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, TUESDAY, JULY 8, 1997 No. 95 Senate The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING Mr. THOMAS. Mr. President, reserv- called to order by the President pro MAJORITY LEADER ing the right to object, what is the tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The time allocation? able acting majority leader is recog- The PRESIDING OFFICER. The time PRAYER nized. allocation is for not to exceed 5 min- The Chaplain, Dr. Lloyd John f utes each. The Senator from Wisconsin Ogilvie, offered the following prayer: does have, under the previous order, 15 As we watch the movements of So- SCHEDULE minutes. journer from Pathfinder on Mars, we Mr. THOMAS. Thank you, Mr. Presi- The Senator from Wisconsin [Mr. exclaim with the Psalmist, ‘‘When I dent. Today following morning busi- FEINGOLD] is recognized. consider Your heavens, the work of ness, the Senate will resume consider- Mr. FEINGOLD. Thank you, Mr. Your fingers, the moon and the stars, ation of S. 936, the defense authoriza- President. which You have ordained, what is man tion bill. As previously ordered, from that You are mindful of him and the 12:30 until 2:15 p.m., the Senate will f son of man that You visit him? For stand in recess for the weekly policy You have made him a little lower than luncheons. At 2:15, the Senate will pro- THE NEED FOR CAMPAIGN the angels and You have crowned him ceed to a cloture vote on the defense FINANCE REFORM with glory and honor. You have made authorization bill. The majority leader Mr. FEINGOLD. It was just about 1 him to have dominion over the works is hopeful that cloture can be invoked year ago, Mr. President, last June, of Your hands’’.—Psalm 8:3–6. so that the Senate can complete action when I stood here on the Senate floor O Yahweh, our Adonai, how excellent on the defense bill this week. with the senior Senator from Arizona, is Your name in all the Earth and the As a reminder, Senators have until Senator MCCAIN, and others, and par- farthest reaches of the Earth’s uni- 12:30 today to file second-degree ticipated in a somewhat abbreviated verse. You are Sovereign of universes amendments on the defense bill. On be- debate on the need for meaningful, bi- within universes. We praise You that half of the majority leader, I remind partisan campaign reform. You have enabled us to reach out into all Senators that we are now in a busy We discussed several issues during space to behold Your majesty and come legislative period prior to the August that debate, Mr. President. We talked to grips with the magnitude of the recess. The appropriations process has about the 1994 elections and the result- realm of dominion You have entrusted begun and Senators should now expect ing record amount of campaign spend- to us. Our eyes have been glued to our rollcall votes occurring Monday ing in that election. television sets to witness the awesome through Friday of each week. I thank We had a chance to talk briefly about achievement of landing Pathfinder on my colleagues for their attention. how one candidate for the U.S. Senate Mars and we have seen the venture of f had spent $30 million of his own money rover Sojourner on Martian rock after RESERVATION OF LEADER TIME to try and win a California Senate seat. a 309-million-mile, 7-month journey We talked about how the average The PRESIDING OFFICER (Mr. from Earth. Guide our space scientists amount of money spent by a winning INHOFE). Under the previous order, as they gather information about Mars 1994 Senate candidate had, unfortu- leadership time is reserved. and we are reminded of the reaches of nately, reached over $4.6 million. We Your Lordship. f talked about the damaging effect that And meanwhile, back to the planet MORNING BUSINESS the unabated flow of campaign cash Earth, back to the problems and poten- The PRESIDING OFFICER. Under had on our political system as well as tials we face, and back to the U.S. Sen- the previous order, there will now be a on the public perceptions of this insti- ate where You empower the leaders of period for the transaction of morning tution. humankind to grapple with the chal- business not to extend beyond the hour In response to all of that, interest- lenges, and grasp the opportunities in of 11 a.m., with Senators permitted to ingly, we were told by opponents of re- our time and in our space. As we work speak therein for up to 5 minutes each. form that all was well, that spiraling today, remind us that You created Mr. FEINGOLD addressed the Chair. campaign spending would somehow Mars and the Earth and will direct us The PRESIDING OFFICER. The Sen- strengthen our democracy, and that to solutions to the complex problems ator from Wisconsin is recognized. our system was far from crying out for we face. We bless and praise You for Mr. FEINGOLD. I ask unanimous reform. the privilege, Creator, Redeemer, and consent to speak as in morning busi- And then, on a quiet Tuesday after- Lord of Lords. Amen. ness for 15 minutes. noon, after a few paltry hours of debate

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

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VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6956 CONGRESSIONAL RECORD — SENATE July 8, 1997 and absolutely no opportunity for Sen- Mr. President, while Rome burns and It is these multihundred-thousand- ators to offer amendments, the bipar- our campaign finance system crumbles dollar campaign contributions that tisan McCain-Feingold reform bill fell all around us, the junior Senator from were, more than anything else, at the six votes short of breaking a filibuster, Kentucky characterizes the chaos of root of the abuses and outrage stem- and that was done effectively by the the 1996 elections as a healthy sign of a ming from the 1996 elections. Individ- guardians of the status quo. vibrant democracy. uals and organizations certainly should That was a year ago, Mr. President. Mr. President, as the U.S. Senate have the opportunity to contribute to Although our opponents continue to continues to duck and weave and dodge their parties with funds that can be proclaim that all is well and reform is around the issue of campaign finance used for Federal elections. But all of not a priority, the evidence from the reform, the American people are be- those funds, Mr. President, should be 1996 campaign stands in stark contrast coming more and more convinced that raised and spent within the scope and to the declarations of those who are we here in this body do not have the context of Federal election law. trying to defend the indefensible. courage or the will to reform a system Finally, Mr. President, we must have Last year, according to the Wash- that has provided Members of this in- provisions in this reform legislation ington Post, candidates and parties stitution with a consistent reelection that encourage candidates to spend less spent a record amount of money on rate of well over 90 percent. money on their campaigns and, if we Federal elections—$2.7 billion. Mr. As we all know, Mr. President, this can, to encourage them to raise most President, $2.7 billion was spent on week hearings will begin in the Gov- of their campaign funds from the peo- those elections, which is an all-time ernmental Affairs Committee on the ple they intend to represent in their record. This record amount of cam- abuses and possible illegalities that oc- district or State. paign spending, I assume, is exactly curred in the last election. I can think We have to provide candidates, and what the opponents of reform, includ- of no better time for us to make a particularly challengers who have less ing the Speaker of the other body and major step forward to fundamentally access to large financial resources, the junior Senator from Kentucky had overhaul our failed election laws. with the tools and means to effectively really hoped would happen. Opponents of reform will surely as- convey their message, without having Recall Speaker GINGRICH’s words sert that we should wait until the con- to raise and spend millions of dollars. from the last Congress: clusion of these hearings before we con- Unless we take fundamental steps to One of the greatest myths in modern poli- sider reform legislation, so we can ade- change the 90 to 95 percent reelection tics is that campaigns are too expensive. The quately identify the loopholes and the rates for incumbents that are seem- political process, in fact, is not overfunded, but underfunded. gaps and holes in our campaign finance ingly enshrined under current election laws, the American people will justifi- My distinguished colleague from system. But, Mr. President, in the last ably perceive such reform as little Kentucky, referring to the 1996 election 10 years on this issue alone, we have more than one more incumbent protec- said: had 15 reports by 6 different congres- sional committees, over 1,000 pages of tion plan. I look on all that election activity as a Mr. President, the senior Senator healthy sign of a vibrant democracy. committee reports, 29 sets of hearings, from Arizona and I have waited quite Well, Mr. President, back here on 49 days of testimony, over 6,700 pages of hearings, 522 witnesses, 446 different patiently for the opportunity to have planet Earth, and back home in my this historic debate. It is my hope that State of Wisconsin, the American peo- legislative proposals, more than 3,300 floor speeches, 76 CRS reports, 113 Sen- we can sit down with the majority ple have a very different view. They are leader in the coming days and begin disgusted by our current campaign fi- ate votes, and 17 different filibusters. So I think it is safe to assume that the process of bringing such a meaning- nance system. They are appalled at the ful discussion to the Senate floor in the insane amount of money that is being we have probably reviewed this issue more than almost any other issue next few weeks. spent on democratic elections. And not I look forward to that discussion, and surprisingly, they told us how appalled pending before this body. So, Mr. President, it is time now for I hope that it will eventually lead to they are by staying home in huge num- passage of bipartisan reform legisla- bers last November. In fact, fewer serious consideration of reform legisla- tion. I have joined with the senior Sen- tion that will result in what I like to Americans turned out to vote in 1996 call moderate, mutual disarmament. than in any Presidential election year ator from Arizona, and others, in au- thoring the only comprehensive, bipar- I thank the Chair and I yield the in the last 72 years. floor. There are mountains of evidence tisan plan to be introduced in the Sen- ate this year. Mr. THOMAS addressed the Chair. demonstrating the failure of current The PRESIDING OFFICER. The Sen- election laws. Poll after poll dem- Mr. President, we are very aware that this bill is not perfect. Some have ator from Wyoming. onstrates the mistrust and cynicism Mr. THOMAS. Mr. President, I think voiced their concerns or objections the public feels toward this institution we have 30 minutes set aside. as a result of large campaign contribu- about this or that provision, or have The PRESIDING OFFICER. The Sen- tions. criticized the legislation for not ad- ator from Wyoming is recognized. The newspapers and nightly news dressing particular areas. As we have Under a previous order, the majority programs are brimming with reports of said—and I think as we have shown all leader or his designee is to be recog- election scandals, with charges and along—this legislation is primarily a nized to speak for 30 minutes. countercharges of abuse and illegality vehicle for reform, and we are more The Senator from Wyoming is recog- filling the headlines every day. than willing to consider additions, de- nized. Scores of candidates—including letions, or modifications to the pack- Mr. THOMAS. Thank you, Mr. Presi- many current officeholders—are choos- age. dent. We do have some bottom lines, ing not to run for office principally be- f cause of the millions of dollars needed though. First, we should have a full for a campaign for the U.S. Senate. In and robust debate on the issue, with all ORDER FOR CLOTURE VOTE AT 3 fact, the theory that unlimited cam- Senators having the opportunity both P.M. paign spending produces competitive to debate the many complicated issues Mr. THOMAS. Mr. President, may I elections has been completely discred- involved here and, also, to have the op- first, in behalf of the leader, ask unani- ited, as the average margin of victory portunity they didn’t have last year to mous consent that the previously or- in Senate elections last year was 17 offer amendments. dered cloture vote now occur at 3 p.m. percent. Second, it is imperative that any leg- today. Let me repeat that, Mr. President. islative vehicle ban on so-called party The PRESIDING OFFICER. Without Not only did 95 percent of incumbent soft money. These are the monstrous, objection, it is so ordered. Senators win reelection last November, unlimited and unregulated contribu- Mr. THOMAS. For the information of most of these elections weren’t even tions that have poured in from labor all Senators, the cloture vote earlier close. On average, 17 percentage points unions, corporations, and wealthy indi- scheduled at 2:15 will now occur at 3 separated the winners from the losers. viduals to the political parties. p.m.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6957 Thank you, Mr. President. political class warfare. It seems to me and again this morning held by the f if there is one office in the Cabinet Vice President and Secretary Rubin. I that ought to be one that you can sort have the highest regard for Vice Presi- TAX RELIEF of depend on for facts, that it ought to dent Gore and Secretary Rubin, but I Mr. THOMAS. Mr. President, I want be the person who is in charge of mone- was astounded that much of the focus to take this time—and I am sure some tary policy, who is in charge of our in that news conference was not about of my colleagues will join me—to talk money. Unfortunately, that has not tax relief for the average middle-class a little bit about one of the items that been the case. I hope that it changes. American. It was about brownfields. It has been before us and will continue to The idea that some opposition, those was about inner cities. It was about be before us that I think is probably who really do not want tax relief has other policies. the premier legislature, and that is tax been to make it a class warfare thing. This policy is about providing Ameri- relief. And indeed it isn’t. cans tax relief, providing relief for the I hope, as we move toward the con- According to Robert Novak, in his ar- forgotten American. ference committee agreement and as ticle, economist Gary Robbins showed The bill that we passed in this body 2 we move toward voting again in the that 75 percent of the tax cuts go to weeks ago, and the bill that was passed Senate and in the House on tax relief, people who make $57,000 or less in ad- in the House 2 weeks ago, is not per- that we will keep in mind the big pic- justed income. I think that is inter- fect, but it is a very significant first ture; the idea that American taxpayers esting. Those are the people who pay 38 step. As my friend and colleague from are working harder than ever before, percent of the total taxes. Taxpayers Wyoming just said, it is the first sig- and the concept and the fact that the who get more than $200,000 in income nificant tax relief legislation in 16 typical family is now paying more in would get but one dime of relief for years. taxes than they do for food, shelter, every $100 in total taxes. We are here to do the Nation’s busi- and clothing. Too many families have This is not a tax break for the rich. ness. We are here to focus on the aver- to rely on two incomes, partially be- Interestingly enough, in the same arti- age man and woman who pay their cause of the burden of taxes. The typ- cle he indicates—this is a congressional taxes, raise their family, and need to ical worker faces nearly 3 hours of an Joint Economic Committee using keep more of their income. You heard 8-hour day to pay their taxes. Treasury data—that the upper fifth of all of the numbers. You heard the sta- So that is what we are talking about. income now pays 63 percent of all in- tistics. But I think it is worth noting Of course, it is appropriate to talk come taxes. After the proposed tax that we talk a little bit about what is about and of course it is appropriate to cuts, the figure remains exactly 63 per- in fact—in fact, not theory, not fab- debate how this tax relief is designed. cent. rication, not imputed income, not But we ought to keep in mind that we Similarly, the share paid by the bot- phony economic tax models that we are are talking about for the first time in tom two-fifths of the income earners hearing from some corners—but in fact 10 years significant reductions in remains unchanged. what is in this bill. Let’s just take a This is not a tax break for the rich. taxes—tax relief for American families. moment to review some of this. We will hear some things about the What are we talking about? First of This is about helping the 6 in 10 tax cuts for the rich. Actually, 75 per- all, a child tax credit; $500 per child tax Americans who must file Federal tax cent of the taxes, as I said, go to fami- returns, the people who work hard to credit, so the families can use their lies who make less than $75,000. Fami- make a good life for themselves, their own money to spend in their own way lies with two kids making $30,000 a families, and their communities. to support their own children. year, their tax bill will be cut in half; It is about helping the 3 in 4 Ameri- We are talking about educational tax less than half. cans who file tax returns and earn less incentives; tax credits so that tuition So, Mr. President, we have the first than $50,000 a year. Three-fourths of all for higher education can be offset with opportunity since early in the 1980’s to taxpayers make less than $50,000 a tax credits. We are talking about the have some tax relief for people who are year. In fact, three-fourths of all the reduction so that families can send heavily burdened with taxes. tax cuts in the Taxpayer Relief Act their kids to college. If in fact the era of big Government that the Senate and the House passed We are talking about retirement sav- is over, then we need to have big taxes overwhelmingly in a very strong, bi- ings; IRA’s to encourage savings to to be over as well. We have the highest partisan way go to people making less cause people to prepare for their old percentage of gross national product than $75,000 a year. age, to be able to put away money and paid now in taxes in history —the high- This act has a number of provisions have incentive to do that by the incen- est percentage. that will help families, small busi- tive of providing for tax-free savings. So, as we move away from big Gov- nesses, students, farmers, ranchers, Capital gains reduction; taxes on cap- ernment, we ought to allow American and single parents who earn less than ital gains to be reduced in order to en- families to spend more of their own $75,000 a year. Couples earning less courage investment so that we could money. than $110,000 will get the full benefit of create jobs and so we create an econ- Mr. President, I yield to my friend the family tax relief in this bill. omy that is healthy and robust. from Nebraska. Parents with children age 12 and Estate and gift tax relief. I happen to The PRESIDING OFFICER. The Sen- under get a $500 per child tax credit come from a State where there are a ator from Nebraska is recognized. against their taxes—keeping more of large number of small businesses, Mr. HAGEL. Mr. President, I thank their money. Parents with children where we have lots of farmers and my friend and colleague from Wyoming ages 13 to 16 also get a tax credit. The ranches, and families work their entire for an opportunity to speak this morn- Taxpayer Relief Act allows parents to lives to put together a business or put ing about something that is rather im- set up special tax-deferred savings ac- together a farm or ranch, and when the portant to Americans, all Americans, counts to help with their children’s time comes when there is a death in Americans who pay the bill, the forgot- education. It allows single people with the family, they often have to sell ten American, I think, as we enter this incomes under $50,000 and couples with these assets to pay 50 percent in taxes. next phase of debate in this country incomes under a $100,000 a tax credit That ought to be changed. about tax relief. Make no mistake, Mr. for part of their children’s college ex- So I hope we can focus on those President, this is what it is about. This penses. things that are beneficial and those is not about social tinkering. It is not Mr. President, come on. This is not a things that are useful. I hope we don’t about environmental policy. It is about rich person’s tax bill. This is a middle- allow this idea to be politicized. I hope tax relief—tax relief for those people class, average-American tax bill. And we don’t allow ourselves to enter into who pay taxes, those people who have anyone who says to the contrary this political class conflict which, been footing the bill in this country for doesn’t understand what we are doing frankly, the administration is moving a long time. So, let’s first of all put here. toward. this in perspective. This also allows recent college grad- I was disappointed that the Secretary I say that especially in light of the uates who are struggling to get estab- of the Treasury has gotten into sort of news conference that I saw yesterday lished to deduct up to $2,500 in student

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6958 CONGRESSIONAL RECORD — SENATE July 8, 1997 loan interest payments during each of here and feel very passionate about result from the high cost of Govern- their first few years after graduation. this and come more recently talking in ment regulation, and a family today Capital gains tax cuts will help any- behalf of people who are paying taxes. gives up more than 50 percent—50 per- one who owns property—not rich peo- That is great. I appreciate it. cent—of its annual income to the Gov- ple. Come on. Anyone who owns prop- Another Senator who has worked ernment. erty is affected by the capital gains tax most diligently on tax relief since he So all we are saying is let us allow in this country. A capital gains tax cut has been in the Senate is the Senator the working people of this Nation to helps middle-class Americans. Fifty-six from Minnesota. I yield 5 minutes to keep a little bit more of their own percent of all tax returns reporting him. money in their pockets. capital gains come from taxpayers with The PRESIDING OFFICER. The Sen- It is hard to believe that there are total incomes below $50,000. We move ator from Minnesota is recognized to some who say we are offering too much in this bill capital gains taxes from 28 speak for 5 minutes. in the way of tax relief in our Senate percent to 20 percent. Mr. GRAMS. Thank you, Mr. Presi- budget plan, and that is just plain Estate tax cuts will help millions of dent. wrong. Working families are not get- Americans. Both the House and Senate Mr. President, Washington has un- ting nearly the amount of tax relief we bills raised the estate tax exemptions dergone a remarkable transformation promised them. to $1 million. It is not perfect. We need since the people of Minnesota first sent Over the next 5 years, as we know, me here in 1993. Back then, no one was more. Of course, we do. But it is a the Federal Government will take in talking about tax relief. Certainly no good, strong beginning. It is a start. about $8.7 trillion in taxes from the one was talking about family tax re- We need to phase these out. These es- American people. What we are asking lief. And with both the White House tate taxes are not only unfair but they in this bill is just that 1 cent of every and Congress under Democratic con- are un-American. You work all of your dollar the Government plans to take trol, the chances were slim that we life. You work hard. You pay taxes. from the taxpayer be left in their would ever have an opportunity to give And at the end automatically the Gov- hands. working Americans the tax relief they ernment comes in and takes half of That is what the $500-per-child tax so desperately need. credit and other tax cuts are all about, your estate. My good friend and colleague from You tell me, Mr. President, where and that is making sure that a penny Arkansas, Senator HUTCHINSON, and I earned by working Americans would be that is fair. Some people think it is. I were freshman Members of the House a penny kept. don’t. I don’t think most Americans in 1993 when we came together to de- Unfortunately, by imposing severe think it is fair. velop a budget proposal that could restrictions on who can receive it, the There are many, many other tax pro- serve as the taxpayers’ alternative to $500-per-child tax credit proposal visions in this bill to help farmers with the higher taxes and bigger govern- passed by the Senate falls still well livestock killed by severe weather and ment plan offered by President Clinton. farmers hurt by unwarranted IRS rul- The key component of our legislation short of delivering meaningful tax re- ings regarding the alternative min- at that time was family tax relief, and lief to working families that are trying imum tax. Truckers are restored with that was through the $500-per-child tax to raise children. The $500-per-child tax credit that I the business meal deduction to 80 per- credit. cent. We were able to convince the House introduced originally says families are These are not rich people. and the Senate leadership to make our eligible for the credit as long as their This bill helps small businesses by families-first bill—with the $500-per- children are under the age of 18. The delaying a new, burdensome require- child tax credit as its centerpiece—the bill passed by the Senate, however, ment that they file their income tax Republican budget alternative back in cuts the tax credit once a child reaches returns on anything other than elec- 1994. That November it became known the age of 13. If your children are be- tronic payroll tax means. as the crown jewel of the Contract tween the ages of 13 and 16, the Senate It helps universities and other re- With America. The Washington crowd bill says we will give you a tax credit searchers by extending the research was finally beginning to listen to the but only if you spend it the way Wash- and experimentation tax credit. people and to talk about tax relief. In ington thinks it should be spent. In It helps people suffering from rare 1995, the $500-per-child tax credit this case, it would have to be spent on diseases by permanently extending the seemed certain to finally be passed education. orphan drug tax credit. into law, with a Republican congres- I applaud the parents who take the This is real America. This is for real sional majority and a President who $500-per-child tax credit and dedicate it Americans. had campaigned at that time on family to their child’s college education fund, We need to pass this tax relief bill. tax relief. Unfortunately, however, it but that is a decision that belongs with None of us likes everything in this bill. never made it past the President’s parents, not with Washington. But we can either squabble ourselves desk. It is not our place to tell families into total stalemate or we can pass In 1996, the voters again asked us to what they can and what they cannot do this bill and get the first real tax cuts enact the taxpayers’ agenda, but this with their own money. Some may elect since 1981. time they wanted Congress and the to spend that $500 on braces for their Congress needs to reconcile this, President to come together to com- child or groceries or maybe health in- move ahead in our conference, and send plete the work that we started in the surance, and that is fine because it is it to the President. He needs to sign it. 104th Congress. So this May, both their money. An unrestricted $500-per- America expects us to do this business. President Clinton and the congres- child tax credit takes the power out of Mr. President, we have a responsibility sional leadership agreed on a number of the hands of Washington’s big spend- and an obligation to do America’s busi- tax-cutting measures built around the ers, and it would put it back where it ness. $500-per-child tax credit. The House could do the most good, and that is I encourage my colleagues in the U.S. and Senate passed them in a reconcili- with families. Senate and in the House to do the right ation package just before the Fourth of The second unreasonable restriction thing and vote for a conference report July recess. in the Senate bill was to deny the child and bring real tax relief to the Amer- Mr. President, working families need tax credit to families with children at ican public. tax relief today more than ever, and the age of 17. According to the Agri- Mr. President, I yield the floor. Minnesotans have asked me to make it culture Department, this age group is Mr. THOMAS addressed the Chair. a top priority because taxes dominate the most expensive one in the typical The PRESIDING OFFICER. The Sen- the family budget. In fact, a survey middle-income household, and it makes ator from Wyoming. just released in Minnesota last week no sense to cut off the tax relief just Mr. THOMAS. Mr. President, I think showed that the main concern of Min- when working families need it most. it is interesting that new Members, nesota families was taxes. The hard-working families of Min- such as the Senator from Nebraska, Now, you factor in State and local nesota and the Nation have been wait- who come from the private sector come taxes and also those hidden taxes that ing far too long since Congress last cut

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6959 their taxes—16 years ago. And we have I have to credit a Democrat with the wanted and to be able to pass that yet to prove to them that we under- whole idea that you can increase rev- wealth on from generation to genera- stand and, more importantly, we appre- enue by cutting taxes, exactly what we tion. And it was so great, the wealth ciate the hardships they face every are trying to do, looking at taxes in that was accumulated as a result of day. I know we cannot increase the general. President Kennedy said in that, that in one of his letters back level of tax relief we are offering in the 1962, and this is a direct quote: home John Smith said, now 1 farmer fiscal 1998 budget, but I urge my col- It is a paradoxical truth that tax rates are can grow more corn than 10 could be- leagues, the conferees, to take what- too high today and tax revenues are too low, fore—because of that freedom that ever steps they can to repair the $500- and the soundest way to raise the revenues they had to be able to pass it on. It is per-child tax credit so that it benefits in the long run is to cut rates now. called productivity, motivation, know- the maximum number of Americans. The soundest way to raise revenues is ing the Government is not going to This debate will be revisited many to cut rates now. That is exactly what come in and take the money away from times in the months ahead and the we are trying to do. And we remember you that you have worked so hard to years ahead, and I look forward to what happened during the Kennedy ad- pass on to future generations. working again with my fellow Senators ministration. The first year he was in Mr. President, I have six grand- to finally deliver on the tax relief office, the total revenues that came in children, four children. I quit working promise that we made to the people. to support government, that we used to for me. The motivation is for the fu- I thank the Chair. I yield the floor. spend on government, amounted to $79 ture generations. When the estate tax Mr. INHOFE addressed the Chair. billion. After he went through his se- was first formed, it was formed as a The PRESIDING OFFICER (Mr. ries of tax reductions, it had grown to temporary tax. The maximum rate was THOMAS). The Senator from Oklahoma. $112 billion. We remember what hap- 10 percent, and it was supposed to be Mr. INHOFE. Mr. President, first of pened during the Reagan administra- dropped down. all, I wish to thank you and those who tion. And we always hear from the I conclude by reading something that are participating in this discussion for other side that the Reagan administra- I found, an excerpt from a 1996 Heritage bringing this up. This is a very difficult tion came up with tax cuts and the Foundation study that said if the es- and frustrating time for all of us, and deficits went up. tate tax were repealed, over the next 9 I think the Senator from Nebraska, Mr. Well, sure, the deficits went up—not years the Nation’s economy would av- HAGEL, gave a pretty good outline of because of the tax cuts but because the erage as much as $1.1 billion per year what this is all about, what we want to liberals who dominated the Congress at in extra output and an average of accomplish, and what we have offered. that time voted for more government 145,000 additional jobs would be cre- And when I say ‘‘we,’’ I am not talking spending. And so in 1980, the total reve- ated, personal income would rise by an about the Republican Party. I am talk- nues that came in to run Government average of $8 billion per year above ing about Congress. current projections, and the deficit To put it in perspective, the House amounted to $517 billion. In 1990, the total revenues that came in were $1.03 would actually decline due to the passed the tax cut bill on June 26—just growth generated by its abolishment. June 26—and it passed by a fairly sub- trillion. It exactly doubled during that 10-year period. So I think we need to reject the stantial margin, 253 to 179. There was a failed notion that has been proposed substitute that was offered by Con- Now, what happened during that 10- year period? During that 10-year pe- and stated over and over again by gressman RANGEL that has come in the riod, we had the largest tax reductions members of this administration, in- nature of what the President is an- cluding Laura Tyson and the President nouncing now, and it was rejected by in contemporary history. It has been shown—in fact, if you look at marginal himself, that we need to raise taxes 197 to 235. Then the Senate, on the fol- and not lower taxes. We could actually lowing day, June 27, passed a tax cut tax rates, the revenues developed in 1980 were $244 billion; in 1990, it was raise revenues by lowering tax rates, bill 80 to 18. When the minority leader, and that is exactly what we intend to Senator DASCHLE, offered a substitute, $466 billion. And that happened during the time the tax rates were cut. So we do and should do for ourselves, for the it was rejected 38 to 61. American people and for our country. So we went through a long and ardu- know that we can increase revenues by reducing taxes and also relieve the bur- I yield the floor. ous process of having 29 amendments. The PRESIDING OFFICER. The Sen- den on the American people to allow We finally came up with a product, and ator from Washington is recognized to them to have more money—and not the we went out for the Fourth of July re- speak for up to 10 minutes. cess. And after we were out, the Presi- rich. We know better than that. We Mrs. MURRAY. I thank the Chair. have been playing that game and dent announced a different, totally dif- f ferent tax cut plan while Congress was demagoging it for so long now that I out of town, when we did not have any think the American people are aware FUNDING ENVIRONMENTAL chance to react to it, and now he is we are not talking about the rich. CLEANUP saying that he wants his plan. His plan With just a couple minutes remain- Mrs. MURRAY. Mr. President, as a doesn’t really provide tax cuts that are ing, I want to be more specific as to country we have congratulated our- meaningful and will have a positive ef- one of the particular tax cuts I feel selves time and time again on our enor- fect on our economy. very strongly about. In fact, Mr. Presi- mous victory in winning the cold war. I have to ask the question, Mr. Presi- dent, you had made a comment about But today I want to remind my col- dent, what has happened to the Demo- some of the farms in Wyoming. I had leagues that the cold war was won at a crats in their philosophy? The whole the same experience over the break. I cost, a very steep cost, and one of the idea that we can cut taxes and increase was down in Lawton, OK, and I had a biggest debts owed remains unpaid: the revenue is not a Republican idea, and guy come up to me saying they were environmental devastation created at yet it is totally rejected by this admin- selling their family farm to a corporate places like Hanford Nuclear Reserva- istration. I can remember when Presi- farm because they could not get the tion in south-central Washington dent Clinton was first elected. His chief price for some of their acreage in order State. financial adviser, Laura Tyson, was to pay the estate taxes, and that’s hap- Later today, the Energy and Water quoted as having said there is no rela- pening all over the country. They say, Development Appropriations Sub- tionship between the level of taxes that what is happening to the family-owned committee will mark up its fiscal year a country pays and its economic pro- farm? That is what is happening. 1998 appropriations bill. We will have a ductivity. I remember in our history, when this lot of work to do to make up the short- I suggest that if that is true, if you country was first founded and the pil- falls found in both the Senate Armed carry that to its logical extreme, you grims came over here and risked their Services defense authorization bill and could tax everybody 100 percent and lives—half of them did die—they came the House national defense authoriza- they will work just as hard, but we over for economic and for religious tion bill. Rather than funding the know that does not happen. And up freedom. When they got over here, they cleanup bills, the authorizing commit- until this administration, the Demo- established a system where each one tees have taken nearly $1 billion—bil- crats knew that that could not happen. had a plot of land to do with as he lion—from the defense environmental

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6960 CONGRESSIONAL RECORD — SENATE July 8, 1997 management accounts of the Depart- initial stage of characterization and re- hundred fifty-five billion, nine hundred ment of Energy and moved them into mediation of the tank waste. The off- fifteen million, one hundred thousand, procurement and other Department of sets come from noncleanup programs five hundred seventy-three dollars and Defense accounts. and another privatization effort within fifty-eight cents) Let me tell you the effect this move the Departments of Energy and De- Five years ago, July 7, 1992, the Fed- will have on one place in my State. fense. eral debt stood at $3,970,574,000,000. Probably the single biggest environ- Mr. President, I am talking about (Three trillion, nine hundred seventy mental problem on any of our former deadly risks to human health and the billion, five hundred seventy-four mil- defense nuclear weapons sites is the 177 environment, and so far, this Congress lion) storage tanks filled with chemical and is choosing to ignore them. Simply Ten years ago, July 7, 1987, the Fed- high-level radioactive waste at Han- wishing that these enormously costly eral debt stood at $2,326,212,000,000. ford. Each of these tanks contains from projects will go away will not make (Two trillion, three hundred twenty-six a half million to a million gallons of them disappear. It will only make billion, two hundred twelve million) toxic waste. Some of that waste is rock them worse and more costly to clean Fifteen years ago, July 7, 1982, the solid, some of it is soupy sludge, some up later. Federal debt stood at $1,071,078,000,000. of it is liquid, and some is poisonous The Department of Energy has pro- (One trillion, seventy-one billion, sev- gas. Several tanks have ‘‘burped’’ their posed an innovative method of solving enty-eight million) noxious gases. these problems by privatizing them and Twenty-five years ago, July 7, 1972, We have only recently begun making letting some of the best, most estab- the Federal debt stood at real progress in learning what chemi- lished companies in the world use their $429,537,000,000. (Four hundred twenty- cals and radioactive waste were put expertise to clean up these sites. In nine billion, five hundred thirty-seven into these tanks and what substances order for industry to succeed, this Con- million) which reflects a debt increase have now been created through indis- gress must demonstrate its commit- of nearly $5 trillion—$4,926,378,100,573.58 criminate mixing of wastes. ment to the privatization program by (Four trillion, nine hundred twenty-six The most troubling aspect of these funding it. Going from a Presidential billion, three hundred seventy-eight tanks is that they are leaking, moving request of $1 billion to $70 million in million, one hundred thousand, five these vile substances into ground water the House and $215 million in the Sen- hundred seventy-three dollars and and toward the Columbia River. ate will not give the capital markets or fifty-eight cents) during the past 25 Let me say it again. These tanks are private industry the confidence they years. leaking, and they are located next to need to make this work. f one of this Nation’s greatest rivers. We need more money for the tank They are upstream from Richland, CONCLUSION OF MORNING waste remediation system and other BUSINESS Kennewick, Pasco, Portland, and many cleanup priorities. Let me remind my smaller communities in Washington colleagues that even if my amendment The PRESIDING OFFICER. Morning and Oregon. And their toxic waste is prevails, this authorization bill will business is closed. slowly migrating toward the Columbia still contain about $500 million less f River, which many view as the life- than was agreed upon by the President NATIONAL DEFENSE AUTHORIZA- blood of the Pacific Northwest because and Congress in the recent historic TION ACT FOR FISCAL YEAR 1998 it provides fish, irrigation, power gen- budget agreement. The President finds The PRESIDING OFFICER. Under eration, recreation, and much more. this funding shortfall so serious that the previous order, the Senate will now In this year’s budget, the Depart- he has issued veto threats on both de- resume consideration of S. 936, which ment of Energy requested $427 million fense authorization bills, citing this as the clerk will report. in budget authority to continue a pri- one of his primary concerns. The bill clerk read as follows: vatization initiative, called the tank I urge my colleagues to stand with waste remediation system, and another me as we work to get our former de- A bill (S. 936) to authorize appropriations for fiscal year 1998 for military activities of $500 million plus for other environ- fense nuclear weapons sites restored or mental management privatization ef- the Department of Defense, for military con- at least stop them from causing further struction, and for defense activities of the forts. My colleague in the Washington harm to our rivers, our air and our Department of Energy, to prescribe per- delegation, Representative ADAM land. We cannot turn our backs on the sonnel strengths for such fiscal year for the SMITH, was successful in getting the nearby communities that have sac- Armed Forces, and for other purposes. House National Security Committee to rificed so much for this Nation in the The Senate resumed consideration of place $70 million in the defense author- past. Let’s make our victory of the the bill. ization bill for tank waste, nearly $350 cold war complete by leaving our chil- Pending: million short of the budget request, but dren and our grandchildren a safe, Cochran/Durbin amendment No. 420, to re- the House gave no other sites any healthy environment, not a contami- quire a license to export computers with funds. Our Senate Armed Services nated wasteland that sites, like Han- composite theoretical performance equal to Committee bill provides $215 million ford, will become without sufficient or greater than 2,000 million theoretical op- for four privatization projects, includ- Federal cleanup dollars. erations per second. ing $109 million targeted to tank waste. Thank you, Mr. President. I yield the Grams amendment No. 422 (to Amendment No. 420), to require the Comptroller General This is simply not adequate. floor, and I suggest the absence of a Yesterday, I submitted an amend- of the United States to conduct a study on quorum. the availability and potential risks relating ment to the Department of Defense au- The PRESIDING OFFICER (Mr. to the sale of certain computers. thorization bill that would increase INHOFE). The clerk will call the roll. Coverdell (for Inhofe/Coverdell/Cleland) these privatization accounts by about The legislative clerk proceeded to amendment No. 423, to define depot-level $250 million. Most of that money goes call the roll. maintenance and repair, to limit contracting toward solving the tank waste problem Mr. THURMOND. Mr. President, I for depot-level maintenance and repair at in- which almost everyone familiar with ask unanimous consent that the order stallations approved for closure or realign- ment in 1995, and to modify authorities and this issue agrees must be our top pri- for the quorum call be rescinded. ority, but money is also added at Sa- requirements relating to the performance of The PRESIDING OFFICER (Mr. core logistics functions. vannah River, Oak Ridge, Idaho Falls, ENZI). Without objection, it is so or- Lugar Modified amendment No. 658, to in- and Fernald. dered. crease (with offsets) the funding, and to im- In addition, my amendment would fa- f prove the authority, for cooperative threat cilitate the riskiest part of this privat- reduction programs and related Department ization venture by helping to ensure THE VERY BAD DEBT BOXSCORE of Energy programs. DOE is able to meet its time lines for Mr. HELMS. Mr. President, at the Mr. GORTON addressed the Chair. delivery of this toxic waste to a private close of business yesterday, Monday, The PRESIDING OFFICER. The company for vitrification or immo- July 7, 1997, the Federal debt stood at Chair recognizes the Senator from bilization. I added $50 million for this $5,355,915,100,573.58. (Five trillion, three Washington.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6961 AMENDMENT NO. 645 in force as of September 23, 1996. Subject to public health service hospitals and Mr. GORTON. Mr. President, I call up the overall enrollment restriction under sec- clinics to facilities of the uniformed amendment No. 645 and ask for its im- tion 724 and limited to the historical service services to provide health care to de- mediate consideration. area of the designated provider, professional pendents of active duty personnel as The PRESIDING OFFICER. Without service agreements or independent con- tractor agreements with primary care physi- well as military retirees and their de- objection, the pending amendments cians or groups of primary care physicians, pendents. Most recently last summer will be set aside. however organized, and employment agree- on this floor, I sponsored the amend- The clerk will report. ments with such physicians shall not be con- ment that provided the future author- The bill clerk read as follows: sidered to be the type of contracts that are ity for the USTF’s to continue pro- The Senator from Washington [Mr. GOR- subject to the limitation of this subsection, viding care to military beneficiaries TON] proposes amendment numbered 645. so long as the designated provider itself re- through the integration of their facili- Mr. GORTON. Mr. President, I ask mains at risk under its agreement with the ties into DOD’s military health care Secretary in the provision of services by any unanimous consent that further read- delivery system. ing of the amendment be dispensed such contracted physicians or groups of phy- The USTF’s currently serve about with. sicians.’’. (e) UNIFORM BENEFIT.—Section 723(b) of the 120,000 beneficiaries at facilities lo- The PRESIDING OFFICER. Without National Defense Authorization Act for Fis- objection, it is so ordered. cated in seven States: Maine, Mary- cal Year 1997 (PL 104–201, 10 USC 1073 note) is land, Massachusetts, New York, Ohio, The amendment is as follows: amended— Page 217, after line 15, insert the following (1) in subsection (1) by inserting before the Texas, and Washington. The facilities new subtitle heading: period at the end the following: ‘‘, subject to provide high-quality care that has been SUBTITLE A—HEALTH CARE SERVICES any modification to the effective date the judged by every major study done to Page 226, after line 2, insert the following Secretary may provide pursuant to section date as cost-effective when compared new subtitle: 722(c)(2)’’, and to CHAMPUS and other DOD health (2) in subsection (2), by inserting before the SUBTITLE B—UNIFORMED SERVICES care alternatives. The USTF’s pio- period at the end the following: ‘‘, or the ef- neered managed care principles such as TREATMENT FACILITIES fective date of agreements negotiated pursu- SEC. 711. IMPLEMENTATION OF DESIGNATED ant to section 722(c)(3)’’. enrollment and capitation that have PROVIDER AGREEMENTS FOR UNI- SEC. 712. LIMITATION ON TOTAL PAYMENTS. become the hallmarks of the new FORMED SERVICES TREATMENT FA- Section 726(b) of the National Defense Au- TRICARE program. CILITIES. thorization Act for Fiscal Year 1997 (Public (a) COMMENCEMENT OF HEALTH CARE SERV- The USTF’s are very popular with Law 104–201, 10 U.S.C. 1073 note) is amended ICES UNDER AGREEMENT.—Subsection (c) of the beneficiaries, many of whom would section 722 of the National Defense Author- by adding at the end the following new sen- never consider receiving their health ization Act for Fiscal Year 1997 (Public Law tence: ‘‘In establishing the ceiling rate for care from any other provider. Satisfac- 104–201, 10 U.S.C. 1073 note) is amended— enrollees with the designated providers who are also eligible for the Civilian Health and tion surveys just completed by an inde- (1) by redesignating paragraphs (1) and (2) pendent firm conclude that the USTF’s as subparagraphs (A) and (B); Medical Program of the Uniformed Services, (2) by inserting ‘‘(1)’’ before ‘‘Unless’’; and the Secretary of Defense shall take into ac- as a whole have a 91 percent satisfac- (3) by adding at the end the following new count the health status of the enrollees.’’. tion rate, 7 percentage points higher paragraph: SEC. 713. CONTINUED ACQUISITION OF RE- than the norm for civilian HMO’s. The ‘‘(2) The Secretary may modify the effec- DUCED-COST DRUGS. USTF in my State, Pacific Medical tive date established under paragraph (1) for Section 722 of the National Defense Au- Center, enjoys the highest overall sat- thorization Act for Fiscal Year 1997 (Public an agreement to permit a transition period isfaction rate of nearly 95 percent. I of not more than six months between the Law 104–201; 10 U.S.C. 1073 note) is amended date on which the agreement is executed by by adding at the end the following new sub- doubt that any DOD health care pro- the parties and the date on which the des- section: vider program can match the USTF’s ignated provider commences the delivery of ‘‘(g) CONTINUED ACQUISITION OF REDUCED- for satisfying the medical needs of health care services under the agreement.’’. COST DRUGS.—A designated provider shall be military personnel and their families. (b) TEMPORARY CONTINUATION OF EXISTING treated as part of the Department of Defense The introduction of TRICARE, how- for purposes of section 8126 if title 38, United PARTICIPATION AGREEMENTS.—Subsection (d) ever, has brought the USTF program to of such section is amended by inserting be- States Code, in connection with the provi- fore the period at the end the following: ‘‘, sion by the designated provider of health a crossroads. TRICARE has been oper- including any transitional period provided care services to covered beneficiaries pursu- ating in my State of Washington for by the Secretary under paragraph (2) of such ant to the participation agreement of the over 2 years and started in Texas in subsection’’. designated provider under section 718(c) of November 1995. Its introduction has (c) ARBITRATION.—Subsection (c) of such the National Defense Authorization Act for heightened interest within DOD to in- section is further amended by adding at end Fiscal Year 1991 (Public Law 101–510; 42 tegrate the USTF’s into TRICARE to the following new paragraph: U.S.C. 248c note) or pursuant to the agree- ‘‘(3) In the case of a designated provider ment entered into under subsection (b).’’. ensure consistent application of the so- called uniform benefit. The amendment whose service area has a managed care sup- Mr. GORTON. Mr. President, I ask I offered last year which was enacted port contract implemented under the unanimous consent that Senators TRICARE program as of September 23, 1996, as part of the fiscal year 1997 National HUTCHISON of Texas, D’AMATO, and the Secretary and the designated provider Defense Authorization Act set out the MURRAY be added as cosponsors to the shall submit to binding arbitration if the process for this integration of the agreement has not been executed by October amendment. The PRESIDING OFFICER. Without USTF’s into TRICARE to protect the 1, 1997. The arbitrator, mutually agreed upon beneficiary interests as well as to pre- by the Secretary and the designated pro- objection, it is so ordered. vider, shall be selected from the American Mr. GORTON. Mr. President, this serve the separate designated status of Arbitration Association. The arbitrator shall amendment refines legislation enacted the USTF’s. My amendment, which re- develop an agreement that shall be executed last year to transition the uniformed flected the position passed by the by the Secretary and the designated provider services treatment facilities [USTF’s] House, called for an orderly process for by January 1, 1998. Notwithstanding para- into the DOD’s new health care pro- negotiation of new agreements so Pa- graph (1), the effective date of such agree- cific Medical Center and the other ment shall be not more than six months gram called TRICARE. I hope that the managers of the bill, USTF’s could continue offering high- after the date on which the agreement is exe- quality and cost-effective health care cuted.’’. Senator THURMOND, chairman of the (d) CONTRACTING OUT OF PRIMARY CARE committee, and Senator KEMPTHORNE, to military beneficiaries. SERVICES.—Subsection (f)(2) of such section chairman of the operative sub- Despite my earlier amendment’s good is amended by inserting at the end the fol- committee, will accept it. intentions, unforeseen problems have lowing new sentence: ‘‘Such limitation on Mr. President, I am proud to have developed, largely because of institu- contracting out primary care services shall been associated with the USTF’s since tional delays and the Defense Depart- only apply to contracting out to a health the program’s inception over 15 years ment’s unconventional interpretation maintenance organization, or to a licensed insurer that is not controlled directly or in- ago. I was an original cosponsor of the of some of the key provisions. Accord- directly by the designated provider, except amendment offered on this floor in 1981 ingly, I feel compelled to offer an in the case of primary care contracts be- by the late Senator Henry M. ‘‘Scoop’’ amendment today that updates and tween a designated provider and a contractor Jackson that transitioned these former perfects last year’s language.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6962 CONGRESSIONAL RECORD — SENATE July 8, 1997 In a similar fashion to last year, my The first new provision tries to prod years. The result is substantial pent-up amendment today includes four the negotiations with DOD with a re- demand and frustration by retirees who straight-forward provisions already quirement for binding arbitration for are simply looking for another choice contained in the House-passed fiscal up to 90 days if DOD and the Wash- in meeting their military health care year 1998 Defense authorization bill. It ington and Texas USTF’s do not reach needs. I urge DOD to adhere to the re- is important to note that these four an agreement with DOD by October 1, quest in a recent Washington State provisions are in every way sub- 1997. This arbitration amendment en- congressional delegation letter to per- stantively identical to subtitle C of courages both sides to work out their mit an open season, as clearly provided title VII of the House-passed bill. differences without giving extra lever- for in the USTF contracts. The first House-passed provision pro- age to either side. Without arbitration, Overall, Mr. President, this set of vides authority for a 6-month transi- DOD has no incentive to negotiate be- legislative refinements, as well as pro- tion period in the implementation of cause it can literally run the clock out viding for an open season, should en- the new USTF program to allow ade- and present the Washington and Texas able the USTF program to continue to quate time to educate the bene- USTF’s with a ‘‘take-or-leave-it’’ con- serve the health care needs of its mili- ficiaries. The 6-month transition is en- tract in late September just before the tary beneficiaries. I appreciate the tirely reasonable given that new October 1 deadline arrives. committee’s understanding and hope it TRICARE contracts provide at least 7 Binding arbitration is an eminently will soon be able to accept this amend- months for a proper transition. As we fair device to break an impasse and ment. Of course, I urge the full Senate learned from the TRICARE transition push the negotiations to completion by to pass it. in Washington, a compressed time pe- a date certain. The Seattle and Hous- I suggest the absence of a quorum. riod for transition will cause confusion ton USTF’s are fully prepared to ac- The PRESIDING OFFICER. The and frustration for the beneficiaries. cept the judgment of an independent clerk will call the roll. The second House-passed provision arbiter. If DOD wants to avoid arbitra- The bill clerk proceeded to call the provides authority to continue the ex- tion, the Department’s Health Affairs roll. isting USTF agreements during the Division should commence imme- Mr. WELLSTONE. Mr. President, I transition period. The Seattle and diately good-faith negotiations with ask unanimous consent that the order Texas USTF’s technically lose their Seattle and Houston leading toward a for the quorum call be rescinded. The PRESIDING OFFICER. Without statutory designation effective October fair agreement. 1 unless they have new agreements exe- This was the result the last time objection, it is so ordered. Mr. WELLSTONE. Mr. President, I cuted. But because of delays in com- Congress threatened to impose arbitra- ask unanimous consent we lay aside mencing the negotiations with DOD, tion to push DOD and the USTF to an the pending amendment. these two USTF’s will not have new agreement. The conference report lan- The PRESIDING OFFICER. Without agreements implemented by October. guage accompanying the fiscal year objection, it is so ordered. An extension of the current agreement 1991 National Defense Authorization AMENDMENT NO. 669 and all its provisions until the transi- Act stressed that Congress was pre- tion period is complete seems fair and pared to require mandatory arbitration (Purpose: To provide $500,000 for the bioassay testing of veterans exposed to ionizing ra- appropriate. if the managed care model was not ne- diation during military service) The third House provision clarifies gotiated by DOD and the USTF’s by a Mr. WELLSTONE. Mr. President, I that the ceiling for capitation pay- statutory deadline. This threat of arbi- have two amendments I will discuss. ments provided to the USTF’s takes tration was instrumental in pushing The first is an amendment numbered into account the health status of the DOD back to the negotiating table. 669. enrolled beneficiaries who are under The second new provision contained The PRESIDING OFFICER. The age 65. This reflects last year’s clear in my amendment clarifies how the clerk will report. intent that the actuarial benchmark USTF’s can contract out their physi- The bill clerk read as follows: for developing rates to reimburse the cian services. The clarification permits The Senator from Minnesota [Mr. USTF’s should be the health status of contracting out to primary care physi- WELLSTONE], for himself and Mr. ROCKE- the actual USTF enrollees, not a na- cians provided the USTF’s retain all FELLER, proposes an amendment numbered tional average of military health care risk and don’t exceed their enrollment 669. patients. cap and their historical service area. Mr. WELLSTONE. Mr. President, I The fourth and final House provision The provision serves the beneficiary in- ask unanimous consent reading of the clarifies last year’s provision so that terest by allowing the USTF’s to place amendment be dispensed with. USTF’s still qualify to purchase phar- primary care physicians where they are The PRESIDING OFFICER. Without maceuticals under the preferred pric- needed to enhance the convenience and objection, it is so ordered. ing levels applicable to military health accessibility of care. This change will The amendment is as follows: care providers. All parties agree that also level the playing field with the On page 46, between lines 6 and 7, insert last year’s legislation was not intended TRICARE contractors that can con- the following: to take away the right to continued ac- tract out their primary care services. SEC. 220. BIOASSAY TESTING OF VETERANS EX- quisition of these reduced-cost drugs. The third and last new provision in POSED TO IONIZING RADIATION In addition to these four House- my amendment is a conforming change DURING MILITARY SERVICE. (a) NUCLEAR TEST PERSONNEL PROGRAM.— passed provisions, my amendment in- that applies to the uniform benefit, Of the amount provided in section 201(4), cludes three other items to ensure that with the accompanying higher enroll- $50,000 shall be available for testing de- DOD negotiates fairly with the USTF’s ment fee and higher cost shares, when scribed in subsection (b) at the Brookhaven on the new agreements. These provi- the new USTF agreements are fully im- National Laboratory in support of the Nu- sions would not be necessary if the De- plemented. This clarification is needed clear Test Personnel Program conducted by fense Department were earnestly nego- to ensure consistency with the 6-month the Defense Special Weapons Agency. tiating in good faith with Pacific Med- (b) COVERED TESTING.—Subsection (a) ap- transition of the arbitration period. plies to the third phase of bioassay testing of ical Center and the Houston, TX, Finally, Mr. President, I implore individuals who are radiation-exposed vet- USTF. These two facilities are on the DOD to respond favorably to the re- erans (as defined in section 1112(c)(3) of title firing line because TRICARE is already quest of Pacific Medical Center and the 38, United States Code) who participated in in their regions and they are therefore other USTF’s for open enrollment sea- radiation-risk activities (as defined in such required by law to have a new agree- son so that military retirees can sign paragraph). ment executed by October 1, 1997. DOD, up this summer for the USTF program. Mr. WELLSTONE. Mr. President, I however, has chosen to negotiate first Since DOD did not permit Pacific Med- will be relatively brief and take just with three other USTF’s that will not ical Center to conduct an open season several hours—just take a few minutes see TRICARE in their regions until last year, if there is no open enroll- to speak about this. I wanted to see if mid-1998 at the earliest and con- ment this summer the effect will be to everyone was awake today. sequently do not face the same imme- deny military retirees a chance to en- This is an amendment that would as- diacy faced by Seattle and Texas. roll in this program for 2 consecutive sist atomic veterans. Mr. President, I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6963 actually could talk for several hours denied compensation often based on VA simply claims it lacks the nec- about the atomic veterans. But I would flawed dose reconstructions. essary funding. In the interests of the just say that I think the most moving Mr. President, out of the hundreds of atomic veterans who served this coun- and most emotional times for me as a thousands of atomic veterans—I would try bravely and unquestionably, we Senator has been time spent with like my colleagues to hear this, even if need to end the bickering and ensure atomic veterans in Minnesota. These they are not on the floor now as they the program is carried out to fruition. are veterans who were asked to go to consider how to vote on this—out of The VFW, the National Association of ground zero during the atomic testing the hundreds of thousands of atomic Atomic Veterans, and the Disabled in States like Nevada and were put in veterans, merely 15,000 have filed American Veterans agree and strongly harm’s way by our Government, and no claims for service-connected compensa- back this amendment. It is a little bit one told them what they might be fac- tion with the VA based on disability outrageous that we have this bickering ing, and no one gave them protective stemming from radiogenic diseases. Of going on and at the same time you gear. these, only 1,438 have been approved, or have these veterans for whom this test For many of these atomic veterans it less than 10 percent. Just imagine this, is the only way that they are ever has been a nightmare. This all started hundreds of thousands of atomic vet- going to be able to get any compensa- in the 1950’s, and for decades many of erans, only 15,000 claims, and only a tion. them have had a pattern of illness in little over 1,000 have been approved. Of Mr. President, in closing, I note that their families. I could go on for hours this low percentage, an indeterminate for many years the cover of the Atomic talking about what has happened to percentage may have had their claims Veterans Newsletter, the official publi- them, including high incidences of can- granted for diseases unrelated to radi- cation of the National Association of cer for the atomic veterans themselves, ation exposure. Atomic Veterans, contained the simple and all sorts of problems of cancer and Mr. President, we have to make sure but eloquent statement: ‘‘The atomic deformities with children and grand- that we provide funding, a small veteran seeks no special favor, simply children. amount of funding within the Depart- justice.’’ Their fight for justice has And to this day they still wait for ment of Defense—that is where we have been too long, it has been too hard, and adequate compensation. They wait for been doing this funding—to make sure it has been too frustrating. But these justice. I think it is one of the most that we continue this very critical test patriotic and deserving veterans have shameful things that has happened in undertaken for atomic veterans. persevered and they retain their faith our country. These are veterans. The White House Advisory Com- in America. I actually want to focus on just one mittee on Human Radiation Experi- I urge all of my colleagues to join me small piece of this amendment. I am ments found ‘‘that the Government did in helping atomic veterans with their hoping to be able to receive good sup- not create or maintain adequate struggle for justice and supporting my port from both Democrats and Repub- records regarding the exposure of all amendment. It is a matter of simple licans, and I am hoping this amend- participants [in nuclear weapons tests justice. Mr. President, Congressman ment may indeed be accepted. I know and] the identity and test locales of all LANE EVANS, who has been such a Congressman LANE EVANS has worked participants.’’ This finding calls into strong advocate for atomic veterans, on this in the House, and I believe this question the current capability of the has done this on the House side. I think provision has been accepted in the Government to come up with accurate the Senate should join in this effort. I House of Representatives. dose reconstructions on which the ap- think it would be absolutely uncon- This amendment would authorize proval of claims for VA compensation scionable if we eliminated this funding $500,000 for the third and final phase of for many atomic veterans depend. for this small but very, very important a Defense Special Weapons Agency pro- Again, the advisory committee has said program where we can have adequate gram at Brookhaven National Labora- we do not have adequate data. We have data as to what kind of radiation dos- tory to conduct—this will sound tech- not been able to keep the records. If we age these atomic veterans were, in nical, Mr. President, but it is actually do not have this dose reconstruction fact, vulnerable to, affected by, and pretty important—to conduct internal done well, then a lot of the atomic vet- what this means for them now. That, Mr. President, is the meaning of this dose reconstructions of veterans ex- erans who deserve compensation for amendment. posed to ionizing radiation while serv- the terrible illnesses that have been in- I ask unanimous consent this amend- ing in the Armed Forces. DSWA is re- flicted upon them or their family mem- ment be set aside. sponsible for providing dose recon- bers are not going to have the chance The PRESIDING OFFICER. Without structions for most atomic veterans fil- to get the compensation. objection, it is so ordered. ing claims with the VA. Out of the The DSWA program at Brookhaven AMENDMENT NO. 668 funding provided to DSWA—this, uses a technology called fission track- (Purpose: To require the Secretary of De- again, is the Defense Special Weapons ing analysis. It analyzes the results of fense to transfer $400,000,000 to the Sec- Agency—for R&D under section 201(4), urine samples from atomic veterans to retary of Veterans’ Affairs to provide funds $500,000 would be available for bioassay arrive at internal dose reconstructions. for veterans’ health care and other pur- testing at Brookhaven National Lab- The program seeks to improve the poses) oratory for the purpose of conducting technique first used to establish the Mr. WELLSTONE. Mr. President, I internal dose reconstructions of atomic Marshall Islanders’ exposure to ion- call up amendment number 668. veterans to find out what has happened izing radiation from atmospheric nu- The PRESIDING OFFICER. The to them. clear testing, the same tests that we clerk will report. That is what this is all about. This have been using with Marshall Island- The assistant legislative clerk read program is crucial to atomic veterans ers. During the third and final phase of as follows: because it provides the means, I say to the program, Brookhaven plans to con- The Senator from Minnesota [Mr. my colleague from South Carolina, who duct bioassays of atomic veterans and WELLSTONE] proposes an amendment num- has been so supportive of veterans, for provide technical assistance to DSWA bered 668. more accurate reconstruction of radi- in internal dose reconstruction. Mr. WELLSTONE. Mr. President, I ation dosage. This is a vital step in en- Here is what has happened, here is ask unanimous consent that the read- suring that atomic veterans receive the the reason for this amendment, col- ing of the amendment be dispensed compensation they deserve and in reas- leagues. Unfortunately, a conflict has with. suring veterans who did not inhale or now taken place between DOD and VA, The PRESIDING OFFICER. Without ingest radioactive particles in quan- and it has developed on funding the objection, it is so ordered. tities sufficient to cause cancer. In final phase of the program. DSWA de- The amendment is as follows: other words, they need to know where clines to continue funding the program At the end of subtitle D of title X, add the they stand. This is a terribly impor- because it contends that it is not in the following: SEC. . TRANSFER FOR VETERANS’ HEALTH CARE tant test. We do not want to eliminate business of medical testing, even AND OTHER PURPOSES. the funding for this. Many veterans though the agency has performed med- (a) TRANSFER REQUIRED.—The Secretary of who have radiogenic diseases have been ical testing for Marshall Islanders. The Defense shall transfer to the Secretary of

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6964 CONGRESSIONAL RECORD — SENATE July 8, 1997 Veterans’ Affairs $400,000,000 of the funds ap- VA discretionary spending in fiscal take $400 million and heal these cuts. propriated for the Department of Defense for year 1998. Mr. President, to give you My amendment authorizes the Sec- fiscal year 1998. some idea about it, a $400 million re- retary of Defense to do that. I know Dr. (b) USE OF TRANSFERRED FUNDS.—Funds transferred to the Secretary of Veterans’ Af- duction in VA discretionary spending Ken Kaiser came out to Minnesota and fairs shall be for the purpose of providing in fiscal year 1998 is roughly equivalent met with veterans, and he wasn’t aware benefits under the laws administered by the to the cost of operating one of the of these cuts. I have not met one per- Secretary of Veterans’ Affairs, other than smaller of the VA’s 22 integrated serv- son in charge of delivering health care compensation and pension benefits provided ice networks. for veterans who believes that this can under Chapters 11 and 13 of title 38, United I held a forum, I say to my col- be done in such a way that it will not States Code. leagues, in May. It was unbelievable. seriously damage the quality of health Mr. WELLSTONE. Mr. President, We had a huge turnout of veterans rep- care. I am not just giving some kind of this amendment would not be subject resenting, I think, all of the veterans trump speech on the floor of the Sen- to any point of order. It authorizes the organizations that I can think of— ate. This is very important. We ought Secretary of Defense to transfer some Vietnam Veterans of America, Disabled to, at the very least, be able to transfer $400 million to the VA budget for the Americans, Paralyzed Veterans, Mili- this small amount of money and re- health care for veterans. tary for the Purple Heart, American store this funding for our VA health Mr. President, this amendment is an Legion, Veterans of Foreign Wars, care. effort to ameliorate some damage that atomic veterans, you name it. With that, Mr. President, I yield the was done in the budget resolution The Minnesota veterans were unani- floor. I see my colleague from Georgia. that—I say to my colleagues, I do not mous in denouncing the cuts in some Mr. CLELAND addressed the Chair. think any Senator was really familiar really essential VA health care re- The PRESIDING OFFICER. The Sen- with—made significant cuts in VA sources. Like my colleagues, I sup- ator from Georgia is recognized. health care. ported the sense-of-the-Senate amend- Mr. CLELAND. Mr. President, I ask My amendment to the Department of ment that was introduced by Senators unanimous consent to lay aside the Defense authorization bill would, DASCHLE, DOMENICI and ROCKEFELLER pending amendment. again, authorize the Secretary of De- on May 21, which called for full funding The PRESIDING OFFICER. Without fense to transfer $400 million from the of the VA discretionary programs, in- objection, it is so ordered. DOD budget to restore cuts in VA dis- cluding medical care for fiscal year AMENDMENT NO. 712 cretionary health care spending. This 1998. I supported it for two reasons. (Purpose: To express the sense of Congress amendment responds to the health care First, I don’t think many of us were reaffirming the commitment of the United needs of veterans by restoring some aware that in the budget resolution States to provide quality health care for badly needed funding for programs to there were going to be cuts in our in- military retirees) the fiscal year 1997 level. vestment in resources for VA health Mr. CLELAND. Mr. President, I send Mr. President, even with this restora- care. Second, I think it is simply the an amendment to the desk and ask for tion, chances are remote that the VA wrong thing to do. I think there is a sa- its immediate consideration. health care funding for fiscal year 1998 cred contract with our veterans, and if The PRESIDING OFFICER. The will exceed fiscal year 1997. We all we are going to be making cuts and do clerk will report. know—I just want to make this clear deficit reduction, we ought not to be The assistant legislative clerk read to my colleagues—that we have an doing it on their backs. as follows: aging veteran population. We all know So, Mr. President, I am convinced The Senator from Georgia [Mr. CLELAND] that as more veterans live to be over 65 that this amendment is appropriate. I proposes an amendment numbered 712. and over 85, there is more of a strain on am convinced that it is really quite ap- Mr. CLELAND. Mr. President, I ask the health care budget. We want to be propriate to pass an amendment that unanimous consent that reading of the sure that the cut that took place in the gives the Secretary of Defense the au- amendment be dispensed with. budget resolution—which I don’t think thorization to authorize this transfer The PRESIDING OFFICER. Without hardly any Senator was aware of, al- of funding because, after all, these vet- objection, it is so ordered. though all of the veterans organiza- erans were fighting for the defense of The amendment is as follows: tions were aware, and there is a fair the Nation. That is what it was all At the end of title VII, add the following: amount of indignation around the about. I think it is critically important SEC. 708. SENSE OF CONGRESS REGARDING country on this question—we want to that we live up to this commitment. QUALITY HEALTH CARE FOR RETIR- make sure that these cuts in veterans Mr. President, let me just finish up EES. health care don’t end up forcing vet- (a) FINDINGS.—Congress makes the fol- again and say to colleagues that I am lowing findings: erans who were either disabled, ill, or just introducing these amendments be- (1) Many retired military personnel believe poor to have to shift from VA health cause, as I understand this process, we that they were promised lifetime health care care to other health care. That would are going to have a cloture vote this in exchange for 20 or more years of service. be a travesty for the veterans and their afternoon and we may not have votes (2) Military retirees are the only Federal families, and it would also have nega- for about a day and there will be more Government personnel who have been pre- tive consequences for VA health care in time to discuss these amendments. At vented from using their employer-provided our country. health care at or after 65 years of age. least, that is my understanding. I do (3) Military health care has become in- Mr. President, it has become clear want colleagues to be familiar with creasingly difficult to obtain for military re- that the cuts in the veterans’ discre- each of them. tirees as the Department of Defense reduces tionary programs that were agreed to I think that the atomic veterans, un- its health care infrastructure. as part of the budget resolution are fortunately, have been out of sight and (4) Military retirees deserve to have a going to have some severe, if not dev- out of mind for all too many people in health care program at least comparable astating, consequences on the quality the country. This is a critically impor- with that of retirees from civilian employ- and availability of VA health care for tant amendment to those veterans so ment by the Federal Government. disabled and needy veterans. The fiscal (5) The availability of quality, lifetime that they can know what happened to health care is a critical recruiting incentive year 1998 cuts will limit VA’s ability to them. That is the very least we can do for the Armed Forces. serve all patients entitled to VA health for those veterans, their children and (6) Quality health care is a critical aspect care. If veterans health care benefits grandchildren. of the quality of life of the men and women are delayed because of reduced staff- On the second amendment, I am ab- serving in the Armed Forces. ing—you have to make your cuts some- solutely convinced that very few Sen- (b) SENSE OF CONGRESS.—It is the sense of where—or a longer waiting period, then ators were aware of the fact that the Congress that— we are going to be shortchanging men budget resolution made these cuts. It (1) the United States has incurred a moral obligation to provide health care to retirees and women who have risked their lives was all done in good conscience. Some from service in the Armed Forces; for our country. of my closest friends worked on the (2) it is, therefore, necessary to provide Let me give you some sense of the budget resolution and supported it. My quality, affordable health care to such retir- impact of the $400 million reduction in amendment simply says that we should ees; and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6965 (3) Congress and the President should take Second, as the Department continues cost to the Department of Defense of steps to address the problems associated to reduce its health care infrastruc- providing the Federal Employees with health care for such retirees within two ture, will maintaining access to all Health Benefit Program for all non-ac- years after the date of the enactment of this tive duty beneficiaries ranged between Act. beneficiaries increase in difficulty? I understand the Department has ex- $5.9 billion and $10.7 billion annually Mr. CLELAND. Mr. President, one of pressed concern that, under certain cir- depending upon the percentage the the reasons I sought membership on cumstances, Medicare subvention could Government pays for the average pre- the Senate Armed Services Committee result in diminished access to military mium. The report also estimated the is my commitment to supporting our treatment facilities for other DOD total cost of maintaining a wartime men and women in the Armed Forces. I health care beneficiaries. That raises combat medicine capability for active am particularly pleased to be the rank- my third question. Will subvention in- duty personnel at $6.5 billion. Some ing Democratic member of the Per- crease access to some beneficiaries at have asked if it would be feasible to re- sonnel Subcommittee. the expense of others? If so, is this place the bulk of the Department of My focus on that committee has been Defense Health service system with and will be to improve the overall qual- what we really want? Another option that has been dis- FEHBP while maintaining a combat ity of life of our military personnel. cussed is the idea of allowing retirees medicine capability given that the De- Where possible, the level of the com- over 65 the option of enrolling in the partment of Defense spends approxi- pensation they receive, improve mili- mately $16 billion per year for health tary health care, and expand access to Federal Employees Health Benefit Pro- gram [FEHBP]. care. educational benefits. I sponsored language in the Senate One of the areas that I am most con- The Congressional Budget Office has estimated that the cost of enrolling Armed Services Committee report that cerned about is the availability and directed the Department of Defense to adequacy of military health care. In Medicare-eligible military retirees in the FEHBP is between $3.7 and $4.2 bil- conduct a study of this issue. I believe particular, I believe this Nation has in- this is an important step toward gath- curred a fundamental responsibility to lion. The primary advantage to FEHBP enrollment is the ability of bene- ering the necessary information we provide for the health care of military need to make an intelligent decision retirees. We must adhere to this com- ficiaries to seek and obtain healthcare anywhere in the Nation that insurers which honors our commitment to the mitment. personnel in the military. We need to in the FEHBP provide service. I am I am especially concerned about what know what impact this would have on concerned about additional cost this happens to retirees when they reach the entire medical infrastructure in program would incur especially if of- the age of 65. They are ineligible to the military. I hope we can begin to fered in addition to the benefits cur- participate in TRICARE. In addition, find the answers that will allow us to as the military begins to close and rently available to retirees over 65. My resolve this matter. Our men and downsize its military treatment facili- question: Is there a better way to pro- women in uniform and those who have ties, retirees over 65 are unable to seek vide similar levels of service while not served deserve nothing less. and obtain treatment on a space avail- adding significantly high levels of cost I look forward to working with my able basis. Medicare does not currently to the Department of Defense? colleagues here in the Senate, espe- reimburse the Department of Defense A third option would be to allow cially my good friend Senator KEMP- for health care services. The retirees military retirees over 65 to enroll in THORNE, who is the chairman of the over 65 are, in effect, being shut out of TRICARE. This would require addi- Personnel Subcommittee, on this most the medical facilities promised to tional resources to be made available important matter. them. to military treatment facilities to en- Mr. President, I yield the floor. I am reminded of the quote from one sure that all TRICARE beneficiaries Mr. President, I suggest the absence of Wellington’s troops: ‘‘In time of war were guaranteed access. The Armed of a quorum. and not before, God and soldier men a Services Committee was presented The PRESIDING OFFICER. The adore. But in time of peace with all with an estimated $274 million short- clerk will call the roll. things righted, God is forgotten and fall in the budget request to fund the The assistant legislative clerk pro- the soldier slighted.’’ Military Health Service System. ceeded to call the roll. I know we live in an environment in Frankly, without corresponding Mr. DORGAN. Mr. President, I ask which resources are constrained. We changes in the TRICARE system, con- unanimous consent that the order for are going to have to make some tough tinued enrollment in TRICARE will the quorum call be rescinded. choices between people, modernization, only exacerbate the current difficulties The PRESIDING OFFICER. Without and procurement while maintaining TRICARE faces in meeting all the objection, it is so ordered. Mr. DORGAN. Mr. President, we are readiness. We are going to have to needs of Military Health Service Sys- on the defense authorization bill. I strike a balance between these com- tem beneficiaries. Under this option, have been privileged to listen to a peting priorities. But we must not we might also face the prospect of pro- number of presentations. They deal allow budget constraints to force us to viding new access to some at the ex- with, in many instances, very signifi- slight our soldiers. This is morally pense of those presently in the system. cant and very important issues for the wrong. We have a sacred responsibility Mr. President, I know there are sig- future of this country. to take care of those who took care of nificant difficulties involved with Mr. President, I rise today to talk us. We have incurred a moral obliga- choosing the optimal approach to ad- about two issues. One is an amendment tion to attempt to provide health care dressing military health care concerns. that I intend to offer later in the con- to military retirees who believed they We have to deal with this problem. It is sideration of this bill. The second is to were promised lifetime health care in one of the highest priorities listed by support an amendment that is to be of- exchange for a lifetime of military the men and women in the armed fered by Senator LUGAR and, I believe, service. forces. It is also the highest priority of cosponsored by Senator BINGAMAN and One alternative is Medicare sub- those who represent the retired mili- a group of others, dealing with the Co- vention. It would appear that sub- tary population in this nation. operative Threat Reduction Program vention would be fiscally beneficial to I believe that a comprehensive ap- and the funding for it. Medicare and would improve the abil- proach to reforming the DOD health Before I discuss those two, let me in- ity of the Department to provide care system is required. In addition to dicate, however, that it is curious to health care to military retirees over 65. ensuring access to health care cov- see a cloture motion filed on a bill like However, I have several questions re- erage, it is also necessary to ensure the defense authorization bill this garding possible shortcomings of sub- that health care is available to bene- early in the process. A cloture motion vention: ficiaries wherever they serve or retire. suggests somehow that we should have First, does subvention meet the In 1995, the Congressional Budget Of- a vote cutting off debate when debate needs of military retirees over 65 who fice prepared a report entitled ‘‘Re- has hardly begun on this defense au- do not live near military treatment fa- structuring Military Medical Care.’’ thorization bill. This is a very signifi- cilities? The report estimated that the total cant piece of legislation. There needs

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6966 CONGRESSIONAL RECORD — SENATE July 8, 1997 to be time for significant debate on fly, to the boneyard? Because of arms That is exactly what the Cooperative issues that are very substantial. control agreements. They are required Threat Reduction Program has done. I hope this is not going to be habit under arms control agreements to re- Senators LUGAR and Nunn were the au- forming—filing cloture motions vir- duce the number of bombers they pos- thors of this program. Many others in tually at the same pace when a piece of sess in their arsenal. the Chamber have worked hard on this legislation like this comes to the floor A smaller picture shows former Sec- program. of the Senate. A desire to shut off de- retary of Defense Perry inspecting an There is an amendment pending that bate ought not be initiated before there SS–24 silo. This is a missile silo in the will restore the money for this pro- is some demonstration that debate is Ukraine. This silo had 550-kiloton war- gram which is necessary to continue going to go on forever. If a bill is mov- heads on top of a missile—nuclear war- the progress to reduce the number of ing at a reasonable pace, there is no heads capable of being delivered over nuclear arms in Russia and the inde- reason, in my judgment, for anyone to 6,200 miles. This silo is now empty of pendent states under this program. It be offering cloture motions or shut off warheads. There are no nuclear war- is a bargain by any stretch. It makes debate. I just say that is a curious heads in that silo. And our former Sec- eminent good sense for this country to thing to have happen on this bill right retary of Defense Perry is inspecting a do it. at the start of the legislation. I hope silo that is now cleared of its missile I am proud to say that I support the that won’t be a habit. and its nuclear warheads. amendment. I commend Senator Now to the issue of the Cooperative Finally, this picture. This is a pic- LUGAR, Senator BINGAMAN, and so Threat Reduction Program, Mr. Presi- ture of silo No. 110 near Pervomaisk in many others for offering the amend- dent, folks in my hometown, in most the Ukraine which held an SS–19 mis- ment today. cases, won’t know much about this pro- sile. As you can see, it is now only a Mr. President, let me turn then to gram because the American people hole. And, in fact, if you saw a later one other item. We will in the context have not been given much information picture you would see sunflowers plant- of debating this piece of legislation about the Cooperative Threat Reduc- ed where missiles were previously also discuss whether we wish to au- tion Program. It is kind of a foreign planted poised and aimed at the United thorize two additional rounds of mili- title to a program that in most cases States of America. This is a hole. The tary base closings or whether we want, benefits the lives of every American hole is now covered up. There is no to say it another way, create a base re- citizen. missile, no warhead. And, in fact, sun- alignment and closing commission that I want to describe what it is and why flowers are now planted there. would recommend, in two rounds, clos- it is important and why I support the Mr. President, this piece of metal ing certain military installations in amendment that was offered, I believe, comes from that missile and the mis- our country. by Senator LUGAR, along with many sile silo. This piece of metal was re- I am not here to support having more other distinguished colleagues, and is moved from this missile silo in the capability in military bases than we now pending before the Senate. Ukraine. This little piece of metal is a need. That would be wasteful. I under- The Cooperative Threat Reduction demonstration of the success of the Co- stand that. On the other hand, we have Program is a program by which we en- operative Threat Reduction Program. had three full rounds of base closings gage with our resources under an arms This was part of an armament in the and one abbreviated round. In the three control agreement to help a former ad- ground on an intercontinental ballistic rounds of closing military installa- versary, the former Soviet Union, now missile with nuclear warheads aimed at tions, we have ordered the closure of Russia, and its surrounding States to the United States of America. Now it is over 100 military installations in this reduce the number of nuclear weapons here in this Chamber. And where this country. My understanding is that only and warheads that were previously in silo and missile with a warhead used to 50 of them have been finally and com- place aimed at the United States of sit there is now planted sunflowers. pletely closed. We have no accounting America. Doing so reduces the threat Why? Why at silo 110 near at all—none—of what the costs and the against our country. I think it makes Pervomaisk in the Ukraine is there benefits have been from the closings eminent good sense to see a missile de- now a planting of sunflowers rather that have occurred so far. stroyed in its silo rather than having a than a nuclear missile or an interconti- I think it is far better for us to de- missile fired and have to deal with a nental ballistic missile with a nuclear cide that we should finish the job on missile that is flying toward a target of warhead aimed at the United States? the previous rounds of base closings be- the United States. Because this program works. This pro- fore we authorize two additional Obviously, things have changed dra- gram makes sense. This program re- rounds. matically with the Soviet Union now duces the number of missiles, the num- I have another motive, obviously. I being gone, and we now have Russia ber of bombers, and the number of nu- am concerned about what the rounds of and other independent States. We are clear warheads in an arms control base closings that are authorized do to dealing with a new world, and we have agreement. It reduces the number of communities in our country. We have a cold war that is largely ended. We those weapons that previously had had a couple of Air Force bases put on have a circumstance in which we want been poised to strike at the United the list and taken off the list, put on to work with what had been a former States of America. the list and taken off the list. What adversary to reduce the amount of nu- Let me describe the facts about how happens in communities when you have clear weapons that that adversary now this program has worked. We have seen a base closing round is that the minute possesses in concert with the arms con- the elimination of 212 submarine your community or your facility is re- trol agreements that we have already launchers, 378 intercontinental bal- motely involved in that round of base had with them and that we have nego- listic missile silos, 25 heavy bombers, closings, economic growth is stunted tiated and signed with that former ad- more than 500 ICBM’s. and new investment is stopped. versary. Fiscal year 1997: 131 additional ICBM There isn’t anyone who will come to Mr. President, let me ask unanimous silos—70 of them in Russia, 61 of them Cheyenne, WY, or to Grand Forks, ND, consent to have an object on the floor Kazakhstan—and 43 heavy bombers or Minot, ND, or Rapid City, SD, or that I might use to demonstrate to my gone under this program; and 80 sub- you name it, where they have military colleagues that this, in fact, works. marine launchers, all in Russia, gone; installations, and say, ‘‘Oh, by the way, Mr. President, I want to show my 84 missiles—48 in Ukraine, 36 in Rus- there are going to be new rounds of colleagues a picture. This is a picture sia—gone under this program. In effect, base closings here.’’ of some workers in Russia with power we helped a former adversary destroy So what we want to do is make a new saws sawing the wings off Russian weapons that had previously been investment in the community of apart- bombers. These folks are bent over a poised and aimed at us. ment buildings or commercial prop- wing of a bomber sawing the wings off I can’t think of anything that makes erty, or a plant here or a plant there. Russian bombers. Why are they sawing more sense than to destroy a missile by That is not the way it works. What the wings off Russian bombers and dismantling its silo, the missile and they say is, ‘‘Gee, we do not know what sending these bombers, now unable to the warhead, and it is gone. the future is going to bring.’’ You

