCUREMENT AND Mr. BREAUX submitted an amend- filled in the same manner as the original ap- LICENSING LAWS.—The procurement and li- ment intended to be proposed by him pointment for the position being vacated. censing laws of the United States shall be to the bill, S. 830, supra; as follows: The vacancy shall not affect the power of the

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9344 CONGRESSIONAL RECORD — SENATE September 15, 1997

remaining members to execute the duties of (b) EXPERTS AND CONSULTANTS.—The Chair- of a food to en electron beam, or to an x-ray the Commission. person of the Commission may obtain such produced from an energy source generated by (f) COMPENSATION AND EXPENSES.— temporary and intermittent services of ex- electricity. (1) COMPENSATION.—Each member of the perts and consultants and compensate the (b) REGULATION.— Commission who is not an employee of the experts and consultants in accordance with (1) IN GENERAL.—Notwithstanding any Federal Government shall receive compensa- section 3109(b) of title 5, United States Code, other provision of this Act, not later than 90 tion at the daily equivalent of the rate speci- as the Commission determines to be nec- days after the date of enactment of this Act, fied for level V of the Executive Schedule essary to carry out the duties of the Com- the Secretary of Health and Human Services under section 5316 of title 5, United States mission. shall issue a final rule amending the regula- Code, for each day the member is engaged in (c) DETAIL OF FEDERAL EMPLOYEES.—On tion issued under the Federal Food, Drug, the performance of duties for the Commis- the request of the Chairperson of the Com- and Cosmetic Act (21 U.S.C. 321 et seq.) relat- sion, including attendance at meetings and mission, the head of any Federal agency ing to labeling requirements applicable to conferences of the Commission, and travel to shall detail, without reimbursement, any of the use of ionizing radiation for the treat- conduct the duties of the Commission. the personnel of the agency to the Commis- ment of food. (2) TRAVEL EXPENSES.—Each member of the sion to assist the Commission in carrying (2) PROVISION.—The amended regulation Commission shall receive travel expenses, in- out its duties. Any detail shall not interrupt shall provide that a food that has been treat- cluding per diem in lieu of subsistence, at or otherwise affect the civil service status or ed by electronic pasteurization and has not rates authorized for employees of agencies privileges of the Federal employee. been irradiated by a radioactive isotope under subchapter I of chapter 57 of title 5, (d) TECHNICAL ASSISTANCE.—On the request source— United States Code, for each day the member of the Chairperson of the Commission, the (A) shall not be considered to violate the is engaged in the performance of duties away head of a Federal agency shall provide such labeling requirements solely because the la- from the home or regular place of business of technical assistance to the Commission as beling and other identifying materials asso- the member. the Commission determines to be necessary ciated with the food fail to identify the food SEC. ll2. STUDY AND REPORT. to carry out its duties. as having been treated with radiation or (a) STUDY.—The Commission shall annu- SEC. ll5. AUTHORIZATION OF APPROPRIA- treated by irradiation; and ally conduct a study of the determinations TIONS. (B) shall be considered to comply with the and administrative processes of the Food and There are authorized to be appropriated to labeling requirements if the labeling and Drug Administration. the Commission such sums as may be nec- other identifying materials identify the food (b) REPORT.—Not later than 15 months essary to carry out the provisions of this as electronically pasteurized or having been after the date of the enactment of this Act, title. The sums shall remain available until treated with electronic pasteurization. and annually thereafter, the Commission expended, without fiscal year limitation. shall prepare and submit to the President and the appropriate committees of Congress SEC. ll6. TERMINATION. COATS AMENDMENT NO. 1172 a written report containing— Section 15 of the Federal Advisory Com- (Ordered to lie on the table.) (1) the findings and conclusions of the mittee Act (5 U.S.C. App.) shall not apply to Mr. COATS submitted an amendment the Commission. Commission resulting from the study con- intended to be proposed by him to the ducted under subsection (a); and bill, S. 830, supra; as follows: (2) recommendations, based on the findings REED AMENDMENTS NOS. 1169–1170 At the appropriate place, insert the fol- and conclusions described in paragraph (1), (Ordered to lie on the table.) for improvements in the efficiency and ad- lowing: ministrative processes of the Food and Drug Mr. REED submitted two amend- SEC.. EXAMINATIONS AND PROCEDURES.— Administration. ments intended to be proposed by him Paragraph 353(d)(3) of the Public Health Service Act (42 U.S.C. 263a(d)(3)) is amend- SEC. ll3. POWERS OF THE COMMISSION. to the bill, S. 830, supra; as follows: ed— (a) IN GENERAL.—The Commission is au- AMENDMENT NO. 1169 (1) by striking ‘‘, including those which’’ thorized to— Strike section 404. and by inserting in its place ‘‘. The following (1) hold such hearings and sit and act at three types of examinations and procedures such times; AMENDMENT NO. 1170 shall each be deemed to meet the standards (2) take such testimony; in the preceding sentence’’; (3) have such printing and binding done; On page 30, strike lines 1 through 16, and (2) in subparagraph (A), by inserting at the (4) enter into such contracts and other ar- insert the following: end thereof ‘‘even if FDA places limits on rangements; (b) PREMARKET NOTIFICATIONS.—Section the sale of the devices associated with such (5) make such expenditures; and 513(i)(1) (21 U.S.C. 360c(i)(1)) is amended by examinations or procedures (e.g., prescrip- (6) take such other actions; adding at the end the following: as the Commission may determine to be nec- ‘‘(C) Whenever the Secretary requests in- tion status), or’’; and essary to carry out the duties of the Com- formation to demonstrate that the devices (3) in subparagraph (B), by inserting ‘‘by mission. with differing technological characteristics the user’’ before ‘‘negligible’’. (b) OBTAINING INFORMATION FROM FEDERAL are substantially equivalent, the Secretary AGENCIES.—The Commission may secure di- shall only request information that is nec- JEFFORDS AMENDMENTS NOS. rectly from any Federal agency such infor- essary to make a substantial equivalence de- 1173–1175 mation as the Commission may require to termination. In making such a request, the carry out its duties. Secretary shall consider the least burden- (Ordered to lie on the table.) (c) USE OF MAIL.—The Commission may some means of demonstrating substantial Mr. JEFFORDS submitted three use the United States mails in the same equivalence and shall request information amendments intended to be proposed manner and under the same conditions as accordingly. by him to the bill, S. 830, supra; as fol- Federal agencies. ‘‘(D) The determination of the Secretary lows: SEC. ll4. STAFF AND CONSULTANTS. under this subsection and section 513(f)(1) AMENDMENT NO. 1173 (a) STAFF.— with respect to the intended use of a device (1) APPOINTMENT AND COMPENSATION.—The shall be based on the intended use included Strike section 619 and insert the following: Commission may appoint and determine the in the proposed labeling of the device sub- SEC. 619. POSITRON EMISSION TOMOGRAPHY. compensation of such staff as the Commis- mitted in a report under section 510(k), ex- (a) REGULATION OF COMPOUNDED POSITRON sion determines to be necessary to carry out cept that nothing in this subparagraph may EMISSION TOMOGRAPHY DRUGS UNDER THE the duties of the Commission. be construed to limit what the Secretary FEDERAL FOOD, DRUG, AND COSMETIC ACT.— (2) LIMITATIONS.—The rate of compensation may consider in determining whether a de- (1) DEFINITION.—Section 201 (21 U.S.C. 321) for each staff member shall not exceed the vice is substantially equivalent to a predi- is amended by adding at the end the fol- daily equivalent of the rate specified for cate device under subparagraph (A)(ii).’’. lowing: level V of the Executive Schedule under sec- ‘‘(ii) The term ‘compounded positron emis- tion 5316 of title 5, United States Code for HARKIN AMENDMENT NO. 1171 sion tomography drug’— each day the staff member is engaged in the ‘‘(1) means a drug that— performance of duties for the Commission. (Ordered to lie on the table.) ‘‘(A) exhibits spontaneous disintegration of The Commission may otherwise appoint and Mr. HARKIN submitted an amend- unstable nuclei by the emission of positrons determine the compensation of staff without ment intended to be proposed by him and is used for the purpose of providing dual regard to the provisions of title 5, United to the bill, S. 830, supra; as follows: photon positron emission tomographic diag- States Code, that govern appointments in nostic images; and AMENDMENT NO. 1171 the competitive service, and the provisions ‘‘(B) has been compounded by or on the of chapter 51 and subchapter III of chapter 53 At the end of title VIII, add the following: order of a practitioner who is licensed by a of title 5, United States Code, that relate to SEC. . ELECTRONIC PASTEURIZATION. State to compound or order compounding for classification and General Schedule pay (a) DEFINITION.—In this section, the term a drug described in subparagraph (A), and is rates. ‘‘electronic pasteurization’’ means exposure compounded in accordance with that State’s

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9345 law, for a patient or for research, teaching, cations by the Secretary of Health and lating to) this Act, shall be considered to or quality control; and Human Services. Nothing in this Act shall meet the requirements for a detailed state- ‘‘(2) includes any nonradioactive reagent, constitute an exemption for a positron emis- ment under section 102(2)(C) of the National reagent kit, ingredient, nuclide generator, sion tomography drug from the requirements Environmental Policy Act of 1969 (42 U.S.C. accelerator, target material, electronic syn- of regulations issued under section 505(i) of 4332(2)(c)).’’. thesizer, or other apparatus or computer pro- the Federal Food, Drug, and Cosmetic Act gram to be used in the preparation of such a (21 U.S.C. 355(i)) for such drugs. REED AMENDMENTS NOS. 1176–1177 drug.’’. (d) REVOCATION OF CERTAIN INCONSISTENT (b) ADULTERATION.— DOCUMENTS.—Within 30 days after the date of (Ordered to lie on the table.) (1) IN GENERAL.—Section 501(a)(2) (21 U.S.C. enactment of this Act, the Secretary of Mr. REED submitted two amend- 351(a)(2)) is amended by striking ‘‘; or (3)’’ Health and Human Services shall publish in ments intended to be proposed by him and inserting the following: ‘‘; or (C) if it is the Federal Register a notice terminating to the bill, S. 830, supra; as follows: a compounded positron emission tomography the application of the following notices and drug and the methods used in, or the facili- rule: AMENDMENT NO. 1176 ties and controls used for, its compounding, (1) A notice entitled ‘‘Regulation of On page 30, line 16, after the first period, processing, packing, or holding do not con- Positron Emission Tomography Radio- insert the following: ‘‘Nothing in the pre- form to or are not operated or administered pharmaceutical Drug Products; Guidance; ceding sentence shall be construed to pro- in conformity with the positron emission to- Public Workshop’’, published in the Federal hibit the Secretary from determining that a mography compounding standards and the Register on February 27, 1995, 60 Fed. Reg. new device is not substantially equivalent to official monographs of the United States 10594. a predicate device because changes in the Pharmacopeia to assure that such drug (2) A notice entitled ‘‘Draft Guideline on technological characteristics of the new de- meets the requirements of this Act as to the Manufacture of Positron Emission To- vice demonstrate that the device is intended safety and has the identity and strength, and mography Radiopharmaceutical Drug Prod- for a different use than the use stated in the meets the quality and purity characteristics, ucts; Availability’’, published in the Federal labeling of the device.’’. that it purports or is represented to possess; Register on February 27, 1995, 60 Fed. Reg. or (3)’’. 10593. AMENDMENT NO. 1177 (2) SUNSET.—Sections 201(ii) and (3) A final rule entitled ‘‘Current Good On page 30, line 16, insert before the first 501(a)(2)(C) (21 U.S.C. 321(ii) and 351(a)(2)(C)) Manufacturing Practice for Finished Phar- shall not apply 4 years after the date of en- period the following: ‘‘if the proposed label- maceuticals; Positron Emission Tomog- ing is neither false nor misleading’’. actment of this Act or 2 years after the date raphy’’, published in the Federal Register on or which the Secretary of Health and Human April 22, 1997, 62 Fed. Reg. 19493 (codified at f Services establishes the requirements de- part 211 of title 21, Code of Federal Regula- scribed in subsection (c)(1)(B), whichever is THE DEPARTMENT OF THE INTE- tions). RIOR AND RELATED AGENCIES later. (e) DEFINITION.—In this section: (c) REQUIREMENTS FOR REVIEW OF AP- (1) COMPOUNDED POSITRON EMISSION TOMOG- APPROPRIATIONS ACT, 1998 PROVAL PROCEDURES AND CURRENT GOOD RAPHY DRUG.—The term ‘‘compounded MANUFACTURING PRACTICES FOR POSITRON positron emission tomography drug’’ means EMISSION TOMOGRAPHY.— a positron emission tomography drug that BROWNBACK AMENDMENT NO. 1178 (1) PROCEDURES AND REQUIREMENTS.— has been compounded by or on the order of a (A) IN GENERAL.—In order to take account Mr. BROWNBACK submitted an of the special characteristics of positron practitioner who is licensed by a State to amendment intended to be proposed by compound or order compounding for such a emission tomography drugs and the special him to the bill (H.R. 2107) making ap- techniques and processes required to produce drug, and is compounded in accordance with that State’s law, for a patient or for re- propriations for the Department of the these drugs, not later than 2 years after the Interior and related agencies for the date of enactment of this Act, the Secretary search, teaching, or quality control. of Health and Human Services shall estab- (2) DRUG.—The term ‘‘drug’’ has the mean- fiscal year ending September 30, 1998, lish— ing given the term in section 201 of the Fed- and for other purposes; as follows: (i) appropriate procedures for the approval eral Food, Drug, and Cosmetic Act (21 U.S.C. At the appropriate place in title I, insert of positron emission tomography drugs pur- 321 et seq.). the following: (3) POSITRON EMISSION TOMOGRAPHY DRUG.— suant to section 505 of the Federal Food, ‘‘SEC. 1 . (a) In this section— Drug, and Cosmetic Act (21 U.S.C. 355); and The term ‘‘positron emission tomography (1) the term ‘‘Huron Cemetery’’ means the (ii) appropriate current good manufac- drug’’ means a drug that— lands that form the cemetery that is popu- turing practice requirements for such drugs. (A) exhibits spontaneous disintegration of larly known as the Huron Cemetery, located unstable nuclei by the emission of positrons (B) CONSIDERATIONS AND CONSULTATION.—In in Kansas City, Kansas, as described in sub- establishing the procedures and require- and is used for the purpose of providing dual section (b)(4); ments required by subparagraph (A), the Sec- photon positron emission tomographic diag- (2) the term ‘‘Secretary’’ means the Sec- retary of Health and Human Services shall nostic images; and retary of the Interior; and take due account of any relevant differences (B) includes any nonradioactive reagent, (3) the term ‘‘Wyandot Nation’’ means the between not-for-profit institutions that com- reagent kit, ingredient, nuclide generator, nation of the Wyandot Indians that consists pound the drugs for their patients and com- accelerator, target material, electronic syn- of the descendants of the Wyandott nation mercial manufacturers of the drugs. Prior to thesizer, or other apparatus or computer pro- described in the treaty between the United establishing the procedures and require- gram to be used in the preparation of such a States and the Wyandott Indians, done at ments, the Secretary of Health and Human drug. Washington on January 31, 1855 (10 Stat. 1159 Services shall consult with patient advocacy et seq.), and includes— AMENDMENT NO. 1174 groups, professional associations, manufac- (A) the Wyandot Nation of Kansas, Inc.; turers, and physicians and scientists licensed On page 30, strike lines 17 through 20, and and to make or use positron emission tomog- insert the following: (B) the Wayandotte Tribe of Oklahoma. raphy drugs. (c) RULE OF CONSTRUCTION.—Nothing in the (b)(1) Subject to subsection (c), the Sec- (2) SUBMISSION OF NEW DRUG APPLICATIONS amendments made by subsections (a) and (b) retary shall take such action as may be nec- AND ABBREVIATED NEW DRUG APPLICATIONS.— shall be construed to alter any authority of essary to ensure that the lands comprising (A) IN GENERAL.—The Secretary of Health the Secretary of Health and Human Services the Huron Cemetery (as described in para- and Human Services shall not require the to regulate any tobacco product, or any addi- graph (4)) are held in trust for the Wyandot submission of new drug applications or ab- tive or ingredient of a tobacco product. Nation to be used only for a burial ground breviated new drug applications under sub- for the Wyandot Nation in accordance with AMENDMENT NO. 1175 section (b) or (j) of section 505 (21 U.S.C. 355), this subsection. for compounded positron emission tomog- Strike section 602 and insert the following: (2) Subject to subsection (c), the Secretary raphy drugs that are not adulterated drugs SEC. 602. ENVIRONMENTAL IMPACT REVIEW. shall take such action as may be necessary described in section 501(a)(2)(C) of the Fed- Chapter VII (21 U.S.C. 371 et seq.), as to ensure that the lands of the Huron Ceme- eral Food, Drug, and Cosmetic Act (21 U.S.C. amended by section 402, is further amended tery are used only— 351(a)(2)(C)) (as amended by subsection (b)), by adding at the end the following: (A) for religious and cultural uses of the for a period of 4 years after the date of enact- ‘‘SEC. 742. ENVIRONMENTAL IMPACT REVIEW. Wyandot Nation that are compatible with ment of this Act, or for 2 years after the date ‘‘Notwithstanding any other provision of the use of the lands as a cemetery; and or which the Secretary establishes proce- law, an environmental impact statement (B) as a burial ground for members of the dures and requirements under paragraph (1), prepared in accordance with the regulations Wyandot Nation. whichever is later. published in part 25 of title 21, Code of Fed- (3) In carrying out this subsection, the Sec- (B) CONSTRUCTION.—Nothing in this Act eral Regulations (as in effect on August 31, retary shall take such action as may be nec- shall prohibit the voluntary submission of 1997) in connection with an action carried essary to ensure that members of the Wyan- such applications or the review of such appli- out under (or a recommendation or report re- dot Nation of Kansas, Inc. may use the