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6967 might have 30 percent unemployment most efficient form of government. But the school breakfast program established or in that region 2 years from now be- I say to all of those who question the expanded with the assistance provided under cause they might close that military effectiveness or the efficiency of Gov- this subsection for a period of not less than 3 years; and installation, and if they do, the last ernment that the program called the ‘‘(II) as used with respect to a summer food thing I want to have done is to have Cooperative Threat Reduction Program service program for children, that agrees to made an investment in that commu- in which we help finance the destruc- operate the summer food service program for nity and find that investment going tion of weapons—bombers, missiles, children established or expanded with the as- belly up. It terribly stunts economic and nuclear warheads—that previously sistance provided under this subsection for a growth in these communities while you were aimed at the United States of period of not less than 3 years. have these base closing rounds. America is a program that is a bargain ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- In fact, at the Defense Appropria- by any standard of measure. That ice institution’ means an institution or orga- nization described in paragraph (1)(B) or (7) tions Subcommittee hearing, the sub- makes this world safer; it makes it a of section 13(a) of the National School Lunch committee of which I am a member, better world; and to the extent that we Act (42 U.S.C. 1761(a)). General Fogleman, who indicated in re- can continue this program and fund it ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR sponse to a question of mine that he the way it should be funded, I want to CHILDREN.—The term ‘summer food service would not likely be here when we have be a part of that. I hope very much we program for children’ means a program au- additional base closing rounds and said can get a vote on the amendment that thorized by section 13 of the National School he would not recommend that we have is now pending, and when we do I hope Lunch Act (42 U.S.C. 1761). two additional rounds. If we have addi- ‘‘(2) USE OF FUNDS.—Out of any amounts very much the amendment will prevail. made available under section ll(a)(1) of the tional rounds, and he indicated that he Mr. President, I yield the floor. National Defense Authorization Act for Fis- felt there would be some overcapacity, Mr. WELLSTONE addressed the cal Year 1998, the Secretary of Agriculture we should have only one, he said. That Chair. shall make payments on a competitive basis would be his recommendation. But I The PRESIDING OFFICER. The and in the following order of priority (sub- believe very strongly that we should Chair recognizes the Senator from Min- ject to the other provisions of this sub- not authorize two additional base clos- nesota. section), to— ing rounds in this defense authoriza- Mr. WELLSTONE. I would ask unani- ‘‘(A) State educational agencies in a sub- mous consent that the pending amend- stantial number of States for distribution to tion bill for a number of reasons. eligible schools to assist the schools with The Congressional Budget Office ment be laid aside. nonrecurring expenses incurred in— stated the following. The Congressional The PRESIDING OFFICER. Without ‘‘(i) initiating a school breakfast program Budget Office said: objection, it is so ordered. under this section; or The Congress could consider authorizing AMENDMENT NO. 670 ‘‘(ii) expanding a school breakfast pro- an additional round of base closures if DOD (Purpose: To require the Secretary of De- gram; and believes there are surplus military capacity fense to transfer $5,000,000 to the Secretary ‘‘(B) a substantial number of States for dis- after all rounds of BRAC have been carried of Agriculture to provide funds for out- tribution to service institutions to assist the out. That consideration, however, should fol- reach and startup for the school breakfast institutions with nonrecurring expenses in- low an interval during which DOD and inde- program) curred in— pendent analysts examine the actual impact Mr. WELLSTONE. Mr. President, I ‘‘(i) initiating a summer food service pro- of measures that have been taken thus far. gram for children; or call up amendment 670. ‘‘(ii) expanding a summer food service pro- Such a pause would allow DOD to collect the The PRESIDING OFFICER. The data necessary to evaluate the effectiveness gram for children. clerk will report. ‘‘(3) PAYMENTS ADDITIONAL.—Payments re- of initiatives and to determine the actual The assistant legislative clerk read costs incurred and savings achieved. ceived under this subsection shall be in addi- as follows. tion to payments to which State agencies The Congressional Budget Office The Senator from Minnesota [Mr. are entitled under subsection (b) of this sec- thinks it would be unwise to initiate WELLSTONE] proposes an amendment num- tion and section 13 of the National School additional base closing rounds without bered 670. Lunch Act (42 U.S.C. 1761). having the information available about Mr. WELLSTONE. Mr. President, I ‘‘(4) STATE PLAN.—To be eligible to receive what have been the costs and the bene- a payment under this subsection, a State ask unanimous consent that reading of educational agency shall submit to the Sec- fits of the previous three rounds. I the amendment be dispensed with. think we would be wise to heed the ad- retary of Agriculture a plan to initiate or ex- The PRESIDING OFFICER. Without pand school breakfast programs conducted in monition of the Congressional Budget objection, it is so ordered. the State, including a description of the Office on this issue. The amendment is as follows: manner in which the agency will provide A good many Senators have ex- At the end of subtitle D of title X, add the technical assistance and funding to schools pressed an interest in this amendment following: in the State to initiate or expand the pro- on both sides of the aisle—Senator SEC. . TRANSFER FOR OUTREACH AND STARTUP grams. DASCHLE, Senator CONRAD, Senator FOR THE SCHOOL BREAKFAST PRO- ‘‘(5) SCHOOL BREAKFAST PROGRAM PREF- LOTT, Senator DOMENICI, Senator FEIN- GRAM. ERENCES.—In making payments under this subsection for any fiscal year to initiate or STEIN, Senator DODD, and others. I (a) TRANSFER REQUIRED.—In each of fiscal expand school breakfast programs, the Sec- know we will likely have a significant years 1998, 1999, 2000, 2001, and 2002, the Sec- retary of Defense shall transfer to the Sec- retary shall provide a preference to State and robust debate when this occurs. retary of Agriculture— educational agencies that— I simply wanted to alert my col- (1) $5,000,000 of the funds appropriated for ‘‘(A) have in effect a State law that re- leagues that some of us feel very the Department of Defense for that fiscal quires the expansion of the programs during strongly that we should not initiate year; and the year; additional base closing rounds in this (2) any additional amount that the Sec- ‘‘(B) have significant public or private re- defense authorization bill until we re- retary of Agriculture determines necessary sources that have been assembled to carry ceive the information that we think we to pay any increase in the cost of the meals out the expansion of the programs during the should have about costs and benefits on provided to children under the school break- year; ‘‘(C) do not have a school breakfast pro- previous rounds. fast program as a result of the amendment made by subsection (b). gram available to a large number of low-in- Let me close with a word about the (b) USE OF TRANSFERRED FUNDS.—Section 4 come children in the State; or subject that I originally discussed; that of the Child Nutrition Act of 1966 (42 U.S.C. ‘‘(D) serve an unmet need among low-in- is, the Cooperative Threat Reduction 1773) is amended by adding at the end the fol- come children, as determined by the Sec- Program. lowing: retary. There are those who are critical of ‘‘(f) STARTUP AND EXPANSION COSTS.— ‘‘(6) SUMMER FOOD SERVICE PROGRAM PREF- the political process, and I suppose in ‘‘(1) DEFINITIONS.—In this subsection: ERENCES.—In making payments under this many cases justifiably, because there ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible subsection for any fiscal year to initiate or are a lot of things that are done in the school’ means a school— expand summer food service programs for ‘‘(i) attended by children, a significant per- children, the Secretary shall provide a pref- democratic process that are not effi- centage of whom are members of low-income erence to States— cient, some not effective. It is not a families; ‘‘(A)(i) in which the numbers of children very efficient form of government—the ‘‘(ii)(I) as used with respect to a school participating in the summer food service best form of government but not the breakfast program, that agrees to operate program for children represent the lowest

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6968 CONGRESSIONAL RECORD — SENATE July 8, 1997 percentages of the number of children receiv- and later on that child is quite likely AMENDMENT NO. 666 ing free or reduced price meals under the to end up being an adult who cannot (Purpose: To increase funding for Federal school lunch program established under the earn. Pell Grants) National School Lunch Act (42 U.S.C. 1751 et To give some context, we still have Mr. WELLSTONE. I call up amend- seq.); or some 27,000 schools that are not able to ment 666. ‘‘(ii) that do not have a summer food serv- The PRESIDING OFFICER. The ice program for children available to a large make breakfast available or that do number of low-income children in the State; not make breakfast available to eligi- clerk will report. and ble students, and 8 million low-income The assistant legislative clerk read ‘‘(B) that submit to the Secretary a plan to children who need breakfast but do not as follows. expand the summer food service programs participate. What my amendment does The Senator from Minnesota [Mr. for children conducted in the State, includ- is correct an action that we as Con- WELLSTONE] proposes an amendment num- bered 666. ing a description of— gress took which was egregious. In the ‘‘(i) the manner in which the State will welfare bill that we passed, we elimi- Mr. WELLSTONE. Mr. President, I provide technical assistance and funding to ask unanimous consent that reading of service institutions in the State to expand nated a $5 million fund which was an outreach and start-up grant for school the amendment be dispensed with. the programs; and The PRESIDING OFFICER. Without ‘‘(ii) significant public or private resources breakfast programs. It was created in objection, it is so ordered. that have been assembled to carry out the 1990, and it was made permanent in The amendment is as follows: expansion of the programs during the year. 1994. These outreach grants are one- At the end of subtitle D of title X, add the ‘‘(7) RECOVERY AND REALLOCATION.—The time grants that help States develop Secretary shall act in a timely manner to re- following: school breakfast programs. SEC. . TRANSFER OF FUNDS FOR FEDERAL PELL cover and reallocate to other States any Let me be crystal clear as to what is amounts provided to a State educational GRANTS. agency or State under this subsection that going on here. Every low-income stu- (a) TRANSFER REQUIRED.—The Secretary of are not used by the agency or State within a dent who is eligible for a free lunch is Defense shall transfer to the Secretary of reasonable period (as determined by the Sec- eligible for breakfast as well but only Education $2,600,000,000 of the funds appro- retary). 40 percent of those students are able to priated for the Department of Defense for fis- cal year 1998. ‘‘(8) ANNUAL APPLICATION.—The Secretary get the assistance they need for a (b) USE OF TRANSFERRED FUNDS.—Funds shall allow States to apply on an annual healthy and nutritious breakfast. The transferred to the Secretary of Education basis for assistance under this subsection. $5 million grant program was elimi- pursuant to subsection (a) shall be available ‘‘(9) GREATEST NEED.—Each State agency nated because it was an effective cata- and State, in allocating funds within the to carry out subpart 1 of part A of title IV of State, shall give preference for assistance lyst toward school districts expanding the Higher Education Act of 1965 (20 U.S.C. under this subsection to eligible schools and both their School Breakfast Programs. 1070a) for fiscal year 1998. service institutions that demonstrate the The welfare bill eliminated it because Mr. WELLSTONE. Mr. President, we greatest need for a school breakfast program it was a success. have a budget plan that provides an ex- or a summer food service program for chil- Now, why in the world do we want to cess $2.6 billion to the Pentagon above dren, respectively. eliminate a small grant program which and beyond what the President re- ‘‘(10) MAINTENANCE OF EFFORT.—Expendi- was such an important tool in pro- quested. This amendment would au- tures of funds from State and local sources viding a nutritious breakfast for low- thorize the Secretary of Defense to in- for the maintenance of the school breakfast income children in America? What this program and the summer food service pro- vest that $2.6 billion in Pell grants in- gram for children shall not be diminished as amendment does is to point out that in stead of $2.6 billion into the Pentagon a result of payments received under this sub- the budget plan we have $2.6 billion for budget. section.’’. the Pentagon above and beyond what If this amendment passes, we would Mr. WELLSTONE. Mr. President, be- the President requested. Can we not see the maximum Pell grant go up to fore I go any further, I ask unanimous authorize the Secretary of Defense to $3,800, and Pell grants stretch to reach consent that Justin Page, who is an in- take $5 million out of $2.6 billion more 4,278,000 students. tern, be allowed to be in the Chamber than the President even requested and This would make a huge difference. during the duration of this debate. put that into a grant program for There was an excellent piece by Larry The PRESIDING OFFICER. Without States and local school districts so Gladieux in Monday’s New York Times. objection, it is so ordered. they can start up school breakfast pro- Gladieux made the argument that what Mr. WELLSTONE. I thank the Chair. grams? is now being proposed—and by the way, Mr. President, I rise today to intro- I submit that part of our definition of I am trying to provide a rigorous, if duce some amendments so that my col- national security has to be the security you will, critique of both Republicans’ leagues have some knowledge of them. of local communities—where every and Democrats’ plans on this—both the We will get back to them when there is child is able to reach her and his full President’s plan and what is being done more time to debate these amend- potential—because when our children here in the Congress through tax de- ments. do well, we do well. It is unconscion- ductions and tax credits does not reach The School Breakfast Program was able that we eliminated an effective, those families for whom higher edu- established back in 1966 as a pilot pro- crucial $5 million grant program when cation really has not been attainable. gram. It was primarily located in rural so many low-income children who need He pointed out, for example, that if a districts. The idea was that children a nutritious and healthy breakfast are tax credit program is not refundable, who lived in rural areas with long bus not able to have it. many families with incomes under rides might not be able to have time to So this is an amendment which gives $28,000 and many community college eat breakfast at home. Since then, the the Secretary of Defense the authority students are not going to benefit at all. School Breakfast Program has really to transfer to the Secretary of Agri- Talk to your financial aid offices. become a wonderful program upon culture $5 million from the $2.6 billion Talk to your students. Talk to people which parents and students heavily above and beyond what the President in your States. I know this is the case rely. In many families, a single parent requested for the Pentagon. Is that too in New Mexico as well. I know that is working or both parents are work- much to ask, $5 million to help State Senator BINGAMAN has been a huge ad- ing, and school breakfasts are recog- and local school districts expand the vocate of the Pell Grant Program. You nized as one of the most beneficial nu- School Breakfast Program so more of talk to many in these community col- trition programs we have. the vulnerable children in this country lege programs, many of whom are older Let me make it clear that a hungry can at least have a nutritious break- and going back to school, and they will child cannot learn and will likely grow fast? That is what this amendment tell you that the Pell Grant Program is up to be an adult who cannot earn. We speaks to. This is amendment 670. the most effective, efficient way of are talking about a very wise invest- Mr. President, I now would ask unan- meeting their needs. ment. One more time. Sometimes we imous consent that this amendment be Mr. President, I do not remember ex- debate in this Chamber and we make laid aside. actly the statistics, but there has been issues out to be so complex. This is The PRESIDING OFFICER. Without something like a flat 8 percent gradua- simple. A hungry child cannot learn objection, it is so ordered. tion rate for women and men coming

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6969 from families with incomes under where it leads. Those who oppose a ference between victory and defeat and it $20,000 a year since the late 1970’s. That strong defense often attempt to justify also spells the difference between being a su- is a disgrace. We know higher edu- their position by reminding us that the perpower and not being one. cation is key to economic success. All cold war is over. They conclude that Mr. President, I strongly urge all of of us wish that higher education will be defense spending should be lower be- my colleagues to oppose this amend- there for our children and our grand- cause we do not face an obvious danger ment that would intend to cut defense children, but still we have a lot of fam- from a threat like the Soviet Union. spending. It is absolutely necessary ilies for whom it is not affordable. The They make a simple argument. This ar- that we maintain defense for the secu- best way to make sure they have the gument is appealing because it pro- rity of this Nation. I yield the floor. assistance they need, the best way to vides an easy solution to our funding Mr. WELLSTONE addressed the make sure the Pell Grant Program can problems—but the argument is wrong Chair. help working families, moderate-in- and dangerous. The PRESIDING OFFICER. The come families, even reach into the mid- While our Nation no longer faces a Chair recognizes the Senator from Min- dle-income range, is to expand the Pell cold war danger, the world is still a nesota. Grant Program. I suggest that when we dangerous place. The belief that con- Mr. WELLSTONE. Mr. President, have all sorts of reports that there are tinual reductions to defense are in just a very brief response. I appreciate tens of billions of dollars the Pentagon order is not only ignoring reality, it the comments of my colleague from cannot even account for in its expendi- also overlooks requirements for both South Carolina. I always appreciate tures—Senator GRASSLEY from Iowa present and future force readiness. We what he has to say. has done an excellent job in continuing ask our men and women in uniform to I do want to point out that one of my to focus on this issue—and when you respond to crises all over the world amendments—and I am hoping we can have a situation where the Pentagon in every day. Right now, we have United have some agreement on it—just says the budget resolution receives more States troops on duty in Bosnia, in the we should really follow the action of money than the President even re- skies over Iraq, and on ships at sea the House and do not eliminate a pro- quested, it would seem to me we could near any actual or potential trouble gram within DOD which is a critical take that $2.6 billion in excess of what spot in the world. testing program for atomic veterans to The Chief of Staff of the Army, Gen- is needed or has been requested and in- find out what happened to them. eral Reimer, testified that, stead put it into a very successful high- The second amendment I have has a er education program which is all Requirements have risen 300 per- lot to do with defense. It has to do with cent....Excessive time away from home is veterans who found out after the fact about our national defense. often cited by quality professionals as the We do not do well as a nation unless that in the budget resolution we essen- reason for their decision to leave the mili- tially put into effect cuts in veterans’ we have a skilled work force. As we tary. It is common to find soldiers that have look to the next millennium, when so been away from home . . . for 140, 160 or 190 health care. I just have to say to all many of the industries are going to be days of this past year. my colleagues, these veterans are very womenmade and manmade—and many The Secretary of the Air Force, Dr. much about our national defense. I of them, Mr. President, since you are a Widnall, testified that, don’t think it is too much out of a $2.6 strong advocate of small business, are Since Desert Storm, we have averaged billion excess of what the President small businesses—let us make sure three to four times the level of overseas de- and Pentagon even asked for to say, that higher education is affordable. Let ployment as we did during the Cold War. look, let’s take $400 million and put us do something that will make a huge The problem remains that we will that into the VA health care budget. difference. And one of the things we do not require less of our servicemen and These veterans are all about our na- is take a small amount of money—it is women. At the same time, some of my tional defense. I think this is going to a small amount of money in the con- colleagues seek to continue to reduce be a critically important vote, and I text of the Pentagon budget—and put defense spending. This is not right. De- look forward to the debate on it. it into expanding the Pell Grant Pro- ployments to trouble spots have not The third amendment I offered was gram. slowed down. We have not stopped an amendment which dealt with the There is not one of my colleagues, sending our young service people all School Breakfast Program. I again Democrat or Republican, who is going over the world. have to say, it would seem to me when to hear from the higher education com- Arguments are made that the Pen- we are talking about $2.6 billion more munity, the students or their families tagon could find all the money it needs than what the President asked for, it is that more of an investment in the Pell by eliminating wasteful spending. Mr. not so much to take $5 million which is Grant Program is not extremely impor- President, this is probably true of so critical to enabling States to start tant to them. It is very important to many programs, not just defense. No up school breakfast programs and put the families we represent. It is very im- one supports wasteful spending. But it towards making sure that children portant to the future of our States. It concerning the Defense Department, have a nutritious breakfast before they is very important to the future of our Secretary Cohen is taking action. He go to school. This is all about prior- country. I look forward to a full debate has just finished and delivered the De- ities. It is not a question, I say to other about our priorities as we go forward partment’s report on the Quadrennial Senators, of not wanting a strong de- with this defense authorization bill and Defense Review [QDR], a review of the fense. This is a small amount of money get back to debate on each of these national military strategy, force struc- we are saying the Secretary might be amendments. ture, and assets necessary to carry out authorized to transfer, a small amount With that, Mr. President, I thank my it out. He has recently established an- of money with a very big bang. colleagues for their graciousness in let- other panel to push the Defense De- I just finished talking about how my ting me introduce these amendments partment toward more business-like Pell grant amendment, too, impacts today and I will yield the floor. operations. The Armed Services Com- our national defense. Mr. THURMOND. Mr. President, I mittee has already held one hearing So, again, these amendments all rise today to oppose the amendment of- concerning the QDR. More hearings focus on the $2.6 billion above and be- fered by Senator WELLSTONE to reduce will be held. yond what the President requested for defense spending. The budget agree- Mr. President we must remember the Pentagon. These amendments say ment represents what is available for that the QDR is an attempt to define we ought to at least give the Secretary defense spending, not what is required. our military requirements for our fu- the authority to transfer some of the This amendment reduces defense fund- ture military security, but we must small amount of funding to make sure ing below the amount that was agreed deter wars with ships, planes, and veterans get the health care that they to by both the congressional and ad- tanks today. There is a price for free- need or to make sure that we re-estab- ministrative budget negotiators. dom. This is the price for world leader- lish startup grants for the School Mr. President, we have been down ship. As Secretary Cohen stated: Breakfast Program, to make sure we this road before, but it seems that Having highly ready forces that can go keep the program that we have had for some of my colleagues have forgotten anywhere at any time really spells the dif- the atomic veterans, and, finally, I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6970 CONGRESSIONAL RECORD — SENATE July 8, 1997 have raised questions about an invest- derstand why we are having the vote at Congratulations, Senator ENZI. ment in education, but it is all done all. I hope that the majority leader will Thank you for all the time that you within the framework of an excess $2.6 reconsider and vitiate the yeas and have spent in the chair. The week be- billion. This is a debate about prior- nays and put off any votes on cloture fore the Fourth of July recess period I ities, it is not a debate about who is for until such time as there is some evi- had noted what an excellent job you a strong defense. dence at least that some Senator is had been doing as a Presiding Officer, Mr. President, I yield the floor, and I trying to delay action on the bill. I see having been in the chair late, I think it suggest the absence of a quorum. no evidence of that at the present time. was, on Thursday night and back in the The PRESIDING OFFICER. The I think all of the Senators who have chair through a long, extended period clerk will call the roll. come to the floor this morning to offer of time on Friday morning. The legislative clerk proceeded to amendments have had those amend- We appreciate your good work. Now call the roll. ments set aside because of their agree- that you have reached this milestone, Mr. BINGAMAN. Mr. President, I ask ment with the majority leader’s posi- we hope you will continue on. You are unanimous consent that the order for tion that we should postpone votes doing such a good job we will just keep the quorum call be rescinded. until tomorrow evening after our col- this pattern going in the future. The PRESIDING OFFICER. Without leagues return from Madrid. f objection, it is so ordered. Mr. President, I wanted to make that ORDER OF PROCEDURE Mr. BINGAMAN. Mr. President, since statement because I have great dif- there is no other Senator wishing to ficulty understanding myself the proce- Mr. LOTT. Mr. President, Senators speak right now, let me say a word dure that is being followed. should be on notice that the Senate about the procedure that we seem to be I yield the floor, and I suggest the ab- will begin having rollcall votes on agreed upon of having a cloture vote sence of a quorum. Mondays and Fridays in order to make this afternoon at 3 o’clock. I know the The PRESIDING OFFICER. The substantial progress on appropriations majority leader has requested unani- clerk will call the roll. bills prior to the August recess. I have mous consent to do that and has been The legislative clerk proceeded to discussed this with the Democratic granted unanimous consent to do that. call the roll. leader. He understands and agrees we I certainly did not object. But I have to Mr. LOTT. Mr. President, I ask unan- should be prepared to have these votes say, Mr. President, that the procedures imous consent that the order for the on Mondays and Fridays so that we can in the Senate, as is said in Alice in quorum call be rescinded. make substantial progress on appro- Wonderland, get curiouser and The PRESIDING OFFICER. Without priations bills. curiouser. Having a cloture vote at this objection, it is so ordered. We hope to do a minimum of five ap- stage in our deliberations on this De- Mr. LOTT. Mr. President, for the in- propriations bills as well as the bal- fense authorization bill seems to me formation of all Senators, the cloture anced budget and the tax fairness con- the most curious of any procedure I vote scheduled for today will occur at 3 ference reports before the Senate ad- can recall. p.m. It is my hope that cloture will be journs for the August recess. We are, as I understand it, being ad- invoked so that the Senate can com- Consequently, Senators need to be vised by the leadership, the majority plete action on this very important De- aware that votes should be anticipated leadership, Senator LOTT, that we do partment of Defense authorization bill on Mondays and Fridays, at least up not want any votes on this bill until at this week. until noon on Fridays. We will need the least 6 o’clock tomorrow evening when It is my understanding that perhaps cooperation of all Senators. the absent Members who are in Madrid as many as 150 first-degree amend- We also, of course, could have some with the President attending the meet- ments have been filed to the bill. Need- Executive Calendar nominations that ing on NATO return. I understand that less to say, there remains a tremen- would be required to either get clear- is a very important meeting, and I cer- dous amount of work to be done in ance or to actually have them called up tainly commend them for being there order to complete action this week. and have votes on them. We will be providing more information on that as to attend that. I do not object to post- f poning votes on this important defense the week goes forward. authorization bill until they return. SENATOR ENZI RECEIVES GOLDEN I yield the floor, Mr. President. But for us to be, on one hand, being GAVEL AWARD f told that we should not vote because Mr. LOTT. Mr. President, today, the RECESS Members are absent and, on the other Senate pauses to recognize a colleague The PRESIDING OFFICER. Under hand, being told that we should invoke who has now presided over the Senate the previous order, the Senate stands cloture because someone is delaying for 100 hours during this session of Con- in recess until 2:15 p.m. today. the Senate in concluding action on this gress. It has been a longstanding tradi- Thereupon, at 12:38 p.m., the Senate bill, the only people delaying the Sen- tion in the U.S. Senate to honor those recessed until 2:15 p.m.; whereupon, the ate in concluding action are the absent Senators who preside 100 hours in a sin- Senate reassembled when called to Senators or the leadership in trying to gle session. To those individuals who order by the Presiding Officer (Mr. protect them from votes. So I have achieve this height, we bestow the HAGEL). great difficulty understanding why we Golden Gavel Award. Mr. INHOFE. Mr. President, I suggest While many Senators have won this are having this cloture vote today. the absence of a quorum. Obviously, if that is the majority prestigious honor, few have done so as The PRESIDING OFFICER. The leader’s will or desire, he has that right swiftly as Senator MIKE ENZI of Wyo- clerk will call the roll. under Senate rules. But for people who ming. Indeed, Senator ENZI has sur- The legislative clerk proceeded to try to understand the proceedings passed all other records that have been call the roll. around the Senate, I think they need set by Republican Senators in the his- Mr. COCHRAN. Mr. President, I ask to understand that invoking cloture tory of the Golden Gavel Award. Today unanimous consent that the order for does cut off debate. That is the purpose he completes his 100th presiding hour. the quorum call be rescinded. of it. It limits the number of amend- The Senate has been in session this The PRESIDING OFFICER. Without ments each Senator can offer. It limits year for approximately 615 hours, and objection, it is so ordered. the length of time each Senator can the freshman Senator from Wyoming, f speak. It prevents us from seriously as Presiding Officer, has filled 100 of considering legitimate proposals that those hours with matchless enthusiasm MORNING BUSINESS may be made to improve or alter this and dedication. Mr. COCHRAN. Mr. President, I ask bill. So, on behalf of my colleagues, I ex- unanimous consent there now be a pe- So I think it would be a big mistake tend my congratulations to the first riod for morning business during which for us to invoke cloture. As I said in Golden Gavel recipient of the 105th Senators may speak for up to 5 min- my early comment, I think it is really Congress, Senator MIKE ENZI, who is utes each, lasting until the hour of 3 very confusing to this Senator to un- presiding at this time. p.m.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6971 The PRESIDING OFFICER. Without that feeds over 50,000 people a month in lost loved ones, we send our prayers objection, it is so ordered. Michigan, sustained $10 million in and condolences. And to the many oth- f damages when a tornado tore the roof ers who have been affected by this, we off several of its buildings and blew out want you to know that people are com- HONORING THE GIBSONS ON THEIR dozens of windows. In the city of Ham- mitted to working to do everything we 60TH WEDDING ANNIVERSARY tramck, another community I visited, can to return things to normal and to Mr. ASHCROFT. Mr. President, fami- the scene was reminiscent of a Holly- overcome this tragedy. It was an in- lies are the cornerstone of America. wood set, with cars up-ended, houses credible storm, but Michigan is an in- The data are undeniable: Individuals destroyed, and roofs ripped off build- credible State, and I know we will suc- from strong families contribute to the ings. It was an incredible act of nature cessfully rebuild and put things back society. In an era when nearly half of which, at one point, left approximately on track in a very short period of time. all couples married today will see their 325,000 people in our State without I yield the floor. union dissolve into divorce, I believe it power. is both instructive and important to I appear today, really, just to give f honor those who have taken the com- the Senate an update. Michigan is a re- ARE POLITICAL CONTRIBUTIONS mitment of ‘‘till death us do part’’ seri- silient place and the people in all of VOLUNTARY? ously, demonstrating successfully the these communities have risen to this Mr. NICKLES. Mr. President, on be- timeless principles of love, honor, and challenge. People have been volun- half of Mr. David Stewart and millions fidelity. These characteristics make teering, helping neighbors, and coming of workers like him, who hold their po- our country strong. from all over our State to lend a hand litical freedoms in this country in the For these important reasons, I rise in places such as Chesaning, a city in highest regard, I send the June 25, 1997 today to honor Clarence and Rena Gib- Saginaw County, and in Genesee, Rules Committee testimony of Mr. son of Independence, Missouri, who on Wayne, Macomb and Oakland Counties. David Stewart of Owasso, Oklahoma to August 7, 1997, will celebrate their 60th I am very proud of those people, Mr. the desk and ask unanimous consent wedding anniversary. My wife, Janet, President. I appear today to thank all that it be printed in the RECORD. and I look forward to the day we can of those who have stepped up to this There being no objection, the testi- celebrate a similar milestone. The Gib- challenge. mony was ordered to be printed in the sons’ commitment to the principles Government officials, led by our Gov- RECORD, as follows: and values of their marriage deserves ernor John Engler, Detroit Mayor Den- to be saluted and recognized. nis Archer, Mayor Kozaren of Ham- TESTIMONY OF DAVID STEWART, TRANSPORT WORKERS UNION OF AMERICA-LOCAL 514, RE- tramck, Mayor Danaher of Grosse f GARDING SENATE BILL S. 9, THE PAYCHECK Pointe Farms, Supervisor Kirsh of MICHIGAN TRAGEDIES PROTECTION ACT Washington Township, Supervisor My name is David Stewart, I am a member Mr. ABRAHAM. Mr. President, late DePalma of Groveland Township, Su- of the Transport Workers Union of America, on Wednesday, July 2, the State of pervisor Walls of Springfield Township, Local 514 located in Tulsa, Oklahoma. I am Michigan was the recipient of an Mayor Jester of East Lansing, Super- here today to support changes in legislation uninvited guest for the holiday week- visor Miesle of Cohoctah Township, Su- that will protect the hard earned money of end: Namely, a series of intense thun- pervisor Kingsley of Conway Township, myself, and my co-workers. We are tired of derstorms which ripped through the Supervisor Wendling of Maple Grove funding political agendas and/or candidates south-central and south-eastern por- Township, Village President Mahoney that we do not endorse or vote for. I want to tions of our State. first make the point that I am not anti- of Chesaning and numerous other local union, I have received decent wages and ben- Heavy rains, accompanied by 13 con- officials have pulled together the State efits as a result of my membership with the firmed tornado touchdowns, and power- and local resource teams to get out and T.W.U. and believe that union membership is ful straight line winds in excess of 70 to help distressed folks. The Michigan beneficial and would recommend that all 100 miles per hour caused extensive State emergency personnel, the State working men and women of the United damage, injury and some deaths in our police, and FEMA have already begun States join in a union. State. I have had the chance since then the public damage assessments and Let me submit a brief overview of my his- to tour a number of the damaged sites they have been stalwarts in addressing tory in Organized Labor. I became a union in our State, and I know that Senator member (Transport Workers Union of Amer- these problems. I want to commend ica) in September 1983, when I was hired as a LEVIN has likewise been visiting some them, but I especially want to com- welder at American Airlines Inc. I was very of these communities. I can attest to mend the volunteers from all over our interested in the affairs of the union and at- the level of destruction which has State who have joined together to pro- tended all union meetings and quickly be- taken place in Michigan. vide these first few days the kind of came a Shop Steward around December 1983. Just to put some statistics to the de- neighbor-to-neighbor help that truly As my interest continued, I was offered scriptions, all told we had 13 people makes the difference when crises of Labor Study classes in the evenings at Tulsa who were killed as a result of the this type occur. Junior College in 1984. I accepted and at- storms, approximately 117 others as of Our office is very actively involved, tended the following courses: History, Orga- this morning who were injured, and nization, and Functions of Unions, Labor and along with the other congressional of- Politics, Labor Laws, and Grievance Han- some 1,482 people are homeless today as fices, in trying to provide assistance. dling and Arbitration. a result of the storm. Public damage We have made it clear to those in need, In 1985–86 I was elected Vice-President of estimates at this point are now close to if there is anything we can do we will the Northeastern Oklahoma Labor Council. $135 million, and are expected to rise. be there to help. We also intend to con- This was a very short lived position as I am To put it in even a more personal tinue the efforts to work with our the father of three boys and the time needed perspective, in Grosse Pointe Farms, State and with FEMA to provide what- to perform these duties conflicted with my MI, winds in excess of 75 miles per hour ever assistance we can, and if a deci- requirements as a father and resigned this caused the collapse of an occupied pic- position after about eight months. In any sion to seek Federal aid is made, cer- event, my involvement with the union con- nic pavilion gazebo. It actually swept tainly I urge the President to move tinued as a member. I continued my duties the gazebo across the park, lifted it quickly to approve it. My wife, today, as Shop Steward and was very involved with and those in it through a fence and in fact, is in the State working with the Political Wing of the Union. This Polit- into Lake St. Clair. Five people, in- the Red Cross in a number of the shel- ical Wing has a ‘‘sign factory’’ behind the cluding several very young children, ters that have been provided. People Union Hall where volunteers print, assemble, were killed as a result. In Wayne and from our staff and other congressional and distribute yard signs for political cam- Macomb, Counties, flooding caused by staffs, I know, are likewise performing paigns. I spent many hours in this building the intense rainfalls resulted in nearly learning of political issues and candidates various volunteer services. that the union supported. 52 million dollars’ worth of damage to So, Mr. President, I want to send a In 1991, I transferred to a newly created the public water and sewer systems. In heartfelt thanks to those in our State local in Fort Worth, Texas. As I spent time the city of Detroit, the headquarters of who have donated their time and en- away from Tulsa and the strong political Focus:HOPE, a volunteer organization ergy. To the families of those who have wing of the Tulsa local union, my personal

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6972 CONGRESSIONAL RECORD — SENATE July 8, 1997 political views began to change toward a so that I can receive the reward for voice and cern that the country must remain One more conservative position and I began to re- vote in the union business associated with America, and that all Americans must alize that I really do not agree with some of the germane. have an opportunity to share in the the agendas and the candidates that the I am currently a participant for Option B, American dream. union endorses. Yet, we are all required to and I appear before this committee today to fund these agendas and campaigns just by exercise Option C. Too often, the race issue is used as a virtue of our membership in the union. As I It is my understanding that Organized wedge to divide America. searched for relief from this unjust require- Labor will oppose this legislation. I find this President Clinton’s goal is to unite ment, I found out about the ‘‘Beck Supreme to be an interesting position, because it will America by examining where we have Court Decision’’ which in effect gives a union not outlaw expenditures, only require con- been, and where we need to go, in order member the right to a refund of the non-bar- sent from each member. If Labor is con- to achieve lasting racial reconciliation. gaining expenditures of the union. The prob- vinced that the membership supports their President Clinton correctly recognizes lem is, I must relinquish my union member- non-germane spending, they should also be that our Nation’s diversity is our convinced that the consent to continue, and ship and the rights associated with that greatest strength, and that we must membership to seek this refund. It is absurd even an increase in this spending should be to require me to fund the contract bar- very easy to obtain. I have no pride in the 35 improve the ability of all Americans to gaining, contract enforcement and adminis- Million Dollar attack on members of Con- realize their full potential. tration of the Local, yet require me to for- gress in the election of last fall. I was dis- Civil rights is still the unfinished feit my rights to a voice in these affairs, gusted to watch the misleading television business of America. We have come a only because I oppose the political expendi- ads attacking decent members of Congress, long way toward the goal of equal jus- tures of the union. I still attend the union and I know many of my co-workers feel the tice and opportunity. But as the meetings and enjoy having a voice in the af- same. On the other hand, an active campaign church arson epidemic, the Texaco de- fairs of the union and my career, I am not has begun to garner support for changes to bacle, the O.J. Simpson trial and the willing to give up this activity to receive the the Federal Aviation Regulations, a bill to refund afforded me by the ‘‘Beck Decision.’’ equalize regulations between domestic and Good Ol’ Boys Roundup demonstrate, In September of 1996, I transferred back to foreign Aviation Repair Stations, this is a we are not there yet. Tulsa as a Crew Chief. I have duties and re- political expenditure that myself, and my Incredibly, there appear to be some sponsibilities covering the assignments of 20 co-workers must spend whatever it takes to who believe that discrimination is a mechanics and welders. I have attended seek support, this is one issue I should not thing of the past, and that the playing about six union meetings in the past eight oppose expenditures and volunteer funds for. field is now level for women, for people months, I have had no conflicts with the This is where I stop and think to myself... of color, and for other victims of dis- union that would influence my decision to why does everything require political fund- crimination. The facts clearly belie come to Washington and testify. I would like ing for passage? Or, why don’t we just do the to believe that my status as a union member right thing for the voter anymore? However, this claim. of the T.W.U. will not be affected by my tes- these hearings are not about Federal Avia- The unemployment rate for African- timony before this committee. tion Regulation changes, Republican vs. Americans is twice that of whites. My options under current law are best de- Democrat, Pro-Union vs. Anti-Union, Right- Women still earn only 72 percent as scribed as follows: to-Work Laws vs. Union Security Agree- much as men. Option A: ments. The issue is about allowing a union The average income of a Latina During the month of January, of any given member to object to political expenditures woman with a college degree is far less year I can send a notice of my objection to and retain the right to vote on issues associ- the International Secretary Treasurer. I than that of a white man with a high ated with the germane expenditures of the school degree. The Glass Ceiling Com- must first assume non-member status in my union that he will fund regardless of which union. I am required to renew this objection option described above is exercised. mission reported that 97 percent of the in January of each year to object for the sub- I feel privileged to sit before this com- top executive positions in Fortune 500 sequent twelve months. As an objector, I mittee today, as the debate over the cam- companies are held by white men, al- shall have neither a voice nor a vote in the paign finance becomes the focus of our gov- though they are just 43 percent of the internal affairs of the Local Union or of the ernment. Very few Americans today believe work force. In the Nation’s largest International Union; nor shall I have a voice that a single voter as myself without a huge or a vote in the ratification of or in any mat- companies, only 1 percent—1 percent— bankroll of cash to fund the next campaign of senior management positions are ter connected with the collective bargaining could ever reach this level of participation. I agreement, whether or not it covers my em- have already, and will continue to spread the held by Latinos or African-Americans. ployment. My paycheck shall continue to word that indeed with persistence and Hate crimes continue to occur at have a fee equal to full union dues deducted knowledge of the issue, a constituent is still alarming rates. by my employer and transmitted to the welcome on the hill. The scales of justice are supposed to union. The Local and the International, I believe very strongly that the Paycheck be blind, but these figures demonstrate place these fees in an interest bearing escrow Protection Act introduced by Senator NICK- that race and gender discrimination account. After completion of an audit, I will LES is the answer to my woe as a union mem- are distorting the balance. receive a rebate equal to an amount ascribed ber. I can object to the collection by intimi- by the audit to non-chargeable activities. Yet, there are those who want to dation of my hard earned money for political eliminate all affirmative action pro- This rebate of course does not include any views and agendas I oppose, yet continue to portion of the interest applied to the escrow have involvement and support those affairs grams, claiming that they have out- account. I can at my own expense challenge of my union that I have no opposition to. It lived their usefulness. It’s time to dis- the validity of the audit. This procedure is is refreshing to see that my Senator, has the pel the barrage of misinformation very cumbersome and probably cost more insight and courage to help the union mem- about affirmative action. than the challenge would change the audit bers of this country by authoring ‘‘the Pay- Affirmative action is not about pro- report. check Protection Act’’ Senate Bill No. 9. Option B: moting or hiring unqualified women I can continue to fund all of the non-ger- Mr. KENNEDY. I ask unanimous con- and minorities, admitting unqualified mane and political expenditures of my union. sent that Tom Perez on my staff be students, or awarding contracts to un- This option allows me to maintain the very given floor privileges. qualified businesses. important voice and vote in the affairs of the The PRESIDING OFFICER. Without Affirmative action has clearly Local and International Union. More impor- objection, it is so ordered. worked in the Armed Forces. Does any- tantly, as a bonus for funding these activi- f body doubt the qualifications of Gen. ties, I have a voice and a vote in the ratifica- Colin Powell? tion of the collective bargaining agreement. PRESIDENTIAL RACE INITIATIVE Affirmative action has clearly It should be pointed out here, that I will AND AFFIRMATIVE ACTION fund the collective bargaining process re- worked in education. College admis- gardless of which option I choose. I only get Mr. KENNEDY. Mr. President, I com- sions practices that allow universities a voice and a vote as a reward for funding mend President Clinton for his impres- to consider race as a factor—not the the other non-germane expenses. sive Presidential initiative on race, main factor or the controlling factor— Option C: which he announced in his recent com- have a positive impact on the ability of Seek assistance from my government rep- mencement address at the University minorities to escape the cycle of pov- resentatives and attempt to get the laws changed that hold my voice and vote hostage of California, San Diego. erty through education. as a result of the Supreme Court Beck Deci- This initiative combines constructive The overwhelming majority of edu- sion of 1988. The bottom line is this, I con- dialog, study and action. It carries for- cators feel that colleges and univer- tinue to fund the non-germane expenditures ward the President’s longstanding con- sities are failing in their mission if

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6973 they ignore the diversity that is the es- It will be a watershed debate in Con- the N.E.A., conservatives argue, it can never sence of the American experience. gress, because Republican extremists cut big-ticket items that will help balance Done right, affirmative action works. in the House are trying to eliminate the budget and reduce the deficit. As Rep- President Clinton’s impressive and ex- Federal support for this important resentative John Doolittle of California put it, ‘‘It is gut-check time for the entire haustive review concluded that affirm- agency. The House Appropriations House.’’ ative action is still an effective tool to Committee has recommended only $10 This statement sounds compelling, but it’s expand economic and educational op- million for the Endowment, and these a red herring. If anything, the N.E.A. actu- portunities, and to combat bigotry, ex- funds would be used only to phase out ally helps balance the budget. The endow- clusion and ignorance. I strongly sup- the agency. The misguided Republican ment has helped a booming nonprofit arts in- port President Clinton’s ‘‘mend it, goal is to eliminate direct Federal sup- dustry, which each year generates $36.8 bil- don’t end it’’ prescription for affirma- port for music, dance, symphonies, and lion in revenue and pays $3.4 billion in Fed- tive action. other arts in communities across eral income taxes. There has always been bipartisan America. Every argument for elimination of the en- support for affirmative action. From The Republican position is so weak dowment crumbles under scrutiny. Conserv- President Kennedy to President Nixon atives say the agency is elitist, but the facts on the merits that the House leader- show that the N.E.A. actually helps average to President Clinton, there has been bi- ship is attempting to use the par- American families gain more access to the partisan support in the White House liamentary rules to block an up-or- arts. When extremists argue that the Gov- and Congress, because no one can say down vote on the merits of this impor- ernment should not be deciding what is good with a straight face that the playing tant issue. art, the facts show that it is not the Govern- field is level for women and minorities. Clearly, this unacceptable attack on ment, but panels of everyday citizens with In addition, President Clinton’s nom- the Arts Endowment deserves to be re- working knowledge and expertise in the arts ination of Bill Lee to head the Civil jected. The Endowment has raised the who are the ones making grant recommenda- Rights Division is also significant step quality of the arts in America. It has tions. in ensuring equal justice for all Ameri- also strengthened support for the arts And although the agency is depicted as nothing but the purveyor of pornography, cans. Bill Lee has dedicated his entire and interest in the arts by Americans the reality is far different. The N.E.A. has career to finding real-life solutions to in all walks of life in cities, towns, and made more than 112,000 grants supporting ev- real life problems of discrimination. villages in all parts of America. erything from the design competition for the The son of Chinese immigrants, Bill For example, under the Endowment’s Vietnam Memorial in Washington, to gospel Lee grew up dirt poor in New York tenure the number of orchestras in music in Lyon, Miss. Fewer than 40 grants City. His parents operated a laundry in America has doubled and the number of have caused controversy—that means 99.96 a poor section of New York. Bill Lee dance companies has increased tenfold. percent of the endowment’s grants have been and his family suffered discrimination Other arts have witnessed similar ex- an unquestioned success. Moreover, two years ago Congress tightened the rules for first hand, and know how it feels to be pansions and earned broad public ap- N.E.A. grants to prevent further con- taunted and excluded simply because of proval. troversy. one’s appearance. An eloquent op-ed article in today’s Facts, however, no longer seem relevant But he overcame their barriers and New York Times by the renowned when it comes to the N.E.A. Some members graduated from Yale University and actor, Alec Baldwin and Robert Lynch of Congress continue to invent one myth Columbia Law School with honors. discusses the extraordinary record of after another as a pretext for eliminating For the past 22 years, he has worked achievement by the Arts Endowment. the N.E.A., just so they can claim victory in on behalf of all victims of discrimina- The article reminds each of us how some form, any form. tion —African Americans, Asian Amer- much is at risk in the current debate, Dick Armey, the House majority leader, icans, Latinos, women, and the poor. and the cynical Republicans strategy claims that a handful of Republicans worked He has won remedies that have aided to prevent a vote on the merits. I ask out a budget agreement two years ago that pledged partial financing for the N.E.A. in them financially, and given them hope unanimous consent that the article exchange for a phase-out of the agency over that they too can be part of America. may be printed in the RECORD. two years. As a result, he is now calling for His ability to forge consensus has There being no objection, the article this new Congress to uphold this alleged earned him the respect of all Ameri- was ordered to be printed in the deal. cans. Republicans and Democrats Record, as follows: But Mr. Armey doesn’t point out that this alike, including Mayor Richard Rior- [From the New York Times, July 8, 1997] agreement was specifically excluded in the dan, and Senators WARNER and THUR- TYRANNY OF THE MINORITY final appropriations bill two years ago. In fact, it was never included in any bill en- MOND, have written letters of support (By Alec Baldwin and Robert Lynch) acted into law. on his behalf. I hope that he will be Whether or not you believe the National confirmed expeditiously so that he can Even if the agreement were valid, Mr. Endowment for the Arts should be elimi- Armey himself provides a reason not to sup- help lead the effort to ensure that civil nated, there is one basic principle upon port it. Explaining why he was not bound by rights guarantees do not remain hollow which we should all agree: Congress should the recent balanced budget agreement, he re- promises. at least vote on the matter, and the majority cently said: ‘‘The basic rule around this town The issue of discrimination is too im- should prevail. is that if you’re not in the room and you portant to become a political football This notion may seem obvious, but it is don’t make the agreement, you’re not bound the very principle that the House leadership by it.’’ in Congress. As we continue the discus- is undermining. The House Appropriations Mr. Armey makes an excellent point. He sion of race and gender, I urge my col- Committee recommended giving the endow- and other House leaders should stop bullying leagues to support President Clinton’s ment $10 million for the fiscal year begin- rank-and-file members to eliminate the initiative, and continue the tradition ning Oct. 1—only enough to shut it down. N.E.A. After all, will Americans think that of bipartisan support that has served We believe that a clear majority of House members want to reject this scheme. After using arcane parliamentary rules to elimi- this country well in recent decades. nate the endowment is an achievement wor- Our goal is still to guarantee equal op- all, poll after poll shows that the public sup- ports the endowment. The Senate leadership thy of the 105th Congress? portunity for all Americans. Let us be has indicated that it is willing to continue Mr COCHRAN. Mr. President, I sug- sure that when we say ‘‘all,’’ we mean the N.E.A.’s current level of financing, and gest the absence of a quorum. ‘‘all.’’ the White House has threatened to veto any The PRESIDING OFFICER. The f bill eliminating the agency altogether. Despite these clear signals, House leaders clerk will call the roll. SUPPORT FOR THE ARTS are using parliamentary rules to block an The legislative clerk proceeded to ENDOWMENT open and fair vote. The leadership is requir- call the roll. Mr. KENNEDY. Mr. President, this ing advocates for the N.E.A. to win a proce- Mr. HELMS. Mr. President, I ask week the House of Representatives will dural vote—before the bill can even be de- unanimous consent that the order for bated on the House floor. If this sounds un- the quorum call be rescinded. take up the Department of Interior ap- fair, that’s because it is. propriations bill, which includes fund- Why does the House leadership want to The PRESIDING OFFICER (Mr. ing for the National Endowment for drive this train into a head-on collision? If KEMPTHORNE). Without objection, it is the Arts. Congress can’t eliminate a small agency like so ordered.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6974 CONGRESSIONAL RECORD — SENATE July 8, 1997 NATIONAL DEFENSE AUTHORIZA- Robb Sarbanes Wellstone tive dollars spent in the entire defense TION ACT FOR FISCAL YEAR 1998 Rockefeller Torricelli Wyden budget. NOT VOTING—9 The Senate continued with the con- They support the complete destruc- sideration of the bill. Biden Jeffords Mikulski tion of nuclear weapons in the nations Coats Landrieu Roth of the former Soviet Union. f Hutchinson McCain Smith (OR) They strengthen border controls to The PRESIDING OFFICER. On this prevent the illegal transport of nuclear CLOTURE MOTION vote, the yeas are 46, the nays are 45. bomb-making materials. The PRESIDING OFFICER. The hour Three-fifths of the Senators duly cho- They support efforts to protect these of 3 o’clock having arrived, under the sen and sworn not having voted in the materials from theft at their storage previous order, the clerk will report affirmative, the motion is rejected. sites or during transport. the motion to invoke cloture. The pending question is amendment They provide employment and eco- The legislative clerk read as follows: No. 666, offered by the Senator from nomic incentives for former Soviet CLOTURE MOTION Minnesota. weapons scientists to avoid the temp- Mr. LEVIN. Mr. President, I suggest tation that they will sell their know- We, the undersigned Senators, in accord- the absence of a quorum. how to buyers from nations and organi- ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby zations that support international ter- move to bring to a close debate on Calendar clerk will call the roll. rorism. No. 88, S. 936, the National Defense Author- The assistant legislative clerk pro- They fund cooperative efforts to ization Act for fiscal year 1998: Trent Lott, ceeded to call the roll. match U.S. commercial applications Strom Thurmond, Jesse Helms, Pete Domen- Mr. KENNEDY. Mr. President, I ask with the Russian defense industry. ici, R.F. Bennett, Dan Coats, John Warner, unanimous consent that the order for Since these programs began, Con- Phil Gramm, Thad Cochran, Larry E. Craig, the quorum call be rescinded. gress has fully funded the administra- Ted Stevens, Tim Hutchinson, Jon Kyl, Rick The PRESIDING OFFICER. Without tion’s budget requests until this year. Santorum, Mike DeWine, and Spencer Abra- objection, it is so ordered. The current committee bill reduces the ham. AMENDMENT NO. 658, AS MODIFIED President’s request by $135 million. The VOTE Mr. KENNEDY. Mr. President, I bill takes $60 million from the Defense The PRESIDING OFFICER. The would like to and will speak briefly on Department’s Cooperative Threat Re- question is, Is it the sense of the Sen- an issue that I think is of significance duction Program, which the depart- ate that debate on S. 936, the Depart- and importance as we are addressing ment intended to use to help Ukraine ment of Defense authorization bill, the defense authorization bill, and that destroy its SS–24 intercontinental bal- shall be brought to a close? The yeas is the amendment of the Senator from listic missiles. and nays are required. The clerk will Indiana, Senator LUGAR. We specifically encouraged the new call the roll. I urge that the Senate support his Government of Ukraine to take this The legislative clerk called the roll. amendment to restore the cuts made in step because these missiles pose a clear Mr. NICKLES. I announce that the the Nunn-Lugar cooperative threat re- and present danger to our national se- Senator from Indiana [Mr. COATS], the duction programs in the Department of curity. It is a costly operation, but few Senator from Akansas [Mr. HUTCH- Defense and related nuclear material are more worthwhile. It is imperative INSON], the Senator from Vermont [Mr. security programs in the Department that we maintain fully funded and JEFFORDS], the Senator from Arizona of Energy. The funds spent on these well-structured programs to deal with [Mr. MCCAIN], the Senator from Dela- programs are the most important cost- all aspects of this serious threat. ware [Mr. ROTH], and the Senator from effective contribution to our national The initiatives undertaken in this Oregon [Mr. SMITH] are necessarily ab- security that we can make. area by the Department of Energy are sent. Today, and for the foreseeable future, equally essential. The International Mr. FORD. I announce that the Sen- the greatest threat to national secu- Nuclear Safety Program upgrades safe- ator from Delaware [Mr. BIDEN], the rity involves potential terrorist acts ty devices on Chernobyl-era nuclear re- Senator from Louisiana [Ms. LAN- using weapons of mass destruction. actors. Yet, its funding has been cut by DRIEU], and the Senator from Maryland And it is ironic that after living for 40 $50 million. [Ms. MIKULSKI] are necessarily absent. years under the specter of a cold war The Materials Protection, Control, The yeas and nays resulted—yeas 46, nuclear holocaust, the prospect of a nu- and Accounting Program supports ef- nays 45, as follows: clear explosion taking place within the forts to identify and store the nuclear [Rollcall Vote No. 161 Leg.] United States has actually increased materials that are most likely to be YEAS—46 since the dissolution of the former So- stolen. Yet, its funding is cut by $25 viet Union. This is the ominous view of million. Abraham Faircloth Murkowski Under these two programs, the De- Allard Frist Nickles both the intelligence community and Ashcroft Gramm Roberts the Department of Defense. Any de- partment of Energy has succeeded in Bennett Grams Santorum fense bill we enact must deal respon- making tons of nuclear weapons mate- Bond Grassley Sessions sibly with this threat. rials secure, primarily plutonium and Brownback Gregg Shelby We have taken significant steps to do highly enriched uranium. Previously, Burns Hagel Smith (NH) Campbell Hatch Snowe so in recent years. In 1991, Senator these materials had not been protected Chafee Helms Specter Nunn and Senator LUGAR initiated the by even the most elementary security Collins Hutchison Stevens Cooperative Threat Reduction Pro- precautions. These materials posed Coverdell Inhofe Thomas Craig Kempthorne gram. The basic concept of that pro- grave threats to our national security, D’Amato Kyl Thompson gram and the nuclear materials safety and they still do. Thurmond DeWine Lott programs at the Department of Energy Alarming public reports in recent Domenici Mack Warner Enzi McConnell is that paying for the destruction and years have mentioned cases where nu- safeguarding of nuclear weapons in the clear materials were intercepted at NAYS—45 states of the former Soviet Union in- border crossings. We can only wonder Akaka Durbin Kohl creases the security of America itself. how many shipments have gone unde- Baucus Feingold Lautenberg The accomplishments of these pro- tected at border crossings and whether Bingaman Feinstein Leahy Boxer Ford Levin grams offer convincing evidence that terrorists even now have custody of Breaux Glenn Lieberman the Nunn-Lugar program works. The these materials. Bryan Gorton Lugar Defense Department has already helped The National Research Council re- Bumpers Graham Moseley-Braun to fund the elimination of 6,000 nuclear leased a report this spring on U.S. pro- Byrd Harkin Moynihan Cleland Hollings warheads in nations of the former So- liferation policy and the former Soviet Murray Cochran Inouye Reed viet Union. Never again will these Union. Its first and strongest rec- Conrad Johnson Reid ommendation is full funding for the Daschle Kennedy weapons threaten the United States. Dodd Kerrey The funds for the Nunn-Lugar and re- Materials Protection, Control, and Ac- Dorgan Kerry lated programs are the most cost-effec- counting Program.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6975 The report goes on to express strong Mr. THURMOND. Mr. President, I up to districts of powerful Members of support for the overall Departments of suggest the absence of a quorum. the other body’s committee. Defense and Energy CTR Programs. The PRESIDING OFFICER. The It has to stop, Mr. President. A lot of But the material protection program clerk will call the roll. people are getting tired of it. I am sure, was specifically singled out as the most The assistant legislative clerk pro- as has happened on many other occa- important area for additional funding. ceeded to call the roll. sions, that when we have a recorded The reason is clear. Bomb-grade nu- Mr. MCCAIN. Mr. President, I ask vote on this, it will carry overwhelm- clear weapon material poses so great a unanimous consent that the order for ingly, but sooner or later we will ask threat to national security that the the quorum call be rescinded. ourselves the question, When are we United States should do all we can to The PRESIDING OFFICER. Without going to spend the money where the work with Russia to guarantee these objection, it is so ordered. priorities are, according to the leaders materials are safely stored—no ifs, Mr. MCCAIN. Mr. President, I under- of the military, both military and ci- ands, or buts. There is no margin for stand, and I have been briefed that vilian? It certainly isn’t in this pro- error, none whatsoever. there will be an amendment proposed gram. Is $28 million a lot of money? The design and manufacture of a on behalf of several Senators to in- Certainly not in this entire bill. But it crude homemade nuclear weapon is a crease the amount for National Guard is symptomatic of the problem that has relatively easy task if the needed ura- Civilian Youth Opportunity Program afflicted defense spending for too long nium or plutonium is available. It to $48 million and to provide a sub- and is becoming epidemic. The House takes just 10 pounds of plutonium— stitute for the provision extending and overwhelmingly wants to spend what about a single handful—to utterly de- revising the authority of the program. potentially would be $27 billion addi- stroy any American city. Mr. President, I strongly object to tionally for B–2 bombers that they Without a major ongoing effort to this amendment. It is already at $20 can’t find a military leader who will identify, catalog, transport, store, and million. The fundamental question say we need. $27 billion. We hear time eventually reprocess or destroy Rus- here arises when we are complaining after time that we are not modernizing sia’s nuclear material, it is just a mat- about the fact that there is not enough the force, that we are losing quality ter of time before some terrorist group money for flying time, there is not men and women out of the military, we becomes a nuclear power. That is why enough money for pay raises, there is are having to lower our recruitment these programs are so important. That not enough money for quality of life standards in order to meet our quotas. is what restoring these funds is all for men and women who are in the What are we going to do to solve it? about. The last thing we need is to military who are serving, and there is Spend $27 billion on B–2 bombers, add look the other way as the next Tim- not enough money for modernization of $28 million to the National Guard, and othy McVeigh prepares to destroy an the force—and every military leader the pork barrel list goes on and on and entire American city. will tell you that—and now we want to on. Over the years we have spent billions add $28 million to a program which, I am telling you, from talking to my of dollars building our nuclear weapons really, the National Guard has no busi- constituents, people are getting a little and implementing strategies to prevent ness being in. It has no business being weary of it, Mr. President. So when nuclear war. Now when a relatively in a Civilian Youth Opportunity Pro- this amendment comes up, I tell the small sum of money can deal with this gram. chairman and the Democrat manager, I current threat, how can we afford not Oftentimes we refer to the job and will want to talk again on it, not be- to? If a terrorist explodes a nuclear role of our Founding Fathers, Mr. cause it is a lot of money—$28 million weapon in the United States, we may President. Who in our Founding Fa- is not a lot of money in a defense bill— well never know who to retaliate thers thought that the job of the Na- but it is the wrong thing to do. It is against. tional Guard was to administer Civil- wrong what we are doing in military It may already be too late. But we ian Youth Opportunity Programs? construction in the bill and wrong hope and pray it is not. We must do The National Guard, I am told by my what we are doing authorizing projects more—much more—to see that the cur- colleagues who are in areas where and programs that we don’t need, when rent loose controls over nuclear weap- there have been floods, devastation, at the same time there are severe and ons and bomb-making materials in the and other disasters, has its hands full. fundamental problems in the military nations of the former Soviet Union do The National Guard has a great deal of that are not being addressed, which not result in a nuclear terrorist attack difficulty in maintaining training lev- means that the Congress of the United on the United States or any other na- els of efficiency. We found that out States isn’t performing its responsibil- tion. during Operation Desert Storm. Now ities in a mature fashion and in a way There will be no comfort in saying we want to add $28 million to a pro- the morning after, ‘‘If only we had that will provide for the national secu- gram that the National Guard has no rity of this country. done more.’’ Now is the time to do business being in. more. Restoring these funds is the in- I yield the floor. Mr. President, I am sure when we Mr. President, I suggest the absence dispensable first step toward doing have a recorded vote on this—and I will of a quorum. more, doing it, and doing it as soon as demand a recorded vote—that it will The PRESIDING OFFICER. The possible. carry overwhelmingly, just like the clerk will call the roll. I commend the Senator from Indiana military construction appropriations The legislative clerk proceeded to for his leadership on this issue. bill that is coming before us will carry Mr. President, I suggest the absence call the roll. overwhelmingly that has billions of Mr. THURMOND. Mr. President, I of a quorum. The PRESIDING OFFICER. The dollars of wasteful and pork barrel ask unanimous consent that the order clerk will call the roll. spending, but sooner or later, sooner or for the quorum call be rescinded. The assistant legislative clerk pro- later, Mr. President, the American peo- The PRESIDING OFFICER. Without ceeded to call the roll. ple are going to be fed up. They are objection, it is so ordered. Mr. THURMOND. Mr. President, I going to stop supporting spending for AMENDMENT NO. 744 ask unanimous consent that the order national defense and they will stop be- (Purpose: To extend the chiropractic health for the quorum call be rescinded. cause they see this kind of unnecessary care demonstration Project for two years) The PRESIDING OFFICER. Without and wasteful and pork barrel spending. Mr. THURMOND. Mr. President, I objection, it is so ordered. I read in the newspaper today the offer an amendment that would extend Mr. THURMOND. Mr. President, I military construction bill has some the Chiropractic Health Care Dem- ask unanimous consent that Senator $900 million additional for projects that onstration Project for 2 years. KYL and Senator COVERDELL be added the administration or the Department Mr. President, I believe this amend- as cosponsors to amendment No. 420 of- of Defense could not find anywhere on ment has been cleared by the other fered by Senator COCHRAN. their priority list—nowhere to be found side. The PRESIDING OFFICER. Without on their priority list as being nec- Mr. President, I urge that the Senate objection, it is so ordered. essary, but they also happen to match adopt this amendment.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6976 CONGRESSIONAL RECORD — SENATE July 8, 1997 The PRESIDING OFFICER. The clude the National Capitol region. In activities relating to the sale and use of al- clerk will report. order to include the experiences of cohol and tobacco. The legislative clerk read as follows: chiropractic care in the National Cap- (3) Programs intended to provide support to members of the Armed Forces and depend- The Senator from South Carolina [Mr. itol region in the evaluation, I propose ents who elect to reduce or eliminate their THURMOND] proposes an amendment num- to extend the demonstration program use of alcohol or tobacco. bered 744. for 2 additional years. I am confident (4) Any other policies or programs intended Mr. THURMOND. Mr. President, I that this amendment will result in a to promote healthy lifestyles among mem- ask unanimous consent that reading of better evaluation of the chiropractic bers of the Armed Forces and their depend- the amendment be dispensed with. care demonstration. ents. The PRESIDING OFFICER. Without I urge my colleagues to support this Mr. LEVIN. Mr. President, we urge objection, it is so ordered. amendment. the Senate adopt the amendment. The amendment is as follows: Mr. LEVIN. Mr. President, the The PRESIDING OFFICER. If there At the end of title VII, add the following: amendment has been cleared on this is no further debate, without objection, SEC. 708. CHIROPRACTIC HEALTH CARE DEM- side. the amendment is agreed to. ONSTRATION PROGRAM. The PRESIDING OFFICER. If there The amendment (No. 648) was agreed (a) TWO-YEAR EXTENSION.—Subsection (b) is no further debate, without objection, to. of section 731 of the National Defense Au- the amendment is agreed to. thorization Act for Fiscal Year 1995 (Public Mr. LEVIN. Mr. President, I move to Law 103–337; 108 Stat. 2809; 10 U.S.C. 1092 The amendment (No. 744) was agreed reconsider the vote by which the note) is amended by striking out ‘‘1997’’ and to. amendment was agreed to. inserting in lieu thereof ‘‘1999’’. Mr. THURMOND. Mr. President, I Mr. THURMOND. I move to lay that (b) EXPANSION TO AT LEAST THREE ADDI- move to reconsider the vote by which motion on the table. TIONAL TREATMENT FACILITIES.—Subsection the amendment was agreed to. The motion to lay on the table was (a)(2) of such section is amended by striking Mr. LEVIN. I move to lay that mo- agreed to. out ‘‘not less than 10’’ and inserting in lieu tion on the table. AMENDMENT NO. 745 thereof ‘‘the National Naval Medical Center, The motion to lay on the table was the Walter Reed Army Medical Center, and (Purpose: To authorize the Secretary of the not less than 11 other’’ agreed to. Army to donate excess furniture, and other (c) REPORTS.—Subsection (c) of such sec- AMENDMENT NO. 648 excess property, of closed Army chapels to tion is amended— (Purpose: To require a report on Department religious organizations that have suffered (1) in paragraph (1), by striking out ‘‘Com- of Defense policies and programs to pro- damage or destruction of property as a re- mittees on Armed Services of the Senate mote healthy lifestyles among members of sult of acts of arson or terrorism) and’’ and inserting in lieu thereof ‘‘Com- the Armed Forces and their dependents) Mr. THURMOND. Mr. President, on mittee on Armed Services of the Senate and Mr. LEVIN. Mr. President, on behalf behalf of Senator HELMS, I offer an the Committee on National Security of’’; amendment which would authorize the (2) by redesignating paragraph (3) as para- of Senator BINGAMAN, I offer an amend- graph (4); ment No. 648 that would require a re- Secretary of the Army to transfer ex- (3) by inserting after paragraph (2) the fol- port on the Department of Defense cess religious articles formerly in lowing new paragraph (3): policies and programs to promote chapels of the Department of the Army ‘‘(3)(A) Not later than January 30, 1998, the healthy lifestyles among members of to churches that have been damaged or Secretary of Defense shall submit to the the Armed Forces and their depend- destroyed as a result of an act of arson committees referred to in paragraph (1) a re- ents. or terrorism. port that identifies the additional treatment Mr. President, I believe this amend- facilities designated to furnish chiropractic I believe this amendment has been care under the program that were not so des- cleared by the other side. ment has been cleared by the other ignated before the report required by para- Mr. THURMOND. Mr. President, we side. graph (1) was prepared, together with the favor the amendment. Mr. LEVIN. Mr. President, the plan for the conduct of the program at the We urge it be agreed to. amendment has, indeed, been cleared, additional treatment facilities. The PRESIDING OFFICER. The and we support it. ‘‘(B) Not later than May 1, 1998, the Sec- clerk will report. Mr. THURMOND. Mr. President, I retary of Defense shall modify the plan for The legislative clerk read as follows: urge the Senate adopt this amendment. evaluating the program submitted pursuant The PRESIDING OFFICER. The to paragraph (2) in order to provide for the The Senator from Michigan [Mr. LEVIN], evaluation of program at all of the des- for Mr. BINGAMAN, proposes an amendment clerk will report. ignated treatment facilities, including the numbered 648. The legislative clerk read as follows: treatment facilities referred to in subpara- Mr. LEVIN. Mr. President, I ask The Senator from South Carolina [Mr. graph (B).’’; and unanimous consent that reading of the THURMOND], for Mr. HELMS, proposes an (4) in paragraph (4), as redesignated by amendment be dispensed with. amendment numbered 745. paragraph (2), by striking out ‘‘The Sec- The PRESIDING OFFICER. Without Mr. THURMOND. Mr. President, I retary’’ and inserting in lieu thereof ‘‘Not ask unanimous consent that reading of later than May 1, 2000, the Secretary’’. objection, it is so ordered. The amendment is as follows: the amendment be dispensed with. Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. Without propose an amendment that would ex- On page 306, between lines 4 and 5, insert the following: objection, it is so ordered. tend the Chiropractic Health Care SEC. 1041. REPORT ON POLICIES AND PROGRAMS The amendment is as follows: Demonstration Program for 2 years TO PROMOTE HEALTHY LIFESTYLES At the end of subtitle E of title X, add the and would include the National Capitol AMONG MEMBERS OF THE ARMED following: region as a demonstration site. FORCES AND THEIR DEPENDENTS. SEC. 1075. DONATION OF EXCESS ARMY CHAPEL In the National Defense Authoriza- (a) REPORT.—Not later than March 30, 1998, PROPERTY TO CHURCHES DAMAGED tion Act for fiscal year 1995, Congress the Secretary of Defense shall submit to the OR DESTROYED BY ARSON OR directed the Secretary of Defense to Committee on Armed Services of the Senate OTHER ACTS OF TERRORISM. conduct a demonstration program to and the Committee on National Security of (a) AUTHORITY.—Notwithstanding any the House of Representatives a report on the other provisions of law, the Secretary of the determine whether chiropractic health effectiveness of the policies and programs of Army may donate property described in sub- care should be provided as part of the the Department of Defense intended to pro- section (b) to an organization described in military health care system. The legis- mote healthy lifestyles among members of section 501(c)(3) of the Internal Revenue Code lation requires a comprehensive eval- the Armed Forces and their dependents. of 1986 that is a religious organization in uation of the program. Representatives (b) COVERED POLICIES AND PROGRAMS.—The order to assist the organization in restoring of the chiropractic health care commu- report under subsection (a) shall address the or replacing property of the organization nity are required to be included in the following: that has been damaged or destroyed as a re- evaluation process. (1) Programs intended to educate members sult of an act of arson or terrorism, as deter- of the Armed Forces and their dependents mined pursuant to procedures prescribed by The National Capitol region was not about the potential health consequences of the Secretary. one of the 10 sites selected to be part of the use of alcohol and tobacco. (b) PROPERTY COVERED.—The property au- the demonstration. My amendment (2) Policies of the commissaries, post ex- thorized to be donated under subsection (a) would expand the demonstration to in- changes, service clubs, and entertainment is furniture and other property that is in, or

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6977 formerly in, chapels or being closed and is approximately $25,000 worth of prop- Mr. THURMOND. Mr. President, I determined as being excess to the require- erty, including 65 oak pews, 3 altars, 2 move to reconsider the vote by which ments of the Army. No real property may be pulpits, communion sets, and other re- the amendment was agreed to. donated under this section. ligious property, has been declared ex- Mr. LEVIN. I move to lay that mo- (c) DONEES NOT TO BE CHARGED.—No charge may be imposed by the Secretary on cess to the needs of Fort Bragg and tion on the table. a donee of property under this section in would ordinarily be sold at auction to The motion to lay on the table was connection with the donation. However, the the highest bidder. Similar property agreed to. donee shall defray any expense for shipping may also be available at other Army AMENDMENT NO. 649 or other transportation of property donated installations. (Purpose: To provide for increased adminis- under this section from the location of the I agree with Pastor Stevenson that trative flexibility and efficiency in the property when donated to any other loca- the Army should be allowed to donate management of the Junior Reserve Offi- tion. this surplus property to some of the cers’ Training Corps) Mr. HELMS. Mr. President, when the churches damaged or destroyed as a re- Mr. LEVIN addressed the Chair. Pilgrims boarded the Mayflower and sult of arson or terrorism. The amend- The PRESIDING OFFICER. The Sen- set sail for a new world, they were ment I am introducing gives the Sec- ator from Michigan. searching for a land where they would retary of the Army authority to donate Mr. LEVIN. Mr. President, on behalf be free to worship God as they wished. such property as it becomes available of Senator BINGAMAN, I offer an amend- Our Founding Fathers, inspired by at Army installations. ment numbered 649 that would provide for increased administrative flexibility their example, incorporated the prin- Mr. President, I know this matter and efficiency in the management of ciple of religious freedom into our na- may seem of little consequence to the Junior ROTC Program. tional fabric. The importance of this some considering that Congress is con- I think this amendment has been principle to our national character is sidering a budget in excess of $1.7 tril- emphasized by its honored place in the cleared by the other side. lion dollars. However, the gift of this Mr. THURMOND. Mr. President, the first clause of our Bill of Rights which furniture and religious property can reads ‘‘Congress shall make no law re- amendment is accepted on our side. mean a very great deal to congrega- The PRESIDING OFFICER. The specting an establishment of religion, tions such as the New Outreach Chris- or prohibiting the free exercise there- clerk will report. tian Center that are struggling to re- The legislative clerk read as follows: of.’’ build. In spite of this protection, some citi- The Senator from Michigan [Mr. LEVIN], Moreover, it is appropriate that Fort zens have, at times, sought to deny for Mr. BINGAMAN, proposes an amendment Bragg, home of the XVIII Airborne others the right to worship. In extreme numbered 649. Corps, 82d Airborne Division, and spe- cases, this intolerance has turned to vi- Mr. LEVIN. Mr. President, I ask cial operations force, which have done olence as houses of worship were dese- unanimous consent that reading of the so much to protect our liberties crated by fire or vandalism. Last amendment be dispensed with. abroad, be permitted to contribute to month, the National Church Arson The PRESIDING OFFICER. Without the defense of those liberties at home. Task Force released a report that objection, it is so ordered. I invite my colleagues to join in sup- found no evidence of a nationwide con- The amendment is as follows: port of this bill so that some small spiracy behind the fires. I never be- At the end of subtitle C of title V, add the measure of relief can be provided to lieved there was a conspiracy but that following: these victims. finding does not diminish the suffering SEC. . FLEXIBILITY IN MANAGEMENT OF JUN- Mr. President, I ask unanimous con- IOR RESERVE OFFICERS’ TRAINING of the congregations in my home State sent that a copy of Pastor Stevenson’s CORPS. and across the United States who have (a) AUTHORITY OF THE SECRETARY OF DE- letter be printed in the RECORD. been victimized in these incidents. FENSE.—Chapter 102 of title 10, United States Let there be no doubt, Mr. President, There being no objection, the mate- Code, is amended by adding at the end the no act is more despicable than the rial was ordered to be printed in the following: desecration of a house of worship. It is RECORD, as follows: ‘‘§ 2032. Responsibility of the Secretary of De- fitting that the perpetrators of such a NEW OUTREACH CHRISTIAN CENTER, fense heinous crime be apprehended and Charlotte, NC, June 6, 1997. ‘‘(a) COORDINATION BY SECRETARY OF DE- Hon. JESSE HELMS, prosecuted to the full extent of the FENSE.—The Secretary of Defense shall co- U.S. Senator, ordinate the establishment and maintenance law, I commend the Federal, State, and Washington, DC. of Junior Reserve Officers’ Training Corps local law enforcement officials who DEAR SENATOR HELMS: The New Outreach units by the Secretaries of the military de- work diligently to investigate these Christian Center was desecrated by an arson partments in order to maximize enrollment shameless acts and to prevent their re- March 14, 1995. This horrific act shocked our in the Corps and to enhance administrative currence. community and the county. With the assist- efficiency in the management of the Corps. Mr. President, while stories of church ance of the ‘‘Save the Churches Fund’’ grant The Secretary may impose such require- burnings are no longer on the front of the Christian Coalition we were able to re- ments regarding establishment of units and page of every newspaper or the lead build our house of worship. transfer of existing units as the Secretary The Samaritan Project, an outgrowth of story on the evening news, the victims considers necessary to achieve the objectives the ‘‘Save the Churches Fund’’ has notified set forth in the preceding sentence. remain. The pastor of one of those con- us that the military may have furniture, ma- ‘‘(b) CONSIDERATION OF NEW SCHOOL OPEN- gregations, Pastor Brenda Stevenson of terials and equipment which could be of fur- INGS AND CONSOLIDATIONS.—In carrying out the New Outreach Christian Center in ther help to our church. I ask that legisla- subsection (a), the Secretary shall take into Charlotte, which was destroyed by an tion be initiated that would allow churches consideration openings of new schools, con- arsonist in 1995, recently wrote me that have been harmed by acts of violence to solidation of schools, and the desirability of about her church’s effort to rebuild. receive the items from these closed chapels. continuing the opportunity for participation She informed me that her congregation This could assist my church and others in the Corps by participants whose continued throughout the country. participation would otherwise be adversely was able to rebuild with the help of the Please move forward on this issue. As a affected by new school openings and consoli- Christian Coalition’s Samaritan country we cannot accept violence against dations of schools. project and the Save the Churches fund any house of worship, and must unite to help ‘‘(c) FUNDING.—If amounts available for the but that further help was needed. Spe- rebuild them. If there are any questions Junior Reserve Officers’ Training Corps are cifically, Pastor Stevenson requested please call Pastor Brenda Stevenson. insufficient for taking actions considered that excess religious property, for- Thank you and God Bless, necessary by the Secretary under subsection merly used in closed military chapels, BRENDA STEVENSON, (a), the Secretary shall seek additional fund- be made available to churches that Pastor. ing for units from the local educational ad- ministration agencies concerned.’’. have suffered these terrible acts. The PRESIDING OFFICER. If there (b) CLERICAL AMENDMENT.—The table of I am told that precisely such prop- is no further debate, without objection, sections at the beginning of such chapter is erty has been found at Fort Bragg, NC, the amendment is agreed to. amended by adding at the end the following: where several old wooden chapels were The amendment (No. 745) was agreed ‘‘2032. Responsibility of the Secretary of De- closed as part of a consolidation. The to. fense.’’.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6978 CONGRESSIONAL RECORD — SENATE July 8, 1997 The PRESIDING OFFICER. Without (c) CERTIFICATION OF INABILITY TO MEET pectation that they will push down the objection, the amendment is agreed to. GOAL IN 2004.—If the Secretary determines cost of recycled paper in future years. The amendment (No. 649) was agreed that any department or agency of the De- If DOD cannot meet this requirement, to. partment will be unable to meet the goal a provision is included in the amend- Mr. LEVIN. Mr. President, I move to specified in subsection (a)(2)(C) by the date specified in that subsection, the Secretary ment which will allow them to report reconsider the vote by which the shall certify that determination to the Com- to Congress for purposes of gaining a amendment was agreed to. mittee on Armed Services of the Senate and deferment. Mr. THURMOND. I move to lay that the Committee on National Security of the Mr. President, only through legisla- motion on the table. House of Representatives. The Secretary tive action can we ensure that DOD The motion to lay on the table was shall submit such certification, if at all, not will continue to shoulder its environ- agreed to. later than January 1, 2003. mental responsibilities and serve as the AMENDMENT NO. 746 Mr. JEFFORDS. Mr. President, more role model it must be. (Purpose: To require the procurement of re- than 20 years ago Congress passed the The PRESIDING OFFICER. Without cycled copier paper by the Department of Resource Conservation and Recovery objection, the amendment is agreed to. Defense) Act to promote Government purchases The amendment (No. 746) was agreed Mr. THURMOND. Mr. President, on of products made from recycled mate- to. behalf of Senator JEFFORDS, I offer an rials. Since then, State and local gov- Mr. THURMOND. Mr. President, I amendment that would codify and ex- ernments throughout the country have move to reconsider the vote by which tend the Executive Order 12873 require- enacted similar policies. Ten years ago, the amendment was agreed to. ment regarding Federal agency use of only 13 States and a handful of local Mr. LEVIN. I move to lay that mo- recycled content paper by providing for governments had buy recycled laws. tion on the table. increased Department of Defense pur- Today, at least 45 States and more The motion to lay on the table was chases of such paper for copy machines. than 500 local governments have estab- agreed to. Mr. President, I believe this amend- lished legal requirements to purchase AMENDMENT NO. 747 ment has been cleared by the other recycled content products. In 1993, the (Purpose: To improve the provisions on depot side. I urge the Senate to adopt it. administration issued Executive Order inventory, and financial management re- Mr. LEVIN. Mr. President, this 12873 which reinforced the principle of form) amendment has been cleared on this increasing the Federal Government’s Mr. LEVIN. Mr. President, on behalf side. We support it. It is a good amend- use of recycled-content products, espe- of Senators HARKIN and DURBIN, I offer ment. cially paper products. an amendment which would modify The PRESIDING OFFICER. The Yet in 1996, the Department of De- language in the bill addressing inven- clerk will report. fense, the single largest consumer of tory management, depot management, The legislative clerk read as follows: copy paper in the world, had a compli- and financial management issues. The Senator from South Carolina [Mr. ance record of only 14 percent regard- I understand this amendment has THURMOND], for Mr. JEFFORDS, proposes an ing its procurement of copy paper. Al- been cleared on the other side. amendment numbered 746. though DOD should be complimented Mr. THURMOND. Mr. President, the Mr. THURMOND. Mr. President, I for recently volunteering to buy only amendment is cleared on our side. ask unanimous consent that reading of recycled-content copy paper, its deci- The PRESIDING OFFICER. The the amendment be dispensed with. sion was due to the General Services clerk will report. The PRESIDING OFFICER. Without Administration’s initiative to set the The legislative clerk read as follows: objection, it is so ordered. price of recycled paper at 5 cents The amendment is as follows: The Senator from Michigan [Mr. LEVIN], cheaper than virgin paper. History for Mr. HARKIN, for himself and Mr. DURBIN, On page 84, after line 23, add the following: leads us to assume that DOD will re- proposes an amendment numbered 747. SEC. 340. PROCUREMENT OF RECYCLED COPIER vert to the policy of buying virgin PAPER. Mr. LEVIN. Mr. President, I ask paper should the price shift a nickel. (a) REQUIREMENT.—(1) Except as provided unanimous consent that reading of the in subsection (b), a department or agency of Well, Mr. President, price is impor- amendment be dispensed with. the Department of Defense may not procure tant, but it is only one factor in the The PRESIDING OFFICER. Without copying machine paper after a date set forth equation. As the largest user, DOD objection, it is so ordered. in paragraph (2) unless the percentage of must be the role model for other Gov- The amendment is as follows: post-consumer recycled content of the paper ernment agencies and comply with the On page 59, after line 14, add the following meets the percentage set forth with respect intent of Congress and the administra- new paragraph (3): to such date in that paragraph. tion. This amendment affords DOD the (2) The percentage of post-consumer recy- ‘‘(3) The Secretary of a military depart- cled content of paper required under para- flexibility of buying nonrecycled paper ment may conduct a pilot program, con- graph (1) is as follows: if the price differential is unreasonable sistent with applicable requirements of law, (A) 20 percent as of January 1, 1998. compared to virgin paper, while defin- to test any practices referred to in paragraph (B) 30 percent as of January 1, 1999. ing the term ‘‘unreasonable’’ as ‘‘great- (2) that the Secretary determines could im- (C) 50 percent as of January 1, 2004. er than 7 percent’’. prove the efficiency and effectiveness of (b) EXCEPTIONS.—A department or agency Additionally, the intent of this depot-level operations, improve the support provided by depot-level activities for the may procure copying machine paper having a amendment is to cause Defense Depart- percentage of post-consumer recycled con- armed forces user of the services of such ac- tent that does not meet the applicable re- ment procurement offices to buy copy tivities for the armed forces user of the serv- quirement in subsection (a) if— paper in an environmentally respon- ices of such activities, and enhance readiness (1) the cost of procuring copying machine sible manner and is not meant to place by reducing the time that it takes to repair paper under such requirement would exceed unreasonable constraints on the proc- equipment.’’ by more than 7 percent the cost of procuring ess. It, therefore, contains provisions On page 101, between lines 21 and 22, insert copying machine paper having a percentage which allow procuring agencies to the following: ‘‘(3) For the purposes of this section, the of post-consumer recycled content that does choose not to buy the recycled paper if not meet such requirement; term ‘best commercial inventory practice’ (2) copying machine paper having a per- the product is unavailable within a rea- includes a so-called prime vendor arrange- centage of post-consumer recycled content sonable period of time, or if the prod- ment and any other practice that the Direc- meeting such requirement is not reasonably uct does not meet reasonable perform- tor determines will enable the Defense Lo- available within a reasonable period of time; ance standards. gistics Agency to reduce inventory levels (3) copying machine paper having a per- Finally, this amendment builds on and holding costs while improving the re- centage of post-consumer recycled content the intent of the executive order and sponsiveness of the supply system to user meeting such requirement does not meet per- extends it into the 21st century. Under needs.’’ formance standards of the department or this amendment, the required On page 268, line 8, strike out ‘‘(L)’’ and in- agency for copying machine paper; or sert in lieu thereof the following: (4) in the case of the requirement in para- postconsumer content will rise to 50 ‘‘(L) Actions that can be taken to ensure graph (2)(C) of that subsection, the Secretary percent in 2004. This initiative is based that each comptroller position and each of Defense makes the certification described upon ongoing technological advances comparable position in the Department of in subsection (c). within the paper industry and the ex- Defense, whether filled by a member of the

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6979 Armed Forces or a civilian employee, is officers are prepared, both in terms of (The text of the amendment is print- filled by a person who, by reason of edu- education and experience, for comp- ed in today’s RECORD under ‘‘Amend- cation, technical competence, and experi- trollership responsibilities. ments Submitted.’’) ence, has the core competencies for financial This year, I also released, along with Mr. THOMPSON. Mr. President, I management. ‘‘(M)’’. Senator DURBIN, Congressman PETER offer this amendment on behalf of my- DEFAZIO and Congresswoman MALONEY, self as chairman of the Governmental Mr. HARKIN. Mr. President, I offer a second GAO report that addressed Affairs Committee and Senator GLENN, an amendment with Senator RICHARD some critical problems with the DOD’s the committee’s ranking minority DURBIN regarding some much needed inventory practices. ‘‘Defense Logis- member. We thank the chairman and reforms in the way the Department of tics: Much of the Inventory Exceeds ranking member of the Armed Services Defense manages its inventory of Current Needs’’ detailed billions of dol- Committee for their cooperation and goods, as well as its financial manage- lars in unneeded supplies and equip- assistance in preparing this amend- ment systems. Our amendment modi- ment within the DOD’s inventory. Al- ment which will benefit not only the fies some very useful language that is though DOD has made some progress in procurement process within the De- included in the Senate Armed Services reducing the overstock in its inven- partment of Defense, but other agen- Committee version of the Defense Au- tory, much more needs to be done. This cies across the Federal Government as thorization bill. is especially true in its overstock of well. I first would like to applaud the spare parts and hardware items. The amendment which we offer today members of the Armed Services Com- I agree with the committee’s attempt began as a request from the adminis- mittee for including provisions in the to institutionalize best commercial tration to include additional procure- bill that moves the DOD toward better practices in the management of DOD’s ment-related reforms to those enacted management of its finances and inven- inventory, especially for the inventory over the last 4 years and those already tories. These provisions are important of spare parts. Our amendment simply included in S. 936. Our amendment in- steps toward fixing some critical prob- requires the DOD to implement pilot cludes the following provisions: lems. We believe that our amendment programs when needed. It also clarifies First, it would amend current Gov- adds a few simple improvements to the the definition of best commercial prac- ernmentwide procurement law which committee provisions. tices to include the so-called prime requires the development and imple- One element of our amendment re- vendor arrangements which have prov- mentation of a Governmentwide Fed- quires that the DOD take actions to en very successful. eral Acquisition Computer Network ar- ensure that its comptrollers are ade- The PRESIDING OFFICER. Without chitecture—called FACNET and en- quately trained. Afterall, the comp- objection, the amendment is agreed to. acted as part of the Federal Acquisi- troller is the key technical expert who The amendment (No. 747) was agreed tion Streamlining Act of 1994 [FASA]. overseas and manages the day-to-day to. At the time, Congress intended to re- financial operations. For example, the Mr. LEVIN. Mr. President, I move to quire the Government to evolve its ac- comptroller of the Pacific Fleet, reconsider the vote by which the quisition process from a paper-based billeted for a Navy captain, is respon- amendment was agreed to. process to an electronic process. The sible for the financial management and Mr. THURMOND. I move to lay that specific intent of FACNET was to pro- financial reporting of an annual budget motion on the table. vide a common architecture to imple- of about $5 billion, comparable in size The motion to lay on the table was ment electronic commerce within the to a Fortune 500 corporation. agreed to. Governmentwide procurement system. Earlier this year, I released a General AMENDMENT NO. 748 However, GAO recently reviewed the Accounting Office report, entitled ‘‘Fi- (Purpose: To streamline electronic com- Government’s progress in developing nancial Management: Opportunities to merce requirements and for other pur- and implementing FACNET, and con- Improve Experience and Training of poses) cluded that, in the short time since Key Navy Comptrollers.’’ The GAO re- Mr. THURMOND. Mr. President, on passage of FASA, alternative elec- port states that the Navy’s financial behalf of Senators THOMPSON and tronic purchasing methods have be- and accounting systems have been sub- GLENN, I offer an amendment which come readily available to the Govern- stantially hampered by the fact that would amend the requirements in the ment and its vendors. Given these ad- the Navy has no specific career path Federal Acquisition Streamlining Act vances in technology, the overly pro- for financial officers, has inadequate fi- of 1994 to allow electronic commerce at scriptive requirements of FASA and nancial management and accounting DOD and other Federal agencies to be problems with implementation by the education standards for comptroller implemented in a cost-effective man- agencies, GAO questioned whether and jobs, and has a policy of rotating offi- ner consistent with commercial prac- to what extent FACNET makes good cers too often through key accounting tices. business sense. GAO recommended that positions. In the report, GAO pointed The amendment would also make if the FACNET requirements were an to these personnel practices as one changes to current procurement law to impediment to the implementation of a cause of GAO findings of conform civilian agency statutes to Governmentwide electronic commerce misstatements in almost all of the DOD statutes regarding the perform- strategy, then legislative changes Navy’s major accounts. ance-based contracting and to revise a should be enacted. This amendment The GAO report recommended that pilot program for the purchase of infor- would provide those changes to give the Secretary of Defense ensure that mation technology to make it more flexibility to implement electronic the following steps are taken by the competitive by allowing more than one commerce at DOD and other Federal Navy, all of which are applicable to the vendor to participate in the program. agencies in an efficient and cost-effec- other Armed Services: Mr. President, I believe this amend- tive manner consistent with commer- Identify which key military comp- ment has been cleared by the other cial practice. troller positions can be converted to ci- side, and I urge that the Senate adopt Further, the amendment would make vilian status in order to gain greater this amendment. technical changes to current procure- continuity, technical competency, and Mr. LEVIN. Mr. President, the ment law to: First, conform civilian cost savings. amendment has been cleared on this agency statutes to DOD statues regard- For those comptroller positions iden- side. It is a good amendment. We sup- ing performance-based contracting; tified for conversion to civilian status, port it. and second, revise a pilot program for ensure that those positions are filled The PRESIDING OFFICER. The the purchase of information technology by individuals who possess both the clerk will report. to make it more competitive by allow- proper education and experience. The legislative clerk read as follows: ing more than one vendor in the pilot. For those comptroller positions that The Senator from South Carolina [Mr. The PRESIDING OFFICER. Without should remain in military billets, es- THURMOND], for Mr. THOMPSON, for himself, objection, the amendment is agreed to. tablish a career path in the financial and Mr. GLENN, proposes an amendment The amendment (No. 748) was agreed management and ensures that military numbered 748. to.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6980 CONGRESSIONAL RECORD — SENATE July 8, 1997 Mr. THURMOND. Mr. President, I phase of each project identified under para- Act for Fiscal Year 1998, the Armed move to reconsider the vote. graph (1); Services Committee noted its con- Mr. LEVIN. I move to lay that mo- (3) the expected dates for leadership tinuing concern with ensuring that our tion on the table. changes in each Army Corps of Engineers District during that period; defense acquisition workforce has the The motion to lay on the table was (4) a plan for optimizing the timing of lead- necessary education and training sup- agreed to. ership changes so that there is minimal dis- port for the new environment in Gov- AMENDMENT NO. 749 ruption to major phases of major Army ernment acquisition. (Purpose: To require the Secretary of De- Corps of Engineers projects; and Section 812 of the Defense Authoriza- fense to review the command selection (5) a review of the impact on the Army tion Act for Fiscal Year 1993 directed process for District Engineers of the Army Corps of Engineers, and on the mission of the Department of Defense to develop Corps of Engineers) each District, of allowing major command alternative standards for the fulfill- Mr. LEVIN. Mr. President, on behalf tours of District Engineers to be of 2 to 4 years in duration, with the selection of the ment of the training requirements for of Senator GRAHAM of Florida, I offer exact timing of the change of command to be the acquisition workforce under the an amendment that would require the at the discretion of the Chief of Engineers Defense Acquisition Workforce Im- Secretary of Defense to report to Con- who shall act with the goal of optimizing the provement Act. These standards will gress concerning the process that the timing of each change so that it has minimal sunset on October 1 of this year. The Army Corps of Engineers uses to assign disruption on the mission of the District En- amendment I am offering would extend officers as district engineers, and I be- gineer. the life of these fulfillment standards lieve this amendment has been cleared The PRESIDING OFFICER. Without for an addition 2 years. This extension by the other side. objection, the amendment is agreed to. will allow the DOD to explore alter- Mr. THURMOND. Mr. President, the The amendment (No. 749) was agreed natives to formal internal training pro- amendment has been cleared on our to. grams, including completion of courses side. Mr. LEVIN. Mr. President, I move to outside of the Department of Defense The PRESIDING OFFICER. The reconsider the vote. educational system. clerk will report. Mr. THURMOND. I move to lay that The PRESIDING OFFICER. Without The legislative clerk read as follows: motion on the table. objection, the amendment is agreed to. The Senator from Michigan [Mr. LEVIN], The motion to lay on the table was The amendment (No. 750) was agreed for Mr. GRAHAM, proposes an amendment agreed to. to. numbered 749: AMENDMENT NO. 750 Mr. THURMOND. Mr. President, I At the end of subtitle E of title X, add the (Purpose: To extend by two years the appli- move to reconsider the vote. following: cability of fulfillment standards developed Mr. LEVIN. I move to lay that mo- SEC. 10 . REPORT ON THE COMMAND SELEC- for purposes of certain defense acquisition tion on the table. TION PROCESS FOR DISTRICT ENGI- NEERS OF THE ARMY CORPS OF EN- workforce training requirements) The motion to lay on the table was GINEERS. Mr. THURMOND. Mr. President, on agreed to. (a) FINDINGS.—Congress finds that— behalf of Senators SANTORUM and LIE- AMENDMENT NO. 712 (1) the Army Corps of Engineers— BERMAN, I offer an amendment which Mr. LEVIN. Mr. President, on behalf (A) has served the United States since the would extend for an additional 2 years of Senator CLELAND, I call up amend- establishment of the Corps in 1802; the requirement under section 812 of (B) has provided unmatched combat engi- ment No. 712 that would express the neering services to the Armed Forces and the the Defense Authorization Act for Fis- sense of Congress to reaffirm the com- allies of the United States, both in times of cal Year 1993 and for the Department of mitment of the United States to pro- war and in times of peace; Defense to develop and implement al- vide quality health care for military (C) has brilliantly fulfilled its domestic ternative standards for fulfilling train- retirees, and I believe this amendment mission of planning, designing, building, and ing requirements under the Defense Ac- has been cleared by the other side. operating civil works and other water re- quisition Work Force Improvement Mr. THURMOND. Mr. President, the sources projects; Act. amendment has been cleared on our (D) must remain constantly ready to carry out its wartime mission while simulta- Mr. President, I believe this amend- side. neously carrying out its domestic civil ment has been cleared by the other The PRESIDING OFFICER. Without works mission; and side, and I urge the Senate to adopt it. objection, the amendment is agreed to. (E) continues to provide the United States Mr. LEVIN. It has been cleared. The amendment (No. 712) was agreed with these services in projects of previously The PRESIDING OFFICER. The to. unknown complexity and magnitude, such as clerk will report. Mr. LEVIN. Mr. President, I move to the Everglades Restoration Project and the The legislative clerk read as follows: reconsider the vote. Louisiana Wetlands Restoration Project; The Senator from South Carolina [Mr. Mr. THURMOND. I move to lay that (2) the duration and complexity of these THURMOND], for Mr. SANTORUM, for himself motion on the table. projects present unique management and and Mr. LIEBERMAN, proposes an amendment The motion to lay on the table was leadership challenges to the Army Corps of numbered 750: agreed to. Engineers; At the end of subtitle E of title X, add the (3) the effective management of these AMENDMENT NO. 751 following: projects is the primary responsibility of the (Purpose: To require the Secretary of De- District Engineer; SEC. 844. TWO-YEAR EXTENSION OF APPLICA- fense to initiate actions to eliminate or BILITY OF FULFILLMENT STAND- mitigate the need for some military fami- (4) District Engineers serve in that posi- ARDS FOR DEFENSE ACQUISITION tion for a term of 2 years and may have their WORKFORCE TRAINING REQUIRE- lies to subsist at poverty level standards of term extended for a third year on the rec- MENTS. living) ommendation of the Chief of Engineers; and Section 812(c)(2) of the National Defense Mr. LEVIN. Mr. President, on behalf (5) the effectiveness of the leadership and Authorization Act for Fiscal Year 1993 (Pub- of Senator HARKIN, I offer an amend- management of major Army Corps of Engi- lic Law 102–484; 106 Stat. 2451; 10 U.S.C. 1723 ment that would require the Secretary neers projects may be enhanced if the timing note) is amended by striking out ‘‘October 1, of Defense to initiate actions to elimi- of District Engineer reassignments were 1997’’ and inserting in lieu thereof ‘‘October nate or mitigate the need for some phased to coincide with the major phases of 1, 1999’’. the projects. military families to subsist at poverty Mr. SANTORUM. Mr. President, I (b) REPORT.—Not later than March 31, 1998, level standards of living. the Secretary of Defense shall submit a re- rise to offer an amendment for myself I ask also unanimous consent that port to Congress that contains— and Senator LIEBERMAN that would ex- Senator KEMPTHORNE be listed as an (1) an identification of each major Army tend the authority of the Department original cosponsor of this amendment. Corps of Engineers project that— of Defense to consider alternative ap- I understand it has been cleared on (A) is being carried out by each District proaches to the fulfillment of the edu- the other side. Engineer as of the date of the report; or cation and training requirements in Mr. THURMOND. Mr. President, this (B) is being planned by each District Engi- neer to be carried out during the 5-year pe- the Defense Acquisition Workforce Im- amendment has been cleared on our riod beginning on the date of the report; provement Act in chapter 87 of title 10, side. (2) the expected start and completion United States Code. In the report to ac- The PRESIDING OFFICER. The dates, during that period, for each major company the Defense Authorization clerk will report.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6981 The legislative clerk read as follows: (2) Not later than 90 days after the date of (4) Despite the inadequacy of the oppor- The Senator from Michigan [Mr. LEVIN], the enactment of this Act, the Secretary of tunity afforded applicants to comply with for Mr. HARKIN, for himself and Mr. KEMP- Defense shall submit to Congress a report re- the two new requirements, and without in- THORNE, proposes an amendment numbered garding the Secretary’s intentions regarding forming the applicants of the intent to do so, 751: implementation of the program authorized the Navy officials gave three times as much At the end of subtitle E of title V, add the under section 1060a of title 10, United States weight to the new requirements than they following: Code, including any plans to implement the did to their own original requirements in SEC. 664. SUBSISTENCE OF MEMBERS OF THE program. evaluating the applications. ARMED FORCES ABOVE THE POV- The PRESIDING OFFICER. Without (5) Moreover, Navy officials revised the ERTY LEVEL. objection, the amendment is agreed to. evaluation subcriteria for the ‘‘public bene- fits’’ requirements after all applications had (a) FINDINGS.—Congress makes the fol- The amendment (No. 751) was agreed lowing findings: been submitted and reviewed, thereby never (1) The morale and welfare of members of to. giving applicants an opportunity to address the Armed Forces and their families are key Mr. LEVIN. Mr. President, I move to their applications to the revised subcriteria. components of the readiness of the Armed reconsider the vote. (6) The General Accounting Office criti- Forces. Mr. THURMOND. I move to lay that cized the revised process for inadequate no- (2) Several studies have documented sig- motion on the table. tice and causing all applications to include nificant instances of members of the Armed The motion to lay on the table was inadequate information. Forces and their families relying on various agreed to. (7) In spite of the GAO critria, the Navy forms of income support under programs of Mr. THURMOND. Mr. President, I has refused to reopen its donations process the Federal Government, including assist- for the Missouri suggest the absence of a quorum. (b) NEW DONEE SELECTION PROCESS.—(1) the ance under the Food Stamp Act of 1977 (7 The PRESIDING OFFICER. The U.S.C. 2012(o) and assistance under the spe- Secretary of the Navy shall— (A) set aside the selection of a recipient for cial supplemental nutrition program for clerk will call the roll. donation of the USS Missouri; women, infants, and children under section The assistant legislative clerk pro- (B) initiate a new opportunity for applica- 17 of the Child Nutrition Act of 1966 (42 ceeded to call the roll. tion and selection of a recipient for donation U.S.C. 1786). Mr. GORTON. Mr. President, I ask of the USS Missouri that opens not later (b) SENSE OF CONGRESS.—It is the sense of unanimous consent that the order for than 30 days after the date of the enactment Congress that the Secretary of Defense the quorum call be rescinded. of this Act; and should strive— The PRESIDING OFFICER. Without (C) in the new application of selection ef- (1) to eliminate the need for members of objection, it is so ordered. fort— the Armed Forces and their families to sub- Mr. GORTON. Mr. President, what is (i) disregard all applications received, and sist at, near, or below the poverty level; and evaluations made of those applications, be- (2) to improve the wellbeing and welfare of the pending business? fore the new opportunity is opened; members of the Armed Forces and their fam- The PRESIDING OFFICER. Amend- ment No. 666 offered by the Senator (ii) permit any interested party to apply ilies by implementing, and programming full for selection as the donee of the USS Mis- from Minnesota [Mr. WELLSTONE]. funding for, programs that have proven effec- souri; and tive in elevating the standard of living of AMENDMENT NO. 424 (iii) ensure that all requirements, criteria, members and their families significantly (Purpose: To require the Secretary of the and evaluation methods, including the rel- above the poverty level. Navy to set aside the previous selection of ative importance of each requirement and (c) STUDY REQUIRED.—(1) The Secretary of a recipient for donation of the USS Mis- criterion, are clearly communicated to each Defense shall conduct a study of members of souri and to carry out a fair process for se- applicant. the Armed Forces and their families who lection of a recipient for the donation) (2) After the date on which the new oppor- subsist at, near, or below the poverty level. Mr. GORTON. I ask unanimous con- tunity for application and selection for dona- (2) The study shall include the following: tion of the USS Missouri is opened, the navy (A) An analysis of potential solutions for sent that the pending amendment be may not add to or revise the requirements mitigating or eliminating the need for mem- set aside so that I can call up amend- and evaluation criteria that are applicable in bers of the Armed Forces and their families ment No. 424 and ask for its immediate the selection process on that date. to subsist at, near, or below the poverty consideration. Mr. GORTON. Mr. President, I ask level, including potential solutions involving The PRESIDING OFFICER. Without unanimous consent that Senator FEIN- changes in the systems and rates of basic al- objection, it is so ordered. lowance for subsistence, basic allowance for The clerk will report. STEIN be added as a cosponsor to the quarters, and variable housing allowance. The bill clerk read as follows: amendment. (B) Identification of the populations most The PRESIDING OFFICER. Without likely to need income support under Federal The Senator from Washington [Mr. GOR- TON] for himself and Mrs. MURRAY, proposes objection, it is so ordered. Government programs, including— Mr. GORTON. Mr. President, the (i) the populations living in areas of the an amendment numbered 424. U.S.S. Missouri, the battleship on United States where housing costs are nota- Mr. GORTON. Mr. President, I ask which the Japanese surrender was bly high; unanimous consent that further read- signed in 1945, was decommissioned, (ii) the populations living outside the ing of the amendment be dispensed United States; and mothballed and home ported in Brem- with. (iii) the number of persons in each identi- erton, WA, from 1954 until it was re- fied population. The PRESIDING OFFICER. Without objection, it is so ordered. commissioned in 1986. It was during (C) The desirability of increasing rates of that period of time, of course, a major basic pay and allowances over a defined pe- The amendment is as follows: and treasured tourist attraction lo- riod of years by a range of percentages that At the end of subtitle B of title X, add the provides for higher percentage increases for following: cated relatively conveniently in the lower ranking personnel that for higher SEC. 1014. SELECTION PROCESS FOR DONATION continental United States. ranking personnel. OF THE USS MISSOURI In 1995, the Missouri was decommis- (d) IMPLEMENTATION OF DEPARTMENT OF DE- (a) FINDINGS.—Congress makes the fol- sioned for a second time and returned FENSE SPECIAL SUPPLEMENTAL FOOD PRO- lowing findings: to Bremerton. The U.S. Navy then GRAM FOR PERSONNEL OUTSIDE THE UNITED (1) The USS Missouri is a ship of historical made the Missouri available for dona- STATES.—(1) Section 1060a(b) of title 10, significance that commands considerable tion to a community willing and able United States Code, is amended to read as public interest. follows: (2) The Navy has undertaken to donate the to transform the ship into a world class ‘‘(b) FEDERAL PAYMENTS AND COMMOD- USS Missouri to a recipient that would me- maritime museum honoring the men ITIES.—For the purpose of obtaining Federal morialize the ship’s historical significance and women who served in World War II. payments and commodities in order to carry appropriately and has selected a recipient The Save the Missouri Committee in out the program referred to in subsection (a), pursuant to that undertaking. Bremerton competed with four other the Secretary of Agriculture shall make (3) More than one year after the applicants applicants in Hawaii and California available to the Secretary of Defense the for selection began working on their pro- under the same rules that had been ap- same payments and commodities as are posals in accordance with requirements pre- plied to all previous Navy donations. made for the special supplemental food pro- viously specified by the Navy, the Navy im- I want to emphasize that once again, gram in the United States under section 17 of posed two additional requirements and af- the Child Nutrition Act of 1966 (42 U.S.C. forded the applicants only two weeks to re- Mr. President. These were general 1786). Funds available for the Department of spond to the new requirements, requirement, Navy donation rules under which Defense may be used for carrying out the never previously used in any previous dona- Bremerton and the other four cities program under subsection (a).’’. tion process. competed.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6982 CONGRESSIONAL RECORD — SENATE July 8, 1997 At the last minute, however, when it The history of the ‘‘Mighty Mo’’ is Navy gave the competing communities was likely that Bremerton would be known all across our country and 12 days to respond to the new rules chosen under those rules, the Navy throughout the world. This is a relic of which turned out to be decisive in added two new requirements, failing to immense importance and historical awarding the battleship. tell any of the applicants that the two significance. It was on the decks of this Clearly, the Navy bungled the proc- new requirements would count for 75 great battleship that World War II ess—either innocently or with other percent of the ultimate decision and came to a welcome end. The Missouri is motives in mind. I am not here to ac- that the earlier rules were only 25 per- particularly valued by the residents of cuse either the Navy or another appli- cent. my State where she has been berthed cant of behaving inappropriately. The applicants had 2 weeks to re- for most of the last 40 years in Brem- Rather, I do believe the facts of the spond. None of the applicants, accord- erton. She is a source of great pride to case as established by the GAO argue ing to the Navy’s own evaluation team, veterans in my State; many of whom for our amendment. responded adequately. Nevertheless, served in World War II including in the Let me state clearly what our the Navy awarded the Missouri to Hon- Pacific theater and aboard the ‘‘Mighty amendment seeks to accomplish today. olulu based exclusively on those new Mo.’’ We simply seek the Senate’s support to requirements. Following the Navy’s decision to re- instruct the Navy to conduct a new The General Accounting Office then move the Missouri from the Naval Ves- donee selection process. We do not seek reviewed the Navy process. It criticized sel Register, five proposals were sub- to influence or prejudge that selection it on just the grounds that I have out- mitted to the Navy from communities process. We only want a fair competi- lined. The Navy nevertheless has re- interested in taking ownership of the tion, administered by the Navy in a fused to reopen the process for the four famed battleship. Bremerton, WA was manner worthy of this great battle- losing applicants, Bremerton and the among the five applicants seeking to ship. three in California. display and honor the Missouri. San Like all of my colleagues interested Mr. President, during this entire Diego, San Francisco and Honolulu all in displaying the Missouri, I have every process, I never interfered and told the submitted proposals. confidence in the proposal from my Navy what answer it should come up Each community vying for the Mis- home State. Bremerton continues to with. I simply assumed that the Navy souri submitted voluminous applica- host the Missouri today and the com- would do so on an objective and on a tions to the Navy responding within a munity is devoted to remaining the nonpolitical basis. year’s time to a set of Navy criteria steward of this unique historic monu- Now, however, I must say that, based previously used in the disposition of ment. The Missouri is a passion for the on my own experience and the report of the U.S.S. Lexington. While I cannot residents of Bremerton, Kitsap County, the General Accounting Office, I am speak for the other applicants, I know and indeed all of Washington State. outraged at the Navy’s lack of objec- of the care, the time, and the commit- I recognize that the interests of tivity and its indifference to fairness. ment demonstrated by the Bremerton Washington State may not be enough This amendment, therefore, spon- community in preparing its proposal to to sway the Senate to overturn the sored by myself, my colleague from the Navy. Bremerton’s proposal to per- Navy’s decision. However, I do want Washington, and Senator FEINSTEIN manently display the Missouri was de- my colleagues to know that this is not from California, will not decide the livered to the Navy in October 1995. a small, regional competition. Vet- question in favor of one of our cities. It Last August, the Secretary of the erans all across this country care simply requires the Navy to reopen the Navy announced the decision to award about the Missouri. Those who served question and to treat all five appli- the Missouri to Honolulu, HI. Following aboard this great battleship live in cants fairly and under the same rules the Navy’s decision, significant ques- every State in the country; many are that were imposed at the beginning of tions were raised regarding the Navy’s now elderly and incapable of traveling the process rather than being added at process in awarding the battleship. great distances to commemorate their the end. It is as simple as that. Mr. Congressman NORM DICKS in his capac- service. It is for our veterans and par- President, something that the Navy ity as a senior member of the House ticularly for those that served aboard should have done in the first place it Appropriations Committee requested a the ‘‘Mighty Mo’’ that we must ensure would be required to do by this amend- General Accounting Office study on the that the process is fair to all. ment. Navy’s donation process of the Mis- All World War II vets recognize and Obviously, the location of the Mis- souri. revere the ‘‘Mighty Mo.’’ Just recently, souri, given its historic nature, is a It is the results of this GAO study Bremerton hosted a group of 110 fami- matter of significance to all of the ap- that bring us here today. Since coming lies and survivors from the Death plicants and, I think, to all Americans to the Congress, I have sought to let March of Bataan and Corregidor. These and most especially to those who the Sun shine on the political process— veterans, many in poor health, could served in World War II. to share with the public the great deci- travel to Bremerton. And they wanted Obviously, I would prefer the ulti- sions before this body. The GAO study to see the ‘‘Mighty Mo.’’ This rev- mate location to be in my own State. demonstrates that the Navy also needs erence for the battleship demands that But I have not demanded in the past, a little sunshine. the Senate stand for a process fair to nor do I demand now, that the Navy de- Here’s what the GAO found in review- all. cide in my favor. I simply ask that it ing the Navy process. Following the re- I urge my colleagues to support the make this decision objectively—noth- view of applications, the Navy added Gorton-Murray amendment. ing more and nothing less. new and previously unused criteria to Mr. INOUYE addressed the Chair. For that reason, I ask for the support the selection process. And, according The PRESIDING OFFICER [Ms. of my colleagues for this modest pro- to the GAO, the Navy did not do a good SNOWE]. The Senator from Hawaii. posal. job communicating the relative impor- Mr. INOUYE. Madam President, Mrs. MURRAY. Mr. President, I am tance of the new evaluation criteria. briefly, it displeases me to be standing pleased to join my Washington State According to the GAO, several of the here speaking in opposition to my dis- colleague in offering this amendment applicants reported that the Navy gave tinguished friend from Washington. to require the Navy to revisit the them the mistaken impression that the But I think it should be remembered by awarding of the U.S.S. Missouri. I have additional requirements were not that all of us that under current law, the followed closely the Navy’s handling of significant. law that is in place, the Secretary of the Missouri; working with Senator Shockingly, these new criteria were the Navy is authorized to donate any GORTON, Congressman NORM DICKS, the actually given 75 percent of the dona- stricken vessel to any organization Washington congressional delegation, tion award weight. After more than 1 which can demonstrate its financial and my constituents. I am also pleased year of discussion among the inter- means to support it. that California Senators have joined ested communities, the Navy changed The Navy is not required to hold a this effort to question the Navy’s Mis- the rules and failed to explain the im- competition nor is it required to select souri decision. portance of the new rules. Then the a winning proposal. However, as my

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6983 friend from Washington noted, when it I believe that the Pearl Harbor appli- ously more conveniently located in one became apparent that there were sev- cants won the contest and competition of the west coast ports than it is Hono- eral cities vying for the Missouri, such for one simple reason: The Pearl Har- lulu. as San Francisco, Bremerton, and bor applicants did not look upon the But, Madam President, the true dif- Pearl Harbor, the Secretary deter- Missouri as a mere tourist attraction. ference between the Senator from Ha- mined that he would very carefully ex- We have a very sacred ship in Pearl waii and myself is not that. The Sen- amine how he would dispose of the Harbor at this moment, the Arizona. ator from Hawaii, as apparently he did ship. There are over 1,700 men who are still to the Navy himself, is making the In a lengthy competition, the Navy in the ship. It is a memorial. And it case for his location. I simply depended kept all participants equally informed. happens that more tourists visit the on the Navy to make that decision ob- Nowhere in the GAO report does it say Arizona than they do the Tomb of the jectively. that any city got favorable treatment. Unknown Soldier. But it was not built, The Navy, of course, can set up what- They were equally informed of how it Madam President, as a tourist attrac- ever criteria it wishes for making a do- would judge the applicants. tion. It was built as a memorial to re- nation of a ship or any other artifact It determined that in the unique sit- mind all of us that on this dark morn- to a community, but the Navy, like uation at hand it should ensure that ing of December 7, 1941, we were sud- every other American institution, this historic ship should be located denly thrust into a bloody and terrible should do so fairly and on the basis of where it would best serve the Navy and war. rules that are not changed at the be- the Nation. Those were the two addi- The battleship Missouri is a ship upon ginning of the game without telling the tional criteria. which the surrender terms were signed participants in the game what the new I think that even without stating by the representatives of the Imperial rules mean or what weight they will be that, that should be the first criteria: Government of Japan. The most logical given. Had the Navy followed its origi- How best can the interests of this Na- spot for the location is Pearl Harbor. nal rules, the rules it applied itself to tion be served? How will the Navy’s in- On one hand, you will see the Arizona all previous donations, Bremerton was terests be served? where the war began, and down Battle- the most likely winner by reason of the The Secretary issued these new re- ship Row you will see the U.S.S. Mis- deep concern on the part of the com- quirements to all of the applicants. Ac- souri where the war ended. It would munity for what had been a part of its cording to the GAO, no one received fa- constantly remind us of the many sac- history for more than 40 years. But at vorable or preferential treatment. The rifices that men and women of the the very end, the Navy comes up with Navy Secretary then had his staff United States were called upon to two other criteria, informs no one of evaluate the criteria. He chose the best make during that terrible war. their importance, gives them 75 per- proposal as the winning location. I have visited Bremerton. It is a nice cent of the weight in making its deci- Under the current law the Secretary place. But I am certain that my col- sion, and comes out, I presume, where could have selected the losing proposal, leagues realize that Bremerton is also someone in the Navy wanted to come but he did not. He chose the winning looked upon by Navy personnel, and out in the first place but could not proposal. And the winner was Pearl others, as the graveyard of ships, where without changing those rules. Harbor. dozens upon dozens of destroyers and My amendment does not even require Now, those that lost say that is not cruisers are parked and put in cover that those rules be changed, though I fair. If one would objectively look at hoping that someday they can be used. think they should be, Madam Presi- the GAO report, it does not suggest The Missouri deserves much more dent. It simply requires the Navy to that it was not fair. All applicants op- than a graveyard, Madam President. treat the citizens of the five commu- erated under the same rules. We did The Missouri should be respected with nities that applied to be the permanent not know that the Navy would change dignity; it should be revered as a me- home of the Missouri on the basis of the the interests which best served their morial. same rules at the end of the process interests. So, Madam President, I hope that my that it had at the beginning of the They argue that the competition colleagues will follow the suggestions process and to inform those commu- should be reopened. What is the basis of the GAO. The GAO said it should nities of what the rules are and what of this argument? The GAO did not rec- stand as is. The Secretary of the Navy their relative weight is. That is asking ommend that the competition be re- said his decision stands. Why go for the most minimal fairness, Madam opened, nor did the Secretary rec- through the misery again of spending President, the most minimal fairness ommend that the competition be re- countless dollars to come up with the in the world. opened. Instead, they believe, since same result? The General Accounting Office did none of the parties had enough time to I thank the Chair. not take a position one way or the consider how their location was the Mr. GORTON addressed the Chair. other on whether or not the process best location for the ship, that we The PRESIDING OFFICER. The Sen- should be reopened, said that none of should go back and redo the competi- ator from Washington. the communities were adequately in- tion. Mr. GORTON. Madam President, formed about the nature and the Madam President, I believe that is with almost all of the factual state- weight of the new criteria. That is the completely unfair to the winning team. ments about how the selection process fundamental answer that should have We have made countless—hundreds—of was made, I agree with my friend and caused the Navy to reopen this process decisions of this nature. Did we go colleague from Hawaii. With his unwar- on its own. back to MacDonnell Douglas and say ranted characterization of Bremerton Madam President, it is interesting to we are going to reopen the competition and, by implication, of San Francisco note that the fairness of this request, for the joint strike fighter because and of the California applicants, I most the request I am making in this they lost to Boeing? No. Did the Navy decidedly do not. amendment, is recognized even by the reopen the competition of the sealift Pearl Harbor is in fact a memorial to Honolulu Advertiser. Now, the Hono- ship contracts when Newport News and World War II and to its beginning. But lulu newspaper, a month ago tomor- Ingalls lost to Avondale? No. Pearl Harbor, no more than Bremerton row, wrote an editorial on the subject Madam President, the amendment by or San Francisco, was the location of which, of course, takes Senator the Senator from Washington, I be- the surrender of the Japanese on board INOUYE’s position on the merits, that lieve, is unfair and it is bad for all of the Missouri at the end of the war. Pearl Harbor is practically the only us. Each of us has had constituents Under the logic of the Senator from logical place and certainly the most which won and also lost competitions. Hawaii, the Missouri should be sent to logical place for the location of the If we are to go back and reconsider Tokyo Bay and be a memorial and a re- Missouri. But it does say, in part, awards even when the GAO does not minder there. Obviously, that is not Officials from Bremerton, WA, cite a Gen- recommend reopening matters, then I going to be the case. But from the eral Accounting Office report that says there believe we will be in very serious trou- point of view of its availability to pri- were a number of last minute changes in the ble. marily American tourists, it is obvi- Navy’s selection process that skewed it in

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6984 CONGRESSIONAL RECORD — SENATE July 8, 1997 favor of Honolulu. They want the selection was notified for the first time that ‘‘In nicating information about the two addi- process reopened. Hawaii Senator DAN addition to the financial and technical tional evaluation criteria of Public Affairs INOUYE, whose enthusiasm was very obvious information that you’ve provided, your Benefit and Historical Significance. The in the effort to get the Missouri at Pearl Har- application will also be evaluated in General Accounting Office also noted, how- bor, says the GAO report in itself is skewed. ever, that none of the applicants requested He promises the great battleship will come terms of its overall public benefit to clarification on any aspect of these two cri- to Pearl. Let’s hope so. But if the proposed the Navy and to the historical signifi- teria. When the General Accounting Office Pearl Harbor resting place makes so much cance associated with each location to forwards their report to me, I will consider sense, as we believe, then there should be no include the manner in which the ship and provide a written response to any spe- problem in reopening the selection process will be used as a naval museum or me- cific recommendations they make regarding so that all questions are answered. morial.’’ Notification was made in how to improve the process for future com- It concludes, ‘‘And no one can claim writing, with telephone confirmation. petitive donation selections. Hawaii stole it. We can proudly say we The GAO also reports on page 12 that I am sensitive to the concerns of those American veterans who have expressed their earned the right to host the Missouri.’’ none of the applicants requested clari- desire to keep ex-MISSOURI on the main- I am not sure that would be the re- fication of the June 5 letter or ex- land. Others, including the American Le- sult. I hope that would not be the re- pressed concern about the additional gion’s Department of Missouri, have en- sult. The very newspaper in Honolulu requirements at the time, and all re- dorsed the Pearl Harbor site. I regret that it itself acknowledges that this competi- sponded to the letter. is not possible to accommodate all groups tion should be a fair one and carries That, to me, is a very critical fact, who are interested in the location of the ex- the implication that it was an unfair that when the additional requirements MISSOURI display. As I said at the time my one. We ask no more than that. This is were spelled out in that June 5 notifi- selection was announced last summer, this cation, that all the applicants re- was a very tough decision since all the pro- not a tremendously complicated proc- posals were so impressive. I hope that other ess. It will not take a long time to do sponded to the letter with the addi- groups interested in displaying a Navy ship justice. But justice has not been done, tional requirements and none re- will consider that there are several other Madam President, and it can only be quested clarification or expressed con- ships currently available for donation. done by the acceptance of this amend- cern. As always, if I can be of any further assist- ment. Was this a perfect process? It was ance, please let me know. I ask for the yeas and nays on the not. The GAO acknowledges that, and Sincerely, amendment. indeed, the Navy acknowledges that. JOHN H. DALTON, The PRESIDING OFFICER. Is there a Was this process sufficiently fair so Secretary of the Navy. sufficient second? that we should not reopen the Navy’s Mr. AKAKA. Madam President, I rise There is a sufficient second. decision to donate the Missouri to Pearl in opposition to the amendment offered The yeas and nays have been ordered. Harbor? It seems to me that it does by Senator GORTON. Mr. INOUYE. Madam President, I meet that test. The ‘‘Mighty Mo’’ is a historical icon suggest that to call upon the Navy as I will oppose the amendment and of World War II in the Pacific. It began being unfair and not objective is not vote against reopening the Navy’s se- its service in World War II by providing fair. There is nothing in the record to lection process. gunfire support during the battles of suggest that they have been less than I yield the floor. Iwo Jima and Okinawa. The U.S.S. Mis- objective or less than fair. Mr. INOUYE. Madam President, I ask souri took its place in world history I think it should be pointed out that unanimous consent that a letter dated when it became the site for the formal the GAO report stated that no one re- June 10, 1997, from the Secretary of the signing of Japan’s surrender. ceived preferential treatment, no one Navy to the Honorable NORMAN D. Continuing its auspicious beginnings, received advance notice. It was objec- DICKS, a Member of the House of Rep- the Missouri participated in the Korean tive, it was fair to all, and the Sec- resentatives, be printed in the RECORD. war, was decommissioned, then re- retary of the Navy just recently stated There being no objection, the letter commissioned, and saw its final battles he stands by his decision, and the GAO was ordered to be printed in the during the Persian Gulf conflict. She report itself says the decision should be RECORD, as follows: was finally decommissioned on March left where it is. It should not be re- DEPARTMENT OF THE NAVY, 31, 1992. opened. OFFICE OF THE SECRETARY, In January 1995, the Department of So I hope my colleagues will defeat Washington, DC, 10 June 1997. the Navy declared Iowa class battle- this amendment. Hon. NORMAN D. DICKS, ships in excess to its requirements. The Mr. GORTON. Madam President, one House of Representatives, people of Hawaii have always believed Washington, DC. correction. The GAO makes no rec- DEAR MR. DICKS: Thank you for your letter that the Missouri’s home is Hawaii. We ommendation with respect to whether of June 3, 1997, regarding the General Ac- supported having her homeported in or not this question should be reopened counting Office report concerning the Navy’s Hawaii before she was decommissioned whatever. It does say the Navy should donation selection process for the battleship in 1992. Since then, our community has change its donation procedures in the ex-MISSOURI. been diligently working to bring the future, but it does not say that the se- I have reviewed the General Accounting Missouri to Hawaii to fulfill its final lection should stand. Office report you enclosed, and I find that it mission—as a memorial museum in the contains nothing that would warrant reopen- Mr. LEVIN. Madam President, I op- ing the process. The General Accounting Of- Pacific. It is a fitting tribute to those pose the amendment to reopen the fice stated that the Navy ‘‘impartially ap- we honor at the Arizona Memorial to Navy’s decision to donate the U.S.S. plied’’ the donation selection process, and have the Missouri become a part of our Missouri to Pearl Harbor. that all applicants received the same infor- memorial in the Pacific. These are obviously very difficult de- mation at the same time. The report’s chro- The Senator from Washington be- cisions for all of us to make because of nology documents that scoring for the finan- lieves that the Navy’s evaluation proc- the friendships with the Senators from cial, technical, historical and public affairs ess was unfair because the criteria the States involved. I do believe, under evaluation of each application did not begin were changed during the evaluation until after all criteria weighting was estab- these circumstances, the GAO found lished and all information was received from stage. However, the General Account- that the Navy’s donation process was the applicants. The initial evaluation scores ing Office found that the Navy provided impartially applied, to use their words. developed by each of the three independent all applicants the same information on They are critical of some aspects of the scoring teams were maintained throughout the additional criteria at the same process and many of these processes the process. I remain confident that my se- time. Although all interested parties are not perfect in their application. lection of Pearl Harbor was in the best inter- were provided the same information, But to me, the key words of the GAO est of the Navy and our Nation, based on the none of the applicants requested clari- report are that the Navy’s donation impartial review of the relative merits of the fication of the additional requirement. four acceptable applications. process appears to have been impar- The General Accounting Office found the The Navy conducted an impartial and tially applied, and the GAO’s state- initial phase of the donation selection proc- fair review in determining the site lo- ment on page 10 where they say that on ess was well-handled, but that the Navy cation for the Missouri. There is no rea- June 5, 1996, each of the five applicants could have done a better job of commu- son to reopen the selection process. I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6985 urge my colleagues to reject the much more, in the costs of disposing of Today, we have stockpiled chemical amendment offered by the Senator these weapons. weapons stored at 9 locations. On the from Washington, and let us move for- The Chair might wonder why the chart on my right, one can see that we ward in establishing a memorial to chairman of the Energy and Natural start out with the Johnston Atoll, an those who so gallantly fought in the Resources Committee is interested and island in the Pacific, roughly 700 miles Pacific. involved with this issue, and to what southwest of Hawaii. We have another Mr. MURKOWSKI. Madam President, degree does he have expertise in this in Tooele, UT. Umatilla, OR; Pueblo, I ask unanimous consent that the area that falls under the auspices of CO; Pine Bluff, AR; Anniston, AL; Blue pending amendment be temporarily set the Department of Defense and under Grass, KY; Aberdeen, MD, and New- aside. the Defense authorization bill. The port, IN. The PRESIDING OFFICER. Without Chairman would respond, Madam The chemical consistencies of the objection, it is so ordered. President, by noting that, as chairman weapons stored there are abbreviated AMENDMENT NO. 753 of the Energy and Natural Resources here by GB, which is a sarin nerve (Purpose: To require a report on options for Committee, I spend a great deal of agent, and HD, which is a mustard blis- the disposal of chemical weapons and agents) time and energy in the area of nuclear ter agent, and VX, which is a nerve gas Mr. MURKOWSKI. Madam President, waste and nuclear waste disposal and agent. I send an amendment to the desk and the transportation of nuclear waste. Now, I have had the opportunity to ask for its immediate consideration. I might add that there has been visit the facility at Johnston Island on The PRESIDING OFFICER. The moved globally about 25,000 tons of two occasions in the last 3 years. The clerk will report. high-level nuclear waste throughout chemical weapons are stored in cap- The assistant legislative clerk read the world. We have, currently, in some sules that look like hundred pound as follows: 80 reactors in 31 sites in the United bombs. And within the bomb itself, or States, high-level nuclear waste that The Senator from Alaska [Mr. MURKOWSKI] the casing, we have two components. proposes an amendment numbered 753. we are contemplating at some time One is an agent that is separate and moving to Yucca Mountain in Nevada. Mr. MURKOWSKI. Mr. President, I distinct from the other nerve gas So I think the qualifications for a con- ask unanimous consent that further agents, and there is a triggering mech- tribution to the area of disposing of reading of the amendment be dispensed anism. Of course, the chemical reac- chemical weapons is appropriate in the with. tion takes place when the two are body of the amendment. This amend- The PRESIDING OFFICER. Without mixed, or the exterior shell is punc- ment simply calls for a study. It does objection, it is so ordered. tured or broken. It is rather revealing not mandate changes in the program at The amendment is as follows: to contemplate the terrible con- this time, but will provide the Congress sequences of this type of weaponry, At an appropriate place in title III, insert with an important and needed oppor- the following: Madam President. It was explained tunity to responsibly evaluate alter- SEC. . REPORT ON OPTIONS FOR THE DISPOSAL that these can be fired from a Howitzer OF CHEMICAL WEAPONS AND natives to our chemical weapons dis- in ground activity, exploding perhaps AGENTS. posal program in the future. 300 or 400 feet in the air, and the mist Surprisingly enough, there is no au- (a) REQUIREMENT.—Not later than March of the vapors, upon contact with the 15, 1998, the Secretary of Defense shall sub- thority to evaluate alternatives at this skin, will take a life within 30 seconds. mit to Congress a report on the options time for the Department of Defense. It Now, when you see this stored, you available to the Department of Defense for was my hope this amendment would be the disposal of chemical weapons and agents accepted by the floor managers. come to grips with the reality of the in order to facilitate the disposal of such I think it is noteworthy, Madam devastation of this type of weaponry weapons and agents without the construc- President, that prior to the Senate’s and the necessity of proper disposal. tion of additional chemical weapons disposal It is also important to recognize how facilities in the continental United States. ratification of the Chemical Weapons Treaty, the United States did adopt the it got there because this stuff wasn’t (b) ELEMENTS.—The report shall include made at Johnston Island. It was the following: policy that we would dispose of our (1) a description of each option evaluated; chemical weapons in a safe and envi- shipped there from Europe, and some (2) an assessment of the lifecycle costs and ronmentally responsible manner. As was shipped from some of our bases in risks associated with each option evaluated; most of my colleagues know, the dis- the Pacific. It was shipped under the (3) a statement of any technical, regu- posal process is now underway, but it is observation of the Army Corps of Engi- latory, or other requirements or obstacles becoming clear that we cannot afford neers. It was shipped safely and met with respect to each option, including with the criteria for shipment, which was respect to any transportation of weapons or to continue this program as it is cur- rently constructed because of the evaluated to ensure its safety. agents that is required for the option; So it is important to keep in mind in (4) an assessment of incentives required for costs. sites to accept munitions or agents from out- According to the General Accounting this discussion that these weapons we side their own locales, as well as incentives Office, the costs of the stockpile dis- are now disposing of at Johnston Is- to enable transportation of these items posal program have escalated seven- land, for the most part, were weapons across state lines; fold, from an initial estimate of $1.7 that were part of the NATO capability, (5) an assessment of the cost savings that billion to a current estimate of $12.4 shipped from Germany, and have been could be achieved through either the applica- billion. The costs of the nonstockpile safely transported to Johnston Island tion of uniform federal transportation or and are under the process of being de- safety requirements and any other initia- program, which consists of the location tives consistent with the transportation and and destruction of chemical weapons stroyed. safe disposal of stockpile and nonstockpile ordinance that was disposed of through Now, at Johnston island, we have chemical weapons and agents; and burial or other means in the past, this capability for weapons demili- (6) proposed legislative language necessary could cost an additional $15.1 billion tarization and incineration. This com- to implement options determined by the Sec- and take up to 40 years to complete. plies, as it must, with all applicable en- retary to be worthy of consideration by the Well, that is a total of about $27.5 bil- vironmental laws, including the Re- Congress. lion to dispose of our chemical weap- source Conservation and Recovery Act, Mr. MURKOWSKI. Madam President, ons. However, the GAO indicates that the Clean Air Act, the Clean Water let me explain very briefly the amend- both the costs and the disposal sched- Act, and the Toxic Substances Control ment that I put before the Senate. This ules are highly uncertain and that it Act. It is a superbly safe, state-of-the- amendment would direct the Depart- will likely take more time and likely art facility. It is also very expensive. ment of Defense to conduct a study of take more money to get this job done. This plant cost approximately $1 bil- alternatives to our present approach to Well, as a consequence of that di- lion. chemical weapons disposal. Depending lemma, Madam President, I think the What they have there are chambers on the conclusion of this study and its program needs a fresh look, a new com- where they take these things that look evaluation, there is a potential savings prehensive evaluation by the program like bombs with the chemical in them to the taxpayer, somewhere in the area managers in the Department of De- and they actually take, in parts, the of $3 billion to $5 billion, and perhaps fense. Chamber—that is, the inner Chamber,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6986 CONGRESSIONAL RECORD — SENATE July 8, 1997 remove that, and put it in an area one, will await the results of the study The PRESIDING OFFICER. The where they are able to dispose, through before reaching any firm conclusions. clerk will call the roll. heat, of the volatility of the particular But I have a hunch—and it is more The assistant legislative clerk pro- chemical agent. The other part goes in than a hunch—that we can save money ceeded to call the roll. another Chamber and is burned at a by reassessing this process. I am not Mr. MURKOWSKI. Madam President, very high temperature in an enclosed suggesting it should go to any one I ask unanimous consent that the order cycle process. So there is nothing that place. But the reality is that we are de- for the quorum call be rescinded. gets into the atmosphere. signing a framework here for disposal The PRESIDING OFFICER. Without Now, we have recently opened an- in seven new additional sites which objection, it is so ordered. other $1 billion facility in Tooele, UT. still need to be built. Given that we Mr. MURKOWSKI. Madam President, The theory is that we are going to have have two state of the art, fully oper- I am not sure whether the Parliamen- to build some seven more of these ational facilities at Johnston Island tarian recorded my request for the yeas plants, capable of disposing of this and Tooele, UT, is it really necessary and nays. I would like to withdraw ask- chemical waste at each of the locations that we need to build seven additional ing for the yeas and nays on my where stockpiled chemical weapons are sites? Or can we consolidate this proc- amendment at this time. stored. So while we have operational ess, perhaps with one site on the east The PRESIDING OFFICER. The yeas facilities at Johnston Atoll and Tooele, coast and one site in the middle of the and nays have not been ordered. Mr. MURKOWSKI. I thank the Chair. UT, we are prepared to put in seven country? Our technical people have more at a billion dollars each, simply proven the competency of disposing of AMENDMENT NO. 753, AS MODIFIED because we are prohibited from even this, as we have had this process under- Mr. MURKOWSKI. Madam President, considering shipping this to safe dis- way at Johnston Island and Tooele for I ask unanimous consent that I be al- posal sites already on line. some time. We seem to be so paranoid lowed to modify my amendment which As I said, we have a perfectly func- over the fact that we have this stuff is pending at the desk at this time. tioning facility on Johnston Island, and we are caught, if you will, in a di- The PRESIDING OFFICER. The Sen- which has been operational for a num- lemma of, well, if we want to get rid of ator has the right to modify his amend- ber of years. Should we move or even it, we have to build a plant where it is ment at this time. Mr. MURKOWSKI. I thank the Chair. consider moving chemical weapons to stationed because nobody wants to see it moved across to someplace else The PRESIDING OFFICER. The Johnston Island and dispose of all of amendment is so modified. them in that plant we have already where it can be disposed of. But nobody addresses what the experts tell us rel- The amendment (No. 753), as modi- built? The answer clearly is no. There fied, is as follows: are objections from California and ob- ative to the ability to move this stuff safely. We moved it safely from Ger- At an appropriate place in title III, insert jections from Hawaii. Nobody wants the following: this to happen in their own backyard. many to Johnston Island, it can be done and has been done. To suggest SEC. . REPORT ON OPTIONS FOR THE DISPOSAL These States that have the chemical OF CHEMICAL WEAPONS AND weapons stored are in kind of a catch- that we can’t move it 400 or 500 miles AGENTS. 22. They don’t want them there any- by putting it in the type of containers Notwithstanding any provision of law: (a) REQUIREMENT.—Not later than March more. If they want to get rid of them, that will alleviate virtually any expo- sure associated with an accident, I 15, 1998, the Secretary of Defense shall sub- they have to build a plant at a cost of think, sells American technology and mit to Congress a report on the options over a billion dollars, as opposed to the ingenuity short. We can move chemical available to the Department of Defense for alternative of shipping them to one or weapons in a safe and environmentally the disposal of chemical weapons and agents two sites. in order to facilitate the disposal of such Well, the answer to this $5 billion responsible manner, and we can save a weapons and agents without the construc- question is simple. Under current law, lot of money by reducing the number of tion of additional chemical weapons disposal the Department of Defense cannot facilities that we are committed to facilities in the continental United States. build. (b) ELEMENTS.—The report shall include move chemical weapons across State So I urge the Senate to adopt my the following: lines. In fact, they can’t even study the amendment. Again, I urge my col- (1) a description of each option evaluated; concept of transporting the munitions leagues to reflect on the reality that (2) an assessment of the lifecycle costs and to an existing plant and thus build risks associated with each option evaluated; this amendment does not mandate any (3) a statement of any technical, regu- fewer plants. So if you look at the changes in the program. It will not practicality of where we are, we are of latory, or other requirements or obstacles mandate the movement of any chem- with respect to each option, including with one mind set. Reality: If we want to ical weapons from one place to another respect to any transportation of weapons or get rid of this stuff, we have to build or remove the prohibitions to move agents that is required for the option; seven plants rather than move the stuff weapons across State lines. It would (4) an assessment of incentives required for because we have a law that prohibits us merely allow the Department of De- sites to accept munitions or agents from out- side their own locales, as well as incentives from moving these agents across State fense to study alternatives and report lines for disposal at one or two plants. to enable transportation of these items back to Congress by March 15, 1998. I across state lines; In other words, the Department of know of the sensitivity of Members Defense can’t even think about saving (5) an assessment of the cost savings that whose States are affected. But I ask could be achieved through either the applica- money by having this process occur in them to consider the merits of a study tion of uniform federal transportation or just a couple of plants instead of—well, to evaluate, indeed, whether we can safety requirements and any other initia- it would be a total of nine. My amend- move some of this to some places and tives consistent with the transportation and ment is designed to allow the Depart- reduce the number of facilities that we safe disposal of stockpile and nonstockpile ment of Defense to study the transpor- chemical weapons and agents; and are going to build at a billion dollars a (6) proposed legislative language necessary tation issue, as well as whatever other crack. What are we going to do with approaches might be available to help to implement options determined by the Sec- these facilities when the weapons have retary to be worthy of consideration by the bring down program costs consistent been deactivated and destroyed? We are Congress. with the safe disposal of these chem- going to destroy the facilities. I urge Mr. MURKOWSKI. I thank the Chair. ical weapons. adoption of the amendment. I suggest the absence of a quorum. My amendment does not repeal the Madam President, if I may, it is my The PRESIDING OFFICER. The provision in the 1995 defense authoriza- intention to ask for the yeas and nays clerk will call the roll. tion bill that prohibits the movement on my amendment at the appropriate The assistant legislative clerk pro- of chemical weapons munitions across time. The floor managers can address ceeded to call the roll. the State lines. it at their convenience. Mr. LEVIN. Mr. President, I ask At this time, we are only seeking a Mr. LEVIN. Will the Senator with- unanimous consent that the order for study to identify and evaluate options. hold on that for a moment? the quorum call be rescinded. This study will assess lifecycle costs as Mr. MURKOWSKI. Yes. The PRESIDING OFFICER (Mr. well as risks. We are not moving be- Mr. LEVIN. Mr. President, I suggest BROWNBACK). Without objection, it is so yond the study phase because I, for the absence of a quorum. ordered.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6987 MODIFICATIONS TO AMENDMENTS NOS. 666, 667, SEC. 1075. LIMITATION ON USE OF COOPERATIVE In summary, this amendment estab- 668, AND 670, EN BLOC THREAT REDUCTION FUNDS FOR DE- lishes five conditions for the assistance STRUCTION OF CHEMICAL WEAP- Mr. LEVIN. Mr. President, on behalf ONS. that is to be provided to Russia for de- of Senator WELLSTONE, I ask unani- (a) LIMITATION.—No funds authorized to be struction of its chemical weapons, the mous consent that it be in order to appropriated under this or any other Act for so-called Nunn-Lugar funding. Very modify his amendments numbered 666, fiscal year 1998 for Cooperative Threat Re- briefly, this resolution is called for be- 667, 668, and 670, en bloc. duction programs may be obligated or ex- cause the funding that we have pro- The PRESIDING OFFICER. Is there pended for chemical weapons destruction ac- vided to Russia to date does not appear objection? The Chair hears none, and it tivities, including for the planning, design, to be adequately supported by the Gov- or construction of a chemical weapons de- is so ordered. struction facility or for the dismantlement ernment of Russia for its part of its Mr. LEVIN. I thank the Chair. Mr. of an existing chemical weapons production own chemical weapons destruction pro- President, on behalf of Senator facility, until the date that is 15 days after gram. If one could view this in the na- WELLSTONE, I send his modifications to a certification is made under subsection (b). ture of matching funds, I think it is the desk. (b) PRESIDENTIAL CERTIFICATION.—A cer- easy to understand. We have provided a The PRESIDING OFFICER. The tification under this subsection is a certifi- great deal of money, of Nunn-Lugar amendments are so modified. cation by the President to Congress that— funding, to Russia, much of it for de- (1) Russia is making reasonable progress The modifications are as follows: toward the implementation of the Bilateral struction of their chemical weapons. MODIFICATION TO AMENDMENT NO. 666 Destruction Agreement; They have not reciprocated by allo- On page 1, line 5, strike ‘‘shall’’ and insert (2) the United States and Russia have re- cating or spending any of their own in lieu thereof ‘‘is authorized to’’. solved, to the satisfaction of the United money for the destruction of their States, outstanding compliance issues under MODIFICATION TO AMENDMENT NO. 667 chemical weapons. the Wyoming Memorandum of Under- In addition, they have not ratified On page 7, line 13, strike ‘‘shall’’ and insert standing and the Bilateral Destruction in lieu thereof ‘‘is authorized to’’. the Chemical Weapons Convention. Agreement; They have not complied with the terms AMENDMENT NO. 668, AS MODIFIED (3) Russia has fully and accurately de- clared all information regarding its unitary of the so-called Wyoming Memoranda, At the end of subtitle D of title X, add the which is one of the methods by which following: and binary chemical weapons, chemical weapons facilities, and other facilities asso- we exchange information about our SEC. . TRANSFER FOR VETERANS’ HEALTH CARE ciated with chemical weapons; AND OTHER PURPOSES. chemical stocks in furtherance of an (4) Russia has deposited its instrument of (a) TRANSFER REQUIRED.—The Secretary of agreement to destroy them. They have ratification of the Chemical Weapons Con- backed out of the bilateral destruction Defense is authorized to transfer to the Sec- vention; and retary of Veterans’ Affairs $400,000,000 of the (5) Russia and the United States have con- agreement, which was our bilateral funds appropriated for the Department of De- cluded an agreement that— agreement to destroy our mutual fense for fiscal year 1998. (A) provides for a limitation on the United stocks of chemical weapons. They have (b) USE OF TRANSFERRED FUNDS.—Funds States financial contribution for the chem- not advanced a penny toward the devel- transferred to the Secretary of Veterans’ Af- ical weapons destruction activities; and opment of the facilities for the destruc- fairs shall be for the purpose of providing (B) commits Russia to pay a portion of the tion of their weapons that are cur- benefits under the laws administered by the cost for a chemical weapons destruction fa- rently being designed with U.S. Gov- Secretary of Veterans’ Affairs, other than cility in an amount that demonstrates that compensation and pension benefits provided Russia has a substantial stake in financing ernment money. In effect, they have under Chapters 11 and 13 of title 38, United the implementation of both the Bilateral De- not shown any willingness to join us in States Code. struction Agreement and the Chemical the destruction of those weapons which MODIFICATION TO AMENDMENT NO. 670 Weapons Convention, as called for in the pose the most threat to the United On page 1, line 6, strike ‘‘shall’’ and insert condition provided in section 2(14) of the States and other people around the in lieu thereof ‘‘is authorized to’’. Senate Resolution entitled ‘‘A resolution to world. advise and consent to the ratification of the As a result, partially in conformance Mr. LEVIN. I thank the Chair and Chemical Weapons Convention, subject to with the terms of the chemical weap- note the absence of a quorum. certain conditions’’, agreed to by the Senate ons treaty, which was earlier adopted, The PRESIDING OFFICER. The on April 24, 1997. and in conformance with S. 495, which clerk will call the roll. (c) DEFINITIONS.—In this section: had other specific requirements, and The assistant legislative clerk pro- (1) The term ‘‘Bilateral Destruction Agree- ment’’ means the Agreement Between the consistent with requirements that the ceeded to call the roll. United States of America and the Union of House of Representatives placed on the Mr. KYL. Mr. President, I ask unani- Soviet Socialist Republics on Destruction House-passed version of the defense au- mous consent that the order for the and Nonproduction of Chemical Weapons and thorization bill, we provide five spe- quorum call be rescinded. on Measures to Facilitate the Multilateral cific requirements that the Russian The PRESIDING OFFICER. Without Convention on Banning Chemical Weapons, Government will have to meet in order objection, it is so ordered. signed on June 1, 1990. (2) The term ‘‘Chemical Weapons Conven- to receive this funding. Mr. KYL. Mr. President, I have two First, that they show reasonable amendments that I would like to lay tion’’ means the Convention on the Prohibi- tion of the Development, Production, Stock- progress toward implementation of the down. Both are at the desk. piling and Use of Chemical Weapons and on 1990 Bilateral Destruction Agreement; AMENDMENT NO. 607 Their Destruction, opened for signature on second, that resolution of outstanding (Purpose: To impose a limitation on the use January 13, 1993. compliance issues related to the Wyo- of Cooperative Threat Reduction funds for (3) The term ‘‘Cooperative Threat Reduc- tion program’’ means a program specified in ming Memorandum of Understanding destruction of chemical weapons) and the BDA, that be resolved—at least Mr. KYL. Mr. President, the first section 1501(b) of the National Defense Au- thorization Act for Fiscal Year 1997 (Public that there be progress toward that; amendment at the desk is amendment Law 104–201: 110 Stat. 2731; 50 U.S.C. 2362 third, a full and accurate Russian ac- No. 607. note). counting of its own CW program, as re- The PRESIDING OFFICER. The (4) The term ‘‘Wyoming Memorandum of quired by those previously mentioned clerk will report. Understanding’’ means the Memorandum of agreements; fourth, Russian ratifica- The legislative clerk read as follows: Understanding Between the Government of tion of the Chemical Weapons Conven- the United States of America and the Gov- The Senator from Arizona [Mr. KYL] pro- tion; and, fifth, bilateral agreement to poses an amendment numbered 607. ernment of the Union of Soviet Socialist Re- publics Regarding a Bilateral Verification cap the United States CW destruction Mr. KYL. Mr. President, I ask unani- Experiment and Data Exchange Related to assistance and Russian commitment to mous consent that reading of the Prohibition on Chemical Weapons, signed at pay for a portion of their part of their amendment be dispensed with. Jackson Hole, Wyoming, on September 23, own CW destruction costs. The PRESIDING OFFICER. Without 1989. As I said, these are reasonable re- objection, it is so ordered. Mr. KYL. Mr. President, let me brief- quirements to be attached to U.S. tax- The amendment is as follows: ly describe what this amendment does. payer dollars going to the country of At the end of subtitle E of title X, add the Then I will discuss it in further detail Russia for the destruction of their following: later. chemical weapons. I will discuss it in

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6988 CONGRESSIONAL RECORD — SENATE July 8, 1997 further detail later, but it seems to me 102–377) from conducting underground nu- (A) to maintain a safe, secure, and reliable to be more than reasonable for us to clear tests ‘‘unless a foreign state conducts a nuclear weapons stockpile; and attach these conditions. If we do not, nuclear test after this date, at which time (B) as long as other nations covet or con- then additional taxpayer money is the prohibition on United States nuclear trol nuclear weapons or other weapons of testing is lifted’’. mass destruction, to retain a credible nu- going to be sent to Russia with no indi- (4) Section 1436(b) of the National Defense clear deterrent. cation whatsoever that Russia will Authorization Act, Fiscal Year 1989 (Public (2) NUCLEAR WEAPONS STOCKPILE.—It is in ever support the program funded with Law 100–456; 42 U.S.C. 2121 note) requires the the security interest of the United States to U.S. taxpayer dollars to support their Secretary of Energy to ‘‘establish and sup- sustain the United States nuclear weapons chemical weapons destruction pro- port a program to assure that the United stockpile through programs relating to gram. States is in a position to maintain the reli- stockpile stewardship, subcritical experi- Perhaps most important, the most ability, safety, and continued deterrent ef- ments, maintenance of the weapons labora- fect of its stockpile of existing nuclear weap- that it appears right now that Russia is tories, and protection of the infrastructure ons designs in the event that a low-threshold of the weapons complex. inclined to do is to destroy those old or comprehensive test ban on nuclear explo- (3) SENSE OF CONGRESS.—It is the sense of chemical weapons that pose an envi- sive testing is negotiated and ratified.’’. Congress that— ronmental concern to Russia with (5) Section 3138(d) of the National Defense (A) the United States should retain a triad United States dollars at the same time Authorization Act for Fiscal Year 1994 re- of strategic nuclear forces sufficient to deter that they are using Russian dollars to quires the President to submit an annual re- any future hostile foreign leadership with ac- continue a covert development and pro- port to Congress which sets forth ‘‘any con- cess to strategic nuclear forces from acting cerns with respect to the safety, security, ef- against our vital interests; duction program of new chemical fectiveness, or reliability of existing United weapons. So it makes no sense for us to (B) the United States should continue to States nuclear weapons raised by the Stock- maintain nuclear forces of sufficient size and be spending U.S. taxpayer dollars to pile Stewardship Program of the Department capability to hold at risk a broad range of help them destroy the stocks of the old of Energy’’. assets valued by such political and military environmentally unsafe weapons that (6) President Clinton declared in July 1993 leaders; and they would like to get rid of anyway, that ‘‘to assure that our nuclear deterrent (C) the advice of the persons required to at the same time they are using their remains unquestioned under a test ban, we provide the President and Congress with as- will explore other means of maintaining our money to develop new chemical weap- surances of the safety, security and reli- confidence in the safety, reliability, and the ability of the nuclear weapons force should ons and produce those new chemical performance of our weapons’’. This decision weapons that could someday be used be scientifically based, without regard for was codified in a Presidential Directive. politics, and of the highest quality and in- against the United States—all in viola- (7) Section 3138 of the National Defense Au- tegrity. thorization Act for Fiscal Year 1994 also re- tion of the chemical weapons treaty, I (c) ADVICE AND OPINIONS REGARDING NU- quires that the Secretary of Energy establish might add. CLEAR WEAPONS STOCKPILE.—Any director of a ‘‘stewardship program to ensure the preser- So that is the nature of the first a nuclear weapons laboratory or member of vation of the core intellectual and technical amendment. the Joint Nuclear Weapons Council, or the competencies of the United States in nuclear Commander of United States Strategic Com- AMENDMENT NO. 605 weapons’’. mand, may submit to the President or Con- (Purpose: To ensure the President and Con- (8) The plan of the Department of Energy gress advice or opinion in disagreement with, gress receive unencumbered advice from to maintain the safety and reliability of the the directors of the national laboratories, United States nuclear stockpile is known as or in addition to, the advice presented by the the members of the Nuclear Weapons Coun- the Stockpile Stewardship and Management Secretary of Energy or Secretary of Defense cil, and the commander of the United Program. This approach is yet unproven. The to the President, the National Security States Strategic Command regarding the ability of the United States to maintain war- Council, or Congress, as the case may be, re- safety, security, and reliability of the heads without testing will require develop- garding the safety, security, and reliability United States nuclear weapons stockpile) ment of new and sophisticated diagnostic of the nuclear weapons stockpile. Mr. KYL. If there is no objection, the technologies, methods, and procedures. Cur- (d) EXPRESSION OF INDIVIDUAL VIEWS.—No rent diagnostic technologies and laboratory representative of a government agency or second amendment is amendment No. managing contractor for a nuclear weapons 605. I call up that amendment at this testing techniques are insufficient to certify the future safety and reliability of the laboratory may in any way constrain a di- time. United States nuclear stockpile. In the past rector of a nuclear weapons laboratory, a The PRESIDING OFFICER. If there these laboratory and diagnostic tools were member of the Joint Nuclear Weapons Coun- is no objection, the clerk will report. used in conjunction with nuclear testing. cil, or the Commander of United States Stra- The legislative clerk read as follows: (9) On August 11, 1995, President Clinton di- tegic Command from presenting individual The Senator from Arizona [Mr. KYL] pro- rected ‘‘the establishment of a new annual views to the President, the National Secu- poses an amendment numbered 605. reporting and certification requirement [to] rity Council, or Congress regarding the safe- ty, security, and reliability of the nuclear Mr. KYL. Mr. President, I ask unani- ensure that our nuclear weapons remain safe and reliable under a comprehensive test weapons stockpile. mous consent that reading of the ban’’. (e) PROHIBITED PERSONNEL ACTIONS.—No amendment be dispensed with. (10) On the same day, the President noted representative of a government agency or The PRESIDING OFFICER. Without that the Secretary of Defense and the Sec- managing contractor may take any adminis- objection, it is so ordered. retary of Energy have the responsibility, trative or personnel action against a director The amendment is as follows: after being ‘‘advised by the Nuclear Weapons of a nuclear weapons laboratory, a member On page 347, between lines 15 and 16, insert Council, the Directors of DOE’s nuclear of the Joint Nuclear Weapons Council, or the the following: weapons laboratories, and the Commander of Commander of the United States Strategic Command, in order to prevent such indi- SEC. 1075. ADVICE TO THE PRESIDENT AND CON- United States Strategic Command’’, to pro- GRESS REGARDING THE SAFETY, SE- vide the President with the information to vidual from expressing views under sub- CURITY, AND RELIABILITY OF make the certification referred to in para- section (c) or (d) or as retribution for ex- UNITED STATES NUCLEAR WEAPONS graph (9). pressing such views. STOCKPILE. (11) The Joint Nuclear Weapons Council es- (f) DEFINITIONS.— (a) FINDINGS.—Congress makes the fol- tablished by section 179 of title 10, United (1) REPRESENTATIVE OF A GOVERNMENT lowing findings: States Code, is responsible for providing ad- AGENCY.—The term ‘‘representative of a gov- (1) Nuclear weapons are the most destruc- vice to the Secretary of Energy and Sec- ernment agency’’ means any person em- tive weapons on earth. The United States retary of Defense regarding nuclear weapons ployed by, or receiving compensation from, and its allies continue to rely on nuclear issues, including ‘‘considering safety, secu- any department or agency of the Federal weapons to deter potential adversaries from rity, and control issues for existing weap- Government. using weapons of mass destruction. The safe- ons’’. The Council plays a critical role in ad- (2) MANAGING CONTRACTOR.—The term ty and reliability of the nuclear stockpile vising Congress in matters relating to nu- ‘‘managing contractor’’ means the non-gov- are essential to ensure its credibility as a de- clear weapons. ernment entity specified by contract to terrent. (12) It is essential that the President re- carry out the administrative functions of a (2) On September 24, 1996, President Clin- ceive well-informed, objective, and honest nuclear weapons laboratory. ton signed the Comprehensive Test Ban opinions from his advisors and technical ex- (3) NUCLEAR WEAPONS LABORATORY.—The Treaty. perts regarding the safety, security, and reli- term ‘‘nuclear weapons laboratory’’ means (3) Effective as of September 30, 1996, the ability of the nuclear weapons stockpile. any of the following: United States is prohibited by relevant pro- (b) POLICY.— (A) Los Alamos National Laboratory. visions of the National Defense Authoriza- (1) IN GENERAL.—It is the policy of the (B) Livermore National Laboratory. tion Act for Fiscal Year 1993 (Public Law United States— (C) Sandia National Laboratories.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6989 Mr. KYL. Mr. President, the purpose The PRESIDING OFFICER. The clo- MORNING BUSINESS of this amendment—and this is really a ture motion having been presented Mr. LOTT. Mr. President, I now ask very simple amendment that I think under rule XXII, the Chair directs the unanimous consent that there be a pe- specific language will be worked out on clerk to read the motion. riod for the transaction of morning with members of the committee and The legislative clerk read as follows: business with Senators permitted to hopefully could be included as part of CLOTURE MOTION speak for up to 5 minutes each. the managers’ amendment—is simply We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without to ensure that the President of the ance with the provisions of rule XXII of the objection, it is so ordered. United States receives direct and ob- Standing Rules of the Senate, do hereby jective and unencumbered advice re- move to bring to a close debate on Calendar f garding the safety and reliability and No. 88, S. 936, the National Defense Author- MESSAGES FROM THE PRESIDENT security of the U.S. nuclear force from ization Act for fiscal year 1998: Trent Lott, Strom Thurmond, Jesse Messages from the President of the the directors of the national labora- United States were communicated to tories and the members of the Nuclear Helms, Pete V. Domenici, R.F. Ben- nett, Dan Coats, John Warner, Spencer the Senate by Mr. Williams, one of his Weapons Council. Abraham, Thad Cochran, Larry E. secretaries. Just one bit of background here. Craig, Ted Stevens, Tim Hutchinson, Both the national laboratories and the EXECUTIVE MESSAGES REFERRED Jon Kyl, Rick Santorum, Mike As in executive session the Presiding Nuclear Weapons Council are supposed DeWine, Phil Gramm. to give the President advice about the Officer laid before the Senate messages Mr. LEVIN. Would the majority lead- from the President of the United safety, reliability, and security of our er yield? nuclear force. For them to be able to States submitting treaties and sundry Mr. LOTT. Mr. President, I yield to nominations which were referred to the do that in an objective way, they obvi- the distinguished manager of the bill ously need to tell it as it is, ‘‘tell it appropriate committees. on that side of the aisle. (The nominations received today are like it is,’’ without any fear that they Mr. LEVIN. I want to thank the ma- are not adhering to any party line with printed at the end of the Senate pro- jority leader for yielding. I have had a ceedings.) respect to those issues. brief conversation with the majority f This, in effect, extends the Gold- leader because we are in a rather un- water-Nichols-like protection that has usual situation where there will be no EXECUTIVE AND OTHER previously been provided to members rollcall votes, further rollcall votes, COMMUNICATIONS of the armed services, the Joint Chiefs, until late tomorrow, and that we will for example, to the lab directors and The following communications were be then having a whole series of roll- the members of the Nuclear Weapons laid before the Senate, together with call votes that could occur I believe as Council so they can give the President accompanying papers, reports, and doc- early as 5 o’clock tomorrow afternoon, unvarnished, objective, accurate infor- uments, which were referred as indi- or whatever the UC reads. mation, and that information can also cated: But in my conversation with the ma- come to the Congress, all for the pur- EC–2390. A communication from the Con- jority leader, I was led to believe—and pose of enabling us to set proper na- gressional Review Coordinator, Animal and I think this would be very helpful— tional policy with respect to our nu- Plant Health Inspection Service, Department that if we are making good progress on of Agriculture, transmitting, pursuant to clear weapons. getting rollcall votes late tomorrow law, a rule entitled ‘‘Tuberculosis in Cattle Mr. President, I will have more to and Bison’’, received on June 30, 1997; to the say about this later. As I said, I hope and the next day, that there is a possi- bility at least that there will be no Committee on Agriculture, Nutrition, and the amendment can be worked on and Forestry. included as part of the managers’ need to proceed with the cloture vote EC–2391. A communication from the Sec- amendment. We will discuss this on Thursday. And I want to thank him retary of the Interior, transmitting, pursu- amendment further later. for that. ant to law, the Annual Report for fiscal year Mr. GRASSLEY addressed the Chair. Mr. LOTT. Mr. President, if I could 1996 under the Youth Conservation Corps The PRESIDING OFFICER. The Sen- respond. Act; to the Committee on Energy and Nat- ator from Iowa. Of course you always have the option ural Resources. Mr. GRASSLEY. Mr. President, I ask of vitiating a cloture vote. My only EC–2392. A communication from the Rail- road Retirement Board, transmitting, a draft unanimous consent to speak as in goal is trying to get this very impor- tant legislation moved through to com- of proposed legislation entitled ‘‘Railroad morning business for 9 minutes. Retirement and Railroad Unemployment In- The PRESIDING OFFICER. Is there pletion this week. I know that that is surance Amendments Act of 1997’’; to the objection? Without objection, it is so the desire on both sides of the aisle. I Committee on Labor and Human Resources. ordered. am concerned about the number of EC–2393. A communication from the Direc- Mr. GRASSLEY. I thank the Chair. amendments that have been suggested, tor, Regulations Policy Management Staff, (The remarks of Mr. GRASSLEY per- as many as 150 first-degree amend- Office of Policy Food and Drug Administra- taining to the introduction of S. 996 ments. I know a lot of those will fall tion, Department of Health and Human Serv- and S. 997 are located in today’s very quickly once we start moving ices, transmitting, pursuant to law, a report RECORD under ‘‘Statements on Intro- of a rule entitled ‘‘Medical Devices; Reclassi- through the process and getting to the fication of the Infant Radiant Warmer’’, re- duced Bills and Joint Resolutions.’’) end of the week. But I certainly will Mr. GRASSLEY. Mr. President, I ceived on June 27, 1997; to the Committee on consult with the Democratic leader, Labor and Human Resources. yield the floor. with the Senator from Michigan, and EC–2394. A communication from the Dep- The PRESIDING OFFICER. Who Senator THURMOND, to see how we are uty Director, Regulations Policy Manage- seeks time? doing. And we can take that into con- ment Staff, Office of Policy, Food and Drug Mr. GRASSLEY. I suggest the ab- sideration when we get to Thursday Administration, Department of Health and sence of a quorum. and see what the prospects are at that Human Services, transmitting, pursuant to The PRESIDING OFFICER. The law, a report of a rule entitled ‘‘Indirect clerk will call the roll. time. Food Additives: Adhesives and Components The legislative clerk proceeded to Mr. LEVIN. I thank the majority of Coatings; and Adjuvants, Production Aids, call the roll. leader. and Sanitizers’’, received on June 27, 1997; to Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. This cloture vote will the Committee on Labor and Human Serv- imous consent that the order for the occur sometime Thursday unless it is ices. quorum call be rescinded. vitiated. I will consult with the Demo- EC–2395. A communication from the Chair- The PRESIDING OFFICER. Without cratic leader for the exact time of the man of the Federal Housing Finance Board, transmitting, pursuant to law, a report of objection, it is so ordered. vote. I do ask unanimous consent that the the Federal Home Loan Banks and the Fi- f nancing Corporation for calendar year 1996 mandatory quorum under rule XXII be CLOTURE MOTION under the Chief Financial Officers Act; to waived. the Committee on Governmental Affairs. Mr. LOTT. Mr. President, I send a The PRESIDING OFFICER. Without EC–2396. A communication from the Direc- cloture motion to the desk. objection, it is so ordered. tor Morale, Welfare and Recreation Support

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6990 CONGRESSIONAL RECORD — SENATE July 8, 1997 Activity, Department of the Navy, Depart- EC–2409. A communication from the Con- baseball worldwide and should be entitled to ment of Defense, transmitting, pursuant to gressional Affairs Officer of the Federal all of the benefits and privileges available to law, the annual reports for calendar years Election Commission, transmitting, pursu- nongovernmental international organiza- 1995 and 1996 of the Retirement Plan for Ci- ant to law, a report relative to the National tions; to the Committee on Foreign Rela- vilian Employees; to the Committee on Gov- Voter Registration Act for the calendar tions. ernmental Affairs. years 1995 and 1996; to the Committee on f EC–2397. A communication from the Dis- Rules and Administration. trict of Columbia Auditor, transmitting, pur- STATEMENTS ON INTRODUCED f suant to law, a report entitled ‘‘Washington BILLS AND JOINT RESOLUTIONS Convention Center Authority Accounts and INTRODUCTION OF BILLS AND By Mr. MURKOWSKI (by re- Operation for Fiscal Years 1995 and 1996’’; to JOINT RESOLUTIONS the Committee on Governmental Affairs. quest): EC–2398. A communication from the Direc- The following bills and joint resolu- S. 991. A bill to make technical cor- tor, Regulations Policy Management Staff, tions were introduced, read the first rections to the Omnibus Parks and Office of Policy Food and Drug Administra- and second time by unanimous con- Public Lands Management Act of 1996, tion, Department of Health and Human Serv- sent, and referred as indicated: and for other purposes; to the Com- ices, transmitting, pursuant to law, a report By Mr. MURKOWSKI (by request): mittee on Energy and Natural Re- of a rule entitled ‘‘Indirect Food Additives: sources. Adjuvants, Production Aids, and Sanitizers’’, S. 991. A bill to make technical corrections received on July 7, 1997; to the Committee on to the Omnibus Parks and Public Lands THE OMNIBUS PARKS AND PUBLIC LANDS Labor and Human Resources. Management Act of 1996, and for other pur- MANAGEMENT ACT OF 1996 EC–2399. A communication from the Direc- poses; to the Committee on Energy and Nat- Mr. MURKOWSKI. Mr. President, I tor, Regulations Policy Management Staff, ural Resources. rise today to introduce legislation, at Office of Policy Food and Drug Administra- By Mr. CAMPBELL: the request of the administration, to tion, Department of Health and Human Serv- S. 992. A bill to amend chapter 44 of title make technical corrections to the Om- 18, United States Code, to increase the max- ices, transmitting, pursuant to law, a report nibus Parks and Public Lands Manage- of a rule entitled ‘‘Postmarketing Expedited imum term of imprisonment for offenses in- volving stolen firearms; to the Committee on ment Act of 1996. Adverse Experience Reporting for Human Mr. President, I would like to submit Drug and Licensed Biological Products; In- the Judiciary. creased Frequency Reports’’, received on By Mr. KENNEDY (for himself and Mr. a copy of the administration’s letter of July 7, 1997; to the Committee on Labor and DODD) (by request): transmittal along with a copy of the Human Resources. S. 993. A bill to assist States and secondary bill and section-by-section analysis, EC–2400. A communication from the Direc- and postsecondary schools to develop, imple- and I ask unanimous consent that they tor, Regulations Policy Management Staff, ment, and improve career preparation edu- be printed in the RECORD. Office of Policy Food and Drug Administra- cation so that every student has an oppor- At the end of the 104th Congress, leg- tion, Department of Health and Human Serv- tunity to acquire academic and technical islation was enacted making a number ices, transmitting, pursuant to law, a report knowledge and skills needed for postsec- of changes to various laws affecting the of a rule entitled ‘‘Indirect Food Additives: ondary education, further learning, and a national parks and other public lands. Polymers; Technical Amendment’’, received wide range of opportunities in high-skill, on July 7, 1997; to the Committee on Labor high-wage careers, and for other purposes; to This new law, Public Law 104–333, the and Human Resources. the Committee on Labor and Human Re- Omnibus Parks and Public Lands Man- EC–2401. A communication from the Direc- sources. agement Act of 1996, included over 100 tor, Regulations Policy Management Staff, S. 994. A bill to provide assistance to titles. With over 119 individual bills Office of Policy Food and Drug Administra- States and local communities to improve being included in this package, a num- tion, Department of Health and Human Serv- adult education and literacy, to help achieve ber of cross-references need changing, ices, transmitting, pursuant to law, a report the National Educational Goals for all citi- along with some spelling and grammat- of a rule relative to expanded safe use of zens, and for other purposes; to the Com- ical errors. triisopropanolamine, received on July 7, 1997; mittee on Labor and Human Resources. Mr. President, this bill, when enacted to the Committee on Labor and Human Re- By Mr. LAUTENBERG (for himself, sources. will make the necessary technical cor- Mr. GRAHAM, Mr. KENNEDY, Mrs. rections. EC–2402. A communication from the Sec- BOXER, Mr. MOYNIHAN, Mr. There being no objection, the mate- retary of Health and Human Services, trans- TORRICELLI, and Mrs. MURRAY): mitting, pursuant to law, a report relative to S. 995. A bill to amend title 18, United rial was ordered to be printed in the violations of the Antideficiency Act; to the States Code, to prohibit certain interstate RECORD, as follows: Committee on Appropriations. conduct relating to exotic animals; to the S. 991 EC–2403. A communication from the Archi- Committee on the Judiciary. Be it enacted by the Senate and House of Rep- tect of the Capitol, transmitting, pursuant By Mr. GRASSLEY (for himself and resentatives of the United States of America in to law, a report of expenditures during the Mr. SPECTER): Congress assembled, period October 1, 1996 through March 30, 1997; S. 996. A bill to provide for the authoriza- SECTION 1. SHORT TITLE AND TABLE OF CON- to the Committee on Appropriations. tion of appropriations in each fiscal year for TENTS. EC–2404. A communication from Chief, arbitration in United States district courts; The table of contents in section 1 of divi- Regulations Unit, Internal Revenue Service, to the Committee on the Judiciary. sion I of the Omnibus Parks and Public Department of the Treasury, transmitting, By Mr. GRASSLEY: Lands Management Act of 1996 (110 Stat. pursuant to law, a report relative to Revenue S. 997. A bill to amend chapter 44 of title 4094; 16 U.S.C. 1 note; hereinafter referred to Ruling 97–29; to the Committee on Finance. as the ‘‘Omnibus Parks Act’’) is amended by EC–2405. A communication from the Chief, 28, United States Code, to authorize the use striking— Regulations Unit, Internal Revenue Service, of certain arbitration procedures in all dis- Department of the Treasury, transmitting, trict courts, to modify the damage limita- ‘‘Sec. 504. Amendment to Boston National pursuant to law, a report of a rule relative to tion applicable to cases referred to arbitra- Historic Park Act. ‘‘Sec. 505. Women’s Rights National Historic guidance for income tax benefits (RIN 1545– tion, and for other purposes; to the Com- Park.’’ AV33), received on June 30, 1997; to the Com- mittee on the Judiciary. mittee on Finance. f and inserting— EC–2406. A communication from the Chief, ‘‘Sec. 504. Amendment to Boston National Regulations Unit, Internal Revenue Service, SUBMISSION OF CONCURRENT AND Historical Park Act. Department of the Treasury, transmitting, SENATE RESOLUTIONS ‘‘Sec. 505. Women’s Rights National Histor- pursuant to law, a report relative to An- The following concurrent resolutions ical Park.’’. nouncement 97–70; to the Committee on Fi- and Senate resolutions were read, and SEC. 2. THE PRESIDIO OF SAN FRANCISCO. nance. referred (or acted upon), as indicated: (a) Section 101(2) of Division I of the Omni- EC–2407. A communication from the Sec- bus Parks Act of 1996 (110 Stat. 4097; 16 U.S.C. retary of Health and Human Services, trans- By Mr. BREAUX: 460bb note) is amended by striking ‘‘the Pre- mitting, pursuant to law, a report of a notice S. Con. Res. 36. A concurrent resolution sidio is’’ and inserting ‘‘the Presidio was’’. relative to Home Health Agency costs; to the commemorating the bicentennial of Tuni- (b) Section 103(b)(1) of Division I of the Committee on Finance. sian-American relations; to the Committee Omnibus Parks Act (110 Stat. 4099; 16 U.S.C. EC–2408. A communication from the Sec- on Foreign Relations. 460bb note) is amended in the last sentence retary of Health and Human Services, trans- By Mr. COVERDELL: by striking ‘‘other lands administrated by mitting, pursuant to law, a report relative to S. Con. Res. 37. A concurrent resolution ex- the Secretary.’’ and inserting ‘‘other lands staff-assisted home dialysis under the Omni- pressing the sense of the Congress that Lit- administered by the Secretary.’’. bus Budget Reconciliation Act; to the Com- tle League Baseball Incorporated was estab- (c) Section 105(a)(2) of Division I of the mittee on Finance. lished to support and develop Little League Omnibus Parks Act (110 Stat. 4104; 16 U.S.C.