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9346 CONGRESSIONAL RECORD — SENATE September 15, 1997 Huron Cemetery for the purposes specified in AMENDMENT NO. 1181 Mr. HUTCHINSON submitted an paragraph (2) on the condition that if space On page 141, after line 24, add the fol- amendment intended to be proposed by is available in the Huron Cemetery, no mem- lowing: him to the bill, S. 830, supra; as fol- ber of the Wyandotte Tribe of Oklahoma ‘‘(8) CONSIDERATION OF INFORMATION AS PUB- lows: may be denied the right to be buried in that LIC INFORMATION.—The certification, sum- cemetery. mary of the proposed protocol, and the Strike section 809 and insert the following: (4) The description of the lands of the schedule for the proposed protocol under this SEC. 809. APPLICATION OF FEDERAL LAW TO THE Huron Cemetery is as follows: subsection, excluding proprietary informa- PRACTICE OF PHARMACY COMPOUNDING. The tract of land in the NW 1⁄4 of sec. 10, T. tion, shall be considered to be public infor- 11 S., R. 25 E., of the sixth principal merid- mation. Section 503 (21 U.S.C. 353) is amended by ian, in Wyandotte County, Kansas (as sur- adding at the end the following: veyed and marked on the ground on August ‘‘(h)(1) Sections 501(a)(2)(B), 502(f)(1), 502(l), HATCH AMENDMENTS NOS. 1182– 505, and 507 shall not apply to a drug product 15, 1888, by William Millor, Civil Engineer 1183 and Surveyor), described as follows: if— ‘‘Commencing on the Northwest corner of (Ordered to lie on the table.) ‘‘(A) the drug product is compounded for the Northwest Quarter of the Northwest Mr. HATCH submitted two amend- an identified individual patient, based on a Quarter of said Section 10; ments intended to be proposed by him medical need for a compounded product— ‘‘Thence South 28 poles to the ‘true point to the bill, S. 830, supra; as follows: ‘‘(i) by a licensed pharmacist in a State li- censed pharmacy or a Federal facility, or a of beginning’; AMENDMENT NO. 1182 ‘‘Thence South 71 degrees East 10 poles and licensed physician, or the prescription order Beginning on page 4, strike line 11 and all of a licensed physician or other licensed 18 links; that follows through page 5, line 6, and insert ‘‘Thence South 18 degrees and 30 minutes practitioner authorized by State law to pre- the following: scribe drugs; or West 28 poles; ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘Thence West 11 and one-half poles; ‘‘(ii) by a licensed pharmacist or licensed through the Commissioner, in consultation physician in limited quantities, prior to the ‘‘Thence North 19 degrees 15 minutes East with experts in science, medicine, and public receipt of a valid prescription order for the 31 poles and 15 feet to the ‘true point of be- health, and in cooperation with consumers, identified individual patient, and is com- ginning’, containing 2 acres or more.’’. users, manufacturers, importers, packers, pounded based on a history of the licensed distributors, and retailers of regulated prod- f pharmacist or licensed physician receiving ucts, shall protect the public health by tak- valid prescription orders for the THE FOOD AND DRUG ADMINIS- ing actions that help ensure that TRATION MODERNIZATION AND ‘‘(A) foods are safe, wholesome, sanitary, compounding of the drug product that have ACCOUNTABILITY ACT OF 1997 and properly labeled; been generated solely within an established PRESCRIPTION DRUG USERS FEE ‘‘(B) human and veterinary drugs, includ- relationship between the licensed phar- macist, or licensed physician, and— REAUTHORIZATION ACT OF 1997 ing biologic, are safe and effective; ‘‘(C) there is reasonable assurance of safety ‘‘(I) the individual patient for whom the and effectiveness of devices intended for prescription order will be provided; or human use; ‘‘(II) the physician or other licensed practi- FEINSTEIN AMENDMENTS NOS. ‘‘(D) cosmetics are safe; and tioner who will write such prescription 1179–1181 ‘‘(E) public health and safety are protected order; and (Ordered to lie on the table.) from electronic product radiation. ‘‘(B) the licensed pharmacist or licensed Mrs. FEINSTEIN submitted three ‘‘(2) SPECIAL RULES.—The Secretary, acting physician— through the Commissioner, shall promptly ‘‘(i) compounds the drug product using amendments intended to be proposed and efficiently review clinical research and bulk drug substances— by her to the bill, S. 830, supra; as fol- take appropriate action on the marketing of ‘‘(I) that— lows: regulated products in a manner that does not ‘‘(aa) comply with the standards of an ap- AMENDMENT NO. 1179 unduly impede innovation or product avail- plicable United States Pharmacopeia or Na- In section 761 of the Federal Food, Drug, ability. The Secretary, acting through the tional Formulary monograph; or and Cosmetic Act, as added by section 807(a), Commissioner, shall participate with other ‘‘(bb) in a case in which such a monograph add the following new subsection: countries to reduce the burden of regulation, does not exist, are drug substances that are covered by regulations issued by the Sec- ‘‘(g) REGULATIONS.— to harmonize regulatory requirements, and retary under paragraph (3); ‘‘(1) REQUIREMENT.—Not later than 2 years to achieve appropriate reciprocal arrange- after the date of enactment of the Food and ments with other countries.’’. ‘‘(II) that are manufactured by an estab- Drug Administration Modernization and Ac- lishment that is registered under section 510 AMENDMENT NO. 1183 countability Act of 1997, the Secretary shall (including a foreign establishment that is promulgate final regulations (after notice At the appropriate place, insert the fol- registered under section 510(i)); and ‘‘(III) that are accompanied by valid cer- and comment) that establish the criteria and lowing: tificates of analysis for each bulk drug sub- conditions under which a State may apply SEC. . SAFETY REPORT DISCLAIMERS. stance; for and receive an exemption under sub- Chapter IX (21 U.S.C. 391 et seq.), as ‘‘(ii) compounds the drug product using in- section (b). amended by section 804, is further amended gredients (other than bulk drug substances) ‘‘(2) EFFECTIVE DATE.—No exemption may by adding at the end the following: that comply with the standards of an appli- be provided under subsection (b) until the ‘‘SEC. 908. SAFETY REPORT DISCLAIMERS. cable United States Pharmacopeia or Na- date on which the Secretary has promul- ‘‘With respect to any entity that submits tional Formulary monograph and the United gated the regulations referred to in para- or is required to submit a safety report or States Pharmacopeia chapter on pharmacy graph (1).’’. other information in connection with the safety of a product (including a product compounding; ‘‘(iii) only advertises or promotes the AMENDMENT NO. 1180 which is a food, drug, new drug, device, die- tary supplement, or cosmetic) under this Act compounding service provided by the li- At the appropriate place in title VIII, in- (and any release by the Secretary of that re- censed pharmacist or licensed physician and sert the following: port of information), such report or informa- does not advertise or promote the SEC. . RULE OF CONSTRUCTION REGARDING tion shall not be construed to necessarily re- compounding of any particular drug, class of STATE LAWS. flect a conclusion by the entity or the Sec- drug, or type of drug; Chapter IX (21 U.S.C. 391 et seq.), as retary that the report or information con- ‘‘(iv) does not compound a drug product amended by section 804, is further amended stitutes an admission that the product in- that appears on a list published by the Sec- by adding at the end thereof the following: volved caused or contributed to an adverse retary in the Federal Register of drug prod- ‘‘SEC. 908, RULE OF CONSTRUCTION REGARDING experience, or otherwise caused or contrib- ucts that have been withdrawn or removed STATE LAWS. uted to a death, serious injury, serious ill- from the market because such drug products ‘‘Nothing in this Act shall be construed to ness, or malfunction. Such an entity need or components of such drug products have prohibit any State or political subdivision not admit, and may deny, that the report or been found to be unsafe or not effective; from imposing any requirements that are information submitted by the entity con- ‘‘(iv) does not compound a drug product more stringent than those imposed by this stitutes an admission that the product in- that is identified by the Secretary in regula- Act, including, but not limited to, require- volved caused or contributed to an adverse tion as presenting demonstrable difficulties ments relating to embargoing products, the experience or caused or contributed to a for compounding that reasonably dem- licensing and inspection of manufacturers’ death, serious injury, serious illness, or mal- onstrate an adverse effect on the safety or facilities, advertising, labeling, packaging, function.’’. effectiveness of that drug product; and the regulation of the quality and nature of ‘‘(vi) does not distribute compounded drugs ingredients, and the provision of warnings or outside of the State in which the drugs are other communications to protect the public HUTCHINSON AMENDMENT NO. 1184 compounded, unless the principal State health.’’. (Ordered to lie on the table.) agency of jurisdiction that regulates the

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9347 practice of pharmacy in such State has en- for the Wyandot Nation in accordance with (1) In general.—The Secretary shall award tered into a memorandum of understanding this subsection. block grants to States under this subsection with the Secretary regarding the regulation (2) Subject to subsection (c), the Secretary to support the arts. of drugs that are compounded in the State shall take such action as may be necessary (2) ELIGIBILITY.—To be eligible to receive a and are distributed outside of the State, that to ensure that the lands of the Huron Ceme- grant under this subsection, a State or Terri- provides for appropriate investigation by the tery are used only— tory shall prepare and submit to the Chair- State agency of complaints relating to com- (A) for religious and cultural uses of the man an application, at such time, in such pounded products distributed outside of the Wyandot Nation that are compatible with manner, and containing such information as State. the use of the lands as a cemetery; and the Chairman may require, including an as- ‘‘(2)(A) The Secretary shall, after consulta- (B) as a burial ground for members of the surance that no funds received under the tion with the National Association of Boards Wyandot Nation. grant will be used to fund programs that are of Pharmacy, develop a standard memo- In carrying out this subsection, the Sec- determined to be obscene. randum of understanding for use by States in retary shall take such action as may be nec- (3) AMOUNT OF GRANT.— complying with paragraph (1)(B)(vi). essary to ensure that members of the Wyan- (A) IN GENERAL.—Of the amount available ‘‘(B) Paragraph (1)(B)(vi) shall not apply to dot Nation of Kansas, Inc. may use the for grants under this subsection, the Chair- a licensed pharmacist or licensed physician, Huron Cemetery for the purposes specified in man shall allot to each State (including the who does not distribute inordinate amounts paragraph (2) on the condition that if space District of Columbia) or Territory an of compounded products outside of the State, is available in the Huron Cemetery, no mem- amount equal to— until— ber of the Wyandotte Tribe of Oklahoma (i) with respect to a State, the amount ‘‘(i) the date that is 180 days after the de- may be denied the right to be buried in that under subparagraph (B); and (ii) with respect to a territory, the amount velopment of the standard memorandum of cemetery. determined under subparagraph (C). understanding; or (4) The description of the lands of the (B) FORMULA.—The amount determined Huron Cemetery is as follows: ‘‘(ii) the date on which the State agency under this subparagraph with respect to a The tract of land in the NW 1⁄4 of sec. 10, T. enters into a memorandum of understanding State (or the District of Columbia) shall be 11 S., R. 25 E., of the sixth principal merid- under paragraph (1)(B)(vi), equal to— whichever occurs first. ian, in Wyandotte County, Kansas (as sur- (i) subject to subparagraph (D), the aggre- ‘‘(3) The Secretary, after consultation with veyed and marked on the ground on August gate of the amounts provided by the Na- the United States Pharmacopeia Convention 15, 1888, by William Millor, Civil Engineer tional Endowment for the Arts to the State Incorporated, shall promulgate regulations and Surveyor), described as follows: (or District), and the groups and institutions limiting compounding under paragraph ‘‘Commencing on the Northwest corner of in the State (or District), in fiscal year 1997; (1)(B)(i)(I)(bb) to drug substances that are the Northwest Quarter of the Northwest and components of drug products approved by Quarter of said Section 10; (ii) an amount that bears the same rela- the Secretary and to other drug substances ‘‘Thence South 28 poles to the ‘true point tionship to the amounts remaining available as the Secretary may identify. of beginning’; for allotment for the fiscal year involved ‘‘(4) The provisions of paragraph (1) shall ‘‘Thence South 71 degrees East 10 poles and after the amounts are determined under not apply— 18 links; clause (i), as the percentage of the popu- ‘‘(A) to compounded positron emission to- ‘‘Thence South 18 degrees and 30 minutes lation of the State (or District) bears to the mography drugs as defined in section 201(ii); West 28 poles; total population of all States and the Dis- or ‘‘Thence West 11 and one-half poles; trict. ‘‘Thence North 19 degrees 15 minutes East ‘‘(B) to radiopharmaceuticals. (C) TERRITORIES.—The amount determined 31 poles and 15 feet to the ‘true point of be- ‘‘(5) In this subsection, the term ‘com- under this subparagraph with respect to a ginning’, containing 2 acres or more.’’. pound’ does not include to mix, reconstitute, territory shall be equal to the aggregate of (c) Nothing is this section is intended to or perform another similar act, in accord- the amounts provided by the National En- modify or supersede the agreement that the ance with directions contained in approved dowment for the Arts to the territory, and United States entered into on March 20, 1918, drug labeling provided by a drug manufac- the groups and institutions in the territory, with the City of Kansas City, Kansas, for the turer.’’. in fiscal year 1997. maintenance of the Huron Cemetery. (D) LIMITATION.—Notwithstanding the for- f mula described in subparagraph (B), the al- THE DEPARTMENT OF THE INTE- HUTCHISON AMENDMENT NO. 1186 lotment for a State (or the District of Co- lumbia) under clause (i) of such subpara- RIOR AND RELATED AGENCIES (Ordered to lie on the table.) graph shall not exceed an amount equal to APPROPRIATIONS ACT, 1998 Mrs. HUTCHISON submitted an 6.6 percent of the total amount provided by amendment intended to be proposed by the National Endowment for the Arts to her to the bill, H.R. 2107, supra; as fol- States and the District of Columbia in fiscal BROWNBACK AMENDMENT NO. 1185 lows: year 1997. (4) LIMITATION ON OBLIGATION OF FUNDS.— Beginning on page 96, strike line 14 and all (Ordered to lie on the table.) With respect to the budget authority pro- that follows through line 8 on page 97, and Mr. BROWNBACK submitted an vided for in this section, not more than insert the following: amendment intended to be proposed by $22,888,725 shall be available for obligation him to the bill, H.R. 2107, supra; as fol- (a) FUNDING.—For necessary expenses of the National Endowment for the Arts, with respect to block grants under this sub- lows: $100,060,000 to be used in accordance with this section prior to September 30, 1998. (5) USE OF FUNDS.— At the appropriate place in title I, insert section. (A) IN GENERAL.—A State or territory shall the following: (b) USE OF FUNDS.— use funds provided under a grant under this ‘‘SEC. 1 . (a) In this section— (1) IN GENERAL.—Of the amount appro- subsection to carry out activities to support (1) the term ‘‘Huron Cemetery’’ means the priated under subsection (a), the Chairman the arts in the State or territory. lands that form the cemetery that is popu- of the National Endowment for the Arts (B) ENDOWMENT INCENTIVE.—A State or ter- larly known as the Huron Cemetery, located shall use— ritory may use not to exceed 25 percent of in Kansas City, Kansas, as described in sub- (A) not less than 75 percent of such amount the funds provided under a grant under this section (b)(4); to make block grants to State under sub- subsection to establish a permanent arts en- (2) the term ‘‘Secretary’’ means the Sec- section (c); dowment in the State or territory. A State retary of the Interior; and (B) not less than 20 percent of such amount or territory that uses funds under this sub- (3) the term ‘‘Wyandot Nation’’ means the to make grants to national groups or institu- paragraph to establish a State endowment nation of the Wyandot Indians that consists tions under subsection (d); and shall contribute non-Federal funds to such of the descendants of the Wyandott nation (C) not more than 5 percent for the admin- endowment in an amount equal to not less described in the treaty between the United istrative costs of carrying out this section, than the amount of Federal funds provided States and the Wyandott Indians, done at including any costs associated with the re- to the endowment. Washington on January 31, 1855 (10 Stat. 1159 duction in the operations of the National En- (C) LIMITATION.—A State (or territory) et seq.), and includes— dowment for the Arts. may not use in excess of 15 percent of the (A) the Wyandot Nation of Kansas, Inc.; (2) LIMITATION ON ADMINISTRATIVE COSTS.— amount received under this section in any and With respect to the budget authority pro- fiscal year for administrative purposes. (B) the Wyandotte Tribe of Oklahoma. vided for in this section, not more than (d) NATIONAL GRANTS.— (b)(1) Subject to subsection (c), the Sec- $1,525,915 shall be available for obligation (1) IN GENERAL.—The Secretary shall award retary shall take such action as may be nec- with respect to the administrative costs de- grants to nationally prominent groups or in- essary to ensure that the lands comprising scribed in paragraph (1)(C) prior to Sep- stitutions under this subsection to support the Huron Cemetery (as described in para- tember 30, 1998. the arts. graph (4)) are held in trust for the Wyandot (c) BLOCK GRANTS TO STATES OR TERRI- (2) ELIGIBILITY.—To be eligible to receive a Nation to be used only for a burial ground TORIES.— grant under this subsection, an entity shall