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460bb note) is amended by striking ‘‘in ac- (b) Section 511 of Division I of the Omnibus (1) in paragraph (7) by striking ‘‘(B) COM- cordance with section 104(h) of this title.’’ Parks Act (110 Stat. 4159; 16 U.S.C. 410ddd) is PETITIVE LEASING.—’’ and inserting ‘‘(B) COM- and inserting ‘‘in accordance with section amended— PETITIVE LEASING.—’’; 104(i) of this title.’’. (1) by striking ‘‘(e) GENERAL MANAGEMENT (2) in paragraph (9) by striking ‘‘granted by SEC. 3. COLONIAL NATIONAL HISTORICAL PARK. PLAN.’’ and inserting ‘‘(f) GENERAL MANAGE- statue’’ and inserting ‘‘granted by statute’’; Section 211(d) of Division I of the Omnibus MENT PLAN.’’; and (3) in paragraph (11)(B)(ii) by striking Parks Act (110 Stat. 4109; 16 U.S.C. 81p) is (2) by striking ‘‘(f) AUTHORIZATION OF AP- ‘‘more cost effective’’ and inserting ‘‘more amended by striking ‘‘depicted on the map PROPRIATIONS.’’ and inserting ‘‘(g) AUTHOR- cost-effective’’; dated August 1993, numbered 333/80031A,’’ and IZATION OF APPROPRIATIONS.’’. (4) in paragraph (13) by striking ‘‘estab- inserting ‘‘depicted on the map dated August (c) Section 511(g) of Division I of the Omni- lished by the agency under paragraph (13),’’ 1996, numbered 333/80031B,’’. bus Parks Act (110 Stat. 4159; 16 U.S.C. and inserting ‘‘established by the agency 410ddd) is further amended— SEC. 4. BIG THICKET NATIONAL PRESERVE. under paragraph (12),’’; and (1) by striking ‘‘to carry out the activities (5) in paragraph (18) by striking ‘‘under (a) Section 306(d) of Division I of the Omni- under section 3(D).’’ and inserting ‘‘to carry paragraph (7)(A)(i)(I), any lease under para- bus Parks Act (110 Stat. 4132; 16 U.S.C. 689 out the activities under subsection (d).’’; and graph (11)(B), and any lease of seasonal quar- note) is amended by striking ‘‘until the ear- (2) by striking ‘‘pursuant to cooperative ters under subsection (l),’’ and inserting lier of the consummation of the exchange of grants under subsection (d)(2).’’ and insert- ‘‘under paragraph (7)(A), and any lease under July 1, 1998,’’ and inserting ‘‘until the earlier ing ‘‘pursuant to cooperative grants under paragraph (11),’’. of the consummation of the exchange or July subsection (e)(2).’’. (b) Section 7(c)(2) of the Land and Water 1, 1998,’’. SEC. 12. NICODEMUS NATIONAL HISTORIC SITE. (b) Section 306(f)(2) of Division I of the Om- Conservation Fund Act of 1965 (16 U.S.C. Section 512(a)(1)(B) of Division I of the Om- 4601–9(c)) is amended as follows: nibus Parks Act (110 Stat. 4132; 16 U.S.C. 689 nibus Parks Act (110 Stat. 4163; 16 U.S.C. 461 (1) in subparagraph (C) by striking ‘‘The note) is amended by striking ‘‘located in note) is amended by striking ‘‘Afican-Ameri- sum of the total appraised value of the lands, Menard Creek Corridor’’ and inserting ‘‘lo- cans’’ and inserting ‘‘African-Americans’’. water, and interest therein’’ and inserting cated in the Menard Creek Corridor’’. SEC. 13. UNALASKA. ‘‘The sum of the total appraised value of the SEC. 5. LAMPREY WILD AND SCENIC RIVER. Section 513(c) of Division I of the Omnibus lands, waters, and interests therein’’; and The second sentence of the unnumbered Parks Act (110 Stat. 4165; 16 U.S.C. 461 note) (2) in subparagraph (F) by striking ‘‘all paragraph relating to the Lamprey River, is amended by striking ‘‘whall be comprised’’ property owners whose lands, water, or in- New Hampshire in Section 3(a) of the Wild and inserting ‘‘shall be comprised’’. terests therein, or a portion of whose lands, and Scenic Rivers Act (16 U.S.C. 1274(a)) is water, or interests therein,’’ and inserting amended by striking ‘‘through cooperation SEC. 14. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY. ‘‘all property owners whose lands, waters, or agreements’’ and inserting ‘‘through cooper- Section 603(d)(2) of Division I of the Omni- interests therein, or a portion of whose ative agreements’’. bus Parks Act (110 Stat. 4172; 16 U.S.C. 1a–5 lands, waters, or interests therein,’’. SEC. 6. VANCOUVER NATIONAL HISTORIC RE- note) is amended by striking ‘‘The study (c) Section 814(d)(2)(E) of Division I of the SERVE. under subsection (b) shall—’’ and inserting Omnibus Parks Act (110 Stat. 4196; 16 U.S.C. Section 502(a) of Division I of the Omnibus ‘‘The study shall—’’. 431 note) is amended by striking ‘‘(Public Parks Act (110 Stat. 4154; 16 U.S.C. 461 note) SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS. Law 89–665; 16 U.S.C. 470w–6(a)), is amended is amended by striking ‘‘published by the (a) Section 606(d) of Division I of the Omni- by striking’’ and inserting ‘‘(Public Law 89– Vancouver Historical Assessment’ published bus Parks Act (110 Stat. 4175; 16 U.S.C. 461 665; 16 U.S.C. 470w–6(a)), by striking’’. by the Vancouver Historical Study Commis- note) is amended as follows: (d) Section 814(g)(1)(A) of Division I of the sion’’ and inserting ‘‘published by the Van- (1) in paragraph (1) by striking ‘‘estab- Omnibus Parks Act (110 Stat. 4199; 16 U.S.C. couver Historical Study Commission’’. lished by section 5.’’ and inserting ‘‘estab- 1f) is amended by striking ‘‘(as defined in SEC. 7. AMENDMENT TO BOSTON NATIONAL HIS- lished by subsection (e).’’; section 2(a) of the Act of August 8, 1953 (16 TORICAL PARK ACT. (2) in paragraph (2) by striking ‘‘estab- U.S.C. 1c(a))),’’ and inserting ‘‘(as defined in Section 504 of Division I of the Omnibus lished by section 9.’’ and inserting ‘‘estab- section 2(a) of the Act of August 8, 1953 (16 Parks Act (110 Stat. 4155, 16 U.S.C. 1 note) is lished by subsection (h).’’; and U.S.C. 1(c)(a)),’’. amended by striking ‘‘SEC. 504. AMEND- (3) in paragraph (e) by striking ‘‘under sec- SEC. 20. BLACKSTONE RIVER VALLEY NATIONAL MENT TO BOSTON NATIONAL HISTORIC tion 6.’’ and inserting ‘‘under subsection HERITAGE CORRIDOR. PARK ACT.’’ and inserting ‘‘SEC. 504. (f).’’. Section 10 of the Act entitled ‘‘An Act to AMENDMENT TO BOSTON NATIONAL HIS- (b) Section 606(g)(5) of Division I of the establish the Blackstone River Valley Na- TORICAL PARK ACT.’’. Omnibus Parks Act (110 Stat. 4177; 16 U.S.C. tional Heritage Corridor in Massachusetts SEC. 8. MEMORIAL TO MARTIN LUTHER KING, JR. 461 note) is amended by striking ‘‘to carry and Rhode Island’’, approved November 10, Section 508(d) of Division I of the Omnibus out the Commission’s duties under section 1986 (Public Law 99–647; 16 U.S.C. 461 note), is Parks Act (110 Stat. 4157, 40 U.S.C. 1003 note) 9.’’ and inserting ‘‘to carry out the Commis- amended as follows: is amended by striking ‘‘section 8(b) of the sion’s duties under subsection (i).’’. (1) in subsection (b) by striking ‘‘For fiscal Act referred to in section 4401(b)),’’ and in- SEC. 16. WASHITA BATTLEFIELD. years 1996, 1997 and 1998,’’ and inserting ‘‘For serting ‘‘section 8(b) of the Act referred to in Section 607(d)(2) of Division I of the Omni- fiscal years 1998, 1999, and 2000,’’; and section 508(b),’’. bus Parks Act (110 Stat. 4181; 16 U.S.C. 461 (2) in subsection (d)(2) by striking ‘‘may be SEC. 9. ADVISORY COUNCIL ON HISTORIC PRES- note) is amended by striking ‘‘will work with made in the approval plan’’ and inserting ERVATION REAUTHORIZATION. local land owners’’ and inserting ‘‘will work ‘‘may be made in the approved plan’’. The first sentence of Sec. 205(g) of Title II with local landowners’’. SEC. 21. TALLGRASS PRAIRIE NATIONAL PRE- of the National Historic Preservation Act (16 SEC. 17. SKI AREA PERMIT RENTAL CHARGE. SERVE. U.S.C. 470 et seq.) is amended by striking Section 701 of Division I of the Omnibus (a) Section 1002(a)(4)(A) of Division I of the ‘‘and are otherwise available for the pur- Parks Act (110 Stat. 4182; 16 U.S.C. 497c) is Omnibus Parks Act (110 Stat. 4204; 16 U.S.S. pose.’’ and inserting ‘‘and are otherwise amended as follows: 689u) is amended by striking ‘‘to purchase a available for that purpose.’’. (1) in subsection (d)(1) and in subsection (d) portion of the ranch,’’ and inserting ‘‘to ac- SEC. 10. GREAT FALLS HISTORIC DISTRICT, NEW last paragraph, after ‘‘1994–1995 base year,’’ quire a portion of the ranch,’’. JERSEY. insert ‘‘AGR’’; (b) Section 1004(b) of Division I of the Om- Section 510(a)(1) of Division I of the Omni- (2) in subsection (f) by striking ‘‘subles- nibus Parks Act (110 Stat. 4205; 16 U.S.C. bus Parks Act (110 Stat. 4158; 16 U.S.C. 461 sees’’ and inserting ‘‘subpermittees’’; and 689u-3) is amended by striking ‘‘of June 3, note) is amended by striking ‘‘the contribu- (3) in subsection (f) by striking ‘‘(except for 1994,’’ and inserting ‘‘on June 3, 1994,’’. tion of our national heritage’’ and inserting bartered goods and complimentary lift tick- (c) Section 1005(g)(3)(A) of Division I of the ‘‘the contribution to our national heritage’’. ets)’’ and inserting ‘‘except for bartered Omnibus Parks (110 Stat. 4207; 16 U.S.C. 689u- SEC. 11. NEW BEDFORD NATIONAL HISTORIC goods and complimentary lift tickets offered 3) is amended by striking ‘‘Maintaining and LANDMARK DISTRICT. for commercial or other promotion pur- enhancing the tall grass prairie’’ and insert- (a) Section 511(c) of Division I of the Omni- poses)’’. ing ‘‘Maintaining and enhancing the bus Parks Act (110 Stat. 4160; 16 U.S.C. SEC. 18. ROBERT J. LAGOMARSINO VISITOR CEN- tallgrass prairie’’. 410ddd) is amended as follows: TER. SEC. 22. RECREATION LAKES. (1) in paragraph (1) by striking ‘‘certain Section 809(b) of Division I of the Omnibus (a) Section 1021(a) of Division I of the Om- districts structures, and relics’’ and insert- Parks Act (110 Stat. 4189; 16 U.S.C. 410ff note) nibus Parks (110 Stat. 4210; 16 U.S.C. 4601-10e ing ‘‘certain districts, structures, and rel- is amended by striking ‘‘referred to in sec- note) is amended by striking ‘‘for rec- ics.’’ tion 301’’ and inserting ‘‘referred to in sub- reational opportunities at federally-managed (2) in clause (2)(A)(i) by striking ‘‘The area section (a)’’. manmade lakes’’ and inserting ‘‘for rec- included with the New Bedford National His- SEC. 19. NATIONAL PARK SERVICE ADMINISTRA- reational opportunities at federally managed toric Landmark District, known as the’’ and TIVE REFORM. manmade lakes’’. inserting ‘‘The area included within the New (a) Section 814(a) of Division I of the Omni- (b) Section 13 of the Land and Water Con- Bedford Historic District, a National Land- bus Parks Act (110 Stat. 4190; 16 U.S.C. 17o. servation Fund Act of 1965 (Public Law 88– mark District, also known as the’’. note) is amended as follows: 578, 78 Stat. 897) is amended as follows:

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6992 CONGRESSIONAL RECORD — SENATE July 8, 1997 (1) in subsection (b)(6) by striking ‘‘the ec- note) is amended by striking ‘‘as provide for of a similar phrase parallel in the two places onomics and financing of recreation related by law or regulation.’’ and inserting ‘‘as pro- it is used. Section 19(c) eliminates two un- infrastructure.’’ and inserting ‘‘the econom- vided for by law or regulation.’’. necessary words, making this subparagraph ics and financing of recreation-related infra- SEC. 28. AUGUSTA CANAL NATIONAL HERITAGE parallel to the others. Section 19(d) corrects structure.’’; AREA. the punctuation for a U.S. Code citation. (2) in subsection (e) by striking ‘‘The re- Section 301(1) of Division II of the Omnibus Section 20(1) revises the years for which de- port shall review the extent of water related Parks Act (110 Stat. 4249; 16 U.S.C. 461 note) velopment funds are authorized to be appro- recreation’’ and inserting ‘‘The report shall is amended by striking ‘‘National Historic priated to the Blackstone River Valley Na- review the extent of water-related recre- Register of Historic Places,’’ and inserting tional Heritage Corridor. Since the Omnibus ation’’; and ‘‘National Register of Historic Places,’’. Parks Act was not enacted until November (3) in subsection (e)(2) by striking ‘‘at fed- SEC. 29. ESSEX NATIONAL HERITAGE AREA. of 1996 after appropriations has already been erally-managed lakes’’ and inserting ‘‘at fed- Section 501(8) of Division II of the Omnibus enacted for fiscal year 1997, the Act’s lan- erally managed lakes’’. Parks Act (110 Stat. 4257; 16 U.S.C. 461 note) guage eliminated two of the three years for SEC. 23. BOSTON HARBOR ISLANDS RECREATION is amended by striking ‘‘a visitors’ center’’ which funds would have been authorized. The AREA. and inserting ‘‘a visitor center’’. new language reinstates the intended three- (a) Section 1029(d)(6) of Division I of the year authorization. Section 20(2) corrects a Omnibus Parks Act of 1996 (110 Stat. 4235; 16 SEC. 30. OHIO & ERIE CANAL NATIONAL HERIT- AGE CORRIDOR. misspelling. U.S.C. 460kkk) is amended by striking ‘‘(6) (a) Section 805(b)(2) of Division II of the Section 21(a) would change the word in the RELATIONSHIP OF RECREATION AREA TO BOS- Omnibus Parks Act (110 Stat. 4269; 16 U.S.C. bill’s findings describing the secretary’s au- TON-LOGAN INTERNATIONAL AIRPORT.’’ and by 461 note) is amended by striking ‘‘One indi- thority to obtain land at Tallgrass Prairie inserting ‘‘(6) RELATIONSHIP OF RECREATION viduals,’’ and inserting ‘‘One individual,’’. NP to make it consistent with the actual au- AREA TO BOSTON-LOGAN INTERNATIONAL AIR- (b) Section 808(a)(3)(A) of Division II of the thority in Section 1006 that allows acquisi- PORT.’’. tion of land only by donation, not purchase. (b) Section 1029(e)(3)(B) of Division I of the Omnibus Parks Act (110 Stat. 4272; 16 U.S.C. 461 note) is amended by striking ‘‘from the Section 21(b) changes a preposition in the Omnibus Parks Act of 1996 (110 Stat. 4235; 16 sentence. Section 21(c) corrects the spelling U.S.C. 460kkk) is amended by striking ‘‘pur- Committee.’’ and inserting ‘‘from the Com- mittee,’’. of a word, making it parallel throughout the suant to subsections (b)(3), (4), (5), (6), (7), (8), section. (9), and (10).’’ and inserting ‘‘pursuant to sub- SEC. 31. HUDSON RIVER VALLEY NATIONAL HER- ITAGE AREA. Section 22 inserts hyphens in two compound paragraphs (e)(2)(C), (D), (E), (F), (G), (H), (I), adjectives and removes hyphens in two com- and (J).’’. Section 908(a)(1)(B) of Division II of the Omnibus Parks act (110 Stat. 4279; 16 U.S.C. pound adjectives where its use is incorrect. (c) Section 1029(f)(2)(A)(I) of Division I of Section 23(a) capitalizes the name of the 461 note) is amended by striking ‘‘directly on the Omnibus Parks Act (110 Stat. 4236; 16 airport in the title to the paragraph. Section nonfederally owned property’’ and inserting U.S.C. 460kkk) is amended by striking ‘‘and 23(b) corrects a cross-reference. Section 23(c) ‘‘directly on non-federally owned property’’. a delineation of profit sector roles and re- corrects a word in the compound adjective sponsibilities.’’ and inserting ‘‘and a delinea- SECTION-BY-SECTION ANALYSIS and inserts a hyphen. Section 23(d) inserts a tion of private-sector roles and responsibil- Section 1 corrects the names of two histor- hyphen in a compound adjective. ities.’’. ical parks in the Table of Contents. Section 24 uses a singular name for the vis- (d) Section 1029(g)(1) of Division I of the Section 2(a) corrects the historical fact that itor center making it parallel with similar Omnibus Parks Act (110 Stat. 4238; 16 U.S.C. the U.S. Army had already stopped using the references in the bill. 460kkk) is amended by striking ‘‘and revenue Presidio as a military base at the time this Section 25 changes a word in the title from raising activities.’’ and inserting ‘‘and rev- Act was introduced in the 104th Congress. the plural to the correct singular spelling. enue-raising activities.’’. The current language was taken from a pre- Section 26(a) changes an incorrect adjec- SEC. 24. NATCHEZ NATIONAL HISTORICAL PARK. vious bill that was drafted prior to the Army tive. Section 26(b) eliminates a redundant Section 3(b)(1) of the Act of October 8, 1988, leaving the Presidio. Section 2(b) corrects a cross-reference that was left from a previous entitled ‘‘An Act to create a national park at misspelling. Section 2(c) corrects an erro- version of the bill that permitted land acqui- Natchez, Mississippi’’ (16 U.S.C. 410oo et neous cross-reference. sition. Section 26(c) inserts a word to allow seq.), is amended by striking ‘‘and visitors’ Section 3 provides a new map reference for the sentence to read correctly. center for Natchez National Historical Colonial National Historical Park. The cor- Section 27(a) eliminates redundant lan- Park.’’ and inserting ‘‘and visitor center for rect map includes all of Lot 49 that was part guage in the sentence. Section 27(b) corrects Natchez National Historical Park.’’. of the Page Landing Addition authorized to the verb tense. SEC. 25. REGULATION OF FISHING IN CERTAIN be made to the park, but only half of which Section 28 inserts the correct name of the WATERS OF ALASKA. was included on the map referenced in the National Register of Historic Places. Section 1035 of Division I of the Omnibus Omnibus Parks Act. Section 29 uses a singular name for the vis- Parks Act (110 Stat. 4240; 16 U.S.C. 1 note) is Section 4(a) corrects the bill language to re- itor center making it parallel with similar amended by striking ‘‘SEC. 1035. REGULA- flect the intent of Congress that the report is references in the bill. TIONS OF FISHING IN CERTAIN WATERS due until the land exchange at Big Thicket Section 30(a) makes the noun singular to OF ALASKA.’’ and inserting ‘‘SEC. 1035. REG- National Preserve is completed or by July 1, agree with its pronoun. Section 30(b) re- ULATION OF FISHING IN CERTAIN 1998, whichever comes first. Section 4(b) in- places a period in the middle of sentence WATERS OF ALASKA.’’. serts a word to allow the sentence to read with a comma. SEC. 26. NATIONAL COAL HERITAGE AREA. correctly. Section 31 inserts a hyphen in a word mak- (a) Section 104(4) of Division II of the Om- Section 5 provides the correct name for co- ing it parallel to its use in the title of the nibus Parks Act (110 Stat. 4244; 16 U.S.C. 461 operative agreements. section and in other places in the bill. note) is amended by striking ‘‘that will fur- Section 6 eliminates duplicative language ther history preservation in the region.’’ and in the sentence. U.S. DEPARTMENT OF THE INTERIOR, inserting ‘‘that will further historic preser- Section 7 corrects the name of the park in OFFICE OF THE SECRETARY, vation in the region.’’. the title to the section. Washington, DC, June 3, 1997. (b) Section 105 of Division II of the Omni- Section 8 corrects a cross-reference. Hon. ALBERT GORE, Jr., bus Parks Act (110 Stat. 4244; 16 U.S.C. 461 Section 9 changes ‘‘the purpose’’ to ‘‘that President of the Senate, note) is amended by striking ‘‘The resources purpose’’ which references related language Washington, DC. eligible for the assistance under paragraphs in the sentence. DEAR MR. PRESIDENT: Enclosed is a draft of (2) and (5) of section 104’’ and inserting ‘‘The Section 10 changes a preposition in the sen- a bill ‘‘to make technical corrections to the resources eligible for the assistance under tence. Omnibus Parks and Public Lands Manage- paragraph (2) of section 104’’. Section 11(a) inserts a comma between two ment Act of 1996, and for other purposes.’’ (c) Section 106(a)(3) of Division II of the distinct items in the sentence. Section 11(b) We recommend that the bill be introduced, Omnibus Parks Act (110 Stat. 4244; 16 U.S.C. corrects a duplicative subsection reference referred to the appropriate committee for 461 note) is amended by striking ‘‘or Sec- by relettering two subsections. Section 11(c) consideration, and enacted. retary to administer any properties’’ and in- corrects two erroneous cross-references. At the end of the 104th Congress, legisla- serting ‘‘or the Secretary to administer any Section 12 corrects a misspelling. tion was enacted making a number of properties’’. Section 13 corrects a misspelling. changes to various laws affecting the na- SEC. 27. TENNESSEE CIVIL WAR HERITAGE AREA. Section 14 eliminates a redundant sub- tional parks and other pubic lands. This new (a) Section 201(b)(4) of Division II of the section reference. law, P.L. 104–333, the Omnibus Parks and Omnibus Parks Act (110 Stat. 4245; 16 U.S.C. Section 15 corrects four cross-references. Public Lands Management Act of 1996, in- 461 note) is amended by striking ‘‘and associ- Section 16 corrects a spelling error. cluded over 100 titles. With many individual ated sites associated with the Civil War’’ and Section 17 clarifies a time period, changes bills being included in this package, a num- insert ‘‘and sites associated with the Civil an incorrect word, and clarifies a term. ber of cross-references need changing, along War’’. Section 18 corrects a cross-reference. with some spelling and grammatical errors. (b) Section 207(a) of Division II of the Om- Section 19(a) corrects the spelling of the The attached draft bill would make these nibus Parks Act (110 Stat. 4248; 16 U.S.C. 461 paragraph title. Section 19(b) makes the use corrections.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6993 The Office of Management and Budget has 924(a)(2) of title 18, is a fine, a max- skill, high-wage careers, and for other advised that there is no objection to the en- imum term of imprisonment of 10 purposes; to the Committee on Labor actment of the enclosed draft legislation years, or both. My bill increases the and Human Resources. from the standpoint of the Administration’s THE CAREER EDUCATION REFORM ACT OF 1997 program. maximum prison sentence to 15 years. Sincerely, The third provision, set forth in sec- S. 994. A bill to provide assistance to JANE LYDER, tion 922(u) of title 18, makes it illegal States and local communities to im- Legislative Counsel, Office of to steal a firearm from a licensed deal- prove adult education and literacy, to Congressional and Legislative Affairs. er, importer, or manufacturer. For vio- help achieve the national educational Enclosures. lating this provision, the maximum goals for all citizens, and for other pur- term of imprisonment set forth in 18 poses; to the Committee on Labor and By Mr. CAMPBELL: S. 992. A bill to amend chapter 44 of U.S.C. 924(i)(1) would be increased to a Human Resources. title 18, United States Code, to increase maximum 15 years under my bill. THE ADULT BASIC EDUCATION AND LITERACY FOR THE TWENTY-FIRST CENTURY ACT the maximum term of imprisonment And the fourth provision, section Mr. KENNEDY. Mr. President, today, for offenses involving stolen firearms; 924(l) of title 18, makes it illegal to I am introducing two important edu- to the Committee on the Judiciary. steal a firearm from any person, in- cluding a licensed firearms collector. cation bills on behalf of Secretary THE STOLEN GUN PENALTY ENHANCEMENT ACT Riley and the administration. One is OF 1997 This provision also imposes a max- Mr. CAMPBELL. Mr. President, imum penalty of 10 years imprison- designed to meet the changing needs of many crimes in our country are being ment. As with the other three provi- students in vocational education pro- committed with stolen guns. The ex- sions, my bill increases this maximum grams. The other outlines a com- tent of this problem is reflected in a penalty to 15 years. prehensive strategy for enhancing number of recent studies and news re- In addition to these amendments to adult education and literacy services. ports. Therefore, today I am intro- title 18 of the United States Code, the Creating effective educational opportu- ducing the Stolen Gun Penalty En- bill I introduce today directs the nities for these two student popu- hancement Act of 1997 to increase the United States Sentencing Commission lations is essential if we are to make maximum prison sentences for vio- to revise the Federal sentencing guide- the American dream a reality for all lating existing stolen gun laws. lines with respect to these firearms of- our citizens. Reports indicate almost half a mil- fenses. The Career Preparation Education lion guns are stolen each year. As of Mr. President, I am a strong sup- Reform Act restructures Perkins Act March 1995, there were over 2 million porter of the rights of law-abiding gun programs to promote student achieve- reports in the stolen gun file of the owners. However, I firmly believe we ment in academic and technical skills. FBI’s National Crime Information Cen- need tough penalties for the illegal use Only with both a strong academic ter including 7,700 reports of stolen ma- of firearms. background and training in an employ- chine guns and submachine guns. In a 5 The ‘‘Stolen Gun Penalty Enhance- able skill will students be fully pre- year period between 1987 and 1992, the ment Act of 1997’’ will send a strong pared to compete in the 21st-century National Crime Victimization Survey signal to criminals who are even think- job market. Recognizing this core prin- notes that there were over 300,000 inci- ing about stealing a firearm. And, I ciple, the legislation supports broad- dents of guns stolen from private citi- urge my colleagues to join in support based career preparation education zens. of this legislation. which meets high academic standards Studies conducted by the Bureau of Mr. President, I ask unanimous con- and links vocational education with Alcohol, Tobacco and Firearms note sent that a copy of the bill be printed wider educational reform efforts. It en- that felons steal firearms to avoid in the RECORD. courages learning in both classroom background checks. A 1991 Bureau of There being no objection, the mate- and workplace settings. This proposal Justice Statistics survey of State pris- rial was ordered to be printed in the also contains strong accountability on inmates notes that almost 10 per- RECORD, as follows: provisions to ensure that local pro- cent had stolen a handgun, and over 10 S. 992 grams are actually achieving these percent of all inmates had traded or Be it enacted by the Senate and House of Rep- goals. sold a stolen firearm. resentatives of the United States of America in The Adult Basic Education and Lit- This problem is especially alarming Congress assembled, eracy for the Twenty-First Century among young people. A Justice Depart- SECTION 1. STOLEN FIREARMS. Act recognizes that adult education is ment study of juvenile inmates in four (a) IN GENERAL.—Section 924 of title 18, an integral component of our work States shows that over 50 percent of United States Code, is amended— force development system. Nearly 27 those inmates had stolen a gun. (1) in subsection (a)— percent of the adult population has not In my home State of Colorado, the (A) in paragraph (2), by striking ‘‘(i), (j),’’; earned a high school diploma or its and equivalent. Their chances for career Colorado Bureau of Investigation re- (B) by adding at the end the following: ceives over 500 reports of stolen guns ‘‘(7) Whoever knowingly violates sub- success are increasingly limited. Adult each month. As of this month, the Bu- section (i) or (j) of section 922 shall be fined education programs open doors for reau has a total of 34,825 firearms on as provided in this title, imprisoned not those who successfully participate in its unrecovered firearms list. more than 15 years, or both.’’; them. They help participants to ad- All of these studies and statistics (2) in subsection (i)(1), by striking ‘‘10 vance in the working world and to fully show the extent of the problem of sto- years’’ and inserting ‘‘15 years’’; and participate in every aspect of commu- len guns. Therefore, the bill I am intro- (3) in subsection (l), by striking ‘‘10 years’’ nity life. This legislation streamlines and inserting ‘‘15 years’’. ducing today will increase the max- existing adult education and literacy (b) SENTENCING COMMISSION.—The United imum prison sentences for violating States Sentencing Commission shall amend programs to maximize both access to existing stolen gun laws. the Federal sentencing guidelines to reflect educational opportunities and to en- Specifically, my bill increases the the amendments made by subsection (a). hance the quality of services. It seeks maximum penalty for violating four to target resources on those areas provisions of the firearms laws. Under By Mr. KENNEDY (for himself where the greatest need exists. section 922(i) of title 18 of the United and Mr. DODD) (by request): One of the highest priorities for the States Code, it is illegal to knowingly S. 993. A bill to assist States and sec- Labor and Human Resources Com- transport or ship a stolen firearm or ondary and postsecondary schools to mittee this year is the development of stolen ammunition. Under section develop, implement, and improve ca- a comprehensive work force develop- 922(j) of title 18, it is illegal to know- reer preparation education so that ment strategy for our Nation. Effective ingly receive, possess, conceal, store, every student has an opportunity to ac- vocational education and adult edu- sell, or otherwise dispose of a stolen quire academic and technical knowl- cation programs must be major compo- firearm or stolen ammunition. edge and skills needed for postsec- nents of such a plan. These innovative The penalty for violating either of ondary education, further learning, and proposals put forth by Secretary Riley these provisions, as provided by section a wide range of opportunities in high- should help us to achieve that goal.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6994 CONGRESSIONAL RECORD — SENATE July 8, 1997 Mr. President, I ask unanimous con- competition, and changes in production tech- student to achieve to challenging academic sent that each bill be printed in the nologies and the organization of work, the standards and industry-recognized skill RECORD. Nation must enable every student to obtain standards and prosper in a highly competi- There being no objection, the bills the academic, technical, and other skills tive, technological economy when it is needed to prepare for, and make a transition aligned with broader State and local edu- were ordered to be printed in the to, postsecondary education, further learn- cation reforms and with challenging stand- RECORD, as follows: ing, and a wide range of opportunities in ards reflecting the needs of employers and S. 993 high-skilled, high-wage careers. the demands of high-skill, high-wage careers, Be it enacted by the Senate and the House of ‘‘(b) DECLARATION OF FINDINGS.—The Con- and has the active involvement of employers, Representatives of the United States of America gress finds that— parents, and labor and community organiza- ‘‘(1) in order to be successful workers, citi- in Congress assembled, That this Act may be tions in planning, developing, and imple- zens, and learners in the 21st century, indi- cited as the ‘‘Center Preparation Education menting services and activities; viduals will need a combination of strong Reform Act of 1997’’. ‘‘(9) while current law has promoted impor- basic and advanced academic skills; com- tant reforms in vocational education, it con- TITLE I—AMENDMENTS TO THE CARL D. puter and other technical skills; theoretical tains numerous set-asides and special pro- PERKINS VOCATIONAL AND APPLIED knowledge; communications, problem-solv- grams and requirements that may inhibit TECHNOLOGY EDUCATION ACT ing, and teamwork skills; and the ability to further reforms as well as the proper imple- AMENDMENT TO THE ACT acquire additional knowledge and skills mentation of performance management sys- SEC. 101. The Carl D. Perkins Vocational throughout a lifetime; tems needed to ensure accountability for re- and Applied Technology Education Act (20 ‘‘(2) students in the United States can sults; achieve challenging academic and technical U.S.C. 2301 et seq.; hereinafter referred to as ‘‘(10) the Federal Government can— skills, and may learn better and retain more, ‘‘the Act’’) is amended in its entirety to read through a performance partnership with when they learn in context, learn by doing, as follows: States and localities based on clear pro- and have an opportunity to learn and under- ‘‘SHORT TITLE; TABLE OF CONTENTS grammatic goals, increased State and local stand how academic and technical skills are flexibility, improved accountability, and per- ‘‘SECTION 1. (a) SHORT TITLE.1—This Act used outside the classroom; formance goals, indicators, and incentives— may be cited as the ‘Carl D. Perkins Career ‘‘(3) a majority of high school graduates in provide to States and localities financial as- Preparation Education Act’. the United States do not complete a rigorous sistance for the improvement and expansion ‘‘(b) TABLE OF CONTENTS.—The table of course of study that prepares them for com- of career preparation education in all States, contents for this Act is as follows: pleting a two-year or four-year college de- as well as for services and activities that en- ‘‘TABLE OF CONTENTS gree or for entering high-skill, high-wage ca- reers; adult students are an increasingly di- sure that every student, including those with ‘‘Sec. 1. Short title; table of contents. verse group and often enter postsecondary special needs, has the opportunity to achieve ‘‘Sec. 2. Declaration of policy, findings, and education unprepared for academic and tech- the academic and technical skills needed to purpose. nical work; and certain individuals (includ- prepare for postsecondary education, further ‘‘Sec. 3. Authorization of appropriations. ing students who are members of special pop- learning, and a wide range of careers; and ‘‘(11) the Federal Government can also as- ‘‘TITLE I—PREPARING STUDENTS FOR ulations) often face great challenges in ac- sist States and localities by carrying out na- CAREERS quiring the knowledge and skills needed for tionally significant research, program devel- ‘‘PART A—CAREER PREPARATION EDUCATION successful employment. ‘‘(4) education reform efforts at the sec- opment, dissemination, evaluation, capacity- ‘‘Sec. 101. Career Preparation Education; building, data collection, professional devel- Priorities. ondary level are creating new American high schools that are committed to high academic opment, and technical assistance activities ‘‘Sec. 102. State leadership activities. that support State and local efforts to imple- ‘‘Sec. 103. State plans. standards for all students, and that ensure that all students have the academic and ment successfully programs, services, and ‘‘Sec. 104. Local activities. activities that are funded under this Act, as ‘‘Sec. 105. Local applications. technical skills needed to pursue postsec- ondary education, provide students with op- well as those supported with their own re- ‘‘Sec. 106. Performance goals and indicators. sources. ‘‘Sec. 107. Evaluation, improvement, and ac- portunities to explore careers, use tech- nology to enhance learning, and create safe, ‘‘(c) DECLARATION OF PURPOSE.—The pur- countability. pose of this Act is to assist all students, ‘‘Sec. 108. Allotments. supportive learning environments; ‘‘(5) community colleges are offering through a performance partnership with ‘‘Sec. 109. Within-State allocation and dis- adults a gateway to higher education, access States and localities, to acquire the knowl- tribution of funds. to quality occupational certificates and de- edge and skills they need to meet chal- ‘‘PART B—TECH-PREP EDUCATION grees that increase their skills and earnings, lenging State academic standards and indus- ‘‘Sec. 111. Program elements. and continuing education opportunities nec- try-recognized skill standards, and to pre- ‘‘Sec. 112. State leadership activities. essary for professional growth by ensuring pare for postsecondary education, further ‘‘Sec. 113. Local activities. that the academic and technical skills learning, and a wide range of opportunities ‘‘Sec. 114. Local applications. gained by students adequately prepare them in high-skill, high-wage careers. This pur- ‘‘Sec. 115. Evaluation, improvement, and ac- for the workforce, by enhancing connections pose shall be pursued through support for countability. with employers, and by obtaining sufficient State and local efforts that— ‘‘Sec. 116. Allotment and distribution. resources so that students have access to ‘‘(1) build on the efforts of States and lo- calities to develop and implement education ‘‘TITLE II—NATIONAL SUPPORT FOR state-of-the-art programs, equipment, and reforms based on challenging academic STATE AND LOCAL REFORMS support services; ‘‘(6) State initiatives to develop chal- standards; ‘‘Sec. 201. Awards for excellence. lenging State academic standards for all stu- ‘‘(2) integrate reforms of vocational edu- ‘‘Sec. 202. National activities. dents are helping to establish a new frame- cation with State reforms of academic prepa- ‘‘Sec. 203. National assessment. work for education reform, and States devel- ration in schools; ‘‘Sec. 204. National research center. oping school-to-work opportunity systems ‘‘(3) promote, in particular, the develop- ‘‘Sec. 205. Data systems. are helping to create opportunities for all ment of services and activities that inte- ‘‘Sec. 206. National Occupational Informa- students to participate in school-based, grate academic and occupational instruc- tion Coordinating Committee. work-based, and connecting activities lead- tion, link secondary and postsecondary edu- ‘‘Sec. 207. Career preparation education for ing to postsecondary education, further cation, and promote school-based and work- Indians and Native Hawaiians. learning, and first jobs in high-skill, high- based learning and connecting activities; ‘‘TITLE III—GENERAL PROVISIONS wage careers; ‘‘(4) increase State and local flexibility in ‘‘Sec. 301. Waivers. ‘‘(7) local, State, and national programs providing services and activities designed to ‘‘Sec. 302. Effect of Federal payments. supported under the Carl D. Perkins Voca- develop, implement, and improve career ‘‘Sec. 303. Maintenance of effort. tional and Applied Technology Education preparation education, including tech-prep ‘‘Sec. 304. Identification of State-imposed Act have assisted many students in obtain- education, and in integrating these services requirements. ing technical and academic skills and em- and activities with services and activities ‘‘Sec. 305. Out-of-State relocations. ployment, and technical preparation (tech- supported with other Federal, State, and ‘‘Sec. 306. Entitlement. prep) education has promoted the integra- local education and training funds in ex- ‘‘Sec. 307. Definitions. tion of academic and vocational education, change for clear accountability for results; reinforced and stimulated improvements in ‘‘(5) provide every student, including those ‘‘DECLARATION OF POLICY, FINDINGS, AND classroom instruction, and forged strong sec- who are members of special populations, PURPOSE ondary-postsecondary connections that serve with the opportunity to participate in the ‘‘SEC. 2. (a) DECLARATION OF POLICY.—The as a catalyst for the reform of vocational full range of career preparation education Congress declares it to be the policy of the education and the development of school-to- programs, services, and activities; United States that, in order to meet new work systems; ‘‘(6) integrate career guidance and coun- economic challenges brought about by tech- ‘‘(8) career preparation education increases seling into the educational processes, so that nology, increasing international economic its effectiveness and better enables every students are well prepared to make informed

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6995 education and career decisions, find employ- ‘‘(3) support the development and imple- ties conducted with assistance under this ment, and lead productive lives; and mentation of courses of study in broad occu- Act; ‘‘(7) benefit from national research, pro- pational clusters or industry sectors; ‘‘(4) promoting equity in secondary and gram development, demonstration, dissemi- ‘‘(4) effectively link secondary and postsec- postsecondary education and, to the max- nation, evaluation, capacity-building, data ondary education; imum extent possible, ensuring opportuni- collection, professional development, and ‘‘(5) provide students, to the extent pos- ties for all students, including students who technical assistance activities supporting sible, with strong experience in, and under- are members of special populations, to par- the development, implementation, and im- standing of, all aspects of an industry; ticipate in education activities that are free provement of career preparation education ‘‘(6) provide students with work-related ex- from sexual and other harassment and that programs, services, and activities. periences, such as internship, work-based lead to high-skill, high-wage careers; learning, school-based enterprises, entre- ‘‘AUTHORIZATION OF APPROPRIATIONS ‘‘(5) supporting tech-prep education activi- preneurship, and job-shadowing that link to ties, including, as appropriate, activities de- ‘‘SEC. 3. (a) PREPARING STUDENTS FOR CA- classroom learning; scribed under part B of this title; REERS.—(1) There are authorized to be appro- ‘‘(7) provide schoolsite and worksite men- ‘‘(6) improving and expanding career guid- priated to carry out part A of title I, relating toring; ance and counseling programs that assist to career preparation education, $1,064,047,000 ‘‘(8) provide instruction in general work- students to make informed education and ca- for the fiscal year 1998 and such sums as may place competences and instruction needed reer decisions; be necessary for each of the fiscal years 1999 for students to earn a skill certificate; ‘‘(7) improving and expanding the use of through 2002. ‘‘(9) provide career guidance and coun- technology in instruction; ‘‘(2) There are authorized to be appro- seling for students, including the provision ‘‘(8) supporting partnerships of local edu- priated to carry out part B of title I, relating of career awareness, exploration, and plan- cational agencies, institutions of higher edu- to technical preparation education, ning services, and financial aid information cation, and, as appropriate, other entities, $105,000,000 for the fiscal year 1998 and such to students and their parents; such as employers, labor organizations, par- sums as may be necessary for each of the fis- ‘‘(10) ensure continuing parent and em- ents, community-based organizations, and cal years 1999 through 2002. ployer involvement in program design and local workforce boards for enabling all stu- ‘‘(b) NATIONAL SUPPORT FOR STATE AND implementation; and dents, including students who are members LOCAL REFORMS.—From the amount appro- ‘‘(11) provide needed support services, such of special populations, to achieve to chal- priated for any fiscal year under subsection as mentoring, opportunities to participate in lenging State academic standards and indus- (a) the Secretary shall reserve— student organizations, tutoring, the modi- try-recognized skill standards; ‘‘(1) not more than 7 percent to carry out fication of curriculum, classrooms, and ‘‘(9) promoting the dissemination and use title II (except section 207, relating to career equipment, transportation, and child care. of occupational information and one-stop ca- preparation education for Indians and Native ‘‘STATE LEADERSHIP ACTIVITIES reer center resources; Hawaiians), of which not more than 2 per- ‘‘SEC. 102. (a) RESPONSIBLE AGENCY OR ‘‘(10) providing financial incentives or cent of the amount appropriated under sub- AGENCIES.—Any State desiring to receive a awards to one or more local recipients in rec- section (a) for any fiscal year after the fiscal grant under this part, as well as a grant ognition of exemplary quality or innovation year 2000 shall be available to carry out ac- under part B, shall, consistent with State in education services and activities, or exem- tivities under section 201, relating to awards law, designate an educational agency or plary services and activities for students for excellence; and agencies that shall be responsible for the ad- who are members of special populations, as (2) 1.75 percent to carry out activities ministration of services and activities under determined by the State through a peer re- under sections 207(b) and 207(c), relating to this Act, including— view process, using performance goals and career preparation education for Indians, and ‘‘(1) the development, submission, and im- indicators described in section 106 and any section 207(d), relating to career preparation plementation of the State plan; other appropriate criteria; education for Native Hawaiians. ‘‘(2) the efficient and effective performance ‘‘(11) supporting vocational student organi- ‘‘TITLE I—PREPARING STUDENTS FOR of the State’s duties under this Act; and zations, especially with respect to efforts to CAREERS ‘‘(3) consultation with other appropriate increase the participation of students who ‘‘PART A—CAREER PREPARATION EDUCATION agencies, groups, and individuals that are in- are members of special populations in such volved in the development and implementa- organizations; ‘‘CAREER PREPARATION EDUCATION; PRIORITIES tion of services and activities assisted under ‘‘(12) developing career preparation edu- ‘‘SEC. 101. (a) CAREER PREPARATION EDU- this Act, such as employers, industry, par- cation curricula that provide students with CATION.—(1) In order to enable every student ents, students, teachers, labor organizations, understanding in all aspects of the industry; to obtain the academic, technical, and other community-based organizations, State and and knowledge and skills that are needed to local elected officials, and local program ad- ‘‘(13) serving individuals in State institu- make a successful transition to postsec- ministrators, including the State agencies tions, such as State correctional institutions ondary education and a wide range of career responsible for activities under the State’s and institutions that serve individuals with and further learning, as well as support, to implementation grant under the School-to- disabilities. the maximum extent possible, the integra- Work Opportunities Act of 1994. ‘‘(c) SPECIAL POPULATIONS.—Any State tion of vocational education with broader ‘‘(b) IN GENERAL.—Each State that receives that receives a grant under this part shall— educational reforms underway in States and a grant under this part shall, from amounts ‘‘(1) work to eliminate bias and stereo- secondary and postsecondary schools, funds reserved for State leadership activities under typing in education at the secondary and under this part shall be used to support ca- section 109(c), conduct programs, services, postsecondary levels; reer preparation education programs, serv- and activities that further the development, ‘‘(2) disseminate data on the effectiveness ices, and activities. implementation, and improvement of career of career preparation education programs, ‘‘(2) As used in this Act, career preparation preparation education within the State and services, and activities in the State in meet- education programs, services, and activities that are integrated, to the maximum extent ing the educational and employment needs means those that— possible, with broader education reforms un- of women and students who are members of ‘‘(A) support the development, implemen- derway in the State, including such activi- special populations; tation, or improvement of State School-to- ties as— ‘‘(3) review proposed actions on applica- Work systems as set forth in title I of the ‘‘(1) providing comprehensive professional tions, grants, contracts, and policies of the School-to-Work Opportunities Act of 1994; or development (including initial teacher prep- State to help to ensure that the needs of ‘‘(B) otherwise prepare students for em- aration) for vocational, academic, career women and students who are members of ployment and further learning in technical guidance, and administrative personnel special populations are addressed in the ad- fields. that— ministration of this part; ‘‘(b) PRIORITIES.—In using funds under this ‘‘(A) will help such teachers and personnel ‘‘(4) recommend outreach and other activi- part, States and local recipients, as de- to meet the goals established by the State ties that inform women and students who scribed in section 105(a), shall give priority under section 106; and are members of special populations about to services and activities designed to— ‘‘(B) reflects the State’s assessment of its their education and employment opportuni- ‘‘(1) ensure that every student, including needs for professional development, as deter- ties; and those who are members of special popu- mined under section 2205(b)(2)(C) the Ele- ‘‘(5) advise local educational agencies, lations, has the opportunity to achieve a mentary and Secondary Education Act of postsecondary educational institutions, and combination of strong basic and advanced 1965, and is integrated with the professional other interested parties in the State on ex- academic skills, computer and other tech- development activities that the State carries panding career preparation opportunities for nical skills, theoretical knowledge, commu- out under title II of that Act; women and students who are members of nications, problem-solving, and other skills ‘‘(2) developing and disseminating cur- special populations and ensuring that the needed to meet challenging State academic ricula that are aligned, as appropriate, with needs of men and women in training for non- standards and industry-recognized skill challenging State academic standards and traditional jobs are met. standards; industry-recognized skill standards; ‘‘(d) STATE REPORT.—(1) The State shall ‘‘(2) promote the integration of academic ‘‘(3) monitoring and evaluating the quality annually report to the Secretary on the and vocational education; of, and improvement in, services and activi- quality and effectiveness of the programs,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6996 CONGRESSIONAL RECORD — SENATE July 8, 1997 services, and activities, provided through its ‘‘(A) the academic and technical skills edu- vision to an approved State plan under sub- grant under this part, as well as its grant cation, training and retraining needs of sec- section (a), the State shall submit revisions under part B, based on the performance goals ondary, adult, and postsecondary students, to the State plan to the Secretary after the and indicators and the expected level of per- including individuals who are members of State plan revisions have been approved by formance included in its State plan under special populations, that are necessary to the agencies responsible for approving the section 103(e)(2)(B). meet the projected skill demands of high- plan under subsection (b). ‘‘(2) The State report shall also— wage high-skill careers during the period of ‘‘LOCAL ACTIVITIES ‘‘(A) include such information, and in such the plan; and ‘‘SEC. 104. (a) GENERAL REQUIREMENTS.— form, as the Secretary may reasonably re- ‘‘(B) the capacity of programs, services, Each recipient of a subgrant under this part quire, in order to ensure the collection of and activities to meet those needs, taking shall— uniform data; and into account the priorities under section ‘‘(1) conduct career preparation education ‘‘(B) be made available to the public. 101(b) and the State’s performance goals programs, services and activities that fur- ‘‘STATE PLANS under section 106(a). ther student achievement of academic, tech- ‘‘SEC. 103. (a) IN GENERAL.—Any State de- ‘‘(2) The assessment shall also include— nical, and other knowledge and skills; siring to receive a grant under this part, as ‘‘(A) an analysis of the State’s performance ‘‘(2) provide services and activities that are well as a grant under part B, for any fiscal on its State and local standards and meas- of sufficient size, scope, and quality to be ef- year shall submit to, or have on file with, ures under Section 115 of the Carl D. Perkins fective; the Secretary a five year plan in accordance Vocational and Applied Technology Edu- ‘‘(3) give priority under this part to assist- with this section. The agency or agencies cation Act of 1990; and ing schools or campuses that serve the high- designated under section 102(a) may submit ‘‘(B) an identification of any provisions of est numbers or percentages of students who its State plan as part of a comprehensive the State plan that have been included based are members of special populations; and on that analysis. plan that may include State plan provisions ‘‘(4) promote equity in career preparation ‘‘(e) CONTENTS.—A State plan under sub- under the Goals 2000: Educate America Act, education and, to the maximum extent pos- the School-to-Work Opportunities Act of section (a) shall describe how the State will use funds under this part to— sible, ensure opportunities for every student, 1994, and section 14302 of the Elementary and including those who are members of special Secondary Education Act of 1965. Any State ‘‘(A) improve student achievement of aca- demic, technical, and other knowledge and populations, to participate in education ac- that receives an implementation grant under tivities that are free from sexual and other subpart B of title II of the School-to-Work skills and address the priorities described in section 101(b); harassment and that lead to high-skill, high- Opportunities Act of 1994 shall make the wage careers. plan that it submits or files under this sec- ‘‘(B) help ensure that every student, in- ‘‘(b) AUTHORIZED ACTIVITIES.—Each recipi- tion consistent with the approved plan for cluding those who are members of special populations, has the opportunity to achieve ent of a subgrant under this part may use which it received its implementation grant. funds to— ‘‘(b) APPROVALS.—(1) Notwithstanding the to challenging State academic standards and ‘‘(1) provide programs, services, and activi- designation of the responsible agency or industry-recognized skill standards and to be ties that promote the priorities described in agencies under section 102(a), the agencies prepared postsecondary education, further section 101(b), such as— that shall approve the State plan under sub- learning, and high-skill, high-wage careers; ‘‘(A) developing curricula and assessments section (a) are— ‘‘(C) further the State’s education reform ‘‘(A) the State educational agency; and efforts and school-to-work opportunities sys- that are aligned, as appropriate, with chal- ‘‘(B) the State agency responsible for com- tem; and lenging State academic standards, as well as munity colleges. ‘‘(D) carry out State leadership activities industry-recognized skill standards, and that ‘‘(2) The Secretary shall approve a State under section 102. integrate academic and vocational instruc- plan under subsection (a), or a revision to an ‘‘(2) A State plan under subsection (a) shall tion, school-based and work-based instruc- approved State plan, only if the Secretary also— tion and connecting activities, and sec- determines that it meets the requirements of ‘‘(A) describe how the State will integrate ondary and postsecondary level instruction; this section and the State’s performance its services and activities under this title ‘‘(B) acquiring and adapting equipment, in- goals and expected level of performance with the broad education reforms in the cluding instructional aids; under subsection (e)(2)(B) are sufficiently State and with relevant employment, train- ‘‘(C) providing professional development rigorous as to meet the purpose of this Act ing, technology, and welfare programs car- activities, including such activities for and to allow the Department of Education to ried out in the State; teachers, mentors, counselors, and adminis- make progress toward its performance objec- ‘‘(B) include a statement, expressed in trators, and board members; tives and indicators established under the terms of the performance indicators pub- ‘‘(D) providing services, directly or Government Performance and Results Act. lished by the Secretary under section 106(b), through community-based or other organiza- The Secretary shall establish a peer review and any other performance indicators the tions, that are needed to meet the needs of process to make recommendations regarding State may choose, of the State’s perform- students who are members of special popu- approval of the State plan and revisions to ance goals established under section 106(a) lations, such as mentoring, opportunities to the plan. The Secretary shall not finally dis- and the level of performance the State ex- participate in student organizations, tutor- approve a State plan before giving the State pects to achieve in progressing toward its ing, curriculum modification, equipment reasonable notice and an opportunity for a performance goals during the life of the modification, classroom modification, sup- hearing. State plan; portive personnel, instructional aids and de- ‘‘(c) CONSULTATION.—(1) In developing and ‘‘(C) describe how the State will ensure vices, guidance, career information, English implementing its plan under subsection (a), that the data reported to it from its local re- language instruction, transportation, and and any revisions under subsection (g), the cipients under this Act and the data it re- child care; designated agency or agencies under section ports to the Secretary are complete, accu- ‘‘(E) supporting tech-prep education serv- 102(a) shall consult widely writhe employers, rate, and reliable; ices and activities, career academies, and labor organizations, parents, and other indi- ‘‘(D) describe how the State will provide public charter, pilot, or magnet schools that viduals, agencies,. and organizations in the incentives or rewards for exemplary pro- have a career focus; State that have an interest in education and grams, services, or activities under this Act, ‘‘(F) carrying out activities that ensure ac- training, including the State agencies re- if the State elects to implement the author- tive and continued involvement of employ- sponsible for activities under the State’s im- ity under section 102(b)(10); ers, parents, local workforce boards, and plementation grant under the School-to- ‘‘(E) describe how funds will be allocated labor organizations in the development, im- Work Opportunities Act of 1994, as well as in- and used at the secondary and postsecondary plementation, and improvement of a career dividuals, employers, and organizations that level, the consortia that will be formed preparation education in the State, such as have an interest in education and training among secondary and postsecondary school support for local school-to-work partnerships for students who are members of special pop- and institutions, and how funds will be allo- and intermediary organizations that support ulations. cated to such consortia; and activities that link school and work; ‘‘(2) The designated agency or agencies ‘‘(F) be made available to the public. ‘‘(G) assisting in the reform of secondary under section 102(a) shall submit the State ‘‘(f) ASSURANCES.—A State plan under sub- schools, including schoolwide reforms and plan under this section, and any revisions to section (a) shall contain assurances that the schoolwide programs authorized under sec- the State plan under subsection (g), to the State will— tion 1114 of the Elementary and Secondary Governor for review and comment, and shall ‘‘(1) comply with the requirements of this Education Act of 1965; ensure that any comments the Governor Act and the provisions of the State plan; and ‘‘(H) supporting vocational student organi- may have are included with the State plan or ‘‘(2) provide for the fiscal control and fund zations, especially with respect to efforts to revision when the plan or revision is sub- accounting procedures that may be nec- increase the participation of students who mitted to the Secretary. essary to ensure the proper disbursement of, are members of special populations in such ‘‘(d) ASSESSMENT.—The State plan under and accounting for, funds paid to the State organizations; subsection (a), and any revisions to the State under this Act. ‘‘(I) providing assistance to students who plan under subsection (a), shall be based ‘‘(g) REVISIONS.—When changes in condi- have participated in services and activities upon a recent objective assessment of— tions or other factors require substantial re- under this Act in finding an appropriate job

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6997 and continuing their education and training; section 109(c) to evaluate its entire career subgrant under this part is not making sub- and preparation education program in secondary stantial progress in achieving the purpose of ‘‘(J) developing and implementing perform- and postsecondary schools and to carry out this Act in accordance with the priorities de- ance management systems and evaluations; activities under paragraph (1). scribed in section 101(b), the State shall and ‘‘(b) PERFORMANCE INDICATORS.—(1) After work jointly with the recipient to develop a ‘‘(2) carry out other services and activities consultation with the Secretary of Labor, plan, in consultation with teachers, coun- that meet the purposes of this Act. States, local educational agencies, institu- selors, parents, students, employers, and ‘‘(c) EQUIPMENT.—Equipment acquired or tions of higher education, representatives of labor organizations, for improvement for adapted with funds under this part may be business and industry, and other interested succeeding school years. If, after not more used for other instructional purposes when parties, the Secretary shall publish in the than 2 years of implementation of the im- not being used to carry out this part if such Federal Register performance indicators (in- provement plan, the State determines that acquisition or adaptation is reasonable and cluding the definition of relevant terms and the local recipient is not making sufficient necessary for providing services or activities appropriate data collection methodologies) progress, the State shall take whatever cor- under this part and such other use is inci- described in paragraph (2) that State and rective action it deems necessary, consistent dental to, does not interfere with, and does local recipients shall use in measuring or as- with State law. The State shall take correc- not add to the cost of, the use of such equip- sessing progress toward achieving the tive action only after it has provided tech- ment under this part. State’s performance goals under subsection nical assistance to the recipient and shall ‘‘LOCAL APPLICATIONS (a). ensure that any corrective action it takes al- ‘‘SEC. 105. (a) ELIGIBILITY.—Schools and ‘‘(2) The Secretary shall publish perform- lows for continued career preparation edu- other institutions or agencies eligible to ance indicators for programs, services, and cation services and activities for the recipi- apply, individually or as consortia, to a activities under this Act in the following ent’s students. State for a subgrant under this part are— areas: ‘‘(c) TECHNICAL ASSISTANCE.—If the Sec- ‘‘(1) local educational agencies; ‘‘(A) achievement to challenging State retary determines that the State is not prop- ‘‘(2) area vocational education schools; academic standards, such as those estab- erly implementing its responsibilities under ‘‘(3) intermediate educational agencies; lished under Goals 2000: Educate America subsection (b), or is not making substantial ‘‘(4) institutions of higher education; and Act, and industry-recognized skill standards; progress in meeting the purpose of this Act ‘‘(5) postsecondary educational institutions ‘‘(B) receipt of a high school diploma, skill or carrying out services and activities under controlled by the Bureau of Indian Affairs or certificate, and postsecondary certificate or this part that are in accord with the prior- operated by, or on behalf of, any Indian tribe degree; ities described in section 101(b), based on the that is eligible to contract with the Sec- ‘‘(C) job placement, retention, and earn- performance goals and indicators and ex- retary of the Interior for the administration ings, particularly in the student’s field of pected level of performance included in its of programs under the Indian Self-Deter- study; and State plan under section 103(e)(2)(B), the mination Act or the Act of April 16, 1934. ‘‘(D) such other indicators as the Secretary Secretary shall work with the State to im- ‘‘(b) APPLICATION REQUIREMENTS.—Any ap- determines. plement improvement activities. plicant that is eligible under subsection (a) ‘‘(c) TRANSITION.—A State shall use the ‘‘(d) WITHHOLDING OF FEDERAL FUNDS.—If, and that desires to receive a subgrant under performance goals and indicators established after a reasonable time, but not earlier than this part shall, according to requirements es- under subsections (a) and (b) not later than one year after of implementation of the im- tablished by the State, submit an applica- July 1, 1999. In order to provide a transition provement activities described in subsection tion to the agency or agencies designated for State evaluation activities, each State (c), the Secretary determines that the State under section 102(a). In addition to including receiving funds under this title shall use the is not making sufficient progress, based on such information as the State may require system of standards and measures the State the performance goals and indicators and ex- and identifying the results the applicant developed under section 115 of the Carl D. pected level of performance included in its seeks to achieve, each application shall also Perkins Vocational and Applied Technology State plan under section 103(e)(2)(B), the describe how the applicant will use funds Education Act as in effect prior to the enact- Secretary shall, after notice and opportunity under this part to— ment of this Act during the period that the for a hearing, withhold from the State all, or ‘‘(1) develop, improve, or implement career State is establishing performance goals a portion, of the State’s allotment under this preparation education programs, services, or under subsection (a). part. The Secretary may use funds withheld activities in secondary schools and postsec- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- under the preceding sentence to provide, ondary institutions and address the prior- retary shall provide technical assistance to through alternative arrangements, services ities described in section 101(b), in accord- the States regarding the development of the and activities within the State that meet the ance with section 103; State’s performance goals under subsection purpose of this Act and are in accord with ‘‘(2) evaluate progress toward the results it (a), as well as use of uniform national per- the priorities described in section 101(b). seeks to achieve, consistent with the per- formance data. The Secretary may use funds formance goals and indicators established ‘‘ALLOTMENTS appropriated for title II to provide technical under section 106; ‘‘SEC. 108. (a) ALLTOMENT TO STATES FOR assistance under this section. ‘‘(3) coordinate its services and activities CAREER PREPARATION EDUCATION.—Subject with related services and activities offered ‘‘EVALUATION, IMPROVEMENT AND to subsection (b), from the remainder of the by community-based organizations, employ- ACCOUNTABILITY sums available for this part, the Secretary ers, and labor organizations, and, to the ex- SEC. 107. (a) LOCAL EVALUATION.—(1) Each shall allot to each State for each fiscal tent possible, integrate its services and ac- recipient of a subgrant under this part year— tivities under this title with broad edu- shall— ‘‘(1) an amount that bears the same ratio cational reforms in the State and with rel- ‘‘(A) annually evaluate, using the perform- to 50 percent of the sum being allotted as the evant employment, training, and welfare ance goals and indicators described in sec- product of the population aged 15 to 19, in- programs carried out in the State; and tion 106, and report to the State regarding, clusive, in the State in the fiscal year pre- ‘‘(4) consult with students, their parents, its use of funds under this part to develop, ceding the fiscal year for which the deter- employers, and other interested individuals implement, or improve its career prepara- mination is made and the State’s allotment or groups (including labor organizations and tion education program, services, and activi- ratio bears to the sum of the corresponding organizations representing special popu- ties; and products for all the States; and lations), in developing their services and ac- ‘‘(B) biennially evaluate, and report to the ‘‘(2) an amount that bears the same ratio tivities. State regarding the effectiveness of its pro- to 50 percent of the sum being allotted as the ‘‘PERFORMANCE GOALS AND INDICATORS grams, services, and activities under this product of the population aged 20 to 24, in- ‘‘SEC. 106. (a) PERFORMANCE GOALS.—(1) part in achieving the priorities described in clusive, in the State in the fiscal year pre- Any State desiring to receive a grant under section 101(b), including the participation, ceding the fiscal year for which the deter- this part, as well as under part B, in con- progress, and outcomes of students who are mination is made and the State’s allotment sultation with employers, parents, labor or- members of special populations. ratio bears to the sum of the corresponding ganizations, and other individuals, agencies, ‘‘(2) Such recipient may evaluate portions products for all the States. and organizations in the State that have an of its entire career preparation education ‘‘(b) HOLD-HARMLESS AMOUNTS.—(1) Not- interest in education and training, shall— program, including portions that are not withstanding any other provision of law and ‘‘(A) establish performance goals to define supported under this part. If such recipient subject to paragraph (2), for fiscal year 1998 the level of performance to be achieved by does so, it need not evaluate separately that no State shall receive an allotment for serv- students served under this title and to evalu- portion of its entire career preparation edu- ices and activities authorized under this part ate the quality and effectiveness of pro- cation program supported with funds under that is less than 90 percent of the sum of the grams, services, and activities under this this part. payments made to the State for fiscal year title; and ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State 1997 for programs authorized by title II of ‘‘(B) express such goals in an objective, determines, based on the local evaluation the Carl D. Perkins Vocational and Applied quantifiable, and measurable form. conducted under subsection (a) and applica- Technology Education Act, and for fiscal ‘‘(2) Any State may also use amounts it re- ble performance goals and indicators estab- years 1998 through 2002 no State shall receive ceives for State leadership activities under lished under section 106, that a recipient of a for services and activities authorized under

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6998 CONGRESSIONAL RECORD — SENATE July 8, 1997 this part an allotment that is less than 90 applications for subgrants under this part ‘‘(2) For the purposes of this subsection— percent of its allotment under this part for and part B, supporting activities to ensure ‘‘(A) the term ‘eligible institution’ means— the preceding fiscal year. the active participation of interested indi- ‘‘(i) an institution of higher education; ‘‘(2) If for any fiscal year the amount ap- viduals and organizations, and ensuring com- ‘‘(ii) a local educational agency providing propriated for services and activities author- pliance with all applicable Federal laws. education at the postsecondary level; ized under this part and available for allot- ‘‘(2) Each State shall match, from non-Fed- ‘‘(iii) an area vocational education school ment under this section is insufficient to eral sources and on a dollar-for-dollar basis, providing education at the postsecondary satisfy the provisions of paragraph (1), the the funds used for State administration level; and Secretary shall ratably reduce the payments under paragraph (1). ‘‘(iv) a postsecondary educational institu- to all States for such services and activities ‘‘(c) STATE LEADERSHIP.—The State shall tion controlled by the Bureau of Indian Af- as necessary. use the remainder of its grant under section fairs or operated by or on behalf of any In- ‘‘(3) Notwithstanding any other provision 108(e) for each fiscal year for State leader- dian tribe that is eligible to contract with of law, the allotment for this part for each of ship activities described in section 102. the Secretary of the Interior of the adminis- American Samoa, Guam, the Northern Mar- ‘‘(d) DISTRIBUTION OF PART A FUNDS AT THE tration of programs under the Indian Self- iana Islands, and the Virgin Islands shall not SECONDARY LEVEL.—(1) Except as provided in Determination Act or the Act of April 16, be less than $200,000. subsections (f), (g), and (h), each State shall, 1934; and each fiscal year, distribute to local edu- ‘‘(B) the term ‘Pell Grant recipient’ means ‘‘(c) ALLOTMENT RATIO.—the allotment a recipient of financial aid under subpart 1 of ratio of any State shall be 1.00 less the prod- cational agencies, or consortia of such agen- part A of title IV of the Higher Education uct of— cies, within the State funds under this part Act of 1965. ‘‘(1) 0.50; and available for secondary level education pro- ‘‘(3) An eligible institution may use funds ‘‘(2) the quotient obtained by dividing the grams, services, and activities that are con- distributed in accordance with paragraph (1) per capita income for the State by the per ducted in accordance with the priorities de- scribed in section 101(b). Each local edu- to provide postsecondary level services and capita income for all the States (exclusive of cational agency or consortium shall be allo- activities for students enrolled in a career American Samoa, Guam, Puerto Rico, the cated an amount that bears the same rela- preparation education program that exceeds Northern Mariana Islands, and the Virgin Is- tionship to the amount available as the two years through a written articulation lands), except that— amount that the local educational agency or agreement between the eligible institution ‘‘(A) the allotment ratio shall in no case be consortium was allocated under subpart 2 of and the administrators of that program. more than 0.60 or less than 0.40; and part A of title I of the Elementary and Sec- ‘‘(f) ALTERNATIVE PART A DISTRIBUTION ‘‘(B) the allotment ratio for American ondary Education Act of 1965 in the pre- FORMULA.—The State may distribute funds Samoa, Guam, Puerto Rico, the Northern ceding fiscal year bears to the total amount under subsection (d) or (e) using an alter- Mariana Islands, and the Virgin Islands shall received under such subpart by all the local native formula if the State demonstrates to be 0.60. educational agencies in the State in such fis- the Secretary’s satisfaction that— ‘‘(d) REALLOTMENT.—If the Secretary deter- cal year. ‘‘(1) the alternative formula better meets mines that any amount of any State’s allot- ‘‘(2) In applying the provisions of para- the purposes of this Act; ment under subsection (a) for any fiscal year graph (1), the State shall— ‘‘(2) the alternative formula is in accord will not be required for carrying out the ‘‘(A) distribute those funds that, based on with the priorities described in section services and activities for which such the distribution formula under paragraph (1), 101(b);and amount has been allotted, the Secretary would have gone to a local educational agen- ‘‘(3)(A) the formula described in subsection shall make such amount available for real- cy serving only elementary schools, to the (d) or (e) does not result in a distribution of lotment to one or more other States. Any local educational agency that provides sec- funds to the eligible recipients or consortia amount reallotted to a State under this sub- ondary school services to secondary school that have the highest numbers or percent- section shall be deemed to be part of its al- students in the same attendance area; ages of economically disadvantaged stu- lotment for the fiscal year in which it is ob- ‘‘(B) distribute to a local educational agen- dents, as described in subsection (j); and ligated. cy that has jurisdiction over secondary ‘‘(B) the alternative formula would result ‘‘(e) STATE GRANTS.—(1) From the State’s schools, but not elementary schools, funds in such a distribution. allotment under subsection (a), the Sec- based on the number of students that en- ‘‘(g) MINIMUM SUBGRANT AMOUNTS.—(1)(A) retary shall make a grant for each fiscal tered such secondary schools in the previous Except as provided in subparagraph (B), no year to each State that has an approved year from the elementary schools involved; local educational agency shall be eligible for State plan under section 103. and a subgrant under this part unless the amount ‘‘(2) The Secretary may promulgate regula- ‘‘(C) distribute funds to an area vocational allocated to that agency under subsection (c) tions with regard to indirect cost rates that education school or intermediate edu- or (d) equals or exceeds $15,000. may be used for grants and subgrants award- cational agency in any case in which— ‘‘(B) The State may waive the requirement ed under this title. ‘‘(i) the area vocational education school in subparagraph (A) in any case in which the ‘‘(f) DEFINITIONS AND DETERMINATIONS.— or intermediate educational agency and the local educational agency— For purposes of this section— local educational agency or agencies con- ‘‘(i) enters into a consortium with one or ‘‘(1) allotment ratios shall be computed on cerned have an agreement to use such funds more other local educational agencies to the basis of the average of the appropriate to provide services and activities in accord- provide services and activities conducted in per capita incomes for the 3 most recent con- ance with the priorities described in section accordance with the priorities described in secutive fiscal years for which satisfactory 101; and section 101(b) and the aggregate amount allo- data are available; ‘‘(ii) the area vocational education school cated and awarded to the consortium equals ‘‘(2) the term ‘per capita income’ means, or intermediate educational agency serves or exceeds $15,000; or with respect to a fiscal year, the total per- an equal or greater proportion of students ‘‘(ii) is located in a rural, sparsely-popu- sonal income in the calendar year ending in with disabilities or economically disadvan- lated area and demonstrates that the agency such year, divided by the population of the taged students than the proportion of these is unable to enter into a consortium for the area concerned in such year, and students under the jurisdiction of the local purpose of providing services and activities ‘‘(3) population shall be determined by the educational agencies sending students to the conducted in accordance with the priorities Secretary on the basis of the latest esti- area vocational education school. described in section 101(b), but that the agen- ‘‘(e) DISTRIBUTION OF PART A FUNDS AT THE mates available to the Department that are cy is able to provide services and activities POSTSECONDARY LEVEL.—(1) Except as pro- satisfactory to the Secretary. that meet the purposes of this Act. vided in subsections (f), (g), and (h), each ‘‘(2)(A) Except as provided in subparagraph ‘‘WITHIN-STATE ALLOCATION AND DISTRIBUTION State shall, each fiscal year, distribute to el- (B), no eligible institution shall be eligible OF FUNDS igible institutions, or consortia of such insti- for a subgrant under this part unless the ‘‘SEC. 109. (a) IN GENERAL.—(1) For each of tutions, within the State funds under this amount allocated to that institution under the fiscal years 1998 and 1999, the State shall part available for postsecondary level serv- subsection (d) or (e) equals or exceeds $50,000. award as subgrants to eligible recipients ices and activities that are conducted in ac- ‘‘(B) The State may waive the requirement under section 105(a) at least 80 percent of its cordance with the priorities described in sec- in subparagraph (A) in any case in which the grant under section 108(e) for that fiscal tion 101(b). Each such eligible institution or eligible institution— year. consortium shall be allocated an amount ‘‘(i) enters into a consortium with one or ‘‘(2) For each of the fiscal years 2000 that bears the same relationship to the more other eligible institutions to provide through 2002, the State shall award as sub- amount of funds available as the number of services and activities conducted in accord- grants to eligible recipients under section Pell Grant recipients and recipients of as- ance with the priorities described in section 105(a) at least 85 percent of its grant under sistance from the Bureau of Indian Affairs 101 and the aggregate amount allocated and section 108(e) for that fiscal year. enrolled in the preceding fiscal year by such awarded to the consortium equals or exceeds ‘‘(b) STATE ADMINISTRATION.—(1) The State institution or consortium in a career prepa- $50,000; or may use an amount not to exceed 5 percent ration education programs that does not ex- ‘‘(ii) is a tribally controlled community of its grant under section 108(e) for each fis- ceed two years bears to the number of such college. cal year for administering its State plan, in- recipients enrolled in such programs within ‘‘(h) PART A SECONDARY-POSTSECONDARY cluding developing the plan, reviewing local the State in such fiscal year. CONSORTIA.—The State may distribute funds

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6999 available for part A in any fiscal year for least one postsecondary educational institu- ‘‘(A) use funds under this part to develop, secondary and postsecondary level services tion; and improve, or implement a tech-prep education and activities, as applicable, to one or more ‘‘(B) that displays strong, comprehensive program; local educational agencies and one or more institutional links within the consortium. ‘‘(B) evaluate progress toward the results eligible institutions that enter into a consor- ‘‘STATE LEADERSHIP RESPONSIBILITIES it seeks to achieve, consistent with the per- tium in any case in which— ‘‘SEC. 112. (a) IN GENERAL.—Each State formance goals and indicators established ‘‘(1) the consortium has been formed to that receives a grant under this part may under section 106; provide services and activities conducted in use funds reserved for leadership activities ‘‘(C) coordinate its services and activities accordance with the priorities described in under section 109(c) to conduct services and with related services and activities offered section 101(b); and activities that further the development, im- by community-based organizations, employ- ‘‘(2) the aggregate amount allocated and plementation, and improvement of tech-prep ers, and labor organizations, and, to the ex- awarded to the consortium under subsections education programs throughout the State in tent possible, integrate its services and ac- (a), (b), and (c) equals or exceeds $50,000. accordance with the purposes of this Act. tivities under this part with career prepara- ‘‘(i) REALLOCATIONS.—The State shall re- ‘‘(b) STATE PLAN.—Any State desiring to tion education programs, services, and ac- allocate to one or more local educational receive a grant under this part for any fiscal tivities, broad education reforms, and rel- agencies, eligible institutions, and consortia year shall— evant employment, training, and welfare any amounts that are allocated in accord- ‘‘(1) have an approved State plan under sec- programs carried out in the State; and ance with subsections (d) through (f), but tion 103 for that fiscal year; and ‘‘(D) consult with students, their parents, that would not be used by a local edu- ‘‘(2) include in such plan— and other interested individuals or groups cational agency or eligible institution, in a ‘‘(A) a description of how the State will use (including employers and labor organiza- manner the State determines will best serve funds under this part only to make competi- tions), in developing their services and ac- the purpose of this Act and be in accord with tive subgrants to consortia to conduct serv- tivities. the priorities described in section 101(b). ices and activities that further the develop- ‘‘(2) A consortium may submit its applica- ‘‘(j) ECONOMICALLY DISADVANTAGED STU- ment, implementation, and improvement of tion as part of the application for funds DENTS.—For the purposes of this section, the tech-prep education programs throughout under part A of this title. State may determine the number of eco- the State in accordance with the purposes of ‘‘(c) APPROVAL AND SPECIAL CONSIDER- nomically disadvantaged students on the this Act; and ATION.—(1) The agency or agencies des- basis of— ‘‘(B) a description of how tech-prep edu- ignated under section 102(a) shall approve ap- ‘‘(1) eligibility for free or reduced-price cation programs under this part will relate plications based on their potential to create meals under the National School Lunch Act to, and be integrated with, the career prepa- an effective tech-prep education program as or for assistance under part A of title IV of ration education programs, services, and ac- described in section 111. the Social Security Act; tivities supported in the State under part A ‘‘(2) The designated agency or agencies ‘‘(2) the number of children counted for al- of this title. shall give special consideration to applica- location purposes under title I of the Ele- ‘‘(c) STATE REPORT.—Any State that re- tions that— mentary and Secondary Education Act of ceives a grant under this part shall annually ‘‘(A) provide for effective employment 1965; or report to the Secretary on the quality and placement activities and for the transfer of ‘‘(3) any other index of disadvantaged eco- effectiveness of its services and activities students to 4-year baccalaureate degree pro- nomic status if the State demonstrates to provided under the grant, based on the per- grams; the satisfaction of the Secretary that the formance goals and indicators, as appro- ‘‘(B) are developed in consultation with index is more representative of the number priate, established under section 106. Such business, industry, labor organizations, and of low-income students than the indices de- report shall be part of the report that the institutions of higher education that award scribed in paragraphs (1) and (2). State submits in accordance with section bachelor’s degrees; ‘‘PART B—TECH-PREP EDUCATION 102(d). ‘‘(C) address effectively the needs of special ‘‘PROGRAM ELEMENTS ‘‘LOCAL ACTIVITIES populations; and ‘‘SEC. 111. Funds under this part shall be ‘‘SEC. 113. (a) GENERAL AUTHORITY.—Each ‘‘(D) demonstrate the use of tech-prep edu- used only to develop, implement, and im- recipient of a subgrant under this part shall cation programs as a primary strategy for prove tech-prep education programs that— use such funds to develop, implement, or im- systemic educational reform. ‘‘(1) include— prove a tech-prep education program de- ‘‘EVALUATION, IMPROVEMENT AND ‘‘(A) a non-duplicative sequence of study, scribed in section 111. ACCOUNTABILITY with a common core of required proficiency ‘‘(b) ADDITIONAL ACTIVITIES.—A recipient ‘‘SEC. 115. (a) LOCAL EVALUATION.—(1) Each in mathematics, science, communications, of a subgrant under this part may use such recipient of a subgrant under this part and technology, consisting of at least 2 years funds to— shall— of secondary school preceding graduation ‘‘(1) acquire tech-prep education program ‘‘(A) annually evaluate, using the perform- and leading to an associate degree, an indus- equipment, subject to subsection (c); and ance goals and indicators described in sec- try-recognized skill certificate, completion ‘‘(2) obtain technical assistance from State tion 106, as appropriate, and report to the of a registered apprenticeship program, or a or local entities that have successfully de- State regarding, its use of funds under this bachelor’s degree in a specific career field; signed, established, and operated tech-prep part to develop, implement, or improve tech- ‘‘(B) an integrated academic and technical programs. prep education programs described under curriculum appropriate to the needs of the ‘‘(c) EQUIPMENT.—Equipment acquired or section 111; and students enrolled in the secondary schools adapted with funds under this part may be ‘‘(B) biennially evaluate and report to the and postsecondary education institutions used for other instructional purposes when State regarding, the effectiveness of its serv- participating in a consortium. not being used to carry out this part if such ‘‘(C) curriculum and professional develop- ices and activities supported under this part acquisition or adaptation is reasonable and in achieving the purposes of this Act, includ- ment to— necessary for providing services or activities ‘‘(i) train academic, vocational, and tech- ing the progress of students who are mem- under this part and such other use is inci- bers of special populations. nical teachers to use strategies and tech- dental to, does not interfere with, and does niques effectively to support tech-prep edu- ‘‘(2) Such recipient may evaluate portions not add to the cost of, the use of such equip- of its entire tech-prep education program, cation; and ment under this part. ‘‘(ii) train counselors to advise students ef- including portions that are not supported ‘‘LOCAL APPLICATIONS fectively, and to help ensure that students under this part. If such recipient does so, it successfully complete their tech-prep edu- ‘‘SEC. 114. (a) ARTICULATION AGREEMENT.— need not evaluate separately that portion of cation and enter into appropriate employ- A consortium that desires to receive a its entire tech-prep education program sup- ment; subgrant under this part shall submit to the ported with funds under this part. ‘‘(D) preparatory services, including out- agency or agencies designated under section ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State reach, career counseling, assessment, and 102(a) a written articulation agreement determines, based on the local evaluation testing, that assist students to enter into among the consortium participants that de- conducted under subsection (a) and applica- tech-prep education, as well as career aware- scribes each participant’s role in carrying ble performance goals and indicators estab- ness, exploration, and planning activities out the tech-prep education program. lished under section 106, that a recipient of a that help students in tech-prep education to ‘‘(b) APPLICATION REQUIREMENT.—(1) A con- subgrant under this part is not making sub- make informed choices; sortium that desires to receive a subgrant stantial progress in achieving the purpose of ‘‘(E) equal access for students who are under this part shall, according to require- this Act, the State shall work jointly with members of special populations; and ments established by the State, submit an the recipient to develop a plan, in consulta- ‘‘(F) work-based learning opportunities, for application to the agency or agencies des- tion with teachers, parents, and students, for both students and educators, that are tied to ignated under section 102(a). In addition to improvement for succeeding school years. If, the tech-prep curriculum; and including such information as the State may after not more than 2 years of implementa- ‘‘(2) are conducted by a consortium— require and identifying the results the con- tion of the improvement plan, the State de- ‘‘(A) of at least one public secondary sortium seeks to achieve, each application termines that the recipient is not making school or local educational agency and at shall also describe how the consortium will— sufficient progress, the State shall take

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7000 CONGRESSIONAL RECORD — SENATE July 8, 1997 whatever corrective action it deems nec- ‘‘(2) implemented exemplary career prepa- contracts, or cooperative agreements, sup- essary, consistent with State law. The State ration education programs, services, or ac- port professional development activities for shall take corrective action only after it has tivities in secondary and postsecondary educators (including teachers, administra- provided technical assistance to the recipi- schools in accordance with the priorities de- tors, counselors, mentors, and board mem- ent and shall ensure that any corrective ac- scribed in section 101(b); or bers) to help to ensure that all students re- tion it takes allows for continued tech-prep ‘‘(3) provided exemplary career preparation ceive an education that prepares them for services and activities for the recipient’s education programs, services, or activities postsecondary education, further learning, students. for students who are members of special pop- and high-skill, high-wage careers. ‘‘(c) TECHNICAL ASSISTANCE.—If the Sec- ulations. ‘‘(2)(A) Professional development activities retary determines that the State is not prop- ‘‘NATIONAL ACTIVITIES supported under this subsection shall— erly implementing its responsibilities under ‘‘(i) be tied to challenging State academic ‘‘SEC. 202. (a) GENERAL AUTHORITY.—(1) In subsection (b), or is not making substantial standards and industry-recognized skill order to carry out the purpose of this Act, progress in meeting the purpose of this Act, standards; the Secretary may, directly or through based on the performance goals and indica- ‘‘(ii) take into account recent research on grants, contracts, or cooperative agree- tors and expected level of performance in- teaching and learning; ments, carry out research, development, dis- cluded in its State plan under section ‘‘(iii) be of sufficient intensity and dura- semination, evaluation, capacity-building, 103(e)(2)(B), the Secretary shall work with tion to have a positive and lasting impact on and technical assistance activities in accord the State to implement improvement activi- the educator’s performance; ties. with the purposes of this Act, such as activi- ‘‘(iv) include strong academic and tech- ‘‘(d) WITHHOLDING OF FEDERAL FUNDS.—If, ties relating to— nical skills content and pedagogical compo- ‘‘(A) challenging State academic standards after a reasonable time, but not earlier than nents; and one year after of implementation of the im- and industry-recognized skill standards, in- ‘‘(v) be designed to improve educators’ provement activities described in subsection cluding curricula and assessments aligned skills in such areas as integrating academic (c), the Secretary determines that the State with such standards; and vocational instruction, articulating sec- is not making sufficient progress, based on ‘‘(B) the improvement in academic, tech- ondary and postsecondary education, com- the performance goals and indicators and ex- nical, communications and other skills of bining school-based and work-based instruc- pected level of performance included in its students participating in career preparation tion and connecting activities, using occupa- State plan under section 103(e)(2)(B), the education; tional and career information, computer lit- ‘‘(C) best practices in career preparation Secretary shall, after notice and opportunity eracy, innovative uses of educational tech- education, including curricula, assessments, for a hearing, withhold from the State all, or nology, and all aspects of an industry. a portion, of the State’s allotment under this and supportive services; ‘‘(B) Funds under this subsection may be ‘‘(D) effective career guidance and coun- part. The Secretary may use funds withheld used for such activities as pre-service and in- seling practices, including the identification under the preceding sentence to provide, service training, including internships at of components of such programs that meet through alternative arrangements, tech-prep employer sites, training of work-site super- services and activities within the State that the career preparation education needs of visors, and support for development of local, meet the purpose of this Act. students; regional, and national educator networks ‘‘(E) the use of community- and work- ‘‘ALLOTMENT AND DISTRIBUTION that facilitate the exchange of information based learning, job shadowing, internships, ‘‘SEC. 116. (a) ALLOTMENT TO STATES FOR relevant to the development of career prepa- entrepreneurship, and school-based enter- TECH-PREP EDUCATION.—(1) From the ration education programs. prises to further academic and technical amount appropriated for this part under sec- ‘‘(3) In supporting activities under this skills development; tion 3(a)(2) for each fiscal year, the Sec- subsection, the Secretary shall give priority ‘‘(F) the use of technology, including dis- retary shall allot funds to each State for pro- to designing and implementing new models tance learning, to enhance learning; grams under this part based on the ratio that of professional development for educators, ‘‘(G) the preparation of students for new its allotment under section 108 bears to the and preparing educators to use innovative and advanced technologies and industries, sum of State allotments under part A for forms of instruction, such as worksite learn- such as information technology and tele- that fiscal year. ing and the integration of academic and vo- communications, biotechnology, and robot- ‘‘(2) From the State’s allotment under cational instruction. paragraph (1), the Secretary shall make a ics; grant for each fiscal year to each State that ‘‘(H) enhancing employer-school partner- ‘‘NATIONAL ASSESSMENT has an approved State plan in accordance ships; ‘‘SEC. 203. (a) GENERAL AUTHORITY.—(1) The with section 112(b). ‘‘(I) the development of effective perform- Secretary shall conduct a national assess- ‘‘(b) REALLOTMENT.—If the Secretary deter- ance management systems; ment of services and activities assisted mines that any amount of any State’s allot- ‘‘(J) the creation of innovative learning en- under this Act, through independent studies ment under subsection (a) for any fiscal year vironments with a career focus, such as ca- and analyses, including, when appropriate, will not be required for carrying out the reer academies, and public charter, magnet, studies based on data from longitudinal sur- tech-prep education services and activities and pilot schools; veys, that are conducted through one or for which such amount has been allotted, the ‘‘(K) ‘‘whole school’’ reforms, in which all more competitive awards. Secretary shall make such amount available students are expected to gain academic and ‘‘(2) The Secretary shall appoint an inde- for reallotment to one or more other States computer and other technical skills, and be pendent advisory panel, consisting of admin- to support tech-prep education services and prepared for postsecondary education and ca- istrators, educators, researchers, and rep- activities. Any amount reallotted to a State reer opportunities; and resentatives of employers, parents, coun- under this subsection shall be deemed to be ‘‘(L) improvements in technical education selors, students, special populations, labor, part of its allotment for the fiscal year in at the postsecondary level. and other relevant groups, as well as rep- which it is obligated. ‘‘(2) The Secretary shall coordinate activi- resentatives of Governors and other State ‘‘(c) DISTRIBUTION OF FUNDS.—From the ties carried out under this section with re- and local officials, to advise the Secretary amount made available to each State under lated activities under the School-to-Work on the implementation of such assessment, subsection (a)(2), the State agency or agen- Opportunities Act of 1994, the Goals 2000: including the issues to be addressed, the cies designated in section 102(a) shall award Educate America Act, the Job Training methodology of the studies, and the findings subgrants to consortia of educational insti- Partnership Act, the Higher Education Act and recommendations. The panel, at its dis- tutions on a competitive basis. of 1965, and the Elementary and Secondary cretion, may submit to the Congress an inde- ‘‘(d) EQUITABLE DISTRIBUTION OF ASSIST- Education Act of 1965. pendent analysis of the findings and rec- ANCE.—In making subgrants under this part, ‘‘(3) Research and development activities ommendations of the assessment. the agency or agencies designated under sec- carried out under this section may include ‘‘(b) CONTENTS.—The assessment required tion 102(a) shall ensure an equitable distribu- support for States in their development and under subsection (a) shall examine the ex- tion of assistance between urban and rural implementation of performance goals and in- tent to which services and activities assisted areas of the State. dicators established under section 106. The under this Act have achieved their intended ‘‘TITLE II—NATIONAL SUPPORT FOR Secretary shall broadly disseminate infor- purposes and results, including the extent to STATE AND LOCAL REFORMS mation resulting from research and develop- which— ‘‘AWARDS FOR EXCELLENCE ment activities carried out under this Act, ‘‘(1) State and local recipients are meeting ‘‘SEC. 201. The Secretary may, from the and shall ensure broad access at the State the performance objectives for their pro- amount reserved under section 3(b)(1) for any and local levels to the information dissemi- grams established by the Secretary under fiscal year after the fiscal year 2000, and nated. the Government Performance and Results through a peer review process, make per- ‘‘(4) Activities carried out under this sec- Act, using the performance indicators under formance awards to one or more States that tion may include support for occupational section 106(b); have— and career information systems, such as the ‘‘(2) State and local services and activities ‘‘(1) exceeded in an outstanding manner system described in section 206. have developed, implemented, or improved their performance goals or expected level of ‘‘(b) PROFESSIONAL DEVELOPMENT.—(1) The systems established under the School-to- performance under section 103(e)(2)(B); Secretary may, directly, or through grants, Work Opportunities Act of 1994;

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7001 ‘‘(3) services and activities assisted under ‘‘(1) consult at least annually with the na- ‘‘(D) corrupt the use or value of data col- this Act succeed in preparing students, in- tional center or centers and with experts in lected for the National Assessment. cluding students who are members of special education to ensure that the activities of the ‘‘NATIONAL OCCUPATIONAL INFORMATION populations, for postsecondary education, national center or centers meet the needs of COORDINATING COMMITTEE further learning, and entry into high-skill, career preparation education programs; and ‘‘SEC. 206. (a) IN GENERAL.—There is estab- high-wage careers; ‘‘(2) undertake an independent review of lished a National Occupational Information ‘‘(4) students who participate in services award recipients under this section prior to Coordinating Committee (in this section re- and activities supported under this Act suc- extending an award to such recipient beyond ferred to as the ‘Committee’) which shall ceed in meeting challenging State academic 5 years. consist of the Assistant Secretary for Voca- standards and industry-recognized skill ‘‘DATA SYSTEMS tional and Adult Education, the Commis- standards; ‘‘SEC. 205. (a) IN GENERAL.—The Secretary sioner of the Rehabilitation Services Admin- ‘‘(5) services and activities assisted under shall maintain a data system to collect in- istration, the Director of the Office of Bilin- this Act are integrated with, and further, formation about, and report on, the condi- gual Education and Minority Languages Af- broad-based education reform; and tion of career preparation education and on fairs, the Assistant Secretary for Postsec- ‘‘(6) the program improvement, participa- the effectiveness of State and local pro- ondary Education, the Assistant Secretary tion, local and State assessment, and ac- grams, services, and activities carried out for Elementary and Secondary Education, countability provisions of this Act, including under this Act in order to provide the Sec- the Commissioner of the National Center for the performance goals and indicators estab- retary and the Congress, as well as Federal, Education Statistics of the Department of lished under section 106, are effective. State, local, and tribal agencies, with infor- Education, the Commissioner of Labor Sta- ‘‘(c) REPORT.—The Secretary shall submit mation relevant to improvement in the qual- tistics and the Assistant Secretary for Em- to the Congress an interim report on or be- ity and effectiveness of career preparation. ployment and Training of the Department of fore July 1, 2001, and a final report on or be- The Secretary shall periodically report to Labor, the Under Secretary for Research, fore July 1, 2002. the Congress on the Secretary’s analysis of Education, and Economics of the Depart- ‘‘NATIONAL RESEARCH CENTER performance data collected each year pursu- ment of Agriculture, the Assistant Secretary ‘‘SEC. 204. (a) GENERAL AUTHORITY.—(1) The ant to this Act. for Economic Development of the Depart- Secretary may, through grants, contracts, or ‘‘(b) CONTENTS.—The data system shall— ment of Commerce, and the Assistant Sec- cooperative agreements, establish one or ‘‘(1) provide information on the participa- retary of Defense (Force Management and more national centers in the areas of— tion and performance of students, including Personnel). The Committee shall provide ‘‘(A) applied research and development; students who are members of special popu- funds, on an annual basis, to State occupa- and lations; tional information coordinating committees ‘‘(B) dissemination and training. ‘‘(2) include data that are at least nation- and to eligible recipients and shall— ‘‘(2) The Secretary shall consult with ally representative; ‘‘(1) in the use of program and employment States prior to establishing one or more such ‘‘(3) report on career preparation in the data, improve coordination and communica- centers. context of education reform; and tion among administrators and planners of ‘‘(4) be based, to the extent feasible, on ‘‘(3) Entities eligible to receive funds under education and employment and training pro- data from general purpose data systems of this section are institutions of higher edu- grams, including corrections and welfare the Department or other Federal agencies, cation, other public or private nonprofit or- programs, at the Federal, State, and local augmented as necessary with data from addi- ganizations or agencies, and consortia of levels; tional surveys focusing on career prepara- such institutions, organizations, or agencies. ‘‘(2) coordinate the efforts of Federal, tion education. ‘‘(b) ACTIVITIES.—(1) The national center or State, and local agencies and tribal agencies ‘‘(c) COORDINATION.—(1) The Secretary centers shall carry out such activities as the with respect to such programs. shall consult with a wide variety of experts Secretary determines to be appropriate to ‘‘(3) develop and implement, in cooperation in academic and occupational education, in- assist State and local recipients of funds with State and local agencies, an occupa- cluding individuals with expertise in the de- under this Act to achieve the purpose of this tional information system to meet the com- velopment and implementation of career Act, which may include activities in such mon occupational information needs of edu- preparation education, in the development of areas as— cation programs and employment and train- data collections and reports under this sec- ‘‘(A) the integration of vocational and aca- ing programs at the national, State, and tion. demic instruction, secondary and postsec- local levels; ‘‘(2) In maintaining the data system, the ‘‘(4) conduct studies to improve the quality ondary instruction, and work-based and Secretary shall— and delivery of occupational and career in- classroom-based instruction and connecting ‘‘(A) ensure that the system, to the extent formation; and activities; practicable, uses comparable information ‘‘(5) develop curricula and career informa- ‘‘(B) effective inservice and preservice elements and uniform definitions common to tion resources and provide training and tech- teacher education that assists career prepa- State plans, performance indicators, and nical assistance consistent with section ration education systems at the elementary, State and local assessments; and 453(b)(2) of the Job Training Partnership Act secondary, and postsecondary levels; ‘‘(B) cooperate with the Secretaries of in support of comprehensive guidance and ‘‘(C) performance goals and indicators that Commerce and Labor to ensure that the data counseling programs designed to promote serve to improve career preparation edu- system is compatible with other Federal in- improved career decision making by individ- cation programs and student outcomes; formation systems regarding occupational uals. ‘‘(D) effects of economic changes on the data, and to the extent feasible, allow for ‘‘(b) STATE COMMITTEES.—Each State re- kinds of knowledge and skills required for international comparisons. ceiving assistance under this Act shall estab- employment; ‘‘(d) ASSESSMENTS.—(1) As a regular part of lish a State occupational information co- ‘‘(E) longitudinal studies of student its assessments, the National Center for Edu- ordinating committee composed of rep- achievement; and cation Statistics shall, as appropriate, col- resentatives of the State education, voca- ‘‘(F) dissemination and training activities lect and report information on career prepa- tional education, and postsecondary edu- related to the applied research and dem- ration education for a nationally representa- cation agencies, the State employment secu- onstration activities described in this sub- tive sample of students, including, to the ex- rity agency, the State economic develop- section, which may also include— tent feasible, fair and accurate assessments ment agency, the State job training coordi- ‘‘(i) serving as a repository for industry- of the educational achievement of special nating council, and the agency admin- recognized skill standards, State academic populations. Such assessment may include istering the vocational rehabilitation pro- standards, and related materials; and international comparisons. gram. Such committee shall, with funds ‘‘(ii) developing and maintaining national ‘‘(2) The Commissioner of Education Sta- available to it from the National Occupa- networks of educators who facilitate the de- tistics may authorize a State educational tional Information Coordinating Committee velopment of career preparation education agency, or consortium of such agencies, to established under subsection (a)— systems. use items and data from the National Assess- ‘‘(1) implement an occupational informa- ‘‘(2) The center or centers conducting the ment of Educational Progress for the pur- tion system in the State that will meet the activities described in paragraph (1) shall an- pose of evaluating a course of study related common needs for the planning for, and the nually prepare a summary of key research to services and activities under title I, if the operation of, education and employment and findings of such center or centers and shall Commissioner has determined in writing training programs, including corrections and submit copies of the summary to the Secre- that such use will not— welfare; taries of Education, Labor, and Health and ‘‘(A) result in the identification of charac- ‘‘(2) implement a career information deliv- Human Services. The Secretary shall submit teristics or performance of individual ery system; and, that summary to the Committee on Labor schools or students; ‘‘(3) conduct training and technical assist- and Human Resources of the Senate, and the ‘‘(B) result in the ranking or comparing of ance in support of personnel delivering ca- Committee on Education and the Workforce schools or local educational agencies; reer development services. of the House of Representatives. ‘‘(C) be used to evaluate the performance of ‘‘(c) ALLOCATION.—Of amounts made avail- ‘‘(c) REVIEW.—From funds available for teachers, principals, or other local educators able by the Secretary to carry out the provi- this title, the Secretary shall— for reward or punishment; or sions of this section, the Committee shall

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7002 CONGRESSIONAL RECORD — SENATE July 8, 1997 use not less than 75 percent of such funds to this subsection. An eligible applicant that benefit of Native Hawaiians, services and ac- support State occupational information co- receives written notification that the Sec- tivities that are consistent with the purpose ordinating committees for the purpose of op- retary will not award it a grant or coopera- of this Act and conducted in accordance with erating State occupational information sys- tive agreement may submit written objec- the priorities described in section 101(b). tems and career information delivery sys- tions to that notice in accordance with regu- ‘‘(2) To receive assistance under this sub- tems. lations of the Secretary. section, the organization, institution, or ‘‘(d) GIFTS, BEQUESTS, AND DEVISES.—The ‘‘(ii) A grant or cooperative agreement agency shall apply to the Secretary in such Committee may accept, administer, and use under this subsection with any Bureau-fund- manner and at such time as the Secretary gifts or donations of services, money, or ed school shall not be subject to the require- may require. property, whether real or personal, tangible ments of the Indian Self-Determination Act ‘‘(e) ACCOUNTABILITY.—The Secretary shall or intangible. of the Act of April 16, 1934. require from each institution assisted under ‘‘(2) The responsible official shall establish ‘‘(C) Any tribal organization or Bureau- this section such information regarding fis- written rules setting forth the criteria to be funded school eligible to receive assistance cal control and program quality and effec- used by the Committee in determining under this subsection may apply individually tiveness as is reasonable. whether the acceptance of contributions of or as part of a consortium with another trib- ‘‘(f) DEFINITIONS.—For the purposes of this services, money, or property would reflect al organizational or school. section: ‘‘(1) The term ‘Bureau-funded school’ has unfavorably upon the ability of the Institute ‘‘(D) The Secretary may not place upon the same meaning given ‘Bureau funded or any employee to carry out its responsibil- such grants or cooperative agreements any school’ in section 1146(3) of the Education ities or official duties in a fair and objective restrictions relating to programs or results Amendments of 1978 (25 U.S.C. 2026(3)). other than those they apply to grants or co- manner, or would compromise the integrity, ‘‘(2) The term ‘full-time equivalent Indian operative agreements to States under this or the appearance of the integrity, of its pro- students’ means the sum of the number of grams or any official involved in those pro- Act. Indian student enrolled full time at an insti- ‘‘(3) Any tribal organization or Bureau- grams. tution, plus the full-time equivalent of the funded school receiving assistance under this ‘‘(e) EXPERTS AND CONSULTANTS.—The number of Indian students enrolled part time subsection may provide stipends to students Committee may procure temporary and (determined on the basis of the quotient of intermittent services under section 3109(b) of who are undertaking career preparation edu- the sum of the credit hours of all part-time title 5, United States Code. cation and who have acute economic needs students divided by 12) at such institution. ‘‘CAREER PREPARATION EDUCATION FOR INDIANS that cannot be met through work-study pro- ‘‘(3) The term ‘Indian’ means a member of AND NATIVE HAWAIIANS grams. an Indian tribe. ‘‘(4) In making grants or cooperative agree- ‘‘(4) The term ‘Indian tribe’ has the mean- ‘‘SEC. 207. (a) ALLOTMENT FOR INDIANS AND ments under this subsection, the Secretary ing given that term in section 102(2) of the NATIVE HAWAIIANS.—In each fiscal year, from shall give special consideration to awards Federally Recognized Indian Tribe List Act the amount the Secretary reserves under that involve, are coordinated with, or en- section 3(b)(2)— of 1994 (25 U.S.C. 479a(2)). courage, tribal economic development plans. ‘‘TITLE III—GENERAL PROVISIONS ‘‘(1) 1.5 percent shall be available for car- ‘‘(c) ASSISTANT TO TRIBALLY CONTROLLED ‘‘WAIVERS rying out subsections (b) and (c); and POSTSECONDARY VOCATIONAL INSTITUTIONS.— ‘‘(2) 0.25 percent shall be available for car- (1) The Secretary may make 4-year grants to ‘‘SEC. 301. (a) REQUEST FOR WAIVER.—Any rying out subsection (d). tribally controlled postsecondary vocational State may request, on its own behalf or on ‘‘(d) ASSISTANCE TO TRIBES OR BUREAU- institution to provide to Indian students behalf of a local recipient, a waiver by the FUNDED SCHOOLS.—(1)(A) From funds re- services and activities that are consistent Secretary of one or more statutory or regu- served under subsection (a)(1) for each fiscal with the purpose of this Act and conducted latory provisions described in this section in year, the Secretary shall make grants to, or in accordance with the priorities described order to carry out more effectively State ef- enter into cooperative agreements with, trib- in section 101(b), including support for the forts to reform education and develop, imple- al organizations of eligible Indian tribes or operation, maintenance, and capital ex- ment, or improve career preparation edu- Bureau-funded schools to develop and pro- penses of such institution. cation, including tech-prep edcuation, in the vide services and activities that are con- ‘‘(2) To be eligible for assistance under this State. sistent with the purpose of this Act and con- subsection, a tribally controlled postsec- ‘‘(b) GENERAL AUTHORITY.—(1) Except as ducted in accordance with the priorities de- ondary vocational institution shall— provided in subsection (d), the Secretary scribed in section 101. ‘‘(A) be governed by a board of directors or may waive any requirement of any statute ‘‘(B) Any tribal organization or Bureau- trustees, a majority of whom are Indians; listed in subsection (c), or of the regulations funded school that receives assistance under ‘‘(B) demonstrate adherence to stated issued under that statute, for a State that this subsection shall— goals, a philosophy, or a plan or operation requests such a waiver— ‘‘(i) establish performance goals and indi- that fosters individual Indian economic self- ‘‘(A) if, and only to the extent that the cators to define the level of performance to sufficiency; Secretary determines that such requirement be achieved by students served under this ‘‘(C) have been in operation for at least 3 impedes the ability of the State to carry out subsection; years; State efforts to reform education and de- ‘‘(ii) evaluate the quality and effectiveness ‘‘(D) hold accreditation with, or be a can- velop, implement, or improve career prepara- of services and activities provided under this didate for accreditation by, a nationally rec- tion education in the State; subsection; ognized accrediting authority for postsec- ‘‘(B) if the State waives, or agrees to ‘‘(iii) provide guidance and counseling ondary vocational education; waive, any similar requirements of State services to students; and ‘‘(E) offer technical degrees or certificate- law; ‘‘(iv) help to ensure that students served granting programs; and ‘‘(C) if, in the case of a statewide waiver, under this subsection have an opportunity to ‘‘(F) enroll the full-time equivalent of not the State— achieve to challenging academic and indus- less than 100 students, of whom a majority ‘‘(i) has provided all local recipients of as- try recognized skill standards, receive high are Indians. sistance under this Act in the State with no- school diplomas, skill certificates, and post- ‘‘(3) To receive assistance under this sub- tice of, and an opportunity to comment on, secondary certificates or degrees, and enter section, a tribally controlled postsecondary the State’s proposal to request a waiver; and ‘‘(ii) has submitted the comments of such employment related to their course work. vocational institution shall apply to the Sec- recipients to the Secretary; and ‘‘(2)(A) The Secretary shall make such a retary in such manner and at such time as ‘‘(D) if the State provided such information grant or cooperative agreement— the Secretary may require. as the Secretary reasonably requires in order ‘‘(i) upon the request of any Indian tribe ‘‘(4) The Secretary shall, based on the to make such determinations. that is eligible to contract with the Sec- availability of appropriations, distribute to ‘‘(2) The Secretary shall act promptly on retary of the Interior for programs under the each tribally controlled vocational institu- any request submitted under paragraph (l). Indian Self-Determination Act or the Act of tion having an approved application an ‘‘(3) Each waiver approved under this sub- April 16, 1934; or amount based on full-time equivalent Indian section shall be for a period not to exceed ‘‘(ii) upon the application (filed under such students at each such institution. five years, except that the Secretary may ex- conditions as the Secretary may require) of ‘‘(d) ASSISTANCE TO NATIVE HAWAIIANS.—(1) tend such period if the Secretary determines any Bureau-funded school that offers sec- In recognition of the findings and declara- that the waiver has been effective in ena- ondary programs. tions made by Congress in section 9202 of the bling the State to carry out the purpose of ‘‘(B)(i) A grant or cooperative agreement Elementary and Secondary Education Act of this Act. under this subsection with any tribal organi- 1965 (20 U.S.C. 7902), the Secretary shall, ‘‘(c) PROGRAMS.—(1) The statutes subject zational shall be subject to the terms and from the funds reserved under subsection to the waiver authority of the Secretary conditions of section 102 of the Indian Self- (a)(2) for each fiscal year, make one or more under this section are— Determination Act, except section 102(b), grants to, or enter into one or more coopera- ‘‘(A) this Act; and shall be conducted in accordance with tive agreements with, organizations, institu- ‘‘(B) part A of title I of the Elementary and the provisions of sections 4, 5, and 6 of the tions, or agencies with experience providing Secondary Education Act of 1965 (author- Act of April 16, 1934 that are relevant to the educational and related services to Native izing programs and activities to help dis- services and activities administered under Hawaiians to develop and provide, for the advantaged children meet high standards);

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7003 ‘‘(C) part B of title II of the Elementary that either the fiscal effort per student or State as an administrative agency for the and Secondary Education Act of 1965 (Dwight the aggregate expenditures of such State for State’s career preparation education schools D. Eisenhower Professional Development career preparation education, including or for career preparation education programs Program); tech-prep education programs, for the fiscal within its public elementary or secondary ‘‘(D) title IV of the Elementary and Sec- year preceding the fiscal year for which the schools. ondary Education Act of 1965 (Safe and Drug- determination is made was not less than 90 ‘‘(7) The term ‘limited English proficiency’ Free Schools and Communities Act of 1994); percent of such fiscal effort or aggregate ex- has the meaning given such term in section ‘‘(E) title VI of the Elementary and Sec- penditures for career preparation education 7501(8) of the Elementary and Secondary ondary Education Act of 1965 (Innovative for the second fiscal year preceding the fiscal Education Act of 1965. Education Program Strategies); year for which the determination is made. ‘‘(8) The term ‘local educational agency’ ‘‘(F) part C of title VII of the Elementary (b) The Secretary shall reduce the amount has the same meaning as given that term and Secondary Education Act of 1965 (Emer- of allotments of funds under part A and part under section 4(10) of the School-to-Work Op- gency Immigrant Education Program); and B for any fiscal year in the exact proportion portunities Act of 1994. ‘‘(G) the School-to-Work Opportunities Act by which the State fails to meet the require- ‘‘(9) The term ‘postsecondary educational of 1994. ments of subsection (a) by falling below 90 institution’ means— ‘‘(2) The Secretary may not waive any re- percent of either the fiscal effort per student ‘‘(A) an institution of higher education, as quirement under paragraph (1)(G) without or aggregate expenditures (using the meas- defined in section 1201(a) of the Higher Edu- the concurrence of the Secretary of Labor. ure most favorable to the State), and no such cation Act of 1965, that provides not less ‘‘(d) WAIVERS NOT AUTHORIZED.—The Sec- lesser amount shall be used for computing than a 2-year program which is acceptable retary may not waive any statutory or regu- the effort required under subsection (a) for for full credit toward a bachelor’s degree; latory requirement of the programs listed in subsequent years. ‘‘(B) a tribally controlled community col- subsection (c) relating to— (c) The Secretary may waive, for one fiscal lege; or ‘‘(1) the basic purposes or goals of the af- year only, the requirements of this section if ‘‘(C) a not-for-profit educational institu- fected programs; the Secretary determines that such a waiver tion offering apprenticeship programs of at ‘‘(2) maintenance of effort; would be equitable due to exceptional or un- least 2 years beyond the completion of sec- ‘‘(3) comparability of services; controllable circumstances such as a natural ondary school. ‘‘(4) the equitable participation of students disaster or a precipitous and unforeseen de- ‘‘(10) The term ‘school dropout’ has the attending private schools; cline in the financial resources of the State. same meaning as given that term under sec- ‘‘(5) parental participation and involve- ‘‘IDENTIFICATION OF STATE-IMPOSED tion 4(17) of the School-to-Work Opportuni- ment; REQUIREMENTS ties Act of 1994. ‘‘(6) the distribution of funds to States or ‘‘(11) The term ‘Secretary’ means the Sec- to local recipients; ‘‘SEC. 304. Any State rule or policy imposed retary of Education. ‘‘(7) the eligibility of an individual for par- on the provision of services or activities ‘‘(12) The term ‘skill certificate’ has the ticipation in the affected programs; funded by this Act, including any rule or pol- same meaning as given that term under sec- ‘‘(8) public health or safety, labor stand- icy based on State interpretation of any Fed- tion 4(22) of the School-to-Work Opportuni- ards, civil rights, occupational safety and eral law, regulation, or guidelines, shall be ties Act of 1994. health, or environmental protection; or identified as a State-imposed requirement. ‘‘(13) The term ‘special populations’ in- ‘‘(9) prohibitions or restrictions relating to ‘‘OUT-OF-STATE RELOCATIONS cludes students with disabilities, education- the construction of buildings or facilities. ‘‘SEC. 305. No funds provided under this Act ally or economically disadvantaged students, ‘‘(e) TERMINATION OF WAIVERS.—The Sec- shall be used for the purpose of directly pro- students of limited English proficiency, dis- ondary shall periodically review the per- viding incentives or inducements to an em- placed homemakers, teen parents, single formance of any State for which the Sec- ployer to relocate a business enterprise from pregnant women, foster children, migrant retary has granted a waiver under this sec- one State to another if such relocation children, school dropouts, students who are tion and shall terminate such waiver if the would result in a reduction in the number of identified as being at-risk of dropping out of Secretary determines that the performance jobs available in the State where the busi- secondary school, students who are seeking of the State affected by the waiver has been ness enterprise is located before such incen- to prepare for occupations that are not tradi- inadequate to justify a continuation of the tives or inducements are offered. tional for their gender, and, to the extent waiver, or the State fails to waive similar re- ‘‘ENTITLEMENT feasible, individuals younger than age 25 in quirements of State law in accordance with correctional institutions. subsection (b)(1)(B). ‘‘SEC. 306. Nothing in this Act shall be con- strued to provide any individual with an en- ‘‘(14) except as otherwise provided, the ‘‘EFFECT OF FEDERAL PAYMENTS titlement to services under this Act. term ‘State’ includes, in addition to each of ‘‘SEC. 302. (a) STUDENT FINANCIAL ASSIST- ‘‘DEFINITIONS the several States, the District of Columbia, ANCE.—(1) The portion of any student finan- the Commonwealth of Puerto Rico, the Vir- ‘‘SEC. 307. As used in this Act, unless other- cial assistance received under this Act that gin Islands, Guam, American Samoa, and the wise noted: is made available for attendance costs de- Northern Mariana Islands. ‘‘(1) The term ‘all aspects of an industry’ scribed in paragraph (2) shall not be consid- ‘‘(15) The term ‘State educational agency’ has the same meaning as given that term ered as income or resources in determining has the same meaning as given that term under section 4(1) of the School-to-Work Op- eligibility for assistance under any program under section 4(24) of the School-to-Work Op- portunities Act of 1994. of welfare benefits, including the Temporary portunities Act of 1994. ‘‘(2) The term ‘area vocational education Assistance to Needy Families program, that ‘‘(16) The term ‘students with disabilities’ is funded in whole or part with Federal school’ means— ‘‘(A) a special public high school that pro- means students who have a disability or dis- funds. vides vocational education to students who abilities, as such term is defined in section ‘‘(2) For purposes of this subsection, at- are preparing to earn a high school diploma 3(2) of the Americans With Disabilities Act tendance costs are— or its equivalency and to enter the labor of 1990. ‘‘(A) tuition and fees normally assessed a ‘‘(17) The term ‘tribally controlled commu- student carrying the same academic work- market, or ‘‘(B) a public technical institute or voca- nity college’ means an institution that re- load, as determined by the institution, in- tional school that provides vocational edu- ceives assistance under the Tribally Con- cluding costs for rental or purchase of any cation to individuals who have completed or trolled Community College Assistance Act of equipment, materials, or supplies required of left high school and who are preparing to 1976 or the Navajo Community College Act.’’. all students in the same course of study; and TITLE II—EFFECTIVE DATES; ‘‘(B) an allowance for books, supplies, enter the labor market. ‘‘(3) The term ‘career guidance and coun- TRANSITION transportation, dependent care, and mis- seling’ has the same meaning as given that cellaneous personal expenses for a student EFFECTIVE DATE term under section 4(4) of the School-to- attending the institution on at least a half- SEC. 201. This Act shall take effect on July Work Opportunities Act of 1994. time basis, as determined by the institution. 1, 1998. ‘‘(4) The term ‘community-based organiza- ‘‘(b) INSTITUTIONAL AID.—No State shall tion’ means any such organization of dem- TRANSITION take into consideration payments under this onstrated effectiveness described in section SEC. 202. Notwithstanding any other provi- Act in determining, for any educational 4(5) of the Job Training Partnership Act. sions of law— agency or institution in that State, the eligi- ‘‘(5) The term ‘institution of higher edu- (1) upon enactment of the Career Prepara- bility for State aid, or the among of State cation’ has the same meaning as given that tion Education Reform Act of 1997, a State aid, with respect to public education within term under section 1201(a) of the Higher Edu- or local recipient of funds under the Carl D. the State. cation Act of 1965. Perkins Vocational and Applied Technology ‘‘MAINTENANCE OF EFFORT ‘‘(6) The term ‘intermediate educational Education Act may use any such unexpended ‘‘SEC. 303. (a) Except as provided in sub- agency’ means a combination of school dis- funds to carry out services and activities section (b), a State may receive its full allot- tricts or counties (as defined in section that are authorized by either such Act or the ment of funds under part A and part B for 14101(9) of the Elementary and Secondary Carl D. Perkins Career Preparation Edu- any fiscal year only if the Secretary finds Education Act of 1965) as are recognized in a cation Act; and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7004 CONGRESSIONAL RECORD — SENATE July 8, 1997 (2) a State or local recipient of funds under inserting in lieu thereof ‘‘Carl D. Perkins Ca- ‘‘(ii) be coordinated with activities con- the Carl D. Perkins Career Preparation Edu- reer Preparation Education Act’’; ducted by other educational and training en- cation Act for the fiscal year 1998 may use (8) in section 314(g)(2), by striking out ‘‘Vo- tities that provide relevant technical assist- such funds to carry out services and activi- cational and Applied Technology’’ and in- ance;’’. ties that are authorized by either such Act serting in lieu thereof ‘‘Career Preparation’’; AMENDMENTS TO THE SCHOOL-TO-WORK or were authorized by the Carl D. Perkins (9) in section 427(a)(1), by striking ‘‘local OPPORTUNITIES ACT OF 1994 agencies, including a State board or agency Vocational and Applied Technology Edu- SEC. 303. The School-to-Work Opportuni- designated pursuant to section 111(a)(1) of cation Act prior to its amendment. ties Act (20 U.S.C. 1601 et seq.) is amended— TITLE III—AMENDMENTS TO OTHER the Carl D. Perkins Vocational Act which (1) in section 202(a)(3), by striking ‘‘Voca- ACTS operates or wishes to develop area vocational tional and Applied Technology’’ and insert- education school facilities or residential vo- ing in lieu thereof ‘‘Career Preparation’’; AMENDMENTS TO THE JOB TRAINING cational schools (or both) as authorized by PARTNERSHIP ACT (2) in section 203(b)(2), by striking clause such Act, or private organizations’’ and in- (I) and redesignating clauses (J) and (K) as SEC. 301. The Job Training Partnership Act serting in lieu thereof ‘‘local agencies, or clauses (I) and (J), respectively; (29 U.S.C. 1501 et seq.) is amended— private organizations’’; (3) in section 213— (1) in section (4)— (10) in section 455(b), by striking ‘‘Carl D. (A) in subsection (d)(6)(B), by striking ‘‘Vo- (A) in paragraph (14), by striking ‘‘in sec- Perkins Vocational and Applied Technology cational and Applied technology’’ and insert- tion 521(22) of the Carl D. Perkins Vocational Education Act (20 U.S.C. 2301 et seq.)’’ and ing in lieu thereof ‘‘Career Preparation’’, and Education Act’’ and inserting in lieu thereof inserting in lieu thereof ‘‘Carl D. Perkins Ca- (B) in subsection (b)(4), by striking clause ‘‘section 4(10) of the School-to-Work Oppor- reer Preparation Education Act’’; (I) and redesignating clauses (J) and (K) as tunities Act of 1994’’; and (11) in section 461(c), by striking out ‘‘Vo- clauses (I) and (J), respectively, (B) in paragraph (28), by striking ‘‘Voca- cational’’ and inserting in lieu thereof ‘‘Ca- (4) in section 403(a), by striking ‘‘the indi- tional Education Act’’ and inserting in lieu reer Preparation’’; viduals assigned under section 111(b)(1) of the thereof ‘‘Vocational and Applied Technology (12) in section 464— Carl D. Perkins Vocational and Applied Education Act as in effect on the day prior (A) in subsection (a), by striking out ‘‘Carl Technology Education Act (20 U.S.C. to the date of enactment of the Career Prep- D. Perkins Vocational Education Act)’’ and 2321(b)(1)),’’, aration Education Reform Act of 1997’’; inserting in lieu thereof ‘‘Carl D. Perkins (5) in section 404— (2) in section 121(a)(2), by adding at the end Vocational and Applied Technology Edu- (A) by inserting ‘‘and’’ after ‘‘(29 U.S.C. thereof the following sentence: ‘‘The State cation Act as in effect on the day prior to 1733(b)),’’; and may submit such plan as part of a State the date of enactment of the Career Prepara- (B) by striking ‘‘and the National Network plan, or amendment to a State plan, under tion Education Reform Act of 1997)’’; for Curriculum Coordination in Vocational the Carl D. Perkins Career Preparation Edu- (B) in subsection (b), by striking out ‘‘In Education under section 402(c) of the Carl D. cation Act or the School-to-Work Opportuni- addition to its responsibilities under the Carl Perkins Vocational and Applied Technology ties Act of 1994.’’; D. Perkins Vocational Education Act, the’’ Education Act (20 U.S.C. 2402(C)),’’; (3) in section 122(b)— and inserting in lieu thereof ‘‘The’’; and (6) in section 502(b)(6), by striking ‘‘Voca- (A) by amending paragraph (8) to read as (C) in subsection (c), by striking out ‘‘this tional and Applied Technology’’ and insert- follows: Act, under section 422 of the Carl D. Perkins ing in lieu thereof ‘‘Career Preparation’’; and ‘‘(8) consult with the appropriate State Vocational Education Act, and’’ and insert- (7) in section 505— agency under section 105 of the Carl D. Per- ing in lieu thereof ‘‘this Act and’’; (A) in subsection (a)(2)(B)(i), by striking kins Career Preparation Education Act to (13) in section 605(c), by striking out ‘‘Vo- ‘‘section 102(a)(3) of the Carl D. Perkins Vo- obtain a summary of activities and an anal- cational Education Act)’’ and inserting in cational and Applied Technology Education ysis of result in training women in nontradi- lieu thereof ‘‘Vocational and Applied Tech- Act (20 U.S.C. 2312(a)(3)’’ and inserting in tional employment under such Act, and an- nology Education Act as in effect on the day lieu thereof ‘‘section 112(c) of the Carl D. nually disseminate such summary to service prior to the date of enactment of the Career Perkins Career Preparation Education Act’’; delivery areas, service providers throughout Preparation Education Reform Act of 1995)’’; and the State, and the Secretary;’’; and (14) in section 701(b)— (B) in subsection (e), by striking ‘‘section (B) in paragraph (11)(B), by striking ‘‘sec- (A) by amending paragraph (1) to read as 201(b) of the Carl D. Perkins Vocational and tion 113(b)(14) of the Carl D. Perkins Voca- follows: Applied Technology Education Act (20 U.S.C. tional Education Act’’ and inserting in lieu ‘‘(1) IN GENERAL.—For purposes of this 2312(a)(3)’’ and inserting in lieu thereof ‘‘sec- thereof ‘‘section 105(e)(2) of the Carl D. Per- title, the term ‘applicable Federal human re- tion 102 of the Carl D. Perkins Career Prepa- kins Career Preparation Education Act’’; source program’ includes any program au- ration Education Act’’. (4) in section 123(c)— thorized under the provisions of law de- AMENDMENTS TO THE ELEMENTARY AND (A) in paragraph (1)(E)(iii), by striking scribed under paragraph (2)(A) that the Gov- SECONDARY EDUCATION ACT OF 1965 ‘‘Carl D. Perkins Vocational and Applied ernor and the head of the State agency or SEC. 304. The Elementary and Secondary Technology Education Act (20 U.S.C. 2301 et agencies responsible for the administration Education At of 1965 (20 U.S.C. 6301 et seq.) is seq.)’’ and inserting in lieu thereof ‘‘Carl D. of such program jointly agree to include amended— Perkins Career Preparation Education Act’’; within the jurisdiction of the State Coun- (1) in section 1114(b)(2)(C)(v), by striking and cil.’’; and ‘‘Vocational and Applied Technology’’ and (B) in paragraph (2)(D)(iii), by striking (B) in paragraph (2)(A)(ii), by striking inserting in lieu thereof ‘‘Career Prepara- ‘‘Vocational and Applied Technology’’ and ‘‘Carl D. Perkins Vocational and Applied tion’’; inserting in lieu thereof ‘‘Career Prepara- Technology Education Act (20 U.S.C. 2301 et (2) in section 9115(b)(5), by striking ‘‘Voca- tion’’; seq.)’’ and inserting in lieu thereof ‘‘Carl D. tional and Applied Technology’’ and insert- (5) in section 125— Perkins Career Preparation Education Act’’; ing in lieu thereof ‘‘Career Preparation’’; (A) in subsection (a), by inserting after and (3) by amending section 14302(a)(2)(C) to ‘‘coordinating committee’’ a comma and ‘‘as (15) in section 703(a)(2), by striking the read as follows: ‘‘(C) services and activities described in section 422(b) of the Carl D. Per- comma after ‘‘section 123(a)(2)(D)’’ and ‘‘ex- under section 102 of the Carl D. Perkins Ca- kins Vocational and Applied Technology cept that, with respect to the Carl D. Per- reer Preparation Education Act;’’ and Education Act as in effect on the day prior kins Vocational and Applied Technology (4) in section 14307(a)(1), by striking ‘‘Voca- to the date of enactment of the Career Prep- Education Act (20 U.S.C. 2301 et seq.), such tional and Applied Technology’’ and insert- aration Education Reform Act of 1997,’’; State may use funds only to the extent pro- ing in lieu thereof ‘‘Career Preparation’’. (B) in subsection (b)(1), by striking out vided under section 112(g) of such Act’’. AMENDMENTS TO THE GOALS 2000: EDUCATE ‘‘Vocational’’ and inserting in lieu thereof AMENDMENTS TO THE ADULT EDUCATION ACT AMERICA ACT ‘‘Career Preparation’’; and SEC. 302. The Adult Education Act (20 SEC. 305. The Goals 2000: Educate America (C) ion subsection (c), by inserting after U.S.C. 1201 et seq.) is amended— Act (20 U.S.C. 5801 et seq.) is amended— ‘‘Coordinating Committee’’ a comma and ‘‘as (1) in section 322(a)(4), by striking ‘‘Voca- (1) in section 306— established in section 422(a) of the Carl D. tional and Applied Technology’’ and insert- (A) in subsection (c)(1)(A), by inserting be- Perkins Vocational and Applied Technology ing in lieu thereof ‘‘Career Preparation’’; fore the semicolon at the end thereof a Education Act as in effect on the day prior (2) in section 342— comma and ‘‘as in effect on the day prior to to the date of enactment of the Career Prep- (A) in subsection (c)(11), by striking ‘‘Carl the date of enactment of the Career Prepara- aration Education Reform Act of 1997,’’; D. Perkins Vocational Education Act of tion Education Reform Act of 1997, until not (6) in section 205(a)(2), by striking ‘‘Carl D. 1963’’ and inserting in lieu thereof ‘‘Carl D. later than July 1, 2000, and the performance Perkins Vocational and Applied Technology Perkins Career Preparation Education Act’’; goals and indicators developed pursuant to Education Act (20 U.S.C. 2301 et seq.)’’ and and section 107 of the Carl D. Perkins Career inserting in lieu thereof ‘‘Carl D. Perkins Ca- (B) in subsection (d), by striking ‘‘Voca- Preparation Education Act thereafter’’; and reer Preparation Education Act’’; tional’’ and inserting in lieu thereof ‘‘Career (B) in subsection (1), by striking out ‘‘Vo- (7) in section 265(b)(3), by striking ‘‘Carl D. Preparation’’; and cational and Applied Technology’’ and in- Perkins Vocational and Applied Technology (3) by amending section 384(d)(1)(D)(ii) to serting in lieu thereof ‘‘Career Preparation’’; Education Act (20 U.S.C. 2301 et seq.)’’ and read as follows: and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7005 (2) in section 311(b)(6), by striking out ‘‘Vo- tional and Applied Technology’’ and insert- ‘‘(5) There is a strong relationship between cational and Applied Technology’’ and in- ing in lieu thereof ‘‘Career Preparation’’. literacy and poverty. Data from the 1993 Na- serting in lieu thereof ‘‘Career Preparation’’. (i) TRAINING TECHNOLOGY TRANSFER ACT OF tional Adult Literacy Survey show that OTHER TECHNICAL AND CONFORMING 1988.—Section 6107(6) of the Training Tech- adults with very low levels of literacy are AMENDMENTS nology Transfer Act of 1988 (20 U.S.C. 5091 et ten times as likely to be poor as those with seq.) is amended by inserting before the high levels of literacy. SEC. 306. (a) HIGHER EDUCATION ACT OF semicolon at the end thereof a comma and ‘‘(6) Studies, including the National Adult 1965.—The Higher Education Act of 1965 (20 ‘‘as in effect on the day prior to the date of Literacy Survey, have found that more than U.S.C. 1001 et seq.) is amended— enactment of the Career Preparation Edu- one-fifth of American adults demonstrate (1) by amending section 127(2) to read as cation Reform Act of 1997’’. very low literacy skills that make it dif- follows: (j) GENERAL REDESIGNATION.—Any other ficult for them to be economically self-suffi- ‘‘(2) have, as one of the partners partici- references to the Carl D. Perkins Vocational cient, much less enter high-skill, high-wage pating in an articulation agreement, an enti- and Applied Technology Education Act shall jobs, or to assist effectively in their chil- ty that uses funds under title I of the Carl D. be deemed to refer to the Carl D. Perkins Ca- dren’s education. Perkins Career Preparation Education Act reer Preparation Education Act. ‘‘(7) Many Americans desire English in- to support tech-prep education services and struction to help them exercise their rights activities;’’; S. 994 and responsibilities as citizens. (2) in section 481(a)(3)(A), by striking ‘‘sec- ‘‘(8) National studies have also shown that Be it enacted by the Senate and the House of tion 521(4)(C) of the Carl D. Perkins Voca- existing federally supported adult education Representatives of the United States of America tional and Applied Technology Education programs have assisted many adults in ac- in Congress assembled, That this Act may be Act’’ and inserting in lieu thereof ‘‘section quiring basic literacy skills, learning cited as the ‘‘Adult Basic Education and Lit- 305(3)(B) of the Carl D. Perkins Career Prepa- English, or acquiring a high school diploma eracy for the Twenty-First Century Act.’’ ration Education Act’’; (or its equivalent), and that family literacy (3) in section 484(l)(1), by striking ‘‘section TITLE I—AMENDMENT TO THE ADULT programs have shown great potential for 521(4)(C) of the Carl D. Perkins Vocational EDUCATION ACT AMENDMENT breaking the intergenerational cycle of low and Applied Technology Education Act’’ and SEC. 101. The Adult Education Act (20 literacy and having a positive effect on later inserting in lieu thereof ‘‘section 305(3)(B) of U.S.C. 1201 et seq.; hereinafter referred to as school performance and high school comple- the Carl D. Perkins Career Preparation Edu- ‘‘the Act’’) is amended in its entirety to read tion, especially for children from low-income cation Act’’; and as follows: families. (4) in section 503(b)(2)(B)(vi), by striking ‘‘TITLE III—ADULT BASIC EDUCATION ‘‘(9) Currently, the Adult Education Act ‘‘in a Tech-Prep program under section 344 of AND LITERACY PROGRAMS lacks adequate accountability requirements, the Carl D. Perkins Vocational and Applied and contains set-asides and categorical pro- ‘‘SEC. 301. (a) SHORT TITLE.—This title may Technology Education Act’’ and inserting in be cited as the ‘Adult basic Education and grams that are often narrowly focused on lieu thereof ‘‘in a tech-prep program sup- Literacy Act’. specific populations or methods of service ported through services and activities under ‘‘(b) TABLE OF CONTENTS.—The table of delivery, thus inhibiting the capacity of the Carl D. Perkins Career Preparation Edu- contents for this title is as follows: State and local officials to implement pro- cation Act’’. grams that meet the needs of individual (b) INDIVIDUALS WITH DISABILITIES EDU- ‘‘TABLE OF CONTENTS States and localities. CATION ACT.—Section 626(g) of the Individ- ‘‘Sec. 301. Short title; table of contents. ‘‘(10) The Federal Government, in partner- uals and Disabilities Education Act (20 ‘‘Sec. 302. Findings; purpose. ship with States and localities, can assist U.S.C. 1400 et seq.) is amended by striking ‘‘Sec. 303. Authorization of appropriations. States and localities to improve and expand out ‘‘Vocational and Applied Technology’’ ‘‘PART A—ADULT EDUCATION AND LITERACY their adult education and literacy programs and inserting in lieu thereof ‘‘Career Prepa- ‘‘Sec. 311. Program Authority; Priorities. through provision of clear performance goals ration’’. ‘‘Sec. 312. State Grants for Adult Education and indicators, increased State and local (c) REHABILITATION ACT OF 1973.—Section and Literacy. flexibility, improved accountability, and in- 101(a)(11)(A) of the Rehabilitation Act of 1973 ‘‘Sec. 313. State Leadership Activities. centives for performance. (29 U.S.C. 701 et seq.) is amended by striking ‘‘Sec. 314. State Administration. ‘‘(11) The Federal Government can also as- out ‘‘Vocational and Applied Technology ‘‘Sec. 315. State Plan. sist States and localities by supporting re- Education Act (20 U.S.C. 2301 et seq.)’’ and ‘‘Sec. 316. Awards to Eligible Applicants. search, development, demonstration, dis- inserting in lieu thereof ‘‘Career Preparation ‘‘Sec. 317. Applications From Eligible Appli- semination, evaluation, capacity-building, Education Act’’. cants. data collection, professional development, (d) DISPLACED HOMEMAKERS SELF-SUFFI- ‘‘Sec. 318. State Performance Goals and Indi- and technical assistance activities that fur- CIENCY ASSISTANCE ACT.—Section 9(a)(2) of cators. ther State and local efforts to improve stu- the displaced Homemakers Self-Sufficiency ‘‘Sec. 319. Evaluation, Improvement, and Ac- dent achievement in adult education and lit- Assistance Act (29 U.S.C. 2301 et seq.) is countability. eracy programs. amended by inserting ‘‘as in effect on the ‘‘Sec. 320. Allotments; Reallotment. ‘‘(b) PURPOSE.—(1) It is the purpose of this day prior to the date of enactment of the Ca- ‘‘PART B—NATIONAL LEADERSHIP title to create a performance partnership that includes the Federal government, reer Preparation Education Reform Act of ‘‘Sec. 331. National Leadership Activities. States, and localities to help provide for 1997 or the State agency or agencies des- ‘‘Sec. 332. Awards for National Excellence. ignated under section 102(a) of the Carl D. ‘‘Sec. 333. National Institute for Literacy. adult education and literacy services so that, Perkins Career Preparation Education Act,’’. as called for in the National Education ‘‘PART C—GENERAL PROVISIONS (e) WAGNER-PEYSER ACT.—Section Goals, all adults who need such services will, 7(c)(2)(A) of the Act of June 6, 1933 (29 U.S.C. ‘‘Sec. 341. Waivers. as appropriate, be able to— 49 et seq.) is amended by striking out ‘‘Voca- ‘‘Sec. 342. Definitions. ‘‘(A) become literate and obtain the knowl- tional and Applied Technology’’ and insert- ‘‘FINDINGS; PURPOSE edge and skills needed to compete in a global ing in lieu thereof ‘‘Career Preparation’’. ‘‘SEC. 302. (a) FINDINGS.—The Congress economy and exercise the rights and respon- (f) EQUITY IN EDUCATIONAL LAND-GRANT finds that: sibilities of citizenship; STATUS ACT OF 1994.—Section 533(c)(4)(A) of ‘‘(1) Our Nation’s well-being is dependent ‘‘(B) complete a high school education; and ‘‘(C) become their children’s first teacher the Equity in Education Land-Grant Status on the knowledge and skills of all of its citi- and remain actively involved in their chil- Act of 1994 (7 U.S.C. 301 note; part C of title zens. dren’s education in order to ensure their V of the Improving America’s Schools Act) is ‘‘(2) Advances in technology and changes in children’s readiness for, and success in, amended by inserting after ‘‘(20 U.S.C. the workplace are rapidly increasing the 2397h(3))’’ a comma and ‘‘as in effect on the school. knowledge and skill requirements for work- ‘‘(2) This purpose shall be pursued by— day prior to the date of enactment of the Ca- ers. ‘‘(A) building on State and local education reer Preparation Education Reform Act of ‘‘(3) Our social cohesion and success in reforms supported by the Goals 2000: Educate 1997.’’. combating poverty, crime, and disease also America Act and other Federal and State (g) TITLE 31, CHAPTER 67, OF THE UNITED depend on the Nation’s having an educated legislation; STATES CODE.—Section 6703(A)(12) of title 31, citizenry. ‘‘(B) consolidating numerous Federal adult United States Code (as added by section 31001 ‘‘(4) There is a strong relationship between education and literacy programs into a sin- of the Violent Crime Control and Law En- parents’ education and literacy and their gle, flexible State grant program; forcement Act of 1994) is amended by strik- children’s educational achievement. The suc- ‘‘(C) tying local programs to challenging ing out ‘‘Vocational and Applied Tech- cess of State and local educational reforms State-developed performance goals that are nology’’ and inserting in lieu thereof ‘‘Career supported by the Goals 2000: Educate Amer- consistent with the purpose of this Act; Preparation’’. ica Act and other programs that State and ‘‘(D) holding States and localities account- (h) NONTRADITIONAL EMPLOYMENT FOR local communities are implementing re- able for achieving such goals; WOMEN ACT.—Section 2(b)(3) of the Nontradi- quires that parents be well educated and pos- ‘‘(E) building program quality through tional Employment for Women Act (29 U.S.C. sess the ability to be a child’s first and most such measures as improving instruction, en- 1501 note) is amended by striking out ‘‘Voca- continuous teacher. couraging greater use of technology in adult

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education and literacy programs, and im- ‘‘STATE GRANTS FOR ADULT EDUCATION AND ‘‘(b) USES OF FUNDS.—(1) States shall use proving the professional development of edu- LITERACY funds under subsection (a) for one or more of cators working in those programs; ‘‘SEC. 312. (a) STATE GRANT.—From the the following— ‘‘(F) integrating adult education and lit- funds available for State grants under sec- ‘‘(A) professional development and train- eracy programs with States’ school-to-work tion 303 for each fiscal year, the Secretary ing; opportunities systems, secondary and post- shall, in accordance with section 320, make a ‘‘(B) developing and disseminating cur- secondary education systems, job training grant to each State that has an approved ricula for adult education and literacy pro- programs, welfare programs, early childhood State plan under section 315, to assist that grams; and elementary school programs, and other State in developing, implementing, and im- ‘‘(C) monitoring and evaluating the quality related activities; proving adult education and literacy pro- of, and improvement in, services and activi- ‘‘(G) supporting State leadership and pro- grams within the State. ties conducted with assistance under this gram improvement efforts; and ‘‘(b) RESERVATION OF FUNDS.—(1) From the part, including establishing performance (H) supporting the improvement of State amount awarded to a State for any fiscal goals and indicators under section 318, in and local activities through nationally sig- year under subsection (a), a State may, sub- order to assess program quality and improve- nificant efforts in research, development, ject to paragraph (2), use up to 18 percent for ment; demonstration, dissemination, evaluation, State leadership activities under section 313 ‘‘(D) establishing State content standards capacity-building, data collection, profes- and the cost of administering its program for adult education and literacy programs; sional development, and technical assist- under this part. ‘‘(E) establishing challenging State per- ance. ‘‘(2) A State may not use more than 5 per- formance standards for literacy proficiency; cent of the amount awarded to it for any fis- ‘‘(F) promoting the integration of literacy ‘‘AUTHORIZATION OF APPROPRIATIONS cal year under subsection (a), or $80,000, instruction and occupational skill training, ‘‘SEC. 303. (a) STATE GRANTS FOR ADULT whichever is greater, for the cost of admin- and linkages with employers; EDUCATION AND LITERACY.—For the purpose istering its program under this part. ‘‘(G) promoting, and providing staff train- of carrying out this title there are author- ‘‘(c) FEDERAL SHARE.—(1) The Federal ing in, the use of instructional and manage- ized to be appropriated $394,000,000 for fiscal share of expenditures to carry out a State ment software and technology; year 1998 and such sums as may be necessary plan under section 315 shall be paid from the ‘‘(H) establishing program and professional for each of the fiscal years 1999 through 2005. State’s grant under subsection (a). development networks to assist in meeting ‘‘(b) RESERVATIONS.—From the amount ap- ‘‘(2) The Federal share shall be no greater the purposes of this Act; propriated for any fiscal year under sub- than 75 percent of the cost of carrying out ‘‘(I) developing and participating in net- section (a), the Secretary shall reserve not the State plan for each fiscal year, except works and consortia of States, and in cooper- more than 5 percent to carry out section that with respect to Guam, American ative Federal-State initiatives, that seek to 318(c)(2) and part B of this Act, of which not Samoa, the Virgin Islands, and the Northern establish and implement adult education and more than 3 percent of the amount appro- Mariana Islands the Federal share may be literacy programs that have significance to priated for any fiscal year after 1999 under 100 percent. the State, region, or Nation; and subsection (a) may be used for awards for na- ‘‘(3) The State’s share of expenditures to ‘‘(J) other activities of Statewide signifi- tional excellence under section 332. carry out a State plan submitted under sec- cance that promote the purposes of this title. ‘‘PART A—ADULT EDUCATION AND LITERACY tion 315 may be in cash or in kind, fairly evaluated, and may include only non-Federal ‘‘(2)(A) beginning in fiscal year 2000, States ‘‘PROGRAM AUTHORITY; PRIORITIES funds that are used for adult education and may use funds under subsection (a) for finan- ‘‘SEC. 311. (a) PROGRAM AUTHORIZED.—In literacy activities in a manner that is con- cial incentives or awards to one or more eli- order to provide adults with the skills they sistent with the purposes of this title. gible recipients in recognition of— need as workers, citizens, and parents, funds ‘‘(d) MAINTENANCE OF EFFORT.—(1) A State ‘‘(i) exemplary quality or innovation in under this part shall be used to support the may receive funds under this part for any fis- adult education or literacy services and ac- development, implementation, and improve- cal year only if the Secretary finds that the tivities; or ment of adult education and literacy pro- amount expended by the State for adult edu- ‘‘(ii) exemplary services and activities for grams at the State and local levels. cation and literacy, in the second preceding individuals who are most in need of such ‘‘(b) PROGRAM PRIORITIES.—In using funds fiscal year, was not less than 90 percent of services and activities, or are hardest to under this part, States and local recipients the amount expended for adult education and serve, such as educationally disadvantaged shall give priority to adult education and lit- literacy, in the third preceding fiscal year. adults and families, immigrants, individuals eracy programs that— ‘‘(2) The Secretary shall reduce the amount with limited English proficiency, incarcer- ‘‘(1) are built on a strong foundation of re- of the allocation of funds to a State under ated individuals, homeless individuals, re- search and effective educational practice; section 320 for any fiscal year in the propor- cipients of public assistance, and individuals ‘‘(2) effectively employ advances in tech- tion to which the State fails to meet the re- with disabilities; or nology, as appropriate, such as using com- quirement of paragraph (1) by expending in ‘‘(iii) both. puters in the classroom and technology that the second preceding fiscal year for adult ‘‘(B) The incentives or awards made under brings learning into the home; education and literacy less than 90 percent of subparagraph (A) shall be determined by the ‘‘(3) provide learning in ‘real life’ contexts, the amount the State expended in the third State using the performance goals and indi- such as work, the family, and citizenship; preceding fiscal year for adult education and cators described in section 318 and, if appro- ‘‘(4) are staffed by well-trained instructors, literacy. priate, other criteria that are consistent counselors, and administrators; ‘‘(3) The Secretary may waive the require- with the purposes of this Act. ‘‘(5) are of sufficient intensity and duration ments of this subsection for one fiscal year ‘‘STATE ADMINISTRATION for participants to achieve substantial learn- only if the Secretary determines that a waiv- ‘‘SEC. 314. (a) STATE EDUCATIONAL AGEN- ing gains, such as by earning a basic skills er would be equitable due to exceptional or CY.—The State educational agency shall be certificate that reflects skills acquisition uncontrollable circumstances, such as a nat- responsible for the administration of serv- and has meaning to employers; ural disaster or an unforeseen and precipi- ices and activities under this part, includ- ‘‘(6) establish measurable goals for client tous decline in the financial resources of the ing— outcomes, such as levels of literacy achieved State. ‘‘(1) the development, submission, and im- and attainment of a high school diploma or ‘‘(4) If the Secretary reduces a State’s allo- plementation of the State plan; its equivalent, that are tied to challenging cation under paragraph (2), or grants a waiv- ‘‘(2) consultation with other appropriate State performance standards for literacy er under paragraph (3), the level of effort re- agencies, groups, and individuals that are in- proficiency; quired under paragraph (1) shall not be re- volved in, or interested in, the development ‘‘(7) coordinate with other available re- duced in the subsequent fiscal year because and implementation of programs assisted sources in the community, such as by estab- of the reduction or waiver. under this title, such as business, industry, lishing strong links with elementary and ‘‘STATE LEADERSHIP ACTIVITIES labor organizations, corrections agencies, secondary schools, postsecondary institu- ‘‘SEC. 313. (a) STATE LEADERSHIP.—(1) Each public housing agencies, and social service tions, one-stop career centers, job training State that receives a grant under section agencies; and programs, and social service agencies; 312(a) for any fiscal year shall use funds re- ‘‘(3) coordination with other State and ‘‘(8) offer flexible schedules and support served for State leadership under section Federal education, training, employment, services (such as child care and transpor- 312(b) to conduct activities of Statewide sig- corrections, public housing, and social serv- tation) that are necessary to enable individ- nificance that develop, implement, or im- ices programs, and one-stop career centers. uals, including adults with disabilities or prove programs of adult education and lit- ‘‘(b) STATE-IMPOSED REQUIREMENTS.— other special needs, to attend and complete eracy, consistent with its State plan under Whenever a State imposes any rule or policy programs; and section 315. relating to the administration and operation ‘‘(9) maintain a high-quality information ‘‘(2) In using funds reserved for State lead- of programs funded by this part (including management system that has the capacity to ership activities, each State shall, to the ex- any rule or policy based on State interpreta- report client outcomes and to monitor pro- tent practicable, avoid duplicating research tion of any Federal law, regulation, or guide- gram performance against the State goals and development efforts conducted by other line), it shall identify the rule or policy as a and indicators. States. State-imposed requirement.

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‘‘STATE PLAN of performance the State expects to achieve make subgrants and contracts, as appro- ‘‘SEC. 315. (a) FOUR-YEAR PLANS.—(1) Each in progressing toward its performance goals priate, to eligible applicants under sub- State desiring to receive a grant under this during the life of the State plan; section (b) to develop, implement, and im- part for any fiscal year shall have the State ‘‘(4) a description of the criteria the State prove adult education and literacy programs educational agency submit to, or have on file will use to award funds under this title to el- within the State. igible applicants under section 316, including with, the Secretary a four-year State plan in ‘‘(2) To the extent practicable, States shall how the State will ensure that its selection accordance with this section. make multi-year awards under this section. of applicants to operate programs assisted ‘‘(2) The State educational agency may ‘‘(b) ELIGIBILITY.—(1) The following enti- under this Part will reflect the program pri- submit the State plan as part of a com- ties shall be eligible to apply to the State for orities under section 311(b) and the findings prehensive plan that includes State plan pro- an award under this section: of program evaluations carried out under ‘‘(A) local educational agencies; visions under one or more of the following section 319(a); ‘‘(B) community-based organizations; statutes: section 14302 of the Elementary and ‘‘(5) a description of how the State will in- ‘‘(C) institutions of higher education; Secondary Education Act of 1965; the Carl D. tegrate services and activities under this ‘‘(D) public and private nonprofit agencies Perkins Career Preparation Education Act of title, including planning and coordination of (including State and local health, social 1997; the Goals 2000: Educate America Act; programs, with those of other agencies, in- service, public housing, public assistance, the Job Training Partnership Act; and the stitutions, and organizations involved in job training, and corrections agencies and School-to-Work Opportunities Act of 1994. adult education and literacy, such as the public libraries); and ‘‘(b) PLAN ASSESSMENT.—(1) In developing public school system, early childhood and ‘‘(E) consortia of such agencies, organiza- the State plan, and any revisions to the special education programs, institutions of tions, institutions, or partnerships, includ- State plan under subsection (e), the State higher education, vocational education pro- ing consortia that include one or more for- educational agency shall base its plan or re- grams, libraries, business and labor organiza- profit agencies, organizations, or institu- visions on a recent, objective assessment of— tions, vocational rehabilitation programs, tions, if such agencies, organizations, or in- ‘‘(A) the needs of individuals in the State one-stop career centers, employment and stitutions can make a significant contribu- for adult education and literacy programs, training programs, and health, social serv- tion to attaining the purposes of this title. including individuals most in need or hardest ices, public assistance, public housing, and ‘‘(2) Each State receiving funds under this to serve (such as educationally disadvan- corrections agencies, in order to ensure ef- part shall ensure that all eligible applicants taged adults and families, immigrants, indi- fective use of funds and to avoid duplication described under subsection (b)(1) receive di- viduals with limited English proficiency, in- of services; rect and equitable access to awards under carcerated individuals, homeless individuals, ‘‘(6) a description of how the State will en- this section. recipients of public assistance, and individ- sure that the data reported to it from its re- ‘‘APPLICATIONS FROM ELIGIBLE APPLICANTS uals with disabilities); and cipients of funds under this part and the data ‘‘SEC. 317. (a) APPLICATION.—Any eligible it reports to the Secretary are complete, ac- ‘‘(B) the capacity of programs and pro- applicant under section 316(b)(1) that desires viders to meet those needs, taking into ac- curate, and reliable; ‘‘(7) a State-wide plan for the leadership a subgrant or contract under this part shall count the priorities under section 311(b) and submit an application to the State con- the State’s performance goals under section activities the State will carry out under sec- tion 313; taining such information and assurances as 318(a). the State may reasonably require, includ- ‘‘(2) In its second 4-year State plan, the ‘‘(8) a description of how the State will provide incentives or rewards for exemplary ing— State educational agency shall also include services and activities under this part, if the ‘‘(1) a description of the applicant’s current in its assessment— State elects to implement the authority au- adult education and literacy programs, if ‘‘(A) an analysis of the State’s performance thorized under section 313(b)(2); any; in progressing toward its performance goals ‘‘(9) any comments the Governor may have ‘‘(2) a description of how funds awarded under the preceding 4-year State plan; and on the State plan; and under this part will be spent; ‘‘(B) any changes in the second 4-year ‘‘(10) assurances that— ‘‘(3) a description of how the applicant’s State plan that have been made based on ‘‘(A) the State will comply with the re- program will help the State address the that analysis. quirements of this part and the provisions of needs identified in the State’s assessment ‘‘(c) PUBLIC PARTICIPATION.—In developing the State plan; and under section 315(b); the State plan, and any revisions under sub- ‘‘(B) the State will use such fiscal control ‘‘(4) the projected goals of the applicant section (e), the State educational agency and accounting procedures as are necessary with respect to participant recruitment, re- shall consult widely with individuals, agen- for the proper and efficient administration of tention, and educational achievement, and cies, organizations, and institutions in the funds under this part. how the applicant will measure and report to State that have an interest in the provision ‘‘(e) PLAN REVISIONS.—When changes in the State regarding the information required and quality of adult education and literacy, conditions or other factors require substan- in section 319(a); and including— tial modifications to an approved State plan, ‘‘(5) any cooperative arrangements the ap- ‘‘(1) individuals who currently participate, the State educational agency shall submit a plicant has with others (including arrange- or who want to participate, in adult edu- revision to the plan to the Secretary. ments with health, social services, public as- cation and literacy programs; ‘‘(f) CONSULTATION.—The State educational sistance, public housing, and corrections ‘‘(2) practitioners and experts in adult edu- agency shall— agencies, libraries, one-stop career centers, ‘‘(1) submit the State plan, and any revi- cation and literacy, social services, and business, industry, labor, and volunteer lit- sion to the State plan, to the Governor for workforce development; review and comment; and eracy organizations) for the delivery of adult ‘‘(3) representatives of business and labor ‘‘(2) ensure that any comments the Gov- education and literacy programs. organizations; and ernor may have are included with the State ‘‘(b) FUNDING.—In determining which appli- ‘‘(4) other agencies, such as volunteer and plan, or revision, when the State plan, or re- cants receive funds under this part, the community-based organizations, State and vision, is submitted to the Secretary. State, in addition to addressing the program local health, social service, public housing, ‘‘(g) PLAN APPROVAL.—(1) The Secretary priorities under section 311(b), shall— public assistance, job training, and correc- shall approve a State plan, or a revision to ‘‘(1) give preference to those applicants tions agencies, and public libraries. an approved State plan, only if the Secretary that serve local areas with high concentra- ‘‘(d) PLAN CONTENTS.—The plan shall be in determines that it meets the requirements of tions of individuals in poverty or with low such form and contain such information and this section and the State’s performance levels of literacy (including English lan- assurances as the Secretary may require, goals and expected level of performance guage proficiency), or both; and and shall include— under subsection (d)(3) are sufficiently rig- ‘‘(2) consider— ‘‘(1) a summary of the methods used to orous as to meet the purposes of this title ‘‘(A) the results, if any, of the evaluations conduct the assessment under subsection (b) and to allow the Department of Education to required under section 319(a); and and the findings of that assessment; make progress toward its performance objec- ‘‘(B) the degree to which the applicant will ‘‘(2) a description of how, in addressing the tives and indicators established pursuant to coordinate with and utilize other literacy needs identified in the State’s assessment, the Government Performance and Results and social services available in the commu- funds under this title will be used to estab- Act. The Secretary shall not finally dis- nity. lish adult education and literacy programs, approve a State plan, or a revision to an ap- ‘‘PERFORMANCE GOALS AND INDICATORS or improve or expand current programs, that proved State plan, except after giving the ‘‘SEC. 318. (a) PERFORMANCE GOALS.—Any will lead to high-quality learning outcomes, State reasonable notice and an opportunity State desiring to receive a grant under sec- including measurable learning gains, for in- for a hearing. tion 312(a), in consultation with individuals, dividuals in such programs; ‘‘(2) The Secretary shall establish a peer agencies, organizations, and institutions de- ‘‘(3) a statement, expressed in terms of the review process to make recommendations re- scribed in section 315(c), shall identify per- performance indicators published by the Sec- garding approval of State plans and revisions formance goals that define the level of stu- retary under section 318(b), and any other to the State plans. dent achievement to be attained by adult performance indicators the State may ‘‘AWARDS TO ELIGIBLE APPLICANTS education and literacy programs, and express choose, of the State’s performance goals es- ‘‘SEC. 316. (a). AWARDS.—(1) From funds such goals in an objective, quantifiable, and tablished under section 318(a) and the level available under section 312, States shall measurable form.