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9348 CONGRESSIONAL RECORD — SENATE September 15, 1997 prepare and submit to the Chairman an ap- (B) in paragraphs (2) and (5) by striking (I) by striking ‘‘of that Endowment’’ the plication, at such time, in such manner, and ‘‘and the arts’’, first place it appears and inserting ‘‘the Na- containing such information as the Chair- (C) in paragraphs (4), (5), and (9) by strik- tional Endowment for the Humanities’’, man may require, including an assurance ing ‘‘the arts and’’, (II) by striking ‘‘sections 6(f) and’’ and in- that no funds received under this subsection (D) in paragraph (7) by striking ‘‘the prac- serting ‘‘section’’, and will be used— tice of art and’’, (III) by striking ‘‘sections 5(c) and’’ and in- (A) to fund programs that are determined (E) by striking paragraph (11), and serting ‘‘section’’, and to be obscene; (F) in paragraph (12) by striking ‘‘the Arts (iv) in paragraph (3) by striking ‘‘Chair- (B) for seasonal grants; or and’’ and redesignating such paragraph as person’s functions, define their duties, and (C) for subgrants. paragraph (11). supervise their activities’’ and inserting (3) LIMITATION ON AMOUNT OF GRANT.—The (2) DEFINITIONS.—Section 3 of the National ‘‘functions, define the activities, and super- amount of a grant awarded to any group or Foundation on the Arts and the Humanities vise the activities of the Chairperson’’, institution to carry out a project under this Act of 1965 (20 U.S.C. 952) is amended— (B) in subsection (b)— section shall not exceed— (i) by striking paragraphs (1), (2), and (3), (A) with respect to a group or institution (A) by striking subsections (b), (c), and (f), and and with an annual budget of not to exceed (ii) in paragraph (4)— $3,000,000, an amount equal to not more than (B) in subsection (d)— (i) by striking ‘‘to foster American artistic (I) by striking ‘‘one of its Endowments and 33.5 percent of the total project cost; and received by the Chairperson of an Endow- (B) with respect to a group or institution creativity, to commission works of art,’’, (ii) in paragraph (1)— ment’’ and inserting ‘‘the National Endow- with an annual budget of not less than ment for the Humanities and received by the $3,000,000, an amount equal to not more than (I) by striking ‘‘the National Council on the Arts or’’, and Chairperson of that Endowment’’, and 20 percent of the total project cost. (II) by striking ‘‘(4)’’, (II) by striking ‘‘, as the case may be,’’, (4) LIMITATION ON OBLIGATION OF FUNDS.— (C) by striking subsection (c), (iii) in paragraph (2)— With respect to the budget authority pro- (D) in subsection (d)— (I) by striking ‘‘sections 5(l) and’’ and in- vided for in this section, not more than (i) by striking ‘‘Chairperson of the Na- serting ‘‘section’’, $6,103,660 shall be available for obligation tional Endowment for the Arts and the’’, and (II) in subparagraph (A) by striking ‘‘an ar- with respect to grants under this subsection (ii) by striking ‘‘each’’ the first place it ap- tistic or’’ and inserting ‘‘a’’, and prior to September 30, 1998. pears, (e) APPLICATION OF SECTION.—Notwith- (III) in subparagraph (B)— (E) in subsection (e)— standing any other provision of law, this sec- (aa) by striking ‘‘the National Council on (i) by striking ‘‘National Council on the tion shall apply with respect to grants and the Arts and’’, and Arts and the’’, and contracts awarded by the National Endow- (bb) by striking ‘‘, as the case may be,’’, (ii) by striking ‘‘, respectively,’’, and ment for the Arts in lieu of the provisions of and (F) in subsection (f)— sections 5 and 5A of the National Foundation (iv) by striking ‘‘(d)’’ and inserting ‘‘(b)’’, (i) in paragraph (1)— on the Arts and the Humanities Act of 1965 and (I) by striking ‘‘Chairperson of the Na- (20 U.S.C. 954 and 954a). (C) by redesignating subsections (e) and (g) tional Endowment for the Arts and the’’, and (f) OFFSET.—Each amount of budget au- as subsections (c) and (d), respectively. (II) by striking ‘‘sections 5(c) and’’ and in- thority for the fiscal year ending September (3) ESTABLISHMENT OF NATIONAL FOUNDA- serting ‘‘section’’, 30, 1998, provided in this Act, for payments TION ON THE ARTS AND HUMANITIES.—Section (ii) in paragraph (2)(A)— not required by law is hereby reduced by .11 4(a) of the National Foundation on the Arts (I) by striking ‘‘either of the Endowments’’ percent. Such reductions shall be applied and the Humanities Act of 1965 (20 U.S.C. and inserting ‘‘National Endowment for the ratably to each account, program, activity, 953(a)) is amended— Humanities’’, and and project provided for in this Act. (A) in subsection (a)— (II) by striking ‘‘involved’’, and (i) by striking ‘‘the Arts and’’ each place it (iii) in paragraph (3)— HUTCHINSON (AND OTHERS) appears, and (I) by striking ‘‘that provided such finan- AMENDMENT NO. 1187 (ii) by striking ‘‘a National Endowment for cial assistance’’ each place it appears, and the Arts,’’, (II) in subparagraph (C) by striking ‘‘the (Ordered to lie on the table.) (B) in subsection (b) by striking ‘‘and the Mr. HUTCHINSON (for himself, Mr. National Endowment for the Arts or’’. arts’’, and (c) AUTHORIZATION OF APPROPRIATIONS.— SESSIONS, Mr. ABRAHAM, and Mr. ENZI) (C) in the heading of such section by strik- submitted an amendment intended to Section 11 of the National Foundation on the ing ‘‘THE ARTS AND’’. Arts and the Humanities Act of 1965 (20 be proposed by them to the bill, H.R. (4) FEDERAL COUNCIL ON THE ARTS AND THE U.S.C. 960) is amended— 2107, supra; as follows: HUMANITIES.—Section 9 of the National (1) in subsection (a)(1)— On page 96, line 12, strike all after ‘‘Na- Foundation on the Arts and the Humanities (A) by striking subparagraph (A), and tional’’ through page 97, line 8, and insert Act of 1965 (20 U.S.C. 958) is amended— (B) in subparagraph (B) by striking ‘‘(B)’’, the following: (A) in subsection (a) by striking ‘‘the Arts (2) in subsection (a)(2)— and’’, SUPPORT FOR THE ARTS (A) by striking subparagraph (A), and (B) in subsection (b) by striking ‘‘the (B) in subparagraph (B)— FINANCIAL ASSISTANCE TO STATES TO SUPPORT Chairperson of the National Endowment for (i) by striking ‘‘(B)’’, and THE ARTS the Arts,’’, (ii) by redesignating clauses (i) and (ii) as For the necessary expenses to carry out (C) in subsection (c)— subparagraphs (A) and (B), respectively, section 202 of this Act, $100,060,000, of which (i) in paragraph (1) by striking ‘‘the Chair- (3) in subsection (a)(3)— $33,060,000 shall be available on October 1, person of the National Endowment for the (A) by striking subparagraph (A), 1997, and $67,000,000 shall be available on Sep- Arts and’’, (B) by redesignating subparagraph (B) as tember 30, 1998: Provided, That each amount (ii) in paragraph (3)— subparagraph (A), and of budget authority for the fiscal year ending (I) by striking ‘‘the National Endowment (C) by striking subparagraph (C), and September 30, 1998, provided in this Act for the Arts’’, and (4) in subsection (a)(4)— (other than section 202), for payments not re- (II) by striking ‘‘Humanities,’’ and insert- (A) by striking ‘‘Chairperson of the Na- quired by law is hereby reduced by 0.11 per- ing ‘‘Humanities’’, and tional Endowment for the Arts and the’’, cent: Provided further, That such reductions (iii) in paragraphs (6) and (7) by striking (B) by striking ‘‘, as the case may be,’’, and shall be applied ratably to each account, pro- ‘‘the arts and’’, and (C) by striking ‘‘section 5(e), section 5(l)(2), gram, activity, and project provided for in (D) in the heading of such section by strik- section 7(f),’’ and inserting ‘‘section 7(f)’’, this Act. ing ‘‘THE ARTS AND’’. (5) in subsection (c)— GENERAL PROVISIONS (5) ADMINISTRATIVE FUNCTIONS.—Section 10 (A) by striking paragraph (1), and TERMINATION OF THE NATIONAL ENDOWMENT of the National Foundation on the Arts and (B) in paragraph (2) by striking ‘‘(2)’’, FOR THE ARTS the Humanities Act of 1965 (20 U.S.C. 959) is (6) in subsection (d)— SEC. 201. (a) REPEALERS.—Sections 5, 5A, amended— (A) by striking paragraph (1), and and 6 of the National Foundation on the Arts (A) in subsection (a)— (B) in paragraph (2) by striking ‘‘(2)’’, and and the Humanities Act of 1965 (20 U.S.C. 954, (i) in the matter preceding paragraph (1)— (7) by striking subsection (f). 954a, 955) are repealed. (I) by striking ‘‘in them’’, (d) TRANSITION PROVISIONS.— (b) CONFORMING AMENDMENTS.— (II) by striking ‘‘the Chairperson of the Na- (1) TRANSFER OF PROPERTY.—On the effec- (1) DECLARATION OF PURPOSE.—Section 2 of tional Endowment for the Arts and’’, and tive date of the amendments made by this the National Foundation on the Arts and the (III) by striking ‘‘, in carrying out their re- section, all property donated, bequeathed, or Humanities Act of 1965 (20 U.S.C. 951) is spective functions,’’, devised to the National Endowment for the amended— (ii) by striking ‘‘of an Endowment’’ each Arts and held by such Endowment on such (A) in paragraphs (1) and (6) by striking place it appears, date is hereby transferred to the National ‘‘arts and the’’, (iii) in paragraph (2)— Endowment for the Humanities.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9349

(2) TERMINATION OF OPERATIONS.—The Di- (I) by striking ‘‘; and’’ at the end and in- (i) by striking paragraph (2), and rector of the Office of Management and serting a period, and (ii) by redesignating paragraphs (3) Budget shall provide for the termination of (II) by redesignating such paragraph as through (8) as paragraphs (2) through (7), re- the affairs of the National Endowment for paragraph (5), and spectively, the Arts and the National Council on the (B) in section 805 (42 U.S.C. 8144)— (H) in section 10412(b) (20 U.S.C. 8102(b))— Arts. Except as provided in paragraph (1), (i) in subsection (a)— (i) in paragraph (2) by striking ‘‘the Chair- the Director shall provide for the transfer or (I) by striking ‘‘, in consultation with the man of the National Endowment for the other disposition of personnel, assets, liabil- Chairman,’’, and Arts,’’, and ities, grants, contracts, property, records, (II) in paragraph (3) by striking ‘‘jointly by (ii) in paragraph (7) by striking ‘‘, the and unexpended balances of appropriations, the Secretary and the Chairman’’ and insert- Chairman of the National Endowment for authorizations, allocations, and other funds ing ‘‘by the Secretary’’, the Arts’’, and held, used, arising from, available to, or to (ii) in subsection (b) by striking ‘‘and the (I) in section 10414(a)(2)(B) (20 U.S.C. be made available in connection with imple- Chairman shall establish jointly’’ and insert- 8104(a)(2)(B))— menting the authorities terminated by the ing ‘‘shall establish’’, (i) in clause (i) by inserting ‘‘and’’ at the amendments made by this section. (iii) in subsection (c) by striking ‘‘jointly end, by the Secretary and the Chairman’’ and in- (e) CONFORMING AMENDMENTS TO OTHER (ii) by striking clause (ii), and serting ‘‘by the Secretary’’, LAWS.— (iii) by redesignating clause (iii) as clause (iv) in subsection (d)— (1) POET LAUREATE CONSULTANT.—Section (ii). (I) by striking ‘‘consult with the Chairman 601 of the Arts, Humanities, and Museums (15) DELTA REGION HERITAGE; NEW ORLEANS and’’, and Amendments of 1985 (2 U.S.C. 177) is amended JAZZ COMMISSION.—Public Law 103–433 (108 (II) by striking ‘‘jointly by the Secretary by striking subsection (c). Stat. 4515) is amended— and the Chairman’’ and inserting ‘‘by the (2) EXECUTIVE SCHEDULE PAY RATE.—Title 5 (A) in section 1104(b) (16 U.S.C. 1a–5 note) Secretary’’, and of the United States Code is amended in sec- by striking ‘‘the Chairman of the National (v) in subsection (e) by striking ‘‘, in co- tion 5314 by striking the item relating to the Endowment for the Arts,’’, and operation with the Chairman,’’. Chairman of the National Endowment for (B) in section 1207(b)(6) (16 U.S.C. 410bbb– (12) CONVERSION OF RAILROAD PASSENGER the Arts. 5(b)(6)) by striking ‘‘and one member from PROVISIONS.—Title 49 of the United States (3) INSPECTOR GENERAL ACT OF 1978.—Sub- recommendations submitted by the Chair- Code is amended— man of the National Endowment of the section (a)(2) of the first section 8G of the In- (A) in section 5562(c) by striking ‘‘and the spector General Act of 1978 (5 U.S.C. App. Arts’’. Chairman of the National Endowment for (f) EFFECTIVE DATE.—This section shall 8G(a)(2)) is amended by striking ‘‘the Na- the Arts’’, tional Endowment for the Arts’’. take effect on the later of October 1, 1997, or (B) in section 5563(a)(4)— the date of enactment of this Act. (4) DELTA REGION PRESERVATION COMMIS- (i) in subparagraph (A) by adding ‘‘or’’ at FEDERAL FINANCIAL ASSISTANCE TO THE SION.—Section 907(a) of National Parks and the end, STATES TO SUPPORT THE ARTS Recreation Act of 1978 (16 U.S.C. 230f(a)) is (ii) by striking subparagraph (B), and amended— (iii) by redesignating subparagraph (C) as SEC. 202. (a) GRANTS TO STATES.— (A) by striking paragraph (7), subparagraph (B), (1) IN GENERAL.—From funds allotted under (B) in the first paragraph (8) by striking (C) in section 5564(c)(1)(C) by striking ‘‘or paragraphs (2) and (3) of subsection (d), the the period at the end and inserting ‘‘; and’’, the Chairman of the National Endowment Secretary of the Treasury may make grants and for the Arts’’, and to States to support the arts in such a man- (C) by redesignating the first paragraph (8) (D) in section 5565(c)(1)(B) by striking ‘‘or ner as will furnish adequate programs, facili- as paragraph (7). the Chairman of the National Endowment ties, and services in the arts to all the people (5) JACOB K. JAVITS FELLOWSHIP PROGRAM.— for the Arts’’. and communities in the States through— Section 932(a)(3) of the Higher Education Act (13) EDUCATIONAL RESEARCH, DEVELOPMENT, (A) projects and productions which have of 1965 (20 U.S.C. 1134i(a)(3)) is amended by DISSEMINATION AND IMPROVEMENT ACT OF substantial national or international artistic striking ‘‘the National Endowment for the 1994.—Title IX of the Educational Research, and cultural significance; Arts,’’. Development, Dissemination, and Improve- (B) projects and productions, meeting pro- (6) GRADUATE ASSISTANCE IN AREAS OF NA- ment Act of 1994 (20 U.S.C. 6001 et seq.) is fessional standards of authenticity or tradi- TIONAL NEED.—Section 943(b) of the Higher amended— tion, irrespective of origin, which are of sig- Education Act of 1965 (20 U.S.C. 1134n(b)) is (A) in section 921(j) (20 U.S.C. 6021(j))— nificant merit; amended by striking ‘‘National Endowments (i) by striking paragraph (5), and (C) projects and productions that will en- for the Arts and the Humanities’’ and insert- (ii) by redesignating paragraphs (6), (7) and courage and assist artists to work in resi- ing ‘‘National Endowment for the Human- (8) as paragraphs (5), (6), and (7), respec- dence at an educational or cultural institu- ities’’. tively, and tion; (7) AMERICAN FOLKLIFE CENTER.—Section (B) in section 931(h)(3) (20 U.S.C. (D) projects and productions which have 4(b) of the American Folklife Preservation 6031(h)(3))— substantial artistic and cultural signifi- Act (20 U.S.C. 2103(b)) is amended— (i) by striking subparagraph (H), and cance; (A) by striking paragraph (5), and (ii) by redesignating subparagraphs (I), (J), (E) projects and productions that will en- (B) by redesignating paragraphs (6) and (7) (K), and (L) as subparagraphs (H), (I), (J), courage public knowledge, education, under- as paragraphs (5) and (6), respectively. and (K), respectively. standing, and appreciation of the arts; (8) JAPAN-UNITED STATES FRIENDSHIP COM- (14) ELEMENTARY AND SECONDARY EDU- (F) workshops that will encourage and de- MISSION.—Section 4(a) of the Japan-United CATION ACT OF 1965.—The Elementary and Sec- velop the appreciation and enjoyment of the States Friendship Act (22 U.S.C. 2903(a)) is ondary Education Act of 1965 (20 U.S.C. 6301 arts by our Nation’s citizens; amended— et seq.) is amended— (G) programs for the arts at the local level; (A) in paragraph (3) by adding ‘‘and’’ at the (A) in section 2101(b) (20 U.S.C. 6621(b)) by and end, and striking ‘‘the National Endowment for the (H) projects that enhance managerial and (B) by redesignating paragraph (5) as para- Arts,’’, organizational skills and capabilities. graph (4). (B) in section 2205(c)(1)(D) (20 U.S.C. (2) PAYMENTS AND AVAILABILITY.—Grant (9) STANDARDS AND SYSTEMS FOR OUTDOOR 6645(c)(1)(D)) by striking ‘‘the National En- funds awarded to a State under this section ADVERTISING SIGNS.—Section 131(q)(1) of title dowment for the Arts,’’, shall be paid to the Governor of the State. 23, United States Code, is amended by strik- (C) in section 2208(d)(1)(H)(v) (20 U.S.C. The Governor shall make the grant funds ing ‘‘including the National Endowment for 6648(d)(1)(H)(v))— available to the Governor’s office, the State the Arts,’’. (i) by inserting ‘‘and’’ after ‘‘Services,’’ the arts council or commission, or the State leg- (10) INTERNATIONAL CULTURE AND TRADE second place it appears, and islature. CENTER COMMISSION.—Section 7(c)(1) of Fed- (ii) by striking ‘‘, and the National Endow- (3) AMOUNT.—The total amount of grant eral Triangle Development Act (40 U.S.C. ment for the Arts’’, funds awarded to a State under this section 1106(c)(1)) is amended— (D) in section 2209(b)(1)(C)(vi) (20 U.S.C. for a project or production may not exceed 50 (A) by striking subparagraph (I), and 6649(b)(1)(C)(vi)) by striking ‘‘the National percent of the cost of the project or produc- (B) by redesignating subparagraph (J) as Endowment for the Arts,’’, tion, respectively. subparagraph (I). (E) in section 3121(c)(2) (20 U.S.C. 6831(c)(2)) (b) ADMINISTRATIVE AND FISCAL ACCOUNT- (11) LIVABLE CITIES.—The Livable Cities by striking ‘‘the National Endowment for ABILITY.— Act of 1978 (42 U.S.C. 8143 et seq.) is amend- the Arts,’’, (1) AUDIT.— ed— (F) in section 10401 (20 U.S.C. 8091)— (A) IN GENERAL.—A State shall audit the (A) in section 804 (42 U.S.C. 8143)— (i) in subsection (d)(6) by striking ‘‘the Na- State expenditures from amounts received (i) in paragraph (4) by inserting ‘‘and’’ at tional Endowment for the Arts,’’, and under this section. Such audit shall— the end, (ii) in subsection (e)(2) by striking ‘‘the Na- (i) determine the extent to which such ex- (ii) by striking paragraphs (5) and (7), and tional Endowment for the Arts,’’, penditures were or were not expended in ac- (iii) in paragraph (6)— (G) in section 10411(a) (20 U.S.C. 8101(a))— cordance with this section; and

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9350 CONGRESSIONAL RECORD — SENATE September 15, 1997 (ii) be conducted by an approved entity (as agency may promulgate regulations or issue and sound recordings, and any other activi- defined in subparagraph (B)) in accordance rules regarding this section. ties involving the execution or rendition of with generally accepted auditing principles. (6) COMPLIANCE.—If the Secretary of the the arts. (B) DEFINITION OF APPROVED ENTITY.—For Treasury determines that a State, or a re- (4) PROJECT.—The term ‘‘project’’ means purposes of subparagraph (A), the term ‘‘ap- cipient of any proceeds of grant funds made programs organized to carry out this section, proved entity’’ means an entity that is— available under this section, has failed to including programs to foster American artis- (i) approved by the Secretary of the Treas- comply with a provision of this section, the tic creativity, to commission works of art, ury; Secretary of the Treasury shall notify the to create opportunities for individuals to de- (ii) approved by the Governor of the State; Governor of the State and shall request the velop artistic talents when carried on as a and Governor to secure compliance with such part of a program otherwise included in this (iii) independent of any agency admin- provision. If, not later than 60 days after re- definition, and to develop and enhance public istering activities funded under this section. ceiving such notification, the Governor fails knowledge and understanding of the arts. (C) SUBMISSION.—Not later than 30 days fol- or refuses to secure compliance, the Sec- Such term includes, where appropriate, rent- lowing the completion of an audit under this retary of the Treasury may take such action al or purchase of facilities, purchase or rent- subsection, a State shall submit a copy of as the Secretary determines necessary to se- al of land, and acquisition of equipment. the audit to the State legislature and to the cure compliance. Such term also includes the renovation of fa- Secretary of the Treasury. (c) CONDITIONS ON USE OF FUNDS.— cilities if the amount of the expenditure of (D) REPAYMENT AND PENALTY.—Each State (1) IN GENERAL.—Notwithstanding any Federal funds for such purpose in the case of or recipient of any proceeds of grant funds other provision of law, grant funds made any project does not exceed $250,000. made available under this section shall pay available under this section and the proceeds (5) SECRETARY.—The term ‘‘Secretary’’ to the United States amounts ultimately of the grant funds may not be used to pro- means the Secretary of the Treasury. found by the approved entity under para- mote, disseminate, sponsor, or produce any (6) STATE.—The term ‘‘State’’ means any of graph (1)(A) not to have been expended in ac- project or production that— the several States of the United States, the cordance with this section plus 10 percent of (A) denigrates the religious objects or reli- District of Columbia, the Commonwealth of such amount as a penalty, or the Secretary gious beliefs of the adherents of a particular Puerto Rico, Guam, American Samoa, the of the Treasury may offset such amounts religion; or United States Virgin Islands, and the Com- plus the 10 percent penalty against any (B) depicts or describes, in a patently of- monwealth of the Northern Mariana Islands. fensive way, sexual or excretory activities or amount that the State or recipient, respec- (f) REPORT BY INSPECTOR GENERAL.—The tively, may be eligible to receive under this organs. Inspector General of the Department of the TRICT APPLICATION.—The prohibition section. (2) S Treasury shall submit to Congress a report described in paragraph (1) shall be strictly (2) REQUIREMENTS FOR SINGLE AUDITS.—The describing the extent to which States and applied without regard to the content or provisions of chapter 75 of title 31, United the recipients of any proceeds of grant funds viewpoint of the project or production. States Code, shall apply to the audit require- made available under subsection (a) comply (d) ALLOTMENT OF FUNDS.— ments of this section. with the requirements of this section. (3) STATE REPORTS.— (1) RESERVATION FOR ADMINISTRATIVE (g) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—A State shall prepare a COSTS.—From the sum appropriated under subsection (g) the Secretary shall reserve There is authorized to be appropriated to comprehensive report regarding the activi- carry out this section $100,060,000 for fiscal ties carried out with amounts received by not more than $1,000,000 for the administra- year 1998. the State under this section. tive costs of the Department of the Treas- (B) REQUIREMENTS.—Reports prepared ury. under this subsection— (2) MINIMUM ALLOTMENT.—From the sum ASHCROFT (AND OTHERS) (i) shall be in accordance with generally appropriated under subsection (g) and not re- AMENDMENT NO. 1188 served under paragraph (1), the Secretary accepted accounting principles, including Mr. ASHCROFT (for himself, Mr. the provisions of chapter 75 of title 31, first shall allot— United States Code; (A) $500,000 to each State; and HELMS, Mr. BROWNBACK, Mr. SESSIONS, (ii) shall include the results of the most re- (B) $200,000 to each of the Commonwealth and Mr. INHOFE) proposed an amend- cent audit conducted in accordance with the of Puerto Rico, Guam, American Samoa, the ment to the bill, H.R. 2107, supra; as requirements of paragraph (1); and United States Virgin Islands, and the Com- follows: (iii) shall be in such form and contain such monwealth of the Northern Mariana Islands. Beginning on page 96, strike line 14 and all other information as the State deems nec- (3) ALLOTMENT OF REMAINDER.—From the that follows through page 97, line 8. essary— sum appropriated under subsection (g), not (I) to provide an accurate description of reserved under paragraph (1), and not allot- f such activities; and ted under paragraph (2), the Secretary shall THE FOOD AND DRUG ADMINIS- (II) to secure a complete record of the pur- allot to each State an amount that bears the TRATION MODERNIZATION AND poses for which amounts were expended in same relation to the sum as the population ACCOUNTABILITY ACT OF 1997 accordance with this section. of the State bears to the population of all PRESCRIPTION DRUG USERS FEE (C) AVAILABILITY OF REPORTS.—A State States. shall make copies of the reports required (4) STATE ADMINISTRATIVE COSTS.—A State REAUTHORIZATION ACT OF 1997 under this subsection available for public in- may use not more than 15 percent of the spection within the State. Copies also shall funds allotted under paragraph (3) for admin- be provided upon request to any interested istrative costs. HUTCHINSON AMENDMENT NO. 1189 public agency, and each such agency may (5) DEFINITION OF STATE.—Notwithstanding (Ordered to lie on the table.) provide such agency’s views on such reports subsection (e) and for the purposes of para- Mr. HUTCHINSON submitted an to Congress. graphs (2)(A) and (3), the term ‘‘State’’ amendment intended to be proposed by (4) SUPERVISION.— means each of the several States of the (A) IN GENERAL.— United States and the District of Columbia. him to the bill, S. 830, supra; as fol- (i) REQUIREMENT.—The Secretary of the (e) DEFINITIONS.—In this section: lows: Treasury shall supervise the amounts re- (1) ARTS.—The term ‘‘arts’’ includes, but is In lieu of the matter proposed to be in- ceived under this part in accordance with not limited to, music (instrumental and serted, insert the following: clause (ii). vocal), dance, drama, folk art, creative writ- SEC. . APPLICATION OF FEDERAL LAW TO THE (ii) LIMITATION.—The supervision by the ing, architecture and allied fields, painting, PRACTICE OF PHARMACY Secretary of the Treasury shall be limited sculpture, photography, graphic and craft COMPOUNDING. to— arts, costume and fashion design, motion Section 503 (21 U.S.C. 353) is amended by (I) making grant payments to the States; pictures, television, radio, film, video, tape adding at the end the following: (II) approving the entities referred to in and sound recording, the arts related to the ‘‘(h)(1) Sections 501(a)(2)(B), 502(f)(1), 502(l), paragraph (1)(B); and presentation, performance, execution, and 505, and 507 shall not apply to a drug product (III) withholding payment to a State based exhibition of such major art forms, all those if— on the findings of such an entity in accord- traditional arts practiced by the diverse peo- ‘‘(A) the drug product is compounded for ance with paragraph (1)(C)(ii). ples of this country, and the study and appli- an identified individual patient, based on a (B) SPECIAL RULE.—No administrative offi- cation of the arts to the human environ- medical need for a compound product— cer or agency of the United States, other ment. ‘‘(i) by a licensed pharmacist in a State li- than the Secretary of the Treasury shall su- (2) GOVERNOR.—The term ‘‘Governor’’ censed pharmacy or a Federal facility, or a pervise the amounts received by the States means the chief executive officer of a State. licensed physician, on the prescription order under this section or the use of such (3) PRODUCTION.—The term ‘‘production’’ of a licensed physician or other licensed amounts by the States. means plays (with or without music), ballet, practitioner authorized by State law to pre- (5) PROHIBITION.—With the exception of the dance and choral performances, concerts, re- scribe drugs; or Department of the Treasury as provided for citals, operas, exhibitions, readings, motion ‘‘(ii) by a licensed pharmacist or licensed in this section, no Federal department or pictures, television, radio, film, video tape physician in limited quantities, prior to the