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‘‘(b) PERFORMANCE INDICATORS.—(1) After in such form, as the Secretary may reason- the preceding fiscal year for programs under consultation with States, local educational ably require, in order to ensure the collec- this part. agencies, service providers, representatives tion of uniform national data. ‘‘(2) If for any fiscal year the amount avail- of business and industry, institutions of ‘‘(3) The State educational agency shall able for allotment under this section is in- higher education, and other interested par- make available to the public its State plan sufficient to satisfy the provisions of para- ties, the Secretary shall publish in the Fed- under section 315 and its annual report under graph (1), the Secretary shall ratably reduce eral Register performance indicators (includ- this subsection. the payments to all States for such services ing the definition of relevant terms) de- ‘‘(d) TECHNICAL ASSISTANCE.—If the Sec- and activities as necessary. scribed in paragraph (2) that States and local retary determines that the State is not prop- ‘‘(c) REALLOTMENT.—If the Secretary deter- recipients shall use in measuring or assess- erly implementing its responsibilities under mines that any amount of a State’s allot- ing progress toward achieving the State’s subsection (b), or is not making substantial ment under this section for any fiscal year performance goals under subsection (a). progress in meeting the purposes of this will not be required for carrying out the pro- ‘‘(2) The Secretary shall publish perform- title, based on the performance goals and in- gram for which such amount has been allot- ance indicators for programs assisted under dicators and expected level of performance ted, the Secretary shall make such amount this part in the following areas: included in its State plan under section available for reallotment to one or more ‘‘(A) achievement in the areas of reading, 315(d)(3), the Secretary shall work with the other States or the basis that the Secretary English language acquisition, and numeracy; State to implement improvement activities. determines would best serve the purposes of ‘‘(B) receipt of a high school diploma or its ‘‘(e) WITHHOLDING OF FEDERAL FUNDS.—If, this title. Any amount reallotted to a State equivalent; after a reasonable time, but not earlier than under this subsection shall be deemed to be ‘‘(C) entry into a postsecondary school, job one year after implementing activities de- part of its allotment for the fiscal year in training program, employment, or career ad- scribed in subsection (d), the Secretary de- which it is obligated. vancement; and termines that the State is not making suffi- ‘‘PART B—NATIONAL LEADERSHIP ‘‘(D) such other indicators as are deter- cient progress, based on its performance mined by the Secretary. goals and indicators and expected level of ‘‘NATIONAL LEADERSHIP ACTIVITIES ‘‘(c) TECHNICAL ASSISTANCE.—(1) The Sec- performance included in its State plan under ‘‘SEC. 331. (a) AUTHORITY.—From the retary shall provide technical assistance to section 315(d)(3), the Secretary shall, after amount reserved under section 303(b) for any States regarding the development of— notice and opportunity for a hearing, with- fiscal year, the Secretary is authorized to es- ‘‘(A) the State’s performance goals under hold from the State all, or a portion, of the tablish a program of national leadership and subsection (a); and State’s allotment under this part. The Sec- evaluation activities to enhance the quality ‘‘(B) uniform national performance data. of adult education and literacy nationwide. ‘‘(2) The Secretary may use funds reserved retary may use funds withheld under the pre- ‘‘(b) METHOD OF FUNDING.—The Secretary under section 303(b) to provide technical as- ceding sentence to provide, through alter- may carry out national leadership and eval- sistance under this section. native arrangements, services and activities within the State that meet the purposes of uation activities directly or through grants, ‘‘EVALUATION, IMPROVEMENT, AND this title. contracts, and cooperative agreements. ACCOUNTABILITY ‘‘(c) USES OF FUNDS.—Funds reserved under ‘‘ALLOTMENTS; REALLOTMENT ‘‘SEC. 319. (a) LOCAL EVALUATION.—The this section may be used for— adult education and literacy programs of ‘‘SEC. 320. (a) ALLOTMENT TO STATES.—(1) ‘‘(1) research and development, such as es- each recipient of a subgrant or contract From the funds available under section 312(a) timates of the numbers of adults functioning under this part shall be evaluated biennially, for each fiscal year, the Secretary shall allot at the lowest levels of literacy proficiency; using the performance goals and indicators to the Commonwealth of Puerto Rico, Guam, ‘‘(2) demonstration of model and innova- established under section 318, and the recipi- American Samoa, the Northern Mariana Is- tive programs, such as the development of ent shall report to the State regarding the lands, and the Virgin Islands, the amount models for basic skill certificates, identifica- effectiveness of its programs in addressing that each would have been allotted under tion of effective strategies for working with the priorities under section 311 and the needs section 313(b) of the Adult Education Act as adults with learning disabilities and with identified in the State assessment under sec- it was in effect the day before the enactment limited English proficient adults, and devel- tion 315(b). of the Adult Basic Education and Literacy opment of case studies of family literacy and ‘‘(b) IMPROVEMENT ACTIVITIES.—If, after re- for the Twenty-First Century Act. workplace literacy programs; viewing the reports required in subsection ‘‘(2) From the remainder of such sums, the ‘‘(3) dissemination, such as information on (a), a State determines, based on the per- Secretary shall allot— promising practices resulting from federally formance goals and indicators and expected ‘‘(A) $250,000 to each of the States; and funded demonstration programs; level of performance included in its State ‘‘(B) from the remainder— ‘‘(4) evaluations and assessments, such as ‘‘(i) 95 percent of such remainder to each of plan under section 315(d)(3), and the evalua- periodic independent evaluations of services the States in an amount that bears the same tions under subsection (9), that a recipient is and activities assisted under this title an as- ratio to such amount as the number of adults not making substantial progress in achieving sessments of the condition and progress of in the State who are 16 years of age or older the purposes of this title, the State may literacy in the United States; and not enrolled, or required to be enrolled, work jointly with the recipient to develop an ‘‘(5) efforts to support capacity building at in secondary school and who do not possess a improvement plan. If, after not more than the State and local levels, such as technical high school diploma or its equivalent, bears two years of implementation of the improve- assistance in program planning, assessment, to the number of such adults in all the ment plan, the State determines that the re- evaluation, and monitoring of programs States; and cipient is not making substantial progress, under this title; ‘‘(ii) 5 percent of such remainder to each of the State shall take whatever corrective ac- ‘‘(6) data collection, such as improvement the States in an amount that bears the same tion it deems necessary, which may include of both local and State data systems through ratio to such amount as the number of adults termination of funding or the implementa- technical assistance and development of with limited English proficiency in the State tion of alternative service arrangements, model performance data collection systems; bears to the number of such adults in all the consistent with State law. The State shall ‘‘(7) professional development, such as States. take corrective action under the preceding technical assistance activities to advance ef- ‘‘(3) The numbers of adults specified in sentence only after it has provided technical fective training practices, identify profes- paragraph (2)(B) shall be determined by the assistance to the recipient and shall ensure, sional development projects, and dissemi- Secretary, using the latest estimates, satis- to the extent practicable, that any correc- nate new findings in adult education train- factory to the Secretary, that are based on tive action it takes allows for continued ing; the U.S. population demographic data pro- services to and activities for the recipient’s ‘‘(8) technical assistance, such as endeav- duced and published by the Bureau of the students. ors that aid distance learning, promote and Census. ‘‘(c) STATE REPORT.—(1) The State edu- improve the use of technology in the class- ‘‘(b) HOLD-HARMLESS.—(1) Notwithstanding cational agency shall report annually to the room, and assist States in meeting the pur- subsection (a)— Secretary on— poses of this title; and ‘‘(A) for fiscal year 1998, no State shall re- ‘‘(A) the quality and effectiveness of the ‘‘(9) other activities designed to enhance ceive under this part an allotment that is adult education and literacy programs fund- the quality of adult education and literacy less than 90 percent of the payments made to ed through its subgrants and contracts under nationwide. this part, based on the performance goals the State for the fiscal year 1997 for pro- and indicators and the expected level of per- grams authorized by section 313 of the Adult ‘‘AWARDS FOR NATIONAL EXCELLENCE formance included in its State plan under Education Act as it was in effect prior to the ‘‘SEC. 332. The Secretary may, from the section 315(d)(3), and the needs identified in enactment of the Adult Basic Education and amount reserved under section 303(b) for any the State assessment under section 315(b); Literacy for the Twenty-First Century Act; fiscal year after fiscal year 1999, and through and and a peer review process, make performance ‘‘(B) its State leadership activities under ‘‘(B) for fiscal year 1999 and each suc- awards to one or more States that have— section 313. ceeding fiscal year, no State shall receive ‘‘(1) exceeded in an outstanding manner ‘‘(2) The State educational agency shall in- under this part an allotment that is less their performance goals or expected level of clude in such reports such information, and than 90 percent of the amount it received for performance under section 315(d)(3);

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7009 ‘‘(2) made exemplary progress in devel- measuring progress toward the National term for which the member’s predecessor oping, implementing, or improving their Education Goals, as established by P.L. 103– was appointed shall be appointed only for the adult education and literacy programs in ac- 227; remainder of that term. A member may cordance with the priorities described in sec- ‘‘(F) coordinate and share information serve after the expiration of that members’ tion 311; or with national organizations and associations term until a successor has taken office. ‘‘(3) provided exemplary services and ac- that are interested in literacy and workforce ‘‘(4) The Chairperson and Vice Chairperson tivities for those individuals within the development; of the Board shall be elected by the mem- State who are most in need of adult edu- ‘‘(G) inform the development of policy with bers. cation and literacy services, or are hardest respect to literacy and basic skills; and ‘‘(5) The Board shall meet at the call of the to serve. ‘‘(H) undertake other activities that lead Chairperson or a majority of its members. ‘‘NATIONAL INSTITUTE FOR LITERACY to the improvement of the Nation’s literacy ‘‘(f) GIFTS, BEQUESTS, AND DEVISES.—(1) delivery system and that complement other The Institute may accept, administer, and ‘‘SEC. 333. (a) PURPOSE.—The National In- such efforts being undertaken by public and use gifts or donations of services, money, or stitute for Literacy shall— private agencies and organizations. property, whether real or personal, tangible ‘‘(1) provide national leadership; ‘‘(2) The Institute may enter into contracts or intangible. ‘‘(2) coordinate literacy services; and or cooperative agreements with, or make ‘‘(2) The responsible official shall establish ‘‘(3) be a national resource for adult edu- grants to, individuals, public or private in- written rules setting forth the criteria to be cation and family literacy, by providing the stitutions, agencies, organizations, or con- used by the Institute in determining whether best and most current information available sortia of such institutions, agencies, or orga- the acceptance of contributions of services, and supporting the creation of new ways to nizations to carry out the activities of the money, or property whether real or personal, offer improved services. Institute. Such grants, contracts, or agree- tangible or intangible, would reflect unfavor- ‘‘(b) ESTABLISHMENT.—(1) There shall be a ments shall be subject to the laws and regu- ably upon the ability of the Institute or any National Institute for Literacy (in this sec- lations that generally apply to grants, con- employee to carry out its responsibilities or tion referred to as the ‘Institute’). The Insti- tracts, or agreements entered into by Fed- official duties in a fair and objective manner, tute shall be administered under the terms eral agencies. or would compromise the integrity or the ap- of an interagency agreement entered into by ‘‘(d) LITERACY LEADERSHIP.—(1) The Insti- pearance of the integrity of its programs or the Secretary with the Secretary of Labor tute may, in consultation with the Board, any official involved in those programs. and the Secretary of Health and Human award fellowships, with such stipends and al- ‘‘(g) MAILS.—The Board and the Institute Services (in this section referred to as the lowances that the Director considers nec- may use the United States mails in the same ‘Interagency Group’). The Secretary may in- essary, to outstanding individuals pursuing manner and under the same conditions as clude in the Institute any research and de- careers in adult education or literacy in the other departments and agencies of the velopment center, institute, or clearing- areas of instruction, management, research, United States. house established within the Department of or innovation. ‘‘(h) STAFF.—The Interagency Group, after Education whose purpose is determined by ‘‘(2) Fellowships awarded under this sub- considering recommendations made by the the Secretary to be related to the purpose of section shall be used, under the auspices of Board, shall appoint and fix the pay of a di- the Institute. the Institute, to engage in research, edu- rector. ‘‘(2) The Interagency Group shall consider cation, training, technical assistance, or ‘‘(i) APPLICABILITY OF CERTAIN CIVIL SERV- the recommendations of the National Insti- other activities to advance the field of adult ICE LAWS.—The Director and staff of the In- tute for Literacy Advisory Board (the education or literacy, including the training stitute may be appointed without regard to ‘Board’) under subsection (e) in planning the of volunteer literacy providers at the na- the provisions of title 5, United States Code, goals of the Institute and in the implementa- tional, State, or local level. governing appointments in the competitive tion of any programs to achieve such goals. ‘‘(3) The Institute, in consultation with the service, and may be paid without regard to The daily operations of the Institute shall be Board, is authorized to award paid and un- the provisions of chapter 51 and subchapter carried out by the Director. paid internships to individuals seeking to as- III of chapter 53 of that title relating to clas- ‘‘(c) DUTIES.—(1) In order to provide leader- sist in carrying out the Institute’s mission sification and General Schedule pay rates, ship for the improvement and expansion of and to accept assistance from volunteers. except that an individual so appointed may the system for delivery of literacy services, ‘‘(e) NATIONAL INSTITUTE FOR LITERACY AD- not receive pay in excess of the annual rate the Institute is authorized to— VISORY BOARD.—(1)(A) There shall be a Na- of basic pay payable for level IV of the Exec- ‘‘(A) establish a national electronic data tional Institute for Literacy Advisory Board, utive Schedule. base of information that disseminates infor- which shall consist of 10 individuals ap- ‘‘(j) EXPERTS AND CONSULTANTS.—The In- mation to the broadest possible audience pointed by the President. stitute may procure temporary and intermit- within the literacy and basic skills field, and ‘‘(B) The Board shall comprise individuals tent services under section 3109(b) of title 5, that includes— who are not otherwise officers or employees United States Code. ‘‘(i) effective practices in the provision of of the Federal Government and who are rep- ‘‘(k) REPORT.—The Institute shall submit a literacy and basic skills instruction, includ- resentative of such entities as— biennial report to the Interagency Group and ing the integration of such instruction with ‘‘(i) literacy organizations and providers of the Congress. occupational skills training; literacy services, including nonprofit pro- ‘‘(l) NONDUPLICATION.—The Institute shall ‘‘(ii) public and private literacy and basic viders, providers of English as a second lan- not duplicate any functions carried out by skills programs and Federal, State, and local guage programs and services, social service the Secretaries of Education, Labor, and policies affecting the provision of literacy organizations, and providers receiving assist- Health and Human Services under this title. services at the national, State, and local ance under this title; This subsection shall not be construed to levels; ‘‘(ii) businesses that have demonstrated in- prohibit the Secretaries from delegating ‘‘(iii) opportunities for technical assist- terest in literacy programs; such functions to the Institute. ance, meetings, conferences, and other op- ‘‘(iii) literacy students, including those ‘‘(m) FUNDING.—Any amounts appropriated portunities that lead to the improvement of with disabilities; to the Secretary, the Secretary of Labor, the literacy and basic skills services; and ‘‘(iv) experts in the area of literacy re- Secretary of Health and Human Services, or ‘‘(iv) a communication network for lit- search; any other department that participates in eracy programs, providers, social service ‘‘(v) State and local governments; the Institute for purposes that the Institute agencies, and students; ‘‘(vi) State Directors of adult education; is authorized to perform under this section ‘‘(B) coordinate support for the provision and may be provided to the Institute for such of literacy and basic skills services across ‘‘(vii) labor organizations. purposes. Federal agencies and at the State and local ‘‘(2) The Board shall— ‘‘PART C—GENERAL PROVISIONS levels; ‘‘(A) make recommendations concerning ‘‘(C) coordinate the support of research and the appointment of the Director and staff of ‘‘WAIVERS development on literacy and basic skills in the Institute; and ‘‘SEC. 341. (a) REQUEST FOR WAIVER.—A families and adults across Federal agencies, ‘‘(B) provide independent advice on the op- State educational agency may request, on its especially with the Office of Educational Re- eration of the Institute. own behalf or on behalf of a local recipient, search and Improvement in the Department ‘‘(3)(A) Appointments to the Board made a waiver by the Secretary of one or more of Education, and carry out basic and applied after the date of enactment of the Adult statutory or regulatory provisions described research and development on topics that are Basic Education and Literacy for the Twen- in subsection (c) in order to carry out adult not being investigated by other organiza- ty-First Century Act shall be for three-year education and literacy programs under part tions or agencies; terms, except that the initial terms for A more effectively. ‘‘(D) collect and disseminate information members may be established at one, two, or ‘‘(b) GENERAL AUTHORITY.—(1) Except as on methods of advancing literacy that show three years in order to establish a rotation provided in subsection (d), the Secretary great promise; in which one-third of the members are se- may waive any requirement of a statute list- ‘‘(E) work with the National Education lected each year. ed in subsection (c), or of the regulations Goals Panel, assist local, State, and national ‘‘(B) Any member appointed to fill a va- issued under that statute, for a State that organizations and agencies in making and cancy occurring before the expiration of the requests such a waiver—

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7010 CONGRESSIONAL RECORD — SENATE July 8, 1997 ‘‘(A) if, and only to the extent that, the ‘‘(1) except under section 320(a)(2)(B)(ii), TITLE II—EFFECTIVE DATE; Secretary determines that such requirement the term ‘adult’ means an individual who is TRANSITION impedes the ability of the State or a 16 years of age, or beyond the age of compul- EFFECTIVE DATE subgrant or contract recipient under part A sory school attendance under State law, and SEC. 201. This Act shall take effect on July to carry out adult education and literacy who is not enrolled, or required to be en- 1, 1998. programs or activities in an effective man- rolled, in secondary school; TRANSITION ner; ‘‘(2) the term ‘adult education’ means serv- ‘‘(B) if the State waives, or agrees to ices or instruction below the college level for SEC. 202. Notwithstanding any other provi- waive, any similar requirements of State adults who— sions of law— (1) upon enactment of the Adult Basic Edu- law; ‘‘(A) lack sufficient education or literacy cation and Literacy for the Twenty-First ‘‘(C) if, in the case of a statewide waiver, skills to enable them to function effectively Century Act, a State or local recipient of the State— in society; or funds under the Adult Education Act as it ‘‘(i) has provided all subgrant or contract ‘‘(B) do not have a certificate of graduation was in effect prior to the enactment of the recipients under part A in the State with no- from a school providing secondary education and who have not achieved an equivalent Adult Basic Education and Literacy for the tice of, and an opportunity to comment on, Twenty-First Century Act, may use any such the State’s proposal to request a waiver; and level of education; ‘‘(3) the term ‘community-based organiza- unexpended funds to carry out services and ‘‘(ii) has submitted the comments of such tion’ means a private nonprofit organization activities that are authorized by the Adult recipients to the Secretary; and that is representative of a community or sig- Education Act or part A of the Adult Basic ‘‘(D) if the State provides such information nificant segments of a community and that Education and Literacy Act; and as the Secretary reasonably requires in order provides education, vocational rehabilita- (2) a State or local recipient of funds under to make such determinations. tion, job training, or internship services and part A of the Adult Basic Education and Lit- ‘‘(2) The Secretary shall act promptly on programs; eracy Act for the fiscal year 1998 may use any request submitted under paragraph (1). ‘‘(4) the term ‘individual of limited English such funds to carry out services and activi- ‘‘(3) Each waiver approved under this sub- proficiency’ means an adult or out-of-school ties that are authorized either by such part section shall be for a period not to exceed youth who has limited ability in speaking, or were authorized by the Adult Education five years, except that the Secretary may ex- reading, writing, or understanding the Act as it was in effect prior to the enactment tend such period if the Secretary determines English language and— of the Adult Basic Education and Literacy that the waiver has been effective in ena- ‘‘(A) whose native language is a language for the Twenty-First Century Act. bling the State to carry out the purposes of other than English; or TITLE III—REPEALS OF OTHER ACTS this title. ‘‘(B) who lives in a family or community REPEALS ‘‘(c) EDUCATION PROGRAMS.—The statutes environment where language other than subject to the waiver authority of the Sec- English is the dominant language; SEC. 301. (a) NATIONAL LITERACY ACT.—The retary under this section are— ‘‘(5) the term ‘institution of higher edu- National Literacy Act of 1991 (20 U.S.C. 1201 ‘‘(1) this title; cation’ means any such institution as de- et seq.) is repealed. ‘‘(2) part A of title I of the Elementary and fined by section 1201(a) of the Higher Edu- (b) GRANTS TO STATES FOR WORKPLACE AND Secondary Education Act of 1965 (author- cation Act of 1965; COMMUNITY TRANSITION TRAINING FOR INCAR- izing programs and activities to help dis- ‘‘(6) the term ‘literacy’ means an individ- CERATED YOUTH OFFENDERS.—Part E of title advantaged children meet high standards); ual’s ability to read, write, and speak in X of the Higher Education Act of 1965 (20 ‘‘(3) part B of title II of the Elementary English, and compute and solve problems at U.S.C. 1135g) is repealed. and Secondary Education Act of 1965 (Dwight levels of proficiency necessary to function on D. Eisenhower Professional Development the job and in society, to achieve one’s goals, By Mr. LAUTENBERG (for him- Program); and develop one’s knowledge and potential; self, Mr. GRAHAM, Mr. KENNEDY, ‘‘(4) title VI of the Elementary and Sec- ‘‘(7) the term ‘local educational agency’ Mrs. BOXER, Mr. MOYNIHAN, Mr. ondary Education Act of 1965 (Innovative means a public board of education or other TORRICELLI, and Mrs. MURRAY): Education Program Strategies); public authority legally constituted within a S. 995. A bill to amend title 18, ‘‘(5) part C of title VII of the Elementary State for either administrative control or di- United States Code, to prohibit certain and Secondary Education Act of 1965 (Emer- rection of, or to perform a service function interstate conduct relating to exotic for, public elementary or secondary schools gency Immigrant Education Program); animals; to the Committee on the Judi- ‘‘(6) the School-to-Work Opportunities Act in a city, county, township, school district, of 1994, but only with the concurrence of the or other political subdivision of a State, or ciary. Secretary of Labor; and such combination of school districts or coun- THE CAPTIVE EXOTIC ANIMAL PROTECTION ACT ‘‘(7) the Carl D. Perkins Career Prepara- ties as are recognized in a State as an admin- OF 1997 tion Education Act of 1997. istrative agency for its public elementary or Mr. LAUTENBERG. Mr. President, ‘‘(d) WAIVERS NOT AUTHORIZED.—The Sec- secondary schools, except that, if there is a today I am introducing legislation to retary may not waive any statutory or regu- separate board or other legally constituted prevent the cruel and unsporting prac- latory requirement of the programs listed in local authority having administrative con- tice of ‘‘canned’’ hunting, or caged subsection (c) relating to— trol and direction of adult education in pub- kills. I am pleased to be joined by Sen- ‘‘(1) the basic purposes or goals of the af- lic schools therein, such term means such ators GRAHAM, KENNEDY, BOXER, MOY- fected programs; other board or authority; ‘‘(2) maintenance of effort; ‘‘(8) the term ‘public housing agency’ NIHAN, TORRICELLI, and MURRAY. ‘‘(3) comparability of services; means a public housing agency as defined in In a canned hunt, a customer pays to ‘‘(4) the equitable participation of students section 3(b)(6) of the United States Housing shoot a captive exotic animal on a attending private schools; Act of 1937 (42 U.S.C. 1437a(b)(6)); small game ranch where the animal ‘‘(5) parental participation and involve- ‘‘(9) the term ‘Secretary’ means the Sec- typically is trapped inside a fenced-in ment; retary of Education; enclosure. The enclosed space prevents ‘‘(6) the distribution of funds to States or ‘‘(10) the term ‘State’ means each of the 50 States and the District of Columbia, the the animal from escaping and making to local recipients; it an easy prey. The so-called hunter ‘‘(7) the eligibility of an individual for par- Commonwealth of Puerto Rico, Guam, Amer- ticipation in the affected programs; ican Samoa, the Northern Mariana Islands, returns home with the animal’s head to ‘‘(8) public health or safety, labor stand- and the Virgin Islands, except that for pur- mount on his or her wall and the ranch ards, civil rights, occupational safety and poses of section 320(a)(2) the term shall not owner collects a large fee. No hunting, health, or environmental protection; or include the Commonwealth of Puerto Rico, tracking or shooting skills are re- ‘‘(9) prohibitions or restrictions relating to Guam, American Samoa, the Northern Mar- quired. The animals are easy targets the construction of buildings or facilities. iana Islands, and the Virgin Islands; and ‘‘(11) the term ‘State educational agency’ because they typically are friendly to ‘‘(e) TERMINATION OF WAIVERS.—The Sec- means the State board of education or other humans, having spent years in cap- retary shall periodically review the perform- agency or officer primarily responsible for tivity, and having been cared for and ance of any State or local recipient for which the State supervision of public elementary the Secretary has granted a waiver under fed by the canned hunt ranch owners. and secondary schools, or, if there is a sepa- this section and shall terminate such waiver There are reported to be more than rate State agency or officer primarily re- if the Secretary determines that the per- 1,000 canned hunting operations in the sponsible for supervision of adult education formance of the State affected by the waiver United States. At these ranches, a cus- in public schools, then such agency or officer has been inadequate to justify a continu- tomer can, for example, ‘‘hunt’’ a may be designated for the purposes of this ation of the waiver, or the State fails to title by the Governor or by State law. If no Dama gazelle for $3,500, a Cape Buffalo waive similar requirements of State law in agency or officer qualifies under the pre- for $6,000 or a Red Deer for $6,000. The accordance with subsection (b)(1)(B). ceding sentence, such term shall mean an ap- rarer the animal, the higher the price. ‘‘DEFINITIONS propriate agency or officer designated for My bill is similar to legislation I in- ‘‘SEC. 342. For the purposes of this title— the purposes of this title by the Governor.’’. troduced in the 104th Congress, S. 1493.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7011 It is directed only at true canned arm. Then I urge you to join me in sup- Our great American leader, Abraham hunts. It does not affect cattle ranch- port of this legislation which will put Lincoln, wrote over 140 years ago, in ing, the hunting or breeding of any ani- an end to this needless suffering. 1840: ‘‘Discourage litigation. Persuade mals that live in the wild in the United Mr. President, I ask unanimous con- your neighbors to compromise when- States, rodeos, livestock shows, petting sent that the text of the bill be printed ever you can.’’ That is exactly what zoos, or horse or dog racing. It merely in the RECORD. these two bills are designed to do. bans the procuring and transport of There being no objection, the bill was For over 20 years now, all three non-native, exotic mammals for the ordered to be printed in the RECORD, as branches have looked for ways to al- purpose of shooting them for entertain- follows: leviate the courts’ crowded docket and ment, or to collect a trophy. The bill S. 995 to enable a civil litigant to have his would not affect larger ranches, where Be it enacted by the Senate and House of Rep- complaint heard in a more expedient animals have some opportunity to es- resentatives of the United States of America in fashion. In 1976, in search of alter- cape hunters. Nor does the bill affect Congress assembled, natives, Chief Justice Burger convened the hunting of any animals that live in SECTION 1. SHORT TITLE. the Pound Conference on the Causes of the wild in the United States. This Act may be cited as the ‘‘Captive Ex- Popular Dissatisfaction with the Ad- Many hunters believe that canned otic Animal Protection Act of 1997’’. ministration of Justice and asked its hunts are unethical and make a mock- SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC members: ‘‘Isn’t there a better way?’’ ANIMALS FOR PURPOSES OF KILL- ery of their sport. For example, the There is, and that way is called alter- ING OR INJURING THEM. native dispute resolution. Most State Boone and Crockett Club, a hunting or- (a) IN GENERAL.—Chapter 3 of title 18, and Federal bar associations now have ganization founded by Teddy Roo- United States Code, is amended by adding at alternative dispute resolution commit- sevelt, has called canned hunts ‘‘un- the end the following: tees. Some have even elevated consid- fair’’ and ‘‘unsportsmanlike.’’ Bill Bur- ‘‘§ 48. Exotic animals eration of ADR approaches to a matter ton, the former outdoors writer for the ‘‘(a) PROHIBITION.—Whoever, in or affecting of professional ethics or its equivalent. Baltimore Sun and a hunter, testifying interstate or foreign commerce, knowingly Almost all law schools across the coun- last year in support of this legislation, transfers, transports, or possesses a confined try now offer their students classes in stated, ‘‘There is a common belief that exotic animal, for the purposes of allowing ADR. Many graduate programs, espe- the hunting of creatures which have no the killing or injuring of that animal for en- tertainment or for the collection of a trophy, cially business schools, have added reasonable avenue to escape is not up shall be fined under this title, imprisoned ADR courses to their curriculum. And to traditional standards. Shooting not more than 1 year, or both. numerous legal and business publica- game in confinement is not within ‘‘(b) DEFINITIONS.—In this section— tions are committed exclusively to the ‘‘(1) the term ‘confined exotic animal’ these standards.’’ topic of alternative dispute resolution. Canned hunts also are strongly op- means a mammal of a species not histori- cally indigenous to the United States, that Contracts, be they between nations, posed by animal protection groups. As major corporations, or even private in- the Humane Society of the United has been held in captivity for the shorter of— dividuals, now more often than not in- States has said about animals in ‘‘(A) the greater part of the life of the ani- clude arbitration clauses. There are nu- canned hunts, ‘‘the instinct to flee, mal; or merous professional and trade associa- their greatest natural defense, has been ‘‘(B) a period of 1 year; tions under the umbrella of alternative replaced by trust—trust that is re- whether or not the defendant knew the dispute resolution. ADR is not a legal length of the captivity; and warded with a cruel and brutal death.’’ vogue, nor is it second-class justice. Indeed, many animals killed in canned ‘‘(2) the term ‘captivity’ does not include any period during which an animal— ADR is an intelligent and efficient al- hunts suffer immeasurably as they re- ‘‘(A) lives as it would in the wild, surviving ternative to litigation, and it is a way ceive shot after shot to non-vital or- primarily by foraging for naturally occur- to ensure that civil matters can be gans. This practice is intended to pre- ring food, roaming at will over an open area handled as quickly as possible with low serve the head and chest regions intact of not less than 1,000 acres; and cost to the parties and with an out- so that the animals will make more at- ‘‘(B) has the opportunity to avoid hunt- standing settlement and satisfaction tractive trophies. ers.’’. (b) CLERICAL AMENDMENT.—The analysis rate among all entities involved. Arbi- The practice of keeping captive ani- tration in particular combines proce- mals for canned hunts may also pose a for chapter 3 of title 18, United States Code, is amended by adding at the end the fol- dural protections with the informality danger to native wildlife or livestock if lowing: necessary for parties to discuss their the captive animals escape. John ‘‘48. Exotic animals.’’. positions in a manner that promotes Talbott, acting director of the Wyo- settlement and allows for a detailed ex- ming Department of Fish and Game, By Mr. GRASSLEY (for himself ploration of the issues. stated that ‘‘Tuberculosis and other and Mr. SPECTER): In 1990, Congress enacted bills to au- disease documented among game ranch S. 996. A bill to provide for the au- thorize implementation of ADR pro- animals in surrounding States’’ pose thorization of appropriations in each grams throughout the administrative ‘‘an extremely serious threat to Wyo- fiscal year for arbitration in U.S. dis- agency apparatus and to ask Federal ming’s native big game.’’ This is one trict courts; to the Committee on the courts to consider ADR as a means to reason why Wyoming has banned Judiciary. reduce cost. For example, on November canned hunts. Other States that have By Mr. GRASSLEY: 15, 1990, President Bush signed into law banned these hunts include California, S. 997. A bill to amend chapter 44 of a bill which I introduced called the Ad- Connecticut, Georgia, Maryland, Mas- title 28, United States Code, to author- ministrative Dispute Resolutions Act. sachusetts, Nevada, New Jersey, North ize the use of certain arbitration proce- This act authorized and promoted the Carolina, Rhode Island, and Wisconsin. dures in all district courts, to modify use of alternative dispute resolution by Unfortunately, in most States, the damage limitation applicable to Federal Government agencies. canned hunts are largely unregulated. cases referred to arbitration, and for Almost immediately, the success of The lack of State laws, and the fact other purposes; to the Committee on the bill became evident. In 1992, for ex- that many of these animals move in the Judiciary. ample, agencies reported that over 70 interstate commerce, make Federal ARBITRATION LEGISLATION percent of the disputes submitted to legislation necessary. Mr. GRASSLEY. Mr. President, I rise ADR reached settlement. Often mere I urge my colleagues who want to un- at this time to introduce two bills. discussion of what ADR techniques to derstand the cruelty involved in a Both bills are designed to encourage apply led to agreement between the canned hunt to visit my office and view what is known in the legal world as ar- parties. Last year, in a unified showing a videotape of an actual canned hunt. bitration, which is a type of alter- of support for the idea of ADR, includ- You will witness a defenseless Corsican native dispute resolution and a means ing arbitration, we permanently reau- ram, cornered near a fence, being shot of settling differences instead of liti- thorized that 1990 act. 1990 also saw the over and again with arrows, and clearly gating them in the costly environment passage of the Negotiated Rulemaking experiencing an agonizing death, then and adversarial environment of the Act, which authorized the use of nego- only to be dealt a final blow by a fire- courts. tiated rulemaking as an alternative to

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7012 CONGRESSIONAL RECORD — SENATE July 8, 1997 adversarial rulemaking in Federal A majority of the attorneys involved than adjudication, is the goal. And agencies, and the Civil Justice Reform in arbitration cases agreed that refer- when all is said and done, unlike after Act, which required every Federal dis- ring the case to the program directly a trial, the parties on opposite sides of trict court to develop a civil justice ex- resulted in earlier settlement discus- the table often still have some type of pense and delay reduction plan. sions and, most important, in avoiding positive relationship. To test the ADR waters in the article litigation. For the parties involved, On top of that, the process is private, III courts, in 1988, Congress amended that means their issues were resolved unlike the public trial. In such a pri- the Judiciary and Judicial Procedure from 2 to 18 months sooner than if the vate, somewhat informal setting, the Act and authorized pilot programs in 20 case had gone to trial. In the Eastern parties involved have much more flexi- Federal district courts. The amend- District of Pennsylvania, as an exam- bility, not only regarding procedure ment made court-annexed, nonbinding ple, the median time until a dispute is but also remedies. Generally, as we arbitration mandatory in 10 districts resolved through ADR is 5 months. know, an article III court in a civil and voluntary in the other 10. The re- Only 7 percent of the district’s arbitra- matter will limit remedies to a dollar sults are in, and they are more than tion cases lasted beyond 9 months and figure. Arbitration can go beyond that. encouraging. Therefore, the first bill I the percentage of cases tried de novo is Often all a plaintiff wants might be an am introducing today will permanently less than 10 percent. apology, or the injured worker who extend authorization of these pilot pro- Litigants, attorneys, and judges all can’t perform his job any more just grams so that these courts can con- are more than laudatory of the pro- wants another job. Arbitration can tinue to provide litigants with efficient gram’s results. As a matter of fact, give a party those results. and successful alternatives to trial. positive reaction could be documented Arbitration is a legal concept that Senator SPECTER, whose own home almost as soon as the program was im- makes sense, saves time, and saves State of Pennsylvania has participated plemented. A 1990 report by the Federal money. As a matter of fact, the East- in this program, is joining me in this Judicial Center illustrates this point. ern District of Pennsylvania, one of the effort. Over half of the Nation’s 94 districts Over 80 percent of the litigants sur- pilot programs, estimates that arbitra- currently offer some type of alter- veyed praised the fairness of the ADR tion has produced a 5-to-1 savings in native dispute resolution. This number process; 84 percent of attorneys sur- private and public costs. seems low, and the reason for that is veyed said that they approved of arbi- So the two bills that I am intro- because many districts are not sure tration both as a concept and, more ducing today will, therefore, help give whether courts other than those au- important, as implemented in their the public efficient and expedient ac- thorized by statute may offer ADR. specific districts. cess to the Federal courts and will help Therefore, to eliminate this uncer- Also, an overwhelming 97 percent of alleviate the caseload burden on the ju- tainty, the second bill I am introducing the judges involved in the program dicial branch. not only authorizes district courts agreed that their civil caseload was re- I ask unanimous consent, Mr. Presi- across the Nation to implement arbi- duced since less than a third of the ar- dent, that my two bills be printed in tration programs and procedures, it de- bitration caseload returns to the reg- the RECORD. mands such implementation. It will ular trial calendar. The resounding There being no objection, the bills then be left to the discretion of each consensus was that other districts were ordered to be printed in the judge, however, whether to make use of should also adopt this outstanding pro- RECORD, as follows: the implemented programs and proce- gram as a result of this experiment. S. 996 dures. Let me give you another example of Be it enacted by the Senate and House of Rep- The major goal of arbitration is to the success of ADR. A November 1996 resentatives of the United States of America in encourage litigants to settle their dis- study of the Judicial Council of Cali- Congress assembled, putes without going through the fornia, on California’s Civil Action Me- SECTION 1. ARBITRATION IN DISTRICT COURTS. lengthy and costly process of a full- diation Act, showed that litigant satis- Section 905 of the Judicial Improvements blown trial. This will not only lessen faction for arbitration in the Los Ange- and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking the burden on the judicial branch, but les County Superior Court was 84 per- cent and that 94 percent of the overall ‘‘for each of the fiscal years 1994 through also enable people who feel they have 1997’’ and inserting ‘‘for each fiscal year’’. been wronged to get a decision without respondents would use arbitration waiting months for the usual verdict again. S. 997 Incidentally, that same study showed and without spending tons of money on Be it enacted by the Senate and House of Rep- attorney’s fees. that the program’s mediation process resentatives of the United States of America in Let me just give an example, and this within 2 years produced savings five Congress assembled, is according to the National Law Jour- times higher than what the California SECTION 1. ARBITRATION IN DISTRICT COURTS. nal. It was an article that was pub- Legislature had targeted for 5 years. In (a) AUTHORIZATION OF ARBITRATION.—Sec- lished last year. It has been determined other words, California had targeted tion 651(a) of title 28, United States Code, is that out of every dollar spent in asbes- $250,000 after 5 years to consider the amended to read as follows: tos litigation, only 39 cents goes to vic- mediation program a success. ADR ‘‘(a) AUTHORITY.—Each United States dis- trict court shall authorize by local rule the tims, with approximately 33 to 50 per- saved the courts a total of $1.3 million in just 2 years. Whether it is medi- use of arbitration in any civil action, includ- cent of the awards collected allocated ing adversary proceedings in bankruptcy, in as attorney’s fees. ation, arbitration, or any other of the accordance with this chapter.’’. My arbitration bills are designed to ADR techniques, alternative dispute (b) ACTIONS REFERRED TO ARBITRATION.— curb exactly this type of ‘‘plaintiff- resolution undoubtedly is successful in Section 652(a) of title 28, United States Code, milking.’’ In the pilot program dis- creating huge savings for both the pub- is amended— tricts, the majority of arbitration lic and the litigants. (1) in paragraph (1)— cases closed before even reaching the The benefits of arbitration, not only (A) in the matter preceding subparagraph arbitration hearing level and over two- to the judicial branch, but, more im- (A) by striking ‘‘and section 901(c)’’ and all portant, to the litigants, are impos- that follows through ‘‘651’’ and inserting ‘‘a thirds did not return to the court’s reg- district court’’; and ular calendar, thus saving not only the sible to ignore. Skeptics argue that the (B) in subparagraph (B) by striking litigants, but also the courts and, litigant will feel he is being subjected ‘‘$100,000’’ and inserting ‘‘$150,000’’; and therefore, the public both time and to second-class justice, but, quite (2) in paragraph (2) by striking ‘‘$100,000’’ money. In the New Jersey program, frankly, the opposite is the case. Liti- and inserting ‘‘$150,000’’. about 20 percent of the civil case filings gants feel that they are much more (c) CERTIFICATION OF ARBITRATORS.—Sec- qualified for mandatory arbitration closely involved in the process than tion 656(a) of title 28, United States Code, is over the 8-year period which the pro- would be the case if there was formal amended by striking ‘‘listed in section 658’’. (d) REMOVAL OF LIMITATION.—Section 658 of gram operated. Less than 2 percent of adjudication. Litigants can participate title 28, United States Code, and the item re- those cases required trial; in other much more actively and have much lating to such section in the table of sections words, 98 percent of those cases could more control over what is decided and at the beginning of chapter 44 of title 28, be settled via arbitration. how it is decided. Negotiation, rather United States Code, are repealed.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7013 ADDITIONAL COSPONSORS a national standard to prohibit the op- New Jersey [Mr. TORRICELLI] were S. 22 eration of motor vehicles by intoxi- added as cosponsors of S. 927, a bill to cated individuals. reauthorize the Sea Grant Program. At the request of Mr. MOYNIHAN, the names of the Senator from Hawaii [Mr. S. 422 S. 950 INOUYE] and the Senator from Florida At the request of Mr. DOMENICI, the At the request of Mr. MCCONNELL, [Mr. GRAHAM] were added as cosponsors name of the Senator from North Da- the name of the Senator from Texas of S. 22, a bill to establish a bipartisan kota [Mr. DORGAN] was withdrawn as a [Mr. GRAMM] was added as a cosponsor national commission to address the cosponsor of S. 422, a bill to define the of S. 950, a bill to provide for equal pro- year 2000 computer problem. circumstances under which DNA sam- tection of the law and to prohibit dis- S. 63 ples may be collected, stored, and ana- crimination and preferential treatment At the request of Mr. FEINGOLD, the lyzed, and genetic information may be on the basis of race, color, national ori- name of the Senator from Vermont collected, stored, analyzed, and dis- gin, or sex in Federal actions, and for [Mr. LEAHY] was added as a cosponsor closed, to define the rights of individ- other purposes. of S. 63, a bill to amend certain Federal uals and persons with respect to ge- S. 952 civil rights statutes to prevent the in- netic information, to define the respon- At the request of Mr. MCCONNELL, voluntary application of arbitration to sibilities of persons with respect to ge- the name of the Senator from Texas claims that arise from unlawful em- netic information, to protect individ- [Mr. GRAMM] was added as a cosponsor ployment discrimination based on race, uals and families from genetic dis- of S. 952, a bill to establish a Federal color, religion, sex, national origin, crimination, to establish uniform rules cause of action for discrimination and age, or disability, and for other pur- that protect individual genetic privacy, preferential treatment in Federal ac- poses. and to establish effective mechanisms tions on the basis of race, color, na- to enforce the rights and responsibil- S. 102 tional origin, or sex, and for other pur- ities established under this Act. At the request of Mr. BREAUX, the poses. S. 509 name of the Senator from West Vir- AMENDMENT NO. 420 ginia [Mr. BYRD] was added as a co- At the request of Mr. BURNS, the At the request of Mr. THURMOND the sponsor of S. 102, a bill to amend title name of the Senator from Colorado names of the Senator from Arizona XVIII of the Social Security Act to im- [Mr. ALLARD] was added as a cosponsor [Mr. KYL], and the Senator from Geor- prove Medicare treatment and edu- of S. 509, a bill to provide for the return gia [Mr. COVERDELL] were added as co- cation for beneficiaries with diabetes of certain program and activity funds sponsors of amendment No. 420 pro- by providing coverage of diabetes out- rejected by States to the Treasury to posed to S. 936, an original bill to au- patient self-management training serv- reduce the Federal deficit, and for thorize appropriations for fiscal year ices and uniform coverage of blood- other purposes. 1998 for military activities of the De- testing strips for individuals with dia- S. 623 partment of Defense, for military con- betes. At the request of Mr. INOUYE, the struction, and for defense activities of S. 208 name of the Senator from Nevada [Mr. the Department of Energy, to prescribe At the request of Mr. BOND, the REID] was added as a cosponsor of S. personnel strengths for such fiscal year names of the Senator from Massachu- 623, a bill to amend title 38, United for the Armed Forces, and for other setts [Mr. KERRY], the Senator from States Code, to deem certain service in purposes. Georgia [Mr. CLELAND], the Senator the organized military forces of the AMENDMENT NO. 422 Government of the Commonwealth of from Arkansas [Mr. BUMPERS], the Sen- At the request of Mr. DASCHLE his ator from Wyoming [Mr. ENZI], the the Philippines and the Philippine name was added as a cosponsor of Senator from Idaho [Mr. KEMPTHORNE], Scouts to have been active service for amendment No. 422 proposed to S. 936, the Senator from Montana [Mr. purposes of benefits under programs an original bill to authorize appropria- BURNS], and the Senator from Maine administered by the Secretary of Vet- tions for fiscal year 1998 for military [Ms. SNOWE] were added as cosponsors erans Affairs. activities of the Department of De- of S. 208, a bill to provide Federal con- S. 686 fense, for military construction, and tracting opportunities for small busi- At the request of Mr. SARBANES, the for defense activities of the Depart- ness concerns located in historically names of the Senator from Kentucky ment of Energy, to prescribe personnel underutilized business zones, and for [Mr. FORD], and the Senator from strengths for such fiscal year for the other purposes. Maryland [Ms. MIKULSKI] were added as Armed Forces, and for other purposes. S. 222 cosponsors of S. 686, a bill to establish AMENDMENT NO. 424 the National Military Museum Founda- At the request of Mr. DOMENICI, the At the request of Mr. GORTON the name of the Senator from North Da- tion, and for other purposes. name of the Senator from California kota [Mr. DORGAN] was added as a co- S. 852 [Mrs. FEINSTEIN] was added as a co- sponsor of S. 222, a bill to establish an At the request of Mr. LOTT, the sponsor of amendment No. 424 proposed advisory commission to provide advice names of the Senator from Michigan to S. 936, an original bill to authorize and recommendations on the creation [Mr. ABRAHAM], and the Senator from appropriations for fiscal year 1998 for of an integrated, coordinated Federal North Carolina [Mr. FAIRCLOTH] were military activities of the Department policy designed to prepare for and re- added as cosponsors of S. 852, a bill to of Defense, for military construction, spond to serious drought emergencies. establish nationally uniform require- and for defense activities of the De- S. 224 ments regarding the titling and reg- partment of Energy, to prescribe per- At the request of Mr. WARNER, the istration of salvage, nonrepairable, and sonnel strengths for such fiscal year name of the Senator from Missouri rebuilt vehicles. for the Armed Forces, and for other [Mr. ASHCROFT] was added as a cospon- S. 916 purposes. sor of S. 224, a bill to amend title 10, At the request of Mr. COCHRAN, the AMENDMENT NO. 645 United States Code, to permit covered name of the Senator from Mississippi At the request of Mr. GORTON the beneficiaries under the military health [Mr. LOTT] was added as a cosponsor of names of the Senator from Texas [Mrs. care system who are also entitled to S. 916, a bill to designate the U.S. Post HUTCHISON], the Senator from New medicare to enroll in the Federal Em- Office building located at 750 Highway York [Mr. D’AMATO], and the Senator ployees Health Benefits program, and 28 East in Taylorsville, MS, as the from Washington [Mrs. MURRAY] were for other purposes. ‘‘Blaine H. Eaton Post Office Build- added as cosponsors of amendment No. S. 412 ing’’. 645 proposed to S. 936, an original bill At the request of Mr. LAUTENBERG, S. 927 to authorize appropriations for fiscal the name of the Senator from Min- At the request of Ms. SNOWE, the year 1998 for military activities of the nesota [Mr. WELLSTONE] was added as a names of the Senator from Mississippi Department of Defense, for military cosponsor of S. 412, a bill to provide for [Mr. COCHRAN], and the Senator from construction, and for defense activities

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7014 CONGRESSIONAL RECORD — SENATE July 8, 1997 of the Department of Energy, to pre- Whereas Tunisia and the United States squadron of B–52H bomber aircraft above the scribe personnel strengths for such fis- have always shared mutual interests in re- level provided for in the future-years defense cal year for the Armed Forces, and for gional security and have built a close part- program submitted to Congress in fiscal year other purposes. nership in that regard; Now, therefore, be it 1997, reconstituted out of the B–52H aircraft Resolved by the Senate (the House of Rep- attrition reserve. AMENDMENT NO. 648 resentatives concurring), That the Congress ‘‘(ii) The implications of designating and At the request of Mr. LAUTENBERG his hereby acknowledges with gratitude and ap- using such an additional squadron as an as- name was added as a cosponsor of preciation the bicentennial of the Tunisian- sociate reserve squadron. amendment No. 648 proposed to S. 936, American Treaty of 1797 and expresses to the ‘‘(iii) The operational impact of an engine people of Tunisia its hopes and wishes for modernization program involving replace- an original bill to authorize appropria- ment of the engines on B–52H bomber air- tions for fiscal year 1998 for military continued friendship and amity between our two great nations. craft with commercial, off-the-shelf engines, activities of the Department of De- SEC. 2. The Secretary of the Senate shall as assessed in accordance with the Depart- fense, for military construction, and transmit a copy of this concurrent resolu- ment of Defense Appropriation Act, 1997 for defense activities of the Depart- tion to the President with the request that (title I through VIII section 101(b) of Public ment of Energy, to prescribe personnel he further transmit a copy to the Govern- Law 104–208). ‘‘(iv) The operational, arms control, and ment of Tunisia. strengths for such fiscal year for the budgetary implications of modifying capa- Armed Forces, and for other purposes. f bilities of aircraft comprising a portion of AMENDMENT NO. 712 the fleet of B–52H bomber aircraft so that AMENDMENTS SUBMITTED At the request of Mr. CLELAND the the modified aircraft have the capability to names of the Senator from Georgia deliver only conventional munitions. ‘‘(v) The number of B–52H aircraft that, to- [Mr. COVERDELL] and the Senator from THE DEPARTMENT OF DEFENSE gether with other combat aircraft within the Nebraska [Mr. HAGEL] were added as AUTHORIZATION ACT FOR FIS- force structure, would be necessary, in a cosponsors of amendment No. 712 pro- CAL YEAR 1997 major theater war initiated with minimum posed to S. 936, an original bill to au- advance warning, to disrupt the flow of thorize appropriations for fiscal year enemy forces to the extent necessary for the United States (and any allies) to defeat ad- 1998 for military activities of the De- CONRAD (AND DORGAN) partment of Defense, for military con- vancing enemy forces in detail with the AMENDMENT NO. 730 United States (or allied) forces in place as struction, and for defense activities of the advancing enemy forces arrive in loca- the Department of Energy, to prescribe (Ordered to lie on the table.) Mr. CONRAD (for himself and Mr. tions to engage the United States (or allied) personnel strengths for such fiscal year forces. for the Armed Forces, and for other DORGAN) submitted an amendment in- ‘‘(B) The views of the Chairman of the purposes. tended to be proposed by them to the Joint Chiefs of Staff on the Secretary’s as- bill, S. 936, to authorize appropriations sessment. f for fiscal year 1998 for military activi- ‘‘(C) The views of the National Defense ties of the Department of Defense, for Panel on the Secretary’s assessment. SENATE CONCURRENT RESOLU- ‘‘(3) If the Secretary submits the Sec- TION 36—COMMEMORATING THE military construction, and for defense retary’s annual report to Congress under sec- BICENTENNIAL OF TUNISIAN- activities of the Department of Energy, tion 113(c) of title 10, United States Code, AMERICAN RELATIONS to prescribe personnel strengths for within 120 days after the date of the enact- such fiscal year for the Armed Forces, ment of this Act, the Secretary may include Mr. BREAUX submitted the fol- and for other purposes; as follows: in that report the assessment required under lowing concurrent resolution; which On page 313, line 20, strike out ‘‘(e)’’ and in- paragraph (1). was referred to the Committee on For- ‘‘(g)’’. eign Relations. sert in lieu thereof the following: ‘‘(e) RETENTION OF B–52H AIRCRAFT ON AC- S. CON. RES. 36 TIVE STATUS.—(1) The Secretary of the Air COVERDELL AMENDMENT NO. 731 Whereas August 28, 1997, will mark the Force shall maintain in active status (in- (Ordered to lie on the table.) 200th anniversary of the first Tunisian- cluding the performance of standard mainte- Mr. COVERDELL submitted an American Treaty and the opening of diplo- nance and upgrades) the current fleet of B– amendment intended to be proposed by matic relations between Tunisia and the 52H bomber aircraft. For the purposes of sub- him to the bill, S. 936, supra; as fol- United States; section (a), the number specified for B–52H lows: Whereas Tunisia guaranteed to the young bomber aircraft in paragraph (1) of such sub- American Republic freedom of navigation in section shall be deemed to be 94. The applica- At the end of the amendment add the fol- Tunisia’s territorial waters and freedom of bility of the limitation under that sub- lowing: () LIMITATIONS ON AUTHORITY TO PROVIDE trade with Tunisian citizens; section to the 94 B–52H bomber aircraft may ADDITIONAL SUPPORT FOR COUNTER-DRUG AC- Whereas Tunisia supported the Allies po- not be waived under subsection (b). TIVITIES OF PERU AND COLOMBIA.—(1) The litically and militarily during World War II ‘‘(2) For purposes of carrying out upgrades Secretary of Defense may exercise the au- and has become the final resting place of of B–52H bomber aircraft during fiscal year thority provided in section 1022(a) only with thousands of American soldiers fallen in bat- 1998, the Secretary shall treat the entire cur- the concurrence of the Secretary of State. tle; rent fleet of such aircraft as aircraft ex- (2)(A) The Secretary may not obligate or Whereas the United States was the first pected to be maintained in active status dur- expend funds to provide a government with great power to recognize Tunisia’s independ- ing the six-year period beginning on October support under section 1022 until the Sec- ence from France in 1956; 1, 1997. retary of Defense, in coordination with the Whereas Tunisia was a steady and reliable ‘‘(f) ASSESSMENT OF PROPOSED REDUCTION heads of other Federal agencies involved in ally of the United States during the darkest OF B–52H BOMBER AIRCRAFT FLEET.—(1) Not international counter-drug activities, has de- days of the Cold War, providing naval facili- later than 120 days after the date of the en- veloped a riverine counter-drug plan and sub- ties to the United States Sixth Fleet and actment of this Act, the Secretary of De- mitted the plan to the committees referred supporting the United States at the United fense, in consultation with the Chairman of to in subsection (f)(2) of such section. The Nations and other international bodies; the Joint Chiefs of Staff and the National plan shall set forth a riverine counter-drug Whereas Tunisia after independence re- Defense Panel established under section 924 program that can be sustained by the sup- ceived more aid from the United States than of Public Law 104–201 (110 Stat. 2626), shall— ported governments within five years, a from any other donor country in the form of ‘‘(A) thoroughly assess the proposed retire- schedule for establishing the program, and a governmental loans and technical assist- ment of B–52H bomber aircraft to reduce the detailed discussion of how the riverine ance; fleet of B–52H bomber aircraft to 71 such air- counter-drug program supports national Whereas Tunisia efficiently utilized Amer- craft; and drug control strategy of the United States. ican assistance and its own resources to ‘‘(B) submit the assessment to the Com- (B) The limitation in subparagraph (A) is drastically improve social conditions, fur- mittee on Armed Services of the Senate and in addition to the limitation in section ther economic development, and establish an the Committee on National Security of the 1022(f)(1). open market economy and a tolerant society House of Representatives. based on the principles of democracy, social ‘‘(2) The assessment under paragraph (1) THURMOND AMENDMENTS NOS. peace, and justice; shall include the following: 732–733 Whereas Tunisia has consistently sup- ‘‘(A) A discussion of the following matters: ported a peaceful resolution to the Arab- ‘‘(i) The operational advantages, arms con- (Ordered to lie on the table.) Israeli conflict and United States efforts to trol implications, and budgetary impact of Mr. THURMOND submitted two bring peace to the Middle East; and employing an additional combat-coded amendments intended to be proposed

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7015 by him to the bill, S. 936, supra; as fol- SEC. 301B. AMOUNTS FOR OPERATION AND MAIN- (3) complies with the ABM Treaty; and lows: TENANCE. (4) maximizes the utilization of missile The amounts authorized to be appropriated technology and infrastructure in use as of AMENDMENT NO. 732 under section 301 are as follows: the date of enactment of this Act At the appropriate place in the amend- (c) ASSESSMENT OF DEPLOYMENT.—Not later ment, insert the following: than March 31, 2000, the President shall sub- MCCAIN AMENDMENT NO. 735 On page 26, after line 24, add the following: mit to Congress a report on the deployment (b) EXCEPTIONS.—The prohibition in sub- (Ordered to lie on the table.) of the national missile defense system re- section (a) does not apply to the following: Mr. MCCAIN submitted an amend- ferred to in subsection (a). The report shall (1) Any purchase, lease, upgrade, or modi- ment intended to be proposed by him contain— fication initiated before the date of the en- to amendment No. 618 submitted by (1) the determination of the President as to actment of this Act. the advisability of deploying the system; and (2) Any installation of state-of-the-art Mr. GLENN to the bill, S. 936, supra; as (2) if the President determines that the technology for a drydock that does not also follows: system should be deployed, a specification as increase the capacity of the drydock. Strike the period at the end of the amend- to the preferred architecture for the system. On page 26, line 21, insert ‘‘(a) PROHIBI- ment, and insert in lieu thereof the fol- SEC. l3. SYSTEM ARCHITECTURE. TION.—’’ before ‘‘None’’. lowing: The national missile defense system devel- ‘‘At the appropriate place in the bill, add oped under section l2 for possible deploy- AMENDMENT NO. 733 the following new section: ment shall contain the following elements: At the end of the matter relating to pro- ‘‘SEC. XXXX. ANNUAL REPORT ON CONGRES- (1) An interceptor system that— posed section 2206, add the following: SIONAL AND NONCONGRESSIONAL (A) utilizes a kinetic kill vehicle in devel- (c) AMENDMENT.—The agreement of the ACTIVITIES OF THE GENERAL AC- opment as of the date of enactment of this Senate to the amendment proposing this COUNTING OFFICE. Act that is delivered by the Minuteman III subsection shall be deemed to constitute the (1) Section 719(b) of title 31, United States missile system in existence as of such date; agreement of the Senate to amendments to Code, is amended by adding at the end the (B) could be deployed in existing Minute- section 141 as follows: following: man III missile silos within the deployment (1) Insert ‘‘(a) PROHIBITION.—’’ before ‘(3)(A) The report under subsection (a) area permitted under the ABM Treaty; and ‘‘None’’. shall include, for the latest fiscal year end- (C) could consist of between 20 and 100 (2) Add at the end the following: ing before the date of the report, the amount operational interceptors. (b) EXCEPTIONS.—The prohibition in sub- and cost of the work that the General Ac- (2) Early warning ground-based radar uti- section (a) does not apply to the following: counting Office performed during the fiscal lizing ground-based radars in existence as of (1) Any purchase, lease, upgrade, or modi- year for the following: such date, or modifications or upgrades of fication initiated before the date of the en- (i) Audits, evaluations, other reviews, and such radars. actment of this Act. reports requested by the Chairman of a com- (3) To the maximum extent practicable, (2) Any installation of state-of-the-art mittee of Congress, the Chairman of a sub- battle management, command, control, and technology for a drydock that does not also committee of such a committee, or any other communications systems in existence as of increase the capacity of the drydock. member of Congress. such date, or modifications or upgrades of (ii) Audits, evaluations, other reviews, and such systems. LEVIN (AND OTHERS) AMENDMENT reports not described in clause (i) and not re- SEC. l4. IMPLEMENTATION OF DEVELOPMENT. NO. 734 quired by law to be performed by the General The Secretary of Defense shall— Accounting Office. (1) initiate promptly such preparatory and (Ordered to lie on the table.) (B) In the report, amounts of work referred planning actions as are necessary to ensure Mr. LEVIN (for himself, Mr. REED, to in subparagraph (A) shall be expressed as that the national missile defense system de- and Mr. MCCAIN) submitted an amend- hours of labor.’. veloped under section l2 is deployable in ac- ment intended to be proposed by them (2) Paragraph (1) of such section is amend- cordance with subsection (a) of that section; ed— (2) not later than September 30, 2000, con- to amendment No. 674 by Mr. FEINGOLD (A) by striking out ‘and’ at the end of sub- duct an integrated systems test of the sys- to the bill, S. 936, supra; as follows: paragraph (B); tem; and Strike out ‘‘ ‘; Provided,’’ and all that fol- (B) by striking out the period at the end of (3) prescribe such policies and procedures lows and insert in lieu thereof the following: subparagraph (C) and inserting in lieu there- (including acquisition policies and proce- in section 301B. of ’; and’; and dures) as are necessary to eliminate unneces- SEC. 301A. SENSE OF CONGRESS REGARDING A (C) by adding at the end the following: sary costs and inefficiencies in the develop- FOLLOW-ON FORCE FOR BOSNIA ‘(D) the matters required by paragraph ment of the system. AND HERZEGOVINA. (3).’.’’. SEC. l5. REPORT ON PLAN FOR DEVELOPMENT It is the sense of Congress that— AND DEPLOYMENT. (1) United States ground combat forces CONRAD AMENDMENT NO. 736 (a) REQUIREMENT.—Not later than 120 days should not participate in a follow-on force in after the date of enactment of this Act, the Bosnia and Herzegovina after June 1998; (Ordered to lie on the table.) Secretary of Defense shall submit to Con- (2) the European Security and Defense Mr. CONRAD submitted an amend- gress a report on the Secretary’s plan for the Indentity, which, as facilitated by the Com- ment intended to be proposed by him development and deployment of the national bined Joint Task Forces concept, enables the to amendment No. 696 submitted by missile defense system referred to in section Western European Union, with the consent l2. of the North Atlantic Alliance, to assume po- Mrs. HUTCHINSON to the bill, S. 936, (b) REPORT ELEMENTS.—The report shall litical control and strategic direction of supra; as follows: include— NATO assets made available by the Alliance, In lieu of the matter proposed to be in- (1) the Secretary’s plan for meeting the re- is an ideal instrument for a follow-on force serted, insert the following: quirements of this subtitle, including a de- tailed description of the system architecture for Bosnia and Herzegovina; Subtitle ll—National Missile Defense (3) if the European Security and Defense selected for development; and Identity is not sufficiently developed or is SEC. l01. SHORT TITLE. (2) the Secretary’s estimate of the funds otherwise deemed inappropriate for such a This subtitle may be cited as the ‘‘Com- required for research, development, test, and mission, a NATO-led force without the par- mon Sense National Missile Defense Act of evaluation, and for procurement, in each of ticipation of United States ground combat 1997’’. fiscal years 1998 through 2003 in order to en- forces in Bosnia, may be suitable for a fol- SEC. l02. NATIONAL MISSILE DEFENSE POLICY. sure that the system is deployable in accord- low-on force for Bosnia and Herzegovina; (a) NATIONAL MISSILE DEFENSE POLICY.—It ance with section l2(a). (4) the United States may decide to appro- is the policy of the United States to develop SEC. l6. POLICY REGARDING THE ABM TREATY. priately provide support to a Western Euro- a limited national missile defense system (a) POLICY.—It is the policy of the United pean Union-led or NATO-led follow-on force, based on the Minuteman III missile system States that— including command and control, intel- that could be deployed by 2003 at Grand (1) the ABM Treaty remains the foundation ligence, logistics, and, if necessary, a ready Forks, North Dakota. of stability among the nuclear powers and reserve force in a neighboring country; and (b) GENERAL REQUIREMENTS.—The national must not be abrogated or fundamentally al- (5) the President should inform our Euro- missile defense system developed under sub- tered; pean NATO allies of this expression of the section (a) for possible deployment should (2) any United States national missile de- sense of Congress and should strongly urge include the elements set forth in section l3 fense system raises concerns about United them to undertake preparations for a West- in a manner which— States compliance with the ABM Treaty; and ern European Union-led or NATO-led force as (1) provides for the defense of the United (3) the President should undertake such a follow-on force to the NATO-led Stabiliza- States against a nuclear missile attack con- consultations with the Russian Federation tion Force if needed to maintain peace and sisting of at least five nuclear warheads; as are necessary to achieve an agreement be- stability in Bosnia and Herzegovina. (2) is affordable; tween the United States and the Russian

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7016 CONGRESSIONAL RECORD — SENATE July 8, 1997 Federation on an amendment or clarification that the oil shale reserve is in compliance located on the property to be conveyed under of the ABM Treaty in order to permit the de- with the requirements of Federal and State that subsection as jointly agreed upon by the ployment of the national missile defense sys- environmental laws that are applicable to Corporation and the school district; and tem referred to in section l2. the reserve. (B) grant the school district access to the (b) REVIEW OF SYSTEM.—In light of the pol- ‘‘(4) Upon the transfer to the Secretary of property for purposes of removing the homes icy set forth in subsection (a), it is the sense the Interior of jurisdiction over public do- from the property. of Congress that the President initiate im- main lands under this subsection, the other (2) That the Corporation— mediately a full review of the implications of sections of this chapter shall cease to apply (A) convey to the Hays/Lodgepole School the development and deployment of the na- with respect to the transferred lands. District 50, Montana— tional missile defense system referred to in ‘‘(b) AUTHORITY TO LEASE.—(1) Beginning (i) 27 single-family homes located on the section l2 on United States compliance with on the date of the enactment of the National property to be conveyed under that sub- the ABM Treaty. The review should address Defense Authorization Act for Fiscal Year section as jointly agreed upon by the Cor- any modifications to the system that may be 1998, or as soon thereafter as practicable, the poration and the school district; required in order to ensure that the system Secretary of the Interior shall enter into (ii) one duplex housing unit located on the meets United States obligations under the leases with one or more private entities for property; ABM Treaty. the purpose of exploration for, and develop- (iii) two steel buildings (nos. 7 and 8) lo- (c) REPORT ON CONSULTATIONS.—The Presi- ment and production of, petroleum (other cated on the property; dent shall include an assessment of the re- than in the form of oil shale) located on or (iv) two tin buildings (nos. 37 and 44) lo- sults, if any, of the consultations undertaken in public domain lands in Oil Shale Reserve cated on the property; and under subsection (a)(3) in the report sub- Numbered 1 and the developed tract of Oil (v) miscellaneous personal property lo- mitted under section l2(c). Shale Reserve Numbered 3. Any such lease cated on the property that is associated with SEC. l7. DEFINITION. shall be made in accordance with the re- the buildings conveyed under this subpara- In this subtitle, the term ‘‘ABM Treaty’’ quirements of the Act entitled ‘‘An Act to graph; and means the Treaty Between the United States promote the mining of coal, phosphate, oil, (B) grant the school district access to the and the Union of Soviet Socialist Republics oil shale, gas, and sodium on the public do- property for purposes of removing such on the Limitation of Anti-Ballistic Missile main’’, approved February 25, 1920 (com- homes and buildings, the housing unit, and Systems, signed at Moscow on May 26, 1972, monly known as the ‘‘Mineral Leasing Act’’) such personal property from the property. and includes the Protocols to that Treaty, (30 U.S.C. 181 et seq.), regarding the lease of (3) That the Corporation— signed at Moscow on July 3, 1974. oil and gas lands and shall be subject to valid (A) convey to the District 4 Human Re- existing rights. sources Development Council, Montana, ‘‘(2) Notwithstanding the delayed transfer REID AMENDMENT NO. 737 eight single-family homes located on the of the developed tract of Oil Shale Reserve property to be conveyed under that sub- (Ordered to lie on the table.) Numbered 3 under subsection (a)(2), the Sec- section as jointly agreed upon by the Cor- Mr. REID submitted an amendment retary of the Interior shall enter into a lease poration and the council; and intended to be proposed by him to the under paragraph (1) with respect to the de- (B) grant the council access to the prop- bill, S. 936, supra; as follows: veloped tract before the end of the one-year erty for purposes of removing such homes period beginning on the date of the enact- from the property. On line 10, page 44, insert after ment of this section. (c) DESCRIPTION OF PROPERTY.—The exact ‘‘$50,000,000’’ the following: ‘‘and shall in- ‘‘(c) MANAGEMENT.—The Secretary of the acreages and legal description of the parcels clude not less than $2,000,000 to be authorized Interior, acting through the Director of the of property conveyed under subsection (a) for technology development for detecting, lo- Bureau of Land Management, shall manage shall be determined by surveys satisfactory cating, and removing the threat of aban- the lands transferred under subsection (a) in to the Secretary. The cost of the surveys doned landmines and for operation of a test accordance with the Federal Land Policy and shall be borne by the Secretary. and evaluation facility at the Nevada Test Management Act of 1976 (43 U.S.C. 1701 et (d) ADDITIONAL TERMS AND CONDITIONS.— Site for countermine proof-of-concept test- seq.) and other laws applicable to the public The Secretary may require such additional ing and performance evaluation.’’ lands. terms and conditions in connection with the ‘‘(d) TRANSFER OF EXISTING EQUIPMENT.— conveyance under subsection (a) as the Sec- ALLARD AMENDMENT NO. 738 The lease of lands by the Secretary of the In- retary considers appropriate to protect the (Ordered to lie on the table.) terior under this section may include the interests of the United States. transfer, at fair market value, of any well, (e) FUNDING FOR COSTS OF CORPORATION AS- Mr. ALLARD submitted an amend- production facility, SOCIATED WITH CONVEYANCES.—Of the ment intended to be proposed by him amounts authorized to be appropriated by to amendment No. 701 submitted by BAUCUS AMENDMENT NO. 739 this Act, the Secretary shall make available Mr. CAMPBELL to the bill, S. 936, supra; to the Corporation such sums as the Sec- as follows: (Ordered to lie on the table.) retary and the Corporation jointly agree are Beginning on page 2, strike out line 14 and Mr. BAUCUS submitted an amend- necessary to cover the costs of the Corpora- all that follows through ‘‘any well,’’ on page ment intended to be proposed by him tion in meeting the conditions specified in 4, line 22, and insert in lieu thereof the fol- to the bill, S. 936, supra; as follows: subsection (b). lowing: On page 409, between lines 13 and 14, insert Number 1 for purposes of mineral leasing and the following: MURKOWSKI AMENDMENT NO. 740 multiple use management. SEC. 2819. LAND CONVEYANCE, HAVRE AIR (Ordered to lie on the table.) ‘‘(2) Not later than one year after the date FORCE STATION, MONTANA, AND of the enactment of the National Defense HAVRE TRAINING SITE, MONTANA. Mr. MURKOWSKI submitted an Authorization Act for Fiscal Year 1998, the (a) CONVEYANCE AUTHORIZED.—(1) The Sec- amendment intended to be proposed by Secretary of Energy shall transfer to the retary of the Air Force may convey, without him to amendment No. 630 submitted Secretary of the Interior administrative ju- consideration, to the Bear Paw Development by him to the bill, S. 936, supra; as fol- risdiction over those public domain lands in- Corporation, Havre, Montana (in this section lows: cluded within the developed tract of Oil referred to as the ‘‘Corporation’’), all, right, Beginning on line 8, strike ‘‘If the Sec- Shale Reserve Numbered 3, which consists of title, and interest of the United States in retary’’ and all that follows and insert the approximately 6,000 acres and 24 natural gas and to the real property described in para- following: ‘‘If the Secretary purchases a fa- wells, together with pipelines and associated graph (2). cility for the production of tritium, the Nu- facilities. (2) The authority in paragraph (1) applies clear Regulatory Commission shall have li- ‘‘(3)(A) Except as provided in subparagraph to the following real property: censing and related regulatory authority (B), the Secretary of Energy shall continue (A) A parcel of real property, including any pursuant to chapters 6, 7, 8, and 10 of this after the transfer of administrative jurisdic- improvements thereon, consisting of ap- Act, and the Secretary shall be a person for tion over public domain lands within an oil proximately 85 acres and comprising the purposes of section 103 of this Act, with re- shale reserve under this subsection to be re- Havre Air Force Station, Montana. spect to that facility.’’. sponsible for taking any actions that are (B) A parcel of real property, including any necessary to ensure that the oil shale reserve improvements thereon, consisting of ap- is in compliance with the requirements of proximately 9 acres and comprising the SMITH OF NEW HAMPSHIRE Federal and State environmental laws that Havre Training Site, Montana. AMENDMENT NO. 741 are applicable to the reserve. (b) CONDITIONS OF CONVEYANCE.—The con- (Ordered to lie on the table.) ‘‘(B) The responsibility of the Secretary of veyance authorized by subsection (a) shall be Energy with respect to public domain lands subject to the following conditions: Mr. SMITH of New Hampshire sub- of an oil shale reserve under subparagraph (1) That the Corporation— mitted an amendment intended to be (A) shall terminate upon certification by the (A) convey to the Box Elder School Dis- proposed by him to the bill, S. 936, Secretary to the Secretary of the Interior trict 13G, Montana, 10 single-family homes supra; as follows:

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7017 At the end of subtitle A of title X, add the lease from active duty with a characteriza- ‘‘(B) Not later than May 1, 1998, the Sec- following: tion of service less favorable than honorable. retary of Defense shall modify the plan for SEC. 1009. INCREASED AMOUNTS FOR CHEMICAL ‘‘(2) A person who— evaluating the program submitted pursuant AND BIOLOGICAL DEFENSE ‘‘(A) performed active duty or inactive to paragraph (2) in order to provide for the COUNTERPROLIFERATION PRO- duty training as a commissioned officer or evaluation of the program at all of the des- GRAMS. warrant office in an armed force during the ignated treatment facilities, including the (a) INCREASE.—Notwithstanding any other Cold War; treatment facilities referred to in subpara- provision of this Act the amount authorized ‘‘(B) completed the initial service obliga- graph (B).’’; and to be appropriated under section 104 for tion as an officer; (4) in paragraph (4), as redesignated by chemical and biological defense counterpro- ‘‘(C) served in the armed forces after com- paragraph (2), by striking out ‘‘The Sec- liferation programs is hereby increased by pleting the initial service obligation; and retary’’ and inserting in lieu thereof ‘‘Not $67,000,000. ‘‘(D) has not been released from active later than May 1, 2000, the Secretary’’. (b) DECREASE.—Notwithstanding any other duty with a characterization of service less provision of this Act, the total amount au- favorable than honorable and has not re- HELMS AMENDMENT NO. 745 thorized to be appropriated under section ceived a discharge less favorable than an 301(4) for Air Force Operations & Mainte- honorable discharge. Mr. THURMOND (for Mr. HELMS) pro- nance is hereby decreased by $51,000,000. ‘‘(c) ONE AWARD AUTHORIZED.—Not more posed an amendment to the bill, S. 936, than one Cold War service medal may be supra; as follows: FAIRCLOTH AMENDMENT NO. 742 issued to any one person. At the end of subtitle E of title X, add the ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE- following: (Ordered to lie on the table.) CEASED.—If a person referred to in subsection SEC. 1075. DONATION OF EXCESS ARMY CHAPEL Mr. FAIRCLOTH submitted an (b) dies before being issued the Cold War PROPERTY TO CHURCHES DAMAGED amendment intended to be proposed by service medal, the medal may be issued to OR DESTROYED BY ARSON OR him to amendment No. 608 proposed by the person’s representative, as designated by OTHER ACTS OF TERRORISM. the Secretary concerned. (a) AUTHORITY.—Notwithstanding any Mr. THURMOND to the bill, S. 936, supra; ‘‘(e) REPLACEMENT.—Under regulations pre- other provision of law, the Secretary of the as follows: scribed by the Secretary concerned, a Cold Army may donate property described in sub- Strike out all after the section heading War service medal that is lost, destroyed, or section (b) to an organization described in and insert in lieu thereof the following: rendered unfit for use without fault or ne- section 501(c)(3) of the Internal Revenue Code Of the amount authorized to be appro- glect on the part of the person to whom it of 1986 that is a religious organization in priated under section 201(3), $1,651,000,000 is was issued may be replaced without charge. order to assist the organization in restoring available for engineering manufacturing and ‘‘(f) UNIFORM REGULATIONS.—The Secretary or replacing property of the organization development under the F–22 aircraft pro- of Defense shall ensure that regulations pre- that has been damaged or destroyed as a re- gram. scribed by the Secretaries of the military de- sult of an act of arson or terrorism, as deter- SEC. 221. MULTITECHNOLOGY INTEGRATION IN partments under this section are uniform so mined pursuant to procedures prescribed by MIXED-MODE ELECTRONICS. far as is practicable. the Secretary. (a) AMOUNT FOR PROGRAM.—Of the amount ‘‘(g) DEFINITIONS.—In this section, the term (b) PROPERTY COVERED.—The property au- authorized to be appropriated under section ‘Cold War’ means the period beginning on thorized to be donated under subsection (a) 201(4), $9,000,000 is available for Multitech- August 15, 1974, and terminating at the end is furniture and other property that is in, or nology Integration in Mixed-Mode Elec- of December 21, 1991.’’. formerly in, chapels closed or being closed tronics. (b) CLERICAL AMENDMENTS.—The table of and is determined as being excess to the re- (b) ADJUSTMENTS TO AUTHORIZATIONS OF sections at the beginning of such chapter is quirements of the Army. No real property APPROPRIATIONS.—(1) The amount authorized amended by adding at the end the following: may be donated under this section. to be appropriated under section 201(4) is ‘‘Sec. 1131. Cold War service medal.’’. (c) DONEES NOT TO BE CHARGED.—No hereby increased by $9,000,000. charge may be imposed by the Secretary on a donee of property under this section in (2) The amount authorized to be appro- THURMOND AMENDMENT NO. 744 priated under section 2204(a)(2) is reduced by connection with the donation. However, the $9,000,000. Mr. THURMOND proposed an amend- donee shall defray any expense for shipping ment to the bill, S. 936, supra; as fol- or other transportation of property donated lows: under this section from the location of the CRAIG AMENDMENT NO. 743 property when donated to any other loca- At the end of title VII, add the following: (Ordered to lie on the table.) tion. SEC. 708. CHIROPRACTIC HEALTH CARE DEM- Mr. CRAIG submitted an amendment ONSTRATION PROGRAM. JEFFORDS AMENDMENT NO. 746 intended to be proposed by him to the (a) TWO-YEAR EXTENSION.—Subsection (b) bill, S. 936, supra; as follows: of section 731 of the National Defense Au- Mr. THURMOND (for Mr. HELMS) pro- At the end of subtitle D of title V, add the thorization Act for Fiscal Year 1995 (Public posed an amendment to the bill, S. 936, following: Law 103–337; 108 Stat. 2809; 10 U.S.C. 1092 supra; as follows: note) is amended by striking out ‘‘1997’’ and SEC. 535. COLD WAR SERVICE MEDAL. On page 84, after line 23, add the following: inserting in lieu thereof ‘‘1999’’. (a) AUTHORITY.—Chapter 57 of title 10, SEC. 340. PROCUREMENT OF RECYCLED COPIER (b) EXPANSION TO AT LEAST THREE ADDI- United States Code, is amended by adding at PAPER. TIONAL TREATMENT FACILITIES.—Subsection the end the following: (a) REQUIREMENT.—(1) Except as provided (a)(2) of such section is amended by striking in subsection (b), a department or agency of ‘‘§ 1131. Cold War service medal out ‘‘not less than 10’’ and inserting in lieu the Department of Defense may not procure ‘‘(a) MEDAL REQUIRED.—The Secretary con- thereof ‘‘the National Naval Medical Center, copying machine paper after a date set forth cerned shall issue the Cold War service the Walter Reed Army Medical Center, and in paragraph (2) unless the percentage of medal to persons eligible to receive the not less than 11 other’’ post-consumer recycled content of the paper medal under subsection (b). The Cold War (c) REPORTS.—Subsection (c) of such sec- meets the percentage set forth with respect service medal shall be of an appropriate de- tion is amended— to such date in that paragraph. sign approved by the Secretary of Defense, (1) in paragraph (1), by striking out ‘‘Com- (2) The percentage of post-consumer recy- with ribbons, lapel pins, and other appur- mittees on Armed Services of the Senate cled content of paper required under para- tenances. and’’ and inserting in lieu thereof ‘‘Com- graph (1) is as follows: ‘‘(b) ELIGIBLE PERSONS.—The following per- mittee on Armed Services of the Senate and (A) 20 percent as of January 1, 1998. sons are eligible to receive the Cold War the Committee on National Security of’’; (B) 30 percent as of January 1, 1999. service medal: (2) by redesignating paragraph (3) as para- (C) 50 percent as of January 1, 2004. ‘‘(1) A person who— graph (4); (b) EXCEPTIONS.—A department or agency ‘‘(A) performed active duty or inactive (3) by inserting after paragraph (2) the fol- may procure copying machine paper having a duty training as an enlisted member of an lowing new paragraph (3): percentage of post-consumer recycled con- armed force during the Cold War; ‘‘(3)(A) Not later than January 30, 1998, the tent that does not meet the applicable re- ‘‘(B) completed the initial term of enlist- Secretary of Defense shall submit to the quirement in subsection (a) if— ment; committees referred to in paragraph (1) a re- (1) the cost of procuring copying machine ‘‘(C) after the expiration of the initial term port that identifies the additional treatment paper under such requirement would exceed of enlistment, reenlisted in an armed force facilities designated to furnish chiropractic by more than 7 percent the cost of procuring for an additional term or was appointed as a care under the program that were not so des- copying machine paper having a percentage commissioned officer or warrant officer in an ignated before the report required by para- of post-consumer recycled content that does armed force; and graph (1) was prepared, together with the not meet such requirement; ‘‘(D) has not received a discharge less fa- plan for the conduct of the program at the (2) copying machine paper having a per- vorable than an honorable discharge or a re- additional treatment facilities. centage of post-consumer recycled content

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7018 CONGRESSIONAL RECORD — SENATE July 8, 1997 meeting such requirement is not reasonably ministrator, shall establish, maintain, and (C) by inserting before subparagraph (B), as available within a reasonable period of time; use, to the maximum extent that is prac- so redesignated, the following new subpara- (3) copying machine paper having a per- ticable and cost-effective, procedures and graph (A): centage of post-consumer recycled content processes that employ electronic commerce ‘‘(A) the proposed procurement is for an meeting such requirement does not meet per- in the conduct and administration of its pro- amount not greater than the simplified ac- formance standards of the department or curement system. quisition threshold and is to be conducted agency for copying machine paper; or ‘‘(b) APPLICABLE STANDARDS.—In con- by— (4) in the case of the requirement in para- ducting electronic commerce, the head of an ‘‘(i) using widespread electronic public no- graph (2)(C) of that subsection, the Secretary agency shall apply nationally and inter- tice of the solicitation in a form that allows of Defense makes the certification described nationally recognized standards that broad- convenient and universal user access in subsection (c). en interoperability and ease the electronic through a single, governmentwide point of (c) CERTIFICATION OF INABILITY TO MEET interchange of information. entry; and ‘‘(c) AGENCY PROCEDURES.—The head of GOAL IN 2004.—If the Secretary determines ‘‘(ii) permitting the public to respond to each executive agency shall ensure that sys- that any department or agency of the De- the solicitation electronically.’’. tems, technologies, procedures, and proc- partment will be unable to meet the goal (2) Section 18(c)(1) of the Office of Federal esses established pursuant to this section— specified in subsection (a)(2)(C) by the date Procurement Policy Act (41 U.S.C. 416(c)(1)) ‘‘(1) are implemented with uniformity specified in that subsection, the Secretary is amended— throughout the agency, to the extent prac- shall certify that determination to the Com- (A) by striking out subparagraphs (A) and ticable; mittee on Armed Services of the Senate and (B); ‘‘(2) facilitate access to Federal Govern- the Committee on National Security of the (B) by redesignating subparagraphs (C), ment procurement opportunities, including House of Representatives. The Secretary opportunities for small business concerns, (D), (E), (F), (G), and (H) as subparagraphs shall submit such certification, if at all, not socially and economically disadvantaged (B), (C), (D), (E), (F), and (G), respectively; later than January 1, 2003. small business concerns, and business con- and cerns owned predominantly by women; and (C) by inserting before subparagraph (B), as HARKIN (AND DURBIN) ‘‘(3) ensure that any notice of agency re- so redesignated, the following new subpara- AMENDMENT NO. 747 quirements or agency solicitation for con- graph (A): tract opportunities is provided in a form ‘‘(A) the proposed procurement is for an Mr. LEVIN (for Mr. HARKIN, for him- that allows convenient and universal user amount not greater than the simplified ac- self and Mr. DURBIN) proposed an access through a single, government-wide quisition threshold and is to be conducted amendment to the bill, S. 936, supra; as point of entry. by— follows: ‘‘(d) IMPLEMENTATION.—The Administrator ‘‘(i) using widespread electronic public no- tice of the solicitation in a form that allows On page 59, after line 14, add the following shall, in carrying out the requirements of convenient and universal user access new paragraph (3): this section— through a single, governmentwide point of ‘‘(3) The Secretary of a military depart- ‘‘(1) issue policies to promote, to the max- entry; and ment may conduct a pilot program, con- imum extent practicable, uniform implemen- ‘‘(ii) permitting the public to respond to sistent with applicable requirements of law, tation of this section by executive agencies, the solicitation electronically.’’. to test any practices referred to in paragraph with due regard for differences in program requirements among agencies that may re- (3) The amendments made by paragraphs (2) that the Secretary determines could im- (1) and (2) shall be implemented in a manner prove the efficiency and effectiveness of quire departures from uniform procedures and processes in appropriate cases, when consistent with any applicable international depot-level operations, improve the support agreements. provided by depot-level activities for the warranted because of the agency mission; (f) CONFORMING AND TECHNICAL AMEND- armed forces user of the services of such ac- ‘‘(2) ensure that the head of each executive MENTS.—(1) Section 5061 of the Federal Ac- tivities, and enhance readiness by reducing agency complies with the requirements of subsection (c) with respect to the agency quisition Streamlining Act of 1994 (41 U.S.C. the time that it takes to repair equipment.’’ 413 note) is amended— On page 101, between lines 21 and 22, insert systems, technologies, procedures, and proc- esses established pursuant to this section; (A) in subsection (c)(4)— the following: (i) by striking out ‘‘the Federal acquisition ‘‘(3) For the purposes of this section, the and ‘‘(3) consult with the heads of appropriate computer network (‘FACNET’)’’ and insert- term ‘best commercial inventory practice’ ing in lieu thereof ‘‘the electronic com- includes a so-called prime vendor arrange- Federal agencies with applicable technical and functional expertise, including the Office merce’’; and ment and any other practice that the Direc- (ii) by striking out ‘‘(as added by section tor determines will enable the Defense Lo- of Information and Regulatory Affairs, the National Institute of Standards and Tech- 9001)’’; and gistics Agency to reduce inventory levels (B) in subsection (e)(9)(A), by striking out and holding costs while improving the re- nology, the General Services Administra- tion, and the Department of Defense. ‘‘, or by dissemination through FACNET,’’. sponsiveness of the supply system to user (2) Section 5401 of the Clinger-Cohen Act of needs.’’ ‘‘(e) ELECTRONIC COMMERCE DEFINED.—For the purposes of this section, the term ‘elec- 1996 (divisions D and E of Public Law 104–106; On page 268, line 8, strike out ‘‘(L)’’ and in- 40 U.S.C. 1501) is amended— sert in lieu thereof the following: tronic commerce’ means electronic tech- niques for accomplishing business trans- (A) in subsection (a)— ‘‘(L) Actions that can be taken to ensure (i) by striking out ‘‘through the Federal that each comptroller position and each actions, including electronic mail or mes- saging, World Wide Web technology, elec- Acquisition Computer Network (in this sec- comparable position in the Department of tronic bulletin boards, purchase cards, elec- tion referred to as ‘FACNET’)’’; and Defense, whether filled by a member of the tronic funds transfers, and electronic data (ii) by striking out the last sentence; Armed Forces or a civilian employee, is interchange.’’. (B) in subsection (b)— filled by a person who, by reason of edu- (b) REPEAL OF REQUIREMENTS FOR IMPLE- (i) by striking out ‘‘ADDITIONAL FACNET cation, technical competence, and experi- MENTATION OF FACNET CAPABILITY.—Section FUNCTIONS.—’’ and all that follows through ence, has the core competencies for financial 30A of the Office of Federal Procurement ‘‘(41 U.S.C. 426(b)), the FACNET architec- management. Policy Act (41 U.S.C. 426a) is repealed. ture’’ and inserting in lieu thereof ‘‘FUNC- ‘‘(M)’’. (c) REPEAL OF REQUIREMENT FOR GAO RE- TIONS.—(1) The system for providing on-line PORT.—Section 9004 of the Federal Acquisi- computer access’’; and THOMPSON (AND GLENN) tion Streamlining Act of 1994 (41 U.S.C. 426a (ii) in paragraph (2), by striking out ‘‘The AMENDMENT NO. 748 note) is repealed. FACNET architecture’’ and inserting in lieu (d) REPEAL OF CONDITION FOR USE OF SIM- there for ‘‘The system for providing on-line Mr. THURMOND (for Mr. THOMPSON, PLIFIED ACQUISITION PROCEDURES.—Section 31 computer access’’; for himself and Mr. GLENN) proposed an of the Office of Federal Procurement Policy (C) in subsection (c)(1), by striking out amendment to the bill, S. 936, supra; as Act (41 U.S.C. 427) is amended— ‘‘the FACNET architecture’’ and inserting in follows: (1) by striking out subsection (e); and lieu thereof ‘‘the system for providing on- (2) by redesignating subsections (f) and (g) At the end of subtitle E of title VIII, add line computer access’’; and as subsections (e) and (f), respectively. (D) by striking out subsection (d). the following: (e) AMENDMENTS TO PROCUREMENT NOTICE (3)(A) Section 2302c of title 10, United SEC. ll. USE OF ELECTRONIC COMMERCE IN REQUIREMENTS.—(1) Section 8(g)(1) of the States Code, is amended to read as follows: FEDERAL PROCUREMENT. Small Business Act (15 U.S.C. 637(g)(1)) is (a) POLICY.—Section 30 of the Office of Fed- amended— ‘‘§ 2302c. Implementation of electronic com- eral Procurement Policy Act (41 U.S.C. 426) (A) by striking out subparagraphs (A) and merce capability is amended to read as follows: (B); ‘‘(a) IMPLEMENTATION OF ELECTRONIC COM- ‘‘SEC. 30. USE OF ELECTRONIC COMMERCE IN (B) by redesignating subparagraphs (C), MERCE CAPABILITY.—(1) The head of each FEDERAL PROCUREMENT. (D), (E), (F), (G), and (H) as subparagraphs agency named in paragraphs (1), (5) and (6) ‘‘(a) IN GENERAL.—The head of each execu- (B), (C), (D), (E), (F), and (G), respectively; shall implement the electronic commerce ca- tive agency, after consulting with the Ad- and pability required by section 30 of the Office

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7019 of Federal Procurement Policy Act (41 U.S.C. 1996 (divisions D and E of Public Law 104–106; (3) the expected dates for leadership 426). 40 U.S.C. 1492(c)) is amended— changes in each Army Corps of Engineers ‘‘(2) The Secretary of Defense shall act (1) in subparagraph (A), by striking out ‘‘, District during that period; through the Under Secretary of Defense for and ranking of alternative sources,’’ and in- (4) a plan for optimizing the timing of lead- Acquisition and Technology to implement serting in lieu thereof ‘‘or sources,’’; ership changes so that there is minimal dis- the capability within the Department of De- (2) in subparagraph (B)— ruption to major phases of major Army fense. (A) in the matter preceding clause (i), by Corps of Engineers projects; and ‘‘(3) In implementing the electronic com- inserting ‘‘(or a longer period, if approved by (5) a review of the impact on the Army merce capability pursuant to paragraph (1), the Administrator)’’ after ‘‘30 to 60 days’’; Corps of Engineers, and on the mission of the head of an agency referred to in para- (B) in clause (i), by inserting ‘‘or sources’’ each District, of allowing major command graph (1) shall consult with the Adminis- after ‘‘source’’; and tours of District Engineers to be 2 to 4 years trator for Federal Procurement Policy. (C) in clause (ii), by striking out ‘‘that in duration, with the selection of the exact ‘‘(b) DESIGNATION OF AGENCY OFFICIAL.— source’’ and inserting in lieu thereof ‘‘the timing of the change of command to be at The head of each agency named in paragraph (5) or (6) of section 2303 of this title shall des- source whose offer is determined to be most the discretion of the Chief of Engineers who ignate a program manager to implement the advantageous to the Government’’; and shall act with the goal of optimizing the tim- electronic commerce capability for that (3) in subparagraph (C), by striking out ing of each change so that it has minimal agency. The program manager shall report ‘‘with alternative sources (in the order disruption on the mission of the District En- directly to an official at a level not lower ranked)’’. gineer. than the senior procurement executive des- (b) TIME MANAGEMENT DISCIPLINE.—Para- ignated for the agency under section 16(3) of graph (12) of such section is amended by in- serting before the period at the end the fol- SANTORUM (AND LIEBERMAN) the Office of Federal Procurement Policy AMENDMENT NO. 750 Act (41 U.S.C. 414(3)).’’. lowing: ‘‘, except that the Administrator (B) Section 2304(g)(4) of such title 10 is may approve the application of a longer Mr. THURMOND (for Mr. SANTORUM, amended by striking out ‘‘31(g)’’ and insert- standard period’’. for himself and Mr. LIEBERMAN) pro- ing in lieu thereof ‘‘31(f)’’. posed an amendment to the bill, S. 936, (4)(A) Section 302C of the Federal Property GRAHAM AMENDMENT NO. 749 and Administrative Services Act of 1949 (41 supra; as follows: U.S.C. 252c) is amended to read as follows: Mr. LEVIN (for Mr. GRAHAM) pro- At the end of subtitle E of title X, add the ‘‘SEC. 302C. IMPLEMENTATION OF ELECTRONIC posed an amendment to the bill, S. 936, following: COMMERCE CAPABILITY. supra; as follows: SEC. 844. TWO-YEAR EXTENSION OF APPLICA- ‘‘(a) IMPLEMENTATION OF ELECTRONIC COM- At the end of subtitle E of title X, add the BILITY OF FULFILLMENT STAND- ARDS FOR DEFENSE ACQUISITION MERCE CAPABILITY.—(1) The head of each ex- following: ecutive agency shall implement the elec- WORKFORCE TRAINING REQUIRE- SEC. 10 . REPORT ON THE COMMAND SELEC- tronic commerce capability required by sec- MENTS. TION PROCESS FOR DISTRICT ENGI- Section 812(c)(2) of the National Defense tion 30 of the Office of Federal Procurement NEERS OF THE ARMY CORPS OF EN- Policy Act (41 U.S.C. 426). GINEERS. Authorization Act for Fiscal Year 1993 (Pub- lic Law 102–484; 106 Stat. 2451; 10 U.S.C. 1723 ‘‘(2) In implementing the electronic com- (a) FINDINGS.—Congress finds that— merce capability pursuant to paragraph (1), (1) the Army Corps of Engineers— note) is amended by striking out ‘‘October 1, the head of an executive agency shall consult (A) has served the United States since the 1997’’ and inserting in lieu thereof ‘‘October with the Administrator for Federal Procure- establishment of the Corps in 1802; 1, 1999’’. ment Policy. (B) has provided unmatched combat engi- ‘‘(b) DESIGNATION OF AGENCY OFFICIAL.— neering services to the Armed Forces and the The head of each executive agency shall des- HARKIN (AND KEMPTHORNE) allies of the United States, both in times of AMENDMENT NO. 751 ignate a program manager to implement the war and in times of peace; electronic commerce capability for that (C) has brilliantly fulfilled its domestic Mr. LEVIN (for Mr. HARKIN, for him- agency. The program manager shall report mission of planning, designing, building, and self and Mr. KEMPTHORNE) proposed an directly to an official at a level not lower operating civil works and other water re- than the senior procurement executive des- amendment to the bill, S. 936, supra; as sources projects; ignated for the executive agency under sec- follows: (D) must remain constantly ready to carry tion 16(3) of the Office of Federal Procure- out its wartime mission while simulta- At the end of subtitle E of title V, add the ment Policy Act (41 U.S.C. 414(3)).’’. following: (B) Section 303(g)(5) of the Federal Prop- neously carrying out its domestic civil works mission; and SEC. 664. SUBSISTENCE OF MEMBERS OF THE erty and Administrative Services Act (41 ARMED FORCES ABOVE THE POV- U.S.C. 253(g)(5)) is amended by striking out (E) continues to provide the United States with these services in projects of previously ERTY LEVEL. ‘‘31(g)’’ and inserting in lieu thereof ‘‘31(f)’’. (a) FINDINGS.—Congress makes the fol- (h) EFFECTIVE DATE.—(1) Except as pro- unknown complexity and magnitude, such as the Everglades Restoration Project and the lowing findings: vided in paragraph (2), the amendments (1) The morale and welfare of members of made by this section shall take effect 180 Louisiana Wetlands Restoration Project; (2) the duration and complexity of these the Armed Forces and their families are key days after the date of the enactment of this components of the readiness of the Armed Act. projects present unique management and Forces. (2) The repeal made by subsection (c) of leadership challenges to the Army Corps of this section shall take effect on the date of Engineers; (2) Several studies have documented sig- the enactment of this Act. (3) the effective management of these nificant instances of members of the Armed Forces and their families relying on various SEC. ll. CONFORMANCE OF POLICY ON PER- projects is the primary responsibility of the FORMANCE BASED MANAGEMENT District Engineer; forms of income support under programs of OF CIVILIAN ACQUISITION PRO- (4) District Engineers serve in that posi- the Federal Government, including assist- GRAMS WITH POLICY ESTABLISHED tion for a term of 2 years and may have their ance under the Food Stamp Act of 1977 (7 FOR DEFENSE ACQUISITION PRO- term extended for a third year on the rec- U.S.C. 2012(o)) and assistance under the spe- GRAMS. ommendation of the Chief of Engineers; and cial supplemental nutrition program for (a) PERFORMANCE GOALS.—Section 313(a) of (5) the effectiveness of the leadership and women, infants, and children under section the Federal Property and Administrative management of major Army Corps of Engi- 17 of the Child Nutrition Act of 1966 (42 Services Act of 1949 (41 U.S.C. 263(a)) is neers projects may be enhanced if the timing U.S.C. 1786). amended to read as follows: of District Engineer reassignments were (b) SENSE OF CONGRESS.—It is the sense of ‘‘(a) CONGRESSIONAL POLICY.—It is the pol- phased to coincide with the major phases of Congress that the Secretary of Defense icy of Congress that the head of each execu- should strive— tive agency should achieve, on average, 90 the projects. (1) to eliminate the need for members of percent of the cost, performance, and sched- (b) REPORT.—Not later than March 31, 1998, the Armed Forces and their families to sub- ule goals established for major acquisition the Secretary of Defense shall submit a re- sist at, near, or below the poverty level; and programs of the agency.’’. port to Congress that contains— (2) to improve the wellbeing and welfare of (b) CONFORMING AMENDMENT TO REPORTING (1) an identification of each major Army REQUIREMENT.—Section 6(k) of the Office of Corps of Engineers project that— members of the Armed Forces and their fam- Federal Procurement Policy Act (41 U.S.C. (A) is being carried out by each District ilies by implementing, and programming full 405(k)) is amended by inserting ‘‘regarding Engineer as of the date of the report; or funding for, programs that have proven effec- major acquisitions that is’’ in the first sen- (B) is being planned by each District Engi- tive in elevating the standard of living of tence after ‘‘policy’’. neer to be carried out during the 5-year pe- members and their families significantly SEC. ll. MODIFICATION OF PROCESS REQUIRE- riod beginning on the date of the report; above the poverty level. MENTS FOR THE SOLUTIONS-BASED (2) the expected start and completion (c) STUDY REQUIRED.—(1) The Secretary of CONTACTING PILOT PROGRAM. dates, during that period, for each major Defense shall conduct a study of members of (a) SOURCE SELECTION.—Paragraph (9) of phase of each project identified under para- the Armed Forces and their families who section 5312(c) of the Clinger-Cohen Act of graph (1); subsist at, near, or below the poverty level.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7020 CONGRESSIONAL RECORD — SENATE July 8, 1997 (2) The study shall include the following: the disposal of chemical weapons and agents mittee on Agriculture, Nutrition, and (A) An analysis of potential solutions for in order to facilitate the disposal of such Forestry be allowed to meet during the mitigating or eliminating the need for mem- weapons and agents without the construc- session of the Senate on Tuesday, July bers of the Armed Forces and their families tion of additional chemical weapons disposal 8, 1997, at 9 a.m. in SR–328A to receive to subsist at, near, or below the poverty facilities in the continental United States. level, including potential solutions involving (b) ELEMENTS.—The report shall include testimony regarding rural electric loan changes in the systems and rates of basic al- the following: portfolio and electricity deregulation. lowance for subsistence, basic allowance for (1) a description of each option evaluated; The PRESIDING OFFICER. Without quarters, and variable housing allowance. (2) an assessment of the lifecycle costs and objection, it is so ordered. (B) Identification of the populations most risks associated with each option evaluated; COMMITTEE ON ARMED SERVICES likely to need income support under Federal (3) a statement of any technical, regu- Mr. THURMOND. Mr. President, I Government programs, including— latory, or other requirements or obstacles (i) the populations living in areas of the with respect to each option, including with ask unanimous consent that the Com- United States where housing costs are nota- respect to any transportation of weapons or mittee on Armed Services be author- bly high; agents that is required for the option; ized to meet on Tuesday, July 8, 1997, (ii) the populations living outside the (4) an assessment of incentives required for at 2:15 p.m. in executive session, to United States; and sites to accept munitions or agents from out- consider the nomination of Gen. Wes- (iii) the number of persons in each identi- side their own locales, as well as incentives ley K. Clark, USA, to be Commander- fied population. to enable transportation of these items in-Chief, U.S. European Command. (C) The desirability of increasing rates of across state lines; The PRESIDING OFFICER. Without basic pay and allowances over a defined pe- (5) an assessment of the cost savings that riod of years by a range of percentages that could be achieved through either the applica- objection, it is so ordered. provides for higher percentage increases for tion of uniform federal transportation or COMMITTEE ON GOVERNMENTAL AFFAIRS lower ranking personnel than for higher safety requirements and any other incen- Mr. THURMOND. Mr. President, I ranking personnel. tives consistent with the transportation and ask unanimous consent on behalf of the (d) IMPLEMENTATION OF DEPARTMENT OF DE- safe disposal of stockpile and nonstockpile Governmental Affairs Committee spe- FENSE SPECIAL SUPPLEMENTAL FOOD PRO- chemical weapons and agents; and cial investigation to meet on Tuesday, GRAM FOR PERSONNEL OUTSIDE THE UNITED (6) proposed legislative language necessary STATES.—(1) Section 1060a(b) of title 10, to implement options determined by the Sec- July 8, at 10 a.m. for a hearing on cam- United States Code, is amended to read as retary to be worthy of consideration by the paign financing issues. follows: Congress. The PRESIDING OFFICER. Without ‘‘(b) FEDERAL PAYMENTS AND COMMOD- f objection, it is so ordered. ITIES.—For the purpose of obtaining Federal SUBCOMMITTEE ON ADMINISTRATION OVERSIGHT payments and commodities in order to carry NOTICE OF HEARINGS AND THE COURTS out the program referred to in subsection (a), COMMITTEE ON ENERGY AND NATURAL Mr. THURMOND. Mr. President, I the Secretary of Agriculture shall make RESOURCES available to the Secretary of Defense the ask unanimous consent that the Sub- same payments and commodities as are Mr. MURKOWSKI. Mr. President, I committee on Administrative Over- made for the special supplemental food pro- would like to announce for the infor- sight and the Courts, of the Senate gram in the United States under section 17 of mation of the Senate and the public Committee on the Judiciary, be au- the Child Nutrition Act of 1966 (42 U.S.C. that the nominations of Robert G. thorized to meet during the session of 1786). Funds available for the Department of Stanton to be Director, National Park the Senate on Tuesday, July 8, 1997, at Defense may be used for carrying out the Service and Kneeland C. Youngblood to 9:30 a.m. to hold a hearing in room 226, program under subsection (a).’’. be a member of the U.S. Enrichment Senate Dirksen Building, on: ‘‘Over- (2) Not later than 90 days after the date of the enactment of this Act, the Secretary of Corporation will be considered at the sight of the administrative process for Defense shall submit to Congress a report re- hearing scheduled for Thursday, July disposing of Government surplus parts garding the Secretary’s intentions regarding 17, 1997, at 9:30 a.m. in room SD–366 of and equipment.’’ implementation of the program authorized the Dirksen Senate Office Building in The PRESIDING OFFICER. Without under section 1060a of title 10, United States Washington, DC. objection, it is so ordered. Code, including any plans to implement the For further information, please call SUBCOMMITTEE ON AFRICAN AFFAIRS program. Camille Flint at (202) 224–5070. Mr. THURMOND. Mr. President, I COMMITTEE ON ENERGY AND NATURAL ask unanimous consent that the Afri- WARNER AMENDMENT NO. 752 RESOURCES can Affairs Subcommittee of the Com- (Ordered to lie on the table.) Mr. MURKOWSKI. Mr. President, I mittee on Foreign Relations be author- Mr. WARNER submitted an amend- would like to announce for the public ized to meet during the session of the ment intended to be proposed by him that a hearing has been scheduled be- Senate on Tuesday, July 8, 1997, at 10 to the bill, S. 935, supra; as follows: fore the full Committee on Energy and a.m. to hold a hearing. At the end of subtitle F of title V, add the Natural Resources. The PRESIDING OFFICER. Without following: The hearing will take place Tuesday, objection, it is so ordered. SEC. 557. GRADE OF DEFENSE ATTACHE´ IN July 22, 1997, at 9 a.m. in room SD–366 SUBCOMMITTEE ON EAST ASIAN AND PACIFIC FRANCE. of the Dirksen Senate Office Building AFFAIRS The Secretary of Defense and the Chair- in Washington, DC. Mr. THURMOND. Mr. President, I man of the Joint Chiefs of Staff shall take The purpose of the hearing is to re- ask unanimous consent that the Sub- actions appropriate to ensure that each offi- view the Department of the Interior’s committee on East Asian and Pacific cer selected for assignment to the position of handling of the Ward Valley land con- defense attache´ in France is an officer who Affairs of the Committee on Foreign holds, or is promotable to, the grade of brig- veyance, the findings of a new General Relations to authorized to meet during adier general or, in the case of the Navy, Accounting Office [GAO] report on the the session of the Senate on Tuesday, rear admiral (lower half). issue, and to receive testimony on S. July 8, 1997, at 2:30 p.m. to hold a hear- 964, the Ward Valley Land Transfer ing. MURKOWSKI AMENDMENT. NO. 753 Act. The PRESIDING OFFICER. Without Those wishing to submit written objection, it is so ordered. Mr. MURKOWSKI proposed an statements should contact David f amendment to the bill, S. 936, supra; as Garman of the committee staff at (202) follows: 224–8115. ADDITIONAL STATEMENTS At an appropriate place in title III, insert f the following: SEC. . REPORT ON OPTIONS FOR THE DISPOSAL AUTHORITY FOR COMMITTEES TO SPECIAL THANKS TO THE TASTY OF CHEMICAL WEAPONS AND MEET BAKING CO. OF PHILADELPHIA AGENTS. COMMITTEE ON AGRICULTURE, NUTRITION, AND ∑ (a) REQUIREMENT.—Not later than March Mr. SANTORUM. Mr. President, I 15, 1998, the Secretary of Defense shall sub- FORESTRY would like to take a few moments of mit to Congress a report on the options Mr. THURMOND. Mr. President, I Senate business to give a special word available to the Department of Defense for ask unanimous consent that the Com- of thanks to the Tasty Baking Co. for

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7021 its generosity to some very special In response to these types of alarm- The Safer Schools Act of 1997 will inner-city children. ing figures, Senator DORGAN and I in- prevent kids who do bring a gun to As many of my colleagues may re- troduced the Gun Free Schools Act in school from slipping through a school’s call, the Philadelphia Flyers recently 1994 to set a zero-tolerance policy to reasonable disciplinary process. faced the Detroit Red Wings in the keep America’s schools gun-free. The Fortunately, last September’s court Stanley Cup Finals. To make the game goal of this legislation was to remove ruling that a gun can be excluded from a bit more interesting, Senator ABRA- firearms from all public schools in the use as evidence in an internal school HAM and I placed a friendly wager on United States. disciplinary proceeding was ultimately the outcome. Unlike most interests in Although we still have a way to go to reversed. But a similar ruling could be this series, the junior Senator from make all schools gun-free, this zero- made in another State. Michigan and I each picked a food tolerance policy is working to make This legislation would send a clear donor and an inner-city school that our schools safer. A preliminary report signal that guns have no place in the would receive a complimentary party. recently released from the U.S. Depart- hands of our children or in the hall- If the Flyers lost, the Tasty Bakery ment of Education provides irrefutable ways and classrooms of their schools. agreed to donate 800 Tastykakes—400 proof that this law is well on its way All children should be able to go to to Warren G. Harding Elementary toward meeting this important goal. I school without fearing for their safety. School in Detroit and 400 to William am told that a full report on all the This legislation also would say to Penn High School in Philadelphia. If States will be due out sometime later school administrators throughout the the Red Wings lost, Little Caesars this summer. Nation that it is perfectly legitimate Pizza would give a pizza party to both The Gun Free Schools Act has been to conduct a disciplinary proceeding in schools. Regardless of the outcome, the responsible for the expulsions of more cases where a student has brought a children stood to win. than 6,276 students in 29 States caught gun to school. The schools can conduct Mr. President, I’m sorry to say that during the 1995–96 school year for try- a fair and reasonable proceeding that the Flyers did not bring the Stanley ing to carry guns to school. This means allows them to ensure the safety of Cup back home to Pennsylvania. So, on there were 6,276 fewer opportunities for their school grounds. June 16, the students of William Penn a child to be killed or injured by gun- The bottom line is that the Gun Free enjoyed their complimentary fire at school in the United States. Ac- Schools Act has helped reduce the Tastykakes and Crazy Bread—which cording to the California Department threat of guns from our Nation’s Little Caesars graciously donated de- of Education, there were 1,039 firearms- schools. With the Safer Schools Act of spite the Red Wings’ victory. Recently, related expulsions in public schools in 1997, we give school officials and teach- the children of Warren G. Harding Ele- California during this same period. The ers much needed flexibility to ensure mentary celebrated their victory entire State of California has 1,043 that America’s schools are safe havens party. school districts. Amazingly, this trans- so that children can escape the vio- In closing, I would like to thank Lit- lates into an average of one expulsion lence that engulfs so many of their tle Caesars and the men and women at for every district in my State. lives. the Tasty Bakery for making these Today, each and every one of the 50 I urge my colleagues to support this parties possible. I would particularly States and the District of Columbia legislation.∑ like to thank Kathleen Grim, Tasty have complied with the Gun Free f Bakery’s manager of community af- Schools Act by passing laws requiring TRIBUTE TO NEW HAMPSHIRE’S fairs, for coordinating this effort. I ask schools to expel—for at least 1 year 368TH ENGINEER BATTALION ON my colleagues to join me in extending —students who are caught carrying a THEIR 50TH ANNIVERSARY the Senate’s best wishes for continued gun. success to the Tasty Bakery in Phila- But the ruling of an appellate court ∑ Mr. SMITH of New Hampshire. Mr. delphia, PA.∑ in New York threatens to undermine President, I rise today to pay tribute f the progress we have made in setting a to New Hampshire’s 368th Engineer zero-tolerance policy for guns in Battalion as they celebrate their 50th SAFER SCHOOLS ACT OF 1997 schools. anniversary at a gala celebration in ∑ Mrs. FEINSTEIN. Mr. President, I The appellate court in this particular Manchester on July 19th. rise today to urge my colleagues to case applied the same evidentiary Mr. President, I wish to honor the support legislation introduced by Sen- standards that apply to criminal pro- nearly 1,000 men and women of New ator BYRON DORGAN and myself—the ceedings in what was a school discipli- Hampshire’s 368th Engineer Battalion Safer Schools Act of 1997—which will nary action. The school, however, re- who are known as much for their ef- ensure that students who bring guns to fused to lift the student’s suspension forts in international peace building school can be suspended. and as a result, their action was upheld campaigns as their wartime readiness. This legislation was originally intro- by the State Court of Appeals. They have earned an enviable reputa- duced late last session in reaction to a Mr. President, I believe that common tion from their community action startling ruling by an appellate court sense was cast aside with the appellate projects that include building roads, in New York that said a student should court ruling. Incredibly, what the ap- bridges, schools, hospitals to disaster not have been suspended from school pellate court’s decision said was that relief projects. because the weapon he was carrying this student should not have been ex- The 368th Engineer Battalion was was uncovered during a search without pelled from school and that his record formed in 1947 from engineer and heavy a warrant. should be expunged from any wrong- maintenance units. The battalion has We have reached a crisis in this coun- doing in the case. been headquartered in Concord and try—a crisis which makes it difficult Our legislation states very clearly Manchester and they have also had for parents to see their children off to that the exclusionary rule should not units in Laconia, Rochester, Gilford, school in the morning, for fear they be applied in school disciplinary pro- West Lebanon, NH, as well as White will never see them again. ceedings. What the legislation says is River Junction, VT, and Attleboro and Each day in America, it is estimated that you cannot exclude a gun as evi- Danvers, MA. that 100,000 guns are brought into dence in a disciplinary action in The 368th Battalion has made a sub- American schools. According to the school. stantial contribution to the quality of Centers for Disease Control, 2 in 25 This common-sense legislation does life for residents of the Granite State. high school students, or 7.9 percent, re- not violate the constitutional rights of The Engineer Battalion has developed port having carried a gun in the last 30 children. This bill does not exonerate disaster relief models for such disasters days. In Los Angeles, according to an school officials who conduct unreason- as the recent Alton, NH dam breach ACLU survey conducted earlier this able or unlawful searches and persons where the unit played a critical role in year, 49 percent of high school students who have been aggrieved will have clearing flood debris, stabilizing ero- said they have seen a weapon in school, every right to pursue judicial or statu- sion and restoring local transportation many of them guns. tory remedies available. facilities for the residents of the small

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7022 CONGRESSIONAL RECORD — SENATE July 8, 1997 Lakes Region community, which I and As we approach the 221st anniversary vania, and most currently, the Dr. the citizens of Alton are very thankful of our Nation’s independence, it is ap- Ruth W. Hayre Scholarship Fund. Dr. for their exceptional work in that time propriate that we remember the brav- Hayre is also actively involved in reli- of crisis. Helping others is the corner- ery and commitment of individuals gious, civic, and community service or- stone of the 368th Engineer Battalion, like Lieutenant Ward and Sergeant ganizations such as the Northeast- making the Granite State a safer place Drager. We continue to enjoy the free- erners, the Coalition of 100 Black to live and raise a family. doms that we have cherished since the Women, and the Alpha Kappa Alpha so- The 368th has seen their share of founding of the Republic because of the rority. service on foreign soils in their 50-year sacrifice of millions of courageous men Dr. Hayre has received numerous history, where they have lived and co- and women who heeded the call to duty awards and commendations for her operated with the civilian community when our Nation needed them. contributions to the field of education. including the countries of Italy, Ger- America is profoundly thankful for For instance, the Governor of Pennsyl- many, Honduras, Guatemala, Korea, the patriotism of these men, and for vania honored her as a Distinguished and Kenya. They have continued their this reason I stand today to recognize Daughter of Pennsylvania for estab- community action projects in building them for their accomplishments.∑ lishing the Wings to Excellence Pro- gram at William Penn High School. clinics, roads, and sanitation facilities f which have had long term impact on Likewise, she received the Philadelphia TRIBUTE TO DR. RUTH WRIGHT the quality of civilian life and health Award for her efforts to provide quality HAYRE for the people of the world. education for all. The University of The decision by the U.S. Government ∑ Mr. SANTORUM. Mr. President, I Pennsylvania and Temple University to invest $17 million to create a new rise today to honor Dr. Ruth Wright have each granted her honorary doc- joint service reserve center at Man- Hayre upon her retirement as president toral degrees. Similarly, she received chester Airport is a testament to the of the Philadelphia School District’s national recognition for establishing a professionalism and commitment to Board of Education. fund at Temple University to provide excellence embodied in the 368th. The Dr. Hayre is a remarkable woman college tuition for 119 graduates of the facility will enable the 368th to con- whose successful career was built on sixth grade classes of the Kenderton tinue serving our Nation with distinc- the strong work ethic she developed and Wright Schools who complete high tion well into the next century. early in life. At the age of 15, Dr. Hayre school and are admitted to an accred- I commend New Hampshire’s 368th graduated with honors from West ited college. All of her achievements Engineer Battalion for their dedication Philadelphia High School. After win- notwithstanding, Dr. Hayre once re- to the community which is the embodi- ning the mayor’s scholarship to the marked that her greatest accomplish- ment of the American ideal. People University of Pennsylvania, she earned ment was, ‘‘Being a wife, a mother, and like the members of the 368th are the both her undergraduate and graduate a grandmother.’’ Mr. President, Dr. Hayre is truly a backbone of their communities and our degrees. great American. She has dedicated her Nation. I am proud to represent them Once Ruth completed her studies, she life to one of the single most important in the U.S. Senate. Happy 50th anniver- began a distinguished career in the vocations—educating young people. I sary.∑ field of education. Dr. Hayre’s teaching career began at Arkansas State Col- ask my colleagues to join me in hon- f lege, but eventually, Ruth returned to oring Dr. Ruth W. Hayre for her life- TRIBUTE TO NEW JERSEY WORLD Philadelphia to teach English at long accomplishments and in extending WAR II HEROES Sulzberger Junior High School. At Wil- the Senate’s best wishes for continued ∑ ∑ Mr. TORRICELLI. Mr. President, I liam Penn High School, she was pro- happiness as she retires. rise today to acknowledge the courage moted from teacher to vice principal f and sacrifice of 2d Lt. George A. Ward, and then to principal. Dr. Hayre’s REV. ROSCOE C. WILSON achievements are even more impressive of Hoboken, and S. Sgt. William ∑ Mr. HOLLINGS. Mr. President, I rise considering that she was the very first Drager, of Hackettstown, NJ. Lieuten- today in recognition of one of South ant Ward was the bombadier and Ser- African-American teacher in the Phila- Carolina’s finest citizens, Rev. Roscoe geant Drager the gunner on a B–24J delphia school system, the first Afri- C. Wilson, pastor of Saint John Baptist airplane during World War II flying can-American high school teacher, and Church in Columbia. For the past 50 missions out of a base near Liuzhou, the first African-American principal of years, Reverend Wilson has presided China. a Philadelphia senior high school. over the same church and during this On August 31, 1944, Lieutenant Ward, Still, this was only the beginning. time, the congregation has increased Sergeant Drager and eight other crew- Ruth rose to the position of super- from 150 to over 800 members. men off for what would be their second intendent of district four. Once again, Roscoe Wilson began his career of and final mission. The bomber success- her list of firsts grew, since she was the public service very early. In 1942, after fully attacked Japanese ships and first African-American superintendent graduation from high school, he joined dropped mines near Taiwan before of a Philadelphia public school. On De- the U.S. Army where he served for the heading back to base. However, the cember 2, 1985, she received an appoint- next 41⁄2 years. Upon his discharge in plane was diverted because their base ment to the Philadelphia Board of Edu- 1946, young Roscoe moved to Columbia, was under attack, and bad weather at cation. Five years later, Dr. Hayre was SC, and entered Benedict College where the alternate landing site resulted in unanimously elected president of the he earned his bachelor of arts and orders to circle while awaiting clear- board—becoming the first female to bachelor of divinity degrees. It was ance to land. hold this position. In 1991, she was re- there that he met his future wife, the They never made it. Their B–24 elected as president of the board. More- late Ethel Celeste Williams. crashed into a cliff 6,000 feet up the over, she has taught a course in urban In 1948, at an unusually tender age, side of Maoer Mountain, southern Chi- education and administration at the Roscoe Wilson was appointed pastor of na’s highest peak, where dense bamboo University of Pennsylvania. After Saint John Baptist Church. Together and grotto-like slashes in the granite years of dedication to the children of Roscoe and Ethel Wilson built a strong face swallowed the wreckage and the Philadelphia, she is retiring this year. parish and became part of the tightly bodies of all 10 crewmen. In addition to her commitment to knit Benedict College community. The crash site lay undisturbed for 52 education, Ruth has served her commu- Ethel Wilson worked at the college and years until two Chinese farmers hunt- nity in numerous other ways. She has was fondly named ‘‘Ma’’ by the stu- ing for wild herbs found it last October. served on the boards of many pres- dents. The Wilsons often provided The discovery finally solved the mys- tigious organizations including Blue housing for out-of-town students who tery of what happened to the crew, and Cross, the Philadelphia Council of Boy were unable to afford a room on cam- brought both some comfort and re- Scouts, the Afro-American Historical pus. Reverend Wilson still refers to newed heartache to the families of the and Cultural Museum, the Educational them as his foster children. The Wil- airmen. Alumni of the University of Pennsyl- sons raised two of their own, Roscoe,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7023 Jr., and Preston. Roscoe, Jr., director comparable urban enterprises. At a ments that have been made in Guyana of the Midlands Marine Institute, a time when small businesses are being in the past 31 years. foundation for troubled youth, is mar- recognized for their valuable contribu- For 32 years, the country of Guyana ried to the former Eva Rakes, and has tions to our economic growth and sta- has worked to improve its standing two children, Renaldo and Asia. Pres- bility, small businesses are facing in- within the international community ton is a well-known carpenter in the creasing demands for credit, and Small and establish itself as a well-respected Columbia area, most noted for his Business Administration funding is fre- democracy. I am sure you will agree woodwork. quently being challenged. that Guyana has succeeded in these Social activism has appropriately Historically, rural economic activity two goals. Participation in both the been the hallmark of Reverend Wil- has been synonymous with agricultural United Nations and the Caribbean Free son’s pastoral career. During the early production. Today, this is no longer Trade Area have meant better rela- civil rights movement, he worked to the case. The number of farms in the tions with the rest of the world. In ad- peacefully integrate public health fa- United States has declined dramati- dition, the smooth transition of power cilities such as the Crafts-Farrow Men- cally from about 6 million in the first between President Hoyte and President tal Hospital and the Bryan S. Dorn half of this century, to about 2 million Jagan in 1992 signify the end of polit- Veterans Hospital. Saint John Baptist farms in 1990. While agriculture is still ical oppression in Guyana. Church, which has a large outreach an important component of rural I have been pleased with the United States’ decision to reinstate the eco- ministry, runs a progressive preschool America and its credit needs are rea- nomic assistance to Guyana it had sus- serving approximately 100 children be- sonably well addressed; the financial pended in 1982 because it represents our tween the ages of 3 and 5 years old. needs of rural nonagricultural business willingness to take an active interest This preschool program has been an require attention now more than ever. in Guyana. I hope that this partnership enormous success. Its pupils begin first While government sponsored enter- between Guyana and the United States prises [GSE’s] have contributed to the grade with strong skills and high con- will continue to flourish as Guyana fidence. successes of agriculture and rural hous- capitalizes on the progress that inde- In the little free time he has, Rev- ing by providing competitive and reli- pendence has encouraged. Privatiza- erend Wilson enjoys the outdoors. He able credit, there has been no GSE fi- tion, growth and decreased inflation loves to hunt and fish and occasionally nancing for rural nonagricultural busi- are only a few of the ways in which the returns to Texas to visit family. It is nesses. As all of these reports point quality of life in Guyana has improved. at home in Columbia, though, where he out, credit options for nonagricultural These reforms can and must continue. indulges his true passion, gardening. business are relatively scarce, expen- The Guyanese have made tremendous He says that tending his roses helps sive, and sometimes nonexistent. Yet, achievements so far. With the contin- him to focus on the important things. as the GAO and the Fed reports point ued commitment of its population, on- It is this care and focus which has out, economic development in these going growth can be a reality. I look made him such a successful pastor. He areas is actually hindered by these bor- forward to 32 more years of positive tends his congregation like his rose rowers’ difficulties in obtaining cap- news from this country.∑ bed. Saint John Baptist Church will ital. f dearly miss Reverend Wilson though The facts are worrisome. As the his work with the church and the com- RUPRI study points out, many rural TRIBUTE TO WILLIAM F. munity will undoubtedly continue. All areas were bypassed by recent employ- LUEBBERT of us in South Carolina are very grate- ment growth. Existing rural employ- ∑ Mr. SMITH of New Hampshire. Mr. ful for this Texas transplant. We wish ment is concentrated in slow-growth or President, I rise today to pay tribute him the very best in his future endeav- declining industries. Job growth in to William F. Luebbert of Hanover, NH, ors.∑ rural areas, particularly rural areas for his outstanding service as a volun- f that are not adjacent to metropolitan teer executive in Vladivostok, Russia. areas, is biased toward low-skill, low- William worked on a volunteer mis- RURAL CREDIT NEEDS wage activities. USDA has stated that sion with the International Executive ∑ Mr. BENNETT. Mr. President, I ad- ‘‘Rural economies are characterized by Service Corps, a nonprofit organization dress today an issue of significant im- a preponderance of small businesses, which sends retired Americans to as- portance to my home State of Utah. As fewer and smaller local sources of fi- sist businesses and private enterprises you know, the State of Utah is largely nancial capital, less diversification of in the developing countries and the rural. Of 29 counties in the State of business and industry, and fewer ties to new emerging democracies of Central Utah, 25 are classified as rural by the non-local economic activity.’’ and Eastern Europe and the former So- U.S. Department of Agriculture Rural nonagricultural businessmen viet Union. [USDA]. For this reason, I have a keen seek to be contributing members of our William assisted the Vladivostok State University of Economics with its interest in rural issues in general and, economic society. They do not seek a computer technology. He is the retired as a member of the banking com- Federal hand out. They look for equal director of academic computing at mittee, rural credit issues in par- credit opportunities and an oppor- USMA (West Point). William is also a ticular. tunity to participate fully in the same I have read with interest the recent retired U.S. Army colonel. business activities of their urban coun- William, and his wife Nancy, spent a reports from the Rural Policy Research terparts. Institute [RUPRI], the General Ac- month in Russia. Their outstanding pa- As a political body, we need to con- triotic engagement provides active as- counting Office [GAO], and the USDA sider the plight of rural non- sistance for people in need and helps on rural credit needs. I have also re- agricultural businesses and the great build strong ties of trust and respect viewed the proceedings of the Kansas potential that they offer our economy. between Russia and America. William’s City Fed’s conference on ‘‘Financing I bring this issue to the attention of mission aids at ending the cycle of de- Rural America.’’ These documents my colleagues in the hope we can work pendency on foreign assistance. present no surprises for those of us who together and review constructive solu- I commend William for his dedicated represent rural areas. While each study tions to this program.∑ service and I am proud to represent approaches its task in a unique man- f him in the U.S. Senate.∑ ner, all of these reports are similar in f their conclusions. They note that while GUYANA rural financial markets work reason- ∑ Mr. TORRICELLI. Mr. President, I SOUTH CAROLINA WATERMELONS: ably well, not all market segments are rise today to recognize Guyana as it MOTHER NATURE’S PERFECT equally well served. They all agree that celebrates the thirty-first anniversary CANDY small businesses from rural areas can of its independence. The Guyanese ∑ Mr. HOLLINGS. Mr. President, as have a difficult time obtaining financ- American community has a great deal Americans across the United States ing, have fewer credit options, and may of history to celebrate, and I wish to celebrated Independence Day this past well pay more for their credit than recognize the changes and advance- weekend, many enjoyed the summer

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7024 CONGRESSIONAL RECORD — SENATE July 8, 1997 delight of a red, juicy watermelon. I I hope they all will remember the folks [From the Washington Post, June 25, 1997] rise today to recognize watermelon in South Carolina who made this en- DIKTAT FROM WASHINGTON farmers, the people who make this deavor possible: Jim Williams of Wil- (By Jim Hoagland) Fourth of July tradition possible. liams Farms in Lodge; Les Tindal, our NEW YORK—The devil that always lurks All day yesterday and today, my State agriculture commissioner; Mar- in the details of cosmic feats of diplomacy staff, along with the staffs of Rep- tin Eubanks and Minta Wade of the has suddenly emerged to jab President Clin- resentative JOHN SPRATT and Rep- South Carolina Department of Agri- ton’s plans for NATO expansion with several resentative JIM CLYBURN, will be deliv- sharp pitchforks. culture; Randy Cockrell and the mem- The pitchforks will not derail the adminis- ering South Carolina watermelons to bers of the South Carolina Watermelon tration’s rush for expansion of the Atlantic offices throughout the Senate and Association; and finally, Bennie alliance. But they could tarnish an event House of Representatives. Thanks to Hughes and the South Carolina Water- Clinton had confidently expected to be a South Carolina watermelon farmers melon Board in Columbia. They all crown jewel in his presidential legacy—the such as Jim Williams of Lodge in have worked extremely hard to ensure NATO summit in Madrid two weeks away. Colleton County, those of us here in That meeting now will be approached with- that Congressmen can get a taste of out great enthusiasm by many of America’s Washington will be able to cool off South Carolina. from the summer heat with a delicious European allies, who are disturbed by what So, I hope everyone in our Nation’s some see as an American attempt to ‘‘dic- South Carolina watermelon. Capital will be smiling as they enjoy tate’’ to them who will be admitted as new This year, farmers across South the pleasure of a South Carolina water- members of the alliance. Carolina planted more than 11,000 acres melon.∑ France and a half-dozen other countries of watermelons. These are some of the will continue to press at the Madrid summit finest watermelons produced anywhere to add Romania and Slovenia to the list of in the United States. Watermelons of f approved candidates, French President all varieties—Jubilees, Sangrias, Jacques Chirac told Clinton in Denver last Allsweets, Star Brites, Crimson NATO ENLARGEMENT AT THE weekend during the Summit of the Eight, ac- Sweets, red seedless, yellow seedlesss, SUMMIT OF THE EIGHT cording to a senior French official aware of the contents of the conversation. and other hybrids are produced in ∑ Mr. D’AMATO. Mr. President, I rise The French do not expect to shake Amer- South Carolina and marketed across today to call to my colleagues’ atten- ica’s insistence that only the Czech Repub- the Nation. tion a column by Jim Hoagland of the lic, Hungary and Poland will be issued invi- Through the end of this month, farm- Washington Post that was published in tations at Madrid on July 7. All 16 members ers in Allendale, Bamberg, Barnwell, today’s edition on page A19. This col- accept those three candidates; nine of the 16 Colleton, Hampton, and other southern umn is entitled ‘‘’Diktat’ From Wash- favor expanding expansion to five. But Chirac’s remarks represent a rebuff for South Carolina counties will harvest ington,’’ and discusses what happened hundreds of thousands of watermelons. an American attempt to shut off debate on after the announcement that the the numbers game. Deputy Secretary of In the Pee Dee areas around Chester- United States would support only the State Strobe Talbott convoked the ambas- field, Darlington, and Florence coun- admission of Poland, the Czech Repub- sadors from NATO states on June 12 and de- ties, the harvest will continue until lic, and Hungary into NATO. livered what diplomats from three of Amer- about August 20. As Chairman of the Commission on ica’s closest allies described to me later as a Mr. President, as we savor the taste Security and Cooperation in Europe, ‘‘Diktat’’ that stunned them. The normally of these watermelons, we should re- better known as the Helsinki Commis- elegantly mannered Talbott’s demand for si- member the work and labor that goes lence would have done justice to Ring sion, I held a series of hearings on Lardner’s great line: ‘‘Shut up,’’ he ex- into producing such a delicious fruit. human rights and NATO enlargement, While Americans enjoyed watermelons plained.’’ and last week released a Commission The tone between Clinton and Chirac in at the beach and at backyard barbecues report assessing the readiness of can- Denver was far more cordial, but their fail- all over the Nation this past weekend, didate states to join the Alliance, ure to agree was clear: ‘‘Each one spoke as if most did not stop to consider where based upon our evaluation of their disappointed that he had not been able to they came from. Farmers will be labor- human rights compliance. In the convince the other of a very good argu- ing all summer in the heat and humid- ment,’’ a French official said. course of these hearings, I expressed ity to bring us what we call Mother Na- The Clintonites feel they minimize the ini- my support for the inclusion of Lith- ture’s perfect candy. These remarkable tial problems of expansion by sticking to uania, Latvia, Estonia, Poland, Hun- watermelons are sweet, succulent and, three clearly qualified candidates. Chirac ar- gary, the Czech Republic, Slovenia, and gues that rejection of Romania is unfair, im- most importantly, nutritious and fat Romania in the first round of NATO moral and certain to further destabilize free. The truth is, Mr. President, that expansion. NATO’s troubled southern flank. our farmers are too often the forgotten The bilateral French-U.S. meeting at the Now, Mr. Hoagland has recounted workers in our country. Through their economic summit also failed, as expected, to dedication and commitment, our Na- how the U.S. policy choice was con- resolve differences between Paris and Wash- tion is able to enjoy a wonderful selec- veyed to our allies and how they re- ington on internal NATO command arrange- tion of fresh fruit, vegetables and other ceived it, both before and at the Sum- ments. This means that the original U.S. foods. In fact, our agricultural system mit of the Eight, just concluded in hope that France would formally rejoin NATO’s military command at the Madrid is the envy of the world. Denver. I commend this account to my colleagues and suggest that they con- gathering and make it an even more glit- South Carolina farmers lead the way tering celebration has to be abandoned. in the production of watermelons. For sider what Hoagland calls the creation A third maximum U.S. goal got hooked by example, my State was a leader in the of at least a temporary line dividing gremlins at Denver when President Boris development of black plastic and irri- nations that suffered equally under So- Yeltsin made it clear that Russia would not gation to expand the watermelon grow- viet rule, and its probable con- treat the Madrid summit as a high-level ing season. By covering the earth in sequences in central and eastern Eu- celebration of unity and harmony. the spring with black plastic, farmers rope. Yeltsin curtly rejected a suggestion that he attend the gathering, saying pointedly are able to speed up the melons’ growth While I do not believe that equality of suffering is the standard by which that he would send his ambassador in Madrid by raising soil temperatures. In addi- instead. Later he was inveigled to upgrade tion, the plastic allows farmers to shut candidate NATO members should be Russia’s representation to a deputy prime out much of the visible light, which in- judged, I am afraid that omitting Slo- minister. hibits weed growth. In addition, I am venia, Romania, and the Baltic states Chirac, who worked hard to persuade pleased to note that the scientists at could cause future problems that could Washington not to back Yeltsin into a cor- the USDA Vegetable Laboratory in my be avoided if we admitted them now. I ner on NATO expansion, finds Yeltsin much hometown of Charleston continue to will have more to say on this subject as more at ease now that NATO and Moscow we approach the Madrid Summit. have signed an agreement establishing a strive to find even more efficient and NATO-Russia Council. Russian participation effective ways to produce one of our Mr. President, I ask that the afore- in the Denver summit provided Yeltsin with State’s most popular fruits. mentioned Jim Hoagland column be good arguments to use to explain NATO ex- Therefore, as Congressmen and their printed in the RECORD. pansion to the Russian public, Chirac be- staffs feast on watermelons this week, The column follows: lieves.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7025 Yeltsin, Chirac and other Europeans seem search suggests that a 10% increase in price for Medicaid. The remaining one-third would to fear that the Clintonites will attempt to would reduce the number of teenagers who be applied to reducing the Federal deficit. turn Madrid into an event that combines smoke by 7%. If the proposed 43-cent hike in The industry has known and public health holding a beauty contest for potential mem- the Federal excise tax rate on cigarettes con- advocates have come to realize, however, bers and a crowning of the American presi- tained in the Hatch-Kennedy Bill were en- that an increase in the cigarette tax can in- dent as king of NATO. acted, the number of teenage smokers would fluence the behavior of smokers. The Amer- The Czechs, Poles and Hungarians could fall by approximately 16%. This translates ican Cancer Society, the Robert Wood John- hardly be blamed for using Madrid and its in- into more than 2.6 million fewer smokers and son Foundation, and other members of the vitation to NATO as a seal of approval by more than 850,000 fewer smoking related pre- antismoking lobby are supporting a proposal the world’s most important capitalist pow- mature deaths in the current cohort of 0 to to raise state cigarette tax rates to a uni- ers. They will advertise their NATO-ap- 17-year-olds. Adjusted for inflation, the cur- form 32 per pack nationwide in the next few proved stability to potential investors con- rent 24-cent-a-pack tax costs the buyer about years, from the current range of 2.5 cents in sidering putting money into investment-hun- half of the original cigarette tax of 8 cents Virginia to 92.5 cents in Washington State. gry Central and Eastern Europe, widening imposed in 1951. A substantial tax hike According to John D. Giglio, manager of to- the gap between them and Romania, Bul- would curb youth smoking; this strategy bacco control advocacy for the American garia, et al. should move to the forefront of the Cancer Society: Raising tobacco taxes is our That situation draws at least a temporary antismoking campaign. number one strategy to damage the tobacco line dividing nations that suffered equally These are not good times for the U.S. ciga- industry. The . . . industry has found ways under Soviet rule. But the administration is rette industry. For decades, policy makers around everything else we have done, but unwilling to discuss publicly and frankly the and consumer activists have unsuccessfully they can’t repeal the laws of economics. consequences of that line-drawing. Nor does attempted to rein in the tobacco industry. The cigarette industry’s recognition of the it squarely address the existential questions Now, new legal strategies are bearing fruit, potency of excise tax hikes as a tool to dis- that its vague promises of future NATO ex- more stringent regulations regarding the courage teenage smoking is reflected in a pansion raise for the Baltics, Ukraine and marketing and sales of cigarettes are being September 1991 Philip Morris internal memo- other former Soviet republics want into the implemented, and a bill to significantly in- randum written by Myron Johnson, a com- organization. crease cigarette taxes has been put before pany economist, to his boss, Harry G. Daniel, Those questions will be forced on the ad- the Senate. A large cigarette tax com- manager of research on smoking by teen- ministration in the U.S. Senate when it plements the gains made on other fronts by agers. The memo was written in reaction to comes time to amend the alliance treaty and making cigarettes less desirable to teen- a Natural Bureau of Economic Research discuss U.S. responsibilities in Europe. Ma- agers, the next generation of addicts. (NBER) report authored by Michael Gross- drid, with all its devilish but surmountable Numerous studies have shown that roughly man, Eugene M. Lewit, and Douglas Coate, details, is the beginning of a grand debate, 90% of smokers begin the habit as teenagers. which was later published in the Journal of not the end.∑ Each day, approximately 6000 youths try a Law and Economics. In the memo Johnson cigarette for the first time, and about half of f wrote: ‘‘Because of the quality of the work, them become daily smokers. Among people the prestige (and objectivity) of the NBER, ECONOMISTS ENDORSE RAISING who have ever smoked daily, 82% began and the fact that the excise tax on cigarettes TOBACCO TAXES TO CURB smoking before age 18. Thus, cigarette con- has not changed in nearly 30 years we need YOUTH SMOKING trol policies that discourage smoking by to take seriously their statement that . . . if teenagers may be the most effective way of future reductions in youth smoking are de- ∑ Mr. KENNEDY. Mr. President, as achieving long-run reductions in smoking in Congress considers an increase in the sired, an increase in the Federal excise tax is all segments of the population. a potent policy to accomplish this goal. The upward trend in teenage smoking in Federal cigarette tax in the budget rec- (Grossman et al.) calculate that . . . a 10% in- the 1990s is alarming to public health advo- onciliation bill, I urge my coleagues to crease in the price of cigarettes would lead cates. Between 1993 and 1996 the number of read an excellent article by economists to a decline of 12% in the number of teen- high school seniors who smoke grew by 14%. Michael Grossman and Frank J. agers who would otherwise smoke. At the same time the number of tenth grade Chaloupka, both of whom have written smokers rose by 23%, and the number of WHY TAXES WORK extensively on the impact of tobacco eighth grade smokers rose by 26%. There are strong logical reasons for expect- taxes on teenage smoking. The FDA regulations approach the problem ing teenagers to be more responsive to the The article is entitled ‘‘Cigarette of youth smoking by curtailing access to price of cigarettes than adults. First, the Taxes: The Straw to Break the Camel’s cigarettes and attempting to reduce the ap- proportion of disposable income that a Back,’’ and is published in the July/Au- peal of cigarettes by putting limits on ciga- youthful smoker spends on cigarettes is like- gust 1997 edition of Public Health Re- rette advertising. Increased taxation, which ly to exceed the corresponding proportion of ports. It finds that raising tobacco results in higher prices, is another means to an adult smoker’s income. Second, peer pres- accomplish the goal of discouraging young sure effects are much more important in the taxes would be a powerful weapon people from smoking. Unfortunately, in- case of youth smoking than in the case of against youth smoking, since children creases in the Federal excise tax rate on adult smoking. Interestingly, peer pressure have less income to spend on cigarettes cigarettes have not been motivated by a de- has a positive multiplying effect when ap- than adults. According to Grossman sire to curtail smoking. The purpose of each plied to teenage smokers: a rise in price cur- and Chaloupka, the 43 cents per pack of the three tax increases since 1951 was to tails youth consumption directly and then cigarette tax increase in the legisla- raise tax revenue or reduce the Federal def- again indirectly through its impact on peer tion that Senator HATCH and I intro- icit rather than to discourage smoking. The consumption (if fewer teenagers are smok- duced earlier this year would reduce tax was fixed at 8 cents per pack between No- ing, fewer other teenagers will want to emu- vember 1, 1951, and the end of 1982. It rose to late them). Third, young people have a great- teenage smoking by 16 percent, saving 16 cents per pack effective January 1, 1983, as er tendency than adults to discount the fu- the lives of over 830,000 children. In ad- part of the Tax Equity and Fiscal Responsi- ture. dition, the proceeds from the tobacco bility Act of 1982. The tax was increased fur- The ‘‘full’’ price to an individual of a tax increase would be used to provide ther to 20 cents per pack effective January 1, harmful smoking addiction is the price of health insurance for millions of Amer- 1991, and to 24-cents per pack effective Janu- cigarettes plus the monetary and emotional ican children who are uninsured today. ary 1, 1992, part of the Omnibus Budget Rec- costs to the individual of future adverse It’s time for Congress to say ‘‘no’’ to onciliation Act of 1990. But if the tax had health effects. The importance and value Joe Camel, the Marlboro Man, and the simply been adjusted for inflation each year placed on these future health effects varies since 1951, it would be 47 cents per pack among individuals and especially with age. tobacco lobby, and say ‘‘yes’’ to the today: therefore, in effect today tax is much Becker, Grossman, and Murphy have shown Nation’s children. I ask that the Public lower than the 1951. that young people are more responsive to the Health Reports article be printed in A 43-cent tax hike is proposed in a bill in- price of cigarettes than adults because they the RECORD. troduced by Senators Orrin G. Hatch and Ed- give little weight to the future, while adults The article follows: ward M. Kennedy in this Congress. As with are more sensitive to perceived or known fu- [From the Public Health Reports, July/ past tax increases, the primary focus is not ture consequences. Young people may under- August 1997] to discourage teenage smoking. The goal of estimate the health hazards of and the likeli- the tax increase in the Hatch-Kennedy Bill is hood that initiation of this behavior leads to CIGARETTE TAXES: THE STRAW TO BREAK THE to finance health insurance for low-income long-term dependency. And, even when fully CAMEL’S BACK children who are currently uninsured. Two- informed, teenagers have a tendency to give (By Michael Grossman, Ph.D. and Frank J. thirds of the estimated annual $6 billion in- a great deal of weight to present satisfaction Chaloupka, Ph.D.) crease in tax revenue would be allocated for and very little weight to the future con- SYNOPSIS grants to the states to provide health insur- sequences of their actions. Teenage cigarette smoking is sensitive to ance for children below the age of 15 whose Becker and Mulligan argue that children the price of cigarettes. The most recent re- low-income working parents do not qualify become more future oriented as the result of

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7026 CONGRESSIONAL RECORD — SENATE July 8, 1997 an investment process. Many of the activi- smoking. In April 1993, the Philip Morris Based on the most recent estimates, a 10% ties of parents and schools can be understood Companies cut the price of Marlboro ciga- increase in the price of cigarettes would re- as attempts to make children care more rettes by 40 cents. Competitors followed suit. duce the number of teenagers who smoke by about the future. Some parents and schools Marlboros are popular among teenagers: 60% 7%, while it would reduce the number of succeed in these efforts; but others do not. reported that Marlboro was their brand of adults who smoke by only 1%. Daily con- These failures are particularly troublesome choice in 1993, while Marlboro had an overall sumption of teenage smokers would fall by because of the two-way causality between market share of 23.5% in the same year. In 6%, while daily consumption of adult smok- addiction and lack of a future orientation. 1993, 23.5% of teenagers in the eighth, tenth, ers would fall by 1%. People who discount the future more heavily and twelfth grades smoked. In 1996, 28.0% of PRICE INCREASES AS A POLICY TOOL are more likely to become addicted to nico- the students in these grades smoked; this The proposed 43-cent cigarette tax hike in tine and other substances. And the advance represented a 19% increase over a three-year the Hatch-Kennedy Bill would, if fully passed health consequences of these substances period. Yet during this period, the number of on to consumers, raise the price of a pack of make a future orientation even less appeal- smokers ages 18 years and older remained cigarettes by approximately 23%. According ing. the same. Some attribute this increase in to our 1996 study, the number of teenage Consumers are not unaware of the dangers teenage smoking to a broad range of social smokers would fall by approximately 16% of smoking. A survey of Viscusi suggests forces thought to be associated with in- and the number of cigarettes consumed by that both smokers and nonsmokers overesti- creases in other risky behaviors by teen- teenage smokers would decline by approxi- mate, not underestimate, the possibility of agers, especially the use of marijuana. But mately 14%. Some of these smokers might death and illness from lung cancer due to to- we attribute it to a fall in cigarette prices: compensate for a reduction in the number of bacco. Teenagers, who have less information between 1993 and 1996 the real price of a pack cigarettes smoked by switching to higher than adults, actually attach much higher of cigarettes (the cost of a pack of cigarettes nicotine and tar brands, inhaling more deep- risks to smoking than the rest of the popu- in a given year divided by the Consumer ly, or reducing idle burn time. These factors, lation. Other risks of cigarette smoking, in- Price Index for all goods for that year) fell while representing a public health concern, cluding the risk of becoming addicted, may, by 13%. are not relevant in evaluating the effect of however, be underestimated. More definitive evidence of the price sensi- an excise tax hike on whether an individual Cigarette smokers harm others (external tivity of teenage smoking can be found in chooses to smoke at all. costs) in addition to harming themselves (in- two NBER studies that used large nationally Since very few smokers begin smoking ternal costs). The ignored internal costs of representative samples of thousands of after the ages of 20, these relatively large re- smoking can interact with the external young people between the ages of 12 and 17. ductions in this total number of teenage costs. A striking example is smoking by These studies capitalized both on the sub- smokers imply that excise tax increases are pregnant teenage women, who may engage in stantial variation in cigarette prices across very effective ways to prevent the onset of a this behavior because they heavily discount states (primarily because of different state habitual behavior with serious future health the future consequences of their current ac- excise tax rates on this good) and on other consequences. A 16% decline in the number tions. Pregnant women who smoke impose state-specified factors such as parents’ edu- of young smokers associated with a 43-cent large external costs on their fetuses. Numer- cation and labor market status that may af- tax hike translates into over 2.6 million ous studies show that these women are more fect the decision to smoke and the quantity fewer smokers in the current cohort of 0 to likely to miscarry and to give birth to low of cigarettes consumed. The findings of a 17-year-olds. Using a common estimate that birth weight infants. Some of these infants 1981 study by Grossman, Lewit, and Coate— one in three smokers dies prematurely from die within the first month of life. More re- the subject of the 1981 Philip Morris internal smoking-related illnesses, we can calculate quire extensive neonatal intensive care and memoradum—were used by the news media that over time a real (adjusted for inflation) suffer long-term impairments to physical throughout the 1980s and early 1990s to 43-cent tax increase would reduce smoking- and intellectual development. project the effects of Federal excise tax related premature deaths in this cohort by The conventional wisdom argues that peo- hikes. The authors’ 1996 study has been cited over $50,000. And larger tax increases would ple who are addicted to nicotine are less sen- by Senators Hatch and Kennedy as evidence result in even bigger reductions in the num- sitive to price than others. Therefore, adults that a major benefit of the tax increase in ber of young smokers and the number of pre- should be less responsive to price than young their health insurance bill would be to dis- mature deaths. people because adult smokers are more like- courage youth smoking. A tax hike would continue to discourage The Grossman et al. 1981 study used data ly to be addicted to nicotine and if so, are smoking for successive generations of young from Cycle III of the U.S. Health Examina- likely to be more heavily addicted or to have people and would gradually affect the smok- tion Survey, a survey of almost 7000 young been addicted for longer periods of time. The ing levels of older age groups as the smok- people between the ages of 12 and 17 con- conventional wisdom that addicted smokers ing-discouraged cohorts move through the ducted between 1966 and 1970 by the National are less sensitive to price has been chal- age spectrum. Over a period of several dec- Center for Health Statistics. The authors lenged in a formal economic model of addict- ades, aggregate smoking and its associated found that a 10% increase in the price of ive behavior developed by Becker and Mur- detrimental health effects would decline sub- cigarettes would reduce the total number of phy, which shows that a price increase can stantially. youth smokers by 12%. Yet teenagers who al- The effect of a price or tax hike also grows have a cumulative effect over time. Since cigarettes are addictive, current con- ready smoked proved much less sensitive to over time because of the addictive nature of sumption depends on past consumption. A price: a 10% increase in price would cause smoking; a small reduction in current ciga- current price increase has no retroactive ef- daily consumption to fall by only 2%. rette consumption by smokers due to a tax In our 1996 study, we used data from the fect on ‘‘past consumption’’ and therefore re- hike would decrease consumption in all fu- 1992, 1993, and 1994 surveys of eighth, tenth, duces the amount smoked by an addicted ture years to follow: Becker, Grossman, and and twelfth grade students conducted by the smoker by a very small amount in the short Murphy have estimated that each 10% rise in Institute for Social Research at the Univer- run. But the size of the effect would grow price causes the number of cigarettes con- sity of Michigan as part of the Monitoring over time because even a small reduction in sumed by a fixed population (number of the Future Project. Taken together, these smoking during the first year after a price smokers multiplied by cigarettes consumed three nationally representative samples in- increase would also mean a reduction in per smoker) to fall by 4% after one year and cluded approximately 150,000 young people. smoking in all subsequent years. So, for ex- by as much as 8% after approximately 20 We found that a 10% increase in price would ample, 10 years after a price hike, ‘‘past con- years. lower the number of youthful smokers by Caveats. Several caveats are required in sumption’’ would have varied over a 10-year 7%, a somewhat smaller effect than the 12% evaluating the benefits of a tax hike. First, period. projected in the 1981 study. Consumption for a cigarette tax increase to continue at Changes in the total number of young peo- among smokers, however, would decline by the same level in real terms, it would have ple who smoke are due primarily to changes 6%, which is three times larger than the de- to be indexed to the rate of inflation. The in the number of new smokers (starts). cline projected in the 1981 study. same objective could hypothetically be ac- Among adults, changes in the total number Comparable studies of adults have found complished by converting to an ad valorem of smokers occur primarily because current smaller effects of a projected 10% price in- cigarette excise tax system under which the smokers quit (quits). Clearly, quits are in- crease. In a 1982 study of people age 20 years cigarette tax is expressed as a fixed percent- versely related to past consumption—there and older, Lewit and Coate reported that a age of the manufacturer’s price. The latter are more quitters among those who have 10% rise in price would cause the number of approach has one limitation: the Congres- smoked the least—while starts are inde- adults who smoke to fall by 3% and a decline sional Budget Office points out that it might pendent of past consumption. Thus, the ef- of 1% in the number of cigarettes smoked per induce manufacturers to lower sales prices fect of price on choosing whether to smoke day by those who smoke. In a 1991 study of to company-controlled wholesalers to avoid should be larger for young people than for adult smokers, Wasserman et al. found that part of the tax. adults. a 10% increase in price would cause the num- Second, Ohsfeldt, Boyle, and Capilouto THE EVIDENCE ber who smoked to fall by 2% and the num- have reported that the number of males be- Suggestive evidence of the responsiveness ber of cigarettes smoked per day to fall by tween the ages of 16 and 24 who use smoke- of teenage smoking to the price of cigarettes 1% while in a 1995 study Evans and Farrelly less tobacco would rise by approximately can be found in recent upward trends in found declines of 1% in both categories. 12% if a state excise tax rate on cigarettes

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7027 rose by 10%. Some would view such an in- and Eastern Europe and the former So- on October 29, 1883, and the Supple- crease with alarm because smokeless to- viet Union. mentary Extradition Convention be- bacco increases the risks of oral cancer and David assisted the Feodosia Institute tween the United States and Luxem- other oral diseases. On the other hand, Rodu of Management and Business, a busi- bourg signed at Luxembourg on April argues that these elevated risks are very small and are more than offset by reductions ness college, in developing plans for ex- 24, 1935. in cigarette-related cancers and heart dis- change of faculty and students with I recommend that the Senate give ease. The substitution of smokeless tobacco U.S. Colleges and for joint research. early and favorable consideration to for cigarettes could be discouraged by rais- David, and his wife Claire, spent a the Treaty and give its advice and con- ing the Federal excise tax on smokeless to- month in the Ukraine. Their out- sent to ratification. bacco. But this would raise the cost of a standing patriotic engagement pro- WILLIAM J. CLINTON. safer nicotine delivery system than ciga- vides active assistance for people in THE WHITE HOUSE, July 8, 1997. rettes and could be viewed as an unfair pen- need and helps build strong ties of alty on those who cannot give up their addic- trust and respect between the Ukraine To the Senate of the United States: tion. With a view to receiving the advice Third, in strictly financial terms, we would and America. David’s mission aids at expect a tax hike to yield higher rates of re- ending the cycle of dependency on for- and consent of the Senate to ratifica- turn in the short run than in the long run be- eign assistance. tion, I transmit herewith the Treaty cause of its cumulative effect in reducing I commend David for his dedicated Between the Government of the United smoking. The Becker et al. study implies service and I am proud to represent States of America and the Government that a Federal excise tax rate on cigarettes him in the U.S. Senate.∑ of the Grand Duchy of Luxembourg on of approximately $1.00 a pack would maxi- Mutual Legal Assistance in Criminal mize long-run Federal revenue from the tax f Matters, signed at Washington on at roughly $13.3 billion annually approxi- REMOVAL OF INJUNCTION OF SE- March 13, 1997, and a related exchange mately 10 to 20 years after the new rate is in effect—only $7.6 billion more than the rev- CRECY—TREATY DOCUMENTS of notes. I transmit also, for the infor- enue from today’s 24-cent tax. Clearly, the NOS. 105–10, 105–11, AND 105–12 mation of the Senate, the report of the 67-cent tax in the Hatch-Kennedy Bill, which Mr. LOTT. As in executive session, I Department of State with respect to is expected to yield an additional $6 billion ask unanimous consent that the in- the Treaty. annually for the next few years, will have a junction of secrecy be removed from The Treaty is one of a series of mod- much smaller yield in the long run. the following treaties transmitted to ern mutual legal assistance treaties The gap between long-run and short-run that the United States is negotiating tax yields highlights a danger of justifying a the Senate on July 8, 1997, by the Presi- cigarette tax increase to achieve goals other dent of the United States: Extradition in order to counter criminal activity than reductions in smoking. For a while, Treaty with Luxembourg (Treaty Doc- more effectively. The Treaty should be public health advocates can have their cake ument No. 105–10); Mutual Legal As- an effective tool to assist in the pros- and eat it too. But after a number of years, sistance Treaty with Luxembourg ecution of a wide variety of modern the large cumulative reduction in smoking (Treaty Document No. 105–11); and Mu- criminals, including those involved in would take a big bite out of the tax revenues drug trafficking, terrorism, other vio- initially generated by the tax hike. One tual Legal Assistance Treaty with Po- land (Treaty Document No. 105–12). I lent crime, and money laundering, fis- would hardly like to see the development of cal fraud, and other ‘‘white-collar’’ a situation in which fiscal needs create pres- further ask unanimous consent that sure on the governments to encourage smok- the treaties be considered as having crime. The Treaty is self-executing. ing or at least not discourage it. The exten- been read the first time; that they be The Treaty provides for a broad sive advertising campaigns conducted by referred, with accompanying papers, to range of cooperation in criminal mat- state-run lotteries are examples of the dan- the Committee on Foreign Relations ters. Mutual assistance available under ger of the government becoming too depend- and ordered to be printed; and that the the Treaty includes: taking testimony ent on revenue from a harmful addiction. President’s messages be printed in the or statements of persons; providing CONCLUSION RECORD. documents, records, and articles of evi- We would like to see politicians and public The PRESIDING OFFICER. Without dence; transferring persons in custody health advocates focus discussions of the ap- objection, it is so ordered. for testimony or other purposes; locat- propriate Federal cigarette excise tax rate ing or identifying persons and items; squarely on the issue of reducing smoking. The messages of the President are as follows: serving documents; executing requests Both external costs and ignored internal for searches and seizures; immobilizing costs justify the adoption of government To the Senate of the United States: assets; assisting in proceedings related policies that interfere with private decisions With a view to receiving the advice regarding the consumption of cigarettes. to forfeiture and restitution; and ren- Taxing cigarettes to reduce smoking by and consent of the Senate to ratifica- dering any other form of assistance not teenagers is a rather blunt instrument be- tion, I transmit herewith the Extra- prohibited by the laws of the Requested cause it imposes costs on other smokers. But dition Treaty between the Government State. an excise tax hike is a very effective policy of the United States of America and I recommend that the Senate give with regard to teenagers because they are so the Government of the Grand Duchy of early and favorable consideration to sensitive to price. The current Federal excise Luxembourg, signed at Washington on the Treaty and give its advice and con- tax of 24 cents on a pack of cigarettes is October 1, 1996. worth about half in real terms of the 8-cent sent to ratification. tax in effect in 1951. A substantial real tax In addition, I transmit, for the infor- WILLIAM J. CLINTON. hike to curb youth smoking should move to mation of the Senate, the report of the THE WHITE HOUSE, July 8, 1997. the forefront of the antismoking campaign.∑ Department of State with respect to f the Treaty. As the report explains, the To the Senate of the United States: Treaty will not require implementing With a view to receiving the advice TRIBUTE TO DAVID SUSSMAN legislation. and consent of the Senate to ratifica- ∑ Mr. SMITH of New Hampshire. Mr. The provisions in this Treaty follow tion, I transmit herewith the Treaty President, I rise today to pay tribute generally the form and content of ex- Between the United States of America to David Sussman of Charlestown, NH, tradition treaties recently concluded and the Republic of Poland on Mutual former professor at Holyoke Commu- by the United States. Legal Assistance in Criminal Matters, nity College, for his outstanding serv- This Treaty will, upon entry into signed at Washington on July 10, 1996. ice as a volunteer executive in force, enhance cooperation between the I transmit also, for the information of Feodosia, Ukraine. law enforcement communities of both the Senate, the report of the Depart- David worked on a volunteer mission countries, and thereby make a signifi- ment of State with respect to the Trea- with the International Executive Serv- cant contribution to international law ty. ice Corps, a nonprofit organization enforcement efforts. It will supersede, The Treaty is one of a series of mod- which sends retired Americans to as- with certain noted exceptions, the Ex- ern mutual legal assistance treaties sist businesses and private enterprises tradition Treaty between the United being negotiated by the United States in the developing countries and the States of America and the Grand in order to counter criminal activity new emerging democracies of Central Duchy of Luxembourg signed at Berlin more effectively. The Treaty should be