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9351 receipt of a valid prescription order for the whichever occurs first. we would use enhanced oil recovery identified individual patient, and is com- ‘‘(3) The Secretary, after consultation with techniques. pounded based on a history of the licensed the United States Pharmacopeia Convention pharmacist or licensed physician receiving Incorporated, shall promulgate regulations In 1989, I also told the Senate that it valid prescription orders for the limiting compounding under paragraph would be possible to recover another 20 compounding of the drug product that have (1)(B)(i)(I)(bb) to drug substances that are billion barrels of oil from our same oil been generated solely within an established components of drug products approved by fields of existing wells if enhanced oil relationship between the licensed phar- the Secretary and to other drug substances recovery techniques were used. Since macist, or licensed physician, and— as the Secretary may identify. our known recoverable reserves at that ‘‘(4) The provisions of paragraph (1) shall ‘‘(I) the individual patient for whom the time were in the neighborhood of 28 bil- prescription order will be provided; or not apply— ‘‘(II) the physician or other licensed practi- ‘‘(A) to compounded positron emission to- lion barrels, the potential was, and tioner who will write such prescription mography drugs as defined in section 201(ii); still is, significant. order; and or At that time, the Department of En- ‘‘(B) the licensed pharmacist or licensed ‘‘(B) to radiopharmaceuticals. ergy conducted extensive studies show- physician— ‘‘(5) In this subsection, the term ‘com- ‘‘(i) compounds the drug product using pound’ does not include to mix, reconstitute, ing that if a 15-percent investment tax bulk drug substances— or perform another similar act, in accord- credits were enacted, it could result in ‘‘(I) that— ance with directions contained in approved the recovery of additional reserves for ‘‘(aa) comply with the standards of an ap- drug labeling provided by a drug manufac- as little cost to the Treasury as $1 per plicable United States Pharmacopeia or Na- turer.’’. additional barrel recovered—assuming tional Formulary monograph; or f $20 per barrel oil. ‘‘(bb) in a case in which such a monograph does not exist, are drug substances that are NOTICES OF HEARINGS For each and every dollar of Federal covered by regulations issued by the Sec- COMMITTEE ON ENERGY AND NATURAL revenue invested in EOR incentives, retary under paragraph (3); RESOURCES the trade deficit would be reduced by ‘‘(II) that are manufactured by an estab- Mr. MURKOWSKI. Mr. President, I $24 to $76 dollars according to the same lishment that is registered under section 510 DOE studies. (including a foreign establishment that is would like to announce for the infor- registered under section 510(i)); and mation of the Senate and the public States with significant EOR poten- ‘‘(III) that are accompanied by valid cer- that the nominations hearing pre- tial include California, Texas, New tificates of analysis for each bulk drug sub- viously scheduled before the full Com- Mexico, and Oklahoma. Other States stance; mittee on Energy and Natural Re- with reserves include Arkansas, Colo- ‘‘(ii) compounds the drug product using in- sources on Thursday, September 18, rado, Florida, Illinois, Kansas, Lou- gredients (other than bulk drug substances) 1997, at 9:30 a.m. will now take place at isiana, Mississippi, Montana, North Da- that comply with the standards of an appli- cable United States Pharmacopeia or Na- 9 a.m. in room SE–366 of the Dirksen kota, Utah, and Wyoming. tional Formulary monograph and the United Senate Office Building in Washington, In 1990, the Congress enacted tax in- States Pharmacopeia chapter on pharmacy DC. centives to encourage enhanced oil re- compounding; For further information, please call covery so that more of this vast re- ‘‘(iii) only advertises or promotes the Camille Flint at (202) 224–5070. source could be recovered and put to compounding service provided by the li- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS good use. I am proud to have been the censed pharmacist or licensed physician and Ms. COLLINS. Mr. President, I would does not advertise or promote the primary sponsor of that legislation. like to announce for the information of compounding of any particular drug, class of As a Senator, one of the greatest re- the Senate and the public that the Per- drug, or type of drug; wards is seeing a new law make the manent Subcommittee on Investiga- ‘‘(iv) does not compound a drug product world a better place. During the Au- that appears on a list published by the Sec- tions of the Committee on Govern- gust recess I had this rewarding experi- retary in the Federal Register of drug prod- mental Affairs, will hold hearings on ence. I also saw the predictions of the ucts that have been withdrawn or removed ‘‘Emerging Securities Fraud: Fraud In theoretical studies proven up in the from the market because such drug products The Micro-Capital Markets.’’ real world. or components of such drug products have This hearing will take place on Mon- been found to be unsafe or not effective; I toured the Texaco enhanced oil re- ‘‘(v) does not compound a drug product day, September 22, 1997, at 1:30 p.m. in that is identified by the Secretary in regula- room 342 of the Dirksen Senate Office covery project located in Buckeye, NM. tion as presenting demonstrable difficulties Building. For further information, The technical name of the project is for compounding that reasonably dem- please contact Timothy J. Shea of the the ‘‘Central Vacuum Unit CO2 onstrate an adverse effect on the safety or subcommittee staff at 224–3721. project.’’ effectiveness of that drug product; and f This particular oil field was discov- ‘‘(vi) does not distribute compounded drugs ered in 1929. Primary oil recovery tech- outside of the State in which the drugs are ADDITIONAL STATEMENTS compounded, unless the principal State niques were used until 1977. Beginning agency of jurisdiction that regulates the in 1977, the field was transformed into practice of pharmacy in such State has en- ENHANCED OIL RECOVERY a waterflood operation. Waterflood is a tered into a memorandum of understanding PROJECTS PROGRESS secondary oil recovery technique. The with the Secretary regarding the regulation waterflood technology sustained and ∑ Mr. DOMENICI. Mr. President, in of drugs that are compounded in the State enhanced production for awhile, but it 1989, I stood on the Senate floor and and are distributed outside of the State, that was evident that either the oil wells in urged the Senate to enact tax incen- provides for appropriate investigation by the the field would be shut-in and the field- State agency of complaints relating to com- tives for enhanced oil recovery tech- shut down leaving behind a significant pounded products distributed outside of the niques. State. At that time, I told my colleagues amount of oil, or enhanced oil recovery ‘‘(2)(A) The Secretary shall, after consulta- that traditional drilling techniques methods could prolong economic levels tion with the National Association of Boards were leaving behind 70 percent of the of production. One very promising en- of Pharmacy, develop a standard memo- hanced oil recovery technique involves randum of understanding for use by States in resource when traditional drilling and injecting the wells with CO2. complying with paragraph (1)(B)(vi). pumping was completed. To me, this ‘‘(B) Paragraph (1)(B)(vi) shall not apply to was wasteful, foolish, and unnecessary. CO2 injection is an enhanced oil re- a licensed pharmacist or licensed physician, It is wasteful to leave the oil behind. covery technique eligible for a 15-per- who does not distribute inordinate amounts It is foolish because the United cent Federal investment tax credit. of compounded products outside of the State, States has a growing appetite for en- Using CO2 is going to significantly ex- until— ergy. We are currently importing close tend the life of this mature field by ‘‘(i) the date that is 180 days after the de- to half of the energy we use from an more than 20 years. The project will re- velopment of the standard memorandum of understanding; or area of the world renowned for political cover an additional 20 million barrels ‘‘(ii) the date on which the State agency instability. of oil and 23 billion cubic feet of gas enters into a memorandum of understanding It is unnecessary because we have the that otherwise would have been left be- under paragraph (1)(B)(vi), technology to recover the resource if hind.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9352 CONGRESSIONAL RECORD — SENATE September 15, 1997 Texaco is the operator of this ate colleagues join me in celebrating allow companies operating substan- project. Marathon Oil, Phillips Petro- the sixth anniversary of Ukrainian tially overseas to deceive American leum, Mobil Exploration and Produc- independence.∑ consumers who are attempting to sup- tion U.S. Inc., and 15 others are inter- f port truly American made products est owners in the project. and workers. It would discourage com- New Mexico is blessed with magnifi- PROTECT TRUTH IN LABELING panies from investing in this country cent oil and gas reserves. It is doubly ∑ Mr. ABRAHAM. Mr. President, last by telling them, in effect, that they blessed because it is also the home to Thursday, Senator HOLLINGS and I in- will no longer receive any benefit for the New Mexico Institute of Mining troduced a resolution that aims to pro- keeping jobs at home. The result would and Technology Petroleum Recovery tect truth in labeling and, specifically, be a loss of American jobs and morale, Research Center. The center has served the integrity of the ‘‘Made in USA’’ as well as a critical blow to consumer as a focal point for development and label. It would express the sense of confidence in the veracity of product application of improved oil and gas re- Congress that the Federal Trade Com- labels. covery processes. They have a world-re- mission should retain the current Mr. President, the American people nowned reputation as one of the lead- standard for labeling products ‘‘Made have a right to expect that the ‘‘Made ing petroleum research centers. They in USA.’’ in USA’’ label will mean what it says. were very helpful in developing the For over 50 years now, Mr. President, For over 50 years they have depended original legislation. consumer goods have been labeled on that label to assure them that they In every oil- and gas-producing State, ‘‘Made in USA’’ when, and only when, are purchasing products made all or there are aging oil and gas fields with they were made all or virtually all in virtually all in the United States. I declining production, that could be the United States. But recently the urge my colleagues to join me in send- made more productive using enhanced FTC announced plans to allow compa- ing the message to the FTC that we oil recovery techniques. I am pleased nies to use the ‘‘Made in USA’’ label on must keep things that way.∑ that there is a fine example in New products for which U.S. manufacturing f costs represent as little as 75 percent of Mexico. It is providing 100 jobs in addi- APPOINTMENTS BY THE VICE total manufacturing costs and the tion to adding to our energy security.∑ PRESIDENT f product was last substantially trans- formed in the United States. Alter- The PRESIDING OFFICER. The UKRAINIAN INDEPENDENCE DAY natively, a product could be labeled Chair, on behalf of the Vice President, ∑ Mr. LEVIN. Mr. President, I rise ‘‘Made in USA’’ if it was last substan- pursuant to 22 U.S.C. 276d–276g, as today to honor Ukrainian Independ- tially transformed in the United States amended, appoints the following Sen- ence Day. Since its independence on and all its significant inputs were last ators as members of the Senate delega- August 24, 1991, The Ukrainian Govern- substantially transformed in the tion to the Canada-United States Inter- ment has taken several bold steps to United States. parliamentary Group during the first reform the country after many years of In practice, Mr. President, this session of the 105th Congress, to be Soviet rule. We should take this oppor- means that products containing no ma- held in Nova Scotia and Prince Edward tunity today to review the success that terials or parts of U.S. origin could Island, Canada, September 11–15, 1997: Ukraine has recently experienced. nonetheless be labeled as ‘‘Made in The Senator from Utah [Mr. MUR- In 1994, Ukraine held legislative and USA.’’ Should the company expend 75 KOWSKI], Chairman; The Senator from Utah [Mr. HATCH]; Presidential elections. These elections percent of its manufacturing costs or The Senator from Iowa [Mr. GRASS- were carried out in an open and fair engage in the final substantive assem- LEY]; manner that bodes well for stable de- bly or other modification of the prod- The Senator from Indiana [Mr. mocracy in Ukraine. Ukraine now ex- uct in the United States, it could dis- COATS]; hibits signs of a healthy democracy, in- play the ‘‘Made in USA’’ label on the The Senator from Ohio [Mr. DEWINE]; cluding the existence of multiple inter- product, even if its entire content, in- and ests represented within the Govern- cluding manufactured parts, came from The Senator from Wyoming [Mr. ment, and last year, Ukraine over- overseas. ENZI]. whelmingly enacted a new constitution In my view, Mr. President, such rules f which guarantees the right of private would in effect condone false adver- ownership. tising. Many Americans look specifi- REMOVAL OF INJUNCTION OF SE- Ukraine has also focused on reform- cally for the ‘‘Made in USA’’ label be- CRECY—TREATY DOCUMENT NO. ing its economy with some significant cause they want to support American 105–26 results. The Government has taken workers. These loyal Americans do not Mr. BENNETT. Mr. President, as in steps to improve the investment cli- believe that they are purchasing prod- executive session, I ask unanimous mate in Ukraine. In order to further ucts mostly made in the USA, let alone consent that the injunction of secrecy promote privatization, the President of products for which most manufac- be removed from the following treaty Ukraine signed the State Privatization turing costs were incurred in the USA, transmitted to the Senate on Sep- Program for 1997. Ukraine also or which were substantially trans- tember 15, 1997, by the President of the launched a new currency, the hryvna, formed in the USA. Quite rightly, con- United States: and inflation has been reduced dra- sumers who look for the ‘‘Made in Protocol with Mexico Amending Con- matically. USA’’ label believe that in purchasing vention for Protection of Migratory Ukraine’s efforts on security issues a product with that label they are get- Birds (Treaty Document No. 105–26). may be its most successful. The Gov- ting something made all or virtually I further ask that the treaty be con- ernment has been rightfully lauded for all in the United States. sidered as having been read the first its efforts to rid Ukrainian soil of nu- Also important, Mr. President, are time; that it be referred, with accom- clear weapons by faithfully following the expectations of the many compa- panying papers, to the Committee on guidelines under the START I Treaty nies that have made substantial invest- Foreign Relations and ordered to be and other agreements. And, by joining ments in plant and equipment, as well printed; and that the President’s mes- the Partnership for Peace Program for as hiring and training, in the United sages be printed in the RECORD. NATO membership, Ukraine has shown States. These companies have a right The PRESIDING OFFICER. Is there its determination to contribute to the to expect that the ‘‘Made in USA’’ objection? security of Europe. label, which they have worked so hard Without objection, it is so ordered. The people of Ukraine deserve our ad- to earn and maintain, will continue to The message of the President is as miration and support for the fine work apply only to products made all, or vir- follows: they have done in such a short period tually all, in the United States. To the Senate of the United States: of time. The Ukrainian-American com- To dilute the requirement for use of With a view to receiving the advice munity in Michigan is in the front the ‘‘Made in USA’’ label would be to and consent of the Senate to ratifica- ranks of such support. I know my Sen- lower the value of that label. It would tion, I transmit herewith the Protocol

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9353 Between the Government of the United PROGRAM MICHAEL R. KELLEY, 0000 JOHN A. WATSON, 0000 States of America and the Government Mr. BENNETT. Tomorrow morning DAVID A. DURHAM, 0000 of the United Mexican States Amend- LEONARD R. RADZIWANOWICZ, 0000 when the Senate convenes, there will MICHAEL N. PARKS, 0000 ing the Convention for the Protection be 30 minutes of debate prior to a vote CRAIG A. BENNETT, 0000 of Migratory Birds and Game Mam- DOUGLAS G. RUSSELL, 0000 on the motion to invoke cloture on the THOMAS R. HALE, 0000 mals, signed at Mexico City on May 5, pending substitute amendment to S. GEORGE P. HANNIFIN, 0000 1997 (‘‘the Mexico Protocol’’). I trans- JAMES L. MC DONALD, 0000 830, the FDA reform bill. Senators KEVIN M. O’DAY, 0000 mit also, for the information of the should, therefore, anticipate the first WILLIAM J. DIEHL, 0000 Senate, the report of the Department TERRY A. BICKHAM, 0000 rollcall vote tomorrow morning at ap- MORRIS B. STEWART, 0000 of State with respect to the Mexico proximately 10 a.m. BRIAN D. KELLEY, 0000 Protocol. THOMAS F. ATKIN, 0000 If cloture is invoked, it is the major- JOSEPH A. SERVIDIO, 0000 In concert with a similar Protocol ity leader’s hope that the Senate can JOSEPH P. SEEBALD, 0000 between the Government of the United EDWARD W. GREINER, 0000 States and Canada, the Mexico Pro- conclude action on the FDA bill in a JEFFREY S. HAMMOND, 0000 reasonable timeframe on Tuesday. JOHN M. WEBER, 0000 tocol represents a considerable CHARLEY L. DIAZ, 0000 achievement for the United States in Under the consent agreement, all Sen- FRED M. MIDGETTE, 0000 ators have until 10 a.m. in order to file MARK J. DANDREA, 0000 conserving migratory birds and bal- JEFFREY S. GRIFFIN, 0000 ancing the interests of conservation- second-degree amendments to the FDA WILLIAM M. RANDALL, 0000 bill. CHARLES A. MATHIEU, 0000 ists, sports hunters, and indigenous EVAN Q. KAHLER, 0000 people. The Protocol should further en- The Senate will also resume consid- SANDRA L. STOSZ, 0000 eration of the Interior appropriations GEORGE P. CUMMINGS, 0000 hance the management of and protec- FRED T. WHITE, 0000 tion of this important resource for the bill. Therefore, Senators can expect ad- ANDREW J. BERGHORN, 0000 ditional votes on Tuesday following the STEPHEN P. METRUCK, 0000 benefit of all users. VINCENT B. ATKINS, 0000 The Mexico Protocol is particularly cloture vote. THOMAS S. MORRISON, 0000 This week, the Senate may also con- THOMAS A. ABBATE, 0000 important because it will permit the ROGER E. DUBUC, 0000 full implementation of the Protocol sider the D.C. appropriations bill, as MICHAEL E. LEHOCKY, 0000 well as any legislative or executive EDWARD SINCLAIR, 0000 Amending the 1916 Convention for the MARK S. TORRES, 0000 Protection of Migratory Birds in Can- items that can be cleared for action. DAVID R. CALLAHAN, 0000 MICHAEL E. SULLIVAN, 0000 ada and the United States (‘‘the Can- f LANCE O. BENTON, 0000 ada Protocol’’) that is pending before ROBERT G. MUELLER, 0000 ADJOURNMENT UNTIL 9:30 A.M. HAL R. SAVAGE, 0000 the Senate at this time. The Canada TOMORROW RUDY T. HOLM, 0000 Protocol is an important agreement DAVID D. SIMMS, 0000 RONALD E. KAETZEL, 0000 that addresses the management of a Mr. BENNETT. Mr. President, if STEVEN R. BAUM, 0000 spring/summer subsistence hunt of wa- there is no further business to come be- LYLE A. RICE, 0000 JOSEPH M. HANSON, 0000 terfowl in communities in Alaska and fore the Senate, I now ask that the JAMES B. MC PHERSON, 0000 northern Canada. The Mexico Protocol Senate stand in adjournment under the STEPHEN M. WHEELER, 0000 RICHARD G. BRUNKE, 0000 conforms the Canadian and Mexican previous order. LEONARD L. RITTER, 0000 migratory bird conventions in a man- There being no objection, the Senate, MARK M. CAMPBELL, 0000 FRED R. CALL, 0000 ner that will permit a legal and regu- at 6:11 p.m., adjourned until Tuesday, CHRISTOPHER W. DOANE, 0000 lated spring/summer subsistence hunt September 16, 1997, at 9:30 a.m. MICHAEL A. HAMEL, 0000 PEYTON A. COLEMAN, 0000 in Canada and the United States. f STEVEN C. TAYLOR, 0000 I recommend that the Senate give MICHAEL D. DAWE, 0000 NOMINATIONS FRANK M. REED, 0000 early and favorable consideration to THOMAS M. HEITSTUMAN, 0000 the Protocol and give its advice and Executive nominations received by THOMAS E. ATWOOD, 0000 MICHAEL E. KENDALL, 0000 consent to ratification. the Senate September 15, 1997: ROBERT L. DESH, 0000 WILLIAM J. CLINTON. IN THE COAST GUARD DANIEL B. ABEL, 0000 THE WHITE HOUSE, September 15, 1997. RICHARD T. GROMLICH, 0000 THE FOLLOWING-NAMED OFFICERS OF THE U.S. COAST LINCOLN D. STROH, 0000 f GUARD PERMANENT COMMISSIONED TEACHING STAFF KEITH A. TAYLOR, 0000 AT THE COAST GUARD ACADEMY FOR APPOINTMENT TO MARK R. HIGGINS, 0000 MEASURE PLACED ON THE GRADE INDICATED IN THE U.S. COAST GUARD FREDERICK W. TUCHER, 0000 CALENDAR—S. 1178 UNDER TITLE 14, UNITED STATES CODE, SECTION 189: KRISTY L. PLOURDE, 0000 To be commander RICHARD D. BELISLE, 0000 Mr. BENNETT. Mr. President, I ask MAURA S. ALBANO, 0000 STEPHEN E. FLYNN, 0000 DAVID H. GORDNER, 0000 unanimous consent that S. 1178, intro- JONATHAN C. RUSSELL, 0000 PAUL E. WIEDENHOEFT, 0000 duced earlier today by Senators ABRA- MICHAEL A. ALFULTIS, 0000 JOHN C. ODELL, 0000 VINCENT WILCZYNSKI, 0000 KARL L. SCHULTZ, 0000 HAM and KENNEDY, be placed on the cal- BRUCE L. TONEY, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TERRY A. BOYD, 0000 endar. TO THE GRADE INDICATED IN THE U.S. COAST GUARD EDWIN B. THIEDEMAN, 0000 The PRESIDING OFFICER. Without UNDER TITLE 14 UNITED STATES CODE, SECTION 271: KENNETH K. MOORE, 0000 objection, it is so ordered. MATHEW D. BLIVEN, 0000 To be commander TODD GENTILE, 0000 f FRANK M. PASKEWICH, 0000 RICHARD K. MURPHY, 0000 ANTHONY S. REYNOLDS, 0000 EUGENE GRAY, 0000 ORDERS FOR TUESDAY, THEODORE A. BULL, 0000 JOHN J. JENNINGS, 0000 SEPTEMBER 16, 1997 TIMOTHY F. MANN, 0000 ROBERT M. PYLE, 0000 GARY M. ALEXANDER, 0000 IN THE ARMY Mr. BENNETT. Mr. President, I ask GREGORY R. HAACK, 0000 unanimous consent that when the Sen- MARK P. O’MALLY, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ROBERT M. PALATKA, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- ate completes its business today, it JOHN J. COOK, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- stand in adjournment until the hour of MARK A. ROSE, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION JOHN F. KAPLAN, 0000 601: 9:30 a.m. on Tuesday, September 16. I TIMOTHY M. CLOSE, 0000 PAMELA A. RUSSELL, 0000 To be general further ask that on Tuesday, imme- WILLIAM T. DEVEREAUX, 0000 diately following the prayer, the rou- MATTHEW J. GLOMB, 0000 LT. GEN. PETER J. SCHOOMAKER, 0000 DAVID C. EKY, 0000 tine requests through the morning STEPHEN A. BILLIAN, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT hour be granted and the Senate imme- MARK E. BUTT, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- PETER S. SIMONS, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- diately resume consideration of S. 830, THADDEUS G. SLIWINSKI, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION the FDA reform bill. STEVEN R. CORPORON, 0000 601: JAMES Y. POYER, 0000 The PRESIDING OFFICER. Without VINCE S. SEDWICK, 0000 To be lieutenant general objection, it is so ordered. EUGENE F. CUNNINGHAM, 0000 MAJ. GEN. WILLIAM J. BOLT, 0000 Mr. BENNETT. I further ask unani- JOSEPH E. MIHELIC, 0000 STEVEN E. CARLSON, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT mous consent that the Senate recess MICHAEL C. COSENZA, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- from 12:30 to 2:15 p.m. on Tuesday for RAYMOND J. PETOW, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- DANIEL J. MC CLELLAN, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION the weekly policy conferences to meet. ARTHUR C. WALSH, 0000 601:

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 9801 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9354 CONGRESSIONAL RECORD — SENATE September 15, 1997 To be lieutenant general BARBARA S. GSCHEIDLE, 0000 ERIC H. BRANDENBURG, 0000 JANET R. HARRIS, 0000 RICHARD L. BRASEL, 0000 MAJ. GEN. JACK P. NIX, JR., 0000 NANCY E. HENDERSON, 0000 RICHARD P. BRECKENRIDGE, 0000 CARL E. HENDRICKS, 0000 ROBERT J. BRENNAN, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT DOUGLAS HEWITT, 0000 STEPHEN G. BRENNAN, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- NOLAN J. HINSON, 0000 WILLIAM D. BRENNAN, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- STEPHEN J. JANNY, 0000 ROBERT A. BREWER, JR., 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION LEIF G. JOHNSON, 0000 TIMOTHY B. BREWER, 0000 601: MICHAEL G. JOHNSON, 0000 KRISTINE A. BRIDGES, 0000 To be lieutenant general MICHAEL B. KELLEY, 0000 BRUCE W. BRISSON, 0000 JOHN G. KITSOPOULOS, 0000 STEVEN G. BROCKETT, 0000 MAJ. GEN. LARRY R. JORDAN, 0000 LARRY K. LEWIS, 0000 JENNIFER E. BROOKS, 0000 LAWRENCE K. LIGHTNER, 0000 MICHAEL G. BROOKS, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT GEORGE D. M AGEE, 0000 THOMAS L. BROWN, II, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED UNDER JAMES F. MC GAHA, 0000 JOHN L. BUCKLES, 0000 TITLE 10, UNITED STATES CODE, SECTION 624. LAURIE A. MC NABB, 0000 FREDERICK B. BUONI, II, 0000 To be brigadier general EUGENE A. MILLER, 0000 EDWIN J. BURDICK, 0000 DAVID T. MOONAN, 0000 STEPHEN V. BURKE, 0000 COL. HENRY W. STRATMAN, 0000 SHIRLEY I. NEWCOMB, 0000 WILLIAM N. BURNETTE, 0000 LYNN E. NORMAN, 0000 JERRY K. BURROUGHS, 0000 IN THE MARINE CORPS JOHN P. OBUSEK, 0000 JERILYN B. BUSCH, 0000 STEPHEN L. BUSS, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT GERALD L. ONEY, 0000 BONNIE S. PEARSON, 0000 RICHARD W. BUTLER, 0000 IN THE U.S. MARINE CORPS TO THE GRADE INDICATED MICHAEL W. BYMAN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MYRON V. PIZIAK, 0000 DIANE J. PLEMENIK, 0000 JAMES J. BYRNE, JR., 0000 RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, MARK D. CAHILL, 0000 SECTION 601: THOMAS N. POOL, 0000 BILLIE J. RANDOLPH, 0000 MAUREEN M. CAHILL, 0000 To be lieutenant general VALERIE J. RICE, 0000 KENT G. CALDWELL, 0000 RONALD M. ROSENBERG, 0000 ALFRED J. CAMP, JR., 0000 SHARON B. L. CAMPBELL, 0000 LT. GEN. PETER PACE, 0000 DAVID A. RUBENSTEIN, 0000 WELDON J. CAMPBELL, JR., 0000 RAMON M. SANCHEZ, 0000 IN THE ARMY RENE A. CAMPOS, 0000 CARL E. SETTLES, 0000 MICHAEL A. CAPASSO, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JAMES G. SOLOMON, 0000 JOSEPH G. CAPSTAFF, 0000 TO THE GRADE INDICATED IN THE U.S. ARMY UNDER CLARENCE D. VESELY, 0000 CHRISTOPHER A. CARBOTT, 0000 TITLE 10, UNITED STATES CODE, SECTIONS 624 AND 628: ARTHUR P. WALLACE, 0000 RONALD R. CARLSON, 0000 JOHNNY L. WEST, 0000 EDWARD P. CARROLL, II, 0000 To be lieutenant colonel CYNTHIA A. WOODLING, 0000 EVON B. CARTER, 0000 NANCY A. WOOLNOUGH, 0000 RAFAEL LARA, JR., 0000 EMIL C. CASCIANO, 0000 LINDA H. YODER, 0000 BENJAMIN A. CATHEY, 0000 THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF ANTHONY W. YOUNG, 0000 NEIL A. CATLETT, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO IN THE NAVY RICHARD G. CATOIRE, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY CHARLES F. CAUDILL, JR., 0000 UNDER TITLE 10, UNITED STATES CODE, SECTIONS 12203 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT RICHARD C. CECCONI, 0000 AND 12211: TO THE GRADE INDICATED IN THE U.S. NAVY UNDER GEORGE A. J. CHAMBERLAIN, 0000 To be colonel TITLE 10, UNITED STATES CODE, SECTION 624: JAY M. CHESNUT, 0000 To be commander CURTIS S. CHESNUTT, 0000 MORRIS F. ADAMS, JR., 0000 A. P. CHESTER, III, 0000 CAREY B. BUSSEY, 0000 EUGENE M. ABLER, 0000 LONNIE T. CHIDESTER, 0000 JAMES P. DALEY, 0000 GLEN C. ACKERMANN, 0000 JOHN H. CHILTON, JR., 0000 DAVID N. DUNN, 0000 DAVID B. ADLER, 0000 CAROL L. CHRISTMAN, 0000 DORCAS M. EAVES, 0000 ROBERT J. ADRION, 0000 THOMAS M. CLEMONS, III, 0000 BERT W. HOLMES, JR., 0000 RALPH N. ALDERSON, JR, 0000 HUBERT D. CLOPP, 0000 DENNIS D. HULL, 0000 RICHARD K. J. ALEXANDER, 0000 WILLIAM H. COGAN, 0000 DAVID B. JACK, 0000 CHARLES L. ALEY, III, 0000 KENNETH C. COGGINS, 0000 JAMES G. JAJICH, 0000 WILLIAM H. ALL, IV, 0000 JAMES A. COLE, JR., 0000 WILLIAM G. RANSON, 0000 EDWARD T. ALLEN, 0000 PATRICIA COLE, 0000 ROSEMARY A. SEDLACEK, 0000 ROBERT L. ALTEMUS, 0000 THOMAS V. COLE, 0000 WILLIAM A. SIMPSON, JR., 0000 CHARLES J. ALTMAN, 0000 ALFRED COLLINS, 0000 RALPH E. STAPLETON, 0000 JOSE L. ALVAREZ, JR, 0000 JANEANN T. CONLEY, 0000 FRANK A. TREFNY, 0000 JEFFREY C. AMICK, 0000 KENNETH B. CONLEY, 0000 GEORGE W. WILSON, 0000 ROY L. ANDERSON, 0000 CHARLES B. CONNERS, 0000 GUSTAV A. ANDERSON, 0000 MARK E. CONVERSE, 0000 IN THE MARINE CORPS ROBERT G. ANDERSON, 0000 HUGH H. COOK III, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THOMAS X. ANDERSON, 0000 RICHARD H. COOK, 0000 TO THE GRADE INDICATED IN THE U.S. MARINE CORPS MELISSA S. ANDREWS, 0000 TIMOTHY E. COOLIDGE, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624 PHILLIP T. ANGELINI, 0000 WILLIAM T. COONEY, 0000 AND 628: KEVIN S. APEL, 0000 JUSTIN D. COOPER II, 0000 WILLIAM B. ARCHER, 0000 JOHN P. CORAY, 0000 To be major CLAYTON L. ARMSTRONG, 0000 MICHAEL J. CORTESE, 0000 HERB I. ARNOLD, 0000 JOHN J. COSTELLO, 0000 JOHN C. KOTRUCH, 0000 ROBERT A. ARONSON, 0000 RICHARD J. COSTON, 0000 IN THE NAVY MICHAEL L. ARTURE, 0000 JOHN M. COUGHLIN, 0000 WILLIAM R. AULT, 0000 JOHN W. COVELL, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MARK E. BAKOTIC, 0000 BRIEN M. COWAN, 0000 TO THE GRADE INDICATED IN THE U.S. NAVY UNDER MICHAEL R. BARCLIFT, 0000 GEORGE A. COY, 0000 TITLE 10, UNITED STATES CODE, SECTION 624: CHRISTOPHER A. BARNES, 0000 LAWRENCE S. COY, 0000 ROY T. BARNES, JR, 0000 FRANCES K.B. COYLE, 0000 To be captain JEFFREY S. BARTKOSKI, 0000 CALVIN H. CRAIG, 0000 DAVID M. BELT, JR., 0000 RUSSELL J. BARTLETT, 0000 KYLE M. CRAIGIE, 0000 CHARLES J. BURT, JR., 0000 KEITH R. BARTON, 0000 PAUL D. CRAIN, 0000 JOHN S. GWUDZ, 0000 MARK T. BASICH, 0000 JOSEPH D. CREED, 0000 NORMAN D. HOLCOMB, JR., 0000 TIMOTHY A. BATZLER, 0000 THOMAS R. CRIGER, 0000 JOHN S. LINEBACK, 0000 JAMES J. BAUSER, 0000 DALE A. CROTHERS, 0000 PAUL F. MC LAUGHLIN, 0000 FRED C. BEACH, 0000 RICHARD M. CROWELL, 0000 JOHN W. MORRISON, 0000 PHILLIP L. BEACHY, 0000 MICHAEL P. CROWLEY, 0000 R.B. PIERCE, 0000 THOMAS R. BEALL, 0000 STEVEN D. CULPEPPER, 0000 JAMES F. POE, JR., 0000 DAVID F. BEAN, 0000 JEFFREY S. CURRER, 0000 GARY R. POLLITT, 0000 WILLIAM W. BEAUMONT, 0000 RICHARD B. CUTTING, 0000 CHARLES SOTO, 0000 RICHARD R. BECK, 0000 JAMES E. DALBERG, JR., 0000 PHILIP S. SPAIN, 0000 RAYMOND S. BEDNARCIK, JR., 0000 MICHAEL N. DALFONSO, 0000 GENE P. THERIOT, 0000 KATHLEEN A. BEERNINK, 0000 FRANK D. DALTON, JR., 0000 DAVID F. BEERS, 0000 WILLIAM F. DANELLA, 0000 IN THE ARMY MARGUERITE E. BELEC, 0000 EDWARD G. DANIELS, 0000 DAVID D. BELT, 0000 JEFFREY R. DANSHAW, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT CHARLES J. BERDAR, 0000 MARK W. DARRAH, 0000 TO THE GRADE INDICATED IN THE U.S. ARMY UNDER WILLIAM J. BERGIN, 0000 KENNETH E. DAVEY, 0000 TITLE 10, UNITED STATES CODE, SECTION 624: RICHARD O. BERNARD, 0000 JOHN C. DAVIDSON, 0000 To be colonel TIMOTHY C. BERTCH, 0000 PHILIP S. DAVIDSON, 0000 RONALD C. BETHMANN, 0000 MARSDEN S. DAVIS, JR., 0000 CYNTHIA A. ABBOTT, 0000 WILLIAM P. BINGHAM, 0000 STEPHANIE K. DAVIS, 0000 RICHARD L. AGEE, 0000 GILMORE N. BIRKLUND, 0000 STEPHEN F. DAVIS, JR., 0000 EDWIN K. ARMITAGE, 0000 JOHN K. BISHOP, 0000 WILLIAM J. DAVIS, JR., 0000 ELLEN M BALD, 0000 CRAIG R. BLACK, 0000 STEVEN P. DAVITO, 0000 JOHN E. BALL, 0000 WAYNE R. BLANDING, 0000 GLENN A. DAY, 0000 HOLGER L. BRENCHER, 0000 MATTHEW E. BOBOLA, 0000 RICHARD S. DEHART, 0000 JAMES D. BROGDON, 0000 DEBRA A. BODENSTEDT, 0000 EDWARD J. DELANEY, 0000 ELIZABETH A. BRYANT, 0000 RICHARD H. BOHNER, JR., 0000 RENE R. DELROSARIO, 0000 MICHAEL A. CALDER, 0000 ROBERT A. BONNER, 0000 CARLOS DELTORO, 0000 JOSEPH D. CAMBRE, 0000 JAMES R. BOORUJY, 0000 WILLIAM O. DERR, JR., 0000 DAVID W. CHANDLER, 0000 TIMOTHY E. BOOTHE, 0000 ERIC E. DEVITA, 0000 DIANA J. CONRAD, 0000 STEVEN C. BOS, 0000 STEPHEN B. DIETZ III, 0000 ROBERT C. DAHLANDER, 0000 KELLY S. BOSE, 0000 KARL L. DINKLER, 0000 GEORGE J. DYDEK, 0000 THOMAS A. BOTHWELL, 0000 DAVID R. DIORIO, 0000 GLEN M. FITZPATRICK, 0000 IRVING G. BOUGH, 0000 MICHAEL D. DISANO, 0000 JAMES L. FLETCHER, 0000 DAVID M. BOUTON, 0000 TIMOTHY A. DISHER, 0000 MICHAEL D. GARRETT, 0000 FRANK W. BOYD, 0000 DANIEL N. DIXON, 0000