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7028 CONGRESSIONAL RECORD — SENATE July 8, 1997 an effective tool to assist in the pros- be notified accordingly when votes on UNDER TITLE 10, UNITED STATES CODE, SECTION 12203 AND 12211: ecution of a wide variety of crimes, in- amendments are ordered. To be colonel cluding ‘‘white-collar’’ crime and drug As a reminder to Senators, this JAMES A. BARRINEAU, JR., 0000 trafficking offenses. The Treaty is self- evening a cloture motion was filed, and EDMUND T. BACKETTE, 0000 executing. all first-degree amendments then must RICHARD R. BUCHANAN, 0000 MIRIAM L. FIELDS, 0000 The Treaty provides for a broad be filed by 1 p.m. on Wednesday. That DONNIE F. GARRETT, 0000 range of cooperation in criminal mat- is one of the benefits of the cloture mo- NANCY K. GAVI, 0000 LLOYD M. LACOSTE, JR., 0000 ters. Mutual assistance available under tion. All first-degree amendments have ROBERT W. PEARSON, 0000 the Treaty includes: taking of testi- to be filed on Wednesday, so we will PAUL C. REDD, 0000 ALBERT C. REYNAUD, 0000 mony or statements of persons; pro- have a real good look at what is pend- DANIEL S. ROBERTS, 0000 viding documents, records, and articles ing out there. JAMES D. SIMPSON, 0000 of evidence; serving documents; locat- As previously stated, it is the inten- DEBORAH C. WHEELING, 0000 ing or identifying persons or items; tion to complete action on the bill by IN THE MARINE CORPS transferring persons in custody for tes- week’s end, so Members should expect THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE U.S. MARINE CORPS timony or other purposes; executing re- long, busy days with a number of votes UNDER TITLE 10, UNITED STATES CODE, SECTION 624: quests for searches and seizures; assist- occurring throughout the week. To be colonel ing in proceedings related to immo- f ANTHONY J. ZELL, 0000 bilization and forfeiture of assets, res- To be major titution to the victims of crime, and ADJOURNMENT UNTIL 9:15 A.M. collection of fines; and any other form TOMORROW MARK G. GARCIA, 0000 IN THE NAVY of assistance not prohibited by the Mr. LOTT. If there is no further busi- THE FOLLOWING-NAMED OFFICERS, FOR TEMPORARY laws of the Requested State. ness to come before the Senate, I now APPOINTMENT TO THE GRADE INDICATED IN THE U.S. I recommend that the Senate give ask unanimous consent that the Sen- NAVY UNDER TITLE 10, UNITED STATES CODE, SECTION early and favorable consideration to ate stand in adjournment under the 5721: the Treaty and give its advice and con- previous order. To be lieutenant commander sent to ratification. There being no objection, the Senate, LAYNE M.K. ARAKI, 0000 THOMAS P. BRASEK, 0000 WILLIAM J. CLINTON. at 6:55 p.m., adjourned until Wednes- MATTHEW G. CAMPBELL, 0000 THE WHITE HOUSE, July 8, 1997. day, July 9, 1997, at 9:15 a.m. WILLIAM R. CAMPBELL, 0000 MATTHEW J. COLBURN, 0000 f f ANTHONY C. CONANT, 0000 TIMOTHY W. CONWAY, IV, 0000 ORDERS FOR WEDNESDAY, JULY 9, VICTOR V. COOPER, 0000 NOMINATIONS 1997 MICHAEL R. CURTIS, 0000 MICHAEL R. DARGEL, 0000 Mr. LOTT. I ask unanimous consent, Executive nominations received by JEFFREY S. DAVIS, 0000 the Senate July 8, 1997: STEVEN M. DEWITT, 0000 Mr. President, that when the Senate KEVIN A. DOYLE, 0000 completes it business today it stand in DEPARTMENT OF STATE MICHAEL E. ELMSTROM, 0000 BRUCE C. FAUVER, 0000 adjournment until the hour of 9:15 RICHARD DALE KAUZLARICH, OF VIRGINIA, A CAREER DOUGLAS K. GLESSNER, 0000 a.m., Wednesday, July 9. I further ask MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RAYMOND D. GOYET, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LOUIS J. GREGUS, JR., 0000 unanimous consent that on Wednesday, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES GLENN E. GROESCH, 0000 immediately following the prayer, the OF AMERICA TO THE REPUBLIC OF BOSNIA AND WALTER O. HARDIN, 0000 HERZEGOVINA. LESLIE H. HARRIS, 0000 routine requests through the morning DONNA JEAN HRINAK, OF VIRGINIA, A CAREER MEM- HARRY D. HAWK, 0000 hour be granted and there then be a pe- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ALAN L. HERRMANN, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- JEFFREY D. HICKS, 0000 riod of morning business until the hour DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STEVEN A. HILL, 0000 of 11 a.m., with Senators permitted to OF AMERICA TO THE REPUBLIC OF BOLIVIA. TIMOTHY E. ISEMINGER, 0000 IN THE AIR FORCE JAY A. KADOWAKI, 0000 speak for up to 5 minutes each with the HERBERT L. KENNEDY, 0000 following exceptions: Senator MACK or THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TODD K. KNUTSON, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE RICHARD J. KOTTKE, 0000 his designee, 60 minutes from 9:15 a.m. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- CLIFFORD S. LANPHIER, 0000 to 10:15 a.m.; and Senator DASCHLE or SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- JOHN E. LEFEBVRE, 0000 TION 601: NATHAN H. MARTIN, 0000 his designee, 30 minutes. MICHAEL G. MCCLOSKEY, 0000 To be lieutenant general The PRESIDING OFFICER. Without WILLIAM P. MCKINLEY, 0000 MAJ. GEN. LANCE W. LORD, 0000 THAD E. NISBITT, 0000 objection, it is so ordered. ALBERT D. PERPUSE, 0000 Mr. LOTT. Mr. President, I further IN THE ARMY RODRICK B. PHILLIPS, 0000 JOHN W. PLOHETSKI, 0000 ask unanimous consent that at 11 a.m., THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT PAUL H. POWELL, 0000 the Senate resume consideration of S. IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- BRADLEY W. ROBERSON, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- FRANCIS M. SIDES, 0000 936, the Defense authorization bill. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION PAUL S. SNODGRASS, 0000 The PRESIDING OFFICER. Without 601: DANIEL SPAGONE, 0000 To be lieutenant general BLAZE A. STANCAMPIANO, 0000 objection, it is so ordered. KIRK S. STORK, 0000 MAJ. GEN. ROGER G. THOMPSON, JR., 0000 MATTHEW D. SWANHART, 0000 f MAJ. GEN. MICHAEL S. DAVISON, JR. 0000 MICHAEL T. TALAGA, 0000 MICHAEL J. TESAR, 0000 PROGRAM THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN D. THOMAS, 0000 IN THE REGULAR ARMY OF THE UNITED STATES TO THE RICHARD E. THOMAS, 0000 Mr. LOTT. Mr. President, the Senate GRADE INDICATED UNDER TITLE 10, UNITED STATES JOHN J. THOMPSON, 0000 will be in a period for morning business CODE, SECTION 624: JOHN E. TODD, 0000 To be major general JOHN N. TOLLIVER, 0000 until the hour of 11 a.m. in the morn- JOHN T. WALTERS, 0000 ing. At 11 a.m., the Senate will resume BRIG. GEN. WARREN C. EDWARDS, 0000 ROBERT T. WINFIELD, 0000 JOHN E. WIX, 0000 consideration of this very important THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT CHARLES F. WRIGHTSON, 0000 Defense authorization bill. Senators TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK IN THE AIR FORCE can expect a series of rollcall votes on (*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624, 628, AND 531: THE FOLLOWING-NAMED OFFICERS FOR A REGULAR pending amendments to the bill later APPOINTMENT IN THE GRADE INDICATED IN THE U.S. AIR in the day as we make progress on this To be lieutenant colonel FORCE UNDER TITLE 10, UNITED STATES CODE, SECTION 531: important legislation. DANIEL J. ADELSTEIN, 0000 J. REX. HASTEY, JR., 0000 To be captain We do have some Senators that are *ALAN S. MCCOY, 0000 attending the Madrid meeting at this JAMES M. ABATTI, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT KENNETH G. ABBOTT, 0000 time in a very important role that they AS A PERMANENT PROFESSOR OF THE U.S. MILITARY WILLARD L. ABERNATHY, 0000 are fulfilling as NATO enlargement ob- ACADEMY IN THE GRADE INDICATED UNDER TITLE 10, LAURIE A. ABNEY, 0000 UNITED STATES CODE, SECTION 4333: TODD E. ACKERMAN, 0000 servers. They will be returning in the MARK R. ADAIR, 0000 To be lieutenant colonel afternoon, and that is why we are try- CHRISTOPHER W. ADAM, 0000 MAUREEN K. LEBOEUF, 0000 ANTHONY J. ADAMO, 0000 ing to accommodate their schedules to CRAIG L. ADAMS, 0000 make sure that they make these im- THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF JEROME P. ADAMS, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO RONALD E. ADAMSON, 0000 portant votes. As always, Members will THE GRADE INDICATED IN THE RESERVE OF THE ARMY LARRY D. ADKINS, 0000

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RHONDA R. ADLER, 0000 DANIEL A. BIRKLE, 0000 DANIEL J. CALLAHAN, 0000 KAREN L. AGRES, 0000 LEONARD T. BISSON, 0000 TODD W. CALLAHAN, 0000 JENNIFER M. AGULTO, 0000 JOHN E. BLACK, 0000 SARAH G. CALLINAN, 0000 VAROZ JOSEPH J. AIGNER, 0000 THOMAS C. BLACK, 0000 YOLANDA V. CALLOWAY, 0000 QAIS M. AJALAT, 0000 DAVID S. BLADES, 0000 BRIAN S. CALLSEN, 0000 PATRICIA L. AKEN, 0000 DREW A. BLAHNICK, 0000 CAROLYN K. CALVIN, 0000 CHRISTOPHER D. ALEXANDER, 0000 DANIEL E. BLAKE, JR., 0000 CHARLES H. CAMP III, 0000 TERRY D. ALEXANDER, 0000 CHARLES I. BLANK, III, 0000 ANTHONY H. CAMPANARO, 0000 GRAIG L. ALLEN, 0000 BRENDI B. BLANSETT, 0000 CHARLES F. CAMPBELL, JR., 0000 JAMES M. ALLEN, 0000 MICHAEL S. BLASS, 0000 SCOTT A. CAMPBELL, 0000 JAMES M. ALLEN, 0000 DAVID P. BLAZEK, 0000 CHRISTOPHER S. CAMPLEJOHN, 0000 JEFFREY S. ALLEN, 0000 RICHARD T. BLECHER, 0000 CHARLEY L. CAMPLEN, 0000 RICHARD G. ALLEN, 0000 YOLANDA D. BLEDSOE, 0000 SHERRY M. CAMPTON, 0000 ROBERT S. ALLEN, 0000 JOHN E. BLEUEL, 0000 GLEN J. CANEEL, 0000 SUSAN S. ALLEN, 0000 WILLIAM H. BLOOD, 0000 ANNE M. CANNON, 0000 DARRIN L. ALLGOOD, 0000 NICOLE E. BLOOMER, 0000 SHELLY K. CANNON, 0000 GREGORY S. ALLORI, 0000 SHAWN P. BLOOMER, 0000 REINALDO L. CANTON, 0000 JOEL O. ALMOSARA, 0000 GARRATH K. BLUCKER, 0000 JAMES M. CANTRELL, 0000 JOHN S. ALTO, 0000 RODEL V. BOBADILLA, 0000 JEFFREY CANTRELL, 0000 THOMAS L. ALTO, 0000 DAVID W. BOBB, 0000 BARRY H. CAPE, 0000 CHRISTOPHER ANASTASSATOS, 0000 MATTHEW J. BOBB, 0000 MARGARET M. CAREY, 0000 DWIGHT E. ANDERSEN, 0000 GREGORY D. BOBEL, 0000 MARY T. CARLISLE, 0000 BRADLEY E. ANDERSON, 0000 FREDERICK H. BOEHM, 0000 ERIK R. CARLSON, 0000 JAMES A. ANDERSON, 0000 KEVIN L. BOERMA, 0000 KAREN L. CARPENTER, 0000 JOHN H. ANDERSON III, 0000 TIMOTHY A. BOESE, 0000 RICHARD A. CARPENTER, 0000 RAE ANDERSON, 0000 ELIZABETH S. BOGDAN, 0000 STEVEN G. CARPENTER, 0000 ROSS R. ANDERSON, 0000 THOMAS K. BOGER, 0000 KURT J. CARRAWAY, 0000 TRACY L. ANDERSON, 0000 JERRY BOGERT, 0000 BLAKE M. CARROLL, 0000 ANTHONY C. ANDRE, 0000 BRYAN L. BOGGS, 0000 JAY A. CARROLL, 0000 ROGER L. ANGEL, 0000 BRIAN C. BOHANNON, 0000 DAVID B. CARTER, 0000 THOMAS M. ANGELO, 0000 JAMES I. BONG, 0000 TIM R. CARTER, 0000 MARY J. ANTE, 0000 MALCOLM A. BONNER, JR., 0000 STEVEN L. CASE, 0000 JOHN S.R. ANTTONEN, 0000 JEFFREY P. BONS, 0000 SHAWN C. CASEY, 0000 BRADLEY A. APOSTOLO, 0000 DAVID J. BORBELY, 0000 KURT D. CASH, 0000 PAUL W. ARBIZZANI, 0000 DONALD E. BORCHERT, 0000 VINCENT R. CASSARA, 0000 PAUL A. ARCHULETTA, 0000 JAMES R. BORTREE, 0000 RONALD M. CASSIDY, JR., 0000 ELNORA ARMSTEAD, 0000 JAMES BOURASSA, 0000 EUGENE L. CAUDILL, 0000 CRAIG L. ARNOLD, 0000 MATTHEW A. BOURASSA, 0000 JAMES A. CAUGHIE, 0000 DALE R. ARNOLD, 0000 JESSE BOURQUE, JR., 0000 JOHN D. CAYE, 0000 HARLON R. ARNOLD, 0000 KELLY D. BOUZIGARD, 0000 PAULA C. CERVIA, 0000 MARK G. ARNOLD, 0000 ROBERT P. BOVENDER, 0000 BRIAN M. CHAMNESS, 0000 NEIL P. ARNOLD, 0000 MARK E. BOWEN, 0000 CHINRAN O. CHANG, 0000 WILLIAM H. ARNOLD, 0000 ANNETTE A. BOWER, 0000 CHARLES D. CHAPDELAINE, 0000 MARK ARREDONDO, 0000 KENNETH B. BOWLING, 0000 ALICE S. CHAPMAN, 0000 GERARDO E. ARTACHE, 0000 JAMES K. BOWMAN, 0000 MICHAEL S. CHAPMAN, 0000 CHRISTOPHER K, ARZBERGER, 0000 JEFFREY L. BOZARTH, 0000 IAN V. CHASE, 0000 CHRISTOPHER B. ASHBY, 0000 ANDREW R. BRABSON, 0000 JOHN S. CHASE, 0000 KAREN J. ASHLEY, 0000 SUE A. BRADBURY, 0000 DOUGLAS J. CHEEK, 0000 THOMAS H. ATKINSON IV, 0000 DAVID A. BRADFIELD, 0000 CLARENCE F. CHENAULT, 0000 JAMES C. AULT, 0000 REED E. BRADFORD, 0000 MICHAEL J. CHESTER, 0000 MARK C. AUSTELL, 0000 DANIEL J. BRADLEY, 0000 STEVEN S.H. CHIN, 0000 DALE R. AUSTIN, 0000 JEFF C. BRADLEY, 0000 SCOTT B. CHMIELARSKI, 0000 MATTHEW C. AUSTIN, 0000 JOHN W. BRADLEY III, 0000 JULIE A. CHODACKI, 0000 JULIO C. AYALA, 0000 OWEN L. BRADLEY, 0000 STEPHEN S. CHOI, 0000 MICHAEL J. BABYAK, 0000 MICHAEL H. BRADY, 0000 BOGDAN CHOMICKI, 0000 GEOFFREY S. BACON, 0000 BRYCE H. BRAKMAN, 0000 ANTHONY P. CHOSA, 0000 BERNADETTE B. BAEZ, 0000 DEBORAH J. BRANCH, 0000 GWENDOLYN CHRISTIAN, 0000 VALORIE L. BAGGENSTOSS, 0000 TIMOTHY S. BRANDON, 0000 TAMMY E. CHULICK, 0000 DEREK C. BAILEY, 0000 MARK W. BRANTLEY, 0000 DAVID A. CHUNN, 0000 JAMES LAWRENCE BAILEY, 0000 MIKE M. BRANTLEY, 0000 MARK E. CHURCH, 0000 THOMAS E. BAILEY, 0000 COLSON L. BRASCH, 0000 RAYMOND E., CHUVALA, JR., 0000 MELVIN A. BAIRD, 0000 NORMITA C. BRAVO, 0000 ANTON W. CIHAK II, 0000 KENNETH L. BAKER, JR., 0000 LAMBERTO M. BRAZA, 0000 JEFFREY S. CLARK, 0000 WILLIAM E. BAKER III, 0000 PETER G. BREED, 0000 MARK S. CLARK, 0000 PETER I. BAKO, 0000 SANDRA L.H. BRENNAN, 0000 TODD M. CLARK, 0000 CHRISTOPHER J. BALCIK, 0000 ERIC J. BRESNAHAN, 0000 HARRY B. CLARKE, 0000 PAUL C.G. BALE, 0000 SAINO M. BREW, 0000 GREGORY N. CLARY, 0000 JORGE F. BALLESTER, 0000 RICHARD L. BREWER, JR., 0000 JODI A. CLAYTON, 0000 SCOTT J. BALSITIS, 0000 FRANK L. BRICEL, JR., 0000 SHERMAN M. CLAYTON, 0000 FRANK L. BANKS, 0000 BRUCE A. BRIDEL, 0000 ARDYCE M. CLEMENTS, 0000 JAMES R. BARNES, JR., 0000 SCOTT C. BRIDGERS, 0000 JEFFREY T. CLIMER, 0000 JOHN D. BARNETT, 0000 PATRICIA ANN BRIDGES, 0000 DEAN A. CLOTHIER, 0000 GREG A. BARNHART, 0000 JEFFREY W. BRIGHT, 0000 DEDEE L. CLOUD, 0000 JAMES W. BARROW, 0000 DANIEL A. BRINGHAM, 0000 KATHERINE E. CLOUSE, 0000 ALLEN J. BARTON, 0000 JOHN U. BRINKMAN, 0000 KEVIN J. CLOWARD, 0000 LORRAINE R. BARTON, 0000 GREGORY S. BRINSFIELD, 0000 VINCENT A. COBB, 0000 GREGORY C. BARTOS, 0000 ROBERT A. BRISSON, 0000 LISA A. COBURN, 0000 MICHAEL A. BASLOCK, 0000 JEFFREY S. BRITTIG, 0000 CHRIS A. COCHRAN, 0000 ERIC R. BASS, 0000 PATRICK T. BRODERICK, 0000 JERRY D. COCHRAN, 0000 LAURA A. BASS, 0000 PEYTON T. BRODERICK, 0000 ELIZABETH J. CODDINGTON, 0000 MELISSA L. BATTEN, 0000 JOHN B. BRODEUR, JR., 0000 WILLIAM J. CODY, 0000 FRANK BATTISTELLI, 0000 LINDA S. BROECKL, 0000 CHAD D. COE, 0000 BRIEN J. BAUDE, 0000 JOSEPH R. BROOKE, JR., 0000 CHRISTOPHER A. COFFELT, 0000 JEROLD J. BAUER, 0000 SHANE M. BROTHERTON, 0000 DAVID COHEN, 0000 GUY C. BAUM, 0000 JOHN F. BROWER, 0000 ALAN B. COKER, 0000 KRIS A. BAUMAN, 0000 MICHAEL E. BROWERS, 0000 CHARLES L. COLE, 0000 COLIN K. BEAL, 0000 ARTHUR S. BROWN, 0000 MADELINE D. COLE, 0000 CHARLES E. BEAM, 0000 BRIAN A. BROWN, 0000 LESIA J. COLEMANLINZY, 0000 SHARON K. BEARD, 0000 GERALD Q. BROWN, 0000 WENDELL L. COLLINS, 0000 THOMAS A. BEATIE, 0000 SCOTT T. BROWN, 0000 BETH A. COMBS, 0000 FRANK J. BEAUPRE, 0000 SUSAN BROWN, 0000 ANITA M. COMPAGNONE, 0000 EUGENE V. BECKER, 0000 THOMAS S. BROWNING, 0000 DAVID W. COMPTON, 0000 JOSEPH M. BECKER, 0000 WILLIAM D. BRUENING, JR., 0000 DOUGLAS A. CONDON, 0000 DAVID A. BEEBE, 0000 MICHAEL H. BRUMETT, 0000 KELLIE M. CONDON, 0000 CHARLES G. BEEM, 0000 BLAINE R. BRUNSON, 0000 ANDREW F. CONLEY, 0000 JAMES BELL, 0000 ANTHONY P. BRUSCA, 0000 DONALD M. CONLEY, 0000 JEFFREY S. BELL, 0000 LAURA L. BRYAN, 0000 RYLAN S. CONRAD, 0000 ROSE M. BELL, 0000 KURT N. BUCHANAN, 0000 MELANIE J. CONSTANT, 0000 LANE M. BENEFIELD, 0000 ROBERT A. BUENTE, 0000 RICHARD S. CONTE, 0000 DAVID W. BENNETT, 0000 DAVID S. BUNZ, 0000 DANIEL J. CONWAY, 0000 LAYNE D. BENNION, 0000 RICHARD W. BURBAGE, 0000 JOSEPH E. COOGAN, 0000 PAULA A. BENSONREYNOLDS, 0000 BENJAMIN W. BURFORD, 0000 PHILIP R. COOK, JR. 0000 DAVID P. BENTLEY, 0000 DAVID A. BURGESS, 0000 DAVID L. COOL, 0000 HAROLD W. BENTON, 0000 ROBERT G. BURGESS, 0000 WILLIAM T. COOLEY, 0000 CHRISTOPHER N. BERG, 0000 KIMBERLY A. BURKET, 0000 ANTHONY O. COPELAND, 0000 ROBERT J. BERGEVIN, 0000 JEFFREY W. BURKETT, 0000 MICHAEL A. COPLEY, 0000 JON M. BERGSTROM, 0000 JAMES R. BURNETT, JR., 0000 STEPHEN A. COPPI, 0000 BRIAN J. BERNING, 0000 DAVID R. BURNS, 0000 DONALD R. COPSEY, 0000 ANDREW J. BERRY, 0000 GEORGE E. BUSH III, 0000 LONZIO D. CORMIER, 0000 YVONNE M. BESSELLIEU, 0000 WILLIAM E. BUSH, 0000 CECILIA M. CORRADO, 0000 DANIEL J. BESSMER, 0000 VICTORIA T. BUSKA, 0000 MICHAEL J. CORRICELLI, 0000 BRENT D. BIGGER, 0000 CHARLES E. BUTCHER, JR., 0000 CHRISTOPHER T. CORTESE, 0000 TIMOTHY J. BILTZ, 0000 DAVID S. BUZZARD, 0000 ROGER L. COSIMI, 0000 DEANNA L. BINGHAM, 0000 PAMELLA A. BYRD, 0000 JAMES A. COSTEY, 0000 RACHEL H. BINGUE, 0000 DAVID M. CADE, 0000 SCOTT M. COSTIN, 0000 DAVID R. BIRCH, 0000 STEVEN E. CAHANIN, 0000 ROBERT H. COTHRON, LLL, 0000 BRYAN P. BIRCHEM, 0000 DIANE L. CALIMLIM, 0000 CHARLES E. COULOURAS, 0000

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ANNE M. COVERSTON, 0000 ROBERT R. EDWARDS, JR., 0000 CHRISTOPHER D. GAWLIK, 0000 RIM A. COX, 0000 TISH REMI EDWARDS, 0000 JOHN K. GAY, 0000 DARLENE M. COYNE, 0000 TRENT H. EDWARDS, 0000 PAUL L. GAYLORD, 0000 DARWIN L. CRAIG, 0000 CHARLES D. EICHER, 0000 GORDON M. GEISSLER, 0000 TAL G. CRAIG, 0000 DEONA J. EICKHOFF, 0000 CHERYL A. GENTILE, 0000 CHAD L. CRAWFORD, 0000 MICHAEL D. ELIASON, 0000 TODD W. GENTRY, 0000 MICHAEL B. CRAWFORD, 0000 DEAN L. ELLER, 0000 JAMES W. GEORGE, 0000 ROSE M. CRAYNE, 0000 ERIC D. ELLIOTT, 0000 MICHAEL D. GERAGOSIAN, 0000 JERROLD E. CREED, 0000 WENDY CARLEEN ELLIOTT, 0000 GREGORY R. GIBSON, 0000 JAMES L. CREVER, 0000 JEFFREY I. ELLIS, 0000 PEGGY R. GIBSON, 0000 JAMES A. CREWS, 0000 PRISCILLA Y. ELLIS, 0000 DANIEL E. GIFFORD, 0000 MICHELLE C. CRONE, 0000 TODD C. ELLISON, 0000 PAUL G. GIFFORD, 0000 KYLE E. CROOKS, 0000 KRISTINA R. ELSAESSER, 0000 CAMERON L. GILBERT, 0000 BRADLEY E. CROSS, 0000 CHRISTINE I. ELY, 0000 JOHN D. GILBERT, 0000 NEIL A. CROW, 0000 VIRA EM, 0000 MICHAEL E. GILBERT, 0000 KIM M. CRUSE, 0000 TEDDI J. EMBREY, 0000 RONALD P. GILBERT, 0000 BRYAN L. CRUTCHFIELD, 0000 MICHAEL T. EMMERTH, 0000 PAUL A. GILL, 0000 CHEUNITA R. CRUZ, 0000 GREGORY L. ENDRIS, 0000 TIMOTHY H. GILL, 0000 KANDIS L. CRUZ, 0000 DAVID W. ENFIELD, 0000 ROBERT W. GILMORE, 0000 KEVIN W. CULP, 0000 DOUGLAS H. ENGBERSON, 0000 NATALIE Y. GISCOMBE, 0000 JULIA K. CUMMINGS, 0000 RICHARD D. ENGLAND, 0000 DAVID S. GLICK, 0000 EDGAR M. CUNANAN, 0000 JEFFREY A. ENGLERT, 0000 THOMAS E. GLOCKZIN, 0000 CHRISTOPHER C. CUNNINGHAM, 0000 JOHN T. ENYEART, 0000 MARK I. GLYNN, 0000 KEITH A. CUNNINGHAM, 0000 ROBERT L. EPPENS, 0000 JEFFREY S. GODDARD, 0000 MILLER CUNNINGHAM, JR., 0000 BRIAN E. EPPLER, 0000 DAVID E. GOEBEL, 0000 LEE J. CURTIN, 0000 LARRY T. EPPLER, 0000 REGINA T. GOFF, 0000 JAMES G. CUSIC III, 0000 SCOTT A. ERICKSON, 0000 ALANA C. GOGAN, 0000 GEORGE, CYHANIUK, 0000 STEVEN E. ERICKSON, 0000 JAMES D. GOLDEN, 0000 LLOYD W. DAGGETT, 0000 GREGORY W. ERVIN, 0000 FRANK C. GOLICH, 0000 MARK E. DAHLEMELSAETHER, 0000 BERTHA B. ESPINOSA, 0000 MANUEL R. GOMEZ, JR., 0000 ROBERT A. DAHLKE, 0000 DOUGLAS B. EVANS, 0000 BRUCE E. GOOCH, 0000 GLYNDA M. DALLAS, 0000 STEVEN M. EVERETT, 0000 JULIA R. GOODE, 0000 JAMES R. DALLY, 0000 SHELLEY M. EVERSOLE, 0000 GERALD V. GOODFELLOW, 0000 COLLEEN O. DALY, 0000 TERRENCE L. EVERY, 0000 LAURA J. GOODRICH, 0000 MATTHEW R. DANA, 0000 LINDA M. EWERS, 0000 BETH A. GOODWILL, 0000 RONALD K. DANCY, 0000 BRIAN P. EYRE, 0000 DAVID S. GOOSMAN, 0000 TROY T. DANIELS, 0000 GUS M. FADEL, 0000 WILLIAM R. GORDON, 0000 VERNON CHARLES DANIELS II, 0000 SCOTT R. FARRAR, 0000 TODD W. GORRELL, 0000 KAREN Y. DAVENPORT, 0000 KURTIS W. FAUBION, 0000 JOHN G. GORSE, 0000 ELTON H. DAVIS, 0000 DONALD L. FAUST, 0000 PENELOPE F. GORSUCH, 0000 GARY A. DAVIS, 0000 MICHAEL J. FEDOR, 0000 LISA M. GOSSETT, 0000 KARYL J. DAVIS, 0000 JOHN T. FERRY, 0000 DEAN E. GOULD, 0000 JON K. DAWSON, 0000 BRUCE E. FEWKES, 0000 GORDON D. GOULD, 0000 LISA D. DAY, 0000 DIANNE L. FIEDLER, 0000 WINSTON A. GOULD, 0000 MARK O. DEBENPORT, 0000 RAYMOND J. FIEDER, 0000 CLAYTON M. GOYA, 0000 JOHN K. DECAMP, 0000 RAMONA L. FIELDS, 0000 CARMEN S. GOYETTE, 0000 ELIZABETH A. DECKER, 0000 GEORGE F. FINK, 0000 STEPHEN W. GRADY, 0000 BRENTLY G. DEEN, 0000 TIMOTHY M. FINNEGAN, 0000 MARK A. GRAF, 0000 ANGELA DEESPREBULA, 0000 FREDRIC S. FIREHAMMER, 0000 DAVID B. GRAFF, 0000 THOMAS E. DEETER, 0000 ED J. FISCHER, 0000 TERRY W. GRAGG, 0000 JOSEPH C. DEFENDERFER, 0000 JEFFREY H. FISCHER, 0000 GREGG A. GRAHAM, 0000 DREXEL G. DEFORD, JR., 0000 KEITH D. FISCHER, 0000 JOHN G. GRAHAM, 0000 MITCHELL T. DEGEYTER, 0000 RONALD J. FISCHER, 0000 LYNN M. GRANDGENETT, 0000 JOSEPH L. DEGRANDE, 0000 RONALD J. FISCHER, 0000 ALESIA D. GRANT, 0000 CURTIS R. DEKEYREL, 0000 JAMES T. FISH, 0000 GILLIAN J. GRANT, 0000 STEPHEN P. DEMIANCZYK, 0000 ERIC S. FISK, 0000 JOHN A. GRAVES, 0000 JEFFREY A. DENEUI, 0000 CHARLES D. FITZGERALD, 0000 TODD V. GRAVES, 0000 CHARLES P. DENISON, 0000 MICHAEL T. FITZGERALD, 0000 DEBORAH L. GRAY, 0000 DAVID B. DENMAN, 0000 TIMOTHY L. FITZGERALD, 0000 BRENT A. GREEN, 0000 DANIEL C. DERBAWKA, 0000 EDGAR L. FLERI, JR., 0000 KENNETH M. GREENSTREET, 0000 THOMAS A. DERMODY, 0000 BRIAN J. FLETCHER, 0000 CHERYL J. GREENTREE, 0000 MARTHA R. DERR, 0000 LOUIS L. FLETCHER, 0000 STEPHEN E. GREENTREE, 0000 JEAN A. DESMARAIS, 0000 TIMOTHY D. FLORA, 0000 BRIAN L. GREENWOOD, 0000 TIMOTHY P. DEVINE, 0000 RUSSELL C. FLOWERS, 0000 DANIEL W. GREGG, 0000 MARK D. DEVOE, 0000 ROBERT L. FLOYD, IV, 0000 ROBERT A. GREGORIUS, 0000 ANDREW J. DEWALD, 0000 JETH A. FOGG, 0000 PAULA D. GREGORY, 0000 SCOT A. DEWERTH, 0000 RICHARD W. FOGG, 0000 DALE G. GREY, 0000 DOUGLAS S. DICKERSON, 0000 LOUIS J. FOLEY, JR., 0000 THOMAS H. GRIEP, 0000 TERRY O. DICKINSON, 0000 RICHARD L. FOLKS, II, 0000 CEABERT J. GRIFFITH, 0000 JAMES H. DIENST, 0000 RACHAEL FONTANILLA, 0000 DANIEL T. GRILLONE, 0000 JOHN R. DIERCKS, 0000 JAMES M. FORAND, 0000 PATRICK J. GRIMM, 0000 STEPHEN J. DIPPEL, 0000 JEFFREY T. FOREHAND, 0000 RITCHIE D. GRISSETT, 0000 TIMOTHY A. DIRKS, 0000 WILLIAM A. FORKNER, 0000 JAMES M. GROGAN, 0000 JOHN P. DITTER, 0000 JOHN RAY FORMAN, 0000 DANIEL J. GRONER, 0000 TODD A. DIXON, 0000 SCOTT W. FORN, 0000 JOSEPH E. GROSS III, 0000 STEPHEN J. DOBRONSKI, 0000 AMY A. FORRESTER, 0000 MARIA G. GUEVARA, 0000 DEAN E. DOERING, 0000 RICHARD J. FORRISTALL, 0000 JOSE E. GUILLEN, JR., 0000 WAYNE E. DOHERTY, 0000 JOEL R. FORTENBERRY, 0000 JEAN M. GUMPPER, 0000 CHRISTIAN H. DOLLWET, 0000 MICHELLE P. FOSTER, 0000 DARIN J. GUNNINK, 0000 JOHN F. DONAHUE, 0000 SAMUEL L. FOSTER, 0000 KIRSTEN A. GURLEY, 0000 REBECCA L. DONAHUE, 0000 JOAN Y. FOURNIER, 0000 DARREK L. GUSTER, 0000 STEPHEN K. DONALDSON, 0000 CHARLES F. FOX, 0000 MARCEL L. GUSTIN, 0000 BETH DOPLER, 0000 ROBERT A. FRANKL, 0000 GARY S. HAAG, 0000 MARK J. DORIA, 0000 GREGORY C. FRANKLIN, 0000 MARK W. HABERICHTER, 0000 JAMES L. DOROUGH JR., 0000 JEFFREY R. FRANKLIN, 0000 CHRISTOPHER K. HADDOCK, 0000 JEFFREY O. DORR, 0000 RICHARD M. FRANKLIN, 0000 MARK J. HAGEN, 0000 HAMILTON L. DORSEY, 0000 LLOYD D. FRAZIER, 0000 ROBERT J. HAHN, 0000 MICHAEL M. DOUGHTY, 0000 ROBERT E. FREDRICKSON, JR., 0000 CARLOS HALCOMB, 0000 ROBERT E. DOWNES, 0000 BRIAN E. FREDRIKSSON, 0000 RODERICK A. HALEY, 0000 RICHARD A. DOYLE, 0000 RICHARD K. FREEMAN, 0000 DOUGLAS C. HALL, 0000 ERNEST S. DRAKE, 0000 GREGORY A. FRICK, 0000 JASON T. HALL, 0000 SHELIA M. DRAKE, 0000 DANIEL J. FRITZ, 0000 JOHN E. HALL, 0000 GARY T. DROUBAY, 0000 JOANN C. FRYE, 0000 PETER R. HALL, 0000 GLENN R. DUBOIS, 0000 SCOTT L. FUCHS, 0000 MICHAEL J. HALLORAN, 0000 MARCUS S. DUBOIS, 0000 LISA A. FUENTES, 0000 EDWARD G. HAMILL, 0000 ANGEL M. DUDINSKY, 0000 GREG M. FUJIMOTO, 0000 KENNETH R. HAMM, 0000 LAURIE W. DUFFROBERTSON, 0000 CHRISTOPHER T. FULLER, 0000 KEVIN D. HAMPSHIRE, 0000 CHRISTOPHER G. DUFFY, 0000 STEPHEN T. FULLER, 0000 DAVID M. HANF, 0000 PATRICK J. DULANEY, 0000 SUSAN H. FUNKE, 0000 MARK E. HANLEY, 0000 DARRELL C. DUNN, 0000 VERNE S. FUTAGAWA, 0000 SCOTT M. HANNAN, 0000 RONDA L. DUPUIS, 0000 CRAIG S. GADDIS, 0000 ERIK W. HANSEN, 0000 GREGORY P. DURAND, 0000 RICHARD E. GADDIS, 0000 DAVID K. HAPNER, 0000 PHILIP B. DURDEN, 0000 SEAN T. GALLAGHER, 0000 SAMUEL M. HARBIN, 0000 TIMOTHY L. DUREPO, 0000 LUIS S. GALLEGOS, 0000 ROBERT A. HARDIN, 0000 RANDY Q. DURR, 0000 JOSEPH M. GAMBRELL, 0000 MICHAEL S. HARDMAN, 0000 CHRISTOPHER G. DUSSEAULT, 0000 JOAN H. GARBUTT, 0000 MICHAEL R. HARGIS, 0000 JOSEPH E. DUVAL, 0000 LISA A. GARCCI, 0000 ROSANNE T. HARGROVE, 0000 KENNETH H. DWELLE, 0000 MICHAEL A. GARCIA, 0000 BERNADETTE A. HARLOW, 0000 CHRISTOPHER A. DYER, 0000 STEVE E. GARCIA, 0000 DAMAN B. HARP, 0000 JEAN MARIE EAGLETON, 0000 STEVEN J. GARCIA, 0000 TIMBERLYN M. HARRINGTON, 0000 LIONEL F. EARL, JR., 0000 DAVID P. GARFIELD, 0000 BRYAN L. HARRIS, 0000 MARK H. EASTERBROOK, 0000 ROBERT A. GARLAND, JR., 0000 ERNEST S. HARRIS III, 0000 DAVID P. EASTERLING, JR., 0000 ERIC S. GARTNER, 0000 HUGH A. HARRIS, 0000 PAUL B. EBERHART, 0000 TERRY J. GASPER, 0000 MCKINLEY HARRIS III, 0000 ADRIANA EDEN, 0000 GEORGE H. GATES, JR., 0000 PAUL H. HARRIS, 0000 DAVID K. EDNEY, 0000 MARK A. GAUBERT, 0000 RONYA A. HARRIS, 0000 AMIR A. EDWARD, 0000 MARK K. GAUGLER, 0000 TAL H. HARRIS, 0000

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MARK E. HARRISON, 0000 ALAN D. JAGOLINZER, 0000 JEFFREY E. LARSON, 0000 ROBERT L. HARSHAW, 0000 EDWARD M. JAKES, 0000 STEVEN M. LARSON, 0000 STACI E. HATCH, 0000 SERGEJ JAKOVENKO, JR., 0000 CYNTHIA C. LATKE, 0000 RYAN E. HATTEN, 0000 DANA J. JAMES, 0000 MICHELLE D. LAVEY, 0000 DOUGLAS A. HAUTH, 0000 KRISTIN K. JAMES 0000 BRETT E. LAWLESS, 0000 GARY F. HAWTHORNE, 0000 CONNIE M. JAMISON, 0000 JAMES F. LAWRENCE, 0000 RODNEY C. HAYDEN, 0000 CHRISTOPHER S. JARKO, 0000 TIMOTHY R. LAWRENCE, 0000 STEVEN H. HAYES, 0000 LISA R. JASIN, 0000 ROGER A. LAWSON, 0000 THERESA L. HAYGOOD, 0000 CRAIG A. JASPER, 0000 THERESA A. LAWSON, 0000 DANIEL R. HAYNES, 0000 STEVEN P. JATHO, 0000 ROBERT F. LAWYER, 0000 MARGARET F. HAYNES, 0000 BRIAN K. JEFFERSON, 0000 THOMAS R. LAYNE, 0000 NEIL M. HEAD, 0000 THOMAS B. JEFFREY, 0000 CHRISTOPHER A. LEACH, 0000 JOHN P. HEALY, 0000 DAVID L. JENNINGS, 0000 BRIAN K. LEATHERWOOD, 0000 MICHAEL D. HEARD, 0000 TODD C. JOACHIM, 0000 JAMES E. LEBER, 0000 MATTHEW M. HEATON, 0000 PATRICK E. JOCHEM, 0000 STUART C. LEDET, 0000 EDITHA P. HEBERLEIN, 0000 TAY W. JOHANNES, 0000 JAMES D. LEDNUM, 0000 SCOTT T. HEBRINK, 0000 CONNIE J. JOHNMEYER, 0000 GENE C. LEE, 0000 ROBERT S. HEDDEN, 0000 DAVID W. JOHNSON, 0000 HYON E. LEE, 0000 JANE E. HEETDERKSCOX, 0000 JAY S. JOHNSON, 0000 KURT R. LEE, 0000 DAVID M. HEFNER, 0000 JOSHUA B. JOHNSON, 0000 RUSSELL E. LEE, 0000 JOEL R. HEFT, 0000 KENNETH F. JOHNSON, 0000 WENDY J. LEE, 0000 ERIK W. HEFTYE, 0000 KENT O. JOHNSON, 0000 WILLIAM M. LEE, 0000 JON P. HEILEMAN, 0000 NATHAN H. JOHNSON, 0000 LORI LEEDOWDY, 0000 DAVID P. HEIN, 0000 PAUL L. JOHNSON, 0000 CHRISTINE M. LEISTER, 0000 DENIS A. HEINZ, 0000 WILLIAM B. JOHNSON, 0000 TINA M. LEMKE, 0000 JULIE M. HEISE, 0000 WILLIAM H. JOHNSON III, 0000 BERNARDO LEONARDO, JR., 0000 JOHN R. HEISLER, 0000 DREW Y., JOHNSTON, JR., 0000 GARY N. LEONG, 0000 BETH M. HELMS, 0000 KENNETH T. JOLIVET, 0000 EDWARD G. LESZYNSKI, 0000 MICHAEL W. HELVEY, 0000 LANCE A. JOLLY, 0000 DAVID S. LEVENSON, 0000 SAMANTHA A. HELWIG, 0000 ROBERT D. JOLOWSKI, 0000 LISA E. LEWIS, 0000 WENDY C. HEPT, 0000 DIANE M. JONES, 0000 ROBERT W. LEWIS, 0000 JEFFREY R. HERBERT, 0000 JAMES E. JONES, 0000 LENORA C. LEYENDECKER, 0000 DAVID M. HEROUX, 0000 JAMES R. JONES, JR., 0000 DAWN LIGHT, 0000 MARTIN R. HERTZ, 0000 ROBERT W. JONES, JR., 0000 ANITA L. LIGHTFOOT, 0000 MICHAEL H. HEUER, 0000 CURTIS M. JORDAN, 0000 SAMUEL LIGHTFOOT, JR., 0000 ANDREAS C. HEY, 0000 FLOYD A. JORDAN, 0000 RONADL L. LIMES, JR., 0000 DOUGLAS E. HIESTAND, 0000 JAMES A. JOYCE, 0000 CHRISTOPHER J. LINDELL, 0000 TODD S. HIGGS, 0000 KENNETH M. JOYNER, 0000 DALE M. LINDEMANN, 0000 ROBERT W. HIGHLEY, 0000 ANDREAS JUCKER, 0000 JOE L. LINDSEY, 0000 CLARK A. HIGHSTRETE, 0000 DAVID J. JULAZADEH, 0000 BRUCE A. LING, 0000 ROBERT J. HILDEBRAND, 0000 MARGARET H. JUREK, 0000 MARY P. LINN, 0000 KENNETH A. HILL, 0000 HENRY C. KAPPES, JR., 0000 DAVID S. LINTON, 0000 MARK B. HILL, 0000 SHOMELA R. KARIM, 0000 PETER R. 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HOERNER, 0000 DOUGLAS B. KENNEDY, 0000 RONYA M. LOTTHENDERSON, 0000 CHARLES E. HOGAN II, 0000 KRISTI A. KENNEDY, 0000 JOHN H. LOVEALL, 0000 JEFFREY S. HOGAN, 0000 JACQUELYN E. KERR, 0000 LAURIE DENE LOVARK, 0000 MARK L. HOLBROOK, 0000 ALINA KHALIFE, 0000 JOHN G. LOWE, 0000 PAMELA L. HOLIFIELD, 0000 EDWARD J. KHIM, 0000 ROBERT R. LOY, 0000 DEBORAH A. HOLINGER, 0000 KATHLEEN H. KIDD, 0000 ROY E. LOZANO, JR., 0000 MICHAEL W. HOLL, 0000 JAMES G. KIMBROUGH, 0000 KEITH A. LUDWIG, 0000 MICHAEL L.A. HOLLAND, 0000 MIKE D. KINCAID, 0000 TIMOTHY T. LUNDERMAN, 0000 STEVEN W. HOLLIS, 0000 MICHAEL T. KINDT, 0000 DAVID A. LUNGER, 0000 MATTHEW H. HOLM, 0000 BRIAN E. KING, 0000 GARRY W. LUNSFORD, 0000 DANIEL T. HOLT, 0000 SONYA N. KING, 0000 JAMIE A. LUTES, 0000 MICHAEL A. HOMSY, 0000 WAYNE F. KING, 0000 DAVID L. LYLE, 0000 THOMAS M. HOMZA, 0000 ROBERT G. KINSFATHER, 0000 DESIREE L. LYLES 0000 DAVID E. HOOK, 0000 CECILIA M. KIPP, 0000 SHANNON D. LYNCH, 0000 TROY E. HOOK, 0000 DONALD C. KIRK, 0000 WANDA V. LYNCH, 0000 MICHAEL D. HOPPNER, 0000 VINCENT L. KIRKNER, 0000 CHERYL A. LYON, 0000 ERIC S. HORNBOSTEL, 0000 PRESTON D. KISE, 0000 TIMOTHY S. LYON, 0000 DAVID J. HORNYAK, 0000 MIKLOS C. KISS, JR., 0000 JAMES D. LYONFIELDS, 0000 FRANK H. HORTON, 0000 MONICA Y. KLATT, 0000 RICHARD N. MACCONNEL, 0000 WALTER G. HORTON, 0000 WENDY E. KLEIN, 0000 KENNETH A. MACDONALD, 0000 WRAY R. HOSKAMER, 0000 JAMES F. KLINGMEYER, 0000 ROBERT C. MACKELPRANG, 0000 DARREN L. HOSKINS, 0000 STEVE M. KLUMP, 0000 WILLIAM D. MAGEE, 0000 CHARLES W. HOULDING, 0000 LISA K. KNIERIEM, 0000 CHERYL L. MAGNUSON, 0000 ROBERT C. HOUSE, JR., 0000 WILLIAM M. KNIGHT, 0000 RICHARD W. MAHARREY, 0000 TIMOTHY M. HOUSE, 0000 KEVIN J. KNISKERN, 0000 DAVID A. MAHER, 0000 PAUL L. HOWE, 0000 DANIEL P. KNUTSON, 0000 BRIAN J. MAHONEY, 0000 PAUL E. HOWELL, 0000 CYNTHIA A. KOCH, 0000 CAROL C. MALEBRANCHE, 0000 PAUL B. HROMANIK, 0000 THEODORE S. KOCH, 0000 PHILIPPE R. MALEBRANCHE, 0000 ANN S. HRYSHKOMULLEN, 0000 SCOTT A. KOEHLER, 0000 DAVID T. MALLARNEE, 0000 JEFFEREY B. HUBBELL, 0000 STEPHEN R. KOENIG, 0000 ROBERT A. MALLETS, 0000 BERT L. HUBERT, 0000 TERESA M. KOHLBECK, 0000 FRANCIS X. MALLOY, 0000 ROBERT V. HUCKLEBERRY, 0000 MICHAEL L. KONING, 0000 CHARLES J. MALONE, 0000 JAMES B. HUDGENS, 0000 BRIAN T. KOONCE, 0000 RUSSELL W. MAMMOSER, 0000 BILLY W. HUDSON, JR., 0000 STEPHEN O. KORNITZER, 0000 PAUL R. MANCINI, 0000 STEPHEN C. HUEHOLT, 0000 BENJAMIN F. KOUDELKA, JR., 0000 BERNARD W. MANLEY, 0000 HEIDI E. HUENIKEN, 0000 JOSEPH V. KRAFT, 0000 ROBERT J. MANSFIELD, 0000 ALICIA L. HUGHES, 0000 ROBET L. KRAJECK, JR., 0000 CHAD T. MANSKE, 0000 RODNEY R. HULLINGER, 0000 GLENN M. KRAMER, 0000 KARL W. MARIOTTI, 0000 SCOTT W. HUMMEL, 0000 ANNA MARTINEZ, KRAMM, 0000 TODD M. MARKWALD, 0000 JAMES D. HUNSICKER, 0000 GEOFFREY D. KRASSY, 0000 THOMAS H. MARLIN, 0000 PETER A. HUNSUCK, 0000 JEFFREY J. KRIENKE, 0000 KEITH E. MARLOW, 0000 THOMAS M. HUNTER, 0000 STEVEN E. KRIESE, 0000 BARBARA C. MARTIN, 0000 KYLE N. HUSE, 0000 JAMES P.E. KULKA, 0000 LISA A. MARTIN, 0000 DIANE T. HUSTON, 0000 CHAD S. KUNTZLEMAN, 0000 STEVE A. MARTIN, 0000 THOMAS H. HUZZARD, 0000 KRISTINE T. KUSEKVELLANI, 0000 WAYNE R. MARTIN, 0000 RAYMOND L. HYLAND, JR., 0000 MAUREEN A. KUSKE, 0000 MICHELLE D. MARTINEAU, 0000 APRIL L. IACOPELLI, 0000 ANDREW C. KUTH, 0000 GLENN E. MARTINEZ, 0000 RICHARD D. IANNACCHIONE, 0000 GLENN A. KYLER, 0000 PETER H. MASON, 0000 JON E. INCERPI, 0000 EDWARD A. LAFERTY, 0000 ANTHONY J. MASSA, 0000 ROBERT L. INGEGNERI, 0000 DAVID P. LAKE, 0000 MICHAEL L. MASTERS, 0000 MARK S. INGLES, 0000 JAMES A. LAMB, 0000 MICHAEL T. MATHEIS, 0000 ROBERT E. INTRONE, 0000 CHRISTOPHER S. LAMBERT, 0000 JOSEPH P. MATHIS, 0000 JOEL D. IRVIN, 0000 JEFFREY A. LAMBERT, 0000 ESTER L. MATINA, 0000 JAMES M. ISBEL, JR., 0000 STEPHEN B. LAMBERT, 0000 FREDDY A. MATOS, 0000 PAUL H. ISSLER, 0000 KEVIN S. LANE, 0000 GREGG T. MATSUMOTO, 0000 HARRY W. JACKSON, 0000 LARRY H. LANG, 0000 JAMES B. MATTILA, 0000 ROBERT S. JACKSON, JR., 0000 LEIANN M. LANG, 0000 SUZANNE M. MATTIODA, 0000 THOMAS N. JACOB, 0000 MARK A. LANGE, 0000 LESLIE A. MAUNEY, 0000 JEFFERY L. JACOBS, 0000 TODD A. LANGENFELD, 0000 ERIC R. MAURER, 0000 GLEN C. JAFFRAY, 0000 DOUGLAS N. LARSON, 0000 GARY A. MAUSS, 0000

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RICHARD D. MAXHIMER, 0000 WENDY L. MURRAY, 0000 PAUL R. PLEMEL, 0000 ROBERT E. MAYFIELD, 0000 MYLES M. NAKAMURA, 0000 SCOTT L. PLEUS, 0000 PAMELA D. MCALLISTER, 0000 JOSEPH J. NARRIGAN, 0000 STEPHEN D. POINTON, 0000 WILLIAM J. MCALLISTER, 0000 DANIEL S. NASH, 0000 WILLIAM E. POLAKOWSKI, 0000 JEANINE M. MCANANEY, 0000 TRACY A. NEALWALDEN, 0000 JOHN F. POLANDER, 0000 HOWARD G. MCARTHUR, 0000 LORA F. NEELY, 0000 ROBERT W. POLICANO, 0000 WILLIAM T. MCBROOM III, 0000 MARY C. NEFF, 0000 MICHAEL J. POLLEY, 0000 RICHARD T. MCCAFFERTY, 0000 ROBERT E. NEHER, JR., 0000 THOMAS POLLIO, 0000 REBECCA A. MCCAIN, 0000 TIMOTHY A. NELL, 0000 EDWARD J. POLLOCK, 0000 SAMUEL P. MCCARTHY, 0000 BRENDA R. NELSON, 0000 MICHAEL D. PORT, 0000 STEPHEN S. MCCARTY, 0000 CATHERINE M. NELSON, 0000 JAMES C. PORTER, 0000 TERRY W. MCCLAIN, 0000 MELANIE J. NELSON, 0000 SHEILA J. POWELKA, 0000 CHARLES J. MCCLOUD, JR., 0000 REBECCA A. NELSON, 0000 JAMES R. POWELL, 0000 CARLA J. MCCLURE, 0000 DOUGLAS W. NEMSCHICK, JR., 0000 JOHN W. POWERS III, 0000 BARBARA A. MCCLURKIN, 0000 ROBER L. NEUMANN, 0000 WILLIAM M. PRAMENKO, 0000 ROBERT G. MCCORMACK, 0000 STEVEN T. NEUSER, 0000 TYE E. PRATER, 0000 MICHAEL R. MCCOY, 0000 MICHAEL EUGENE NEWMAN, 0000 JOHN R. PRATT, 0000 ROBERT P. MCCRADY, 0000 CHRISTINE L. NG, 0000 RONALD D. PRICE II, 0000 ILYO L. MCCRAY, 0000 CLIFTON E. NICHOLS, 0000 MARIA M. PRIEST, 0000 JAMES B. MCDONALD, 0000 JAMES R. NICHOLS, 0000 KELLY J. PRIMUS, 0000 MICHAEL E. MCDONALD, 0000 JOSEPH K. NICHOLSON, 0000 MELANIE A. PRINCE, 0000 REGINALD A. MCDONALD, 0000 SCOTT P. NICKERSON, 0000 RICHARD D. PROCTOR, 0000 GEORGE M. MCDOWELL, 0000 ERIC B. NICKISH, 0000 JOHN J. PROSCENO, JR., 0000 JAMES C. MCEACHEN, 0000 CHRISTOPHER T. NICKLAS, 0000 GREGORY T. PUCH, 0000 JOHN P. MCELDOWNEY, 0000 DANA S. NIELSEN, 0000 RAYMOND K. PURVIS, 0000 JAMES J. MCELHENNEY, 0000 TERANCE L. NIVER, 0000 GLENN C. QUANBECK, 0000 DARYL C. MCELWAIN, 0000 LAWRENCE A. NIXON, 0000 THOMAS J. QUICK, 0000 MARK A. MCGEORGE, 0000 BRIAN P. NOEL, 0000 CHARLES D. QUINN, 0000 MILDRED MCGILLVRAY, 0000 VAHAN NOKHOUDIAN, 0000 PAUL R. QUIRION, 0000 GERALD T. MCGINTY, 0000 STEVEN P. NOLL, 0000 ROBERT A. QUIRK, 0000 ANTHONY K. MCGRAW, 0000 DANIEL R. NORDSTROM, 0000 WILLIAM M. RADER III, 0000 STEPHEN I. MCINTYRE, 0000 DALE W. NORRIS, 0000 STEVEN P. RAGGE, 0000 PAUL M. MCKENNA, 0000 ROBERT M. NORRIS, 0000 KENNETH C. RAGSDALE, 0000 FREDERICK J. MCKEOWN, 0000 JAMES D. NORTON, 0000 CARL W. RAHN, 0000 MICHAEL J. MCKINNEY, 0000 KEVIN D. NOWAK, 0000 CURTIS K. RAHN, 0000 ROSLYN E. MCKINNEY, 0000 JOHN S. O’BRIEN, 0000 TODD G. RAIRDAN, 0000 TIMOTHY J. MCLAIN, 0000 KRISTINA M. O’BRIEN, 0000 ANTHONY R. RAMAGE, 0000 BRIAN P. MCLAUGHLIN, 0000 BARBARA S. OCHSNER, 0000 MURIEL RAMIREZSALAS, 0000 GAYLA MCLAUGHLIN, 0000 JODY L. OCKER, 0000 STEVEN T. RAMSAY, 0000 JESSE O. MCLAUGHLIN, 0000 KEVIN S. O’CONNELL, 0000 ROBERT L. RAMSDEN, 0000 JAMES C. MCMAHON, JR., 0000 TIMOTHY J. O’CONNOR, 0000 BENJAMIN A. 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O’NEEL, 0000 BROOKS B. REESE, 0000 THOMAS S. MENEFEE, 0000 BRADLEY A. O’NEIL, 0000 PATRICK S. REESE, 0000 CHARLES E. METROLIS, JR., 0000 RICHARD J. ONKEN, 0000 THOMAS M. REESE, 0000 FREDERICK G. MEYER, 0000 JILL J. OREAR, 0000 ANTHONY H. REILL, 0000 GREGORY S. MEYER, 0000 JENNIFER J. ORR, 0000 FRANK G. REINEKE, 0000 MICHAEL C. MEYER, 0000 DAVID L. ORTOLANI, 0000 RICHARD J. REISER, 0000 THOMAS E. MEYER, 0000 KEVIN A. OSBURN, 0000 CHARLENE H. REITH, 0000 MARK W. MICHAEL, 0000 KARL E. OTT, 0000 ROBERT S. RENEAU, 0000 ERIN A. MIDDLETON, 0000 JANICE E. OWINGS, 0000 THOMAS A. REPPART, 0000 MARK A. MIENTEK, 0000 ALFRED J. OZANIAN, 0000 MARIA L. REYMANN, 0000 CHARLES T. MILLER, 0000 MICHAEL A. OZMENT, 0000 DONNA M. REZENDES, 0000 JAMES E. MILLER, 0000 CLIFFORD D. OZMUN, 0000 STEPHEN L. REZNIK, 0000 JEFFREY S. MILLER, 0000 JOSEPH P. PACE, 0000 KENNETH P. RHEIN, 0000 KEVIN W. MILLER, 0000 DANIEL A. PACHECO, 0000 KEVIN M. RHOADES, 0000 RAYMOND S. MILLER, 0000 GREGORY S. PACHMAN, 0000 BRIAN K. RHODARMER, 0000 RODNEY L. MILLER, 0000 REGINA R. PADEN, 0000 KENNETH D. RHUDY, 0000 SCOTT S. MILLER, 0000 TIMOTHY I. PAGE, 0000 SUSAN R. RICE, 0000 STEVEN P. MILLER, 0000 JAMES P. PALMISANO, 0000 MARTIN J. RICHARD, 0000 THOMAS E. MILLER, 0000 ANDREW J. PALOMBELLA, 0000 DONNA M. RCIHARDS, 0000 DANIEL R. MILLMAN, 0000 DANNY E. PALUBECKIS, 0000 THOMAS J. RICHARDS, 0000 GREGORY A. MILLS, 0000 THOMAS E. PARENT, 0000 TODD E. RICHARDS, 0000 MARILYNDA D. MILTEER, 0000 DAVID D. PARK, 0000 PARTICIA M. RICHARDSON, 0000 MICHAEL A. MINIHAN, 0000 ELIZABETH A. PARK, 0000 SCOTT M. RIDER, 0000 CHERYL D. MINTO, 0000 GREGORY H. PARKER, 0000 MARY B. RIENDEAU, 0000 JOSEPH B. MIRROW, 0000 JEANNINE M. PARKER, 0000 THOMAS A. RIETKERK, 0000 JOSEPH M. MISSEL, 0000 JEFFREY R. PARKER, 0000 ANNA M. RIGHERO, 0000 JEFFREY S. MITCHELL, 0000 MARDIS W. PARKER, 0000 KEVEIN R. RITCHIE, 0000 MICHAEL F. MITCHELL, 0000 RICHARD L. PARKS, 0000 HANS V. RITSCHARD, 0000 JOSEPH B. MIZZELL, 0000 JAMES C. PARTIN, 0000 ALTON O. RITTENOUR, 0000 JOHN H. MODINGER, 0000 KENNETH J. PASCOE, 0000 JOSEPH M. RIVERS, 0000 DEREK MOFFA, 0000 DUSHYANTKUMAR A. PATEL, 0000 CHAD E. ROALSON, 0000 CHARLES W. MOINETTE, 0000 KALPESH B. PATEL, 0000 CLYDE H. ROBERTS III, 0000 HERBERT S. MOLLER, 0000 BRADLEY C. PATON, 0000 STEPHEN L. ROBERTSON, 0000 DONALD T. MOLNAR, 0000 DAVID A. PATTON, 0000 CHARLES T. ROBINSON, 0000 SOTIRIOS S. MOLOS, 0000 BRETT A. PAUER, 0000 DONNAMARIA ROBINSON, 0000 RICHARD P. MONAHAN, 0000 TODD M. PAVICH, 0000 JEFFREY D. ROBINSON, 0000 ANDREA MOORE, 0000 GREGORY J. PAYNE, 0000 ROBERT M. RODGERS, 0000 BOBBIE A. MOORE, 0000 KATHY J. PAYNE, 0000 CLIFFORD D. RODMAN, JR., 0000 CATHERINE M. MOORE, 0000 MARGARET M. PAYTON, 0000 JAMES F. RODRIGUEZ, 0000 DORIS A. MOORE, 0000 JAMES L. PEASE, 0000 JENNIFER C. RODRIGUEZ, 0000 KIMBERLY ANNCISNEROS MOORE, 0000 JAMES D. PECCIA III, 0000 CHERIES E. ROFF, 0000 WILLIAM H. MOORE, 0000 JOSEPH E. PEDONE, JR., 0000 WILLIAM B. ROGAN III 0000 ALBERT S. MORENO, 0000 ERIC R. PELTIER, 0000 JAMES W. ROGERS, JC., 0000 GREY L. MORGAN, 0000 DWAYNE R. PEOPLES, 0000 ROBERT A. ROGERS, 0000 JOY L. MORIBE, 0000 DANIEL A. PEPPER, 0000 JOANNE M. ROHLMAN, 0000 MICHAEL A. MORREALE, 0000 GARY L. PERCIVAL, 0000 STEPHEN M. ROHRBOUGH, 0000 SCOTT A. MORRIS, 0000 KEVIN E. PERDUE, 0000 MICHAEL A. ROMERO, 0000 SUSAN D. MORRIS, 0000 SEAN W. PERKINS, 0000 LIZA BETH ROOS, 0000 WILLIAM L. MORRIS, 0000 SUSAN M. PERRY, 0000 MARK D. ROOSMA, 0000 PATRICE H. MORRISON, 0000 THEODORE O. PERSINGER, 0000 DONNA K. ROPER, 0000 YANCY A. MOSLEY, 0000 BRADLEY T. PETERS, 0000 ARMANDO L. ROSALES, 0000 GREGORY D. MOSS, 0000 RONALD F. PETERS, 0000 JULIE A. ROSELLIRAYA, 0000 TODD C. MOTTL, 0000 KEVIN S. PETERSON, 0000 THOMAS ROSS, 0000 MICHAEL A. MRAS, 0000 SAMUEL B. PETTERS, 0000 TED A. ROSWARSKI, 0000 LESLIE L. MUHLHAUSER, 0000 PAUL E. PFANKUCH, 0000 KIM A. ROTH, 0000 JOSEPH E. MULLEN, JR., 0000 LINDA G. PHELPS, 0000 MICHAEL F. ROTHERMEL, 0000 MARY N. MULLER, 0000 KIRK A. PHILLIPS, 0000 HEIDIE R. ROTHSCHILD, 0000 JAMES P. MULLINS, 0000 MICHAEL A. PHILLIPS, 0000 ROBERT B. ROTTSCHAFER, 0000 DEBORAH A. MUNLEY, 0000 JOSEPH F. PIASECKI, 0000 ANDERSON B. ROWAN, 0000 EVELYN MUNOZ, 0000 CHARLES PICONE, 0000 KIRK L. ROWE, 0000 JENNIFER J. MURPHY, 0000 ERIC A. PIEL, 0000 RICHARD L. ROWE, JR., 0000 KAREN L. MURPHY, 0000 PAUL S. PIRKLE III, 0000 EUGENE I. ROWELL, JR., 0000 RODERICK T. MURPHY, 0000 MICHAEL E. PLATTEEL, 0000 MICHAEL W. RUBY, 0000

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JOANNE R. RUGGERI, 0000 GARY D. SMITH, 0000 SYLVIA C. TAYLOR, 0000 DAVID M. RULLI, 0000 JAMES B. SMITH, 0000 SHAWN E. TEAGAN, 0000 RALPH J. RUOCCO, 0000 JEFFERY B. SMITH, 0000 GARIN P. TENTSCHERT, 0000 BRIAN RUSLER, 0000 JEFFERY P. SMITH, 0000 KEITH A. TERRELL, 0000 BRYN A. RUSSELL, 0000 JEFFREY E. SMITH, 0000 DAVID M. TERRINONI, 0000 DAVID M. RUSSELL, 0000 JEFFREY M. SMITH, 0000 JOHN P. TERRY, 0000 ROBERT D. RUSSELL, 0000 LOUIS V. SMITH, JR., 0000 ROYCE M. TERRY, 0000 TERI JO RUSSELL, 0000 MARIO F. SMITH, JR., 0000 KEVIN M. TESSIER, 0000 MICHAEL J. RUSZKOWSKI, 0000 MAURY J. SMITH, 0000 JOSEPH B. THALMAN, 0000 PHILIP E. RUTLEDGE, II, 0000 ROBERT J. SMITH, JR., 0000 TODD L. THIBAULT, 0000 MARK C. RYALS, 0000 ROXANNE M. SMITH, 0000 DONALD G. THIBEAULT, 0000 JON J. RYCHALSKI, 0000 TERESA L. SMITH, 0000 GEOFFREY P. THOMAS, 0000 ANDREW L. SACKETT, 0000 WENDEL A. SMITH, 0000 HOWARD M. THOMAS, 0000 MICHAEL T. SAGE, 0000 MATTHEW C. SMITHAM, 0000 JACQUELINE D. THOMAS, 0000 PAUL A. SAINSBURY, 0000 KERRY J. SMITHERS, 0000 KENT A. THOMAS, 0000 SARA J. SALANSKY, 0000 CRAIG A. SMYSER, 0000 CHARITY J. THOMASOS, 0000 BRIAN R. SALMANS, 0000 NEAL A. SNETSKY, 0000 BILLY D. THOMPSON, 0000 JUVENAL Q. SALOMON, 0000 BRIAN M. SNIPPEN, 0000 BRAD R. THOMPSON, 0000 KELLY ANDERSON SAMOLITIS, 0000 BENJAMIN E. SNOW, 0000 GREGORY F. THOMPSON, 0000 TIMOTHY J. SAMOLITIS, 0000 GORDON D. SNOW, 0000 MATTHEW H. THOMPSON, 0000 KEVIN L. SAMPELS, 0000 JONATHAN D. SNOWDEN, 0000 JEFFREY A. TIBBITS, 0000 DAVID S. SANCHEZ, 0000 DAVID D. SNYDER, 0000 CHERYL A. TILLMAN, 0000 PATRICK G. SANDERS, 0000 JENNIFER L. SNYDER, 0000 CHARLES R. TIMMERMEYER, JR., 0000 SHANE L. SANDERS, 0000 JUDY A. SNYDER, 0000 EARL L. TINGLE III, 0000 MICHAEL E. SANTOS, 0000 SCOTT A. SNYDER, 0000 GRACIELA E. TISCARENOSATO, 0000 LEVY G. SARINO, JR., 0000 WILLIAM H. SNYDER, 0000 MICHAEL A. TODD, 0000 BRIAN L. SASSAMAN, 0000 TIMOTHY J. SODERHOLM, 0000 PATRICK M. TOM, 0000 RICHARD F. SAUERS, JR., 0000 JOHN T. SOMMER, 0000 MICHAEL J. TOMASULO, 0000 GREGORY G. SAULNIER, 0000 DAVID M. SONNTAG, 0000 LYNN A. TOMLONSON, 0000 TAMMY M. SAVOIE, 0000 LENA L. SOTO, 0000 DONNA L. TONEY, 0000 BARBARA J. SCHACHT, 0000 ERIC P. SOUCY, 0000 LAWRENCE O. TORRES, 0000 GREGORY SCHECHTMAN, 0000 ANNETTE SOWARDS, 0000 CHRISTIAN T. TOTTEN, 0000 GREGORY C. SCHEER, JR., 0000 DEAN C. SPAHR, 0000 PHILLIP P. TRAHAN, 0000 KURT M. SCHEIBLE, 0000 RYAN S. SPAULDING, 0000 JAMES W. TRAVIS, 0000 ANTHONY SCHEIDT, 0000 THOMAS R. SPELLMAN, 0000 JULIE D. TRAVNICEK, 0000 GEORGE J. SCHERER, 0000 ANNETTA L. SPENCER, 0000 JENNIFER C. TRAYLOR, 0000 WILLIAM A. SCHEU, 0000 JAMES A. SPERL, 0000 CHESTER A. TRELOAR, 0000 KEVIN J. SCHIELDS, 0000 CHARLES J. SPILLAR, JR., 0000 KIRK A. TRESCH, 0000 KIM L. SCHMIDT, 0000 GARY M. SPILLMAN, 0000 RUBEN TREVINO, 0000 THERESA R. SCHNITZER, 0000 JUDITH K. SPOERER, 0000 JIMMIE L. TRIGG, 0000 PAUL L. SCHOLL, 0000 JAMES E. SPRAY, 0000 MICHELLE M. TRIGG, 0000 PATRICK J. SCHOLLE, 0000 JAMES B. 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SHANNON, 0000 THERESA A. STOCKDALE, 0000 TIEM THOMAS, JR. VAN, 0000 MARK E. SHARP, 0000 CARY L. STOKES, 0000 TROY B. VANCASTER, 0000 MICHAEL G. SHARP, 0000 ALESSANDRA STOKSTAD, 0000 JOHN J. VANCE, 0000 MICHAEL J. SHENK, 0000 BRYAN M. STOKSTAD, 0000 CHRIS D. VANDECAR, 0000 MARIAN B. SHEPHERD, 0000 CLEARENCE M. STONE JR., 0000 REX S. VANDERWOOD, 0000 RONALD C. SHEPHERD, JR., 0000 JEFFREY A. STONE, 0000 TERRY F. VANN, 0000 JAMES W. SHERECK, 0000 ROBERT H. STONEMARK, 0000 JONATHAN R. VANNOORD, 0000 DAVIN M. SHING, 0000 MICHAEL R. STRACHAN, 0000 MICHAEL A. VANTHOURNOUT, 0000 JON J. SHOWALTER, 0000 RUSSELL F. STRASBURGER III, 0000 FRITZ VANWIJNGAARDEN, 0000 LARRY W. SHRYOCK, 0000 BRENTON K. STREZA, 0000 CHERYL L. VARGO, 0000 ROBERT A. SHULL, 0000 ROBERT M. STRICKLAND JR., 0000 BRIAN T. VARN, 0000 TODD C. SHULL, 0000 DANIEL J. STRIEDIECK, 0000 DAVID S. VAUGHN, 0000 JAMES E. SIEFFERT, 0000 CARL A. STRUCK, 0000 NANCY VEGA, 0000 DAVID A. SIKORA, 0000 CYNTHIA R. STUDSDAHL, 0000 FREDERICK H. 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TARTER, 0000 SCOTT F. WALTER, 0000 BRIAN D. SMITH, 0000 TRENT J. TATE, 0000 SHELDON D. WALTER, 0000 BRUCE I. SMITH, 0000 GREGORY O. TAYLOR, 0000 JOSEPH M. WALZ, 0000 BRUCE M. SMITH, 0000 JAMES F. TAYLOR, 0000 DEAN A. WARD, 0000 COLLIN B. SMITH, 0000 JOHN R. TAYLOR II, 0000 ROBERT J. WARD, 0000 DAVID P. SMITH, 0000 JOSEPH A. TAYLOR JR., 0000 ERIC L. WARNER, 0000 DIANE L. SMITH, 0000 KAREN A. TAYLOR, 0000 LEAH C. WARNER, 0000

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SCOTT A. WARNER, 0000 JEFFREY A. WILCOX, 0000 DANIEL T. WOLF, 0000 JAMES L. WARNKE, 0000 SHEILA H. WILHITE, 0000 KEVIN M. WOLF, 0000 ELAINE R. WASHINGTON, 0000 JOHN M. WILKENS, 0000 KEVIN S. WOLFE, 0000 LORENZO S. WASHINGTON, 0000 PEGGY ANNE WILKINS, 0000 JOSEPH L. WOLFER, 0000 MARK E. WASSER, 0000 MARK W. WILKINSON, 0000 JOSEPH L. WOLFKIEL, 0000 BILLY J. WATKINS, JR., 0000 MICHAEL D. WILKINSON, 0000 JASON L. WOOD, 0000 MICHAEL G. WATSON, 0000 BRETT T. WILLIAMS, 0000 THERESA G. WOOD, 0000 CHRISTIAN G. WATT, 0000 CLIFFORD D. WILLIAMS, 0000 RIPLEY E. WOODARD, 0000 KATHERINE A. WEBB, 0000 DALE R. WILLIAMS, 0000 ANDREW D. WOODROW, 0000 RICHARD E. WEBB, JR., 0000 DANIEL R. WILLIAMS, 0000 ROBERT S. WOODWARD, 0000 MICHAEL R. WEHMEYER, 0000 DOUGLAS A. WILLIAMS, 0000 TIMOTHY M. WOODYARD, 0000 DAN K. WEIBLE, 0000 GREG A. WILLIAMS, 0000 MICHAEL W. WOOLLEY, 0000 TERI L. WEIDE, 0000 JEFFREY G. WILLIAMS, 0000 JAMES O. WOOTEN, 0000 GREGORY S. WEISE, 0000 KENNETH A. WILLIAMS, 0000 RHONDA S. WOOTTON, 0000 KIRK K. WEISSENFLUH, 0000 LYNDON J. WILLIAMS, 0000 TODD A. WORMS, 0000 NANCY L. WEITZEL, 0000 NEICKO C. WILLIAMS, 0000 BRADLEY K. WRIGHT, 0000 PATRICK T. WELCH, 0000 NNEKA C. WILLIAMS, 0000 JACK D. WRIGHT, JR., 0000 MARK D. WELTER, 0000 ROBIN B. WILLIAMS, 0000 KARYN E. WRIGHT, 0000 JAMES C. WEST, 0000 SHUN V. WILLIAMS, 0000 RICHARD D. WRIGHT, 0000 WILLIAM P. WEST, 0000 JEFFREY S. WILLIS, 0000 ANTHONY J. WURMSTEIN, 0000 GARY A. WETTENGEL, JR., 0000 JOHNDAVID W. WILLIS, 0000 JUSTIN R. WYMORE, 0000 BRYAN A. WHATLEY, 0000 MATTHEW B. WILLIS, 0000 PAUL A. YARBROUGH, 0000 SEABORN J. WHATLEY III, 0000 CHRISTOPHER A.D. WILLISTON, 0000 ERIC W. YATES, 0000 MONICA L. WHEATON, 0000 R. BREC WILSHUSEN, 0000 JAMES H. YEAGER, 0000 CATHERINE A. WHEELER, 0000 ALEXANDER M. WILSON, 0000 JOHN P. YEATMAN, 0000 MARK C. WHEELHOUSE, 0000 CLIFFORD A. WILSON, 0000 MARY ANNE C. YIP, 0000 TOBY S. WHELCHEL, 0000 KENNETH R. WILSON, 0000 PATRICIA L. YORK, 0000 CHRISTOPHER G. WHELESS, 0000 TERRY A. WILSON, 0000 JOHN S. YOUNG, 0000 JEFFREY WHETSTONE, 0000 MAJORIE E. WIMMER, 0000 GREGORY J. YUEN, 0000 WILLIAM S. WHIPPLE, 0000 PATRICK J. WINDEY, 0000 ELIZABETH A. ZEIGER, 0000 DAVID G. WHITE III, 0000 TRACY A. WINGERT, 0000 KEVIN M. ZELLER, 0000 ROBIN L. WHITE, 0000 MARYELLEN WINKLER, 0000 KAREN K. ZEPP, 0000 TONY A. WHITESIDE, 0000 TERRENCE E. WINNIE, 0000 KENNETH S. ZEPP, 0000 LUKE D. WHITNEY, 0000 RICHARD S. WISE, 0000 MICHAEL J. ZIGAN, 0000 WILSON W. WICKISER, JR., 0000 TRACY M. WITCHER, 0000 DOUGLAS J. ZIMMER, 0000 WENDY S. WICKWIRE, 0000 MARK E. WITSKEN, 0000 JAMES B. ZIMMERMAN, 0000 ROBERT WILLIAM WIDO, JR., 0000 JEROME E. WIZDA, 0000 MICHAEL J. ZUBER, 0000 ROBIN A. WIEGAND, 0000 JEFFREY S. WOELBLING, 0000 SCOTT A. ZUERLEIN, 0000

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