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 9801 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9355

DOMINIC S. DIXON, 0000 JOSEPH W. HANKINS, 0000 NANCY V.C. KNEIPP, 0000 JAMES C. DIXON, 0000 JEFFREY W. HANSEN, 0000 RUSSELL P. KNIGHT, 0000 STEVEN H. DOHL, 0000 CRAIG D. HANSON, 0000 KAREN M. KOHANOWICH, 0000 MATTHEW H. DOLAN, 0000 JOHN F. HARDISON, 0000 MARK A. KOHART, 0000 BRIAN T. DONEGAN, 0000 JAMES V. HARDY, 0000 ALBERT H. KOHNLE, JR., 0000 JAMES M. DONOVAN, 0000 JEFFREY A. HARLEY, 0000 DAVID M. KOONTZ, 0000 WILLIAM T. DONOVAN, JR., 0000 ROBERT L. HARNED, 0000 ROBERT G. KOPAS, 0000 PATRICK J. DOUGHERTY, 0000 KIRK N. HARNESS, 0000 MARK S. KOROMHAS, 0000 THOMAS J. DOUGHERTY, 0000 SINCLAIR M. HARRIS, 0000 WILLIAM J. KOVACH, 0000 STEPHANIE A. DOUGLAS, 0000 RICHARD E. HARRISON, 0000 KEVIN J. KOVACICH, 0000 MICHAEL W. DOUGLASS, 0000 EDWARD W. HARTER, 0000 GARY L. KREEGER, 0000 JONATHAN A. DOWELL, 0000 ANNEMARIE HARTLAUB, 0000 DAVID KREV, 0000 HAMPTON H. DOWLING, 0000 KENNETH J. HARVEY, 0000 DEBOARAH S. KRUCIAK, 0000 CHRISTOPHER J. DRENNEN, 0000 TODD A. HAUGE, 0000 JAMES H. KRUSE, 0000 PETER U. DREXLER, 0000 RANDALL L. HAUKE, 0000 EDWARD E. KRUSEMARK, 0000 VINCENT DROUILLARD, 0000 LARRY O. HAUKENES, 0000 JOHN T. KUEHN, 0000 GERARD DUFFY, 0000 KATHERINE M. HAWLEY, 0000 JAMES K. KUHN, 0000 WILLIAM C. DUKE, 0000 NORMAN R. HAYES, 0000 HOSONG DUPONT, 0000 PETER S. K. HAYES, 0000 JOHN A. KUMMER, 0000 JOHN W. DZIMINOWICZ, 0000 PAUL F. HEALY, 0000 JONATHAN D. KURTZ, 0000 STEVEN A. EATON, 0000 DENNIS P. HEIDENTHAL, 0000 CLAYTON B. KYKER, 0000 JAMES D. EBERHART, 0000 MARK J. HELLSTERN, 0000 ROBERT A. LALLY, 0000 ANDREW W. EDDOWES, 0000 DAVID M. HENDRICKS, 0000 VINCENT L. LAMOLINARA, 0000 GENE H. EDWARDS III, 0000 TERENCE HENN, 0000 FREDERIC D. LANCASTER, 0000 WILLIAM R. EDWARDS, 0000 PAUL E. HENNES, 0000 MARK F. LANDERS, 0000 GREG A. EISMAN, 0000 KENNETH A. HERMANSON, 0000 LARRY W. LASKY, 0000 DANA J. ELLIS, 0000 RONALD L. HERNDON, 0000 DAVID A. LAUSMAN, 0000 DAVID B. EMICH, 0000 CHARLES M. HERON, 0000 TIMOTHY J. LAWRENCE, 0000 DIANE M. ENBODY, 0000 MICHAEL W. HEWITT, 0000 DANIEL E. LEADER, 0000 MICHAEL P. ENRIGHT, 0000 JAMES E. HIGGINS III, 0000 MARK M. LEARY, 0000 DELL W. EPPERSON, 0000 DAVID S. HILL, 0000 ROCKY R. LEE, 0000 ROBERT F. ESSMANN, 0000 JEFFERY M. HILL, 0000 CARROLL F. LEFON, JR., 0000 LAWRENCE T. EVANS, 0000 PAUL D. HILL, 0000 CHARLOTTE V. LEIDY, 0000 ROBERT S. EWIGLEBEN, 0000 ERIC R. HINGER, 0000 WILLIAM E. LEIGHER, 0000 KEVIN S. EYER, 0000 BRIAN E. HINKLEY, 0000 DAVID A. LENNOX, 0000 MATTHEW J. FALETTI, 0000 THOMAS H. HODGSON, 0000 RUTH S. LESCHER, 0000 TIM P. FALEY, 0000 GEORGE F. HOFFER, 0000 STEPHEN W. LESLIE, 0000 DAVID C. FALK, 0000 JAMES E. HOGAN, 0000 BERNARD O. LESSARD, 0000 CRAIG S. FALLER, 0000 THOMAS R. HOGAN, 0000 LINDSEY LESTERBRUTSCHER, 0000 MARK C. FARLEY, 0000 JOHN M. HOHL, 0000 ADAM S. LEVITT, 0000 IAN B. FARQUHARSON, 0000 KEVIN T. HOLDEN, 0000 KENNETH A. LILES, 0000 BRIAN L. FAULHABER, 0000 JACK F. HOLLY, 0000 STEPHEN R. LILLY, 0000 MARK C. FEALLOCK, 0000 NICHOLAS H. HOLMAN IV, 0000 BRUCE H. LINDSEY, 0000 KARLA P. FEARS, 0000 KENNETH A. HOLMSTRUP, 0000 JOHN J. LITHERLAND, 0000 BRUCE W. FECHT, 0000 ELDRIDGE HORD III, 0000 JOHN D. LITTLE, 0000 PATRICK J. FELTS, 0000 DAVID B. HORTON, 0000 JOHN W. LITTLE, JR., 0000 JOHN A. FERRER, 0000 RONALD HORTON, 0000 RONALD A. LITTLE, 0000 ROBERT A. FFIELD, 0000 JONATHAN P. HOUSER, 0000 MARK S. LITTLETON, 0000 JOHN T. FINCH, 0000 MICHELLE J. HOWARD, 0000 MENDAL S. LIVEZEY, 0000 ALAN L. FINK, 0000 JAMES M. HUDSON, JR., 0000 CHARLES M.S. LIVINGSTON, 0000 JOANNE M. FISH, 0000 JOSEPH S. HUEY, 0000 CHARLES E. LOCKETT, 0000 PAUL D. FISHER, 0000 MICHAEL D. HUFF, 0000 MICHAEL LOCKETT, 0000 OSA E. FITCH, 0000 THOMAS W. HUFF, 0000 JOHN L. LOCKLER, 0000 WILLIAM J. FLANAGAN, JR., 0000 JEFFREY M. HUGHES, 0000 JOHN P. LONG, 0000 JOHN V. FOLEY, 0000 WILLIAM N. HUGHES, 0000 BRIAN T. LOONEY, 0000 DOUGLAS L. FOSTER, 0000 DAVID C. HULSE, 0000 TERRY L.L. LOVE, 0000 MICHAEL D. FOSTER, 0000 MARTIN D. HUNDLEY, 0000 JOHN L. LOVERING, JR., 0000 LISA E. FRAILEY, 0000 ROBERT A. HUNT, 0000 JAMES R. LOW, 0000 STEVEN C. FRAKE, 0000 JAMES F. HUNTER, 0000 FRANK J.M. LOWERY, 0000 KENNETH W. FREEMAN, 0000 MARK R. HUNTER, 0000 STEVEN C. LOWRY, 0000 DOROTHY J. FREER, 0000 BRICK R. IMERMAN, 0000 RUSSELL P. LUEHRSEN, 0000 GREGORY P. FRENCH, 0000 RONALD K. IMHOF, 0000 SHERMAN R. LUPTON, 0000 PAUL J. FROST, 0000 AVGI IOANNIDIS, 0000 WALTER E. LUTHIGER, 0000 DAVID J. FUHRMANN, 0000 ROMERO G. IRAL, 0000 DANIEL J. LYNCH, 0000 ANDREW B. FULLER, 0000 MICHAEL J. JACOBSEN, 0000 ANTHONY M. LYONS, 0000 ORMAN K. FULLER, 0000 PAUL N. JAENICHEN, 0000 BRIAN X. MACK, 0000 STEVEN P. FULTON, 0000 RUSSELL T. JANICKE, 0000 DANIEL P. MACK, 0000 WILLIAM D. FUSON, 0000 PATRICK L. JECK, 0000 STEVEN C. MACKIE, 0000 ANTHONY E. GAIANI, 0000 JAMES M. JEPSON, 0000 ANDREW T. MACYKO, 0000 DANIEL J. GALLAGHER, 0000 ALAN F. JOHNSON, 0000 STEVEN A. MALLOY, 0000 ANTHONY R. GALLOP, 0000 BRUCE L. JOHNSON, 0000 DAVID P. MALONEY, 0000 CLAUDE V. GALLUZZO, 0000 DAVID C. JOHNSON, 0000 ROBERT L. MALOUIN, JR., 0000 RALPH M. GAMBONE, 0000 KELLY M. JOHNSON, 0000 SHAWN D. MANK, 0000 STEVEN J. GASPAROVICH, 0000 KEVIN C. JOHNSON, 0000 DOLORES R. MANLEY, 0000 BRIAN ROBERT GATES, 0000 LEE R. JOHNSON, JR., 0000 JOHN K. MANNING, 0000 BRIAN G. GAWNE, 0000 MARC J. JOHNSON, 0000 STEPHEN G. MARR, 0000 JOHN M. GERAGOTELIS, 0000 WILLIAM H. JOHNSON, 0000 BRADLEY D. MARTIN, 0000 GREGORY S. GILBERT, 0000 EUGENE W. JONES, 0000 DUANE H. MARTIN, 0000 PATRICK C. GILL, 0000 EVAN S. JONES, 0000 MICHAEL L. MARTIN, 0000 STERLING G. GILLIAM, JR., 0000 JEFFREY J. JONES, 0000 THOMAS L. MASCOLO, 0000 LEE S. GINGERY, 0000 WILLIAM R. JONSON, 0000 DAVID F. MATAWITZ, 0000 RAYMOND B. GINNETTI, 0000 JACK E. JOYNSON, JR., 0000 WAYNE J. MATHE, 0000 ROBERT P. GIRRIER, 0000 STEVEN R. JUNG, 0000 DANIEL E. MATHIS, 0000 MICHAEL H. GLASER, 0000 GLEN E. KAEMMERER, JR., 0000 VICTOR R. MATTES, 0000 TIMOTHY R. GLASOW, 0000 GEORGE H. KAHLERT, JR., 0000 CHARLES A. MAXWELL, JR., 0000 WILLIAM G. GLENN, 0000 ROBERT C. KALLIO, 0000 JAMES J. MAY, 0000 JOHN G. GOETZ, 0000 JONATHAN H. KAN, 0000 MARTIN N. MAY, 0000 CURT W. GOLDDACKER, 0000 ERIC G. KANIUT, 0000 GARRY R. MAYNOR, 0000 WILLIAM H. GOODALE II, 0000 MICHAEL A. KANTOR, JR., 0000 JOHN C. MC CABE II, 0000 THOMAS D. GOODWIN, 0000 ROBERT E. KAPCIO, 0000 KEVIN T. MC CARTHY, 0000 MARK L. GORENFLO, 0000 CHARLES T. KEEN III, 0000 MICHAEL F. MC CARTHY, 0000 JOHN F. GOUGH JR., 0000 KEVIN J. KEILTY, 0000 JOSEPH S. MC CLAIN, 0000 ROBERT D. GOURLEY, 0000 WILLIAM J. KELLERHALS, 0000 LOWELL V. MC CLINTOCK, 0000 TERRY L. GOWEN, 0000 JAMES E. KELLY, 0000 MATTHEW J. MC CLOSKEY, 0000 KEVIN H. GRAFFIS, 0000 ROBERT D. KELSO, 0000 ROBERT M. MC CLOSKEY, 0000 WARREN C. GRAHAM III, 0000 HEATH R. KEMMAN, 0000 MICHAEL D. MC CLURE, 0000 PETER F. GRAUSE, 0000 PAUL R.B. KENNEDY, 0000 ANGUS A. MC COLL, 0000 ROBERT P. GRAY, 0000 RONALD W. KENNEDY, 0000 WILLIAM C. MC COOL, 0000 ALBERT J. GRECCO, 0000 MICHAEL A. KENNERSON, 0000 MICHAEL R. MC DERMOTT, 0000 DANIEL S. GREER, 0000 ROBERT S. KERNO, JR., 0000 MARK T. MC DONALD, 0000 JAMES GREGORSKI, 0000 MARGARET A. KERRMCKOWN, 0000 JOHN D. MC GARRY, 0000 STERLING R. GRENI, 0000 PAUL R. KERSTANSKI, 0000 DEBORAH A. MC GHEE, 0000 WILLIAM T. GRIFFIN, 0000 KEVIN M. KEUTMANN, 0000 PHILIP J. MC KENNA, 0000 ROBERT B. GRIMM, 0000 CURTIS A. KHOL, 0000 JEFFREY E. MC LEAN, 0000 PAUL A. GROSKLAGS, 0000 CHRISTOPHER W. KILEY, 0000 LINDA H. MC MEANS, 0000I50ROBERT B. MC WHORTER, 0000 DOUGLAS J. GROTERS, 0000 GEORGE F. KILIAN, 0000 DAVID A. MEE, 0000 ANTHONY M. GRUBER, 0000 HAROLD S. KING, 0000 LOUIS O. MEIER, JR., 0000 WAYNE N. GRUMNEY, 0000 JOEL D. KING, 0000 RONALD W. MELAMPY, 0000 HANS GULICK, 0000 STEPHEN C. KINGSTON, 0000 KEITH B. MENZ, 0000 STEPHEN L. GUSE, 0000 MARK S. KINNANE, 0000 VICTORINO G. MERCADO, 0000 MICHAEL F. HAFFNER, 0000 LUTHER D. KINSEY, 0000 CHARLES K. MERKEL, JR., 0000 TIMOTHY P. HAGAN, 0000 STEPHEN H. KIRBY, 0000 ROXIE T. MERRITT, 0000 MARK R. HAGEROTT, 0000 ROBERT M. KIRK, 0000 MARK S. MILLER, 0000 RICHARD P. HAJEK, 0000 ROBERT E. KISER, 0000 ROBERT W. MILLER, 0000 ANDREW M. HALE, 0000 PETER W. KLAUSE, 0000 SCOTT D. MILLER, 0000 PATRICK D. HALL, 0000 JOHN F. KLEMENC, 0000 PATRICK M. MILLETT, 0000 DAVID E. HALLADAY, 0000 STEVEN E. KLEMENCIC 0000 ENRIQUE F. MIRANDA, 0000

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 9801 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9356 CONGRESSIONAL RECORD — SENATE September 15, 1997

ANTHONY E. MITCHELL, 0000 JOHN B. ROSANDER, 0000 DAVID C. TAYLOR, 0000 RUTH A. MOHR, 0000 ROBERT L. ROUNTREE JR., 0000 WINFORD J. TAYLOR, 0000 VALERIE A. MOOT, 0000 WILLIAM J. ROZWOOD, 0000 JOHN B. THOMA, 0000 WILLIAM MORALES, 0000 GREGORY, RUCCI, 0000 JEFFREY N. THOMAS, 0000 EUGENE F. MORAN, 0000 TERRY L. RUCKER, 0000 SCOTT E. THOMAS, 0000 RONALD B. MORANVILLE, 0000 RICHARD J. RUEHLIN, 0000 EVIN H. THOMPSON, 0000 DARREL M. MORBEN, 0000 DAVID G. RUFF, 0000 LEROY D. THOMPSON, 0000 JEFFREY A. MORRIS, 0000 PETER B. RUSH, 0000 ROGER K. THORSTENSON, 0000 MICHAEL J. MORRIS, 0000 ROBIN L. RUSSELL, 0000 PATRICK K. THURMAN, 0000 JONATHAN D. MOSIER, 0000 STEPHEN S. RUTH, 0000 STEPHEN K. TIBBITTS, 0000 ERIC B. MOSS, 0000 GORDON B. RUTHERFORD, 0000 SCOTT M. TILDEN, 0000 FRANCIS N. MOULDS, 0000 BERNARD T. RYAN, 0000 FRANK J. TINKER, 0000 JEFFREY C. MOULTON, 0000 EDMUND K. RYBOLD, JR., 0000 JOSEPH E. TOFALO, 0000 GREGORY C. MUIR, 0000 KURT R. SADORF, 0000 CURTIS W. TOOMER, 0000 ROBERT C. MUIR, III, 0000 GARY SANDALA, 0000 RONALD P. TOWNSEND, 0000 MICHAEL J. MULLIGAN, 0000 JAMES A. SASS, 0000 STEPHEN C. TRAINOR, 0000 LYLE V. MUNN, 0000 PETER D. SAUVE, 0000 WILLIAM F. TRAUB, 0000 JOHN F. MURPHY, 0000 PHILLIP G. SAWYER, 0000 MARK B. TREADWELL, 0000 MARK A. MURPHY, 0000 PATRICK J. SCANLON, 0000 M.K. TRIBBIE, 0000 VINCENT J. MUSCARELLO, 0000 SHEILA A. SCARBOROUGH, 0000 WILLIAM B. TRIMBLE, 0000 WILLIAM N. NAGY, 0000 MATTHEW T. SCASSERO, 0000 TIMOTHY T. TUCKER, 0000 CHARLES J. NEARY, 0000 MICHAEL D. SCAVONE, 0000 LORI F. TURLEY, 0000 SEAN G. NEILAN, 0000 PAUL A. SCHACK, 0000 HENRY V. TURNER, 0000 MAUREEN A. NEVILLE, 0000 DAVID A. SCHMICK, 0000 MICHAEL W. ULLRICH, 0000 BRUCE A. NEWPORT, 0000 WILLIAM G. SCHMIDLIN, 0000 DONALD K. ULRICH, 0000 BOB R. NICHOLSON, 0000 ROBERT J. SCHMIDT, 0000 MICHAEL C. URQUHART, 0000 PATRICK D. NICKENS, 0000 STEVEN H. SCHULTE, 0000 FRANK E. VALENTE, 0000 RICHARD B. NICKLAS, 0000 CHRISTOPHER J. SCHULZ, 0000 RICHARD E. VANDENHEUVEL, 0000 WESLEY S. NIELSEN, 0000 JOHN E. SCHWERING, JR., 0000 PERRY F. VANHOOSER II, 0000 WILLIAM NIVISON, JR., 0000 JOHN C. SCORBY, JR., 0000 ERIC A. VANHOVE, 0000 JOSEPH F. NOLAN, 0000 JAMES G. SCOTT, 0000 THOMAS P. VANLEUNEN, JR., 0000 BRIAN K. NUTT, 0000 KEVIN D. SCOTT, 0000 KEVIN S. VANSLOTEN, 0000 LEWIS C. NYGARD, 0000 VINCENT M. SCOTT, 0000 RAYMOND E. VANZWIENEN, 0000 KEVIN W. OAKES, 0000 EDWARD B. SEAL, 0000 RENE VELEZ, 0000 RONALD J. OARD II, 0000 GLEN R. SEARS, II, 0000 JOHN C. OBERST, 0000 LARRY F. SEELEY, JR., 0000 DOUGLAS J. VENLET, 0000 MARI C. OBNINSKY, 0000 MARK T. SEELEY, 0000 ROBERT M. VERBOS, 0000 KENNETH G. O’BRIEN, 0000 VINCENT L. J. SEIFERD, 0000 FERNANDO T. VILLANUEVA, 0000 DAVID J. O’CONNOR, 0000 ROBERT D. SELIGMAN, 0000 JOHN J. VINIOTIS, 0000 JOHN O’DONNELL, R. 0000 CLAY W. SELLERS, 0000 RICHARD S. VOTER, 0000 ERIC J. OKERSTROM, 0000 JAMES D. SETTELE, 0000 ANTHONY A. VRAA, 0000 VICTOR R. OLIVAREZ, 0000 CHARLES H. SEWALL, 0000 JAMES S. WAGNER, 0000 MARTIN F. O’LOUGHLIN, 0000 DONALD G. SEYBOLD, 0000 WILLIAM B. WALKER, 0000 JONATHAN J. OLSON, 0000 JOHN A. SHAKESPEARE, 0000 JAMES G. WALLACE, 0000 MARK J. OLSON, 0000 MATTHEW M. SHARPE, 0000 GORDON T. WALTON, 0000 DENNIS J. O’MEARA, 0000 MARTIN J. SHAUNESSY, 0000 RALPH C. WARD, JR., 0000 GERARD O’REGAN, 0000 JOHNATHAN D. SHAW, 0000 VICTOR G. WARRINER JR., 0000 ALAN OSHIRAK, 0000 MICHAEL G. SHEA, 0000 BILLY J. WASHINGTON, 0000 JOHN T. OSTLUND, 0000 LINDA W. SHEDLOCK, 0000 TIMOTHY M. WATERFIELD, 0000 DOUGLAS E. OTTE, 0000 JOHN C. SHEEHAN, 0000 CHERI D. WATERFORD, 0000 KENNETH J. OUKROP, 0000 WILLIAM A. SHEEHAN, 0000 TIMOTHY L. WATKINS, 0000 BERNT L. OYDNA, 0000 KEVIN B. SHERMAN, 0000 RICHARD W. WATSON, 0000 BURT T. PALMER, 0000 PETER S. SHERMAN, 0000 STEPHEN J. WATSON, 0000 ROBERT P. PAPADAKIS, 0000 GERALD SHERRILL, 0000 DAVID W. WAUGH, 0000 PHILLIP C. PARDUE, 0000 PAUL R. SHIGLEY, 0000 MALCOLM L. WEATHERBIE, 0000 KIN A. PARKER, 0000 BERNARD V. SHINAL, 0000 ALLISON D. WEBSTERGIDDINGS, 0000 RONALD G. PARSON, 0000 GARY L. SHIPLE, 0000 THOMAS E. WEDDING, 0000 PHILLIP G. PATTEE, 0000 DONALD R. J. SHUNKWILER, 0000 HARRY E. WEDEWER, 0000 SHEILA A. PATTERSON, 0000 PAUL W. SIEGRIST, 0000 DANIEL L. WEED, 0000 MICHAEL S. PAUL, 0000 MACK A. SIGMAN, 0000 TONY M. WEEKS, 0000 KYRA V. PAULI, 0000 RICHARD L. SIMON, 0000 SIDNEY J. WEGERT II, 0000 DAVID D. PAULS, 0000 DAVID G. SIMPSON, 0000 DAVID G. WEGMANN, 0000 DAVID S. PAUTSCH, 0000 ROBERT A. SIMS, 0000 MARK S. WELSH, 0000 FREDRICK D. J. PAWLOWSKI, 0000 DENNIS J. SINNETT, 0000 JOSEPH D. WELTER, 0000 THOMAS J. PAYNE, 0000 TAYLOR W. SKARDON, 0000 WARREN C. WHEELER, 0000 JEFFREY R. PENFIELD, 0000 CHAD M. SKIDMORE, 0000 JAMES C. WHITAKER, 0000 FRANCIS D. PENNYPACKER, 0000 DOUGLAS E. SMITH, 0000 PETER S. WHITE, 0000 DAVID A. PERRETTA, 0000 FRED C. SMITH, 0000 JAMES L. WHITTINGTON, 0000 GARY C. PETERSON, 0000 GERALD N. SMITH, 0000 CAROL A. WILDER, 0000 WILLIAM T. PETERSON, 0000 GREGG K. SMITH, 0000 CATHY M. WILLIAMS, 0000 WILLIAM S. PETRIE, 0000 HENRY C. SMITH, 0000 DONOVAN J. WILLIAMS, 0000 ROBERT J. PETRY, 0000 JOHN W. SMITH, JR., 0000 ROGER D. WILLIAMS, 0000 ANN C. PHILLIPS, 0000 MICHAEL E. SMITH, 0000 EDWIN F. WILLIAMSON, 0000 DAVID T. PHILLIPS, 0000 MICHAEL W. SMITH, 0000 JEFFERY S. WILSON, 0000 CHARLES H. PIERSALL III, 0000 PAUL C. SMITH, 0000 KEVIN J. WILSON, 0000 DAVID R. PINE, 0000 RICHARD W. SMITH, 0000 WILLIAM H. WILSON II, 0000 HENRY A. PITTS, 0000 RUSSELL H. SMITH, 0000 GREGORY J. WITTMAN, 0000 MICHEL T. POIRIER, 0000 STEPHEN M. SMOOT, 0000 GEORGE G. WOMACK, 0000 STEPHEN J. POLLARD, 0000 GLENN R. SNYDER, 0000 RANDOLPH L. WOOD, 0000 JOHN M. POLLIN, 0000 JOHN C. SNYDER, 0000 BRUCE L. WOODYARD, 0000 FERNANDEZ L. PONDS, 0000 MURRAY R. SNYDER, 0000 MARK E. WRALSTAD, 0000 CLYDE C. PORTER, JR., 0000 RICHARD P. SNYDER, 0000 ROBERT C. WRIGHT, JR., 0000 RICHARD J. POSTERA, 0000 ROBERT S. SOMMERS, 0000 WILLIAM A. WRIGHT III, 0000 GARY P. POTKAY, 0000 SEAN D. SORENSEN, 0000 ROBERT P. WYLLY, 0000 CRAIG D. POWELL, 0000 RALPH T. SOULE, 0000 MARION D. YANCEY, 0000 JEFFREY T. POWERS, 0000 JOSEPH D. SPITZ, 0000 PHILIP A. YATES, 0000 DAVID L. PRATER, 0000 DAVID R. SPOERL, 0000 HERBERT YEE, 0000 JEROME R. PROVENCHER, JR., 0000 WILLIAM C. STACIA, JR., 0000 BRIAN C. YETKA, 0000 DAVID A. RADI, 0000 VINCENT A. STAMMETTI, 0000 JOSEPH B. YODZIS, 0000 EDWIN V. RAHME, JR., 0000 SCOTT M. STANLEY, 0000 JAMES R. YOHE, 0000 RAOUL A. RALL, 0000 LOWELL S. STANTON, 0000 MARCUS B. YONEHIRO, 0000 DOUGLAS S. RANDLETT, 0000 MARK T. STAPLES, 0000 JACQUELINE C. YOST, 0000 FRANCIS F. RANDOLPH, 0000 SCOTT A. STEARNEY, 0000 PETER H. YOUNG, 0000 JOSEPH P. RARDIN, 0000 MICHAEL T. STEED, 0000 STEPHEN E. YOXHEIMER, 0000 CHRISTOPHER S. RATLIFF, 0000 BRAD A. STEELE, 0000 ULYSSES O. ZALAMEA, 0000 MARK E. REDDEN, 0000 JAMES P. STEELE, III, 0000 MICHAEL E. ZAMESNIK, 0000 THOMAS L. REESE, 0000 SEAN A. STEEVES, 0000 JOHN A. ZANGARDI, 0000 KEVIN D. REILLY, 0000 SCOTT A. STEPHENSON, 0000 GUY W. ZANTI, 0000 TOD F. REINERT, 0000 CURTIS R. STEVENS, 0000 STEVEN C. ZARICOR, 0000 RICHARD E. REINKE III, 0000 JOHN J. STEVENS III, 0000 DAVID O. ZIMMERMAN, 0000 WARREN E. RHOADES III, 0000 STEVEN L. STEVENS, 0000 CLAY A. ZOCHER, 0000 RALPH H. RICARDO, JR., 0000 WARD E. STEVENS, 0000 ERIC A. ZOEHRER, 0000 PAUL J. RICCIUTI, 0000 DAVID C. STEWART, 0000 MARKHAM K. RICH, 0000 JAY T. STOCKS, 0000 DEPARTMENT OF LABOR CHARLES A. RICHARD, 0000 GREGORY J. SULLIVAN, 0000 KATHARINE G. ABRAHAM, OF IOWA, TO BE COMMIS- JEFFREY H. RICHARDS, 0000 STEPHEN W. SURKO, 0000 SIONER OF LABOR STATISTICS, U.S. DEPARTMENT OF RANDALL G. RICHARDS, 0000 PETER B.R. SUTHON, 0000 LABOR, FOR A TERM OF 4 YEARS. (REAPPOINTMENT) SAMUEL B. RICHARDSON, 0000 JAMES J. SWEENEY, 0000 PAUL E. RIDENOUR, 0000 KEVIN M. SWEENEY, 0000 DEPARTMENT OF STATE MARK R. RIOS, 0000 MICHAEL J. SWEENEY, 0000 CATHERINE D. RIPLEY, 0000 STEVEN R. SWICEGOOD, 0000 CORINNE CLAIBORNE BOGGS, OF LOUISIANA, TO BE AM- CLAUDIA M. A. RISNER, 0000 CHARLES C. SWICKER, 0000 BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JONATHAN G. ROARK, 0000 NELSON C. TABINGA, 0000 THE UNITED STATES OF AMERICA TO THE HOLY SEE. WILLIAM J. ROBERTSON, 0000 THOMAS A. TACK, 0000 STEPHEN W. BOSWORTH, OF CONNECTICUT, TO BE AM- HARRY M. ROBINSON, 0000 CHARLES E. TAMBLYN, 0000 BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF PATRICK W. ROLFE, 0000 NANCY L. TANNER, 0000 THE UNITED STATES OF AMERICA TO THE REPUBLIC OF JULIA A. ROOS, 0000 SCOTT J. TAPPAN, 0000 KOREA.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 9801 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 15, 1997 CONGRESSIONAL RECORD — SENATE S9357

DEPARTMENT OF LABOR DEPARTMENT OF STATE THE JUDICIARY

SUSAN ROBINSON KING, OF THE DISTRICT OF COLUM- JOSEPH A. PRESEL, OF RHODE ISLAND, A CAREER MEM- RICHARD W. STORY, OF GEORGIA, TO BE U.S. DISTRICT BIA, TO BE AN ASSISTANT SECRETARY OF LABOR, VICE BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- JUDGE FOR THE NORTHERN DISTRICT OF GEORGIA, VICE SUSAN ROBINSON KING, RESIGNED. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- WILLIAM C. O’KELLEY, RETIRED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF UZBEKISTAN.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 9801 E:\1997SENATE\S15SE7.REC S15SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY