CREC-1996-09-04

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					                                    Congressional Record
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                                                                                   104 th CONGRESS, SECOND SESSION
  United States
   of America                       PROCEEDINGS AND DEBATES OF THE


Vol. 142                               WASHINGTON, WEDNESDAY, SEPTEMBER 4, 1996                                                       No. 119


                                    House of Representatives
  The House met at 12 noon.                     amendments bills of the House of the                S. Con. Res. 52. Concurrent resolution to
  The Chaplain, Rev. James David                following titles in which concurrence             recognize and encourage the convening of a
Ford, D.D., offered the following pray-         of the House is requested:                        National Silver Haired Congress;
er:                                               H.R. 2428. An act to encourage the dona-          S. Con. Res. 68. Concurrent resolution to
  We pray for Your blessing, gracious           tion of food and grocery products to non-         correct technical errors in the enrollment of
                                                profit organizations for distribution to needy    the bill, H.R. 3103; and
God, in all the moments of life from
the morning light to eventide, from the         individuals by giving the Model Good Samar-         S. Con. Res. 70. Concurrent resolution to
                                                itan Food Donation Act the full force and ef-     correct technical errors in the enrollment of
rush of activity that greets each day to
                                                fect of law; and                                  the bill, H.R. 1975.
the quiet and solitude when work is               H.R. 3269. An act to amend the Impact Aid
over and time is past. Our petitions            program to provide for a hold-harmless with         The message also announced that
reach out to You, O God, from the               respect to amounts for payments relating to       pursuant to Public Law 104–132, the
early instants of life through all the          the Federal acquisition of real property, and     Chair, on behalf of the minority leader,
encounters of daily living until we rest        for other purposes.                               appoints Donald C. Dahlin, of South
from our labors and the burdens of life           The message further announced that              Dakota, as a member of the Commis-
are over. As we contemplate the oppor-          the Senate agrees to the report of the            sion on the Advancement of Federal
tunities that are before us, we pray            committee of conference on the dis-               Law Enforcement.
that Your benediction will ever be with         agreeing votes of the two Houses on                 The message also announced that
us, Your counsel will lead us in the            the amendments of the Senate to the               pursuant to Public Law 104–132, the
right path, and Your grace will be suf-         bill (H.R. 3754) ‘‘An act making appro-           Chair, on behalf of the President pro
ficient for our every need. In Your             priations for the Legislative Branch for          tempore, appoints Robert M. Stewart,
name, we pray. Amen.                            the fiscal year ending September 30,              of South Carolina, as a member of the
                                                1997, and for other purposes.’’                   Commission on the Advancement of
                                                  The message also announced that the             Federal Law Enforcement.
            THE JOURNAL                         Senate has passed bills and concurrent
  The SPEAKER. The Chair has exam-              resolutions of the following titles in
ined the Journal of the last day’s pro-         which the concurrence of the House is
ceedings and announces to the House             requested:                                            COMMUNICATION FROM THE
his approval thereof.                             S. 1130. An act to provide for the establish-         CLERK OF THE HOUSE
  Pursuant to clause 1, rule I, the Jour-       ment of uniform accounting systems, stand-
nal stands approved.                            ards, and reporting systems in the Federal          The SPEAKER laid before the House
                                                Government, and for other purposes;               the following communication from the
                                                  S. 1559. An act to make technical correc-       Clerk of the House of Representatives:
                                                tions to title 11, United States Code, and for
      PLEDGE OF ALLEGIANCE                      other purposes;                                                  OFFICE OF THE CLERK,
  The SPEAKER. Will the gentleman                 S. 1662. An act to establish areas of wilder-          U.S. HOUSE OF REPRESENTATIVES,
                                                ness and recreation in the State of Oregon,                    Washington, DC, August 5, 1996.
from Mississippi [Mr. MONTGOMERY]                                                                 Hon. NEWT GINGRICH,
come forward and lead the House in the          and for other purposes;
                                                  S. 1735. An act to establish the United         The Speaker, House of Representatives, Wash-
Pledge of Allegiance.                                                                                 ington, DC.
                                                States Tourism Organization as a non-
  Mr. MONTGOMERY led the Pledge of              governmental entity for the purpose of pro-         DEAR MR. SPEAKER: Pursuant to the per-
Allegiance as follows:                          moting tourism in the United States.              mission granted in Clause 5 of Rule III of the
  I pledge allegiance to t he Flag of the         S. 1834. An act to reauthorize the Indian       Rules of the U.S. House of Representatives,
United States of America, and to the            Environmental General Assistance Program          the Clerk received the following messages
Republic for which it stands, one nation        Act of 1992, and for other purposes;              from the Secretary of the Senate on Monday,
under God, indivisible, with liberty and jus-     S. 1873. An act to amend the National Envi-     August 5, 1996 at 2:35 p.m.: that the Senate
tice for all.                                   ronmental Education Act to extend the pro-        agreed to conference report S. 1316, that the
                                                grams under the Act, and for other purposes;      Senate passed without amendment H.R. 1975,
                                                  S. 1931. An act to provide that the United      that the Senate agreed to conference report
   MESSAGE FROM THE SENATE                      States Post Office and Courthouse building        H.R. 3103, that the Senate passed without
                                                located at 9 East Broad Street, Cookeville,       amendment H.R. 3139, that the Senate agreed
  A message from the Senate by Ms.              Tennessee, shall be known and designated as       to conference report H.R. 3448, that the Sen-
McDevitt, one of its clerks, announced          the ‘‘L. Clure Morton United States Post Of-      ate passed without amendment H.R. 3680,
that the Senate had passed with                 fice and Courthouse’’;                            that the Senate passed without amendment

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

                                                                                                                              H9927
H9928                                   CONGRESSIONAL RECORD — HOUSE                                                September 4, 1996
H.R. 3834, that the Senate passed without       H.R. 3870, to authorize the Agency for          of the House that I have been served with a
amendment H.R. 3870, that the Senate passed   International Development to offer                subpoena issued by Superior Court of
without amendment H. Con. Res. 208.           voluntary separation incentive pay-               Muscogee County, Georgia.
     With warm regards,                                                                           After consultation with the General Coun-
                                              ments to employees of that agency.                sel, I will make determinations required by
                      ROBIN H. CARLE,
                                    Clerk.
                                                And the Speaker signed the following            Rule L.
                                              enrolled bill on Thursday, August 15,                    Sincerely,
                                              1996:                                                                      MAC COLLINS,
ANNOUNCEMENT BY THE SPEAKER                     H.R. 3734, to provide for reconcili-                                   Member of Congress.
  The SPEAKER. The Chair desires to           ation pursuant to section 201(a)(1) of
announce that pursuant to clause 4 of         the concurrent resolution on the budg-
                                              et for fiscal year 1997.                          COMMUNICATION FROM THE HON-
Rule I, the Speaker signed the follow-                                                            ORABLE TODD TIAHRT, MEMBER
ing enrolled bills on Friday, August 2,                                                           OF CONGRESS
1996:                                            COMMUNICATIONS FROM THE
  H.R. 782, to amend title 18 of the                                                              The SPEAKER pro tempore laid be-
                                               CHIEF ADMINISTRATIVE OFFICER
United States Code to allow members                                                             fore the House the following commu-
of employee associations to represent           The SPEAKER pro tempore (Mr.                    nication from the Honorable TODD
their views before the United States          WICKER) laid before the House the fol-            TIAHRT, Member of Congress:
Government;                                   lowing communication from the Chief                  CONGRESS OF THE UNITED STATES,
  S. 1316, to reauthorize and amend           Administrative Officer of the House of                       HOUSE OF REPRESENTATIVES,
title XIV of the Public Health Service        Representatives:                                            Washington, DC, September 4, 1996.
Act (commonly known as the Safe                    CHIEF ADMINISTRATIVE OFFICER,                Hon. NEWT GINGRICH,
                                                      U.S. HOUSE OF REPRESENTATIVES,            Speaker, House of Representatives, Washington,
Drinking Water Act), and for other                                                                  DC.
                                                           Washington, DC, August 22, 1996.
purposes.                                     Hon. NEWT GINGRICH,                                 DEAR MR. SPEAKER: This is to formally no-
  And Speaker pro tempore WOLF                Speaker of the House, House of Representatives,   tify you pursuant to Rule L (50) of the Rules
signed the following enrolled bills on            Washington, DC.                               of the House that I have been served with a
Tuesday, August 6, 1996:                        DEAR MR. SPEAKER: This is to formally no-       subpoena issued by the District Court of the
  H.R. 1975, to improve the manage-           tify you pursuant to Rule L (50) of the Rules     Eighteenth Judicial District for Sedgwick
ment of royalties from Federal and            of the House that I have been served with a       County, Kansas.
outer continental shelf oil and gas           subpoena issued by the United States Dis-           I am consulting with the General Counsel
                                              trict Court for the Northern District of Illi-    to determine whether compliance with the
leases, and for other purposes;
                                              nois.                                             subpoena is consistent with the privileges
  H.R. 2739, to provide for a representa-       After consultation with the General Coun-       and precedents of the House.
tional allowance for Members of the           sel, I have determined that compliance with             Sincerely,
House of Representatives, to make             the subpoena is consistent with the privi-                                  TODD TIAHRT,
technical and conforming changes to           leges and precedents of the House.                                          U.S. Congressman.
sundry provisions of law in con-                     Sincerely,
sequence of administrative reforms in                               SCOT W. FAULKNER,
the House of Representatives, and for                           Chief Administrative Officer.            THE WAR ON DRUGS
other purposes;                                                                                   (Mr. BALLENGER asked and was
  H.R. 3103, to amend the Internal Rev-       COMMUNICATION FROM THE HON-                       given permission to address the House
enue Code of 1986 to improve port-              ORABLE PETER DEUTSCH, MEM-                      for 1 minute.)
ability and continuity of health insur-         BER OF CONGRESS                                   Mr. BALLENGER. Mr. Speaker,
ance coverage in the group and individ-                                                         there is only one way to wage an effec-
ual markets, to combat waste, fraud,            The SPEAKER pro tempore laid be-                tive campaign against drugs and that
and abuse in health insurance and             fore the House the following commu-               is to remain forever vigilant.
health care delivery, to promote the          nication from the Honorable PETER                   With that said, it is no wonder over-
use of medical saving accounts, to im-        DEUTSCH, Member of Congress:                      all drug use by 12- to 17-year-olds is up
prove access to long-term care services          CONGRESS OF THE UNITED STATES,                 78 percent when we have an adminis-
and coverage, to simplify the adminis-                U.S. HOUSE OF REPRESENTATIVES,            tration asleep at the wheel.
                                                           Washington, DC, August 22, 1996.
tration of health insurance, and for          Hon. NEWT GINGRICH,
                                                                                                  The Clinton White House dozed off
other purposes;                               Speaker, House of Representatives, Washington,    early and often in their new adminis-
  H.R. 3139, to redesignate the United            DC.                                           tration when they slashed the Office of
States Post Office building located at          DEAR MR. SPEAKER: This is to formally no-       National Drug Policy by 80 percent and
245 Centereach Mall on Middle County          tify you pursuant to Rule L (50) of the Rules     cut interdiction by 25 percent.
Road in Centereach, New York, as the          of the House that a member of my staff has          They continued to snooze until they
‘‘Rosey Caracappa United States Post          been served with a subpoena issued by the         were rudely awakened by a Republican
Office Building’’;                            Circuit Court for the Seventeenth Judicial
                                                                                                Congress which took it upon them-
                                              Circuit for Broward County, Florida.
  H.R. 3448, to provide tax relief for          After consultation with the General Coun-       selves to restore funding for drug inter-
small business, to project jobs, to cre-      sel, I have determined that compliance with       diction.
ate opportunities, to increase the take       the subpoena is consistent with the privi-          And then, the Clinton White House
home pay for workers, to amend the            leges and precedents of the House.                fell back into slumber again only to be
Portal-to-Portal Act of 1947 relating to             Sincerely,                                 roused by a Presidential campaign.
the payment of wages to employees                                     PETER DEUTSCH,              Mr. Speaker, the Clinton White
who use employer owned vehicles, and                                   Member of Congress.      House needs to turn off their political
to amend the Fair Labor Standards Act                                                           alarm system when it comes to drugs
of 1938 to increase the minimum wage          COMMUNICATION FROM THE HON-                       and remain forever attentive to the on-
rate and to prevent job loss by provid-         ORABLE MAC COLLINS, MEMBER                      going war.
ing flexibility to employers in comply-         OF CONGRESS
ing with minimum wage and overtime
                                                The SPEAKER pro tempore laid be-                     THE REPUBLICAN AGENDA
requirements under that act;
  H.R. 3680, to amend title 18, United        fore the House the following commu-                 (Mr. PALLONE asked and was given
States Code, to carry out the inter-          nication from the Honorable MAC COL-              permission to address the House for 1
                                              LINS, Member of Congress:
national obligations of the United                                                              minute.)
States under the Geneva conventions                  U.S. HOUSE OF REPRESENTATIVES,               Mr. PALLONE. Mr. Speaker, I spent
                                                                           August 27, 1996.     most of the month of August during
to provide criminal penalties for cer-
                                              Hon. NEWT GINGRICH,
tain war crimes;                              Speaker of the House, House of Representatives,
                                                                                                our district work period at forums and
  H.R. 3834, to redesignate the Dunning           Washington, DC.                               town meetings throughout my district.
Post Office in Chicago, Illinois, as the        DEAR MR. SPEAKER: This is to formally no-         I have to tell you, overwhelmingly
‘‘Roger P. McAuliffe Post Office.’’; and      tify you pursuant to Rule L (50) of the Rules     the public that I represent was opposed
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                        H9929
to the Gingrich Republican agenda           has again manifested itself in these            FIGHT ILLEGAL DRUGS, NOT
that seeks to cut back on Medicare and      latest developments. Over the concerns               TOBACCO FARMERS
Medicaid, that seeks to cut back on         of Allies and despite problems with fly       (Mr. FUNDERBURK asked and was
student loan programs and education         over rights, America alone can project      given permission to address the House
programs, and that also tries to roll       power throughout the world in the           for 1 minute and to revise and extend
back the environmental agenda and the       name of peace and security.                 his remarks.)
environmental protection that we have         As demonstrated by the use of the B–
                                                                                          Mr. FUNDERBURK. Mr. Speaker,
fought so hard for over the last 25 years   52’s, Guam remains a crucial and proud
                                                                                        Bill Clinton’s assault on tobacco has
here in the Congress.                       part of America’s projection of power
                                                                                        upset farmers all across my district in
  What my constituents were telling         around the world. Guam did its part,
                                                                                        eastern North Carolina. Clinton’s pro-
me is that they feel there needs to be      there were no concerns about fly over
                                                                                        posal by definition has made every to-
more student loan programs and pro-         rights, and the bases on Guam per-
                                                                                        bacco grower, warehouseman and
grams that allow students to finance        formed their role.
                                              Mr. Speaker, let’s remember Guam in       wholesaler a drug dealer and every
their education at college or graduate                                                  smoker a drug user. One tobacco farm-
school. The same thing about Medi-          more settled times as the people of
                                            Guam recover from Brac decision to          er asked me to deliver a message to the
care; the senior citizens feel that Medi-                                               politically correct in Washington, DC.
care should be expanded so that it cov-     close bases and as the people of Guam
                                            attempt to recover land that the mili-      He said,
ers prescription drugs, so that it covers
                                            tary no longer desires. Even though we        Tell the President that I am not a drug
home health care. And with regard to                                                    dealer, nor is anyone else in the tobacco
environmental programs, they would          can always count on Guam, we should
                                                                                        community. In fact, there are probably fewer
like to see more cleanup of Superfund       never take Guam for granted.
                                                                                        drug users among all tobacco growers than
sites and better protection and better                                                  there are on the White House staff.
enforcement of our environmental                     SITUATION IN IRAQ                    Another tobacco farmer asked me to
laws.                                         (Mr. GEKAS asked and was given            urge Clinton to wage war on illegal
  One thing is absolutely clear, that is    permission to address the House for 1       drugs, not tobacco farmers. I traveled
that the Gingrich Republican agenda         minute and to revise and extend his re-     across my district visiting several to-
has really created a mess and the last      marks.)                                     bacco farms and auction warehouses,
2 years have been a failure.                  Mr. GEKAS. Mr. Speaker, most of           where hard-working farmers believe
                                            the Members of the Congress have in         Clinton decided to deflect criticism of
     ENGLISH AS OUR OFFICIAL                one way or another asserted their sup-      the staggering increases in illegal teen-
              LANGUAGE                      port of the President of the United         age drug use by attacking tobacco. Mr.
                                            States in the actions that he has taken     Speaker, the farmers of North Carolina
  (Mr. ROTH asked and was given per-                                                    are angry. Washington is treating them
                                            in Iraq, and we will continue to do so.
mission to address the House for 1                                                      like criminals. They are taxpaying,
                                            But there is a time now for the White
minute.)                                                                                law-abiding citizens who believe the
                                            House to articulate the policy and the
  Mr. ROTH. Mr. Speaker, on August 1
                                            goals and the targets of this attack        President should keep the FDA off the
we in this House took a historic step
                                            with missiles on Iraq.                      farm and out of NASCAR racing.
by passing English as our official lan-       We should not be subjected now, as
guage by a vote of 259 to 101. I thank      Members of Congress, to a bulletin of
all of my colleagues in the House of        the missile of the day, 20-some the first                        1215
Representatives for joining me in get-      time, 17 the next time and another one,              GINGRICH CONGRESS
ting this bill passed. Those of us who      most recently. This missile of the day
are committed to keeping this country                                                     (Ms. DELAURO asked and was given
                                            does not constitute a policy for long-      permission to address the House for 1
as one Nation, one people—the ‘‘Unit-       term solution of the wide-ranging prob-
ed’’ States of America realize that to                                                  minute and to revise and extend her re-
                                            lems of the Middle East. We urge the        marks.)
do this we need one common language.        President to continue to earn the sup-
  Now to complete this task we must                                                       Ms. DELAURO. Mr. Speaker, today
                                            port of the Congress, to articulate a       we begin the final push of the 104th
spur the Senate into action. That’s
                                            policy that we can all see and feel and     congressional session, and to welcome
why I’m asking the Members of this
                                            hear so that we can continue to sup-        the Republican leadership back, we
body to contact their Senators and re-
                                            port efforts against Saddam Hussein.        have a new CNN/USA Today/Gallup poll
quest that they take up this bill, pass
it, and send it on to the President for                                                 that shows that voters prefer the
his signature.                                  THE TRUTH ABOUT AMERICAN                Democrats in Congress over Repub-
  Then we will have completed a task                       WORKERS                      licans by a 10-point margin. The reason
we started years ago. It will dem-             (Mr. TRAFICANT asked and was             for the American people rejecting the
onstrate that while success does not al-    given permission to address the House       Gingrich Republican revolution and
ways come with rushing speed, success       for 1 minute and to revise and extend       turning toward the Democrats’ fami-
does come with persistence.                 his remarks.)                               lies first agenda is that the Republican
  English must become our official lan-        Mr. TRAFICANT. Mr. Speaker, the          leadership have their priorities back-
guage; but that will only happen if we      speeches are over. Rosy scenario and        ward.
make it happen.                             glad tidings are now behind us; a re-         The American people do not support
                                            ality check is in order.                    Republican efforts to cut Medicare, and
                                               Over 1 million American families         the people do not support Republican
     LET US REMEMBER GUAM                                                               efforts to cut student loans, and the
                                            filed bankruptcy last year. A record
  (Mr. UNDERWOOD asked and was              number of Americans went belly up.          American people do not support efforts
given permission to address the House       How is that for family values to both       to roll back environmental protections.
for 1 minute and to revise and extend       the Democrat and Republican Parties?        And mostly, the American people do
his remarks.)                                  Think about it. While politicians say    not support a Congress that puts their
  Mr. UNDERWOOD. Mr. Speaker,               fat city, bankers say foreclose. While      needs far below the desires of the most
American leadership in the world and        politicians say super, bankers say sue.     wealthy in our society.
in particular, the measured and timely         Beam me up, Mr. Speaker. The truth         Democrats are committed to fighting
response of President Clinton to Sad-       is, while lawyers, bankers and CEO’s        for working families; that is why they
dam Hussein’s jabs into Northern Iraq       are doing the macarena all over Amer-       developed the families first agenda. It
should be recognized and supported by       ica, American families are going belly      includes legislative proposals that
all Americans.                              up in record numbers, doing the same        would put Congress on the right track
  America’s      leadership  in    the      old shuffle trying to make ends meet.       toward solving the problems that fami-
unleashing of the cruise missiles and          I yield back the balance of any pay      lies face in their everyday lives. The
her projection of power in the world        they are missing.                           Republican leadership should spend the
H9930                                      CONGRESSIONAL RECORD — HOUSE                                                    September 4, 1996
rest of this session working for families           (2) manufacturers will provide fees under        propriation Acts until expended without fis-
instead of against them.                          section 2(c) so that the program will operate      cal year limitation.
                                                  without cost to the Federal Government,              (B)    COLLECTIONS      AND    APPROPRIATION
                                                  the Secretary shall establish such program         ACTS.—The fees imposed under paragraph
   TIME TO JUST SAY NO AGAIN                      solely to help inform consumers whether a          (1)—
                                                  product is made in America or the equiva-            (i) shall be collected in each fiscal year in
  (Mr. CHRISTENSEN asked and was                                                                     an amount equal to the amount specified in
given permission to address the House             lent thereof. The Secretary shall publish the
                                                  toll-free number by notice in the Federal          appropriation Acts for such fiscal year, and
for 1 minute and to revise and extend             Register.                                            (ii) shall only be collected and available for
his remarks.)                                       (b) CONTRACT.—The Secretary of Com-              the costs described in paragraph (2).
  Mr. CHRISTENSEN. Mr. Speaker, we                merce shall enter into a contract for—             SEC. 3. PENALTY.
have a problem, a very serious problem              (1) the establishment and operation of the         Any manufacturer of a product who know-
that has cast a long, dark shadow over            toll free number pilot program provided for        ingly registers a product under section 2
our great land. The problem, Mr.                  in subsection (a), and                             which is not made in America or the equiva-
Speaker, is drugs. The United States                (2) the registration of products pursuant to     lent thereof—
                                                  regulations issued under section 2,                  (1) shall be subject to a civil penalty of not
has seen an 80-percent increase in the                                                               more than $7500 which the Secretary of Com-
use of illegal drugs in the last 4 years.         which shall be funded entirely from fees col-
                                                  lected under section 2(c).                         merce may assess and collect, and
  This is an unconscionable statistic, a                                                               (2) shall not offer such product for pur-
                                                    (c) USE.—The toll free number shall be
statistic that we can no longer afford                                                               chase by the Federal Government.
                                                  used solely to inform consumers as to wheth-
to ignore. Cocaine use up by 166 per-             er products are registered under section 2 as      SEC. 4. DEFINITION.
cent and marijuana use up by 141 per-             made in America or the equivalent thereof.           For purposes of this Act:
cent.                                             Consumers shall also be informed that reg-           (1) The term ‘‘made in America or the
  Last year 1 in 10 kids used drugs reg-          istration of a product does not mean—              equivalent thereof’’, with respect to a prod-
ularly. That is too many. Our children              (1) that the product is endorsed or ap-          uct, has the meaning given such term for
                                                  proved by the Government,                          purposes of laws administered by the Federal
are the real bridge to the 21st century,
                                                    (2) that the Secretary has conducted any         Trade Commission.
and they are being torn down by these                                                                  (2) The term ‘‘product’’ means a product
                                                  investigation to confirm that the product is
drugs. It must end if we intend to give                                                              with a retail value of at least $250.
                                                  a product which meets the definition of made
them a bright future.                             in America or the equivalent thereof, or           SEC. 5. RULE OF CONSTRUCTION.
  I knocked on 3,500 doors while I was              (3) that the product contains 100 percent          Nothing in this Act or in any regulation
back in Omaha during the August re-               United States content.                             promulgated under section 2 shall be con-
cess. I can’t tell you how many people            SEC. 2. REGISTRATION.                              strued to alter, amend, modify, or otherwise
in Nebraska said to me one thing: find              (a) PROPOSED REGULATION.—The Secretary           affect in any way, the Federal Trade Com-
a way to fight the drug war.                      of Commerce shall propose a regulation—            mission Act or the opinions, decisions, rules,
  This in not an east coast or a west               (1) to establish a procedure under which         or any guidance issued by the Federal Trade
                                                  the manufacturer of a product may volun-           Commission regarding the use of the term
coast problem, an urban or a rural
                                                  tarily register such product as complying          ‘‘made in America or the equivalent thereof’’
problem; it is a national problem.                                                                   in labels on products introduced, delivered
  We live in the greatest Nation in the           with the definition of a product made in
                                                  America or the equivalent thereof and have         for introduction, sold, advertised, or offered
world and can ill afford to let this                                                                 for sale in commerce.
                                                  such product included in the information
problem continue. It’s time we said               available through the toll free number estab-        The SPEAKER pro tempore. Pursu-
just said no again.                               lished under section 1(a);                         ant to the rule, the gentleman from
                                                    (2) to establish, assess, and collect a fee to   Ohio [Mr. OXLEY] and the gentleman
                                                  cover all the costs (including start-up costs)     from New York [Mr. MANTON] each will
ANNOUNCEMENT BY THE SPEAKER                       of registering products and including reg-
             PRO TEMPORE                          istered products in information provided
                                                                                                     control 20 minutes.
  The SPEAKER pro tempore (Mr.                    under the toll-free number;                          The Chair recognizes the gentleman
WICKER). Pursuant to the provisions of              (3) for the establishment under section 1(a)     from Ohio [Mr. OXLEY].
                                                  of the toll-free number pilot program; and           (Mr. OXLEY asked and was given
clause 6 of rule I, the Chair announces
                                                    (4) to solicit views from the private sector     permission to revise and extend his re-
that he will postpone further proceed-
                                                  concerning the level of interest of manufac-       marks.)
ings today on each motion to suspend              turers in registering products under the             Mr. OXLEY. Mr. Speaker, I yield my-
the rules on which a recorded vote or             terms and conditions of paragraph (1).             self such time as I may consume.
the yeas and nays are ordered or on                 (b) PROMULGATION.—If the Secretary deter-          Mr. Speaker, I am proud to support
which the vote is objected to under               mines based on the comments on the regula-
                                                  tion proposed under subsection (a) that the
                                                                                                     H.R. 447, a bill to establish a toll free
clause 4 of rule XV.
                                                  toll-free number pilot program and the reg-        number in the Department of Com-
  Such rollcall votes, if postponed, will
                                                  istration of products is warranted, the Sec-       merce to assist consumers in determin-
be taken after debate has concluded on
                                                  retary shall promulgate such regulations.          ing if products are American-made.
all motions to suspend the rules, but
                                                    (c) REGISTRATION FEE.—                           This bill, introduced by my colleague
not before 5 p.m. today.                            (1) IN GENERAL.—Manufacturers of products        from Ohio, Mr. TRAFICANT, was passed
                                                  included in information provided under sec-        unanimously by the House during the
                                                  tion 1 shall be subject to a fee imposed by
 TOLL FREE CONSUMER HOTLINE                                                                          103d Congress, but unfortunately was
                                                  the Secretary of Commerce to pay the cost
  Mr. OXLEY. Mr. Speaker, I move to               of registering products and including them         never passed by the Senate.
suspend the rules and pass the bill               in information provided under subsection (a).        The legislation reflects the biparti-
(H.R. 447) to establish a toll free num-            (2) AMOUNT.—The amount of fees imposed           san consensus reached in the 103d Con-
ber in the Department of Commerce to              under paragraph (1) shall—                         gress that a toll free number which
assist consumers in determining if                  (A) in the case of a manufacturer, not be        would provide consumers with informa-
                                                  greater than the cost of registering the man-      tion on products ‘‘made in America’’
products    are   American-made,      as          ufacturer’s product and providing product in-
amended.                                                                                             would be a significant benefit, but that
                                                  formation directly attributable to such man-
  The Clerk read as follows:                                                                         any such program should be funded by
                                                  ufacturer, and
                    H.R. 447                        (B) in the case of the total amount of fees,     manufacturers and not taxpayers.
  Be it enacted by the Senate and House of Rep-   not be greater than the total amount appro-        Thus, the bill directs the Secretary of
resentatives of the United States of America in   priated to the Secretary of Commerce for           Commerce to canvass industry to de-
Congress assembled,                               salaries and expenses directly attributable to     termine the level of interest in estab-
SECTION 1. ESTABLISHMENT OF TOLL FREE             registration of manufacturers and having           lishing this kind of toll free number. If
          NUMBER PILOT PROGRAM.                   products included in the information pro-          the Secretary determines that there is
  (a) ESTABLISHMENT.—If the Secretary of          vided under section 1(a).                          interest among manufacturers of do-
Commerce determines, on the basis of com-           (3) CREDITING AND AVAILABILITY OF FEES.—
                                                                                                     mestic products sufficient to provide
ments submitted in rulemaking under sec-            (A) IN GENERAL.—Fees collected for a fiscal
tion 2, that—                                     year pursuant to paragraph (1) shall be cred-      private sector funding, then the Sec-
  (1) interest among manufacturers is suffi-      ited to the appropriation account for salaries     retary is directed to contract out the
cient to warrant the establishment of a 3-        and expenses of the Secretary of Commerce          operation of the line to an organization
year toll free number pilot program, and          and shall be available in accordance with ap-      that would charge a fee for listing
September 4, 1996                       CONGRESSIONAL RECORD — HOUSE                                                            H9931
products as ‘‘made in America’’ and            who register their products for the         number and say: Hey, look, is there
providing this information to consum-          service.                                    still a refrigerator left that is made in
ers.                                             If the Secretary of Commerce finds        America; and, if so, what is the model
  This legislation protects the Amer-          that sufficient interest in the service     number?
ican taxpayer from the threat of an-           does exist, the bill directs the Depart-       My colleagues might be surprised
other program which drains the Treas-          ment to facilitate its creation by con-     that there is not a television, type-
ury with limited benefit to the tax-           tracting out implementation of the          writer, VCR, or telephone now that is
payers. If there is sufficient interest on     program. Finally, because the toll free     made in our country.
the part of manufacturers who would            service will provide information on            I am hoping that the Commerce De-
pay the operating costs, the program           products made in the United States,         partment is energized by this legisla-
goes forward; if not, then it doesn’t. Ei-     this legislation maintains consistency      tion and moves hard to assess not only
ther way, the taxpayer is no worse off         with the Federal Trade Commission by        the consumer information of the pub-
than before.                                   applying the Commission’s standard          lic, but my goal, which is to energize
  As some of my colleagues may be              for such designation.                       the American consumer to shop, to lit-
aware, the Federal Trade Commission              Mr. Speaker, I would like to com-         erally ask when they are shopping,
is the agency charged with enforcing           mend my colleague, Mr. TRAFFICANT,          what is made in America?
unfair or deceptive advertising of prod-       for developing this legislation. H.R. 447      So with that I want to thank again
ucts as ‘‘made in America.’’ About 1           appeals to Members on both sides of         the gentleman from Ohio [Mr. OXLEY];
year ago, the FTC began an effort to           the aisle because it proposes to pro-       I want to thank the gentleman from
reexamine its decades-old standard of          mote American-made products while           New York [Mr. MANTON]. I would hope
what constituted ‘‘made in America.’’          aiding American consumers. This is a        that we get the other body moving on
The Commission is currently awaiting           good piece of legislation, and as rank-     this legislation. I think it is some al-
a staff recommendation on what                 ing minority member on the Com-             ternative, and by God, if we cannot get
changes—if any—are necessary in the            merce, Trade, and Hazardous Materials       it done, maybe the American consumer
FTC’s ‘‘made in American’’ standard.           Subcommittee, I urge my colleagues in       will do something.
  When Mr. TRAFICANT appeared before           the House to support it.                       Mr. MANTON. Mr. Speaker, having
my subcommittee 2 months ago, he tes-            Mr. Speaker, I reserve the balance of     no more requests for time, I yield back
tified that he had no objection to en-         my time.                                    the balance of my time.
                                                 Mr. OXLEY. Mr. Speaker, I yield              Mr. TRAFICANT. Mr. Speaker, I want to
suring that the definition of ‘‘made in
                                               such time as he may consume to the          thank Chairman OXLEY and the ranking mem-
America’’ used in the bill reflected the
                                               gentleman from Ohio [Mr. TRAFICANT].        ber, Mr. MANTON.
extensive work that the Federal Trade            Mr. TRAFICANT. Mr. Speaker, I                As the author of H.R. 447, I am honored
Commission has completed on this sub-          want to start out by thanking the gen-      and pleased that the bill has—once again—
ject. The subcommittee later approved          tleman from Ohio [Mr. OXLEY], my col-       made it to the House floor. The bill establishes
an amendment to ensure that the defi-          league, who is not only one of the great    a toll-free, 1–800 number for consumers to get
nition of ‘‘made in America’’ used for         Members, but now a great chairman,          information on products made in America.
purposes of this toll free number is           for taking the time to consider this           H.R. 447 is identical to legislation approved
consistent with the definition used by         legislation, and also my classmate and      by the House in the last Congress. Unfortu-
the FTC, both now and in the future.           dear friend, the gentleman from New         nately, the other body never acted on the bill
This is part of an ongoing effort of the       York [Mr. MANTON] from Queens. And I        and it died at the end of the 103d Congress.
Commerce Committee to simplify defi-           say to the gentleman, ‘‘Archie Bunker,         H.R. 447 directs the Commerce Department
nitions and statutes within its jurisdic-      I think, was your constituent, and          to canvass American companies to gauge
tion, in order to better allow average         Woody Allen would even support this.        their interest in participating in a 1–800 Buy
citizens to understand the law.                So we go from the real extremes on          American Program. After determining that
  This legislation would establish an          both sides because I think it’s a good      there’s sufficient interest, the bill directs the
important service for consumers paid           piece of legislation.’’                     Department to contract out the program.
for by the manufacturers that it bene-           As my colleagues know, I do not              Under an amendment adopted by the Com-
fits. This is legislation which is simul-      think there is any secret to the fact       merce Committee, the bill would rely on the
taneously pro-consumer and pro-indus-          that I opposed NAFTA and GATT, and          Federal Trade Commission to define an Amer-
try. But most importantly, it is 100           I still believe that we have sent and       ican-made product based on a forthcoming
percent pro-American.                          shipped jobs overseas; they continue to     determination on standards for ‘‘Made in the
  Mr. Speaker, I am proud to be able to        go overseas. I do not know how many         USA’’ labels.
bring this legislation to the floor, and       read and follow up on trade statistics.        Only those products with a sale price of
I urge my colleagues to support it.            Japan is over $6 billion surplus; China     $250 or more would be included in the pro-
  Mr. Speaker, I reserve the balance of        is creeping in, now approaching $40 bil-    gram. The bill would subject any companies
my time.                                       lion surplus in trade with America. We      providing false information to Federal pen-
  Mr. MANTON. Mr. Speaker, I yield             had a $2 billion surplus with Mexico        alties.
myself such time as I may consume.             several short years ago. It is projected       One of the key components of H.R. 447 is
  Mr. Speaker, I rise today in support         to be a $20 billion deficit this year.      that the program would be self-financed
of H.R. 447, a bill to establish a toll free   Canada is approaching $16 billion trade     through the imposition of a modest annual
information service to assist consum-          surplus with America.                       registration fee on participating companies.
ers in identifying American-made prod-           So look, just beam me up. I do not           The bill will not require the Commerce De-
ucts. With the very worthy goal of in-         know who is calling all these shots,        partment to hire more people or create a new
creasing the availability of informa-          and everybody has all these rosy pic-       unit. The program will be contracted out and
tion regarding American-made prod-             tures. I am an old quarterback who          run by a private company.
ucts on the market, this bill has real         looks at the scoreboard, and I think we        When making a big purchase, most Ameri-
potential to aid the public in making          are losing. We have done nothing.           cans want to buy American. The bill will help
purchases that most directly support             This is a very common sense message       them make an informed and patriotic decision.
the American economy.                          that basically says maybe the Amer-            H.R. 447 makes good, common sense. I
  H.R. 447 is a good bill that every           ican people can get energized by be-        urge my colleagues to support it.
Member can support. It simply requires         coming aware and realizing the impor-                       GENERAL LEAVE
the Commerce Department to assess              tance of buying products made by              Mr. OXLEY. Mr. Speaker, I ask unan-
private sector interest in a toll free         American workers who get an Amer-           imous consent that all Members may
service that consumers could use to de-        ican paycheck who pay American taxes        have 5 legislative days within which to
termine which products on the market           who keep this American train coming         revise and extend their remarks on
are made in America. This assessment           down the track. H.R. 447 does that.         H.R. 447.
is important because the program, if           What it says:                                 The SPEAKER pro tempore. Is there
established, will be fully funded by             If a family in Chicago is going to buy    objection to the request of the gen-
modest fees imposed on manufacturers           a refrigerator, they can call that 1-800    tleman from Ohio?
H9932                                        CONGRESSIONAL RECORD — HOUSE                                         September 4, 1996
  There was no objection.                           the Federal Trade Commission discuss-       predecessor, Janet Steiger, the FTC
  Mr. OXLEY. Mr. Speaker, I yield                   ing their performance over the past few     has done consistently good work while
back the balance of my time.                        years and their plans for the future. I     striving for continuous improvement in
  The SPEAKER pro tempore. The                      am pleased to say that under the lead-      its operations.
question is on the motion offered by                ership of FTC Chairman Pitofsky, and          H.R. 3553 furthers the commitment to
the gentleman from Ohio [Mr. OXLEY]                 former Chairwoman Steiger, this agen-       the FTC that was demonstrated during
that the House suspend the rules and                cy has come a long way toward reha-         the 103d Congress with the passage of
pass the bill, H.R. 447, as amended.                bilitating its tarnished image and I feel   the Federal Trade Commission Amend-
  The question was taken; and the                   justified in coming to its defense. The     ments of 1994 and the Telemarketing
Speaker pro tempore announced that                  agency today is one which is con-           and Consumer Fraud and Abuse Pre-
the ayes appeared to have it.                       stantly reviewing old orders, rules, and    vention Act. After a lapse in authoriza-
  Mr. OXLEY. Mr. Speaker, I object to               guidance in an effort to eliminate con-     tion of 14 years, these bills reestab-
the vote on the ground that a quorum                fusing and outdated regulations. The        lished the important congressional role
is not present and make the point of                agency is about half the size it was        in addressing the responsibilities and
order that a quorum is not present.                 during the late 1970’s, but now is effec-   authority of the FTC. The process of
  The SPEAKER pro tempore. Pursu-                   tively reviewing an unprecedented           reauthorizing the FTC through this bill
ant to clause 5 of rule I and the Chair’s           number of mergers. In short, this agen-     before us, afforded another opportunity
prior announcement, further proceed-                cy is doing more with less, and doing it    to take a close look at the Commis-
ings on this motion will be postponed.              smarter.                                    sion’s activities and evaluate its recent
  The point of no quorum is considered                 Further, the agency has continued to     performance.
as withdrawn.                                       protect consumers from the fraudulent         Over the past few years, the FTC has
                                                    activities of criminals who masquerade      had significant success through en-
                                                    as legitimate businessmen. For in-          forcement activities directed particu-
   FEDERAL TRADE COMMISSION                         stance, the FTC, working with other         larly at telemarketing and credit
  REAUTHORIZATION ACT OF 1996                       Federal, State and local law enforce-       fraud. In the area of telemarketing
  Mr. OXLEY. Mr. Speaker, I move to                 ment officials, has spearheaded the ef-     fraud alone, the FTC has brought over
suspend the rules and pass the bill                 fort to eliminate telemarketing fraud       100 enforcement actions against fraud-
(H.R. 3553) to amend the Federal Trade              that the House began when it passed         ulent business operations since the be-
Commission Act to authorize appro-                  the Telemarketing Fraud Act in the          ginning of the year, potentially saving
priations for the Federal Trade Com-                103d Congress. The agency has played        consumers many millions of dollars.
mission.                                            an instrumental role in a number of           Also noteworthy, in these times of
  The Clerk read as follows:                        sweeps conducted by law enforcement         fewer available dollars for Federal ac-
                                                    officials, including the recent ‘‘Oper-     tivities, the Commission has bolstered
                    H.R. 3553
                                                    ation Senior Sentinel’’ sweep which         its enforcement resources by teaming
  Be it enacted by the Senate and House of Rep-                                                 with State and other Federal agencies
resentatives of the United States of America in     shut down a number of fraudulent tele-
Congress assembled,                                 marketing operations aimed at our           in pursuit of its mission. And finally,
SECTION 1. SHORT TITLE.                             senior citizens and resulted in numer-      the Commission’s efforts to streamline
  This Act may be cited as the ‘‘Federal            ous arrests across the county.              its operations through internal review
Trade Commission Reauthorization Act of                This agency should serve as a model      of its own rules, orders, and adminis-
1996’’.                                             to other Federal regulatory agencies in     trative guidance with the goal of elimi-
SEC. 2. REAUTHORIZATION.                            terms of how to accomplish their fun-       nating obsolete measures and improved
  Section 25 of the Federal Trade Commis-           damental missions in an era of dwin-        efficiency has been substantial and
sion Act (15 U.S.C. 57c) is amended by strik-       dling resources. I urge my colleagues       should be commended.
ing ‘‘and not to exceed’’ and inserting ‘‘not       to support this agency by casting a           Mr. Speaker, H.R. 3553 is a clean re-
to exceed’’ and by inserting before the period      ‘‘yes’’ vote for this simple, straight-     authorization bill that provides suffi-
the following: ‘‘; not to exceed $107,000,000 for   forward legislation.                        cient funding to ensure that the FTC
fiscal year 1997; and not to exceed $111,000,000                                                has the resources it needs to fulfill its
for fiscal year 1998’’.                                                1230
                                                                                                mission. I want to thank Chairman
  The SPEAKER pro tempore. Pursu-                     Mr. Speaker, I reserve the balance of     OXLEY for his efforts in bringing this
ant to the rule, the gentleman from                 my time.                                    bill to the House floor today and I urge
Ohio [Mr. OXLEY] and the gentleman                    Mr. MANTON. Mr. Speaker, I yield          my colleagues to support the legisla-
from New York [Mr. MANTON] each will                myself such time as I may consume.          tion.
control 20 minutes.                                   Mr. Speaker, I rise in strong support       Mr. Speaker, I reserve the balance of
  The Chair recognizes the gentleman                of H.R. 3553, the Federal Trade Com-        my time.
from Ohio [Mr. OXLEY].                              mission Reauthorization Act of 1996. I        Mr. OXLEY. Mr. Speaker, I yield
  (Mr. OXLEY asked and was given                    was pleased to join the chairman of the     such time as he may consume to the
permission to revise and extend his re-             Commerce, Trade, and Hazardous Ma-          gentleman from Louisiana [Mr. TAU-
marks.)                                             terials Subcommittee, Mr. OXLEY, in         ZIN].
  Mr. OXLEY. Mr. Speaker, I yield my-               introducing this legislation and I am         Mr. TAUZIN. Mr. Speaker, I rise in
self such time as I may consume.                    equally pleased to participate in its       support of the bill, and congratulate
  Mr. Speaker, H.R. 3553, the Federal               passage today on the floor. This is         the chairman of the subcommittee for
Trade Commission Act of 1996, is a                  good, bipartisan legislation that au-       an excellent bill, and the ranking mi-
straight 2-year reauthorization of the              thorizes funding for the FTC through        nority member for the cooperation
agency. This legislation, cosponsored               fiscal year 1998.                           that has brought this forward.
by my distinguished subcommittee                      As one of the country’s oldest inde-        Mr. Speaker, I rise mainly to express
ranking member, Mr. MANTON, author-                 pendent agencies, the FTC fulfills an       some concern regarding activities that
izes appropriations of $107 million in              extremely important mission for the         the FTC is now engaged in reviewing
fiscal year 1997 and $111 million in fis-           American people by protecting con-          and approving the Time Warner-Turner
cal year 1998 for the operations of the             sumers from unfair or deceptive adver-      broadcast merger proposal. The con-
Federal Trade Commission. These                     tising and marketing practices, while       cern is one that is shared by quite a
amounts reflect a current services                  also protecting business and industry       number of people, particularly those
budget for the agency and include no                from unfair methods of competition.         living in rural areas serviced by small
funding for an expansion of activities              The Commission has responsibilities         cable companies. The concern has to do
or personnel.                                       under approximately 30 separate laws,       with the question of whether or not
  Mr. Speaker, I have often taken to                in addition to numerous trade regula-       those consumers living in areas, par-
this floor to defend the modern FTC.                tions and rules governing specific in-      ticularly rural areas serviced by small
Shortly before the recess, my sub-                  dustries and practices. Under the lead-     cable companies, will have access to
committee spent several hours with                  ership of Chairman Pitofsky, and his        programming that this Congress has so
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                                    H9933
often stated should be available to all        With those concerns expressed, I hope             streamlining and improving regulation. The
Americans.                                  we will continue this dialog. I thank                FTC’s efforts contrast sharply with the ill-ad-
  The concern is that with this merger,     the chairman of the subcommittee for                 vised, blunderbuss approach taken in several
indeed, will Time Warner-Turner make        the time to express those concerns, and              legislative initiatives Republicans have pur-
available under the program access          hope that in fact the FTC will listen                sued during this Congress.
guidelines that this Congress has spo-      and continue to talk to us about them.                  The agency also is doing more with less. Al-
ken to in several acts now, the cable          Mr. MANTON. Mr. Speaker, I have no                though it has roughly half the staff it had in
bill of 1992, and the most recent tele-     further requests for time, and I yield               1980, it continues to perform its core statutory
communications bill of 1996, will in        back the balance of my time.                         duties effectively. But, as former Chairman
fact those programs be made available          Mr. OXLEY. Mr. Speaker, I yield my-               Janet Steiger said in her testimony before the
to small cable companies in those rural     self such time as I may consume.                     subcommittee,
areas.                                         Mr. Speaker, I want to commend my                   Any further significant decline in the
  The concern is one that has been ex-      friend, the gentleman from Louisiana,                FTC’s staffing imperils the performance of
pressed in a letter to Chairman             for his hard work on the program ac-                 its main mission.
Pitofsky authorized by the SCBA, the        cess issue. As many know, that was a                   The modest funding levels in the Oxley-
organization representing those small       very hotly debated issue back in 1992                Manton bill are well justified when considering
cable companies. It is expressed in a       during the cable reregulation legisla-               the revenues returned to the Treasury from
letter to the chairman issued by the        tion, and one of the provisions that                 FTC merger fees and enforcement actions
Small Business Administration, dated        made the most sense in an otherwise                  and the benefits the agency produces for con-
August 14, 1996, in which the Small         rather flawed bill. Clearly, that issue is           sumers and the economy.
Business Administration points out the      incredibly important to our rural con-                 I am pleased that the Commerce Committee
fact that Time Warner’s Prime Star,         stituents as well. I commend him for                 chose to authorize the FTC on a bipartisan
the direct broadcast satellite television   his consistent work on this for a num-               basis and to ignore hastily drafted provisions
system, will be in direct competition       ber of years.                                        in the House budget resolution that rec-
with those small cable companies in            Mr. DINGELL. Mr. Speaker, I commend               ommended the elimination of the agency. I
rural areas, and the SBA has raised the     Chairman OXLEY and his staff for working in          also note that an identical authorization bill
question of whether or not this new         an open, bipartisan manner on this legislation.      has been reported by our sister committee
combination will in fact act in a way       I also want to commend our ranking member            and is pending in the other body.
that is in fact anticompetitive and will    on the subcommittee, Mr. MANTON, for his               I commend Chairman OXLEY and Mr. MAN-
not make programming available to           leadership on this and many other important          TON. Their bipartisan leadership during the last
those small cable companies that face       legislative issues.                                  Congress was critical to enactment of the first
competition from Prime Star, which is,         The Federal Trade Commission is one of            FTC authorization bill in more than a decade.
indeed, owned by this new proposed          our most important independent agencies. Its         The bill before us builds on that progress. I
merger.                                     core statutory duties are twofold: To prevent        urge all Members to support this legislation.
  The concern has also been expressed
                                            antitrust violations and to protect consumers                       GENERAL LEAVE
on the Senate side in a letter that Sen-
                                            from deceptive and unfair commercial prac-             Mr. OXLEY. Mr. Speaker, I ask unan-
ator EXON sent to the chairman in
                                            tices. Its mission is vital to protecting the pub-   imous consent that all Members may
which he pointed out that the success
                                            lic interest.                                        have 5 legislative days within which to
of competition in video services de-
                                               During the 103d Congress, our committee           revise and extend their remarks on
pends upon program access, that if any
                                            worked in a bipartisan fashion to enact two im-      H.R. 3553.
system, be it a small cable company or
                                            portant laws involving the FTC. First, we en-          The SPEAKER pro tempore. Is there
a satellite company, cannot get the
                                            acted a compromise bill that broke the 14-           objection to the request of the gen-
program, that consumers are denied
                                            year-old stalemate on FTC authorizing legisla-       tleman from Ohio?
competitive choices.
                                            tion. The bill provided a reasonable statutory         There was no objection.
  We have fought this battle on the
                                            framework, based on previous Commission                Mr. OXLEY. Mr. Speaker, I have no
floor of the House in 1992 and success-
                                            policy statements, for determining whether           further requests for time, and I yield
fully restated, over a Presidential veto,
                                            acts or practices are unfair. The bill also          back the balance of my time.
the intention that program access is                                                               The SPEAKER pro tempore (Mr.
the foundation of competition in this       beefed up the Commission’s enforcement au-
                                            thorities in several important respects. Since       WICKER). The question is on the motion
area. We again expressed it in the 1996                                                          offered by the gentleman from Ohio
Telecommunications Act, where pro-          enactment of this landmark legislation, the
                                            Commission has been able to choose among             [Mr. OXLEY] that the House suspend
gram access is the foundation to com-                                                            the rules and pass the bill, H.R. 3553.
petition and to consumer choice.            a broad spectrum of enforcement options
                                            against those who violate the FTC Act or               The question was taken; and (two-
  I simply wanted to raise that concern                                                          thirds having voted in favor thereof)
here today with the FTC, and to hope-       Commission rules.
                                               Second, the 103d Congress enacted a tele-         the rules were suspended and the bill
fully continue dialoguing on this topic.
                                            marketing bill that provides new tools for the       was passed.
When consumers have choice, when                                                                   A motion to reconsider was laid on
they have program access, to choose         FTC and State law enforcement agencies to
                                            crack down on those who use a telephone to           the table.
from two different suppliers, prices,
services, competition, all of those         cheat, swindle, and defraud consumers. The
things work to the benefit of the mar-      FTC, working closely with State attorneys gen-            PROPANE EDUCATION AND
ketplace. When consumers are denied         eral, consumer organizations, and other inter-              RESEARCH ACT OF 1996
choice because some providers cannot        ested parties, has successfully prosecuted             Mr. SCHAEFER. Mr. Speaker, I move
buy the programs, then competition          multiple telemarketing fraud cases since en-         to suspend the rules and pass the bill
does not work, consumers suffer from        actment of the 1993 legislation. The regula-         (H.R. 1514) to authorize and facilitate a
higher prices and less quality service.     tions promulgated by the Commission early            program to enhance safety, training,
  It is critical, and I hope the FTC pays   this year provide additional protection for con-     research and development, and safety
attention to this notion in approving       sumers in this important area.                       education in the propane gas industry
the Time Warner-Turner merger, that            The record clearly indicates the FTC is per-
                                                                                                 for the benefit of propane consumers
that program access be maintained so        forming its mission with improved efficiency
                                                                                                 and the public, and for other purposes,
consumers in rural areas serviced by        and effectiveness. Through efforts initiated
                                                                                                 as amended.
small cable companies will continue to      during Janet Steiger’s tenure as Chairman and          The Clerk read as follows:
have the same kind of choices that          continued under Chairman Pitofsky’s leader-
                                                                                                                     H.R. 1514
other Americans have to choose be-          ship, the FTC has embarked on a program of
                                                                                                   Be it enacted by the Senate and House of Rep-
tween a satellite distributor or a          responsible regulatory reform. It has repealed       resentatives of the United States of America in
landline cable company for the incred-      unnecessary regulations and updated other            Congress assembled,
ibly desirable cable programming that       regulations where appropriate. Those who ad-         SECTION 1. SHORT TITLE.
in now important to the American con-       vocate responsible regulatory reform would be          This Act may be cited as the ‘‘Propane Edu-
sumer’s menu.                               well advised to look at the FTC’s method of          cation and Research Act of 1996’’.
H9934                                          CONGRESSIONAL RECORD — HOUSE                                                       September 4, 1996
SEC. 2. FINDINGS.                                       (b) TERMINATION.—On the Council’s own ini-          trade association and others as appropriate to
   The Congress finds that—                           tiative, or on petition to the Council by produc-     provide efficient delivery of services and to
   (1) propane gas, or liquefied petroleum gas, is    ers and retail marketers representing 35 percent      avoid unnecessary duplication of activities.
an essential energy commodity providing heat,         of the volume of propane in each class, the              (g) USE OF FUNDS.—Not less than 5 percent of
hot water, cooking fuel, and motor fuel among         Council shall, at its own expense, hold a ref-        the funds collected through assessments pursu-
its many uses to millions of Americans;               erendum, to be conducted by an independent            ant to this Act shall be used for programs and
   (2) the use of propane is especially important     auditing firm selected by the Council, to deter-      projects intended to benefit the agriculture in-
to rural citizens and farmers, offering an effi-      mine whether the industry favors termination or       dustry in the United States. The Council shall
cient and economical source of gas energy;            suspension of the Council. Termination or sus-        coordinate its activities in this regard with agri-
   (3) propane has been recognized as a clean         pension shall not take effect unless it is ap-        culture industry trade associations and other
fuel and can contribute in many ways to reduc-        proved by persons representing more than one-         organizations representing the agriculture in-
ing the pollution in our cities and towns; and        half of the total volume of odorized propane in       dustry. The percentage of funds collected
   (4) propane is primarily domestically produced     the retail marketer class and more than one-half      through assessments pursuant to this Act to be
and its use provides energy security and jobs for     of the total volume of propane in the producer        used for projects relating to the use of propane
Americans.                                            class, or is approved by persons representing         as an over-the-road motor fuel shall not exceed
SEC. 3. DEFINITIONS.                                  more than two-thirds of the total volume of pro-      the percentage of the total market for odorized
   For the purposes of this Act—                      pane in either such class.                            propane that is used as a motor vehicle fuel,
   (1) the term ‘‘Council’’ means a Propane Edu-      SEC. 5. PROPANE EDUCATION AND RESEARCH                based on the historical average of such use over
cation and Research Council created pursuant                     COUNCIL.                                   the previous 3-year period.
to section 4 of this Act;                               (a) SELECTION OF MEMBERS.—The qualified                (h) PRIORITIES.—Issues related to research
   (2) the term ‘‘industry’’ means those persons      industry organizations shall select all retail        and development, safety, education, and train-
involved in the production, transportation, and       marketer, public, and producer members of the         ing shall be given priority by the Council in the
sale of propane, and in the manufacture and           Council. The producer organizations shall select      development of its programs and projects.
distribution of propane utilization equipment, in     the producer members of the Council, the retail          (i) ADMINISTRATION.—The Council shall select
the United States;                                    marketer organizations shall select retail mar-       from among its members a Chairman and other
   (3) the term ‘‘industry trade association’’        keter members, and all qualified industry orga-       officers as necessary, may establish committees
means an organization exempt from tax, under          nizations shall jointly select the public members.    and subcommittees of the Council, and shall
section 501(c) (3) or (6) of the Internal Revenue     Vacancies in unfinished terms of Council mem-         adopt rules and bylaws for the conduct of busi-
Code of 1986, representing the propane industry;      bers shall be filled in the same manner as were       ness and the implementation of this Act. The
   (4) the term ‘‘odorized propane’’ means pro-       the original appointments.                            Council shall establish procedures for the solici-
pane which has had odorant added to it;                  (b) REPRESENTATION.—In selecting members of        tation of industry comment and recommenda-
   (5) the term ‘‘producer’’ means the owner of       the Council, the qualified industry organiza-         tions on any significant plans, programs, and
propane at the time it is recovered at a gas proc-    tions shall give due regard to selecting a Council    projects to be funded by the Council. The Coun-
essing plant or refinery;                             that is representative of the industry, including     cil may establish advisory committees of persons
   (6) the term ‘‘propane’’ means a hydrocarbon       representation of—                                    other than Council members.
whose chemical composition is predominantly              (1) gas processors and oil refiners among pro-        (j) ADMINISTRATIVE EXPENSES.—(1) The ad-
C 3H8, whether recovered from natural gas or          ducers;                                               ministrative expenses of operating the Council
crude oil, and includes liquefied petroleum gases        (2) interstate and intrastate operators among      (not including costs incurred in the collection of
and mixtures thereof;                                 retail marketers;                                     the assessment pursuant to section 7) plus
                                                         (3) large and small companies among produc-        amounts paid under paragraph (2) shall not ex-
   (7) the term ‘‘public member’’ means a member
                                                      ers and retail marketers, including agricultural      ceed 10 percent of the funds collected in any fis-
of the Council, other than a representative of
                                                      cooperatives; and                                     cal year.
producers or retail marketers, representing sig-
                                                         (4) diverse geographic regions of the country.        (2) The Council shall annually reimburse the
nificant users of propane, public safety officials,      (c) MEMBERSHIP.—The Council shall consist of       Secretary for costs incurred by the Federal Gov-
academia, the propane research community, or          21 members, with 9 members representing retail        ernment relating to the Council, except that
other groups knowledgeable about propane;             marketers, 9 members representing producers,
   (8) the term ‘‘qualified industry organization’’                                                         such reimbursement for any fiscal year shall not
                                                      and 3 public members. Other than the public           exceed the amount that the Secretary determines
means the National Propane Gas Association,           members, Council members shall be full-time em-
the Gas Processors Association, a successor as-                                                             is the average annual salary of two employees
                                                      ployees or owners of businesses in the industry       of the Department of Energy.
sociation of such associations, or a group of re-     or representatives of agricultural cooperatives.         (k) BUDGET.—Before August 1 each year, the
tail marketers or producers who collectively rep-     No employee of a qualified industry organiza-         Council shall publish for public review and com-
resent at least 25 percent of the volume of pro-      tion or other industry trade association shall        ment a budget plan for the next calendar year,
pane sold or produced in the United States;           serve as a member of the Council, and no mem-         including the probable costs of all programs,
   (9) the term ‘‘retail marketer’’ means a person    ber of the Council may serve concurrently as an       projects, and contracts and a recommended rate
engaged primarily in the sale of odorized pro-        officer of the Board of Directors of a qualified      of assessment sufficient to cover such costs. Fol-
pane to the ultimate consumer or to retail pro-       industry organization or other industry trade         lowing this review and comment, the Council
pane dispensers;                                      association. Only one person at a time from any       shall submit the proposed budget to the Sec-
   (10) the term ‘‘retail propane dispenser’’         company or its affiliate may serve on the Coun-       retary and to the Congress. The Secretary may
means a person who sells odorized propane to          cil.                                                  recommend programs and activities the Sec-
the ultimate consumer but is not engaged pri-            (d) COMPENSATION.—Council members shall            retary considers appropriate.
marily in the business of such sales; and             receive no compensation for their services, nor          (l) RECORDS; AUDITS.—The Council shall keep
   (11) the term ‘‘Secretary’’ means the Secretary    shall Council members be reimbursed for ex-           minutes, books, and records that clearly reflect
of Energy.                                            penses relating to their service, except that pub-    all of the acts and transactions of the Council
SEC. 4. REFERENDA.                                    lic members, upon request, may be reimbursed          and make public such information. The books of
  (a) CREATION OF PROGRAM.—The qualified in-          for reasonable expenses directly related to their     the Council shall be audited by a certified public
dustry organizations may conduct, at their own        participation in Council meetings.                    accountant at least once each fiscal year and at
expense, a referendum among producers and re-            (e) TERMS.—Council members shall serve terms       such other times as the Council may designate.
tail marketers for the creation of a Propane          of 3 years and may serve not more than 2 full         Copies of such audit shall be provided to all
Education and Research Council. The Council,          consecutive terms. Members filling unexpired          members of the Council, all qualified industry
if established, shall reimburse the qualified in-     terms may serve not more than a total of 7 con-       organizations, and to other members of the in-
dustry organizations for the cost of the referen-     secutive years. Former members of the Council         dustry upon request. The Secretary shall receive
dum accounting and documentation. Such ref-           may be returned to the Council if they have not       notice of meetings and may require reports on
erendum shall be conducted by an independent          been members for a period of 2 years. Initial ap-     the activities of the Council, as well as reports
auditing firm agreed to by the qualified industry     pointments to the Council shall be for terms of       on compliance, violations, and complaints re-
organizations. Voting rights in such referendum       1, 2, and 3 years, staggered to provide for the se-   garding the implementation of this Act.
shall be based on the volume of propane pro-          lection of 7 members each year.                          (m) PUBLIC ACCESS TO COUNCIL PROCEED-
duced or odorized propane sold in the previous           (f) FUNCTIONS.—The Council shall develop           INGS.—(1) All meetings of the Council shall be
calendar year or other representative period.         programs and projects and enter into contracts        open to the public after at least 30 days advance
Upon approval of those persons representing           or agreements for implementing this Act, includ-      public notice.
two-thirds of the total volume of propane voted       ing programs to enhance consumer and em-                 (2) The minutes of all meetings of the Council
in the retail marketer class and two-thirds of all    ployee safety and training, to provide for re-        shall be made available to and readily accessible
propane voted in the producer class, the Council      search and development of clean and efficient         by the public.
shall be established, and shall be authorized to      propane utilization equipment, to inform and             (n) ANNUAL REPORT.—Each year the Council
levy an assessment on odorized propane in ac-         educate the public about safety and other issues      shall prepare and make publicly available a re-
cordance with section 6. All persons voting in        associated with the use of propane, and to pro-       port which includes an identification and de-
the referendum shall certify to the independent       vide for the payment of the costs thereof with        scription of all programs and projects under-
auditing firm the volume of propane represented       funds collected pursuant to this Act. The Coun-       taken by the Council during the previous year
by their vote.                                        cil shall coordinate its activities with industry     as well as those planned for the coming year.
September 4, 1996                             CONGRESSIONAL RECORD — HOUSE                                                                 H9935
Such report shall also detail the allocation or      thereafter, the Secretary of Commerce, using            (Mr. SCHAEFER asked and was given
planned allocation of Council resources for each     only data provided by the Energy Information          permission to revise and extend his re-
such program and project.                            Administration and other public sources, shall        marks.)
SEC. 6. ASSESSMENTS.                                 prepare and make available to the Council, the          Mr. SCHAEFER. Mr. Speaker, I yield
  (a) AMOUNT.—The Council shall set the initial      Secretary of Energy, and the public an analysis
                                                     of changes in the price of propane relative to
                                                                                                           myself such time as I may consume.
assessment at no greater than one tenth of 1                                                                 Mr. Speaker, I rise in support of H.R.
cent per gallon of odorized propane. Thereafter,     other energy sources. The propane price analy-
                                                     sis shall compare indexed changes in the price of     1514, the Propane Education and Re-
annual assessments shall be sufficient to cover
the costs of the plans and programs developed        consumer grade propane to a composite of in-          search Act of 1995. This bill, introduced
by the Council. The assessment shall not be          dexed changes in the price of residential elec-       by Mr. TAUZIN, allows the propane in-
greater than one-half cent per gallon of odor-       tricity, residential natural gas, and refiner price   dustry to establish a propane checkoff
ized propane, unless approved by a majority of       to end users of No. 2 fuel oil on an annual na-       fee to fund propane research, develop-
those voting in a referendum in both the pro-        tional average basis. For purposes of indexing        ment, education, and marketing activi-
ducer and the retail marketer class. In no case      changes in consumer grade propane, residential
                                                                                                           ties. H.R. 1514, has broad support from
may the assessment be raised by more than one        electricity, residential natural gas, and end user
                                                     No. 2 fuel oil prices, the Secretary of Commerce      the propane industry.
tenth of 1 cent per gallon of odorized propane                                                               Propane is an important fuel in our
annually.                                            shall use a 5-year rolling average price begin-
                                                     ning with the year 4 years prior to the establish-    national energy mix. It is used to dry
   (b) OWNERSHIP.—The owner of odorized pro-
pane at the time of odorization, or the time of      ment of the Council.                                  crops, heat homes, fuel vehicles, and as
import of odorized propane, shall make the as-         (b) AUTHORITY TO RESTRICT ACTIVITIES.—If            a feedstock for plastics and chemicals.
                                                     in any year the 5-year average rolling price          Importantly, it is a clean fuel having
sessment based on the volume of odorized pro-
                                                     index of consumer grade propane exceeds the 5-        emissions which are lower than many
pane sold and placed into commerce. Assess-
                                                     year rolling average price composite index of
ments collected are payable to the Council on a                                                            other fossil fuels.
                                                     residential electricity, residential natural gas,
monthly basis by the 25th of the month follow-
                                                     and refiner price to end users of No. 2 fuel oil
                                                                                                             In summary, this bill would allow
ing the month of such collection. Propane ex-                                                              propane producers and retail marketers
                                                     in an amount greater than 10.1 percent, the ac-
ported from the United States to another coun-                                                             to conduct a referendum on the estab-
                                                     tivities of the Council shall be restricted to re-
try is not subject to the assessment.                                                                      lishment of the Propane Education and
                                                     search and development, training, and safety
   (c) ALTERNATIVE COLLECTION RULES.—The
Council may establish an alternative means of
                                                     matters. The Council shall inform the Secretary       Research Council. The council, made
                                                     of Energy and the Congress of any restriction of      up of large and small propane produc-
collecting the assessment if another means is
                                                     activities under this subsection. Upon expiration     ers and retail marketers from diverse
found to be more efficient and effective. The
                                                     of 180 days after the beginning of any such re-       geographic regions, would then be al-
Council may establish a late payment charge
                                                     striction of activities, the Secretary of Commerce
and rate of interest to be imposed on any person
                                                     shall again conduct the propane price analysis
                                                                                                           lowed to collect one-tenth of 1 cent on
who fails to remit or pay to the Council any                                                               every gallon of propane sold. The
                                                     described in subsection (a). Activities of the
amount due under this Act.                           Council shall continue to be restricted under         amount assessed could ultimately rise
   (d) INVESTMENT OF FUNDS.—Pending disburse-                                                              to one-half of 1 cent.
                                                     this subsection until the price index excess is
ment pursuant to a program, plan, or project,                                                                The funds collected through this fee,
                                                     10.1 percent or less.
the Council may invest funds collected through
assessments, and any other funds received by
                                                     SEC. 10. PRICING.                                     approximately $8 million per year, are
                                                       In all cases, the price of propane shall be de-     to be used to fund research, edu-
the Council, only in obligations of the United
                                                     termined by market forces. Consistent with the        cational, safety, and marketing pro-
States or any agency thereof, in general obliga-
                                                     antitrust laws, the Council may take no action,       grams determined worthwhile by the
tions of any State or any political subdivision
                                                     nor may any provision of this Act be interpreted
thereof, in any interest-bearing account or cer-
                                                     as establishing an agreement to pass along to
                                                                                                           council. Importantly, if the activities
tificate of deposit of a bank that is a member of    consumers the cost of the assessment provided         of the council cause the price of pro-
the Federal Reserve System, or in obligations        for in section 6.                                     pane to rise disproportionately when
fully guaranteed as to principal and interest by                                                           compared to other similar fuels, cer-
                                                     SEC. 11. RELATION TO OTHER PROGRAMS.
the United States.
                                                       Nothing in this Act may be construed to pre-        tain activities of the council may be
   (e) STATE PROGRAMS.—The Council shall es-
                                                     empt or supersede any other program relating to       suspended.
tablish a program coordinating the operation of
                                                     propane education and research organized and            As I have noted several times before,
the Council with those of any State propane
                                                     operated under the laws of the United States or       this bill does not require the expendi-
education and research council created by State
                                                     any State.                                            ture of significant amounts of Federal
law or regulation, or similar entity. Such coordi-
                                                     SEC. 12. REPORTS.
nation shall include a joint or coordinated as-
                                                        Within 2 years after the date of enactment of
                                                                                                           money. Through this bill, the propane
sessment collection process, a reduced assess-                                                             industry is looking for ways to help it-
                                                     this Act, and at least once every 2 years there-
ment, or an assessment rebate. A reduced assess-                                                           self, not a Government handout. I be-
                                                     after, the Secretary of Commerce shall prepare
ment or rebate shall be 20 percent of the regular                                                          lieve it is appropriate for industry,
                                                     and submit to the Congress and the Secretary a
assessment collected in that State under this
section. Assessment rebates shall be paid only
                                                     report examining whether operation of the             rather than the Government, to fund
                                                     Council, in conjunction with the cumulative ef-       most of the research on commercial ap-
to—
                                                     fects of market changes and Federal programs,         plications of new technologies which
   (1) a State propane education and research
                                                     has had an effect on propane consumers, in-           will benefit that industry.
council created by State law or regulation that
                                                     cluding residential, agriculture, process, and          I appreciate the hard work Mr. TAU-
meets requirements established by the Council
                                                     nonfuel users of propane. The Secretary of Com-
for specific programs approved by the Council;                                                             ZIN has done on this bill, and I look for-
                                                     merce shall consider and, to the extent prac-
or                                                                                                         ward to working with him to keep this
   (2) a similar entity, such as a foundation es-    ticable, shall include in the report submissions
                                                     by propane consumers, and shall consider              bill moving forward.
tablished by the retail propane gas industry in                                                              Mr. Speaker, I reserve the balance of
that State, that meets requirements established      whether there have been long-term and short-
by the Council for specific programs approved        term effects on propane prices as a result of         my time.
by the Council.                                      Council activities and Federal programs, and            Mr. PALLONE. Mr. Speaker, I yield
                                                     whether there have been changes in the propor-        myself such time as I may consume.
SEC. 7. COMPLIANCE.
                                                     tion of propane demand attributable to various          Mr. Speaker, I, too, rise in support of
  The Council may bring suit in Federal court        market segments. To the extent that the report
to compel compliance with an assessment levied                                                             H.R. 1514, the Propane Education and
                                                     demonstrates that there has been an adverse ef-       Research Act.
by the Council under this Act. A successful ac-      fect, the Secretary of Commerce shall include
tion for compliance under this section may also                                                              As Chairman SCHAEFER noted, this
                                                     recommendations for correcting the situation.
require payment by the defendant of the costs        Upon petition by affected parties or upon re-
                                                                                                           bill authorizes the propane industry to
incurred by the Council in bringing such action.     quest by the Secretary of Energy, the Secretary       establish a propane checkoff fee to
SEC. 8. LOBBYING RESTRICTIONS.                       of Commerce may prepare and submit the report         fund propane research, development,
  No funds collected by the Council shall be         required by this section at less than 2-year in-      and education, including propane safe-
used in any manner for influencing legislation       tervals.                                              ty. Among other things, the bill estab-
or elections, except that the Council may rec-                                                             lishes boundaries and obligations on
ommend to the Secretary changes in this Act or
                                                       The SPEAKER pro tempore. Pursu-
other statutes that would further the purposes       ant to the rule, the gentleman from                   the use of the collected funds and re-
of this Act.                                         Colorado [Mr. SCHAEFER] and the gen-                  quires the Secretary of Commerce to
SEC. 9. MARKET SURVEY AND CONSUMER PRO-              tleman from New Jersey [Mr. PALLONE]                  report on propane prices and demand in
            TECTION.                                 each will control 20 minutes.                         the marketplace.
  (a) PRICE ANALYSIS.—Beginning 2 years after          The Chair recognizes the gentleman                    I am a cosponsor of this bill. I believe
establishment of the Council and annually            from Colorado [Mr. SCHAEFER].                         that the authorization of privately
H9936                                  CONGRESSIONAL RECORD — HOUSE                                               September 4, 1996
funded research into improving the             It is one of the very few fuels that              (1) with respect to Catholic Health Serv-
safety of propane use is important to        does not receive Federal money in sup-            ices Plan of Brooklyn and Queens, Inc.
the public. I also endorse research into     port of education, research, safety, and          (doing business as Fidelis Health Plan) and
                                                                                               Managed Healthcare Systems of New York,
propane’s potential benefits for the en-     marketing efforts. And so this bill rep-
                                                                                               Inc., for contract periods through January 1,
vironment. We cannot afford to over-         resents the best example of private               1999, and
look any alternative in our energy mix,      funded research programs in America.                (2) with respect to Health Partners of
and this bill will help maximize the         It simply gives the propane industry,             Philadelphia, Inc., for contract periods
benefits of this fuel.                       from the producers to the marketers               through December 31, 1999.
  I commend the bill’s author, Mr.           and suppliers, an opportunity them-                 The SPEAKER pro tempore. Pursu-
TAUZIN, and the propane industry for         selves to put together a research, edu-           ant to the rule, the gentleman from
working to move this bill forward. This      cation, safety, and marketing program             Louisiana [Mr. TAUZIN] and the gen-
legislation was unanimously reported         for this critically important fuel for            tleman from New Jersey [Mr. PALLONE]
by the Commerce Committee on June            America.                                          each will control 20 minutes.
27, and I believe it has at this time,         Again, it is a bill that has broad sup-           The Chair recognizes the gentleman
some 230 cosponsors on both sides of         port not only in the industry but                 from Louisiana [Mr. TAUZIN].
the aisle, including many members of         among so many Americans and so                      Mr. TAUZIN. Mr. Chairman, I yield
the Commerce Committee.                      many Members of this House and the                myself such time as I may consume.
  I know of no objections to H.R. 1514       body on the other side. I want to thank             (Mr. TAUZIN asked and was given
on this side of the aisle, and I would       the chairman of the committee for                 permission to revise and extend his re-
urge my colleagues to support it.            bringing it forward, and I particularly           marks.)
  Mr. Speaker, I reserve the balance of                                                          Mr. TAUZIN. Mr. Speaker, on behalf
                                             again want to single out the gentleman
my time.                                                                                       of Chairman BLILEY and Chairman
                                             from New Jersey [Mr. PALLONE] for his
                     1245                    extraordinary efforts in cooperation,             BILIRAKIS, I bring to the floor H.R. 3871
  Mr. SCHAEFER. Mr. Speaker, I yield         and urge adoption of the bill.                    and urge support of the measure.
myself such time as I may consume.                          GENERAL LEAVE                        H.R. 3871 amends title 19 of the So-
  I would first of all thank the gen-          Mr. SCHAEFER. Mr. Speaker, I ask                cial Security Act to extend 3 existing
tleman from New Jersey [Mr. PALLONE]         unanimous consent that all Members                75–25 percent waivers of section 1903.
for his support on this very, very im-       may have 5 legislative days within                Section 1903 is the section of the cur-
portant legislation. Clean fuel I think      which to revise and extend their re-              rent Medicaid law that requires that
is something that we have to look for-       marks on H.R. 1514.                               Medicaid beneficiaries constitute less
ward to in the future of this country,         The SPEAKER pro tempore (Mr.                    than 75 percent of the membership of
as well as alternative fuels. We cer-        WICKER). Is there objection to the re-            any prepaid health maintenance orga-
tainly want to go on record as support-      quest of the gentleman from Colorado?             nization.
ing that.                                                                                        A present, a number of States and
                                               There was no objection.
  Mr. Speaker, I yield such time as he                                                         health plans are operating under feder-
                                               Mr. PALLONE. Mr. Speaker, I have
may consume to the gentleman from                                                              ally approved waivers of this section.
                                             no further requests for time, and I
Louisiana [Mr. TAUZIN], the chief spon-                                                        The bill we are considering today ex-
                                             yield back the balance of my time.
sor of the bill, who has been pushing                                                          tends those 75–25 waivers held by 3 of
                                               Mr. SCHAEFER. Mr. Speaker, I again
this for a long time.                                                                          these plans: Health Partners of Phila-
                                             thank both the gentleman from New
  Mr. TAUZIN. Mr. Speaker, let me                                                              delphia, Fidelis Health Plan of New
                                             Jersey [Mr. PALLONE] and the gen-
first thank Chairman SCHAEFER for                                                              York, and Managed Healthcare Sys-
                                             tleman from Louisiana [Mr. TAUZIN]
shepherding this bill to the House floor                                                       tems of New York.
                                             for working with us on this very, very
today and for all his extraordinary co-                                                          Health Partners of Philadelphia is a
                                             important piece of legislation.
operation and support, and I particu-                                                          not-for-profit voluntary health mainte-
                                               Mr. Speaker, I have no further re-
larly want to say the same thing for                                                           nance organization comprised of local
                                             quests for time, and I yield back the
the gentleman from New Jersey, Mr.                                                             teaching hospitals. It is independently
                                             balance of my time.
PALLONE, the ranking minority mem-                                                             licensed by the Commonwealth of
                                               The SPEAKER pro tempore. The
ber, who has been a sponsor and a very                                                         Pennsylvania and fully accredited by
                                             question is on the motion offered by
good friend for many years and a very                                                          the National Committee for Quality
                                             the gentleman from Colorado [Mr.
strong supporter of this effort. I want                                                        Assurance. It serves approximately
                                             SCHAEFER] that the House suspend the
to thank the gentleman for all his per-                                                        87,000 Medicaid recipients and 250 com-
                                             rules and pass the bill, H.R. 1514, as
sonal efforts in making this a biparti-                                                        mercially enrolled individuals in Phila-
                                             amended.
san bill that has broad, in fact, biparti-                                                     delphia and the surrounding area.
                                               The question was taken; and (two-
san support from nearly 231 cosponsors                                                           While Health Partners’ chief focus is
                                             thirds having voted in favor thereof)
in the House, Democrats and Repub-                                                             on primary care, health education and
                                             the rules were suspended and the bill,
licans coming together behind a bill                                                           prevention, it also provides transpor-
                                             as amended, was passed.
that makes just good common sense.                                                             tation services, expanded vision and
  This bill has 34 cosponsors in the U.S.      A motion to reconsider was laid on              dental benefits, multilingual capabil-
Senate, led by Senator DOMENICI. It has      the table.                                        ity, 24-hour access to mental health
large support in this body. It is similar                                                      and substance abuse treatment, as well
to the bill we offered in the last Con-       WAIVING MEDICAID ENROLLMENT                      as home visits for new and expectant
gress. It was not acted upon before the                  COMPOSITION                           mothers and fathers.
Congress adjourned. We learned from                                                              Fidelis Health Plan, operated by the
                                               Mr. TAUZIN. Mr. Speaker, I move to
last Congress’ efforts and we have                                                             Catholic Health Services Plan of
                                             suspend the rules and pass the bill
made improvements in this bill.                                                                Brooklyn and Queens, was established
  Propane, as the Speaker knows, is an       (H.R. 3871) to waive temporarily the
                                                                                               by the Catholic medical center which
incredibly important fuel for many           Medicaid enrollment composition rule
                                                                                               serves those two areas. The principal
Americans—60 million Americans use           for certain health maintenance organi-
                                                                                               focus of the care provided by Fidelis to
propane. It is economical and it is envi-    zations.
                                                                                               its 19,960 Medicaid recipients is pri-
ronmentally sound. It is used by 7.7           The Clerk read as follows:
                                                                                               marily in preventive care as well as
million homes for cooking and hot                                H.R. 3871                     health education. Enrollees elect their
water heating. It is used by one-half of       Be it enacted by the Senate and House of Rep-   own primary care practitioner who
all American farmers to dry crops,           resentatives of the United States of America in   serves as personal provider and coordi-
                                             Congress assembled,
power tractors, and warm greenhouses,                                                          nates the primary and specialty care
                                             SECTION 1. WAIVER OF 75/25 MEDICAID ENROLL-
and it is used for recreational purposes                MENT RULE FOR CERTAIN MANAGED          they receive through the plan.
by tens of millions of people for out-                  CARE ORGANIZATIONS.                      Finally, Managed Healthcare Sys-
door cooking, camping, and rec-                The requirement of section 1903(m)(2)(A)(ii)    tems of New York, a minority-con-
reational vehicles.                          of the Social Security Act is waived—             trolled managed care company founded
September 4, 1996                      CONGRESSIONAL RECORD — HOUSE                                                              H9937
in 1994, serves nearly 39,000 enrollees in     Currently serving 39,000 enrollees in       too much. I commend both sides for the
Brooklyn and Queens. MHS’ primary            Brooklyn and Queens, MHS brings high          work they have done on this bill.
and preventive care and health edu-          quality managed care to inner-city                            GENERAL LEAVE
cation services are conducted with the       communities. Many programs provided              Mr. TAUZIN. Mr. Speaker, I ask
use of mobile health vans, a school-         by MHS are available to all residents of      unanimous consent all Members may
based health center, an after-school         the community, regardless if they are         have 5 legislative days within which to
learning center, newly established pri-      members of MHS.                               revise and extend their remarks on
mary care clinics, as well as commu-           I commend my colleagues, Mr.                H.R. 3871.
nity outreach efforts for pregnancy,         TOWNS, FRANKS, and GREENWOOD, for                The SPEAKER pro tempore. Is there
asthma, diabetes, sickle cell anemia,        their efforts in crafting H.R. 3871 and I     objection to the request of the gen-
tuberculosis, and HIV/AIDS.                  look forward to the passage of this sim-      tleman from Louisiana?
   I urge my colleagues to support this      ple, yet important legislation.                  There was no objection.
noncontroversial measure so that we            Mr. PALLONE. Mr. Speaker, I yield 3            Mr. BILIRAKIS. Mr. Speaker, I would like to
can continue to improve the services         minutes to the gentlewoman from the           join my colleagues in supporting H.R. 3871.
that Medicaid beneficiaries receive.         District of Columbia [Ms. NORTON].            This measure amends section 1903 of the So-
   Mr. Speaker, I would like to thank          Ms. NORTON. I thank the gentleman           cial Security Act to extend the ‘‘75–25’’ waiv-
the gentleman from New Jersey [Mr.           for yielding me this time, and I thank        ers of three worthy health plans. As such, it
PALLONE] for his efforts and those of        the chairman and the ranking member           represents a positive step in our efforts to
the minority in bringing this bill for-      for this legislation.                         build a better Medicaid Program.
ward.                                          Mr. Speaker, this legislation does not         In the past, the Federal Medicaid statute
   Mr. Speaker, I reserve the balance of     directly affect the District of Columbia      has been amended to address needs and
my time.                                     but rather 3 plans in Philadelphia and        concerns specific to the role of health mainte-
   Mr. PALLONE. Mr. Speaker, I yield         New York. Yet I feel compelled to             nance organizations [HMO’s] in the Medicaid
myself such time as I may consume.           come to the floor to rise in strong sup-      Program. As in the commercial sector, HMO’s
   We have no objection to passage of        port of H.R. 3871, in a real sense, as        increasingly play a valued role in providing
H.R. 3871 before us today on the Sus-                                                      high-quality, efficient health care services.
                                             they say ‘‘in the street,’’ because we
pension Calendar. As was mentioned by                                                      Nevertheless, there have been instances
                                             have been there and done that.
the gentleman from Louisiana [Mr.              For a number of years we have had a         where intervention has been necessary.
TAUZIN], the bill amends the section of      similar plan in the District which, at           Early State experimentation with managed
current Medicaid law which requires                                                        care resulted in occasional reports of inac-
                                             low cost, rendered exceptional care to
that Medicaid beneficiaries cannot con-                                                    curate information dissemination to enrollees,
                                             Medicaid recipients. It took an enor-
stitute more than 75 percent of the                                                        restricted access to nonparticipating providers,
                                             mous amount of work to get a waiver.
membership of any prepaid health                                                           inconsistent provision of benefits, and, in cer-
                                             I am particularly grateful to the com-
maintenance organization.                                                                  tain cases, financial instability of the enrolling
   Basically 3 plans, Health Partners of     mittee for its help in obtaining that
                                             waiver for Chartered Health Care that         plan.
Philadelphia, Fidelis Health Plan of                                                          In response, Congress has undertaken var-
New York, and Managed Healthcare             goes until October 1, 1999.
                                                                                           ious actions over the last 20 years to ensure
Systems of New York, would continue            I simply would like to bring out the
                                                                                           that all managed care enrollees receive the
operating under their federally ap-          larger issue involved in what may look
                                                                                           quality care for which the industry is known.
proved waiver of this provision for an       like a private bill. It is not that at all.
                                                                                           Unfortunately,      certain   unintended     con-
additional 2 years, and under the condi-     These plans have to come here because
                                                                                           sequences resulted.
tions of the waiver the Health Care Fi-      of the way the statute is structured.            For example, the Health Maintenance Orga-
nancing Administration will continue           The notion that at least 25 percent in      nization Amendments of 1976, which limited
to monitor these plans to ensure that        a plan have to come from the commer-          the percentage of Medicaid and Medicare
these Medicaid beneficiaries are receiv-     cial sector, from private parties, like       beneficiaries enrolled in risk contracts to 50
ing appropriate quality care.                us, and not only from welfare recipi-         percent, had the unintended effect of sharply
   Mr. Speaker, I yield 2 minutes to the     ents, is very well-intentioned, particu-      limiting managed care enrollment by Medicaid
gentleman from New York [Mr. MAN-            larly if you recall Medicaid mills, some      beneficiaries. In fact, by 1981 little more than
TON].                                        of which perhaps still exist today. The       1 percent of the Medicaid population were en-
   Mr. MANTON. Mr. Speaker, I rise to        problem, of course, which this proxy          rolled in HMO’s. Just as startling, 85 percent
express my strong support for H.R.           for quality is that these plans serve         of those beneficiaries were located in just four
3871. Under this legislation, the Catho-     largely inner city residents. They are        States.
lic Health Services Plan of Brooklyn         not a part of larger organizations like          Congress sought to correct this problem in
and Queens, also known as Fidelis            Blue Cross and Blue Shield, and so they       the Omnibus Budget Reconciliation Act of
Care, and the Managed Healthcare Sys-        encounter great difficulty when they          1981 which, among other changes, increased
tems of New York would have their            try to recruit 25 percent of their clien-     the allowable percentage of Medicaid bene-
current waiver of the 75–25 Medicaid re-     tele from people who are already at-          ficiaries that could be enrolled in HMO’s from
quirements extended through January          tached to Blue Cross and Blue Shield or       50 percent to 75 percent.
1, 1999.                                     larger operations or HMO’s near their            But as we have seen in far too many in-
   Fidelis Care began enrolling mem-         own workplaces.                               stances, current Medicaid law still creates sig-
bers in Queens in November 1994 by             The disabilities that come with not         nificant obstacles for plans that focus on the
providing a prepaid health services          getting this waiver are great and are         needs of low-income communities. Although
plan.                                        passed onto cities and ultimately to us       these plans have achieved notable success in
   With a current enrollment of 18,960,      and to the Federal Government. They           enhancing the quality of care received by area
the plan provides a comprehensive            cannot borrow as easily, they pay high-       Medicaid beneficiaries, they have been less
package of benefits available to all its     er interest pending a waiver, but they        successful in attracting commercial clients
members. The Catholic Medical Center         are doing a remarkable service. They          from outlying areas.
of Brooklyn and Queens, which spon-          behave like managed care organiza-               The current law requirement that one-quar-
sors Fidelis Care, provides excellent        tions but they have to be paid on a fee-      ter of their enrolled population consist of such
health care services to my constitu-         for-service model without these waiv-         customers, therefore, often places them in the
ents. This legislation would allow them      ers.                                          difficult position of having to choose between
to continue to deliver their quality           Health Care Financing Administra-           devoting resources to their Medicaid-funded
health services to the communities of        tion of course, monitors these organi-        enrollees or to the expense of competing
Queens and Brooklyn.                         zations, and so this legislation carried      against broader-based firms for commercial
   This legislation also addresses the       no risk, but what it does do is free          clients.
Managed Healthcare System of New             these organizations to do the job that           Clearly, fundamental reform of the Medicaid
York which has been a true community         must be done in the inner cities to           Program is needed. Until such time as a more
organization by serving Brooklyn since       keep people from going to emergency           favorable climate for such reform exists, how-
January 1994.                                rooms and going to doctors who charge         ever, measures like H.R. 3871 are necessary
H9938                                          CONGRESSIONAL RECORD — HOUSE                                                        September 4, 1996
to relieve well-performing health plans of the           ‘‘(h) HOLD-HARMLESS AMOUNTS.—                       designated representative of the Secretary of De-
unreasonable and often counterproductive re-             ‘‘(1) IN GENERAL.—Except as provided in para-       fense, that such children would have resided in
quirements of title XIX.                              graph (2)(A), the total amount that the Sec-           housing on Federal property in accordance with
                                                      retary shall pay under subsection (b) to a local       paragraph (1)(B) except that such housing was
   In this case, I am glad to say, we will re-        educational agency that is otherwise eligible for      undergoing renovation on the date for which
move the obstacles that threaten three note-          a payment under this section—                          the Secretary determines the number of children
worthy plans: Health Partners of Philadelphia,           ‘‘(A) for fiscal year 1995 shall not be less than   under paragraph (1).’’.
Fidelis Health Plan—operated by the Catholic          85 percent of the amount such agency received             (b) EFFECTIVE DATE.—Paragraph (4) of sec-
Health Services Plan of Brooklyn and                  for fiscal year 1994 under section 2 of the Act of     tion 8003(a) of the Elementary and Secondary
Queens—and Managed Healthcare Systems                 September 30, 1950 (Public Law 874, 81st Con-          Education Act of 1965, as added by subsection
of New York.                                          gress) as such section was in effect on September      (a), shall apply with respect to fiscal years after
                                                      30, 1994; or                                           fiscal year 1995.
   I commend my colleagues on both sides of
                                                         ‘‘(B) for fiscal year 1996 shall not be less than   SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGI-
the aisle for supporting this measure. With it,       85 percent of the amount such agency received                     BLE FEDERALLY CONNECTED CHIL-
the Medicaid recipients of the Philadelphia and       for fiscal year 1995 under subsection (b).                        DREN IN STATES WITH ONLY ONE
New York City regions will continue to receive           ‘‘(2) RATABLE REDUCTIONS.—(A)(i) If nec-                       LOCAL EDUCATIONAL AGENCY.
high-quality, efficient, and responsive health        essary in order to make payments to local edu-           (a) IN GENERAL.—Section 8003(b) of the Ele-
care services.                                        cational agencies in accordance with paragraph         mentary and Secondary Education Act of 1965
   I thank you.                                       (1) for any fiscal year, the Secretary first shall     (20 U.S.C. 7703(b)) is amended by adding at the
                                                      ratably reduce payments under subsection (b)           end the following new paragraph:
   Mr. PALLONE. Mr. Speaker, I have
                                                      for such year to local educational agencies that          ‘‘(3) STATES WITH ONLY ONE LOCAL EDU-
no further requests for time, and I                   do not receive a payment under this subsection         CATIONAL AGENCY.—
yield back the balance of my time.                    for such year.                                            ‘‘(A) IN GENERAL.—In any of the 50 States of
   Mr. TAUZIN. Mr. Speaker, I have no                    ‘‘(ii) If additional funds become available for     the United States in which there is only one
further requests for time, and I yield                making payments under subsection (b) for such          local educational agency, the Secretary shall,
back the balance of my time.                          year, then payments that were reduced under            for purposes of paragraphs (1)(B), (1)(C), and
   The SPEAKER pro tempore. The                       clause (i) shall be increased on the same basis as     (2) of this subsection, and subsection (e), con-
question is on the motion offered by                  such payments were reduced.                            sider each administrative school district in the
                                                         ‘‘(B)(i) If the sums made available under this      State to be a separate local educational agency.
the gentleman from Louisiana [Mr.                     title for any fiscal year are insufficient to pay         ‘‘(B) COMPUTATION OF MAXIMUM AMOUNT OF
TAUZIN] that the House suspend the                    the full amounts that all local educational            BASIC SUPPORT PAYMENT AND THRESHOLD PAY-
rules and pass the bill, H.R. 3871.                   agencies in all States are eligible to receive         MENT.—In computing the maximum payment
   The question was taken; and (two-                  under paragraph (1) after the application of           amount under paragraph (1)(C) and the learn-
thirds having voted in favor thereof)                 subparagraph (A) for such year, then the Sec-          ing opportunity threshold payment under para-
the rules were suspended and the bill                 retary shall ratably reduce payments under             graph (2)(B) for an administrative school dis-
was passed.                                           paragraph (1) to all such agencies for such year.      trict described in subparagraph (A)—
                                                         ‘‘(ii) If additional funds become available for        ‘‘(i) the Secretary shall first determine the
   A motion to reconsider was laid on
                                                      making payments under paragraph (1) for such           maximum payment amount and the total cur-
the table.                                            fiscal year, then payments that were reduced           rent expenditures for the State as a whole; and
                                                      under clause (i) shall be increased on the same           ‘‘(ii) the Secretary shall then—
                                                      basis as such payments were reduced.’’.                   ‘‘(I) proportionately allocate such maximum
                        1300                                                                                 payment amount among the administrative
                                                      SEC. 2. APPLICATIONS FOR INCREASED PAY-
       IMPACT AID TECHNICAL                                     MENTS.                                       school districts on the basis of the respective
     AMENDMENTS ACT OF 1996                             (a) PAYMENTS.—Notwithstanding any other              weighted student units of such districts; and
                                                      provision of law—                                         ‘‘(II) proportionately allocate such total cur-
  Mr. CUNNINGHAM. Mr. Speaker, I                         (1) the Bonesteel-Fairfax School District Num-      rent expenditures among the administrative
move to suspend the rules and concur                  ber 26–5, South Dakota, and the Wagner Com-            school districts on the basis of the respective
in the Senate amendment to the bill                   munity School District Number 11–4, South Da-          number of students in average daily attendance
(H.R. 3269) to amend the Impact Aid                   kota, shall be eligible to apply for payment for       at such districts.’’.
Program to provide for a hold-harmless                fiscal year 1994 under section 3(d)(2)(B) of the          (b) EFFECTIVE DATE.—Paragraph (3) of sec-
with respect to amounts for payments                  Act of September 30, 1950 (Public Law 874, 81st        tion 8003(b) of the Elementary and Secondary
                                                      Congress) (as such section was in effect on Sep-       Education Act of 1965, as added by subsection
relating to the Federal acquisition of                                                                       (a), shall apply with respect to fiscal years after
                                                      tember 30, 1994); and
real property, and for other purposes.                   (2) the Secretary of Education shall use a sub-     fiscal year 1994.
  The Clerk read as follows:                          group of 10 or more generally comparable local         SEC. 5. DATA AND DETERMINATION OF AVAIL-
  Senate amendment:                                   educational agencies for the purpose of cal-                      ABLE FUNDS.
  Strike out all after the enacting clause and        culating a payment described in paragraph (1)            (a) DATA.—Paragraph (4) of section 8003(f) of
insert:                                               for a local educational agency described in such       the Elementary and Secondary Education Act of
SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAY-             paragraph.                                             1965 (20 U.S.C. 7703(f)) is amended—
           MENTS RELATING TO FEDERAL AC-                 (b) APPLICATION.—In order to be eligible to re-       (1) in the heading, by striking ‘‘CURRENT
           QUISITION OF REAL PROPERTY.                                                                       YEAR’’;
                                                      ceive a payment described in subsection (a), a
  Section 8002 of the Elementary and Secondary        school district described in such subsection shall       (2) by amending subparagraph (A) to read as
Education Act of 1965 (20 U.S.C. 7702) is amend-      apply for such payment within 30 days after the        follows:
ed by adding at the end the following new sub-        date of enactment of this Act.                           ‘‘(A) shall use student, revenue, and tax data
sections:                                                (c) CONSTRUCTION.—Nothing in this section           from the second fiscal year preceding the fiscal
  ‘‘(g) FORMER DISTRICTS.—                            shall be construed to require a local educational      year for which the local educational agency is
  ‘‘(1) IN GENERAL.—Where the school district of      agency that received a payment under section           applying for assistance under this subsection;’’;
any local educational agency described in para-       3(d)(2)(B) of the Act of September 30, 1950 (Pub-      and
graph (2) is formed at any time after 1938 by the     lic Law 874, 81st Congress) (as such section was         (3) in subparagraph (B), by striking ‘‘such
consolidation of two or more former school dis-       in effect on September 30, 1994) for fiscal year       year’’ and inserting ‘‘the fiscal year for which
tricts, such agency may elect (at any time such       1994 to return such payment or a portion of            the local educational agency is applying for as-
agency files an application under section 8005)       such payment to the Federal Government.                sistance under this subsection’’.
for any fiscal year after fiscal year 1994 to have    SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY                  (b) DETERMINATION OF AVAILABLE FUNDS.—
(A) the eligibility of such local educational                    CONNECTED CHILDREN RESIDING                 Paragraph (3) of section 8003(f) of the Elemen-
agency, and (B) the amount which such agency                     ON MILITARY INSTALLATION HOUS-              tary and Secondary Education Act of 1965 (20
shall be eligible to receive, determined under this              ING UNDERGOING RENOVATION.                  U.S.C. 7703(f)) is amended—
section only with respect to such of the former         (a) IN GENERAL.—Section 8003(a) of the Ele-            (1) in the matter preceding subclause (I) of
school districts comprising such consolidated         mentary and Secondary Education Act of 1965            subparagraph (A)(iii), by inserting ‘‘, except as
school districts as such agency shall designate       (20 U.S.C. 7703(a)) is amended by adding at the        provided in subparagraph (C),’’ after ‘‘but’’;
in such election.                                     end the following new paragraph:                       and
  ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN-                ‘‘(4) MILITARY INSTALLATION HOUSING UNDER-             (2) by adding at the end the following new
CIES.—A local educational agency referred to in       GOING RENOVATION.—For purposes of computing            subparagraph:
paragraph (1) is any local educational agency         the amount of a payment for a local educational          ‘‘(C) DETERMINATION OF AVAILABLE FUNDS.—
that, for fiscal year 1994 or any preceding fiscal    agency for children described in paragraph             When determining the amount of funds avail-
year, applied for and was determined eligible         (1)(D)(i), the Secretary shall consider such chil-     able to the local educational agency for current
under section 2(c) of the Act of September 30,        dren to be children described in paragraph             expenditures for purposes of subparagraph
1950 (Public Law 874, 81st Congress) as such sec-     (1)(B) if the Secretary determines, on the basis       (A)(iii) for a fiscal year, the Secretary shall in-
tion was in effect for such fiscal year.              of a certification provided to the Secretary by a      clude, with respect to the local educational
September 4, 1996                               CONGRESSIONAL RECORD — HOUSE                                                               H9939
agency’s opening cash balance for such fiscal          (Public Law 874, 81st Congress) for fiscal year       does not follow them. This is what im-
year, the portion of such balance that is the          1991 (as such section was in effect for such fiscal   pact aid does. It equals out the amount
greater of—                                            year) shall not, by virtue of subsection (a), be      of the impact on those schools.
  ‘‘(i) the amount that exceeds the maximum            required to repay those funds to the Secretary of       Unfortunately, parts of the impact
amount of funds for current expenditures that          Education.
                                                                                                             aid law last authorized in the 103rd
the local educational agency was allowed by            SEC. 8. SPECIAL RULE RELATING TO AVAILABIL-
State law to carry over from the prior fiscal                      ITY OF FUNDS FOR THE LOCAL EDU-           Congress are having unintended effects
year, if State restrictions on such amounts were                   CATIONAL AGENCY SERVING THE               or are failing to keep up with changing
applied uniformly to all local educational agen-                   NORTH HANOVER TOWNSHIP PUBLIC             circumstances. Some school districts
                                                                   SCHOOLS, NEW JERSEY, UNDER PUB-           may not receive the impact aid that
cies in the State; or
                                                                   LIC LAW 874, 81ST CONGRESS.
  ‘‘(ii) the amount that exceeds 30 percent of the                                                           their circumstances demand, so H.R.
local educational agency’s operating costs for            The Secretary of Education shall not consider
                                                       any funds that the Secretary of Education de-         3269 makes minor technical corrections
the prior fiscal year.’’.                                                                                    in the impact aid law so that federally
  (c) EFFECTIVE DATE.—The amendments made              termines the local educational agency serving
                                                       the North Hanover Township Public Schools,            impacted school districts are treated
by subsections (a) and (b) shall apply with re-
spect to fiscal years after fiscal year 1996.          New Jersey, has designated for a future liability     fairly.
                                                       under an early retirement incentive program as          H.R. 3269 was adopted by voice vote
SEC. 6. PAYMENTS RELATING TO FEDERAL PROP-
            ERTY.
                                                       funds available to such local educational agen-       in the House on May 7, 1996. It made
                                                       cy for purposes of determining the eligibility of     four changes in the impact aid law.
   Section 8002 of the Elementary and Secondary
                                                       such local educational agency for a payment for       Two were related to Federal property
Education Act of 1965 (20 U.S.C. 7702) (as
                                                       fiscal year 1994, or the amount of any such pay-      payments, one addressed the effects of
amended by section 1) is further amended by
                                                       ment, under section 3(d)(2)(B) of the Act of Sep-
adding at the end thereof the following new
                                                       tember 30, 1950 (Public Law 874, 81st Congress),
                                                                                                             military housing renovation, and the
subsection:                                                                                                  last clarified the intent of Congress
                                                       as such section was in effect for such fiscal
   ‘‘(i) PRIORITY PAYMENTS.—Notwithstanding                                                                  with regard to impact aid payments to
                                                       year.
subsection (b)(1)(B), and for any fiscal year be-                                                            Hawaii.
                                                       SEC. 9. CORRECTED LOCAL CONTRIBUTION RATE.
ginning with fiscal year 1997 for which the                                                                    The Senate made additional tech-
amount appropriated to carry out this section            (a) COMPUTATION.—The Secretary of Edu-
exceeds the amount so appropriated for fiscal          cation shall compute a payment for a local edu-       nical changes, which I support. They
year 1996, the Secretary shall first use such ex-      cational agency under the Act of September 30,        include a long overdue adjustment for
cess amount to increase the payment that would         1950 (Public Law 874, 81st Congress) for each of      schools near West Point in New York;
otherwise be made under this section to not            the fiscal years 1991 through 1994 (as such Act       a technical change involving the ef-
more than 50 percent of the maximum amount             was in effect for each of those fiscal years, as      fects of a heavily impacted New Jersey
determined under subsection (b) for any local          the case may be) using a corrected local con-         school pension escrow account upon its
educational agency that—                               tribution rate based on generally comparable
                                                       school districts, if—
                                                                                                             impact aid payment in a previous fiscal
   ‘‘(1) received a payment under this section for                                                           year; a matter affecting a small num-
fiscal year 1996;                                        (1) an incorrect local contribution rate was
                                                       submitted to the Secretary of Education by the        ber of schools in South Dakota; a pro-
   ‘‘(2) serves a school district that contains all
or a portion of a United States military acad-         State in which such agency is located, and the        vision previously adopted by the Sen-
emy;                                                   incorrect local contribution rate was verified as     ate regarding impact aid within the
   ‘‘(3) serves a school district in which the local   correct by the Secretary of Education; and            State of Nebraska; and a delay in the
tax assessor has certified that at least 60 percent      (2) the corrected local contribution rate is sub-   equalization mandate for schools in the
of the real property is federally owned; and           ject to review by the Secretary of Education.         States of Kansas and Alaska.
   ‘‘(4) demonstrates to the satisfaction of the         (b) PAYMENT.—Using funds appropriated                 Mr. Speaker, in developing this legis-
Secretary that such agency’s per-pupil revenue         under the Act of September 30, 1950 (Public Law
                                                       874, 81st Congress) for fiscal years 1991 through
                                                                                                             lation, we sought to include minor
derived from local sources for current expendi-                                                              technical corrections in three cat-
tures is not less than that revenue for the pre-       1994 that remain available for obligation (if
                                                       any), the Secretary of Education shall make           egories: unintended consequences of
ceding fiscal year.’’.
                                                       payments based on the computations described          the previous authorization, areas
SEC. 7. TREATMENT OF IMPACT AID PAYMENTS.
                                                       in subsection (a) to the local educational agency     where the Department interpreted Con-
  (a) IN GENERAL.—The Secretary of Education           for such fiscal years.                                gressional intent in an unintended
shall treat any State as having met the require-
ments of section 5(d)(2)(A) of the Act of Septem-
                                                       SEC. 10. STATE EQUALIZATION PLANS.                    way, and issues unforeseen by the 103rd
                                                         Subparagraph (A) of section 8009(b)(2) of the       Congress. It is not a comprehensive
ber 30, 1950 (Public Law 874, 81st Congress) for
                                                       Elementary and Secondary Education Act of             correction, particularly when one con-
fiscal year 1991 (as such section was in effect for
                                                       1965 (20 U.S.C. 7709(b)(2)) is amended by strik-      siders the many new ways the military
such fiscal year), and as not having met those
                                                       ing ‘‘more than’’ and all that follows through
requirements for each of the fiscal years 1992,                                                              is arranging family housing.
                                                       the period and inserting ‘‘more than 25 per-
1993, and 1994 (as such section was in effect for
                                                       cent.’’.
                                                                                                               Mr. Speaker, I urge adoption of H.R.
fiscal year 1992, 1993, and 1994, respectively),                                                             3269, the Impact Aid Technical Amend-
if—                                                      The SPEAKER pro tempore (Mr.                        ments, so we can send it to the Presi-
   (1) the State’s program of State aid was not        WICKER). Pursuant to the rule, the gen-               dent to become law.
certified by the Secretary under section               tleman      from     California    [Mr.                 Mr. Speaker, I reserve the balance of
5(d)(2)(C)(i) of the Act of September 30, 1950         CUNNINGHAM] and the gentleman from
(Public Law 874, 81st Congress) for any fiscal
                                                                                                             my time.
                                                       Oregon [Mr. BLUMENAUER] each will                       Mr. BLUMENAUER. Mr. Speaker, I
year prior to fiscal year 1991;
                                                       control 20 minutes.                                   yield myself such time as I may
   (2) the State submitted timely notice under
that section of the State’s intention to seek that       The Chair recognizes the gentleman                  consume.
certification for fiscal year 1991;                    from California [Mr. CUNNINGHAM].                       Mr. Speaker, I rise in support of H.R.
   (3) the Secretary determined that the State did       Mr. CUNNINGHAM. Mr. Speaker, I                      3269, the Impact Aid Technical Amend-
not meet the requirements of section 5(d)(2)(A)        yield myself such time as I may                       ments of 1996. The Impact Aid Program
of such Act for fiscal year 1991; and                  consume.                                              was reauthorized during the 103d Con-
   (4) the State made a payment to each local            Mr. Speaker, I rise in favor of H.R.                gress. At that time, significant changes
educational agency in the State (other than a          3269, the Impact Aid Technical Amend-                 were made to the existing Impact Aid
local educational agency that received a pay-          ments Act.                                            Program which greatly enhanced its
ment under section 3(d)(2)(B) of such Act for fis-
                                                         Mr. Speaker, the Federal Govern-                    operation.
cal year 1991) in an amount equal to the dif-
ference between the amount such agency re-             ment has a responsibility to children                   During this Congress, the Committee
ceived under such Act for fiscal year 1991 and         attending schools that lose tax reve-                 on Economic and Educational Opportu-
the amount such agency would have received             nues associated with a Government fa-                 nities held a hearing to review how the
under such Act for fiscal year 1991 if payments        cility, such as a military base. That is              changes in the Impact Aid Program
under such Act had not been taken into consid-         why we have impact aid. What happens                  were being carried out. We discovered
eration in awarding State aid to such agencies         is many times someone in the military                 that on the whole, the Impact Aid Pro-
for fiscal year 1991.                                  will sign up in one State and maintain                gram is functioning much more effec-
   (b) REPAYMENT NOT REQUIRED.—Notwith-
                                                       their residency there. They pay their                 tively as a result of the changes made
standing any other provision of law, any local
educational agency in a State that meets the re-       State taxes to that State. They then                  during the 103d Congress. However, we
quirements of paragraphs (1) through (4) of sub-       receive orders to another State and                   also discovered certain situations
section (a) and that received funds under sec-         their children may attend school in                   where there was a need for minor cor-
tion 3(d)(2)(B) of the Act of September 30, 1950       that new State. But the tax revenue                   rections, H.R. 3269 makes the necessary
H9940                                   CONGRESSIONAL RECORD — HOUSE                                          September 4, 1996
technical corrections to further en-            Mr. BLUMENAUER. Mr. Speaker, I           BLUMENAUER], for his partnership, as
hance the operation of the Impact Aid         have no further requests for time, and     well as the gentlewoman from Hawaii
Program and I urge my colleagues to           I yield back the balance of my time.       [Mrs. MINK], who has worked diligently
support the bill.                               Mr. CUNNINGHAM. Mr. Speaker, I           on this particular bill, and the gentle-
  Mr. Speaker, I reserve the balance of       yield 2 minutes to the gentleman from      woman from New York [Mrs. KELLY],
my time.                                      New Jersey [Mr. SAXTON].                   and a host of others.
  Mr. CUNNINGHAM. Mr. Speaker, I                Mr. SAXTON. Mr. Speaker, I thank           Mr. Speaker, I have no further speak-
yield myself such time as I may               the gentleman for yielding me time.        ers, and I yield back the balance of my
consume for a colloquy with the gen-            Mr. Speaker, in a colloquy just heard    time.
tleman from Illinois [Mr. FAWELL].            between the gentleman from Califor-          The SPEAKER pro tempore. The
  I yield to the gentleman from Illinois      nia, Mr. CUNNINGHAM, and the gen-          question is on the motion offered by
[Mr. FAWELL].                                 tleman from Illinois, Mr. FAWELL, a re-    the gentleman from California [Mr.
  Mr. FAWELL. Mr. Speaker, I thank            quest on the part of Mr. FAWELL was        CUNNINGHAM] that the House suspend
the chairman for yielding. I regret that      that we revisit the issue of impact aid    the rules and concur in the Senate
I have not had the opportunity to take        in the future Congresses. I would re-      amendment to H.R. 3269.
a good long look at the details at least,     mind all Members that we revisit the         The question was taken; and (two-
or the ramifications of the amendment         issue of impact aid in every Congress,     thirds having voted in favor thereof)
that was affixed to this bill in the Sen-     and I am glad we are revisiting it in      the rules were suspended and the Sen-
ate.                                          this Congress.                             ate amendment was concurred in.
  I represent several school districts in       Mr. Speaker, I compliment the gen-         A motion to reconsider was laid on
my district back in Illinois which re-        tleman       from     California,    Mr.   the table.
ceive section 8002 funds, and I am very       CUNNINGHAM, and the gentleman from
concerned that an amendment, or the           Pennsylvania, the chairman of the full                GENERAL LEAVE
amendment that was affixed to this bill       committee, Mr. GOODLING, for the job
in the Senate would essentially provide       they have done in recognizing there are      Mr. CUNNINGHAM. Mr. Speaker, I
that a large portion of new funding, I        and were and probably will be some in-     ask unanimous consent that all Mem-
guess we cannot ascertain just how            equities in this very complicated for-     bers may have 5 legislative days within
much, for this program would go to one        mula.                                      which to revise and extend their re-
particular school district in 1997, and,        Mr. Speaker, what makes it com-          marks on the Senate amendment to
more importantly, every fiscal year           plicated is that in each State, because    H.R. 3269.
thereafter.                                   each State and locality has a different      The SPEAKER pro tempore. Is there
  That does concern me, because, of           method of funding their schools, from      objection to the request of the gen-
course, there are a lot of districts          time to time the Federal formula does      tleman from California?
throughout this country who are not                                                        There was no objection.
                                              not work as we would intend it to.
getting full funding as it is right now,      Therefore, from time to time we need
and if all future increases in appropria-     to make changes and modifications and        GENERAL ACCOUNTING OFFICE
tions were to be subject to this amend-       adjustments to the formula.                              ACT OF 1996
ment, I think I would have to object.           In one case in particular, for exam-       Mr. LATOURETTE. Mr. Speaker, I
  I would request, therefore, of the          ple, in New Jersey, it happens to be in    move to suspend the rules and pass the
chairman, and perhaps the ranking             my district, North Hanover Township,       bill (H.R. 3864) to reform the manage-
member might want to have something           there is the school that provides the      ment practices of the General Account-
to say about this, that we revisit this       educational facilities and programs for    ing Office, and for other purposes, as
issue at a later date, with the under-        the boys and girls who are dependents      amended.
standing that an adjustment would be          of the Air Force families at McGuire         The Clerk read as follows:
made so that the changes in the dis-          Air Force Base. North Hanover Town-                            H.R. 3864
tribution formula are not in effect for       ship has 85 percent of its student body      Be it enacted by the Senate and House of Rep-
every increase in appropriations for fu-      which comes from military dependents       resentatives of the United States of America in
ture fiscal years, but would be basi-         from McGuire Air Force Base. In this       Congress assembled,
cally in effect only for the fiscal year      case, in 1994 the North Hanover school     SECTION 1. SHORT TITLE.
that we are dealing with, fiscal year         district lost or did not receive almost      This Act may be cited as the ‘‘General Ac-
1997, and not for future fiscal years.        $2 million which was intended to sup-      counting Office Act of 1996’’.
That is the deep concern I have.              port those military dependent children.    TITLE I—AMENDMENTS TO LAWS AU-
  Mr. CUNNINGHAM. Mr. Speaker, re-            So this bill makes that correction and       THORIZING AUDITING, REPORTING, AND
claiming my time, the gentleman is            restores those funds for this school and     OTHER FUNCTIONS BY THE GENERAL
correct. There will be other changes in       benefits a large number of military de-      ACCOUNTING OFFICE
the future. This is one. That particular                                                 SEC. 101. TRANSFERS AND TERMINATIONS OF
                                              pendent children.                                     FUNCTIONS.
school district was West Point, which           Mr. Speaker, I think this is a very        (a) IN GENERAL.—
is one of our academies that was im-          fine effort on the part of this Congress     (1) FUNCTIONS TRANSFERRED.—In any case
pacted due to a special significance. It      and in particular on the part of the       in which a provision of law authorizing the
was not my district or any particular         gentleman       from   California   [Mr.   performance of a function by the Comptrol-
district, but it was a military academy       CUNNINGHAM] and the gentleman from         ler General of the United States or the Gen-
that was being affected.                      Pennsylvania [Mr. GOODLING], and I         eral Accounting Office is amended by this
  But I agree. To be fair, we need to         urge support for this bill.                title to substitute another Federal officer,
make sure that one district does not            Mr. CUNNINGHAM. Mr. Speaker, I           employee, or agency in that authorization,
                                                                                         the authority under that provision to per-
get all of the dollars, and that it is        yield myself such time as I may
                                                                                         form that function is transferred to the
equalized. We will revisit this in the        consume.                                   other Federal officer, employee, or agency.
next Congress.                                  Mr. Speaker, all I would say is some       (2) FUNCTIONS TERMINATED.—In any case in
  Mr. FAWELL. Mr. Speaker, I thank            of the things we work with in Congress     which a provision of law authorizing the per-
the chairman. So there would be an as-        are on a bipartisan basis, and this is     formance of a function by the Comptroller
sumption that we would limit the bene-        one of them. Quite often when you are      General of the United States or the General
fits of this bill, insofar as that one par-   taking a look at the amount of dollars     Accounting Office is repealed by this Act,
ticular district is concerned, to the in-     available from the Federal Government      the authority under that provision to per-
                                              to go to specific programs, then we can    form that function is terminated.
crease in appropriations for this fiscal
                                                                                           (3) DELEGATION OF FUNCTIONS.—The Direc-
year, and not for future fiscal years.        reach a consensus on both sides of the     tor of the Office of Management and Budget
  Mr. CUNNINGHAM. The gentleman               aisle.                                     may delegate, in whole or in part, to any
is correct.                                     I would like to thank the new gen-       other agency or agencies any function trans-
  Mr. Speaker, I reserve the balance of       tleman to the committee, the gen-          ferred to or vested in the Director under sec-
my time.                                      tleman        from      Oregon      [Mr.   tion 103(d), 105(b), 116, or 202(n) of this Act,
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                    H9941
and may transfer to such agency or agencies       (Public Law 103–69; 107 Stat. 710; 2 U.S.C. 60–      (3) by adding at the end the following new
any personnel, budget authority, records,         1 note) is amended by striking ‘‘shall’’ and       subsection:
and property received by the Director pursu-      inserting ‘‘may’’.                                   ‘‘(g) For the purpose of this section, the
ant to subsection (b) of this section that re-       (b) WAIVER OF ERRONEOUS PAYMENTS IN THE         term ‘authorized official’ means—
late to the delegated functions.                  SENATE.—Section 2(a) of the Act of July 25,          ‘‘(1) the head of an agency, with respect to
  (b) INCIDENTAL TRANSFERS.—                      1974 (Public Law 93–359; 88 Stat. 394; 2 U.S.C.    an agency or employee in the legislative
  (1) IN GENERAL.—Incident to any transfer of     130c(a)) is amended—                               branch; or
authority under subsection (a)(1), there shall       (1) in the first sentence by striking ‘‘, if      ‘‘(2) the Director of the Office of Manage-
be transferred to the recipient Federal offi-     the claim is not the subject of an exception       ment and Budget, with respect to any other
cer, employee, or agency such personnel,          made by the Comptroller General in the ac-         agency or employee.’’.
records, budget authority, and property of        count of any accountable officer or official’’;      (e) REGULATIONS AND REPORTS.—Section
the General Accounting Office as the Comp-        and                                                5707(b)(1)(A) of title 5, United States Code, is
troller General and the Director of the Office       (2) in the third sentence by striking           amended by striking ‘‘the Comptroller Gen-
of Management and Budget jointly deter-           ‘‘shall’’ the first place it appears and insert-   eral of the United States,’’.
mine to be necessary to effectuate the trans-     ing ‘‘may’’.                                         (f) GAO AUDIT OF AGENCY COMPLIANCE.—
fer.                                                 (c) WAIVER OF ERRONEOUS PAYMENTS IN THE         Section 5(b) of the Hotel and Motel Fire
  (2) EFFECT ON PERSONNEL.—Personnel              HOUSE OF REPRESENTATIVES.—Section 3(a) of
                                                                                                     Safety Act of 1990 (Public Law 101–391; 5
transferred under this section shall not be       the Act of July 25, 1974 (Public Law 93–359; 88
                                                                                                     U.S.C. 5707 note) is repealed.
                                                  Stat. 395; 2 U.S.C. 130d(a)) is amended, in the
separated or reduced in classification or                                                              (g) PROCEDURES FOR DEPOSIT OF EMPLOY-
                                                  first sentence, by striking ‘‘, if the claim is
compensation for one year after any such                                                             EES’ CONTRIBUTIONS TO RETIREMENT FUNDS.—
                                                  not the subject of an exception made by the
transfer, except for cause.                                                                          Sections 8334(a)(2), 8422(c), and 8432(f) of title
                                                  Comptroller General in the account of any
  (c) REFERENCES.—With respect to any func-                                                          5, United States Code, are each amended by
                                                  accountable officer or official’’.
tion or authority transferred under this Act         (d) REPORT ON SEQUESTRATION OF FUNDS TO         striking ‘‘Comptroller General of the United
and exercised on or after the effective date of   MEET DEFICIT REDUCTION GOALS.—Section              States’’ and inserting ‘‘Secretary of the
that transfer, reference in any Federal law       254 of the Balanced Budget and Emergency           Treasury’’.
to the Comptroller General or to any officer      Deficit Control Act of 1985 (2 U.S.C. 904) is        (h) TRANSMITTAL OF COPY OF REPORT ON
or employee of the General Accounting Of-         amended—                                           THE CIVIL SERVICE RETIREMENT AND DISABIL-
fice is deemed to refer to the Federal officer       (1) in subsection (a), by striking:             ITY FUND.—Section 8348(l) of title 5, United
or agency to which the function or authority      ‘‘30 days later            GAO    compliance re-   States Code, is amended by striking the last
is transferred under this Act.                                              port.’’;                 sentence in paragraph (1).
  (d) SAVINGS PROVISIONS.—                        and                                                  (i) TRANSMITTAL OF COPY OF REPORT ON THE
  (1) ORDERS AND OTHER OFFICIAL ACTIONS NOT         (2) in subsection (i), by striking ‘‘On the      THRIFT SAVINGS FUND.—Section 8438(h) of
AFFECTED.—All       orders,     determinations,   date specified in subsection (a)’’ and insert-     title 5, United States Code, is amended by
rules, regulations, permits, grants, con-         ing ‘‘Upon request of the Committee on the         striking ‘‘and the Comptroller General of the
tracts, certificates, licenses, and privileges—   Budget of the House of Representatives or          United States’’ in the last sentence of para-
  (A) which have been issued, made, granted,      the Senate’’.                                      graph (1).
or allowed to become effective by the Comp-       SEC. 103. AMENDMENTS RELATING TO TITLE 5,            (j) RECEIPT OF COPY OF CPA EXAMINATION
troller General or any official of the General                UNITED STATES CODE (GOVERN-            OF THRIFT SAVINGS FUND.—Section 8439(b)(3)
Accounting Office, or by a court of com-                      MENT ORGANIZATION AND EMPLOY-          of title 5, United States Code, is amended by
petent jurisdiction, in the performance of                    EES).
                                                                                                     striking ‘‘and the Comptroller General of the
any function or authority transferred under         (a) TRANSMITTAL OF REPORTS.—Section              United States’’.
this Act, and                                     1213(e) of title 5, United States Code, is
                                                                                                     SEC. 104. AMENDMENTS RELATING TO TITLE 7,
  (B) which are in effect at the time of the      amended—                                                       UNITED    STATES CODE  (AGRI-
transfer;                                           (1) in paragraph (3) by striking the comma                   CULTURE).
                                                  after ‘‘President’’ and inserting ‘‘and’’, and       (a) AUDIT OF WASHINGTON FAMILY INDE-
shall continue in effect according to their       by striking ‘‘, and the Comptroller General’’;
terms until modified, terminated, super-                                                             PENDENCE DEMONSTRATION PROJECT.—Section
                                                  and                                                21(g) of the Food Stamp Act of 1977 (7 U.S.C.
seded, set aside, or revoked in accordance          (2) in paragraph (4) by striking the comma
with law.                                                                                            2030(g)) is amended by striking ‘‘shall’’ and
                                                  after ‘‘President’’ and inserting ‘‘and’’, and     inserting ‘‘may’’.
  (2) PENDING MATTERS AND PROCEEDINGS.—           by striking ‘‘, and the Comptroller General’’.
This Act shall not affect any pending mat-                                                             (b) REPORTS ON AMOUNTS OBLIGATED AND
                                                    (b) WITHHOLDING OF PAY.—Section 5512(b)
ters or proceedings, including notices of pro-    of title 5, United States Code, is amended by      EXPENDED BY DEPARTMENT OF AGRICULTURE
posed rulemaking, relating to a function or                                                          FOR ADVISORY SERVICES.—Section 641 of the
                                                  striking ‘‘General Accounting Office’’ and in-
authority transferred under this Act. Such        serting ‘‘employing agency’’.                      Rural Development, Agriculture, and Relat-
matters or proceedings shall continue under         (c) DESIGNATION OF BENEFICIARY.—Section          ed Agencies Appropriations Act, 1990 (7
the authority of the agency to which the          5582(a) of title 5, United States Code, is         U.S.C. 2207a) is amended—
function or authority is transferred until        amended by striking the second sentence and          (1) in subsection (a)—
completed or terminated in accordance with        inserting the following: ‘‘An employee may           (A) by striking ‘‘(1)’’ after ‘‘(a)’’;
law.                                              change or revoke a designation at any time           (B) by striking ‘‘shall (A) submit’’ and in-
  (3) JUDICIAL PROCEEDINGS AND CAUSES OF          under regulations promulgated—                     serting ‘‘shall submit’’; and
ACTIONS.—No suit, action, or other proceed-         ‘‘(1) by the Director of the Office of Person-     (C) by striking ‘‘, and (B) transmit a copy
ing or cause of action relating to a function     nel Management or his designee, in the case        of such report to the Comptroller General of
or authority transferred under this Act shall     of an employee of an executive agency;             the United States’’;
abate by reason of the enactment of this Act.       ‘‘(2) jointly by the President pro tempore         (2) by striking subsection (b);
If, before the date on which a transfer of a      of the Senate and the Speaker of the House           (3) by redesignating paragraph (2) of sub-
function or authority this Act takes effect,      of Representatives, or their designee, in the      section (a) as subsection (b); and
the Comptroller General of the United States      case of an employee of the legislative               (4) in subsection (b) (as so redesignated)—
or any officer or employee of the General Ac-     branch; and                                          (A) by striking ‘‘paragraph (1)’’ and insert-
counting Office in their official capacity is       ‘‘(3) by the Chief Justice of the United         ing ‘‘subsection (a)’’; and
party to a suit relating to the function or au-   States or his or her designee, in the case of        (B) by redesignating subparagraphs (A),
thority, then such suit shall be continued        an employee of the judicial branch.’’.             (B), and (C) as paragraphs (1), (2), and (3), re-
and the head of the agency to which the             (d) WAIVER OF ERRONEOUS PAYMENTS.—Sec-           spectively.
function or authority is transferred, or other    tion 5584 of title 5, United States Code, is       SEC. 105. AMENDMENTS TO TITLE 10, UNITED
appropriate official of that agency, shall be     amended—                                                      STATES CODE (ARMED FORCES).
substituted or added as a party.                    (1) in subsection (a)—                             (a) WAIVER OF RECOVERY OF ERRONEOUS AN-
  (e) EFFECTIVE DATE.—                              (A) in paragraph (1) by striking ‘‘Comptrol-     NUITY   PAYMENTS.—Sections 1442 and 1453 of
  (1) IN GENERAL.—Except as provided in           ler General of the United States’’ and insert-     title 10, United States Code, are amended by
paragraph (2), this title shall take effect on    ing ‘‘authorized official’’; and                   striking ‘‘and the Comptroller General’’.
the date of enactment of this Act.                  (B) in paragraph (2) by inserting ‘‘and’’ at       (b) WAIVER OF RECOVERY OF ERRONEOUS
  (2) EXCEPTIONS.—Sections 103(d), 105(b), and    the end of subparagraph (A), by striking sub-      OVERPAYMENTS.—Section 2774 of such title is
116 shall take effect 60 days after the date of   paragraph (B), by redesignating subpara-           amended—
enactment of this Act.                            graph (C) as subparagraph (B), and by strik-         (1) in subsection (a)—
SEC. 102. AMENDMENTS RELATING TO TITLE 2,         ing ‘‘Comptroller General’’ in subparagraph          (A) in paragraph (1), by striking ‘‘Comp-
            UNITED STATES CODE (THE CON-          (B) (as so redesignated) and inserting ‘‘au-       troller General’’ and inserting ‘‘Director of
            GRESS).                               thorized official’’;                               the Office of Management and Budget’’; and
 (a) COMPLIANCE REPORTING ON REDUCTION IN           (2) in subsection (b) by striking ‘‘Comptrol-      (B) in paragraph (2), by inserting ‘‘and’’ at
EMPLOYEE POSITIONS.—Section 307(c) of the         ler General’’ and inserting ‘‘authorized offi-     the end of subparagraph (A), striking sub-
Legislative Branch Appropriations Act, 1994       cial’’; and                                        paragraph (B), redesignating subparagraph
H9942                                        CONGRESSIONAL RECORD — HOUSE                                                     September 4, 1996
(C) as subparagraph (B), and in that subpara-         (g) GAO STUDIES OF APPRAISALS.—                   troller General of the United States’’ and in-
graph (as so redesignated), striking ‘‘Comp-          (1) IN GENERAL.—Section 1112(c) of the Fi-        serting ‘‘Attorney General’’.
troller General’’ and inserting ‘‘Director of       nancial Institutions Reform, Recovery, and          SEC. 110. AMENDMENTS RELATING TO TITLE 19,
the Office of Management and Budget’’; and          Enforcement Act of 1989 (12 U.S.C. 3341) is                     UNITED STATES CODE (CUSTOMS
  (2) in subsection (b), by striking ‘‘The          amended—                                                        DUTIES).
Comptroller General’’ and inserting ‘‘The Di-         (A) in paragraph (1), by striking ‘‘At the          (a) AUDITS OF THE CUSTOMS FORFEITURE
rector of the Office of Management and              end of the 18-month period’’ and all that fol-      FUND.—Section 613A(e)(2) of the Tariff Act of
Budget’’.                                           lows through ‘‘study’’ and inserting ‘‘The          1930 (19 U.S.C. 1613b(e)(2)) is amended—
  (c) CERTIFICATION TO COMPTROLLER GEN-             Comptroller General of the United States              (1) by striking ‘‘annual financial’’; and
ERAL OF UNCOLLECTABILITY OF ADVANCES.—              may conduct, under such conditions as the             (2) by inserting before the period the fol-
Section 2777(b)(2)(B) of such title is amended      Comptroller General determines appropriate,         lowing: ‘‘, under such conditions as the
by striking ‘‘to the Comptroller General’’.         studies’’; and                                      Comptroller General determines appro-
  (d) MAINTAINING ACCOUNTS OF MILITARY DE-            (B) in paragraph (2), by striking ‘‘required      priate’’.
PARTMENTS.—Section 2778 of such title is re-        under’’ and inserting ‘‘referred to in’’.             (b) REPORT ON BUSINESSES ESTABLISHED BY
pealed, and the table of sections at the be-          (2) CLERICAL AMENDMENT.—The heading for           CUSTOMS SERVICE FOR UNDERCOVER OPER-
ginning of chapter 165 of such title is amend-      section 1112(c)(1) of Financial Institutions        ATIONS.—Section 3131(b) of the Anti-Drug
ed by striking the item relating to that sec-       Reform, Recovery, and Enforcement Act of            Abuse Act of 1986 (19 U.S.C. 2081(b)) is amend-
tion.                                               1989 (12 U.S.C. 3341(c)(1)) is amended by strik-    ed by striking ‘‘and the Comptroller Gen-
  (e) RADIOGRAMS AND TELEGRAMS.—Sections                                                                eral’’.
                                                    ing ‘‘STUDY REQUIRED’’ and inserting ‘‘GAO
4592 and 9592 of such title are amended by                                                              SEC. 111. AMENDMENTS RELATING TO TITLE 22,
                                                    STUDIES’’.
striking ‘‘, or may file a claim with the Gen-                                                                      UNITED STATES CODE (FOREIGN RE-
                                                      (h) AUDIT OF OFFICE OF FEDERAL HOUSING
eral Accounting Office for’’ in the second                                                                          LATIONS AND INTERCOURSE).
                                                    ENTERPRISE OVERSIGHT.—Section 1319E of
sentence and inserting ‘‘of’’.                                                                            (a) ACCOUNTS OF ADVANCES FOR OPERATIONS
                                                    the Housing and Community Development
SEC. 106. AMENDMENTS RELATING TO TITLE 12,                                                              OF THE INTERNATIONAL JOINT COMMISSION ON
            UNITED STATES CODE (BANKS AND           Act of 1992 (12 U.S.C. 4524) is amended—
                                                      (1) in the first sentence—                        THE U.S.-CANADA BOUNDARY WATERS.—The
            BANKING).
                                                      (A) by striking ‘‘shall’’ and inserting           first section of the Act of March 2, 1921
  (a) REPORT ON PREPURCHASE AND FORE-                                                                   (chapter 113; 22 U.S.C. 268b) is amended by
CLOSURE-PREVENTION    COUNSELING    DEM-            ‘‘may’’; and
                                                      (B) by inserting ‘‘, and any such audit shall     striking ‘‘chiefs of parties’’ the first place it
ONSTRATION.—Section 106(d) of the Housing
                                                    be conducted’’ after ‘‘Office’’; and                appears and all that follows through ‘‘chiefs
and Urban Development Act of 1968 (12 U.S.C.
                                                      (2) by striking the last sentence.                of parties’’ the next place it appears and in-
1701x(d)) is amended—
                                                      (i) SHARING OF INFORMATION.—Section 11(t)         serting ‘‘chiefs of parties’’.
   (1) by striking paragraph (9);
                                                    of the Federal Deposit Insurance Act (12               (b) PREPARATION OF SCOPE OF AUDIT AND
   (2) in paragraph (5)(A), by striking
                                                    U.S.C. 1821(t)) is amended by adding at the         REVIEW OF AUDITS OF INTER-AMERICAN DE-
‘‘(10)(K)’’ and inserting ‘‘(9)’’;
                                                    end of paragraph (2)(A) the following new           VELOPMENT BANK.—Section 14 of the Inter-
   (3) in paragraph (8), by striking ‘‘(for pur-
                                                    clause:                                             American Development Bank Act (22 U.S.C.
poses of the study and report under para-
                                                      ‘‘(vi) The General Accounting Office.’’.          283j–1) is amended—
graph (9))’’; and
                                                    SEC. 107. AMENDMENT RELATING TO TITLE 15,
                                                                                                           (1) in subsection (b), by striking ‘‘Comp-
   (4) by redesignating paragraphs (10), (11),
                                                               UNITED STATES CODE (COMMERCE             troller General of the United States shall
(12), and (13) as paragraphs (9), (10), (11), and
                                                               AND TRADE).                              prepare for the Secretary of the Treasury’’
(12), respectively.
                                                       Section 31(b)(1)(B) of the Federal Fire Pre-     and inserting ‘‘Secretary of the Treasury
   (b) ANNUAL GAO COMPLIANCE AUDIT.—
                                                    vention and Control Act of 1974 (15 U.S.C.          shall prepare’’; and
   (1) IN GENERAL.—Section 141(a)(2) of the
                                                    2227(b)(1)(B)) is amended by striking clause           (2) in subsection (c), in the second sen-
Federal Deposit Insurance Corporation Im-
                                                    (iii).                                              tence, by striking ‘‘shall periodically’’ and
provement Act of 1991 (12 U.S.C. 1823 note) is
                                                    SEC. 108. AMENDMENTS RELATING TO TITLE 16,          inserting ‘‘may’’.
amended by striking ‘‘shall annually audit’’
                                                                UNITED STATES CODE (CONSERVA-              (c) REPORTS BY THE GENERAL ACCOUNTING
and inserting ‘‘shall audit, under such condi-
                                                                TION).                                  OFFICE.—Section 4 of the Foreign Direct In-
tions as the Comptroller General determines
                                                      (a) LICENSES FOR DEVELOPMENT OF WATER             vestment and International Financial Data
to be appropriate,’’.
                                                    RESOURCES.—Section 6 of the Federal Power           Improvements Act of 1990 (22 U.S.C. 3143) is
   (2) CLERICAL AMENDMENT.—The heading for
                                                    Act (16 U.S.C. 799) is amended by striking the      amended—
paragraph (2) of section 141(a) of the Federal
                                                    last sentence.                                         (1) in subsection (a), by striking ‘‘report re-
Deposit Insurance Corporation Improvement
                                                      (b) AUDIT OF THE BROWNSVILLE WETLANDS             quired under’’ and inserting ‘‘reports re-
Act of 1991 (12 U.S.C. 1823 note) is amended
                                                    POLICY CENTER.—Section 202(d)(4) of the             ferred to in’’; and
by striking ‘‘ANNUAL GAO’’ and inserting
                                                    Brownsville Wetlands Policy Act of 1994 (108           (2) in subsection (b)—
‘‘GAO’’.
   (c) QUARTERLY REPORT ON FDIC COMPLI-             Stat. 338) is repealed.                                (A) by striking ‘‘(b)’’ and all that follows
ANCE WITH LIMITS ON OUTSTANDING OBLIGA-
                                                      (c) AUDIT OF CENTRAL UTAH PROJECT COST            through ‘‘shall submit’’ and inserting ‘‘(b)
TIONS.—Section 102 of the Federal Deposit In-       ALLOCATION.—Section 211 of the Reclamation          REPORTS.—Consistent with the provisions of
surance Corporation Improvement Act of              Projects Authorization and Adjustment Act           this section, the Comptroller General may
1991 (12 U.S.C. 1825 note) is amended by strik-     of 1992 (Public Law 102–575) is amended—            submit’’;
ing subsection (b).                                   (1) by striking ‘‘Comptroller General of the         (B) by striking ‘‘Congress, a report’’ and
   (d) PROMPT CORRECTIVE ACTION: GAO RE-            United States’’ and inserting ‘‘Inspector           inserting ‘‘Congress reports’’;
VIEW.—Section 38(k)(5) of the Federal De-           General of the Department of the Interior’’;           (C) in paragraph (1) by striking ‘‘the report
posit Insurance Act (12 U.S.C. 1831o(k)(5)) is      and                                                 of the Secretary of Commerce’’ and inserting
amended to read as follows:                           (2) by striking ‘‘in accordance with regula-      ‘‘reports issued by the Secretary of Com-
   ‘‘(5) GAO REVIEW.—The Comptroller Gen-           tions which the Comptroller General shall           merce under section 3’’; and
eral of the United States shall, under such         prescribe’’.                                           (D) by striking the last sentence of the
conditions as the Comptroller General deter-          (d) REPORT ON GLEN CANYON COSTS AND               subsection.
mines to be appropriate, review reports made        BENEFITS.—Section 1804 of the Reclamation           SEC. 112. AMENDMENTS RELATING TO TITLE 25,
under paragraph (1) and recommend im-               Projects Authorization and Adjustment Act                       UNITED STATES CODE (INDIANS).
provements in the supervision of insured de-        of 1992 (Public Law 102–575) is amended—              (a) COPIES OF INDIAN SERVICE CONTRACTS.—
pository institutions (including the imple-           (1) by striking subsection (b); and               Section 7 of the Act of March 3, 1875 (25
mentation of this section).’’.                        (2) by redesignating subsections (c), (d),        U.S.C. 96), is repealed.
   (e) GAO REPORTS ON RISK-BASED INSURANCE          and (e) as subsections (b), (c), and (d), respec-     (b) COPIES OF INDIAN SERVICE CONTRACT
PREMIUMS, ACCESS TO ASSOCIATION CAPITAL,            tively.                                             BIDS.—Section 3 of the Act of August 15, 1876
AND      SUPPLEMENTAL        PREMIUMS.—Section      SEC. 109. AMENDMENTS RELATING TO TITLE 18,          (25 U.S.C. 97), is amended by striking ‘‘; and
204(a) of the Farm Credit Banks and Associa-                    UNITED STATES CODE (CRIMES AND          an abstract of all bids or proposals received
tions Safety and Soundness Act of 1992 (Pub-                    CRIMINAL PROCEDURE).                    for the supplies or services embraced in any
lic Law 102–552; 106 Stat. 4106; 12 U.S.C. 2277a–     (a) PRESIDENTIAL PROTECTION ASSISTANCE:           contract shall be attached to, and filed with,
4 note) is amended by striking ‘‘shall’’ and        DETERMINATION OF FAIR MARKET VALUE OF               the said contract when the same is filed in
inserting ‘‘may’’.                                  IMPROVEMENTS.—Section 5(b) of the Presi-            the office of the Second Comptroller of the
   (f) REVIEW OF FEDERAL AGRICULTURAL               dential Protection Assistance Act of 1976           Treasury’’ and inserting in lieu thereof a pe-
MORTGAGE CORPORATION GUARANTEE FEES.—               (Public Law 94–524; 90 Stat. 2476; 18 U.S.C.        riod.
Section 8.10(b)(4) of the Farm Credit Act of        3056 note) is amended by striking ‘‘Comptrol-       SEC. 113. AMENDMENT RELATING TO TITLE 26,
1971 (12 U.S.C. 2279aa–10(b)(4)) is amended—        ler General of the United States’’ and insert-                 UNITED STATES CODE (INTERNAL
   (1) in the paragraph heading, by striking        ing ‘‘Director’’.                                              REVENUE CODE).
‘‘ANNUAL REVIEW’’ and inserting ‘‘REVIEW’’;           (b) DISPUTES OVER PURCHASE OF PRISON-               Section 7608(c)(2) of the Internal Revenue
and                                                 MADE PRODUCTS BY FEDERAL DEPART-                    Code of 1986 (26 U.S.C. 7608(c)(2)), is amended
   (2) by striking ‘‘shall annually’’ and insert-   MENTS.—Section 4124(b) of title 18, United          by striking ‘‘and the Comptroller General of
ing ‘‘may’’.                                        States Code, is amended by striking ‘‘Comp-         the United States’’.
September 4, 1996                              CONGRESSIONAL RECORD — HOUSE                                                                    H9943
SEC. 114. AMENDMENT RELATING TO TITLE 28,                (E) Section 204(f)(1) of the Social Security     Section 16 of the Contract Settlement Act of
           UNITED STATES CODE (JUDICIARY              Act (42 U.S.C. 404(f)(1)) is amended by strik-      1944 (41 U.S.C. 116) is repealed.
           AND JUDICIAL PROCEDURE).                   ing ‘‘3711(f)’’ and inserting ‘‘3711(e)’’.            (b) RECORDS OF WAR CONTRACT FINANCING
  Section 2410(e) of title 28, United States             (h) AUDIT OF PROCEEDS FROM SALES OF              AND TERMINATIONS.—Section 18(a) of the Con-
Code, is amended by striking, in the second           COMMEMORATIVE COINS.—Section 303 of Pub-            tract Settlement Act of 1944 (41 U.S.C. 118(a))
sentence, ‘‘shall so report to the Comptroller        lic Law 103–186 (31 U.S.C. 5112 note) is amend-     is amended—
General who’’.                                        ed—                                                   (1) by striking ‘‘(1)’’; and
SEC. 115. AMENDMENTS RELATING TO TITLE 31,               (1) by striking ‘‘Before the end of the 1-         (2) by striking ‘‘; and (2) the records in con-
            UNITED STATES CODE (MONEY AND             year period’’ and all that follows through          nection therewith to be transmitted to the
            FINANCE).
                                                      ‘‘the Comptroller General of the United             General Accounting Office’’.
   (a) TREATMENT OF RECORDS CONTAINING                States shall’’ and inserting ‘‘The Comptrol-          (c) COPIES OF CONTRACTS AND ADMINISTRA-
BANKING       AGENCY     INFORMATION.—Section         ler General of the United States may’’; and         TIVE DETERMINATIONS.—Section 307(b) of the
714(d) of title 31, United States Code, is                                                                Federal Property and Administrative Serv-
                                                         (2) by striking ‘‘sale of such coins’’ and in-
amended by striking the last sentence of                                                                  ices Act of 1949 (41 U.S.C. 257(b)) is amended
                                                      serting ‘‘sale of commemorative coins’’.
paragraph (1) and by amending paragraph (2)              (i) REPORT ON IMPLEMENTATION OF INTER-           by striking the second sentence.
to read as follows:                                   GOVERNMENTAL FINANCING.—Section 6 of the            SEC. 122. AMENDMENTS RELATING TO TITLE 42,
   ‘‘(2) The Comptroller General shall prevent                                                                        UNITED STATES CODE (PUBLIC
                                                      Cash Management Improvement Act of 1990
unauthorized access to records or property of                                                                         HEALTH AND WELFARE).
                                                      (31 U.S.C. 6503 note) is repealed.
or used by an agency that the Comptroller                (j) CONSULTATION ON ACCOUNTING, AUDIT              (a) CONSULTATION ON ADMINISTRATIVE EX-
General obtains during an audit.’’.                   AND FISCAL PROCEDURES.—Section 6703(d)(6)           PENSES OF THE NATIONAL INSTITUTES OF
   (b) REPORT ON AUDITS AND CONFIDENTIALITY                                                               HEALTH.—Section 408(a)(3) of the Public
                                                      of title 31, United States Code, is amended by
OF TAXPAYER INFORMATION.—Section 719 of                                                                   Health Service Act (42 U.S.C. 284c(a)(3)) is
                                                      striking ‘‘after consultation with the Comp-
title 31, United States Code, is amended—                                                                 amended by striking the last sentence.
                                                      troller General of the United States’’.
   (1) by striking subsection (d); and                   (k) REVIEWS OF LOCAL PARTNERSHIP ACT                (b) AUDIT OF NATIONAL FOUNDATION FOR
   (2) by redesignating subsections (e), (f), (g),    PROGRAM.—Section 6718(b) of title 31, United        BIOMEDICAL RESEARCH.—Section 499(n) of the
(h), and (i) as subsections (d), (e), (f), (g), and   States Code, is amended by striking ‘‘shall’’       Public Health Service Act (42 U.S.C. 290b(n))
(h), respectively.                                    each place it appears and inserting ‘‘may’’.        is repealed.
   (c) COMPLIANCE REPORTING ON ADMINISTRA-            SEC. 116. AMENDMENT TO TITLE 32, UNITED                (c) CONSULTATION AND REPORTS ON GRANTS
TIVE EXPENSES.—Section 308(c) of the Legis-                      STATES CODE (NATIONAL GUARD).            FOR TRANSITION FROM HOMELESSNESS.—Sec-
lative Branch Appropriations Act, 1994 (Pub-            Section 716 of title 32, United States Code,      tion 528 of the Public Health Service Act (42
lic Law 103–69; 107 Stat. 710; 31 U.S.C. 1105         is amended—                                         U.S.C. 290cc-28) is amended—
note) is amended by striking ‘‘shall’’ and in-          (1) in subsection (a)—                               (1) in subsection (a), by striking ‘‘the
serting ‘‘may’’.                                        (A) in paragraph (1), by striking ‘‘Comp-         Comptroller General of the United States,
   (d) PAYING CHECKS AND DRAFTS.—Section                                                                  and’’; and
                                                      troller General’’ and inserting ‘‘Director of
3328 of title 31, United States Code, is amend-                                                              (2) in subsection (c), by striking ‘‘Comp-
                                                      the Office of Management and Budget’’; and
ed—                                                                                                       troller General of the United States in co-
                                                        (B) in paragraph (2), by inserting ‘‘and’’ at
   (1) in subsection (a)(2), by striking ‘‘until                                                          operation with the’’ and by striking the
                                                      the end of subparagraph (A), striking sub-
the Comptroller General settles the ques-                                                                 comma after ‘‘Administration’’.
                                                      paragraph (B), redesignating subparagraph
tion’’ and inserting ‘‘until the question is                                                                 (d) CONSULTATION AND REPORT ON TRAUMA
                                                      (C) as subparagraph (B), and in that subpara-
settled’’;                                                                                                CARE GRANTS.—Section 1216(a) of the Public
                                                      graph (as so redesignated), striking ‘‘Comp-
   (2) in subsection (b)(2), by striking ‘‘on set-                                                        Health Service Act (42 U.S.C. 300d–16(a)) is
                                                      troller General’’ and inserting ‘‘Director of
tlement by the Comptroller General’’; and                                                                 amended by striking ‘‘and the Comptroller
                                                      the Office of Management and Budget’’; and
   (3) in subsection (d), by striking ‘‘With the                                                          General of the United States’’.
                                                        (2) in subsection (b), by striking ‘‘The             (e) CONSULTATION ON MENTAL HEALTH AND
approval of the Comptroller General, the’’
                                                      Comptroller General’’ and inserting ‘‘The Di-       SUBSTANCE ABUSE BLOCK GRANTS.—Section
and inserting ‘‘The’’.
   (e) WITHHOLDING CHECKS TO BE SENT TO               rector of the Office of Management and              1942(a) of the Public Health Service Act (42
FOREIGN COUNTRIES.—Section 3329(b)(4) of              Budget’’.                                           U.S.C. 300x–52(a)) is amended by striking
title 31, United States Code, is amended by           SEC. 117. AMENDMENT RELATING TO TITLE 33,           ‘‘and the Comptroller General’’.
                                                                 UNITED STATES CODE (NAVIGATION              (f) STATE REPORTS ON MATERNAL AND CHILD
striking the last two sentences and inserting                    AND NAVIGABLE WATERS).
‘‘The Secretary shall credit the accounts of                                                              HEALTH PROGRAMS.—Section 506(a)(1) of the
                                                        Section 214 of the Water Resources Devel-         Act of August 14, 1935, ch. 531 (42 U.S.C.
the drawer and drawee.’’.
                                                      opment Act of 1992 (106 Stat. 4831–4832; 33         706(a)(1)) is amended by striking ‘‘and the
   (f) PROPERTY RETURNS.—
                                                      U.S.C. 2281 note) is repealed.                      Comptroller General’’.
   (1) REPEAL.—Section 3531 of title 31, United
                                                      SEC. 118. AMENDMENT TO TITLE 37, UNITED                (g) REVIEW HHS CALCULATION OF REIM-
States Code, is repealed.                                        STATES CODE (PAY AND ALLOW-
   (2) CLERICAL AMENDMENT.—The table of                                                                   BURSEMENT RATE.—Section 4204(b) of the Om-
                                                                 ANCES OF THE UNIFORMED SERV-
sections at the beginning of chapter 35 of                                                                nibus Budget Reconciliation Act of 1990 (42
                                                                 ICES).
title 31, United States Code, is amended by                                                               U.S.C. 1395mm note) is amended—
                                                         Section 902(b) of title 37, United States
striking the item relating to section 3531.                                                                  (1) by striking paragraph (4);
                                                      Code, is amended by striking ‘‘the General
   (g) CLAIMS COLLECTION AND COMPROMISE.—                                                                    (2) in paragraph (5), by striking ‘‘Taking
                                                      Accounting Office, under the direction of the
   (1) IN GENERAL.—Section 3711 of title 31,                                                              into account the recommendations made
                                                      Secretary of the Navy, may’’ and inserting
United States Code, is amended—                                                                           pursuant to paragraph (4), on’’ and inserting
                                                      ‘‘the Secretary of the Navy may’’.
   (A) in subsection (a)(2), by inserting before                                                          ‘‘On’’; and
                                                      SEC. 119. AMENDMENT TO TITLE 38, UNITED
the semicolon the following: ‘‘, except that                     STATES CODE (VETERANS’ BENE-
                                                                                                             (3) by redesignating paragraph (5) as para-
only the Comptroller General may com-                            FITS).                                   graph (4).
promise a claim arising out of an exception             Section 711(d) of title 38, United States            (h) STUDY OF OWNERSHIP OF PROVIDERS OF
                                                      Code, is amended by inserting ‘‘, upon re-          MEDICARE SERVICES BY REFERRING PHYSI-
the Comptroller General makes in the ac-
                                                                                                          CIANS.—
count of an accountable official’’;                   quest of either of such Committees,’’ in the
                                                      first sentence after ‘‘the Comptroller Gen-            (1) Section 6204(e) of the Omnibus Budget
   (B) by striking subsection (b);
                                                      eral shall’’.                                       Reconciliation Act of 1989 (42 U.S.C. 1395nn
   (C) by redesignating subsections (c), (d),
                                                                                                          note) is repealed.
(e), and (f) and the first subsection (g) in          SEC. 120. AMENDMENTS RELATING TO TITLE 40,
                                                                  UNITED STATES CODE (PUBLIC                 (2) Section 6204(f) of the Omnibus Budget
order as subsections (b), (c), (d), (e), and (f);
                                                                  BUILDINGS,  PROPERTY,    AND            Reconciliation Act of 1989 (42 U.S.C. 1395nn
and
                                                                  WORKS).                                 note) is amended by striking ‘‘and the Comp-
   (D) in subsection (d) (as so redesignated),                                                            troller General’’.
by striking ‘‘and the Comptroller General’’             (a) PAYMENT OF EXPENSES OF SALES FROM
                                                      PROCEEDS.—Section 1 of the Act of June 8,              (i) REPORTS ON PRESCRIPTION DRUG PRIC-
and by striking ‘‘jointly’’ from paragraph (2).                                                           ING.—Section 4401(d) of the Omnibus Budget
                                                      1896 (29 Stat. 268; 40 U.S.C. 485a) is amended
   (2) CONFORMING AMENDMENTS.—                                                                            Reconciliation Act of 1990 (42 U.S.C. 1396r–8
                                                      by striking ‘‘, as approved by the accounting
   (A) Section 3701(d) of title 31, United                                                                note) is amended—
                                                      officers of the Treasury,’’.
States Code, is amended by striking ‘‘3711(f)’’         (b) FURNISHING DETERMINATIONS TO THE                 (1) in paragraph (2), by—
and inserting ‘‘3711(e)’’.                            GENERAL        ACCOUNTING     OFFICE.—Section          (A) striking ‘‘By not later than May 1 of
   (B) Section 552a of title 5, United States         210(a)(8) of the Federal Property and Admin-        each year, the’’ and inserting ‘‘The’’;
Code, is amended by striking ‘‘3711(f)’’ each         istrative Services Act of 1949 (40 U.S.C.              (B) striking ‘‘an annual’’ and inserting
place it appears and inserting ‘‘3711(e)’’.           490(a)(8)) is amended by striking ‘‘. A copy of     ‘‘a’’; and
   (C) Section 2780(b) of title 10, United States     every such determination so made shall be              (C) striking ‘‘retail and’’; and
Code, is amended by striking ‘‘3711(f)’’ and          furnished to the General Accounting Office’’.          (2) by striking paragraph (6).
inserting ‘‘3711(e)’’.                                SEC. 121. AMENDMENTS RELATING TO TITLE 41,             (j) STUDY OF DEMONSTRATION TO ATTRACT
   (D) Section 4(d)(6) of the State Department                    UNITED STATES CODE (PUBLIC CON-         PENSION FUND INVESTMENT IN AFFORDABLE
Basic Authorities Act of 1956 (Chapter 841; 22                    TRACTS).                                HOUSING.—Section 6 of the HUD Demonstra-
U.S.C. 2671(d)(6)) is amended by striking              (a) COMPTROLLER GENERAL REVIEW OF                  tion Act of 1993 (42 U.S.C. 1437f) is amended
‘‘3711(f)’’ and inserting ‘‘3711(e)’’.                FRAUDULENT WAR CONTRACT SETTLEMENTS.—               by—
H9944                                        CONGRESSIONAL RECORD — HOUSE                                                   September 4, 1996
   (1) striking subsection (i); and                   (u) CONSULTATION ON ACCOUNTING, AUDIT            SEC. 126. AMENDMENTS RELATING TO TITLE 47,
   (2) redesignating subsection (j) as sub-         AND FISCAL PROCEDURES.—Section 30203(b)(5)                     UNITED   STATES  CODE   (TELE-
                                                    of the Violent Crime Control and Law En-                       GRAPHS, TELEPHONES, AND RADIO-
section (i).
                                                                                                                   TELEGRAPHS).
   (k) AUDIT OF HUD LOW-INCOME HOUSING AC-          forcement Act of 1994 (42 U.S.C. 13753(b)(5)) is
COUNTS.—Section        10(a)(2) of the United       amended by striking ‘‘after consultation             (a) APPROVE STANDARDS ADOPTED BY THE
States Housing Act of 1937 (42 U.S.C. 1437h) is     with the Comptroller General of the United         CORPORATION FOR PUBLIC BROADCASTING FOR
amended by—                                         States’’.                                          VALUING       VOLUNTEER     SERVICES.—Section
   (1) striking ‘‘annually’’;                         (v) STUDY OF SKILLED NURSING FACILI-             397(9) of the Communications Act of 1934 (47
   (2) striking, after ‘‘accounts which’’,          TIES.—Section 6026 of the Omnibus Budget           U.S.C. 397(9)) is amended, in the last sen-
‘‘shall’’, and inserting ‘‘may’’;                   Reconciliation Act of 1989 (Public Law 101–        tence—
   (3) striking ‘‘in accordance with the prin-      239) is repealed.                                    (1) by striking ‘‘and approved by the Comp-
ciples and procedures applicable to commer-           (w) REPORT ON GEOGRAPHIC COST ADJUST-            troller     General    pursuant    to    section
cial transactions’’; and                            MENT FOR DURABLE MEDICAL EQUIPMENT.—               396(g)(5)’’; and
   (4) striking ‘‘, and no other audit shall be     Section 135(c)(2) of the Social Security Act         (2) by striking ‘‘with respect to such serv-
required’’.                                         Amendments of 1994 (Public Law 103–432) is         ices provided to public telecommunications
   (l) REPORT ON THE FAMILY SELF-SUFFI-             amended—                                           entities after such standards are approved by
CIENCY PROGRAM.—Section 23(m) of the Unit-            (1) by striking the dash and ‘‘(A)’’ and in-     the Comptroller General and only’’.
ed States Housing Act of 1937 (42 U.S.C.            serting a comma, and
                                                                                                         (b) REPORT ON PAYMENTS BY ATTORNEY
1437u(m)) is amended—                                 (2) by striking ‘‘; and’’ and all that follows
                                                                                                       GENERAL TO CARRIERS FOR INTERCEPTION OF
   (1) in paragraph (1)—                            and inserting a period.
                                                                                                       COMMUNICATIONS.—
   (A) by striking ‘‘shall’’, and inserting         SEC. 123. AMENDMENTS RELATING TO TITLE 44,
                                                                UNITED STATES CODE (PUBLIC
                                                                                                         (1) Section 112(b)(1) of the Communications
‘‘may’’; and                                                                                           Assistance for Law Enforcement Act (47
                                                                PRINTING AND DOCUMENTS).
   (B) by striking ‘‘(1) IN GENERAL.—’’; and                                                           U.S.C. 1010(b)(1)) is amended by amending
                                                      (a) AUDIT OF GOVERNMENT        PRINTING OF-
   (2) by striking paragraph (2).                                                                      the matter preceding subparagraph (A) to
                                                    FICE.—Section 309 of title 44,   United States
   (m) METHODOLOGY OF STUDY.—Section                                                                   read as follows:
211(B)(f)(2) of Public Law 101–515, as amended      Code, is amended—
                                                      (1) by amending subsection (d) to read as          ‘‘(1) On or before April 1, 1996, the Comp-
by the Violent Crime Control and Law En-                                                               troller General of the United States, and
forcement Act of 1994, is amended by strik-         follows:
                                                      ‘‘(d) The Inspector General of the Govern-       every two years thereafter, the Inspector
ing ‘‘shall serve’’ and all that follows                                                               General of the Department of Justice, shall
                                                    ment Printing Office shall audit the finan-
through ‘‘approve’’ and inserting ‘‘may serve                                                          submit to the Congress a report, after con-
                                                    cial and operational activities of the Govern-
in an advisory capacity, may oversee the                                                               sultation with the Attorney General and the
                                                    ment Printing Office each year. The audits
methodology, and may approve’’.                                                                        telecommunications industry—’’.
   (n) STUDIES OF INCENTIVE GRANTS FOR              shall be conducted under the direction of the
                                                    Joint Committee on Printing. For purposes            (2) Section 112(b)(2) of the Communications
LOCAL       DELINQUENCY       PREVENTION     PRO-
                                                    of the audits, the Inspector General shall         Assistance for Law Enforcement Act (47
GRAMS.—Section 5(b) of the Act of November
                                                    have such access to the records, files, person-    U.S.C. 1010(b)(2)) is amended—
4, 1992 (42 U.S.C. 5781 note, Public Law 102–
586), is amended to read as follows:                nel, and facilities of the Government Print-         (A) after ‘‘include’’, by striking ‘‘the’’; and
   ‘‘(b) GAO STUDIES AND REPORTS.—Under             ing Office as the Inspector General considers        (B) by striking ‘‘of the Comptroller Gen-
such conditions as the Comptroller General          appropriate. The Inspector General shall fur-      eral’’.
of the United States determines appropriate,        nish reports of the audits to the Congress         SEC. 127. AMENDMENTS RELATING TO TITLE 49,
the General Accounting Office may conduct           and the Public Printer.’’; and                                 UNITED STATES CODE (TRANSPOR-
studies and report to Congress on the effects         (2) by adding at the end the following new                   TATION).
of the program established by subsection (a)        subsections:                                         (a) AUDIT OF ACCOUNTS OF DEPARTMENT OF
in encouraging States and units of general            ‘‘(e) The Public Printer shall prepare an
                                                                                                       TRANSPORTATION.—Section 5334(c)(2) of title
local government to comply with the re-             annual financial statement meeting the re-
                                                                                                       49, United States Code, is amended by strik-
quirements of part B of title II of the Juve-       quirements of section 3515(b) of title 31, Unit-
                                                                                                       ing ‘‘the Comptroller General shall’’ and in-
nile Justice and Delinquency Prevention Act         ed States Code. Each financial statement
                                                                                                       serting ‘‘for’’.
of 1974 (42 U.S.C. 5631–5633).’’.                   shall be audited in accordance with applica-
                                                    ble generally accepted Government auditing           (b) REPORT ON MASS TRANSPORTATION
   (o) AUDITS OF RECIPIENTS OF LOAN GUARAN-                                                            NEEDS.—Sections 5335(c) and 5335(d) of title
TEES FOR ALTERNATIVE FUEL DEMONSTRATION             standards—
                                                      ‘‘(1) by an independent external auditor se-     49, United States Code, are each amended by
FACILITIES.—Section 19(x)(1) of the Federal                                                            striking ‘‘and in January of every 2d year
Nonnuclear Energy Research and Develop-             lected by the Public Printer, or
                                                      ‘‘(2) at the request of the Joint Committee      after 1993’’.
ment Act of 1974 (42 U.S.C. 5919(x)(1)) is
amended—                                            on Printing, by the Inspector General of the         (c) AUDIT OF FINANCIAL ASSISTANCE FOR
   (1) in subparagraph (A), by striking ‘‘(A)’’;    Government Printing Office.                        LOCAL RAIL FREIGHT SERVICE.—Section
and                                                   ‘‘(f) The Comptroller General of the United      22107(b) of title 49, United States Code, is
   (2) by striking subparagraph (B).                States may audit the financial statement           amended by striking ‘‘and the Comptroller
   (p) REPORT ON USE OF SUBPOENA AUTHORITY          prepared under subsection (e) at his or her        General’’.
TO GET ENERGY INFORMATION.—Section 502(f)           discretion or at the request of the Joint            (d) TRANSPORTATION BY FOREIGN AIR CAR-
of the Energy Policy and Conservation Act           Committee on Printing. An audit by the             RIERS.—Section 40118(c) of title 49, United
(42 U.S.C. 6382(f)) is repealed.                    Comptroller General shall be in lieu of the        States Code, is amended by striking ‘‘Comp-
   (q) CONSULTATION WITH THE SECRETARY OF           audit otherwise required by that sub-              troller General shall’’ and inserting ‘‘Admin-
ENERGY CONCERNING TERMINATION OF LOAN               section.’’.                                        istrator of General Services shall prescribe
GUARANTEES.—Section 451 of the Energy                 (b) PUBLICATION OF DECISIONS OF THE COMP-        regulations under which agencies may’’.
Conservation in Existing Buildings Act of           TROLLER GENERAL.—
                                                                                                         (e) AUDIT OF AVIATION INSURANCE OFFERED
1976 (42 U.S.C. 6881) is amended, in subsection       (1) Section 1311 of title 44, United States
                                                                                                       BY DEPARTMENT OF TRANSPORTATION.—Sec-
(d) and in the first sentence of subsection         Code, is repealed.
                                                                                                       tion 44308(e) of title 49, United States Code,
(e)(1), by striking ‘‘and the Comptroller Gen-        (2) The table of sections for chapter 13 of
                                                                                                       is amended by striking ‘‘. The Comptroller
eral’’.                                             title 44, United States Code, is amended by
                                                                                                       General shall audit those accounts’’ and in-
   (r) REPORT ON POLLUTION CONTROL STRATE-          striking out the item relating to section
                                                                                                       serting ‘‘for audit’’.
GIES AND EMPLOYMENT EFFECTS OF CLEAN AIR            1311.
                                                    SEC. 124. AMENDMENT RELATING TO TITLE 45,
                                                                                                         (f) AUDIT OF FINANCIAL ASSISTANCE FOR
ACT AMENDMENTS OF 1990.—Section 812(b) of
                                                               UNITED STATES CODE (RAILROADS).         AIRPORT AND AIRWAY DEVELOPMENT.—Sec-
the Clean Air Act Amendments of 1990 (42
U.S.C. 7612 note) is repealed.                        Section 1036(f) of the Intermodal Surface        tion 47121(c) of title 49, United States Code,
   (s) REPORT ON ENERGY CONSERVATION BY             Transportation Efficiency Act of 1991 (45          is amended—
FEDERAL AGENCIES.—Section 801(c) of the             U.S.C. 831 note) is amended by striking ‘‘and        (1) in the first sentence, by striking
National Energy Conservation Policy Act (42         annually thereafter,’’.                            ‘‘Comptroller General’’ and inserting ‘‘Sec-
U.S.C. 8287(c)) is amended—                         SEC. 125. AMENDMENT RELATING TO TITLE 46,          retary’’;
   (1) in paragraph (1), by striking ‘‘(1)’’; and              UNITED STATES CODE (SHIPPING).            (2) in the second sentence—
   (2) by striking paragraph (2).                     Section 901(a) of the Merchant Marine Act          (A) by striking ‘‘Not later than April 15 of
   (t) EVALUATION OF HOMELESS ASSISTANCE            of 1936 (46 U.S.C. App. 1241(a)) is amended—       each year, the’’, and inserting ‘‘The’’; and
PROGRAMS.—Section 105 of the Stewart B.               (1) by striking ‘‘: Provided, That the Comp-       (B) by striking ‘‘shall’’ and inserting
McKinney Homeless Assistance Act (42                troller General of the United States’’ and in-     ‘‘may’’; and
U.S.C. 11304) is amended—                           serting ‘‘. The Administrator of General             (3) by striking the third sentence.
   (1) by striking ‘‘shall annually’’ and insert-   Services shall prescribe regulations under           (g) STUDY OF ENHANCED PROCUREMENT AU-
ing ‘‘may’’; and                                    which agencies’’; and                              THORITY FOR FEDERAL AVIATION ADMINISTRA-
   (2) by striking ‘‘, and submit to the Con-         (2) by striking ‘‘credit any allowance’’ and     TION.—Section 9206 of the Omnibus Budget
gress an annual summary of the status of            inserting ‘‘pay for or reimburse officers or       Reconciliation Act of 1990 (Public Law 101–
each program authorized under this Act’’.           employees’’.                                       508) is repealed.
September 4, 1996                             CONGRESSIONAL RECORD — HOUSE                                                                   H9945
SEC. 128. AMENDMENTS RELATING TO TITLE 50,             (b) SETTLEMENT OF ACCOUNTS OF DECEASED              (B) by striking ‘‘Comptroller General’’ in
            UNITED STATES CODE (WAR AND NA-          EMPLOYEES.—Section 5583 of title 5, United         paragraphs (2) and (3) and inserting ‘‘Sec-
            TIONAL DEFENSE).                         States Code, is amended—                           retary’’.
  (a) AUDIT OF TERMINATION PAYMENTS ON                 (1) in subsection (a) by striking ‘‘Comptrol-       (k) PAYMENT OF JUDGMENTS AND COM-
CONTRACTS FOR CERTAIN AIR DEFENSE SYS-               ler General of the United States’’ and insert-     PROMISE SETTLEMENTS.—Section 2414 of title
TEMS.—Section 1 of the Act of March 30, 1949         ing ‘‘Director of the Office of Personnel Man-     28, United States Code, is amended in the
(62 Stat. 17; 50 U.S.C. 491), is amended in the      agement’’; and                                     first paragraph by striking ‘‘General Ac-
third sentence of the second paragraph—                (2) in subsection (b) by striking the first      counting Office’’ each place it appears and
  (1) by striking ‘‘no termination payment           sentence and inserting: ‘‘The Director may         inserting ‘‘Secretary of the Treasury’’.
shall be final until audited and approved            by regulation prescribe the method for set-           (l) PAYMENT OF JUDGMENTS.—Section
by’’;                                                tlement of accounts payable under sub-             2517(a) of title 28, United States Code, is
  (2) by striking ‘‘which’’ after ‘‘General Ac-      section (a) of this section.’’.                    amended by striking ‘‘General Accounting
counting Office’’; and                                 (c) REMISSION OF LIQUIDATED DAMAGES.—            Office’’ and inserting ‘‘Secretary of the
  (3) by inserting ‘‘of audit’’ after ‘‘purpose’’.   Section 2312 of title 10, United States Code,      Treasury’’.
  (b) DETERMINATIONS OF ENTITLEMENT TO               is amended by striking ‘‘Comptroller Gen-             (m) JUDGMENT FUND CERTIFICATIONS.—Sec-
WAR CLAIM AWARDS.—Section 213(d) of the                                                                 tion 1304 of title 31, United States Code, is
                                                     eral’’ and inserting ‘‘Secretary of the Treas-
War Claims Act of 1948 (50 U.S.C. App.                                                                  amended by striking ‘‘Comptroller General’’
                                                     ury’’.
                                                       (d) DISPOSITION OF UNCLAIMED PROPERTY.—          each place it appears and inserting ‘‘Sec-
2017l(d)) is amended by striking ‘‘Comptrol-
                                                                                                        retary of the Treasury’’.
ler General’’ and inserting ‘‘Secretary of the       Section 2575(d) of title 10, United States
                                                                                                           (n) CLAIMS SETTLEMENT.—
Treasury’’.                                          Code, is amended by striking ‘‘Comptroller
                                                                                                           (1) IN GENERAL.—Section 3702 of title 31,
  (c) FOREIGN POLICY CONTROLS: CONSULTA-             General of the United States’’ both places it
                                                                                                        United States Code, is amended—
TION WITH CONGRESS.—Section 6(f)(3) of the           appears and inserting ‘‘Secretary of De-
                                                                                                           (A) in the heading by striking ‘‘of the
Export Administration Act of 1979 (50 U.S.C.         fense’’.
                                                                                                        Comptroller General’’;
App. 2405(f)(3)) is amended by striking the            (e) PAYMENT OF CLAIMS.—Sections 2733(d)
                                                                                                           (B) by amending subsection (a) to read as
second sentence.                                     and 2734(d) of title 10, United States Code,
                                                                                                        follows:
SEC. 129. AMENDMENT RELATING TO THE DIS-             are amended by striking ‘‘Comptroller Gen-
                                                                                                           ‘‘(a) Except as provided in this chapter or
           TRICT OF COLUMBIA                         eral’’ and inserting ‘‘Secretary of the Treas-     another law, all claims of or against the
   Section 145 of the District of Columbia Re-       ury’’.                                             United States Government shall be settled as
                                                       (f) SETTLEMENT OF ACCOUNTS OF DECEASED
tirement Reform Act (sec. 1–725, D.C. Code)                                                             follows:
                                                     MEMBERS.—Section 2771(c) of title 10, United
is amended as follows:                                                                                     ‘‘(1) The Secretary of Defense shall settle—
                                                     States Code, is amended to read as follows:
   (1) In subsection (b)—                                                                                  ‘‘(A) claims involving uniformed service
                                                       ‘‘(c) Payments under subsection (a) shall
   (A) in paragraph (1)—                                                                                members’ pay, allowances, travel, transpor-
                                                     be made by the Secretary of Defense.’’.
   (i) by striking ‘‘(1)’’,                            (g) DISPOSITION OF EFFECTS OF DECEASED           tation, retired pay, and survivor benefits;
   (ii) by striking ‘‘and the Comptroller Gen-       MEMBERS.—Sections 4712 and 9712 of title 10,       and
eral’’, and                                          United States Code, are amended by striking           ‘‘(B) claims by transportation carriers in-
   (iii) by striking ‘‘each’’ the first and third    subsection (g).                                    volving amounts collected from them for
places it appears; and                                 (h)     SETTLEMENT       OF   INTERNATIONAL      loss or damage incurred to property incident
   (B) by striking paragraphs (2) and (3).           CLAIMS.—Section 7 of the International             to shipment at Government expense.
   (2) In subsection (c)(1), by striking ‘‘Comp-     Claims Settlement Act of 1949 (22 U.S.C. 1626)        ‘‘(2) The Director of the Office of Personnel
troller General pursuant to subsection (b)’’         is amended—                                        Management shall settle claims involving
and inserting ‘‘enrolled actuary pursuant to           (1) in subsection (c)—                           Federal civilian employees’ compensation
subsection (a)’’.                                      (A) in paragraph (1) by striking ‘‘Comptrol-     and leave.
   (3) In subsection (c)(3)(A)—                      ler General’’ and inserting ‘‘Secretary of the        ‘‘(3) The Administrator of General Services
   (A) by striking ‘‘Comptroller General pur-        Treasury’’; and                                    shall settle claims involving expenses in-
suant to subsection (b)’’ and inserting ‘‘en-          (B) in paragraph (2) by striking ‘‘Comptrol-     curred by Federal civilian employees for offi-
rolled actuary pursuant to subsection (a)’’;         ler General of the United States’’ and insert-     cial travel and transportation, and for relo-
   (B) by striking ‘‘and the Comptroller Gen-        ing ‘‘Secretary of the Treasury’’; and             cation expenses incident to transfers of offi-
eral’’; and                                            (2) in subsection (d) by striking ‘‘, or the     cial duty station.
   (C) by striking ‘‘of the Comptroller Gen-         Comptroller General of the United States, as          ‘‘(4) The Director of the Office of Manage-
eral’’.                                              the case may be,’’.                                ment and Budget shall settle claims not oth-
   (4) In subsection (c)(3)(B), by striking ‘‘the      (i) ESTATES OF DECEDENTS.—Section 1709 of        erwise provided for by this subsection or an-
Comptroller General, the Board,’’ and insert-        the Revised Statutes (22 U.S.C. 4195) is           other provision of law.’’;
ing ‘‘the Board’’.                                   amended—                                              (C) in subsection (b)(1), by amending that
   (5) In subsection (c)(3)(C)(1)—                     (1) by striking ‘‘General Accounting Of-         portion of the second sentence preceding sub-
   (A) by striking ‘‘The Comptroller General,        fice’’ each place it appears and inserting         paragraph (A) to read ‘‘The claim must be re-
on the basis of such reports from the Board          ‘‘Department of State’’;                           ceived by the official responsible under sub-
and’’ and inserting ‘‘The Board, on the basis          (2) in the penultimate paragraph—                section (a) for settling the claim or by the
of such reports from’’;                                (A) in the first sentence, by striking           agency that conducts the activity from
   (B) by striking ‘‘The Comptroller General         ‘‘Comptroller General of the United States,        which the claim arises within 6 years after
shall report the amount of such reduction so         or such member of the General Accounting           the claim accrues except—’’;
caused to the Board and’’ and inserting ‘‘The        Office as he may duly empower to act as his           (D) in subsection (b)(2) by striking ‘‘pre-
Board shall report the amount of such reduc-         representative for the purpose,’’ and insert-      sented to the Comptroller General’’ and in-
tion so caused’’; and                                ing ‘‘Secretary of State or the Secretary’s        serting ‘‘received’’, and by striking ‘‘clause’’
   (C) by striking ‘‘he receives’’ and inserting     representative’’; and                              and inserting ‘‘paragraph’’;
‘‘the Board receives’’.                                (B) by striking ‘‘Comptroller General’’ and         (E) by amending subsection (b)(3) to read
   (6) In subsection (c)(3)(C)(2), by striking       inserting ‘‘Secretary of State’’; and              as follows:
‘‘by the Comptroller General’’.                        (3) in the last paragraph—                          ‘‘(3) A claim that is not received in the
TITLE II—CONFORMING AMEND- MENTS                       (A) by striking ‘‘office’’ and inserting ‘‘de-   time required under this subsection shall be
                                                     partment’’; and                                    returned with a copy of this subsection, and
   TO ENACT TRANSFERS AND DELEGA-
                                                       (B) by striking ‘‘Comptroller General’’ and      no further communication is required.’’; and
   TIONS OF FUNCTIONS UNDER OTHER
                                                     inserting ‘‘Secretary of State’’.                     (F) in subsection (d), by striking ‘‘Comp-
   LAWS
                                                       (j) DISPOSITION OF EFFECTS OF DECEASED           troller General’’ the first place it appears
SEC. 201. PURPOSE.                                                                                      and inserting ‘‘official responsible under sub-
                                                     ARMED FORCES RETIREMENT HOME RESI-
  The purpose of this title is to amend provi-       DENTS.—Section 1520 of the Armed Forces            section (a) for settling the claim’’; and by
sions of law to reflect, update, and enact           Retirement Home Act of 1991 (24 U.S.C. 420)        striking ‘‘Comptroller General’’ every other
transfers and subsequent delegations of func-        is amended—                                        place it appears and inserting ‘‘official’’.
tions made under section 211 of the Legisla-           (1) in subsection (b)(1)(C)—                        (2) CLERICAL AMENDMENT.—Chapter 37 of
tive Branch Appropriations Act, 1996 (Public           (A) by striking ‘‘Comptroller General of         title 31, United States Code, is amended in
Law 104–53, 109 Stat. 535), as in effect imme-       the United States’’ in the second sentence         the table of sections at the beginning of the
diately before this title takes effect.              and inserting ‘‘Secretary of Defense’’; and        chapter, by amending the item relating to
SEC. 202. CONFORMING AMENDMENTS.                       (B) by striking ‘‘Comptroller General’’ in       section 3702 to read as follows:
  (a) CLAIMS FOR PROCEEDS FROM SALE OF               the third sentence and inserting ‘‘Sec-            ‘‘3702. Authority to settle claims.’’.
HOUSEHOLD AND PERSONAL EFFECTS.—Section              retary’’; and                                         (o) TRANSPORTATION CLAIMS.—Section 3726
5564(h) of title 5, United States Code, is             (2) in subsection (d)—                           of title 31, United States Code, is amended—
amended by striking ‘‘General Accounting               (A) by striking ‘‘Comptroller General of            (1) in subsection (f) by striking ‘‘and the
Office’’ each place it appears and inserting         the United States’’ in paragraph (1) and in-       Comptroller General prescribe jointly’’ and
‘‘Administrator of General Services’’.               serting ‘‘Secretary of Defense’’; and              inserting ‘‘prescribes’’; and
H9946                                       CONGRESSIONAL RECORD — HOUSE                                               September 4, 1996
   (2) in subsection (g)(1) by striking ‘‘Comp-      Mr. Speaker, the General Accounting           title I fall into one of the following two cat-
troller General’’ and inserting ‘‘Adminis-         Office has provided the U.S. Congress           egories:
trator of General Services’’.                      and the American people with informa-             Elimination of ‘‘executive’’ type functions.
   (p) SETOFF AGAINST JUDGMENTS.—Section                                                           These provisions relieve GAO of statutory
3728 of title 31, United States Code, is amend-
                                                   tion about the operation of the Federal         functions that do not further GAO’s current
ed—                                                Government since 1921. Since that               mission and are more appropriate for per-
   (1) in subsection (a) by striking ‘‘Comptrol-   time, the GAO has investigated, au-             formance by the Executive Branch. Func-
ler General’’ the first place it appears and in-   dited and testified about nearly every          tions that are still relevant to government
serting ‘‘Secretary of the Treasury’’; and         topic under the Sun. When Members of            operations are transferred to Executive
   (2) by striking ‘‘Comptroller General’’ each    Congress need accurate, objective               Branch agencies. Certain obsolete functions
place it appears thereafter and inserting          facts, they turn to the capable work of         are repealed.
‘‘Secretary’’.                                     the auditors and investigators at the             Elimination of auditing and reporting man-
   (q) SETTLEMENT OF ACCOUNTS OF DECEASED                                                          dates. These provisions relieve GAO of statu-
MEMBERS.—Section 714(c) of title 32, United        GAO.                                            tory auditing and reporting requirements,
States Code, is amended—                             However, many things have changed             while preserving GAO’s authority to conduct
   (1) in the first sentence, by striking          since 1921. Title I of this bill eliminates     the audit pursuant to a specific Congres-
‘‘Comptroller General’’ and inserting ‘‘Sec-       over 100 statutory mandates that Con-           sional request or at its own initiative. Thus,
retary concerned’’; and                            gress has previously imposed upon the           the provisions give GAO flexibility to apply
   (2) by striking the second sentence.            GAO. Most of these mandates are au-             its resources where they are most needed.
   (r) PAYMENT OF CLAIMS RELATING TO NA-           diting and reporting requirements that            Title I includes a number of other provi-
TIONAL GUARD ACTIVITIES.—Section 715(d) of                                                         sions that will enhance the efficiency of
                                                   no longer represent the most effective
title 32, United States Code, is amended by                                                        GAO’s operations, and eliminate unnecessary
striking ‘‘Comptroller General’’ and insert-       use of the GAO’s limited resources.
                                                                                                   paperwork requirements for GAO as well as
ing ‘‘Secretary of the Treasury’’.                   The bill also transfers certain execu-        Executive Branch agencies. For example,
   (s) CLAIMS FOR NET PROCEEDS FROM SALES          tive-type functions from the GAO to             title I eliminates a number of mandates for
OF HOUSEHOLD AND PERSONAL EFFECTS.—Sec-            the Office of Management and Budget             Executive agencies to submit copies of infor-
tion 554(h) of title 37, United States Code, is    and other executive branch agencies             mation to GAO where GAO is not required to
amended by striking ‘‘General Accounting           which are better suited to perform              take action with respect to the information
Office’’ each place it appears and inserting       these functions.                                and could readily obtain the information if
‘‘Secretary of Defense’’.                            The GAO has undergone a 25-percent            needed.
   (t) CANCELLATION OF CHECKS MAILED TO DE-                                                          The provisions of title I, described below,
CEASED PAYEES.—Section 5122 of title 38,
                                                   reduction in its budget over the last 2
                                                                                                   are organized by the location of the affected
United States Code, is amended by striking         years. Enactment of H.R. 3864 will help         statutory mandates in the United States
‘‘upon settlement by the General Accounting        the GAO deal with the effects of this           Code.
Office’’.                                          large budget reduction.                         SEC. 101. TRANSFERS AND TERMINATIONS OF
   (u) WAIVER OF LIQUIDATED DAMAGES.—Sec-            GAO officials have estimated that re-                    FUNCTIONS.
tion 10(a) of the Act of September 5, 1950 (64     lieving the agencies of the mandates              Section 101 contains standard transition,
Stat. 591; 41 U.S.C. 256a), is amended by          covered by this bill will result in a sav-      incidental transfer, and savings provisions
striking ‘‘Comptroller General’’ and insert-                                                       relating to those functions transferred from
                                                   ings of between $7 to $10 million, which
ing ‘‘Secretary of the Treasury’’.                                                                 GAO to Executive Branch agencies. Among
SEC. 203. REPEAL.
                                                   can be applied against the budget re-
                                                   ductions already made. The Congres-             other things, it authorizes the Director of
  Section 211 of the Legislative Branch Ap-                                                        the Office of Management and Budget (OMB)
propriations Act, 1996 (Public Law 104–53; 109     sional Budget Office has also estimated
                                                                                                   to delegate to other Executive agencies func-
Stat. 535) is amended to read as follows:          that the enactment of this bill will re-        tions transferred to OMB.
  ‘‘SEC. 211. Personnel transferred pursuant       sult in a savings consistent with the 25-       SEC. 102. AMENDMENTS RELATING TO TITLE 2,
to this section, as in effect immediately be-      percent reduction in GAO’s budget.                          UNITED STATES CODE.
fore the effective date of section 303 of the        The amendments to H.R. 3864 con-                Subsection (a) makes discretionary rather
General Accounting Office Act of 1996, shall       form the bill to the version reported by        than mandatory GAO reports on reductions
not be separated or reduced in classification                                                      in Congressional staff levels.
                                                   the Committee on Government Reform
or compensation for one year after any such                                                          Subsection (b) makes discretionary rather
transfer, except for cause.’’.                     and Oversight. A list of the mandates
                                                   that are included in this bill was cir-         than mandatory GAO investigations of appli-
SEC. 204. AUTHORITY TO RENDER DECISIONS.                                                           cations for waiver of recovery of overpay-
  Section 3529(b) of title 31, United States       culated for review by all chairs and
                                                                                                   ments to Senate employees that exceed
Code, is amended—                                  ranking members of each House com-              $1,500. It also deletes the limitation on the
  (1) by striking ‘‘The Comptroller General        mittee having jurisdiction over them.           Secretary of the Senate’s authority to grant
shall’’ and inserting ‘‘(1) Except as provided     There were no objections to the repeals         waiver when there is an exception by GAO.
in paragraph (2), the Comptroller General          and transfers now contained in the bill.        GAO rarely, if ever, conducts the type of
shall’’; and                                                                                       voucher audits that could lead to exceptions.
  (2) by adding at the end the following new                            1315                       If there was such an exception, the Secretary
paragraph:                                           Finally, H.R. 3864 has been reviewed          would still be free to take it into account
  ‘‘(2) A decision requested under this sec-       by OMB, and no objections were raised.          when deciding whether waiver is appropriate.
tion concerning a function transferred to or                                                         Subsection (c) deletes a limitation on the
                                                   Title I of the bill makes conforming
vested in the Director of the Office of Man-                                                       authority of the Speaker of the House to
agement and Budget under section 211(a) of         amendments to provisions of law that
                                                                                                   waive claims against House employees aris-
the Legislative Branch Appropriations Act,         reflect transfer of GAO functions to            ing out of erroneous payments of pay and al-
1996 (109 Stat. 535), as in effect immediately     other agencies enacted last year by             lowances if the claim is the subject of a GAO
before the effective date of title II of the       section 211 of the fiscal year 1996 Legis-      exception.
General Accounting Office Act of 1996, or          lative Branch Appropriations Act.                 Subsection (d) deletes a requirement that
under this Act, shall be issued—                     Mr. Speaker, I include in the RECORD          GAO report within 30 days on whether each
  ‘‘(A) by the Director of the Office of Man-      with my remarks a section-by-section            budget sequestration order by the President
agement and Budget, except as provided in                                                          is necessary, and whether the order and any
                                                   analysis of the bills.
subparagraph (B); or                                                                               related reports are in compliance with the
  ‘‘(B) in the case of a function delegated by      SECTION-BY-SECTION ANALYSIS OF H.R. 3864
                                                                                                   law. The amendment requires GAO to make
the Director to another agency, by the head        SECTION 1. SHORT TITLE.                         the compliance report only when asked to do
of the agency to which the function was dele-        Section 1 provides that the bill may be       so by either the Senate or House Budget
gated.’’.                                          cited as the ‘‘General Accounting Office Act    Committee.
  The SPEAKER pro tempore. Pursu-                  of 1996.’’                                      SEC. 103. AMENDMENTS RELATING TO TITLE 5,
ant to the rule, the gentleman for Ohio            TITLE I—AMENDMENTS TO LAWS AU-                              UNITED STATES CODE.
[Mr. LATOURETTE] and the gentle-                     THORIZING      AUDITING,      REPORTING,        Subsection (a) deletes the requirement for
                                                     AND OTHER FUNCTIONS BY THE GEN-               the Special Counsel of the Merit Systems
woman from New York [Mrs. MALONEY]                   ERAL ACCOUNTING OFFICE                        Protection Board to send copies of certain
each will control 20 minutes.
                                                     In general                                    documents to GAO.
  The Chair recognizes the gentleman                 Title I eliminates over 100 existing statu-     Subsection (b) deletes a requirement that
from Ohio [Mr. LATOURETTE].                        tory mandates affecting the General Ac-         GAO report to the Attorney General on cer-
  Mr. LATOURETTE. Mr. Speaker, I                   counting Office (GAO) that do not represent     tain balances owed to the government by
yield myself such time as I may                    the most efficient and effective use of GAO’s   Federal employees. The amendment sub-
consume.                                           limited resources. Most of the provisions of    stitutes the employing agency for GAO.
September 4, 1996                         CONGRESSIONAL RECORD — HOUSE                                                                 H9947
  Subsection (c) transfers from GAO to the       project to test the effectiveness of counsel-     Service protection, have increased the prop-
Office of Personnel Management (OPM) re-         ing in preventing defaults and foreclosures       erty’s fair market value. The amendment
sponsibility to prescribe regulations govern-    on FHA-insured loans.                             transfers this responsibility to the Director
ing how Federal employees designate bene-           Subsection (b) eliminates the mandate for      of the Secret Service.
ficiaries to receive money due to them in the    annual GAO audits of the Federal Deposit In-        Subsection (b) deletes the requirement
event of their deaths.                           surance Corporation and the Resolution            that the Comptroller General serve as a
  Subsection (d) transfers from GAO to OMB       Trust Corporation to determine their com-         member of a board that settles disputes over
responsibility to issue regulations and make     pliance with least cost resolution require-       purchases of Federal Prison Industry Prod-
determinations concerning waivers of recov-      ments.                                            ucts by Federal agencies. The amendment
ery of erroneous payments of pay and allow-         Subsection (c) eliminates the mandate          leaves the Attorney General, the Adminis-
ances to Federal civilian employees.             that GAO report on compliance by the Fed-         trator of General Services, and the Presi-
  Subsection (e) eliminates the requirement      eral Deposit Insurance Corporation with ob-       dent, or their representatives, as members.
that GAO consult with the Administrator of       ligation limits and repayment requirements        SEC. 110. AMENDMENTS RELATING TO TITLE 19,
General Services on annual reports concern-      after each calendar quarter in which FDIC                     UNITED STATES CODE.
ing the cost of official travel, including the   has certain obligations outstanding.                Subsection (a) eliminates the requirement
use of privately owned vehicles by Federal          Subsection (d) eliminates the requirement      that GAO conduct annual financial audits of
employees on official business.                  that GAO review annually all reports of ma-       the Customs Forfeiture Fund.
  Subsection (f) eliminates the mandate for
                                                 terial losses to deposit insurance funds.           Subsection (b) eliminates the requirement
annual GAO reports on Federal agency com-
                                                    Subsection (e) eliminates the requirement      that the Customs Service report to GAO on
pliance with requirements that Federal em-
                                                 that GAO evaluate and report on the fea-          the sale or other disposition of a business en-
ployees on temporary duty use lodgings that
                                                 sibility and appropriateness of authorizing       tity used by the Customs Service as part of
meet fire and safety standards.
                                                 the Farm Credit System Insurance Corpora-         an undercover investigation. It retains the
  Subsection (g) transfers from GAO to the
                                                 tion to establish a risk-based insurance pre-     requirement that such reports be made to
Secretary of the Treasury responsibility for
prescribing procedures for the deposit in the    mium structure, to collect supplemental pre-      the Secretary of the Treasury.
Treasury of Federal employee contributions       miums, and to assess associations.                SEC. 111. AMENDMENTS RELATING TO TITLE 22,
to the Civil Service Retirement Fund.               Subsection (f) deletes the requirement for                 UNITED STATES CODE.
  Subsection (h) deletes the requirement         annual GAO audits on the actuarial sound-           Subsection (a) eliminates the requirement
that the Secretary of the Treasury send GAO      ness and reasonableness of loan guarantee         that accounts on advances of appropriated
copies of reports to the Congress on the oper-   fees established by the Federal Agricultural      funds made to the U.S. Commissioner serv-
ation and status of the Civil Service Retire-    Mortgage Corporation.                             ing on the International Joint Commission
ment and Disability Fund.                           Subsection (g) eliminates requirements for     on the U.S.-Canada Boundary Waters be sub-
  Subsection (i) deletes the requirement that    GAO to conduct studies and issue reports on       mitted to GAO.
the Secretary of the Treasury send GAO cop-      the adequacy and quality of real estate ap-         Subsection (b) eliminates the requirements
ies of reports to the Congress on the oper-      praisals used by financial institutions for       for GAO to prepare, for the Secretary of the
ation and status of the Thrift Savings Fund.     certain real estate-related transactions.         Treasury, the scope of the audit and the au-
  Subsection (j) deletes the requirement that       Subsection (h) eliminates requirements for     diting and reporting standards for use in
copies of annual financial audits of the         GAO to audit the operations of the Office of      connection with audits of the Inter-Amer-
Thrift Savings Fund by a qualified public ac-    Federal Housing Enterprise Oversight.             ican Development Bank, and to periodically
countant be sent to GAO.                            Subsection (i) adds language to section        review the audits.
SEC. 104. AMENDMENTS RELATING TO TITLE 7,        11(t) of the Federal Deposit Insurance Act to       Subsection (c) eliminates the requirement
            UNITED STATES CODE.                  reaffirm that a banking agency does not           that GAO review and report annually on the
  Subsection (a) makes discretionary rather      waive litigation privileges by providing in-      first three of the Commerce Department’s
than mandatory GAO audits and reports on         formation to GAO. It appears that GAO is an       annual reports concerning direct foreign in-
the operation of the Washington Family           ‘‘agency’’ as defined in 18 U.S.C. 6, and,        vestment in the United States.
Independence Demonstration Project.              therefore, already is covered by section 11(t)    SEC. 112. AMENDMENTS RELATING TO TITLE 25,
  Subsection (b) eliminates the requirement      of the Federal Deposit Insurance Act. By ex-                  UNITED STATES CODE.
that GAO receive and review annual reports       plicitly referring to GAO in section 11(t), the     Subsection (a) eliminates the requirement
to Congress by the Secretary of Agriculture      amendment removes any question that may           that copies of contracts entered into for the
on expenditures by the Department for pro-       exist.                                            Indian Service be sent to GAO. (The func-
curement of advisory and assistance serv-        SEC. 107. AMENDMENT RELATING TO TITLE 15,         tions of the former Indian Service are now
ices.                                                       UNITED STATES CODE.                    vested in the Secretary of the Interior.)
SEC. 105. AMENDMENTS RELATING TO TITLE 10,         Section 107 eliminates the requirement            Subsection (b) eliminates the requirement
            UNITED STATES CODE.                  that GAO report on certifications that Fed-       that copies of abstracts of bids or proposals
  Subsection (a) deletes the requirement         eral funds may be used to build or buy cer-       on any contract in connection with activi-
that GAO determine, jointly with the sec-        tain office space that is not protected by an     ties of the Indian Service be filed with GAO.
retary of the military service concerned,        automatic sprinkler system or the equiva-         SEC. 113. AMENDMENT RELATING TO TITLE 26,
whether waiver of recovery is appropriate for    lent because no suitable building is available               UNITED STATES CODE.
overpayments of beneficiaries of service         at an affordable cost.                              Section 113 eliminates the requirement
members under the Retired Serviceman’s           SEC. 108. AMENDMENTS RELATING TO TITLE 16,        that the Commissioner of Internal Revenue
Family Protection Plan or the Survivor Ben-                  UNITED STATES CODE.                   report to GAO on the sale or other disposi-
efit Plan.                                         Subsection (a) eliminates the requirement       tion of a business entity used by IRS as part
  Subsection (b) transfers from GAO to OMB
                                                 that copies of certain licenses issued by the     of an undercover investigation. It retains the
responsibility to issue regulations and make
                                                 Federal Energy Regulatory Commission be           requirement that such reports be made to
determinations concerning waivers of recov-
                                                 deposited with GAO.                               the Secretary of the Treasury.
ery of erroneous payments of pay and allow-
                                                   Subsection (b) repeals the requirement          SEC. 114. AMENDMENT RELATING TO TITLE 28,
ances to members of the uniformed services.
  Subsection (c) deletes the requirement         that GAO report periodically on the oper-                    UNITED STATES CODE.
that the head of a military department           ations of the Brownsville Wetlands Policy           Section 114 eliminates GAO’s responsibil-
transmit to GAO certifications that uncol-       Center.                                           ity to issue certificates releasing property
lected advances in military financial ac-          Subsection (c) eliminates requirements          liens in favor of the United States.
counts are uncollectible and should be writ-     that GAO report on the allocation of costs of     SEC. 115. AMENDMENTS RELATING TO TITLE 31,
ten off.                                         the Central Utah Project, and that GAO pre-                   UNITED STATES CODE.
  Subsection (d) deletes requirements that       scribes regulations for conducting audits.          Subsection (a) deletes the requirement
GAO maintain accounts related to receipts        The amendment transfers responsibility for        that certain records obtained by GAO in con-
and expenditures of the military depart-         the report to the Inspector General of the        ducting audits of Federal banking agencies
ments, and that GAO submit annual and            Department of the Interior and deletes the        be stored at banking agency locations. This
other reports to the Secretary of the Treas-     requirement for regulations.                      eliminates a barrier to consolidating GAO’s
ury on such accounts.                              Subsection (d) eliminates the requirement       banking agency auditors at the GAO head-
  Subsection (e) repeals GAO’s responsibility    for GAO to audit and report on the costs and      quarters building—a move that would result
to settle claims by commercial telegraph or      benefits of management policies and oper-         in cost savings and greater efficiency in op-
radio companies to collect forwarding            ations of the Glen Canyon Dam.                    erations. Existing statutory requirements to
charges owed them in connection with their       SEC. 109. AMENDMENTS RELATING TO TITLE 18,        ensure that GAO safeguards sensitive bank-
cooperation with Army and Air Force com-                     UNITED STATES CODE.                   ing information are retained.
munications activities.                            Subsection (a) eliminates the requirement         Subsection (b) eliminates the requirement
SEC. 106. AMENDMENTS RELATING TO TITLE 12,       that GAO determine whether improvements           that GAO report annually on: procedures
            UNITED STATES CODE.                  to non-government property at public ex-          prescribed to protect the confidentiality of
 Subsection (a) deletes the mandate that         pense, for the purpose of protecting the          tax return information; the scope and sub-
GAO conduct a study of a demonstration           President or anyone else entitled to Secret       ject matter of GAO audits of the Internal
H9948                                     CONGRESSIONAL RECORD — HOUSE                                                September 4, 1996
Revenue Service and the Bureau of Alcohol,       loss of naval vessels that are presumed lost,    scription drugs sold to the Federal Govern-
Tobacco, and Firearms; and the findings,         for purposes of settling accounts of certain     ment, purchasing groups, and managed care
conclusions, and recommendations of such         persons aboard the vessels.                      plans.
audits.                                          SEC. 119. AMENDMENT RELATING TO TITLE 38,          Subsection (j) eliminates the requirement
  Subsection (c) deletes the mandate that                   UNITED STATES CODE.                   for a GAO study of a demonstration project,
GAO report on compliance with require-             Section 119 eliminates the mandate that        under the Department of Housing and Urban
ments for reductions in administrative costs     GAO report on any plan by the Secretary of       Development, to attract pension fund invest-
in the Legislative Branch.                       Veterans Affairs for a systematic reduction      ment in affordable housing.
  Subsection (d) eliminates the requirement      of the number of Department employees at a         Subsection (k) eliminates the requirement
that the Secretary of the Treasury, when on      specific grade level. The amendment pro-         that GAO conduct an annual audit of the in-
notice of a question of law or fact about a      vides that such a report is required only        tegral set of accounts required to be main-
check drawn on the Treasury, defer payment       when requested by either the Senate or           tained by the Secretary of Housing and
of the check until GAO settles the question.     House Committee on Veterans’ Affairs.            Urban Development in connection with low-
It also repeals the requirement for GAO ap-      SEC. 120. AMENDMENT RELATING TO TITLE 40,
                                                                                                  income housing programs.
                                                            UNITED STATES CODE.                     Subsection (l) deletes the requirement for
proval of Treasury regulations on payment
                                                                                                  GAO to submit reports on the Family Self-
of government checks and drafts.                   Subsection (a) deletes the requirement
                                                                                                  Sufficiency program of the Department of
  Subsection (e) eliminates the requirements     that GAO approve the payment of expenses
                                                                                                  Housing and Urban Development.
that the Secretary of the Treasury send to       incurred in connection with the sale of pub-       Subsection (m) eliminates the requirement
GAO government checks intended to be sent        lic property.                                    that the Comptroller General serve in an ad-
to foreign countries on which the Secretary        Subsection (b) deletes the requirement         visory capacity and perform certain over-
withholds payment, and that GAO credit the       that the Administrator of General Services       sight functions with respect to the National
accounts of the drawer and the drawee for        send to GAO copies of determinations to ex-      Commission to Support Law Enforcement.
the amount of the check. The amendment           ceed the statutory limit that otherwise ap-      The amendment grants GAO discretion over
transfers the check-crediting function to the    plies to expenditures for repair or improve-     its provision of assistance to the Commis-
Secretary of the Treasury.                       ment of rented property.                         sion.
  Subsection (f) repeals the requirement that    SEC. 121. AMENDMENT RELATING TO TITLE 41,          Subsection (n) repeals the requirement for
when the head of an Executive department                    UNITED STATES CODE.                   GAO to report on the Incentive Grants for
determines that an accountable officer             Subsection (a) repeals requirements that       Local Delinquency Prevention program.
should be held liable for the loss of govern-    GAO review termination settlements with            Subsection (o) repeals the requirement
ment property, the department head must          war contractors; report to agencies on settle-   that GAO audit each recipient of a loan
certify the charge to GAO in order for GAO       ments that may have been induced by fraud;       guarantee for alternative fuel demonstration
to charge the appropriate account for the        and report to Congress on agency settlement      facilities every 6 months that the guarantee
amount of the loss. This provision of existing   procedures.                                      is in effect.
law reflects a method of accounting for            Subsection (b) eliminates the requirement        Subsection (p) eliminates the requirement
losses that has been superseded.                 that the Administrator of General Services       for an annual report by GAO on its exercise,
  Subsection (g) eliminates the Comptroller      send to GAO records prepared in connection       if any, of subpoena authority under the En-
General’s responsibility to prescribe, with      with termination settlements with war con-       ergy Policy and Conservation Act.
the Attorney General claims collection           tractors.                                          Subsection (q) deletes the requirement
standards governing collection and com-            Subsection (c) eliminates the requirement      that the Secretary of Energy consult with
promise of claims in favor of the Federal        that the Executive Branch officials send         GAO concerning the terms and conditions of
                                                 GAO copies of their determinations to omit       offers of government guarantees of financing
Government. The amendment leaves author-
                                                 the GAO access-to-records clause from nego-      for energy and renewable resource develop-
ity for the standards with the Attorney Gen-
                                                 tiated contracts and determinations to make      ment.
eral.                                                                                               Subsection (r) eliminates the mandate for
  Subsection (h) deletes the mandate for         advance payments to contractors.
                                                                                                  GAO to report annually on the incremental
GAO to audit the payment to private recipi-      SEC. 122. AMENDMENTS RELATING TO TITLE 42,
                                                             UNITED STATES CODE.                  costs and benefits of pollution control strat-
ents of surcharges assigned to them by law                                                        egies required by the Clean Air Act Amend-
from sales of commemorative coins, and the         Subsection (a) deletes the requirement
                                                 that the Secretary of Health and Human           ments of 1990, and to conduct a study of the
use and expenditure of the money by the pri-                                                      effects of the Amendments on employment.
vate recipients.                                 Services consult with GAO on annual report-
                                                                                                    Subsection (s) eliminates the requirement
  Subsection (i) eliminates the requirement      ing of administrative and support expenses
                                                                                                  for a series of annual reports by GAO on ef-
for GAO to report on the implementation of       of the National Institutes of Health.            forts by Federal agencies to save energy
the Cash Management Improvement Act of             Subsection (b) deletes the requirements for
                                                                                                  through contracts.
1990.                                            GAO to report on whether the law establish-        Subsection (t) eliminates the requirement
  Subsection (j) eliminates the requirement      ing the National Foundation for Biomedical       that GAO report annually on the use of funds
that the Secretary of Housing and Urban De-      Research adequately prevents conflicts of in-    for certain programs under the McKinney
velopment consult with GAO on guidelines         terest, and to report on compliance with         Homeless Assistance Amendments of 1990.
for accounting, audit, and fiscal procedures     guidelines established under the law.              Subsection (u) eliminates the requirement
to be used by local governments to qualify         Subsection (c) eliminates the requirement      that the Attorney General consult with GAO
for crime prevention grants.                     that GAO, in cooperation with the Adminis-       before issuing guidelines for accounting pro-
  Subsection (k) eliminates the requirement      trator of the Substance Abuse and Mental         cedures to be used by local governments to
for GAO to review activities of the Secretary    Health Services Administration, evaluate at      qualify for crime prevention grants under
of Housing and Urban Development to evalu-       least every three years the use of grants for    the Violent Crime Control and Law Enforce-
ate compliance with requirements of the          assistance in transition from homelessness.      ment Act of 1994.
crime prevention block grant program under       The amendment makes the Administrator              Subsection (v) deletes the requirement
the Violent Crime and Law Enforcement Act        solely responsible for the periodic evalua-      that GAO report on the differences between
of 1994.                                         tions. The amendment also eliminates a re-       hospital-based and freestanding skilled nurs-
                                                 quirement that the Secretary of Health and       ing facilities under Medicare.
SEC. 116. AMENDMENT RELATING TO TITLE 32,
           UNITED STATES CODE.                   Human Services consult with the Comptrol-          Subsection (w) eliminates the requirement
                                                 ler General on the content of annual reports     that GAO analyze, on a geographic basis, the
  Section 116 transfers from GAO to OMB re-
                                                 by States on the program.                        supplier costs for durable medical equipment
sponsibility to issue regulations and make
                                                   Subsections (d) through (f) delete the re-     under Medicare.
determinations concerning waivers of recov-
                                                 quirements that the Secretary of Health and      SEC. 123. AMENDMENTS RELATING TO TITLE 44,
ery of erroneous payments of pay and allow-
                                                 Human Services consult with the Comptrol-                    UNITED STATES CODE.
ances to National Guard personnel.                                                                  Subsection (a) eliminates the requirement
                                                 ler General on the content of annual reports
SEC. 117. AMENDMENT RELATING TO TITLE 33,        by the States on their use of various grants.    that GAO audit the Government Printing Of-
           UNITED STATES CODE.
                                                   Subsection (g) eliminates the requirement      fice (GPO) at least every 3 years. The amend-
  Section 117 deletes the requirement that       that GAO review and report on the proposal       ment adds a requirement that the Public
GAO report and make recommendations on           of the Secretary of Health and Human Serv-       Printer prepare an annual financial state-
how to improve the equitable distribution of     ices for more accurately calculating a reim-     ment for GPO. It also substitutes for the
water resources development projects in          bursement rate for medical care providers        GAO audit mandate a requirement for an an-
rural areas, and on giving greater emphasis      that enter into risk-sharing agreements with     nual audit covering both financial and oper-
to benefits assumed to result from such          the Secretary.                                   ational activities, to be conducted either by
projects.                                          Subsection (h) eliminates the requirement      an independent external auditor selected by
SEC. 118. AMENDMENT RELATING TO TITLE 37,        for GAO to review the ownership of hospitals     the Public Printer or, at the request of the
           UNITED STATES CODE.                   and other providers of Medicare services by      Joint Committee on Printing, by the Inspec-
  Section 118 deletes the requirement that       referring physicians.                            tor General of GPO. The amendment pre-
the Comptroller General, under the direction       Subsection (i) eliminates the requirement      serves GAO’s authority to audit GPO finan-
of the Secretary of the Navy, fix the date of    for GAO to report annually on pricing of pre-    cial statements on a self-initiated basis or at
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                H9949
the request of the Joint Committee, and pro-      SEC. 128. AMENDMENTS RELATING TO TITLE 50,        claims from the permanent, indefinite appro-
vides that when the Comptroller General                       UNITED STATES CODE.                   priation known as the ‘‘Judgment Fund,’’ by
conducts such an audit, it is in lieu of the        Subsection (a) eliminates the requirement       substituting Secretary of the Treasury for
audits described above.                           for GAO audit and approval of termination         Comptroller General. This reflects OMB’s
  Subsection (b) eliminates the requirement       payments by the Secretary of the Air Force        delegation of functions relating to the Judg-
that the Public Printer print a minimum           for procurement of the semiautomatic              ment Fund to the Treasury Department.
number of copies annually of a single volume      ground environment system.                          Subsection (f) amends 10 U.S.C. 2771, au-
containing selected decisions and opinions of       Subsection (b) transfers from GAO to the        thorizing the issuance of regulations govern-
the Comptroller General. All Comptroller          Treasury Department responsibility to settle      ing payments to deceased military members,
General decisions and opinions are today dis-     claims for payments from the War Claims           by substituting the Secretary of Defense for
tributed widely through other means, includ-      Fund on behalf of individuals who are de-         the Comptroller General pursuant to OMB’s
ing commercial publication from a variety of      ceased or under a legal disability.               delegation.
                                                    Subsection (c) eliminates the requirement         Subsection (g) amends 10 U.S.C. 4712 and
sources on paper, CD–ROM, and in electronic
                                                  that GAO receive and assess the President’s       9712, which required that certain records
databases, as well as from GAO and other
                                                  reports to Congress on foreign policy con-        concerning disposition of the effects of de-
government sources through the Internet.
                                                  trols over exports under the Export Adminis-      ceased military members be sent to GAO.
Repealing the requirement for annual publi-
                                                  tration Act of 1979.                              The conforming amendment repeals the sub-
cation of a volume of relatively few decisions
will save money without diminishing public        SEC. 129. AMENDMENT RELATING TO THE DIS-          section that required such reports.
                                                             TRICT OF COLUMBIA                        Subsection (h) amends section 7 of the
availability of the information.
                                                    Section 129 deletes a provision of the Dis-     International Claims Settlement Act of 1949,
SEC. 124. AMENDMENT TO TITLE 45, UNITED
                                                  trict of Columbia Code requiring that GAO         22 U.S.C. 1626, concerning the settlement of
           STATES CODE.
                                                  receive and comment on annual reports by          certain claims against foreign governments,
  Section 124 deletes the requirement for an      the enrolled actuary of the District Retire-      by substituting Secretary of the Treasury
annual GAO report on the effectiveness of         ment Board on the District of Columbia Re-        for Comptroller General. This reflects OMB’s
the loan guarantee program for high-speed         tirement Fund for Police and Firefighters.        delegation of the settlement function to the
rail facilities provided for in the Intermodal                                                      Treasury Department.
                                                  TITLE III—CONFORMING AMENDMENTS
Surface Transportation Efficiency Act of                                                              Subsection (i) amends section 1709 of the
                                                    TO ENACT TRANSFERS AND DELEGA-
1991.                                                                                               Revised Statutes, 22 U.S.C. 4195, concerning
                                                    TIONS OF FUNCTIONS UNDER OTHER
SEC. 125. AMENDMENT RELATING TO TITLE 46,                                                           the disposition of the effects of United
           UNITED STATES CODE.
                                                    LAWS
                                                                                                    States citizens who died abroad, to reflect
  Section 125 transfers from GAO to the Gen-        In general
                                                    Section 211 of the Legislation Branch Ap-       OMB’s delegation of this function to the
eral Services Administration (GSA) respon-                                                          State Department.
                                                  propriations Act, 1996 (Public Law 104–53, 109
sibility to disallow payment for Federal em-                                                          Subsection (j) amends section 1520 of the
                                                  Stat. 535) transferred a number of GAO’s ‘‘ex-
ployee travel costs or shipping costs on non-                                                       Armed Forces Retirement Home Act of 1991,
                                                  ecutive’’ type functions to OMB, effective on
American flag ships in the absence of proof                                                         24 U.S.C. 420, concerning the disposition of
                                                  June 30, 1996, and authorized the Director of
of necessity for use of a foreign-flag ship.                                                        the effects of deceased residents of the Re-
                                                  OMB to delegate those functions to other
SEC. 126. AMENDMENTS RELATING TO TITLE 47,                                                          tirement Home, to reflect OMB’s delegation
                                                  Federal agencies. In all but a few cases, the
            UNITED STATES CODE.                                                                     of this function to the Secretary of Defense.
                                                  Director has now delegated the functions.           Subsections (k) through (m) amend various
  Subsection (a) eliminates the requirement         Title II of the bill makes conforming
that GAO approve standards set by the Cor-                                                          statutory provisions relating to payments
                                                  amendments to the statutes underlying the
poration for Public Broadcasting for valuing                                                        from the Judgment Fund to reflect OMB’s
                                                  functions covered by section 211 of the 1996
the services of volunteers, in order to meas-                                                       delegation of Judgment Fund functions to
                                                  Appropriations Act in order to reflect the
ure the level of non-Federal financial sup-                                                         the Treasury Department.
                                                  transfers to OMB and further delegations by         Subsection (n) amends 31 U.S.C. 3702, con-
port for public broadcasting.                     OMB of those functions. For the most part,
  Subsection (b) eliminates the requirement                                                         cerning the settlement of claims against the
                                                  the conforming amendments of title II delete      United States, to implement OMB’s delega-
that GAO report every two years on pay-           references to the Comptroller General or
ments by the Attorney General to tele-                                                              tions. As reflected in the amendments, OMB
                                                  GAO in these underlying statutes and sub-         has delegated authority to settle certain cat-
communications carriers for interception of       stitute references to the officials or agencies
communications, pursuant to the Commu-                                                              egories of claims to the Secretary of De-
                                                  now vested with responsibility for the func-      fense, the Director of the Office of Personnel
nications Assistance for Law Enforcement          tions pursuant to section 211 of the 1996 Ap-
Act. The amendment substitutes the Inspec-                                                          Management, and the Administrator of Gen-
                                                  propriations Act. Where the delegation of a       eral Services. Settlement authority for
tor General of the Department of Justice for      function has not been completed, the con-
GAO.                                                                                                claims that do not fall into any of these cat-
                                                  forming amendment reflects that transfer to       egories is retained in OMB, pending further
SEC. 127. AMENDMENTS RELATING TO TITLE 49,        OMB and preserves the OMB Director’s au-
            UNITED STATES CODE.                                                                     delegation.
                                                  thority to delegate further.                        Subsection (o) amends 31 U.S.C. 3726, relat-
  Subsection (a) eliminates the requirement       SEC. 201. PURPOSE.                                ing to certain transportation claims, by sub-
for GAO financial audits of the accounts of         Section 201 states the purpose of title II,     stituting Administrator of General Services
the Department of Transportation.                 which as described above, is to amend provi-      for Comptroller General in accordance with
  Subsection (b) eliminates the requirement       sions of law to conform to the transfers and      OMB’s delegation of this function to GSA.
that GAO evaluate, every two years, the ex-       delegations of functions made pursuant to           Subsection (p) amends 31 U.S.C. 3728, au-
tent to which current mass transportation         section 211 of the 1996 Legislative Branch Ap-    thorizing setoffs against Judgment Fund
needs are addressed adequately and estimate       propriations Act.                                 payments, to reflect OMB’s delegation of
future mass transportation needs.                 SEC. 202 CONFORMING AMENDMENTS.                   Judgment Fund functions to the Treasury
  Subsection (c) eliminates the requirement         Subsection (a) amends 5 U.S.C. 5564, relat-     Department.
that GAO make regular financial and per-          ing to claims for proceeds from certain prop-       Subsection (q) amends 32 U.S.C. 714, au-
formance audits of local rail freight activi-     erty sales, by substituting ‘‘the Adminis-        thorizing the Comptroller General to pre-
ties supported by the Department of Trans-        trator of General Services’’ for GAO. This re-    scribe regulations governing the payment of
portation.                                        flects OMB’s delegation of the function to        amounts due to deceased members of the Na-
  Subsection (d) transfers from GAO to GSA        GSA.                                              tional Guard, to reflect OMB’s delegation of
responsibility to disallow reimbursement to         Subsection (b) amends 5 U.S.C 5583, relat-      this function to the secretaries of the mili-
Federal employees and officers traveling          ing to the disposition of accounts of de-         tary departments.
overseas on official business for use of for-     creased Federal employees, by substituting          Subsection (r) amends 32 U.S.C. 715, relat-
eign air carriers, unless satisfactory proof of   the Director of OPM for the Comptroller           ing to payment of certain claims from the
necessity is presented.                           General. This reflects OMB’s delegation of        Judgement Fund, to reflect OMB’s delega-
  Subsection (e) eliminates the requirement       the function to OPM.                              tion of Judgment Fund functions to the
for GAO financial audits of accounts main-          Subsection (c) amends 10 U.S.C. 2312, relat-    Treasury Department.
tained by the Secretary of Transportation in      ing to remission of liquidated damages, by          Subsection (s) amends 37 U.S.C. 554, relat-
connection with aviation insurance offered        substituting Secretary of the Treasury for        ing to claims for proceeds from certain prop-
by the Department of Transportation.              Comptroller General in accordance with            erty sales, by substituting the Secretary of
  Subsection (f) deletes requirements that        OMB’s delegation.                                 Defense for GAO.
GAO report annually to the Congress on all          Subsection (d) amends 10 U.S.C. 2575, relat-      Subsection (t) amends 38 U.S.C. 5122 to re-
GAO audits, and on all reviews by GAO of          ing to the disposition of unclaimed property      peal a reference to GAO’s settlement of
independent audits, of recipients of grants       held by the military departments and the          claims relating to certain canceled checks
for airport and airway development.               Department of Transportation, by substitut-       since GAO no longer exercises such claims
  Subsection (g) deletes the requirement for      ing ‘‘Secretary of Defense’’ for GAO in ac-       settlement authority. See subsection 202(n),
GAO to conduct a study of the advisability        cordance with OMB’s delegation.                   above.
of giving enhanced procurement authority to         Subsection (e) amends 10 U.S.C. 2733 and          Subsection (u) amends section 10 of the Act
the Federal Aviation Administration.              2734, concerning the payment of certain           of September 5, 1950, 41 U.S.C. 256a, relating
H9950                                      CONGRESSIONAL RECORD — HOUSE                                            September 4, 1996
to remission of liquidated damages, to re-          Mr. Speaker, this bill eliminates                UKRAINE INDEPENDENCE
flect OMB’s delegation of this function to        many      unnecessary    congressionally
the Secretary of the Treasury.                                                                   Mr. GILMAN. Mr. Speaker, I move to
                                                  mandated reports. In some cases, the         suspend the rules and agree to the con-
SEC. 203. REPEAL.
                                                  GAO needs flexibility rather than being      current resolution (H. Con. Res. 120)
  Section 203 repeals those portions of sec-
tion 211 of the 1996 Legislative Branch Ap-       bound to a fixed reporting schedule. In      supporting the independence and sov-
propriations Act that now have been fully         still other cases, the function elimi-       ereignty of Ukraine and the progress of
implemented and are, therefore, no longer         nated would more properly be per-            its political and economic reforms, as
operative. The protections in section 211 for     formed by some other entity like the         amended.
transferred GAO employees, which remain in        inspector general or an independent            The Clerk read as follows:
effect, are retained.                             auditor.
SEC. 204. AUTHORITY TO RENDER DECISIONS.                                                                       H. CON. RES. 120
                                                    In short, Mr. Speaker, this bill allows      Whereas August 24, 1996, marks the fifth
  Section 204 amends 31 U.S.C. 3529 to vest in
the Director of OMB responsibility to issue       the GAO to be governed by common             anniversary of the independence of Ukraine;
advance decisions to government account-          sense, not statutory and bureaucratic          Whereas the independent State of Ukraine
able officers on questions involving func-        mandates that waste the GAO’s time           is a member State of the United Nations and
tions transferred to the Director under any       and taxpayers’ money.                        the United Nations has established in
of the provisions of title I or title II. Where                                                Ukraine an office to assist Ukraine in build-
                                                    It eliminates procedures instituted
the Director has delegated a function to an-                                                   ing relations with the international commu-
                                                  for reasons that few people even re-         nity and in coordinating international as-
other Federal agency, the Director may also
delegate to that agency responsibility for is-
                                                  member, and it ends pencil pushing for       sistance for Ukraine;
suing advance decisions.                          pencil pushing’s sake.                         Whereas the independent State of Ukraine
                                                    The GAO itself estimates that this         is a member State of the Council of Europe,
  Mr. Speaker, I want to take time at
                                                  bill will save between $6 and $10 mil-       the Organization on Security and Coopera-
this moment to praise the chairman of                                                          tion in Europe, the Central European Initia-
our full committee, the gentleman                 lion. Given the GAO’s track record,
                                                                                               tive, and the North Atlantic Cooperation
from Pennsylvania [Mr. CLINGER], the              that estimate is probably accurate.
                                                                                               Council of the North Atlantic Alliance, is a
chairman of the subcommittee of juris-            Given the recent cuts eliminating            participant in the Partnership for Peace pro-
diction, the gentleman from California            these mandatory reports makes com-           gram of the North Atlantic Alliance, and has
[Mr. HORN], and also the ranking mem-             mon sense and good sense.                    entered into a Partnership and Cooperation
ber of the Committee on Government                  The GAO is Congress’s and our Na-          Agreement with the European Union;
Reform and Oversight, the gentle-                 tion’s primary watchdog agency, re-            Whereas the United States recognized
                                                  sponsible for providing credible objec-      Ukraine as an independent State on Decem-
woman from Illinois [Mrs. COLLINS],                                                            ber 25, 1991;
and also the ranking member of the                tive and nonpartisan reports and eval-         Whereas Ukraine is a major European na-
subcommittee, the gentlewoman from                uations of the programs and manage-          tion, having the second largest territory and
New York [Mrs. MALONEY].                          ment of the executive branch.                sixth largest population of all the States of
  This is an example of a good govern-              The GAO has done an excellent job in       Europe;
ment bill that was arrived at in bipar-           fulfilling this mandate in a timely and        Whereas Ukraine has an important geo-
tisan fashion. As the Chair has indi-             professional manner and despite recent       political and economic role to play within
cated, there are amendments to the                                                             Central and Eastern Europe and a strong,
                                                  staff and funding cuts. This bill makes
bill. The bill that we consider today is                                                       stable, and secure Ukraine serves the inter-
                                                  its job easier, saves taxpayer money         ests of peace and stability in all of Europe,
not the same bill that was originally             and allows the GAO to be much more           which is also an important national security
introduced. Rather than butting heads             efficient. The bill has broad bipartisan     interest of the United States;
and saying we could not reach agree-              support, and I am proud to support it          Whereas Ukraine conducted its first presi-
ment, both sides of the aisle came to-            as well.                                     dential and parliamentary elections as an
gether and produced this H.R. 3864, as              Mr. Speaker, I yield back the balance      independent State in 1994, carrying such
amended. I not only want to commend                                                            elections out in a free and fair manner and
                                                  of my time.
the Members of Congress who worked                                                             moving further away from the former com-
                                                               GENERAL LEAVE                   munist model of one-party, centralized, to-
on the bill but also the staffs of the
                                                    Mr. LATOURETTE. Mr. Speaker, I             talitarian rule;
subcommittee and the full committee                                                              Whereas Ukraine’s presidential elections of
on both sides of the aisle.                       ask unanimous consent that all Mem-
                                                                                               July 1994 resulted in the first peaceful trans-
  Mr. Speaker, I reserve the balance of           bers may have 5 legislative days in
                                                                                               fer of executive power in any of the inde-
my time.                                          which to revise and extend their re-         pendent States of the former Soviet Union;
  Mrs. MALONEY. Mr. Speaker, I yield              marks and include extraneous material          Whereas on June 28, 1996, the Parliament of
myself such time as I may consume.                on the bill, H.R. 3864.                      Ukraine adopted a new constitution for
  I am proud to support the bill, H.R.              The SPEAKER pro tempore (Mr.               Ukraine;
3864, as amended. The gentleman from              WICKER). Is there objection to the re-         Whereas Ukraine’s economic and social
Ohio [Mr. LATOURETTE] has wisely in-              quest of the gentleman from Ohio?            stability depend on its ability to build a sta-
corporated an amendment striking                                                               ble market-based economy and a legal sys-
                                                    There was no objection.                    tem based on the rule of law, attract foreign
title I of the original bill, and I appre-          Mr. LATOURETTE. Mr. Speaker, I             investment, improve tax and revenue collec-
ciate his taking into consideration the           have no further requests for time, and       tion, and build its export sectors;
views of the minority. That title con-            I yield back the balance of my time            Whereas Ukraine was the first of the inde-
tains certain controversial provisions            urging my colleagues to support this         pendent states of the former Soviet Union to
such as changing the term and pension             bill.                                        have appointed a civilian to the office of
of the Comptroller General and estab-                                                          Minister of Defense, an historic precedent in
                                                    The SPEAKER pro tempore. The               support of civilian control and oversight of
lishing an oversight board for the GAO,
                                                  question is on the motion offered by         the armed forces of Ukraine;
thereby possibly restricting some of its
                                                  the   gentleman      from    Ohio    [Mr.      Whereas Ukraine is pursuing political and
necessary independence.
  The integrity, independence and                 LATOURETTE], that the House suspend          economic reforms intended to ensure its fu-
                                                  the rules and pass the bill, H.R. 3864, as   ture strength, stability, and security and to
quality of the GAO are well established                                                        ensure that it will assume its rightful place
and relied on by the public and Mem-              amended.
                                                                                               among the international community of
bers of Congress. We must be extremely              The question was taken; and (two-
                                                                                               democratic States and in European and
careful not to do anything which might            thirds having voted in favor thereof)        trans-Atlantic institutions;
damage that practice, reputation and              the rules were suspended and the bill,         Whereas through the agreement by the
independence.                                     as amended, was passed.                      Government of Ukraine to the establishment
  This bill as amended is almost iden-              The title of the bill was amended so       of a mission from the Organization on Secu-
tical to the one ordered reported unani-          as to read: ‘‘A bill to amend laws au-       rity and Cooperation in Europe in the region
                                                  thorizing auditing, reporting, and           of Crimea, Ukraine has shown its interest in
mously by the Committee on Govern-
                                                                                               avoiding the use of force in resolving ethnic
ment Reform and Oversight. The GAO                other functions by the General Ac-
                                                                                               and regional disputes within Ukraine;
worked closely with both the majority             counting Office.’’                             Whereas all nuclear weapons were removed
and minority in helping to draft this               A motion to reconsider was laid on         from Ukraine by June 1, 1996, and Ukraine
statute.                                          the table.                                   has taken very positive steps in supporting
September 4, 1996                            CONGRESSIONAL RECORD — HOUSE                                                           H9951
efforts to stem proliferation of nuclear weap-      promotion of trade and investment, and in        United States have most often focused
ons by ratifying the START–I Treaty on nu-          this regard United States assistance to the      our attention on Russia to the exclu-
clear disarmament and the Treaty on the             Ukraine should leverage private-sector in-       sion of Ukraine. Certainly, Russia is an
Non-Proliferation of Nuclear Weapons;               volvement as much as possible;
  Whereas in December 1994, the Presidents            (10) the President of the United States
                                                                                                     important country undergoing tremen-
of the United States and the Russian Federa-        should urge that the Government of the Rus-      dous changes, but we should not over-
tion and the Prime Minister of Great Britain        sian Federation, in line with the assurances     look the important role that Ukraine
signed a Memorandum on National Security            for the security of Ukraine made by the          will play in the region of the former
Assurances for Ukraine as depository States         President of the Russian Federation in the       Soviet Union and in Europe—or over-
under the Treaty on the Non-Proliferation of        January 1994 Trilateral Statement on Nu-         look the developments that have taken
Nuclear Weapons;                                    clear Disarmament in Ukraine, offer Ukraine      place in that country since 1991.
  Whereas the Secretary of Defense of the           its promised highest possible cooperation,       Ukraine has the second largest terri-
United States and the Minister of Defense of        fully and finally recognizing Ukraine’s sov-     tory, after Russia, and the sixth largest
Ukraine signed a Memorandum of Under-               ereignty and territorial integrity and re-
standing on cooperation in the field of de-         fraining from any economic coercion of
                                                                                                     population of all the states of Europe.
fense and military relations on July 27, 1993;      Ukraine;
                                                                                                       As this resolution notes, Ukraine
  Whereas Ukraine has sought to promote               (11) the Government of Ukraine should          celebrated the fifth anniversary of its
constructive cooperation with its neighbors         continue to act in defense of its sovereignty    new independence on August 24.
through     humanitarian       assistance     and   and that of the other independent states of        The resolution then notes many of
through mediation of disputes;                      the former Soviet Union by opposing the          the positive developments regarding
  Whereas Ukraine has provided Ukrainian            emergence of any political or military orga-     Ukraine that have taken place in the
troops as part of the international peace-          nization which would have the potential to       last 5 years, including:
keeping force meant to prevent the spread of        promote the reintegration of the states of         The peaceful transfer of executive
conflict in the states of the former Yugo-          the former Soviet Union;                         power after free and fair elections for
slavia; and                                           (12) the President of the United States
  Whereas Ukraine has acted in defense of its       should ensure that Ukraine’s national secu-
                                                                                                     the Presidency were held in July 1994—
sovereignty and that of other newly inde-           rity interests are fully considered in any re-   the first such peaceful transfer of exec-
pendent states by opposing the emergence of         view of European security arrangements and       utive power in any of the New Inde-
any political or military organization which        understandings;                                  pendent States of the former Soviet
has the potential to promote the reintegra-           (13) the President of the United States        Union;
tion of the states of the former Soviet Union:      should support continued United States se-         The first appointment of a civilian to
Now, therefore, be it                               curity assistance for Ukraine, including as-     the post of Minister of Defense—an his-
  Resolved by the House of Representatives (the     sistance for training of military officers,      toric precedent for the region of the
Senate concurring), That it is the sense of the     military exercises as part of the North At-      former Soviet Union in support of civil-
Congress that—                                      lantic Alliance’s Partnership for Peace pro-
  (1) Ukraine has made significant progress         gram, and appropriate military equipment to
                                                                                                     ian control of military forces;
in political reform in its first 5 years of inde-   assist Ukraine in maintaining its defensive
                                                                                                       Ukraine’s recent adoption of a new,
pendence and that it is to be congratulated         capabilities as it reduces its military force    democratic constitution;
for the successful conduct of free and fair         levels;                                            Ukraine’s decision to relinquish all of
elections for the presidency and parliament           (14) the President of the United States        its Soviet-era nuclear warheads—a
and for the adoption of a new constitution;         should ensure the United States Govern-          commitment it has now fulfilled;
  (2) the territorial integrity of Ukraine in       ment’s continued efforts to assist Ukraine in      Ukraine’s continuing program of eco-
its existing borders is an important element        its accession to the World Trade Organiza-       nomic reform;
of European peace and stability;                    tion; and should ensure, in particular, that       Ukraine’s membership in the NATO
  (3) the President and Parliament of               the potential for aerospace and space co-        Alliance’s Partnership for Peace Pro-
Ukraine should focus their efforts on passing       operation and commerce between the United
legislation needed to implement the new                                                              gram; and
                                                    States and Ukraine is fully and appro-
democratic constitution;                                                                               Ukraine’s efforts to ensure that no
                                                    priately exploited; and
  (4) the Government of Ukraine should con-           (15) as a leader of the democratic nations     political or military organization
tinue its efforts to ensure the rights of all       of the world, the United States should con-      emerges with the potential to recreate
citizens of Ukraine regardless of their ethnic      tinue to support the people of Ukraine in        the former Soviet state.
or religious background;                            their struggle to bring peace, prosperity, and     Given the importance of Ukraine to
  (5) the Government of Ukraine should              democracy to Ukraine and to the other inde-      the future stability and security of Eu-
make its first priority the dismantling of the      pendent states of the former Soviet Union.       rope, the resolution calls on the Presi-
remaining socialist sectors of its economy,
                                                      The SPEAKER pro tempore. Pursu-                dent of the United States to support
particularly by speedily privatizing medium
and      large    state-owned        enterprises,   ant to the rule, the gentleman from              continued United States assistance to
privatizing state and collective farms and          New York [Mr. GILMAN] and the gen-               that country, including security assist-
ending their monopolistic control of the            tleman from Indiana [Mr. HAMILTON]               ance; insist that Russia fully recognize
agro-industrial sector, and fostering a com-        each will control 20 minutes.                    Ukraine’s sovereignty and territorial
petitive market-based energy sector;                  The Chair recognizes the gentleman             integrity; and ensure that Ukraine’s
  (6) the Government of Ukraine should              from New York [Mr. GILMAN].                      interests are considered in any review
make the necessary institutional and legal            Mr. GILMAN. Mr. Speaker, I yield               of European security arrangements.
reforms to create a stable tax regime, foster       myself such time as I may consume.                 House Concurrent Resolution 120 also
market-based competition, protect the right
                                                      (Mr. GILMAN asked and was given                calls on Ukraine itself to continue with
to private property, and make other changes
that build a positive climate for foreign in-       permission to revise and extend his re-          badly needed economic reforms—in-
vestment;                                           marks.)                                          cluding reforms that will address the
  (7) the Government of Ukraine should                Mr. GILMAN. Mr. Speaker, I am very             serious problem of corruption within
make it a priority to build the institutional       pleased that the House is today taking           the government bureaucracy. It also
capacity and legal framework needed to              up House Concurrent Resolution 120, a            notes that Ukraine should continue its
fight crime and corruption effectively in a         measure that recognizes the important            opposition to any efforts to reintegrate
democratic environment;                             role that the nation of Ukraine now
  (8) the Government of Ukraine should con-
                                                                                                     the states of the former Soviet Union
tinue its cooperative efforts with the ‘‘G–7’’
                                                    plays in Europe and that recognizes the          and it calls on Ukraine to continue its
group of States to safely and expeditiously         progress of political reforms in                 efforts to close the unsafe nuclear reac-
shut down the nuclear reactors at Chernobyl,        Ukraine.                                         tors at Chernobyl.
Ukraine;                                              Mr. Speaker, I introduced this resolu-           In closing, Mr. Speaker, it is impor-
  (9) the President of the United States            tion—along with my colleagues, Mr.               tant for all us to recognize that we
should support continued United States as-          GOODLING of Pennsylvania, Mr. SOLO-              cannot take future developments in
sistance to Ukraine for its political and eco-      MON of New York, and Mr. HOKE of                 Russia, Ukraine, or any of the other
nomic reforms, for efforts associated with          Ohio—simply      because    events     in        New Independent States of the former
the safe and secure dismantlement of its
weapons of mass destruction, and for the in-
                                                    Ukraine will inevitably have con-                Soviet Union for granted.
creased safety of operation of its civilian nu-     sequences for all of Europe—both East              Even now, 5 years after the breakup
clear reactors, and assistance for the estab-       and West.                                        of the Soviet Union, the region of that
lishment of rule of law, for criminal justice         It is perhaps understandable, but it is        former state contains the seeds for po-
and law enforcement training, and for the           indeed unfortunate, that we here in the          tential conflict that could dwarf the
H9952                                 CONGRESSIONAL RECORD — HOUSE                                           September 4, 1996
bloodshed that has accompanied the          side of the aisle in making this a             Ms. DELAURO. Mr. Speaker, as a cospon-
breakup of the former Yugoslavia. As        strong bipartisan resolution. It was re-    sor of this resolution, I congratulate Ukraine
the    recent   assassination    attempt    ported by voice vote unanimously, I be-     on its independence and commend it on its
against Ukrainian Prime Minister            lieve, from the committee. It has the       outstanding progress since emerging from So-
Pavlo       Lazarenko      demonstrates,    support of the administration. I urge       viet tyranny.
Ukraine is by no means exempt from          the adoption of House Concurrent Res-          Harsh Soviet rule tried the will and strength
the possibility of such internal or ex-     olution 120.                                of the Ukrainian people, trampling free speech
ternal conflicts.                             Mr. Speaker, I have no further re-        and worship, and threatening any who would
  It would be helpful to the continued      quests for time, and I yield back the       oppose the repressive regime. But the resolve
stability of Ukraine and to its integra-    balance of my time.                         of Ukrainians was rewarded, and today,
tion into post-cold war Europe for this       Mr. GILMAN. Mr. Speaker, I thank          Ukrainians control their own destiny. Perhaps
Congress to recognize what Ukraine          the ranking minority member, Mr.            the most telling signs of Ukrainian independ-
has accomplished in its first 5 years of    HAMILTON, for his supportive com-           ence are the legislative and presidential elec-
independence—and to encourage it for-       ments.                                      tions held just 2 years ago. Democracy is
ward in its ongoing political and eco-        Mr. Speaker, I yield such time as he      planted once again, and people can breathe
nomic transformation.                       may consume to the gentleman from           free.
  It is hoped that this resolution—stat-    New York [Mr. BOEHLERT].                       For over 40 years, the cold war dominated
ing America’s strong support for              (Mr. BOEHLERT asked and was given         international relations as the United States
Ukraine—will merit the support of my        permission to revise and extend his re-     and the Soviet Union focused their energies
colleagues.                                 marks.)                                     and resources on attempts to outdo each
  Mr. Speaker, I reserve the balance of       Mr. BOEHLERT. Mr. Speaker, I              other. During this time, Ukraine became a re-
my time.                                    thank the gentleman for yielding time       pository for Soviet nuclear weapons.
  Mr. HAMILTON. Mr. Speaker, I yield        to me.                                         Since being freed from Soviet oppression,
myself such time as I may consume,            Mr. Speaker, I rise in strong support     Ukraine has repeatedly demonstrated its com-
and I rise in support of the resolution.    of House Concurrent Resolution 120,         mitment to nuclear disarmament. Ukraine
  Mr. Speaker, first I want to express      honoring the independence and sov-          joined international arms control regimes such
my appreciation to Chairman GILMAN          ereignty of Ukraine and the progress of     as START I and the Non-Proliferation Treaty.
for bringing this resolution to the floor   its political and economic reform.          Ukraine truly demonstrated its commitment to
of the House. I want him to know I es-        June 26, 1996 will be a day that          disarmament, however, when it chose to dis-
pecially appreciate the time and effort     Ukrainians will honor for generations       card remaining Soviet nuclear weapons.
he made to make this a bipartisan                                                          Free elections and the rejection of nuclear
                                            to come, for on this day the Ukrainian
project. Both he and his staff consulted                                                weapons are cause for celebration. These
                                            Parliament finally approved a new
very carefully with the minority and                                                    milestone events help reinforce that yes, the
                                            post-Soviet constitution for the people     cold war and its accompanying fear really are
we appreciate that.                         of Ukraine. This constitution guaran-
  This resolution, as the chairman has                                                  over. The United States must recognize the
                                            tees for the first time the right to pri-   tremendous achievement of Ukrainians and
said, recognizes Ukraine’s political re-    vate ownership, including the right to
forms over the last 4 years, supports                                                   reward their resolve with more than words. We
                                            own land.                                   must provide the help needed to establish free
Ukraine’s independence, sovereignty,
                                                                1330                    markets, strengthen democratic institutions,
and territorial integrity, congratulates
                                              It may be hard for many of us to un-      and ensure that Ukraine will continue on the
Ukraine on passing a new reform-ori-
                                            derstand what a significant achieve-        historic path it has pursued since winning
ented Constitution on June 28 of this
                                            ment this is for the Ukrainian people       independence in 1991.
year.                                                                                      We commend Ukraine on its independence,
  The     resolution   also   recognizes    who have struggled under various rul-
                                                                                        elections, and truly historic progress. At the
Ukraine for removing all nuclear weap-      ers for more than 300 years. We need
                                                                                        same time, we pledge our steadfast support
ons from its territory by June 1 of this    only to listen to Walter Monastaryski
                                                                                        as Ukrainians build a free and prosperous na-
year and for its humanitarian assist-       of Margaretville, NY, a proud son of
                                                                                        tion.
ance in the region of the former Soviet     Ukrainian immigrants, or visit the pa-         Mr. LEVIN. Mr. Speaker, I rise today in sup-
Union. The resolution calls upon the        rishioners of Saint Vladimir’s Ukrain-      port of House Concurrent Resolution 120
President of the United States to pro-      ian Catholic Church or St. Peter and        which commends Ukraine for its significant
vide continued security and reform-ori-     Paul’s Ukrainian Orthodox Church,           progress toward democratic and economic re-
ented assistance to Ukraine, support        both in Utica, NY, my hometown.             form since it declared its independence 5
Ukraine’s interests in the context of         They will tell you the stories of their   years ago.
European security arrangements, sup-        courageous families and friends who            Under the able leadership of President Leo-
port Ukraine’s leadership in opposing       gave their lives fighting against Stalin    nid Kuchma and the Parliament, Ukraine has
any political or military organization      and the Nazis before and during World       made great strides in reform. Namely, they
which has the potential to promote the      War II. Few people know more than 10        adopted a new constitution in June and stayed
reintegration of the states of the          million Ukrainians died fighting for        on the course of a vigorous economic reform
former Soviet Union.                        independence, but now the people of         initiative that has set the country on the track
  The resolution also calls on Ukraine      Ukraine and their descendants all over      toward strength and stability.
to focus its efforts on dismantling the     the world can hold their heads up high         Under the economic plan, inflation has gone
remaining Socialist sectors of its econ-    as Ukraine moves forward to ensure          from the overwhelming level of 10,000 percent
omy and to institute the reforms need-      the rights of all citizens to transform     in 1993 to 181 percent in 1995 to an antici-
ed to foster market-based competition,      its economy to privatize state-owned        pated level of about 40 to 45 percent by the
attract foreign investment, fight crime     enterprise and to work in concert with      end of this year. Privatization efforts in
and corruption effectively in a demo-       G–7 nations to shut down the nuclear        Ukraine, while moving slowly, are now gaining
cratic environment.                         reactors at Chernobyl.                      momentum. By the end of 1995, the state had
  Ukraine has made progress on re-            This resolution tells the people of       sold off 38 percent of its assets and privatized
form. Achieving reform has been dif-        Ukraine several things. It tells them       small enterprises at a rate of 400 per month.
ficult, and we all recognize that           we know reform is difficult, it tells       By the end of this year, Ukrainian officials
Ukraine faces enormous economic and         them we want to praise them for their       hope to have five of Ukraine’s largest enter-
social challenges.                          sacrifices and for their efforts, and it    prises sold off. Because of such efforts GDP
  The resolution calls on Ukraine to        also tells them that we stand commit-       has grown by 5 percent and average income
continue on the path of reform. This        ted to helping them achieve their           levels have risen by over 100 percent.
course best serves the interests of the     goals.                                         In addition to its economic achievements,
Ukrainian people and promotes strong          Mr. Speaker, I urge all of my col-        Ukraine has also become an important factor
United States-Ukrainian relations.          leagues to support this important           in the new security arrangement in Europe.
  Again, I commend Chairman GILMAN          measure for the people of the Ukraine,      The country has fully complied with all reduc-
for his willingness to work with this       and I thank my chairman for yielding.       tions in force under the Conventional Forces
September 4, 1996                             CONGRESSIONAL RECORD — HOUSE                                                                      H9953
in Europe Agreement. Furthermore, Ukraine is         democratic society and a functioning market              Mr. GILMAN. Mr. Speaker, I thank
an active participant in NATO’s Partnership for      economy.                                               the gentleman for his supportive re-
Peace Program. Most importantly, Ukraine has             Mr. Speaker, we in the United States have          marks.
dismantled its nuclear arsenal which it inher-       an important stake in the future success and             Mr. Speaker, I have no further re-
ited from the Soviet Union and has signed            prosperity and democratic progress of the              quests for time, and I yield back the
onto the Nuclear Non-Proliferation Treaty.           Ukraine—and what takes place in Ukraine will           balance of my time.
   The new constitution adopted overwhelm-           reverberate well beyond the borders of that              The SPEAKER pro tempore (Mr.
ingly in June by Ukraine’s Rada by a vote of         country. It can rightfully be said, Mr. Speaker,       WICKER). The question is on the motion
315 to 36 with 12 members abstaining, estab-         that as Ukraine goes, so will go the newly             offered by the gentleman from New
lishes Ukraine as an independent and demo-           independent republics of the former Soviet             York [Mr. GILMAN] that the House sus-
cratic state. The new constitution guarantees        Union, including Russia.                               pend the rules and agree to the concur-
the rights of minorities, including allowing for         With the exception of Russia, Ukraine has          rent resolution, House Concurrent Res-
the autonomy of the Republic of Crimea within        the largest population of the former Soviet re-        olution 120, as amended.
its borders. Furthermore, it sets the stage for      publics. It also has the largest, most advanced          The question was taken.
that country’s next elections to take place for      and most highly diversified economy of all of            Mr. GILMAN. Mr. Speaker, I object
Parliament in 1998 and for President in 1999.        the independent former Soviet Republics. If            to the vote on the ground that a
   While Ukraine still has many problems to          Ukraine is able to maintain its sovereignty and        quorum is not present and make the
deal with, in particular commercial law reform,      its independence from Russia while at the
                                                                                                            point of order that a quorum is not
Chernobyl, and its energy shortfall, the frame-      same time establishing the economic and po-
                                                                                                            present.
work now exists with the new constitution to         litical ties with its closest and largest neighbor,
                                                                                                              The SPEAKER pro tempore. Pursu-
make even more substantial progress over the         this will bring us a good deal closer to our
                                                                                                            ant to clause 5 of rule I and the Chair’s
next few years. Such progress deserves the           goal of seeing democracy take root throughout
                                                                                                            prior announcement, further proceed-
support of the United States.                        the former Soviet Union. We must encourage
                                                                                                            ings on this motion will be postponed.
   I urge all my colleagues to vote for the reso-    Russia to recognize, respect, and observe in
                                                                                                              The point of no quorum is considered
lution and take a good hard look at Ukraine.         practice the full sovereignty of Ukraine. This is
                                                                                                            withdrawn.
Congress needs to provide assistance to en-          as important a consideration for the policy of
sure that this country remains on the path to-       the United States toward Russia as it is of our
ward democracy and a free market economy.            policy toward Ukraine.                                           GENERAL LEAVE
                                                         We have reason for considerable optimism
   The House should soon get its chance if an                                                                 Mr. GILMAN. Mr. Speaker, I ask
                                                     in regard to the progress of democracy in
agreement is reached on the fiscal year 1997                                                                unanimous consent that all Members
                                                     Ukraine, Mr. Speaker. The Presidential elec-
Foreign Operations appropriation which will                                                                 may have 5 legislative days within
                                                     tion on July 19, 1994, and parliamentary elec-
hopefully include $225 million in earmarked                                                                 which to revise and extend their re-
                                                     tions that took place just a few months earlier
aid for Ukraine. This money will be used to                                                                 marks on the concurrent resolution
                                                     on March 27, 1994, are important milestones
help support needed infrastructure changes                                                                  just considered.
                                                     in democracy in Ukraine. For a population that
within Ukraine and help to shore up Ukraine’s                                                                 The SPEAKER pro tempore. Is there
                                                     has not had the benefit of a tradition of a free
nuclear energy program.                              and open and democratic electoral process,             objection to the request of the gen-
   Mrs. LOWEY. Mr. Speaker, I rise in strong                                                                tleman from New York?
                                                     the people of Ukraine have shown a remark-
support of House Concurrent Resolution 120,                                                                   There was no objection.
                                                     able commitment to democracy through their
a resolution acknowledging Ukraine’s commit-
                                                     participation in these elections.
ment to democracy. Ukraine is one of our                 Mr. Speaker, an important marker that is on
most important allies among the New Inde-                                                                    VOICE OF AMERICA RECORDINGS
                                                     the horizon is the adoption of a new constitu-
pendent States [NIS] of the former Soviet            tion for Ukraine. As the people and the Gov-             Mr. DOOLITTLE. Mr. Speaker, I
Union. Since its independence in 1991,               ernment of Ukraine make progress in working            move to suspend the rules and pass the
Ukraine has instituted democratic reforms,           on their new constitution, it is important that        bill (H.R. 3916) to make available cer-
making it the most stable country in the re-         they provide assurances of full civil and              tain Voice of America and Radio Marti
gion.                                                human rights for all peoples of Ukraine. That          multilingual computer readable text
   In 1994, Ukraine held democratic elections,       is of vital importance to the future of that           and voice recordings.
voting in a new parliament and a new presi-          country, and it is vital for the future of relations     The Clerk read as follows:
dent. Ukraine has accepted all of our re-            between the United States and Ukraine. We in                               H.R. 3916
quests, including the ratification of START and      the United States have a strong commitment               Be it enacted by the Senate and House of Rep-
NPT, and instituted economic reforms that            to respect for civil and human rights, and—as          resentatives of the United States of America in
have won praise from the IMF and G–7.                is evident from the attention and focus we give        Congress assembled,
   I am proud to congratulate Ukraine on its         to the annual ‘‘Country Reports on Human               SECTION 1. AVAILABILITY OF VOICE OF AMERICA
democratic record. Ukraine has the sixth larg-       Rights Practices’’—our relationship with other                     AND RADIO MARTI MULTILINGUAL
est population in Europe, and plays an integral      countries is very much conditioned upon their                      COMPUTER READABLE TEXT AND
                                                                                                                        VOICE RECORDINGS.
role in European peace and stability. Given          respect for these important rights. We in the
Ukraine’s importance in the region, it is critical                                                            (a) IN GENERAL.—Notwithstanding section
                                                     United States wish President Kuchma, the               208 of the Foreign Relations Authorization
that the United States show strong economic          Government, and the Parliament success as              Act, Fiscal Years 1986 and 1987 (22 U.S.C.
support for Ukraine.                                 they work out the details of this fundamental          1461–1a) and the second sentence of section
   Although there have been reductions in the        charter of democracy.                                  501 of the United States Information and
foreign aid budget, we must continue to make             Mr. Speaker, we in the United States also          Educational Exchange Act of 1948 (22 U.S.C.
our international priorities very clear. We must     have a strong interest in the success of eco-          1461), the Director of the United States Infor-
send a clear signal to Ukraine, and other            nomic reform in Ukraine. Moving ahead quick-           mation Agency is authorized to make avail-
emerging democracies, that the United States         ly to transform the economy is essential for           able, upon request, to the Linguistic Data
supports efforts to adopt democratic reforms,                                                               Consortium of the University of Pennsylva-
                                                     democratic progress and for the prosperity of
                                                                                                            nia computer readable multilingual text and
maintain a good human rights record,                 the Ukrainian people. The social and eco-              recorded speech in various languages. The
progress with economic reforms, and unilater-        nomic and political change in Ukraine has not          Consortium shall, directly or indirectly as
ally disarm their nuclear arsenal.                   been easy on the citizens of that country, and         appropriate, reimburse the Director for any
   Mr. Speaker, Ukraine is deserving of our re-      for this reason it is important that economic          expenses involved in making such materials
spect, praise, and commitment.                       growth provide material benefits for the peo-          available.
   Mr. LANTOS. Mr. Speaker, I thank the              ple. We in the United States have a stake in             (b) TERMINATION.—Subsection (a) shall
chairman of the International Relations Com-         that success, and it is important that we here         cease to have effect 5 years after the date of
mittee for his effort and insight in bringing this   undertake all efforts to assure victory in that        the enactment of this Act.
important resolution to the floor of the House       process.                                                 The SPEAKER pro tempore. Pursu-
today. I am pleased to join him as a cospon-             Mr. Speaker, I join in urging continued sup-       ant to the rule, the gentleman from
sor of this important resolution congratulating      port for the Ukrainian people in their ongoing         New York [Mr. GILMAN] and the gen-
Ukraine on the progress that this newly inde-        fight to bring peace, economic success, and            tleman from Indiana [Mr. HAMILTON]
pendent country has made toward achieving a          political democracy to Ukraine.                        will each control 20 minutes.
H9954                                 CONGRESSIONAL RECORD — HOUSE                                                 September 4, 1996
  The Chair recognizes the gentleman        considered unusual and valuable for re-            local authorities, is authorized to participate
from New York [Mr. GILMAN].                 search by this consortium because                  in the design, planning, and construction of
  Mr. GILMAN. Mr. Speaker, I yield          these services broadcast in so many                the North San Diego County Area Water Re-
                                                                                               cycling Project, consisting of projects to re-
myself such time as I may consume.          languages.                                         claim and reuse water within service areas of
  (Mr. GILMAN asked and was given             This research could lead to the devel-           the San Elijo Joint Powers Authority, the
permission to revise and extend his re-     opment of software that will help U.S.             Leucadia County Water District, the City of
marks.)                                     companies as well as Government agen-              Carlsbad, and the Olivenhain Municipal
  Mr. GILMAN. Mr. Speaker, I am             cies translate their products and tech-            Water District, California.
pleased to present H.R. 3916 to the         nology into other languages. This is an              ‘‘(b) COST SHARE.—The Federal share of the
House.                                                                                         cost of a project described in subsection (a)
                                            area where our European counterparts
  This bill, which was cosponsored by                                                          shall not exceed 25 percent of the total cost.
                                            are ahead of the United States.                      ‘‘(c) LIMITATION.—The Secretary shall not
my colleagues from New Jersey, Mr.            Research conducted as a result of                provide funds for the operation or mainte-
ANDREWS and Pennsylvania, Mr. FOX,          this bill could help U.S. companies                nance of a project described in subsection
will permit university-level linguistic     catch up.                                          (a).
researchers to use Voice of American          I commend the chairman for bringing              ‘‘SEC. 1616. CALLEGUAS MUNICIPAL WATER DIS-
and Radio Marti transcripts for the                                                                         TRICT RECYCLING PROJECT.
                                            this bill forward and I urge its adop-
purpose of research. The authority pro-                                                          ‘‘(a) AUTHORIZATION.—The Secretary, in co-
                                            tion.                                              operation with the appropriate State and
vided in this bill sunsets after 5 years.     Mr. Speaker, I yield back the balance            local authorities, is authorized to participate
  This legislation is necessary since       of my time.                                        in the design, planning, and construction of
the U.S. Information Agency is forbid-        Mr. GILMAN. Mr. Speaker, I have no               the Calleguas Municipal Water District Re-
den to disseminate domestically the         further requests for time, and I yield             cycling Project to reclaim and reuse water in
materials it produces. This legislation     back the balance of my time.                       the service area of the Calleguas Municipal
waives this prohibition, allowing USIA        The SPEAKER pro tempore. The                     Water District in Ventura County, Califor-
to provide computer-readable multi-                                                            nia.
                                            question is on the motion offered by                 ‘‘(b) COST SHARE.—The Federal share of the
lingual text and recorded speech in var-    the gentleman from New York [Mr.                   cost of a project described in subsection (a)
ious languages to the University of         GILMAN] that the House suspend the                 shall not exceed 25 percent of the total cost.
Pennsylvania’s Linguistic Data Con-         rules and pass the bill, H.R. 3916.                  ‘‘(c) LIMITATION.—The Secretary shall not
sortium. The authority to release the         The question was taken; and (two-                provide funds for the operation or mainte-
VOA transcripts is carefully targeted       thirds having voted in favor thereof)              nance of a project described in subsection
to the university-level research com-                                                          (a).
                                            the rules were suspended and the bill              ‘‘SEC. 1617. CENTRAL VALLEY WATER RECYCLING
munity.                                     was passed.                                                      PROJECT.
  All the data to be received by the          A motion to reconsider was laid on                 ‘‘(a) AUTHORIZATION.—The Secretary, in co-
Consortium will be processed in elec-       the table.                                         operation with the appropriate State and
tronic form by computers to create sta-                                                        local authorities, is authorized to participate
tistical tables and models of speech and                                                       in the design, planning, and construction of
written language, from which content                  GENERAL LEAVE                            the Central Valley Water Recycling Project
is not recoverable. Thus there is no                                                           to reclaim and reuse water in the service
                                              Mr. GILMAN. Mr. Speaker, I ask
question of the data being redistrib-                                                          areas of the Central Valley Reclamation Fa-
                                            unanimous consent that all Members                 cility and the Salt Lake County Water Con-
uted as news or as any kind of product      may have 5 legislative days within                 servancy District in Utah.
other than a data base for linguistic re-   which to revise and extend their re-                 ‘‘(b) COST SHARE.—The Federal share of the
search and development.                     marks on the subject of the measure                cost of a project described in subsection (a)
  The Linguistic Data Consortium is a       just considered.                                   shall not exceed 25 percent of the total cost.
nonprofit organization founded in 1992        The SPEAKER pro tempore. Is there                  ‘‘(c) LIMITATION.—The Secretary shall not
with the mission of making resources                                                           provide funds for the operation or mainte-
                                            objection to the request of the gen-               nance of a project described in subsection
for research in linguistic technologies     tleman from New York?                              (a).
widely available. About 80 companies,         There was no objection.                          ‘‘SEC. 1618. ST. GEORGE AREA WATER RECYCLING
universities, and government agencies                                                                        PROJECT.
are members of the consortium. The                                                               ‘‘(a) AUTHORIZATION.—The Secretary, in co-
data will be provided at not cost to the    RECLAMATION          RECYCLING    AND              operation with the appropriate State and
Government; the consortium is re-             WATER CONSERVATION ACT OF                        local authorities, is authorized to participate
quired to reimburse the Government            1996                                             in the design, planning, and construction of
for any costs the Government incurs.                                                           the St. George Area Water Recycling Project
                                              Mr. DOOLITTLE. Mr. Speaker, I                    to reclaim and reuse water in the service
  The U.S. Information Agency, I            move to suspend the rules and pass the             area of the Washington County Water Con-
should add, has no objective to the en-     bill (H.R. 3660) to make amendments to             servancy District in Utah.
actment of this legislation.                the Reclamation Wastewater and                       ‘‘(b) COST SHARE.—The Federal share of the
  Mr. Speaker, I reserve the balance of     Groundwater Study and Facilities Act,              cost of a project described in subsection (a)
my time.                                    and for other purposes, as amended.                shall not exceed 25 percent of the total cost.
  Mr. HAMILTON. Mr. Speaker, I yield                                                             ‘‘(c) LIMITATION.—The Secretary shall not
                                              The Clerk read as follows:                       provide funds for the operation or mainte-
myself such time as I may consume.                              H.R. 3660                      nance of a project described in subsection
Mr. Speaker, I rise in support of H.R.                                                         (a).
                                              Be it enacted by the Senate and House of Rep-
3916.                                       resentatives of the United States of America in    ‘‘SEC. 1619. WATSONVILLE AREA WATER RECY-
  As Chairman GILMAN has explained,         Congress assembled,                                             CLING PROJECT.
this bill will allow the U.S. Informa-      SECTION 1. SHORT TITLE.                              ‘‘(a) AUTHORIZATION.—The Secretary, in co-
tion Agency to make available certain         This Act may be cited as the ‘‘Reclamation       operation with the City of Watsonville, Cali-
transcripts and recordings to a re-         Recycling and Water Conservation Act of            fornia, is authorized to participate in the de-
search consortium associated with the       1996’’.                                            sign, planning, and construction of the
University of Pennsylvania.                                                                    Watsonville Area Water Recycling Project to
                                            SEC. 2. WATER RECYCLING PROJECTS.
                                                                                               reclaim and reuse water in the Pajaro Valley
  The Linguistic Data Consortium is           (a)    IN    GENERAL.—The          Reclamation   in Santa Cruz County, California.
associated with the University of Penn-     Projects Authorization and Adjustment Act            ‘‘(b) COST SHARE.—The Federal share of the
sylvania and other universities, compa-     of 1992 (43 U.S.C. 390h et seq.) is amended—       cost of a project described in subsection (a)
nies, and Government agencies. It will        (1) by redesignating sections 1615, 1616, and    shall not exceed 25 percent of the total cost.
use these materials in research into        1617 as sections 1631, 1632, and 1633, respec-       ‘‘(c) LIMITATION.—The Secretary shall not
                                            tively, and                                        provide funds for the operation or mainte-
computerized speech recognition and           (2) by inserting after section 1614 the fol-     nance of a project described in subsection
voice synthesis, document retrieval,        lowing new sections:                               (a).
computerized translation, and other         ‘‘SEC. 1615. NORTH SAN DIEGO COUNTY AREA           ‘‘SEC. 1620. SOUTHERN NEVADA WATER RECY-
areas.                                                   WATER RECYCLING PROJECT.                           CLING PROJECT.
  Transcripts of broadcasts by the            ‘‘(a) AUTHORIZATION.—The Secretary, in co-         ‘‘(a) AUTHORIZATION.—The Secretary, in co-
Voice of America and Radio Marti are        operation with the appropriate State and           operation with the appropriate State and
September 4, 1996                           CONGRESSIONAL RECORD — HOUSE                                                                 H9955
local authorities, is authorized to participate   Utah, is authorized to participate in the de-     ‘‘SEC. 1630. TOOELE WASTEWATER TREATMENT
in the design, planning, and construction of      sign, planning, and construction of the City                   AND REUSE PROJECT.
the Southern Nevada Water Recycling               of West Jordan Water Reuse Project to recy-         ‘‘(a) AUTHORIZATION.—The Secretary, in co-
Project to reclaim and reuse water in the         cle and reuse water in its service area from      operation with Tooele City, Utah, is author-
service area of the Southern Nevada Water         the South Valley Water Reclamation Facil-         ized to participate in the design, planning,
Authority in Clark County, Nevada.                ity Discharge Waters in Utah.                     and construction of the Tooele Wastewater
  ‘‘(b) COST SHARE.—The Federal share of the        ‘‘(b) COST SHARE.—The Federal share of the      Treatment and Reuse Project.
cost of a project described in subsection (a)     cost of a project described in subsection (a)       ‘‘(b) COST SHARE.—The Federal share of the
shall not exceed 25 percent of the total cost.    shall not exceed 25 percent of the total cost.    cost of a project described in subsection (a)
  ‘‘(c) LIMITATION.—The Secretary shall not         ‘‘(c) LIMITATION.—The Secretary shall not       shall not exceed 25 percent of the total cost.
provide funds for the operation or mainte-        provide funds for the operation or mainte-          ‘‘(c) LIMITATION.—The Secretary shall not
nance of a project described in subsection        nance of a project described in subsection        provide funds for the operation or mainte-
(a).                                              (a).                                              nance of a project described in subsection
‘‘SEC. 1621. ALBUQUERQUE METROPOLITAN AREA        ‘‘SEC.   1626.    HI-DESERT WATER DISTRICT IN     (a).’’.
              WATER RECLAMATION AND REUSE                          YUCCA    VALLEY,    CALIFORNIA     (b) CONFORMING AMENDMENTS.—
              STUDY.                                               WASTEWATER    COLLECTION   AND
                                                                                                      (1) Section 1631 of such Act, as redesig-
                                                                   REUSE FACILITY.
  ‘‘(a) AUTHORIZATION.—The Secretary, in co-                                                        nated by subsection (a)(1), is amended by
                                                    ‘‘(a) AUTHORIZATION.—The Secretary, in co-
operation with the city of Albuquerque, New                                                         striking out ‘‘1614’’ and inserting in lieu
                                                  operation with the appropriate State and
Mexico, is authorized to participate in the                                                         thereof ‘‘1630’’.
                                                  local authorities, is authorized to participate
Albuquerque Metropolitan Area Water Rec-                                                              (2) Section 1632(c) of such Act, as redesig-
                                                  in the design, planning, and construction of
lamation and Reuse Study to reclaim and                                                             nated by subsection (a)(1), is amended by
                                                  the Hi-Desert Water District in Yucca Val-
reuse industrial and municipal wastewater                                                           striking out ‘‘section 1617’’ and inserting in
                                                  ley, California wastewater collection and
and reclaim and use naturally impaired                                                              lieu thereof ‘‘section 1633’’.
                                                  reuse facility.
ground water in the Albuquerque metropoli-          ‘‘(b) COST SHARE.—The Federal share of the        (3) Section 1633 of such Act, as redesig-
tan area.                                         cost of a project described in subsection (a)     nated by subsection (a)(1), is amended by
  ‘‘(b) COST SHARE.—The Federal share of the                                                        striking out ‘‘section 1616’’ and inserting in
                                                  shall not exceed 25 percent of the total cost.
cost of a project described in subsection (a)       ‘‘(c) LIMITATION.—The Secretary shall not       lieu thereof ‘‘section 1632’’.
shall not exceed 25 percent of the total cost.    provide funds for the operation or mainte-          (c) CLERICAL AMENDMENTS.—The table of
  ‘‘(c) LIMITATION.—The Secretary shall not       nance of a project described in subsection        sections in section 2 of the Reclamation
provide funds for the operation or mainte-        (a).                                              Projects Authorization and Adjustment Act
nance of a project described in subsection        ‘‘SEC. 1627. MISSION BASIN BRACKISH GROUND-       of 1992 is amended—
(a).                                                           WATER DESALTING DEMONSTRA-             (1) by redesignating the items relating to
‘‘SEC. 1622. EL PASO WATER RECLAMATION AND                     TION PROJECT.                        sections 1615, 1616, and 1617 as items relating
              REUSE PROJECT.                        ‘‘(a) AUTHORIZATION.—The Secretary, in co-      to sections 1631, 1632, and 1633, respectively,
  ‘‘(a) AUTHORIZATION.—The Secretary, in co-      operation with the City of Oceanside, is au-      and
operation with the appropriate State and          thorized to participate in the design, plan-        (2) by inserting after the item relating to
local authorities, is authorized to participate   ning, and construction of a 3,000,000 gallon      section 1614 the following new items:
in the design, planning, and construction of      per day expansion of the Mission Basin                 ‘‘Sec. 1615. North San Diego County Area
the El Paso Water Reclamation and Reuse           Brackish Groundwater Desalting Demonstra-                        Water Recycling Project.
Project to reclaim and reuse wastewater in        tion Project in Oceanside, California.                 ‘‘Sec. 1616. Calleguas Municipal Water
the service area of the El Paso Water Utili-        ‘‘(b) COST SHARE.—The Federal share of the                     District Recycling Project.
ties Public Service Board, El Paso, Texas.        cost of a project described in subsection (a)          ‘‘Sec. 1617. Central Valley Water Recy-
  ‘‘(b) COST SHARE.—The Federal share of the      shall not exceed 25 percent of the total cost.                   cling Project.
cost of a project described in subsection (a)       ‘‘(c) LIMITATION.—The Secretary shall not            ‘‘Sec. 1618. St. George Area Water Recy-
shall not exceed 25 percent of the total cost.    provide funds for the operation or mainte-                       cling Project.
  ‘‘(c) LIMITATION.—The Secretary shall not       nance of a project described in subsection             ‘‘Sec. 1619. Watsonville Area Water Re-
provide funds for the operation or mainte-        (a).                                                             cycling Project.
nance of a project described in subsection        ‘‘SEC. 1628. TREATMENT OF EFFLUENT FROM THE
                                                                                                         ‘‘Sec. 1620. Southern Nevada Water Re-
(a).                                                            SANITATION DISTRICTS OF LOS AN-
                                                                GELES COUNTY THROUGH THE CITY                      cycling Project.
‘‘SEC. 1623. RECLAIMED WATER IN PASADENA.                                                                ‘‘Sec. 1621. Albuquerque      Metropolitan
                                                                OF LONG BEACH.
  ‘‘(a) AUTHORIZATION.—The Secretary, in co-        ‘‘(a) AUTHORIZATION.—The Secretary, in co-                     Area Water Reclamation and
operation with the appropriate State and          operation with the Water Replenishment                           Reuse Study.
local authorities, is authorized to participate   District of Southern California, the Orange            ‘‘Sec. 1622. El Paso Water Reclamation
in the design, planning, and construction of      County Water District in the State of Cali-                      and Reuse Project.
the City of Pasadena, California, reclaimed       fornia, and other appropriate authorities, is          ‘‘Sec. 1623. Reclaimed Water in Pasa-
water project to obtain, store, and use re-       authorized to participate in the design, plan-                   dena.
claimed water in Pasadena and its service         ning, and construction of water reclamation            ‘‘Sec. 1624. Phase 1 of the Orange County
area, as well as neighboring communities.         and reuse projects to treat approximately                        Regional Water Reclamation
  ‘‘(b) COST SHARE.—The Federal share of the                                                                       Project.
                                                  10,000 acre-feet per year of effluent from the
cost of a project described in subsection (a)                                                            ‘‘Sec. 1625. City of West Jordan Water
                                                  sanitation districts of Los Angeles County
shall not exceed 25 percent of the total cost.                                                                     Reuse Project.
                                                  through the city of Long Beach.
  ‘‘(c) LIMITATION.—The Secretary shall not         ‘‘(b) COST SHARE.—The Federal share of the           ‘‘Sec. 1626. Hi-Desert Water District in
provide funds for the operation or mainte-        cost of a project described in subsection (a)                    Yucca      Valley,     California
nance of a project described in subsection        shall not exceed 25 percent of the total cost.                   Wastewater      Collection    and
(a).                                                ‘‘(c) LIMITATION.—The Secretary shall not                      Reuse Facility.
‘‘SEC. 1624. PHASE 1 OF THE ORANGE COUNTY RE-     provide funds for the operation or mainte-             ‘‘Sec. 1627. Mission     Basin    Brackish
              GIONAL    WATER    RECLAMATION      nance of a project described in subsection                       Groundwater Desalting Dem-
              PROJECT.
                                                  (a).                                                             onstration Project.
  ‘‘(a) AUTHORIZATION.—The Secretary, in co-      ‘‘SEC. 1629. SAN JOAQUIN AREA WATER RECY-              ‘‘Sec. 1628. Treatment of effluent from
operation with the appropriate State and                       CLING AND REUSE PROJECT.                            the sanitation districts of Los
local authorities, is authorized to participate     ‘‘(a) AUTHORIZATION.—The Secretary, in co-                     Angeles County through the
in the design, planning, and construction of      operation with the appropriate State and                         City of Long Beach.
phase 1 of the Orange County Regional Water       local authorities, is authorized to participate        ‘‘Sec. 1629. San Joaquin Area Water Re-
Reclamation Project, to reclaim and reuse         in the design, planning, and construction of                     cycling and Reuse Project.
water within the service area of the Orange       the San Joaquin Area Water Recycling and               ‘‘Sec. 1630. Tooele Wastewater Treat-
County Water District in California.              Reuse Project, in cooperation with the City                      ment and Reuse Project.’’.
  ‘‘(b) COST SHARE.—The Federal share of the      of Tracy, and consisting of participating
cost of a project described in subsection (a)                                                       SEC. 3. APPRAISAL INVESTIGATIONS.
                                                  projects which will reclaim and reuse water
shall not exceed 25 percent of the total cost.                                                        Section 1603(b) of (43 U.S.C. 390h–1(b)) is
                                                  within the County of San Joaquin in Califor-
  ‘‘(c) LIMITATION.—The Secretary shall not                                                         amended in the matter preceding paragraph
                                                  nia.
provide funds for the operation or mainte-          ‘‘(b) COST SHARE.—The Federal share of the      (1) by inserting ‘‘by the Secretary or the
nance of a project described in subsection        cost of a project described in subsection (a)     non-Federal project sponsor’’ after ‘‘under-
(a).                                              shall not exceed 25 percent of the total cost.    taken’’.
‘‘SEC. 1625. CITY OF WEST JORDAN WATER REUSE        ‘‘(c) LIMITATION.—The Secretary shall not       SEC. 4. FEASIBILITY STUDIES.
              PROJECT.                            provide funds for the operation or mainte-          Section 1604(c) of the Reclamation Projects
  ‘‘(a) AUTHORIZATION.—The Secretary, in co-      nance of a project described in subsection        Authorization and Adjustment Act of 1992 (43
operation with the City of West Jordan,           (a).                                              U.S.C. 390h–2(c)) is amended—
H9956                                        CONGRESSIONAL RECORD — HOUSE                                               September 4, 1996
  (1) in the matter preceding paragraph (1),          ‘‘(B) the Secretary has determined that the       This bill limits the Federal cost
by striking ‘‘authorized’’ and inserting ‘‘con-     non-Federal project sponsor is financially        share for most of these reuse projects
ducted by the Secretary or the non-Federal          capable of funding the non-Federal share of       to 25 percent of the design and con-
project sponsor’’;                                  the project’s costs; and
                                                                                                      struction costs, and does not authorize
  (2) in paragraph (3)—                               ‘‘(C) the Secretary has approved a cost-
  (A) by inserting ‘‘at least two alternative’’     sharing agreement with the non-Federal            any funds for operation and mainte-
after ‘‘(3)’’,                                      project sponsor which commits the non-Fed-        nance expenses. Title to all projects
  (B) by striking ‘‘and’’ after ‘‘measures’’        eral project sponsor to funding its propor-       under this bill, as well as those author-
and inserting ‘‘or’’, and                           tionate share of the project’s construction       ized under the 1992 act, would be held
  (C) by inserting ‘‘for the project under con-     costs on an annual basis.                         by the non-Federal project sponsors.
sideration’’ after ‘‘reuse’’;                         ‘‘(2) The requirements of paragraph (1)           In an effort to establish more strin-
  (3) in paragraph (4), by striking ‘‘and,’’ at     shall not apply to those projects authorized
                                                                                                      gent criteria for projects receiving ini-
the end;                                            by this title for which funds were appro-
                                                    priated prior to January 1, 1996.                 tial Federal funding after January 1,
  (4) in paragraph (5), by striking ‘‘or’’ at the
end of subparagraph (A), by striking the pe-          ‘‘(c) The Secretary shall notify the Com-       1996, the bill makes certain changes to
riod at the end of subparagraph (B) and in-         mittees on Resources and Appropriations of        the underlying 1992 act. Those changes
serting ‘‘, or’’, and by adding at the end the      the House of Representatives and the Com-         include requirements that appraisal in-
following:                                          mittees on Energy and Natural Resources           vestigations and feasibility studies be
  ‘‘(C) reduce the demand on existing Federal       and Appropriations of the Senate within 30        conducted before funds can be appro-
water supply facilities,;’’; and                    days after the signing of a cost-sharing
                                                    agreement pursuant to subsection (b) that         priated for the project, and that a cost-
  (5) by adding at the end the following:                                                             sharing agreement between the Sec-
  ‘‘(6) the market or dedicated use for re-         such an agreement has been signed and that
                                                    the Secretary has determined that the non-        retary and the non-Federal sponsor be
claimed water in the project’s service area;
and                                                 Federal project sponsor is financially capa-      signed. Finally, H.R. 3660 establishes a
  ‘‘(7) the financial capability of the non-        ble of funding the project’s non-Federal          cap on the Federal share of the costs
                                                    share of the project’s costs.                     for an individual project, not to exceed
Federal project sponsor to fund its propor-
                                                      ‘‘(d)(1) Notwithstanding any other provi-
tionate share of the project’s construction
                                                    sion of this title and except as provided by
                                                                                                      $20 million for any project not already
costs on an annual basis.’’.                        paragraph (2), the Federal share of the costs     receiving Federal funding.
SEC. 5. DESALINATION RESEARCH AND DEVELOP-
                                                    of each of the individual projects authorized       H.R. 3660 expands an important water
            MENT PROJECT.
                                                    by this title shall not exceed $20,000,000 (Oc-   reuse program that can help solve the
  Section 1605 of the Reclamation Projects
                                                    tober 1996 prices).                               growing water supply problems facing
Authorization and Adjustment Act of 1992 (43          ‘‘(2) In the case of any project authorized
U.S.C. 390h–3) is amended—                                                                            many western communities and I urge
                                                    by this title for which construction funds        my colleagues to support the bill.
  (1) by designating the existing text as sub-      were appropriated before January 1, 1996, the
section (a); and                                                                                        Mr. Speaker, I reserve the balance of
                                                    Federal share of the cost of such project may
  (2) by adding at the end the following:           not exceed the amount specified as the ‘total     my time.
  ‘‘(b)(1) The Secretary, in cooperation with       Federal obligation’ for that project in the         Mr. MILLER of California. Mr.
the city of Long Beach, the Central Basin           budget justification made by the Bureau of        Speaker, I yield myself such time as I
Municipal Water District, and the Metropoli-        Reclamation for fiscal year 1997, as con-         may consume.
tan Water District of Southern California           tained in part 3 of the report of the hearing       (Mr. MILLER of California asked and
may participate in the design, planning, and        held on March 27, 1996, before the Sub-
construction of the Long Beach Desalination                                                           was given permission to revise and ex-
                                                    committee on Energy and Water Develop-            tend his remarks.)
Research and Development Project in Los             ment of the Committee on Appropriations of
Angeles County, California.                                                                             Mr. MILLER of California. Mr.
                                                    the House of Representatives.’’.
  ‘‘(2) The Federal share of the cost of the                                                          Speaker, I rise in support of this legis-
project described in paragraph (1) shall not          The SPEAKER pro tempore. Pursu-                 lation.
exceed 50 percent of the total.                     ant to the rule, the gentleman from                 H.R. 3660 amends title 16 of the Rec-
  ‘‘(3) The Secretary shall not provide funds       California [Mr. DOOLITTLE] and the                lamation Projects Authorization and
for the operation or maintenance of the             gentleman from California [Mr. MIL-               Adjustment Act of 1992 to authorize a
project described in paragraph (1).                 LER] each will control 20 minutes.
  ‘‘(c)(1) The Secretary, in cooperation with                                                         number of new projects for wastewater
                                                      The Chair recognizes the gentleman
the Southern Nevada Water Authority, may                                                              reclamation and reuse, and two new
                                                    from California [Mr. DOOLITTLE].
participate in the design, planning, and con-
                                                      Mr. DOOLITTLE. Mr. Speaker, I                   desalting projects.
struction of the Las Vegas Area Shallow Aq-                                                             I generally support the provisions of
uifer Desalination Research and Develop-
                                                    yield myself such time as I may
                                                    consume.                                          this legislation. I note, however, that
ment Project in Clark County, Nevada.                                                                 H.R. 3660 is the largest Western water
  ‘‘(2) The Federal share of the cost of the          (Mr. DOOLITTLE asked and was
project described in paragraph (1) shall not        given permission to revise and extend             project authorization bill reported by
exceed 50 percent of the total.                     his remarks.)                                     the Committee on Resources in the
  ‘‘(3) The Secretary shall not provide funds         Mr. DOOLITTLE. Mr. Speaker, I rise              104th Congress, with a potential Fed-
for the operation or maintenance of the             in support of H.R. 3660. This bill would          eral cost of more than $150 million.
project described in paragraph (1).                 amend the Reclamation Wastewater                  Several of the projects authorized in
  ‘‘(d) A Federal contribution in excess of 25                                                        this bill have not been subject to hear-
percent for a project under this section may
                                                    and Groundwater Study and Facilities
                                                    Act of 1992 to authorize the Secretary            ings by the Resources Committee.
not be made until after the Secretary deter-
mines that the project is not feasible with-        of the Interior to participate in the de-           The bill sets some important new re-
out such Federal contribution.’’.                   sign, planning and construction of ad-            quirements for Federal participation in
SEC. 6. SAN FRANCISCO AREA WATER RECLAMA-           ditional water recycling and reuse                these wastewater reclamation projects:
            TION STUDY.                             projects.                                           Project sponsors must prepare ap-
   Section 1611(c) of the Reclamation Projects        This water reuse program, adminis-              praisal studies and feasibility-level
Authorization and Adjustment Act of 1992 (43        tered by the Bureau of Reclamation, is            studies before seeking Federal appro-
U.S.C. 390h–9(c)) is amended by striking            an important tool for western commu-              priations; my understanding of this bill
‘‘four’’ and inserting ‘‘five’’.
                                                    nities. At a time when few dams and               is that NEPA compliance is not
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  Section 1631 of the Reclamation Projects
                                                    storage reservoirs are being con-                 waived.
Authorization and Adjustment Act of 1992 (43        structed in the arid West, water reuse              Local sponsors must be able to dem-
U.S.C. 390h–13), as amended by section 2 of         is an ideal means of increasing the               onstrate that they can meet cost-shar-
this Act, is amended by inserting ‘‘(a)’’ be-       water supply in certain areas. Several            ing requirements.
fore ‘‘There are authorized’’ and by adding at      of the projects authorized in this bill             Meaningful cost-sharing agreements
the end the following:                              would use reclaimed water for ground-             must be executed.
  ‘‘(b)(1) Funds may not be appropriated for        water recharge, industrial applications,            In this bill, the Federal share for
the construction of any project authorized          irrigation, or municipal landscaping.             wastewater reclamation and reuse
by this title until after—
                                                    Using reclaimed water for these pur-              projects is limited to 25 percent of the
  ‘‘(A) an appraisal investigation and a fea-
sibility study that complies with the provi-        poses stretches potable water supplies,           total project cost, and the Federal
sions of sections 1603(b) or 1604(c), as the case   and reduces the demand on overdrafted             share of each wastewater reclamation
may be, have been completed by the Sec-             groundwater aquifers and surface water            project is capped at $20 million. The $20
retary or the non-Federal project sponsor;          supplies.                                         million per project cap on Federal
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                                   H9957
funding and the strict requirements for     water supply. Regional reclamation                  of 1992, to include additional worthy water
receiving Federal assistance are appro-     projects like this are expected to meet             reuse and recycling projects not named in the
priate and welcome additions to this        a large portion of California’s future              original bill.
bill.                                       water supply needs. Implementation of                  Economically and environmentally, the next
  The two desalination projects provide     these projects will reduce the San                  step to guaranteeing more dependable and
for Federal contributions up to 50 per-     Diego region’s reliance on imported                 cheaper supplies of water is water reuse and
cent of the total project costs, and Fed-   water and produce both economic and                 recycling.      Recycling     programs     treat
eral contributions for these projects       environmental benefits for all Califor-             wastewater that can be safely used to irrigate
are also capped at $20 million.             nians.                                              crops, land, golf courses, freeway medians,
  Wastewater reclamation and reuse              I would like to thank the committee             and replenish groundwater basins as well as
projects are a valuable tool for water      and the chairman for bringing this bill             supply water to industry.
management in the Western United            forward and ask that my colleagues                     Because of the success of title XVI, commu-
States; these projects can be used as an    support H.R. 3660.                                  nities from around the country are looking to
alternative to more expensive and en-           Mr. KIM. Mr. Speaker, I rise in support of      water recycling as an effective way to serve
vironmentally destructive traditional       H.R. 3360 because it authorizes phase 1 of          their customers in an environmentally friendly
water projects. This legislation will un-   the Orange County Water Reclamation Project         manner. This program is a unique win-win pro-
doubtedly encourage many commu-             near my congressional district.                     gram which goes a long way toward preparing
nities in our heavily populated Western         I particularly want to thank chairman DOO-      for the future, preserving fresh water reserves,
States to proceed with water recycling      LITTLE, chairman HANSEN, and chairman               easing the burden of Federal mandates and
projects that will reduce the demand        YOUNG for their support and willingness to in-      protecting our environment.
on scarce freshwater supplies. As we        clude my project in their legislation.                 Mr. Speaker, I urge Members to support this
consider appropriations requests for            Last Congress, I introduced a free-standing     amendment, and I would like to thank you and
these projects in years to come, Mem-       bill, H.R. 4987, with Congressmen COX, DOR-         subcommittee chairman Mr. DOOLITTLE for
bers will have to decide whether the        NAN, PACKARD, and ROYCE to authorize the en-        your assistance with this measure.
relatively high costs of these projects     tire Orange County Water Reclamation                   Mr. DOOLITTLE. Mr. Speaker, I urge
make them worthwhile.                       Project.                                            passage of the bill. I have no further re-
  I urge my colleagues to support H.R.          This project is vital to the long-term water    quests for time, and I yield back the
3660.                                       supply of Orange County and the environ-            balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I             mental health of the Santa Ana River. As you           The SPEAKER pro tempore (Mr.
yield 3 minutes to the gentleman from       know, the long-term water supply outlook for        WICKER). The question is on the motion
California [Mr. CUNNINGHAM].                my constituents in Orange County is bleak.          offered by the gentleman from Califor-
  Mr. CUNNINGHAM. Mr. Speaker, I            Over the next several years, southern Califor-      nia [Mr. DOOLITTLE] that the House
rise today in support of H.R. 3660. This    nia will lose Colorado River Water to Arizona,      suspend the rules and pass the bill,
bill will provide an important piece of     and it’s doubtful that significant new supplies     H.R. 3660, as amended.
proenvironment legislation which will       will come from the north.                              The question was taken; and (two-
assist our local communities to build           In short, we have very few water options in     thirds having voted in favor thereof)
and design water reclamation and recy-      southern California. It is critical that we make    the rules were suspended and the bill,
cling projects.                             the most of our existing supplies and recycle       as amended, was passed.
  My district in San Diego County is        water wherever possible.                               A motion to reconsider was laid on
almost entirely dependent upon im-              Phase 1 of this project will capture 50,000
                                                                                                the table.
ported water for its industrial, residen-   acre feet of secondary effluent water per year
tial, and agricultural water supply         [AFY] from the county sanitation district, clean
needs. The majority of the imported         it, and then pump the recycled water to parks,      FORT      PECK     RURAL      COUNTY
water that reaches my congressional         industrial water users and the Santa Ana River        WATER SUPPLY SYSTEM ACT OF
district originates in northern Califor-    water recharge basins.                                1996
                                                Rather than dump the effluent water into the      Mr. DOOLITTLE. Mr. Speaker, I
nia or the Colorado River and is trans-
                                            Santa Ana and the Pacific Ocean, we can             move to suspend the rules and pass the
ported through a series of aqueducts
                                            clean it, use it for parks and industrial pur-      Senate bill (S. 1467) to authorize the
and pipelines that cross over the San
                                            poses, and recharge our ground water basins.        construction of the Fort Peck Rural
Andreas earthquake fault. As such,              When phase 2 and 3 of the project are com-
water supply in northern San Diego                                                              County Water Supply system, to au-
                                            pleted, Orange County will recycle 100,000
County is a limited resource that is                                                            thorize assistance to the Fort Peck
                                            acre feet of water per year. That’s enough
consistently at risk due to drought, de-                                                        Rural County Water District, Inc., a
                                            water for 400,000 constituents.
mands elsewhere in the State, and nat-                                                          nonprofit corporation, for the plan-
                                                This is a win-win project for the environment
ural disasters.                                                                                 ning, design, and construction of the
                                            and water users.
  To minimize the potential risks to            Again, let me thank the chairman and the        water supply system, and for other pur-
our water supply, water districts in my     Orange County delegation for their support of       poses, as amended.
congressional district have embarked        my project.                                           The Clerk read as follows:
on a number of water conservation and           The committee has put together a fine bill,                          S. 1467
reuse initiatives designed to reduce de-    and I urge all of my colleagues to vote for its       Be it enacted by the Senate and House of Rep-
mand and provide alternative supplies       passage.                                            resentatives of the United States of America in
for nonpotable applications. One of             Mr. HANSEN. Mr. Speaker, in 1992, Con-          Congress assembled,
these initiatives is the north San Diego    gress passed into law the Reclamation               SECTION 1. SHORT TITLE.
County Area Water Recycling Project.        Projects Authorization and Adjustment Act,            This Act may be cited as the ‘‘Fort Peck
This project is a cooperative effort be-                                                        Rural County Water Supply System Act of
                                            which authorized the Bureau of Reclamation          1996’’.
tween the Leucadia County Water Dis-        to contribute up to 25 percent of the cost of       SEC. 2. DEFINITIONS.
trict, the San Elijo Joint Powers Au-       designing and constructing water recycling            For the purposes of this Act:
thority, the Olivenhain Municipal           and reuse projects.                                   (1) CONSTRUCTION.—The term ‘‘construc-
Water District, and the city of Carls-          This program provides a sensible and last-      tion’’ means such activities associated with
bad, CA. When completed, the com-           ing solution to the growing problem of dwin-        the actual development or construction of
bined production of the two treatment       dling municipal, industrial, and agricultural       facilities as are initiated on execution of
plants will be up to 25 million gallons     water supplies in many areas of the country.        contracts for construction.
per day of recycled water. This water       It will also help preserve and protect environ-       (2) DISTRICT.—The term ‘‘District’’ means
can be used for landscaping, golf                                                               the Fort Peck Rural County Water District,
                                            mentally sensitive watersheds by reducing de-
                                                                                                Inc., a nonprofit corporation in Montana.
courses, schools, nurseries, agricul-       mands for freshwater supplies and by cutting          (3) FEASIBILITY STUDY.—The term ‘‘feasibil-
tural irrigation and industrial applica-    back on wastewater discharges into sensitive        ity study’’ means the study entitled ‘‘Final
tions.                                      bays and estuaries.                                 Engineering Report and Alternative Evalua-
  Reclaimed water is an increasingly            H.R. 3660 amends title XVI of the Reclama-      tion for the Fort Peck Rural County Water
important element in California’s           tion Projects Authorization and Adjustment Act      District’’, dated September 1994.
H9958                                     CONGRESSIONAL RECORD — HOUSE                                              September 4, 1996
  (4) PLANNING.—The term ‘‘planning’’ means        The SPEAKER pro tempore. Pursu-            want to acknowledge the gentleman
activities such as data collection, evalua-      ant to the rule, the gentleman from          from Montana, Mr. PAT WILLIAMS, for
tion,    design,   and    other    associated    California [Mr. DOOLITTLE] and the           the work he did on this legislation.
preconstruction activities required prior to
                                                 gentleman from California [Mr. MIL-            Mr. Speaker, I rise in support of S. 1467,
the execution of contracts for construction.
  (5) SECRETARY.—The term ‘‘Secretary’’          LER] each will control 20 minutes.           which would authorize appropriations for the
means the Secretary of the Interior.               The Chair recognizes the gentleman         construction of a rural water supply distribution
  (6) WATER SUPPLY SYSTEM.—The term              from California [Mr. DOOLITTLE].             facility for areas around Fort Peck Lake in
‘‘water supply system’’ means the Fort Peck        (Mr. DOOLITTLE asked and was               north-central Montana. Most residents of the
Rural County Water Supply System, to be          given permission to revise and extend        area now must have their drinking water deliv-
established and operated substantially in ac-    his remarks.)                                ered by tank truck.
cordance with the feasibility study.               Mr. DOOLITTLE. Mr. Speaker, I                The bill as amended would strictly limit Fed-
SEC. 3. FEDERAL ASSISTANCE FOR WATER SUP-        yield myself such time as I may              eral expenditures for upgrading the water sup-
           PLY SYSTEM.                           consume.
   (a) IN GENERAL.—Upon request of the Dis-
                                                                                              ply system, and I urge my colleagues to sup-
                                                   Mr. Speaker, I rise in support of S.       port S. 1467.
trict, the Secretary shall enter into a coop-    1467. This bill would authorize appro-
erative agreement with the District for the                                                     S. 1467 as amended also waives the statu-
                                                 priations of $5.8 million for construc-
planning, design, and construction by the                                                     tory 60-day congressional waiting period for
                                                 tion of a rural water supply distribu-
District of the water supply system. Title to                                                 approval of a Bureau of Reclamation dam
this project shall remain in the name of the     tion facility for areas around Fort
                                                                                              safety report for the Cachuma Project in Cali-
District.                                        Peck Lake in north-central Montana.
                                                                                              fornia. I have no objections to this provision of
   (b) SERVICE AREA.—The water supply sys-       The project includes upgrading an ex-
                                                                                              the bill.
tem shall provide for safe and adequate rural    isting water treatment plant and in-
water supplies under the jurisdiction of the
                                                                                                Mr. DOOLITTLE. Mr. Speaker, I urge
                                                 stalling water distribution pipelines.
District in Valley County, northeastern                                                       passage of the bill, and I yield back the
                                                 Currently, 95 percent of the residents
Montana (as described in the feasibility                                                      balance of my time.
                                                 of Valley County must haul their
study).                                                                                         The SPEAKER pro tempore. The
                                                 drinking water. In addition, this area
   (c) AMOUNT OF FEDERAL CONTRIBUTION.—                                                       question is on the motion offered by
   (1) IN GENERAL.—Subject to paragraph (3),     receives more than 280,000 visits each
                                                                                              the gentleman from California [Mr.
under the cooperative agreement, the Sec-        year from recreational users at Fort
                                                                                              DOOLITTLE] that the House suspend the
retary shall pay the Federal share of—           Peck Reservoir, and a reliable supply
                                                 of good quality drinking water is need-      rules and pass the Senate bill, S. 1467,
   (A) costs associated with the planning, de-
sign, and construction of the water supply       ed to serve these people.                    as amended.
system (as identified in the feasibility           In September 1994, the Bureau of Rec-        The question was taken; (and two-
study); and                                      lamation and HKM Associates com-             thirds having voted in favor thereof)
   (B) such means as are necessary to defray     pleted a final engineering report for        the rules were suspended and the Sen-
increases in the budget.                         the Fort Peck County Rural County            ate bill, as amended, was passed.
   (2) FEDERAL SHARE.—The Federal share re-                                                     A motion to reconsider was laid on
ferred to in paragraph (1) shall be 75 percent
                                                 Water District. The report examined 15
                                                 alternatives and recommended 1 that          the table.
and shall not be reimbursable.
   (3) TOTAL.—The amount of Federal funds        would construct a new intake in the
made available under the cooperative agree-      reservoir and water treatment facility          KENAI NATIVES ASSOCIATION
ment shall not exceed the amount of funds        near Duck Creek. The reservoir is con-       EQUITY ACT AMENDMENTS OF 1996
authorized to be appropriated under section      sidered to be the best source of water
4.                                               for a municipal system because the             Mr. DOOLITTLE. Mr. Speaker, I
   (4) LIMITATIONS.—Not more than 5 percent      water is of good quality and requires        move to suspend the rules and pass the
of the amount of Federal funds made avail-
                                                 only conventional treatment.                 bill (H.R. 401) entitled the ‘‘Kenai Na-
able to the Secretary under section 4 may be                                                  tives Association Equity Act,’’ as
used by the Secretary for activities associ-
                                                   The Federal cost-share on the project
                                                 would be 75 percent. All costs for oper-     amended.
ated with—                                                                                      The Clerk read as follows:
   (A) compliance with the National Environ-     ation and maintenance, as well as on-
mental Policy Act of 1969 (42 U.S.C. 4321 et     going energy needs, would be the re-                             H.R. 401
seq.); and                                       sponsibility of the District, and title to     Be it enacted by the Senate and House of Rep-
   (B) oversight of the planning, design, and    the facilities will remain with the Dis-     resentatives of the United States of America in
construction by the District of the water        trict. The bill contains a provision that    Congress assembled,
supply system.                                   terminates project authorization 5           SECTION 1. SHORT TITLE.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
                                                 complete fiscal years after enactment         This Act may be cited as the ‘‘Kenai Natives
  There are authorized to be appropriated to                                                  Association Equity Act Amendments of 1996’’.
                                                 if the project has not received con-
carry out this Act $5,800,000. This authoriza-                                                SEC. 2. FINDINGS AND PURPOSE.
tion shall terminate after a period of 5 com-    struction appropriations by then, ex-
                                                                                                (a) FINDINGS.—The Congress finds the follow-
plete fiscal years after the date of enactment   cept that the authorization shall be ex-     ing:
of this Act unless the Congress has appro-       tended by 1 additional fiscal year if the       (1) The United States Fish and Wildlife Serv-
priated funds for the construction purposes      Secretary of the Interior has requested      ice and Kenai Natives Association, Inc., have
of this Act. This authorization shall be ex-     an appropriation for construction.           agreed to transfers of certain land rights, in and
tended 1 additional year if the Secretary has      The last section of the bill will allow    near the Kenai National Wildlife Refuge, nego-
requested such appropriation. The funds au-      safety-of-dams work to proceed expedi-       tiated as directed by Public Law 102–458.
thorized to be appropriated may be increased     tiously at the Cachuma Project,                 (2) The lands to be acquired by the Service are
or decreased by such amounts as are justified                                                 within the area impacted by the Exxon Valdez
                                                 Bradbury Dam, California.
by reason of ordinary fluctuations in devel-                                                  oil spill of 1989, and these lands included impor-
                                                   This bill was noncontroversial during
opment costs incurred after October 1, 1994,                                                  tant habitat for various species of fish and wild-
as indicated by engineering cost indices ap-     the Resources Committee markup. It is        life for which significant injury resulting from
plicable to the type of construction project     our understanding that the State of          the spill has been documented through the
authorized under this Act. All costs which       Montana and the entire Montana dele-         EVOS Trustee Council restoration process. This
exceed the amounts authorized by this Act,       gation strongly support the project and      analysis has indicated that these lands gen-
including costs associated with the ongoing      this legislation. I urge my colleagues       erally have value for the restoration of such in-
energy needs, operation, and maintenance of      to support passage of this legislation.      jured natural resources as pink salmon, dolly
this project shall remain the responsibility       Mr. Speaker, I reserve the balance of      varden, bald eagles, river otters, and cultural
of the District.                                 my time.                                     and archaeological resources. This analysis has
SEC. 5. CACHUMA PROJECT, BRADBURY DAM,             Mr. MILLER of California. Mr.              also indicated that these lands generally have
           CALIFORNIA.                                                                        high value for the restoration of injured species
                                                 Speaker, I yield myself such time as I
  The prohibition against obligating funds                                                    that rely on these natural resources, including
for construction until 60 days from the date     may consume.                                 wilderness quality, recreation, tourism, and sub-
that the Secretary of the Interior transmits       (Mr. MILLER of California asked and        sistence.
a report to the Congress in accordance with      was given permission to revise and ex-          (3) Restoration of the injured species will ben-
section 5 of the Reclamation Safety of Dams      tend his remarks.)                           efit from acquisition and the prevention of dis-
Act of 1978 (43 U.S.C. 509) is waived for the      Mr. MILLER of California. I rise in        turbances which may adversely affect their re-
Cachuma Project, Bradbury Dam, California.       support of this bill, Mr. Speaker, and       covery.
September 4, 1996                               CONGRESSIONAL RECORD — HOUSE                                                                        H9959
  (4) It is in the public interest to complete the     cess across KNA’s surface estate in the SW ⁄ of
                                                                                                     14      If KNA declines to operate such a site, the de-
conveyances provided for in this Act.                  section 21, T. 6 N., R. 9 W., Seward Meridian,        partment may do so under its existing authori-
  (b) PURPOSE.—The purpose of this Act is to           Alaska.                                               ties. Prior to the department undertaking any
authorize and direct the Secretary, at the elec-          (G) The conveyance of approximately 100            archaeological activities whatsoever on the
tion of KNA, to complete the conveyances pro-          acres within the Beaver Creek Patented Tract,         Stephanka Tract, KNA shall be consulted.
vided for in this Act.                                 which is contiguous to lands being retained by           (c) GENERAL PROVISIONS.—
SEC. 3. DEFINITIONS.                                   the United States contiguous to the Beaver               (1) REMOVAL OF KNA LANDS FROM THE NA-
                                                       Creek Patented Tract, in exchange for 280 acres       TIONAL WILDLIFE REFUGE SYSTEM.—
   For purposes of this Act, the term—
                                                       of Service lands currently situated within the           (A) Effective on the date of closing for the Ac-
   (1) ‘‘ANCSA’’ means the Alaska Native Claims
                                                       Beaver Creek Selected Tract.                          quisition Lands identified in subsection (b)(2),
Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
                                                          (2) LANDS TO BE CONVEYED TO KNA.—The               all lands retained by or conveyed to KNA pursu-
   (2) ‘‘ANILCA’’ means the Alaska National In-
                                                       rights provided or lands to be conveyed by the        ant to this Act, and the subsurface interests of
terest Lands Conservation Act (Public Law 96–
                                                       United States to KNA, are the following:              CIRI underlying such lands shall be automati-
487; 94 Stat. 2371 et seq.);
   (3) ‘‘conservation system unit’’ has the same          (A) The surface and subsurface estate to ap-       cally removed from the National Wildlife Refuge
                                                       proximately 5 acres, subject to reservations of       System and shall neither be considered as part
meaning as in section 102(4) of ANILCA (16
                                                       easements for existing roads and utilities, lo-       of the Refuge nor subject to any laws pertaining
U.S.C. 3102(4));
   (4) ‘‘CIRI’’ means the Cook Inlet Region, Inc.,     cated within the city of Kenai, Alaska, identi-       solely to lands within the boundaries of the Ref-
a Native Regional Corporation incorporated in          fied as United States Survey 1435, withdrawn by       uge. The conveyance restrictions imposed by
the State of Alaska pursuant to the terms of           Executive Order 2934, and known as the old            section 22(g) of ANCSA (i) shall then be ineffec-
ANCSA;                                                 Fish and Wildlife Service Headquarters site.          tive and cease to apply to such interests of KNA
                                                          (B) The remaining subsurface estate held by        and CIRI, and (ii) shall not be applicable to the
   (5) ‘‘EVOS’’ means the Exxon Valdez oil spill;
                                                       the United States to approximately 13,811 acres,      interests received by KNA in accordance with
   (6) ‘‘KNA’’ means the Kenai Natives Associa-
                                                       including portions of the Beaver Creek Patented       subsection (b)(2) or to the CIRI interests under-
tion, Inc., an urban corporation incorporated in
                                                       Tract, the Beaver Creek Selected Tract, and por-      lying them. The Secretary shall adjust the
the State of Alaska pursuant to the terms of
                                                       tions of the Swanson River Road West Tract            boundaries of the Refuge so as to exclude all in-
ANCSA;
   (7) ‘‘lands’’ means any lands, waters, or inter-    and the Swanson River Road East Tract, where          terests in lands retained or received in exchange
ests therein;                                          the surface was previously or will be conveyed        by KNA in accordance with this Act, including
   (8) ‘‘Refuge’’ means the Kenai National Wild-       to KNA pursuant to this Act. The conveyance of        both surface and subsurface, and shall also ex-
life Refuge;                                           these subsurface interests will be subject to the     clude all interests currently held by CIRI. On
   (9) ‘‘Secretary’’ means the Secretary of the In-    rights of CIRI to the coal, oil, and gas, and to      lands within the Swanson River Road East
terior;                                                all rights CIRI, its successors, and assigns          Tract, the boundary adjustment shall only in-
   (10) ‘‘Service’’ means the United States Fish       would have under paragraph 1(B) of the Terms          clude the surface estate where the subsurface
and Wildlife Service; and                              and Conditions, including the right to sand and       estate is retained by the United States.
   (11) ‘‘Terms and Conditions’’ means the Terms       gravel, to construct facilities, to have rights-of-      (B)(i) The Secretary, KNA, and CIRI shall
and Conditions for Land Consolidation and              way, and to otherwise develop its subsurface in-      execute an agreement within 45 days of the date
Management in the Cook Inlet Area, as clarified        terests.                                              of enactment of this Act which preserves CIRI’s
                                                          (C)(i) The nonexclusive right to use sand and      rights under paragraph 1(B)(1) of the Terms and
on August 31, 1976, ratified by section 12 of Pub-
                                                       gravel which is reasonably necessary for on-site      Conditions, addresses CIRI’s obligations under
lic Law 94–204 (43 U.S.C. 1611 note).
                                                       development without compensation or permit on         such paragraph, and adequately addresses man-
SEC. 4. ACQUISITION OF LANDS.
                                                       those portions of the Swanson River Road East         agement issues associated with the boundary
  (a) OFFER TO KNA.—                                   Tract, comprising approximately 1,738.04 acres;       adjustment set forth in this Act and with the
  (1) IN GENERAL.—Subject to the availability of       where the entire subsurface of the land is pres-      differing interests in land resulting from enact-
the funds identified in subsection (b)(3), no later    ently owned by the United States. The United          ment of this Act.
than 90 days after the date of enactment of this       States shall retain the ownership of all other           (ii) In the event that no agreement is executed
Act, the Secretary shall offer to convey to KNA        sand and gravel located within the subsurface         as provided for in clause (i), solely for the pur-
the interests in land and rights set forth in sub-     and KNA shall not sell or dispose of such sand        poses of administering CIRI’s rights under para-
section (b)(2), subject to valid existing rights, in   and gravel.                                           graph 1(B)(1) of the Terms and Conditions, the
return for the conveyance by KNA to the United            (ii) The right to excavate within the sub-         Secretary and CIRI shall be deemed to have re-
States of the interests in land or relinquishment      surface estate as reasonably necessary for struc-     tained their respective rights and obligations
of ANCSA selections set forth in subsection            tures, utilities, transportation systems, and         with respect to CIRI’s subsurface interests
(b)(1). Payment for the lands conveyed to the          other development of the surface estate.              under the requirements of the Terms and Condi-
United States by KNA is contingent upon KNA’s             (D) The nonexclusive right to excavate within      tions in effect on June 18, 1996. Notwithstanding
acceptance of the entire conveyance outlined           the subsurface estate as reasonably necessary         the boundary adjustments made pursuant to
herein.                                                for structures, utilities, transportation systems,    this Act, conveyances to KNA shall be deemed to
   (2) LIMITATION.—The Secretary may not con-          and other development of the surface estate on        remain subject to the Secretary’s and CIRI’s
vey any lands or make payment to KNA under             the SW1⁄4, section 21, T. 6 N., R. 9 W., Seward       rights and obligations under paragraph 1(B)(1)
this section unless title to the lands to be con-      Meridian, Alaska, where the entire subsurface         of the Terms and Conditions.
veyed by KNA under this Act has been found by          of the land is owned by the United States and            (C) The Secretary is authorized to acquire by
the United States to be sufficient in accordance       which public lands shall continue to be with-         purchase or exchange, on a willing seller basis
with the provisions of section 355 of the Revised      drawn from mining following their removal from        only, any lands retained by or conveyed to
Statutes (40 U.S.C. 255).                              the Refuge boundary under subsection (c)(1)(B).       KNA. In the event that any lands owned by
   (b) ACQUISITION LANDS.—                             The United States shall retain the ownership of       KNA are subsequently acquired by the United
   (1) LANDS TO BE CONVEYED TO THE UNITED              all other sand and gravel located within the          States, they shall be automatically included in
STATES.—The lands to be conveyed by KNA to             subsurface of this parcel.                            the Refuge System. The laws and regulations
the United States, or the valid selection rights          (E) The surface estate of approximately 280        applicable to Refuge lands shall then apply to
under ANCSA to be relinquished, all situated           acres known as the Beaver Creek Selected Tract.       these lands and the Secretary shall then adjust
within the boundary of the Refuge, are the fol-        This tract shall be conveyed to KNA in ex-            the boundaries accordingly.
lowing:                                                change for lands conveyed to the United States           (D) Nothing in this Act is intended to enlarge
   (A) The conveyance of approximately 803             as described in subsection (b)(1)(B).                 or diminish the authorities, rights, duties, obli-
acres located along and on islands within the             (3) PAYMENT.—The United States shall make a        gations, or the property rights held by CIRI
Kenai River, known as the Stephanka Tract.             total cash payment to KNA for the above-de-           under the Terms and Conditions, or otherwise
   (B) The conveyance of approximately 1,243           scribed lands of $4,443,000, contingent upon the      except as set forth in this Act. In the event of
acres located along the Moose River, known as          appropriate approvals of the Federal or State of      the purchase by the United States of any lands
the Moose River Patented Lands Tract.                  Alaska EVOS Trustees (or both) necessary for          from KNA in accordance with paragraph (1)(B),
   (C) The relinquishment of KNA’s selection           any expenditure of the EVOS settlement funds.         the United States shall reassume from KNA the
known as the Moose River Selected Tract, con-             (4) NATIONAL REGISTER OF HISTORIC PLACES.—         rights it previously held under the Terms and
taining approximately 753 acres located along          Upon completion of the acquisition authorized         Conditions and the provisions in any patent im-
the Moose River.                                       in subsection (a), the Secretary shall, at no cost    plementing section 22(g) of ANCSA will again
   (D) The relinquishment of KNA’s remaining           to KNA, in coordination with KNA, promptly            apply.
ANCSA entitlement of approximately 454 acres.          undertake to nominate the Stephanka Tract to             (E) By virtue of implementation of this Act,
   (E) The relinquishment of all KNA’s remain-         the National Register of Historic Places, in rec-     CIRI is deemed entitled to 1,207 acres of in-lieu
ing overselections. Upon completion of all             ognition of the archaeological artifacts from the     subsurface entitlement under section 12(a)(1) of
relinquishments outlined above, all KNA’s enti-        original Dena’ina Settlement. If the Department       ANCSA. Such entitlement shall be fulfilled in
tlement shall be deemed to be extinguished and         of the Interior establishes a historical, cultural,   accordance with paragraph 1(B)(2)(A) of the
the completion of this acquisition will satisfy all    or archaeological interpretive site, KNA shall        Terms and Conditions.
of KNA’s ANCSA entitlement.                            have the exclusive right to operate a Dena’ina           (2) MAPS AND LEGAL DESCRIPTIONS.—Maps
   (F) The conveyance of an access easement            interpretive site on the Stephanka Tract under        and a legal description of the lands described
providing the United States and its assigns ac-        the regulations and policies of the department.       above shall be on file and available for public
H9960                                          CONGRESSIONAL RECORD — HOUSE                                                 September 4, 1996
inspection in the appropriate offices of the Unit-    BLM shall not allow any new type of activity in        The Fish and Wildlife Service has
ed States Department of the Interior, and the         the Special Management Area without first con-      proposed in order to maintain natural
Secretary shall, no later than 90 days after en-      ferring with the Committee in a timely manner.      resource protection and values, that
actment of this Act, prepare a legal description        (c) ACCESS.—The Secretary shall allow the fol-
                                                      lowing:                                             Congress     designate    approximately
of the lands described in subsection (b)(1)(G).
Such maps and legal description shall have the          (1) Private access for any purpose, including     37,000 acres as a BLM Special Manage-
same force and effect as if included in the Act,      economic development, to lands within the           ment Area in exchange for removing
except that the Secretary may correct clerical        boundaries of the Special Management Area           15,500 acres from the Refuge. This pro-
and typographical errors.                             which are owned by third parties or are held in     posal has been incorporated into H.R.
  (3) ACCEPTANCE.—KNA may accept the offer            trust by the Secretary for third parties pursuant   401. The Special Management Area
made in this Act by notifying the Secretary in        to the Alaska Native Allotment Act (25 U.S.C.
                                                                                                          would be created adjacent to an exist-
writing of its decision within 180 days of receipt    336). Such rights may be subject to restrictions
                                                      issued by the BLM to protect subsistence uses of    ing refuge in north-central Alaska.
of the offer. In the event the offer is rejected,
                                                      the Special Management Area.                        Management of the area will be subject
the Secretary shall notify the Committee on Re-
sources of the House of Representatives and the         (2) Existing public access across the Special     to existing subsistence preferences and
Committee on Energy and Natural Resources             Management Area. Section 1110(a) of ANILCA          valid existing rights. Furthermore,
and the Committee on Environment and Public           shall apply to the Special Management Area.         public access will be protected and
Works of the Senate.                                    (d) SECRETARIAL ORDER AND MAPS.—The Sec-          residents of surrounding villages will
  (4) FINAL MAPS.—Not later than 120 days after       retary shall file with the Committee on Re-
                                                      sources of the House of Representatives and the
                                                                                                          be given the ability to participate in
the conclusion of the acquisition authorized by                                                           decisions relative to management of
subsection (a), the Secretary shall transmit a        Committee on Energy and Natural Resources
                                                      and the Committee on Environment and Public         the area.
final report and maps accurately depicting the                                                               The Kenai Natives have waited long
lands transferred and conveyed pursuant to this       Works of the Senate, the Secretarial Order and
Act and the acreage and legal descriptions of         maps setting forth the boundaries of the Area       enough to resolve these land use issues.
such lands to the Committee on Resources of the       within 90 days of the completion of the acquisi-    Hopefully the Senate will move similar
House of Representatives and the Committee on         tion authorized by this Act. Once established,      legislation prior to the end of this leg-
Energy and Natural Resources and the Commit-          this Order may only be amended or revoked by        islative session. I urge Members sup-
tee on Environment and Public Works of the            Act of Congress.                                    port for this noncontroversial legisla-
                                                        (e) AUTHORIZATION OF APPROPRIATIONS.—
Senate.                                                                                                   tion.
                                                      There are authorized to be appropriated such
SEC. 5. ADJUSTMENTS TO NATIONAL WILDER-
                                                      sums as may be necessary to carry out the pur-         Mr. Speaker, I reserve the balance of
           NESS SYSTEM.                                                                                   my time.
                                                      poses of this Act.
  Upon acquisition of lands by the United                                                                    Mr. MILLER of California. Mr.
States pursuant to section 4(b)(1), that portion        The SPEAKER pro tempore. Pursu-
                                                      ant to the rule, the gentleman from                 Speaker, I yield myself such time as I
of the Stephanka Tract lying south and west of
the Kenai River, consisting of approximately 592      California [Mr. DOOLITTLE] and the                  may consume.
acres, shall be included in and managed as part       gentleman from California [Mr. MIL-                    Mr. Speaker, I rise in support of this
of the Kenai Wilderness and such lands shall be       LER] each will control 20 minutes.
                                                                                                          legislation. I thank the gentleman
managed in accordance with the applicable pro-          The Chair recognizes the gentleman                from Alaska, the chairman of the Com-
visions of the Wilderness Act and ANILCA.             from California [Mr. DOOLITTLE].                    mittee on Resources, for his sponsor-
SEC. 6. DESIGNATION OF LAKE TODATONTEN                  (Mr. DOOLITTLE asked and was                      ship of this bill and his long-standing
           SPECIAL MANAGEMENT AREA.                                                                       interest in the concerns of the Kenai
                                                      given permission to revise and extend
  (a) PURPOSE.—To balance the potential effects                                                           Native Association.
on fish, wildlife, and habitat of the removal of
                                                      his remarks.)
                                                        Mr. DOOLITTLE. Mr. Speaker, I                        This bill would ratify an agreement
KNA lands from the Refuge System, the Sec-                                                                negotiated between KNA and the De-
retary is hereby directed to withdraw, subject to     yield myself such time as I may
                                                      consume.                                            partment of the Interior. The bill pro-
valid existing rights, from location, entry, and
patent under the mining laws and to create as           Mr. Speaker, H.R. 401 was reported by             vides the Native corporation with clear
a special management unit for the protection of       the Resources Committee by a voice                  title to lands received under the Alas-
fish, wildlife, and habitat, certain unappropri-      vote on June 19. The bill enjoys broad              ka Native Claims Settlement Act
ated and unreserved public lands, totaling ap-        bipartisan support, including the sup-              which are within the boundaries of the
proximately 37,000 acres adjacent to the west         port of the Department of the Interior.             Kenai National Wildlife Refuge and
boundary of the Kanuti National Wildlife Ref-           H.R. 401 does several things, a few of            subject to development restrictions. To
uge to be known as the ‘‘Lake Todatonten Spe-                                                             equalize values in the exchange, KNA
cial Management Area’’, as depicted on the map
                                                      which I will briefly mention.
                                                        First, the bill solves a longstanding             also would receive $4.4 million from the
entitled Proposed: Lake Todatonten Special
Management Area, dated June 13, 1996, and to          dispute between the U.S. Fish and                   Exxon Valdez oil spill trust fund. Ac-
be managed by the Bureau of Land Manage-              Wildlife Service and the Kenai Natives              cordingly, this bill has no negative im-
ment.                                                 Association [KNA] over lands owned by               pact on the Federal budget.
   (b) MANAGEMENT.—                                   KNA that are located within the Kenai                  In return, the Kenai National Wild-
   (1) Such designation is subject to all valid ex-   Wildlife Refuge. KNA has been pre-                  life Refuge would benefit by the acqui-
isting rights as well as the subsistence pref-        cluded from developing approximately                sition of over 3,000 acres of prime fish
erences provided under title VIII of ANILCA.          15,500 acres that were conveyed to                  and wildlife habitat along the Kenai
Any lands conveyed to the State of Alaska shall                                                           River, one of the most important fish-
be removed from the Lake Todatonten Special
                                                      them pursuant to passage of the Alas-
Management Area.                                      ka Native Claims Settlement Act in                  ing and recreational watersheds in
   (2) The Secretary may permit any additional        1971. Under H.R. 401, those 15,500 acres            Alaska. About 592 acres of these ac-
uses of the area, or grant easements, only to the     of KNA-owned land will be removed                   quired lands would be designated part
extent that such use, including leasing under         from the Refuge and all associated de-              of the refuge wilderness. The habitat
the mineral leasing laws, is determined to not        velopment restrictions will be lifted.              values of the lands have been evaluated
detract from nor materially interfere with the          Second, H.R. 401 will allow the Fish              and their acquisition approved by the
purposes for which the Special Management             and Wildlife Service to acquire three               State-Federal trustee council which
Area is established.                                                                                      administers the Exxon Valdez trust
                                                      highly desirable parcels of land owned
   (3)(A) The BLM shall establish the Lake
Todatonten Special Management Area Commit-            by KNA and KNA’s remaining land en-                 fund. I have long supported prudent use
tee. The membership of the Committee shall con-       titlement at appraised value. A total of            of the Exxon Valdez monies for habitat
sist of 11 members as follows:                        2,253 acres of KNA lands will be ac-                protection in the region affected by the
   (i) Two residents each from the villages of        quired with Exxon Valdez oil spill set-             oil spill and I commend both Interior
ALatna, Allakaket, Hughes, and Tanana.                tlement funds for approximately $4.5                Secretary Babbitt and Alaska Gov-
   (ii) One representative from each of Doyon         million.                                            ernor Tony Knowles for their leader-
Corporation, the Tanana Chiefs Conference,              Finally, KNA will receive title to the            ship within the council.
and the State of Alaska.                              old Kenai National Wildlife Refuge                     In addition, to help compensate for
   (B) Members of the Committee shall serve
                                                      headquarters site in downtown Kenai,                the removal of KNA lands from the ref-
without pay.
   (C) The BLM shall hold meetings of the Lake        Alaska, which consists of a building                uge boundaries, a 37,000 acre special
Todatonten Special Management Area Commit-            and a 5-acre parcel—KNA would like to               fish and wildlife management area
tee at least once per year to discuss management      use this site for economic development              would be designated adjacent to the
issues within Special Management Area. The            purposes.                                           Kanuti National Wildlife Refuge in
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                 H9961
nothern Alaska and administered by                  (c) The boundaries of the Tahoe, Eldorado,      agement unit. A land management plan
the BLM.                                          Toiyabe National Forests are hereby modi-         for the unit was adopted by the agency
  Mr. Speaker, this legislation provides          fied to exclude those lands with the bound-       in 1988.
                                                  aries of the Lake Tahoe Basin National For-          H.R. 2122 would not change the way
significant opportunities for a Native
                                                  est.
corporation that has struggled for well             (d) The Secretary of Agriculture is author-     the lands are managed. The bill was
over a decade to find an accommoda-               ized to make corrections or adjustments in        amended by the Subcommittee on Na-
tion between the economic interests of            the boundaries of the Tahoe, Eldorado,            tional Parks, Forests and Lands to en-
its shareholders and the land manage-             Toiyabe, and Lake Tahoe Basin National            sure that the designation encompasses
ment interests of the Fish and Wildlife           Forests for administrative purposes.              all lands included in the management
Service. While other administrations              SEC. 3. LAND MANAGEMENT PLANNING.                 unit since it was established in 1973, as
have been indifferent to KNA’s plight,              (a) The Land and Resource Management            requested by the administration and
the Interior Department has attempted             Plan for the Lake Tahoe Basin Management          agreed to by Mrs. VUCANOVICH. The ad-
                                                  Unit dated December 2, 1988, shall constitute
in this bill to strike a reasonable bal-                                                            ministration supports the bill in its
                                                  the land management plan required by sec-
ance between the interests of Native              tion 6 of the Forest and Rangeland Renew-         current form, and the Forest Service
Alaskans and fish and wildlife protec-            able Resources Planning Act of 1974, as           supported similar legislation in the
tion. I urge the other body to avoid the          amended by the National Forest Manage-            102d Congress.
temptation to rewrite the environ-                ment Act of 1976 (16 U.S.C. 1604).                   I urge the Members of the House to
mental designations or otherwise gen-               (b) Nothing in this Act shall require the       approve this commonsense measure
erate controversy and opposition. It is           Forest Service to amend or revise—                that will clarify the designation of the
                                                    (1) the land and resource management plan       national forests in the Lake Tahoe
clearly in the best interests of KNA to
                                                  dated December 2, 1988, or its associated en-
have this legislation enacted into law                                                              Basin.
                                                  vironmental impact statement, or to prepare
this Congress.                                    a new plan or associated environmental im-
                                                                                                       Mr. Speaker, I reserve the balance of
  Mr. Speaker, I yield back the balance           pact statement; or                                my time.
of my time.                                         (2) any draft or final land and resource           Mr. MILLER of California. Mr.
  Mr. DOOLITTLE. Mr. Speaker, I have              management plan or associated environ-            Speaker, I yield myself such time as I
no further requests for time, I yield             mental impact statement for the Tahoe, El-        may consume.
back the balance of my time, and I                dorado or Toiyabe National Forests.                  Mr. Speaker, we support this legisla-
urge passage of the bill.                         SEC. 4. ADMINISTRATIVE PROVISIONS.                tion, and the administration supports
  The SPEAKER pro tempore. The                      (a) Any reference to the Lake Tahoe Basin       it.
                                                  Management Unit in any existing statute,             H.R. 2122 designates a new national forest,
question is on the motion offered by
                                                  regulation, manual, handbook, or otherwise        the Lake Tahoe Basin National Forest, from
the gentleman from California [Mr.                shall be deemed a reference to the Lake
DOOLITTLE] that the House suspend the                                                               lands within the Tahoe, Eldorado, and Toiyobe
                                                  Tahoe Basin National Forest.
rules and pass the bill, H.R. 401, as               (b) Nothing in this Act shall affect—           National Forests. Currently the lands, which
amended.                                            (1) any provisions of Public Law 96–551 (94     total about 152,000 acres, are designated as
  The question was taken; and (two-               Stat. 3233), giving Congressional consent to      the Lake Tahoe Basin Management Unit and
thirds having voted in favor thereof)             the Tahoe Planning Compact;                       administered as a separate unit within the
                                                    (2) any provisions of Public Law 96–586 (94     three existing national forests in the area.
the rules were suspended and the bill,
                                                  Stat. 3381), an Act to provide disposal of cer-      The administration supports the bill and we
as amended, was passed.                           tain Federal lands in the Lake Tahoe Basin,
  A motion to reconsider was laid on                                                                have no objection to its consideration. H.R.
                                                  commonly called the Burton-Santini Act; or
the table.                                          (3) valid existing rights of persons holding    2122 is a name change only, it will not alter
                                                  any authorization, permit, option or other        how these lands are managed.
                                                  form of contract existing on the date of en-         Mr. Speaker, I yield back the balance
DESIGNATING         ADMINISTRATION                actment of this Act.                              of my time.
  OF LAKE TAHOE BASIN NA-                           (c) Notwithstanding the distribution re-           Mr. DOOLITTLE. Mr. Speaker, I urge
  TIONAL FOREST TO SECRETARY                      quirements of payments under the Act of           passage of the bill. I have no further re-
  OF AGRICULTURE                                  May 23, 1908 (Ch. 192, 35 Stat. 251, as amend-    quests for time, and I yield back the
                                                  ed), distribution of receipts from the Eldo-      balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I                   rado, Tahoe, Toiyabe, and Lake Tahoe Basin
move to suspend the rules and pass the                                                                 The SPEAKER pro tempore. The
                                                  National Forests shall be based upon the Na-
bill (H.R. 2122) to designate the Lake            tional Forest boundaries that existed prior       question is on the motion offered by
Tahoe Basin National Forest in the                to enactment of this Act, as though the Lake      the gentleman from California [Mr.
States of California and Nevada to be             Tahoe Basin National Forest does not exist.       DOOLITTLE] that the House suspend the
administered by the Secretary of Agri-              The SPEAKER pro tempore. Pursu-                 rules and pass the bill, H.R. 2122, as
culture, and for other purposes, as               ant to the rule, the gentleman from               amended.
amended.                                          California [Mr. DOOLITTLE] and the                   The question was taken; and (two-
  The Clerk read as follows:                      gentleman from California [Mr. MIL-               thirds having voted in favor thereof)
                    H.R. 2122                     LER] each will control 20 minutes.
                                                                                                    the rules were suspended and the bill,
  Be it enacted by the Senate and House of Rep-     The Chair recognizes the gentleman              as amended, was passed.
resentatives of the United States of America in   from California [Mr. DOOLITTLE].                     A motion to reconsider was laid on
Congress assembled,                                 (Mr. DOOLITTLE asked and was                    the table.
SECTION 1. DESIGNATION.                           given permission to revise and extend
  There is hereby designated in the States of     his remarks.)                                      NEVADA BOUNDARY CORRECTION
California and Nevada the Lake Tahoe Basin          Mr. DOOLITTLE. Mr. Speaker, I
National Forest to be administered by the                                                             Mr. DOOLITTLE. Mr. Speaker, I
                                                  yield myself such time as I may
Secretary of Agriculture as a unit of the Na-                                                       move to suspend the rules and pass the
                                                  consume.
tional Forest System subject to the laws,                                                           bill (H.R. 2135) to provide for the cor-
rules, and regulations applicable to the Na-        Mr. Speaker, I rise in support of H.R.
                                                                                                    rection of boundaries of certain lands
tional Forest System.                             2122, sponsored by Mrs. VUCANOVICH of
                                                                                                    in Clark County, NV, acquired by per-
SEC. 2. BOUNDARIES.                               Nevada, which would change the des-
                                                                                                    sons who purchased such lands in good
  (a) The Lake Tahoe Basin National Forest        ignation of the Lake Tahoe Basin Man-
                                                                                                    faith reliance on existing private land
shall comprise those lands designated as the      agement Unit to the Lake Tahoe Basin
                                                                                                    surveys, as amended.
Lake Tahoe Basin Management Unit in the           National Forest.
Federal Register notice dated January 13,
                                                                                                      The Clerk read as follows:
                                                    The Lake Tahoe Basin Management
1978 (43 F.R. 1971) and any lands subsequently                                                                          H.R. 2135
                                                  Unit is made up of portions of three na-
added to the Unit.                                                                                    Be it enacted by the Senate and House of Rep-
                                                  tional forests, including the Tahoe and
  (b) For the purposes of section 7 of the                                                          resentatives of the United States of America in
                                                  Eldorado National Forests in Califor-             Congress assembled,
Land and Conservation Fund Act of 1965 (16
U.S.C. 4601–9), the exterior boundary of the      nia and the Toiyabe National Forest in            SECTION 1. FINDINGS.
Lake Tahoe Basin National Forest estab-           Nevada. Since 1973, the Forest Service              The Congress finds and declares that:
lished by this Act shall be treated as if it      has administered these lands—approxi-               (1) Certain landowners in the (North) Deca-
were the boundary as of January 1, 1965.          mately 152,000 acres—as a single man-             tur Boulevard area of Las Vegas and North
H9962                                         CONGRESSIONAL RECORD — HOUSE                                                   September 4, 1996
Las Vegas, Clark County, Nevada, who own               Mr. Speaker, within the city of Las             one, and upon which people bought land
property adjacent to lands managed by the            Vegas there are many areas where                  along Decatur, were in error due to that initial
Bureau of Land Management have been ad-              longstanding property line disputes               botched survey. Since there are no liens on
versely affected by certain erroneous private
                                                     exist. H.R. 2135 is meant to solve one of         any of the property, the usual title searches
surveys.
  (2) These landowners have occupied or im-          the most difficult, which is along the            performed at the time of purchase did not
proved their property in good faith and in re-       Decatur Boulevard alignment at the                show problems with the titles. However, sub-
liance on erroneous surveys of their prop-           border between the cities of Las Vegas            sequent to the purchases of the properties, it
erties that they believed were accurate.             and North Las Vegas.                              was discovered that the property lines are
  (3) These landowners presumed their occu-            The original land surveys of the sub-           drawn incorrectly.
pancy was codified through an Eighth Judi-           ject area were performed in 1881 and                 The cities of Las Vegas and North Las
cial District Court (Nevada) Judgment and                                                              Vegas have spent a lot of time and money try-
                                                     1882. There is considerable evidence
Decree filed October 26, 1989, as a ‘‘friendly
lawsuit’’ affecting numerous landowners in           that points set by the original Govern-           ing to correct the erroneous boundaries and
the (North) Decatur Boulevard area.                  ment contract surveys were not stones             make the homeowners whole. And they have
  (4) The 1990 Bureau of Land Management             as called for in the official field notes,        been largely successful, in that the bulk of
dependent resurvey and section subdivision           but small mesquite stakes.                        people affected by the boundary error have
of sections 6, 7, 18, and 19, T. 19 S., R. 61 E.,      Originally, the poor surveys did not            had their property boundaries adjusted. Unfor-
Mount Diablo Meridian, Nevada, correctly             affect anyone, but in the 1950’s develop-         tunately, however, for about 20 homeowners,
established accurate boundaries between              ment began to move toward the outer               the land in question involves Federal land
such public lands and private lands.
  (5) The Bureau of Land Management has              edges of Las Vegas. As years passed               managed by the BLM. Since Las Vegas and
the authority to sell public lands which are         and development increased it became               North Las Vegas have no jurisdiction over the
affected as a result of erroneous private sur-       evident that severe discrepancies ex-             BLM land, these boundary errors can only be
vey and encroachments existing as of the             isted among the property surveys in               corrected by Congress.
date of this Act as it affects T. 19 S., R. 61 E.,   the area. In 1989, in response to citi-              Mr. Speaker, this situation has created a
sections 18 and 19, and T. 19 S. R. 60 E., sec-      zens’ concerns, the city of Las Vegas             nightmare for those who, in good faith, bought
tion 13 and 24, if encroachments based on the        commissioned a survey of the prop-                property along Decatur Boulevard. They don’t
same erroneous private survey are identified,                                                          own the land they thought they paid for; in
                                                     erties in an area 4 miles north to south
in accordance with this Act.
                                                     and 1 mile each side of Decatur Boule-            some cases, almost one-third of the land actu-
SEC. 2. CONVEYANCE OF LANDS.
  (a) CLAIMS.—Within one year after the date         vard.                                             ally belongs to the Bureau of Land Manage-
of the enactment of this Act, the city of Las          H.R. 2135 will resolve the longstand-           ment. Today’s consideration of H.R. 2135
Vegas on behalf of the owners of real prop-          ing property line disputes that have              caps the efforts of many years by the cities of
erty, located adjacent to the lands described        prevented the affected landowners from            Las Vegas and North Las Vegas to put to rest
in subsection (b), may submit to the Sec-            being able to sell or even refinance              the issue by resolving the boundary dispute
retary of the Interior (hereafter in this Act        their homes and enjoys the support of             along Decatur Boulevard, and I urge my col-
referred to as the ‘‘Secretary’’) in writing a       the BLM, the city of Las Vegas, and               leagues to support the measure.
claim to the lands described in subsection           the affected landowners.                             Mr. DOOLITTLE. Mr. Speaker, I urge
(b). The claim submitted to the Secretary                                                              the passage of the bill, and I yield back
shall be accompanied by—                                                      1400
  (1) a description of the lands claimed;                                                              the balance of my time.
  (2) information relating to the claim of              Mr. Speaker, I reserve the balance of             The SPEAKER pro tempore (Mr.
ownership of such lands; and                         my time.                                          WICKER). The question is on the motion
  (3) such other information as the Secretary           Mr. MILLER of California. Mr.                  offered by the gentleman from Califor-
may require.                                         Speaker, I yield myself such time as I            nia [Mr. DOOLITTLE] that the House
  (b) LANDS DESCRIBED.—The lands described           may consume.                                      suspend the rules and pass the bill,
in this subsection are those Federal lands lo-          Mr. Speaker, we support this legisla-          H.R. 2135, as amended.
cated in the Bureau of Land Management               tion to correct these erroneous private
Las Vegas District, Clark County, Nevada, in
                                                                                                          The question was taken; and (two-
sections 18 and 19, T. 19 S., R. 61 E., Mount
                                                     surveys and to straighten out the ac-             thirds having voted in favor thereof)
Diablo Meridian, as described by the depend-         tual property ownership problems and              the rules were suspended and the bill,
ent resurvey by the Bureau of Land Manage-           to provide for the conveyance of these            as amended, was passed.
ment accepted May 4, 1990, under Group No.           lands for fair market value to the adja-             The title of the bill was amended so
683, Nevada, and subsequent supplemental             cent owners or to others.                         as to read: ‘‘A bill to provide for the re-
plats of sections 18 and 19, T. 19 S., R. 61 E.,        Mr. Speaker, H.R. 2135 deals with about 30     lief of certain persons in Clark County,
Mount Diablo Meridian, as contained on               acres of land in Las Vegas that because of er-    Nevada, who purchased lands in good
plats accepted November 17, 1992. Such lands         roneous private surveys, has created prob-        faith reliance on existing private land
are described as (1) government lots 22, 23, 26,
and 27 in said section 18; and (2) government
                                                     lems for the adjacent private landowners who      surveys.’’
lots 20, 21, and 24 in said section 19, contain-     thought the land was theirs and who found            A motion to reconsider was laid on
ing 29.36 acres, more or less.                       that after accurate surveys were done that the    the table.
  (c) CONVEYANCE.—The Secretary shall con-           land actually belongs to the Federal Govern-
vey all right, title, and interest of the United     ment.
States in and to the public lands described in                                                          HANFORD REACH PRESERVATION
                                                        We have no objection to consideration of
subsection (b) to the city of Las Vegas, Clark                                                                            ACT
                                                     the measure. The bill has been amended by
County, Nevada, upon payment by the city                                                                 Mr. DOOLITTLE. Mr. Speaker, I
                                                     the Resources Committee to provide for the
of fair market value based on a Bureau of                                                              move to suspend the rules and pass the
Land Management approved appraised mar-              sales of these parcels to the adjacent private
ket value of the lands as of December 1, 1982,       landowners, based on the fair market value of     bill (H.R. 2292) to preserve and protect
and on the condition that the city convey            the property at the time these survey errors      the Hanford Reach of the Columbia
the effected lands to the land owners referred       were brought to the attention of the Bureau of    River, and for other purposes, as
to in subsection (a).                                Land Management. With that change the ad-         amended.
  The SPEAKER pro tempore. Pursu-                    ministration has no problems with the bill.         The Clerk read as follows:
ant to the rule, the gentleman from                     Mr. Speaker, I yield back the balance                              H.R. 2292
California [Mr. DOOLITTLE] and the                   of my time.                                         Be it enacted by the Senate and House of Rep-
gentleman from California [Mr. MIL-                     Mrs. VUCANOVICH. Mr. Speaker, I am very        resentatives of the United States of America in
                                                     pleased to see the House take up H.R. 2135,       Congress assembled,
LER] each will control 20 minutes.
  The Chair recognizes the gentleman                 legislation I have introduced to make boundary              TITLE I—HANFORD REACH
                                                     corrections along Decatur Boulevard in Las                     PRESERVATION ACT
from California [Mr. DOOLITTLE].
                                                     Vegas and North Las Vegas.                        SEC. 101. AMENDMENT OF PUBLIC LAW 100–605.
  (Mr. DOOLITTLE asked and was
                                                        Landowners along Decatur approached me           Section 2 of Public Law 100–605 is amended as
given permission to revise and extend
                                                                                                       follows:
his remarks.)                                        last year with the problem that H.R. 2135 ad-       (1) By striking ‘‘INTERIM’’ in the section
  Mr. DOOLITTLE. Mr. Speaker, I                      dresses. It seems that the original survey con-   heading.
yield myself such time as I may                      ducted in the area in the late 1800’s was defi-     (2) By striking ‘‘For a period of eight years
consume.                                             cient. Subsequent surveys based on that first     after’’ and inserting ‘‘After’’ in subsection (a).
September 4, 1996                             CONGRESSIONAL RECORD — HOUSE                                                                                 H9963
  (3) By striking in subsection (b) ‘‘During the     (16 U.S.C. 460m–15 and following) is amended by        use and enjoyment of the river designated by
eight year interim protection period, provided by    adding the following new section at the end            this paragraph, consistent with the preservation
this section, all’’ and inserting ‘‘All’’.           thereof:                                               and enhancement of the natural and scenic val-
   TITLE II—LAMPREY WILD AND SCENIC                  ‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER            ues of such river, the Secretary may, with the
                     RIVER ACT                                    LAW.                                      consent of the owner thereof, negotiate a memo-
SEC. 201. DESIGNATION.                                  ‘‘(a) COOPERATIVE AGREEMENTS.—The provi-            randum of understanding or cooperative agree-
  Section 3(a) of the Wild and Scenic Rivers Act     sions of section 202(e)(1) of the West Virginia        ment, or acquire not more than 10 acres of lands
(16 U.S.C. 1274(a)) is amended by adding the fol-    National Interest River Conservation Act of 1987       or interests in such lands, or both, as may be
lowing new paragraph at the end thereof:             (16 U.S.C. 460ww–1(e)(1)) shall apply to the New       necessary to allow public access to the
  ‘‘(157) LAMPREY RIVER, NEW HAMPSHIRE.—             River Gorge National River in the same manner          Bluestone River and to provide, outside the
The 11.5-mile segment extending from the south-      and to the same extent as such provisions apply        boundary of the scenic river, parking and relat-
ern Lee town line to the confluence with the         to the Gauley River National Recreation Area.          ed facilities in the vicinity of the area known as
Piscassic River in the vicinity of the Durham-         ‘‘(b) REMNANT LANDS.—The provisions of the           Eads Mill.’’.
Newmarket town line (hereinafter in this para-       second sentence of section 203(a) of the West          TITLE IV—LIMITATION ON LAND ACQUISI-
graph referred to as the ‘segment’) as a rec-        Virginia National Interest River Conservation            TION: MISSOURI RIVER, NEBRASKA AND
reational river. The segment shall be adminis-       Act of 1987 (16 U.S.C. 460ww–2(a)) shall apply to        SOUTH DAKOTA
tered by the Secretary of the Interior through       tracts of land partially within the boundaries of
                                                     the New River Gorge National River in the same           The undesignated paragraph in section 3(a) of
cooperative agreements between the Secretary                                                                the Wild and Scenic Rivers Act (16 U.S.C.
and the State of New Hampshire and its rel-          manner and to the same extent as such provi-
                                                     sions apply to tracts of land only partially with-     1274(a)) relating to the 39-mile segment of the
evant political subdivisions, namely the towns                                                              Missouri River, Nebraska and South Dakota,
of Durham, Lee, and Newmarket, pursuant to           in the Gauley River National Recreation Area.’’.
                                                                                                            from the headwaters of Lewis and Clark Lake to
section 10(e) of this Act. The segment shall be      SEC. 302. AMENDMENTS PERTAINING TO THE
                                                                GAULEY RIVER NATIONAL RECRE-                Ft. Randall Dam is amended by adding at the
managed in accordance with the Lamprey River                                                                end the following: ‘‘Notwithstanding section
                                                                ATION AREA.
Management Plan dated January 10, 1995, and                                                                 6(a), lands and interests in lands may not be ac-
                                                       (a) TECHNICAL AMENDMENT.—Section 205(c) of
such amendments thereto as the Secretary of the                                                             quired for the purposes of this paragraph with-
                                                     the West Virginia National Interest River Con-
Interior determines are consistent with this Act.                                                           out the consent of the owner thereof.’’.
                                                     servation Act of 1987 (16 U.S.C. 460ww–4(c)) is
Such plan shall be deemed to satisfy the require-
                                                     amended by adding the following at the end                TITLE V—TECHNICAL AMENDMENT TO
ments for a comprehensive management plan
                                                     thereof: ‘‘If project construction is not com-             THE WILD AND SCENIC RIVERS ACT
pursuant to section 3(d) of this Act.’’.
                                                     menced within the time required in such license,       SEC. 501. NUMBERING OF PARAGRAPHS.
SEC. 202. MANAGEMENT.
                                                     or if such license is surrendered at any time,           (a) DESIGNATIONS.—The unnumbered                     para-
  (a) COMMITTEE.—The Secretary of the Interior       such boundary modification shall cease to have
shall coordinate his management responsibilities                                                            graphs in section 3(a) of the Wild and Scenic
                                                     any force and effect.’’.                               Rivers Act (16 U.S.C. 1274(a)), relating to each
under this Act with respect to the segment des-         (b) GAULEY ACCESS.—Section 202(e) of the
ignated by section 3 with the Lamprey River Ad-                                                             of the following river segments, are each amend-
                                                     West Virginia National Interest River Conserva-        ed by numbering such paragraphs as follows:
visory Committee established pursuant to New         tion Act of 1987 (16 U.S.C. 460ww–1(e)) is
Hampshire RSA 483.                                   amended by adding the following new para-                                                               Paragraph
   (b) LAND MANAGEMENT.—The zoning ordi-             graph at the end thereof:                              River:                                              Number
nances duly adopted by the towns of Durham,             ‘‘(4) ACCESS TO RIVER.—(A) In order to facili-        East Fork of Jemez, New Mexico ........               (109)
Lee, and Newmarket, New Hampshire, including         tate public safety, use, and enjoyment of the            Pecos River, New Mexico ...................           (110)
provisions for conservation of shorelands,           recreation area, and to protect, to the maximum          Smith River, California .....................         (111)
floodplains, and wetlands associated with the        extent feasible, the scenic and natural resources        Middle Fork Smith River, California                   (112)
segment, shall be deemed to satisfy the stand-       of the area, the Secretary is authorized and di-         North Fork Smith River, California ...                (113)
ards and requirements of section 6(c) of the Wild    rected to acquire such lands or interests in lands       Siskiyou Fork Smith River, California                 (114)
and Scenic Rivers Act, and the provisions of         and to take such actions as are necessary to             South Fork Smith River, California ...                (115)
that section, which prohibit Federal acquisition     provide access by noncommercial entities on the          Clarks Fork, Wyoming ......................           (116)
of lands by condemnation, shall apply to the         north side of the Gauley River at the area               Niobrara, Nebraska ...........................        (117)
segment designated by section 201 of this Act.       known as Woods Ferry utilizing existing roads            Missouri River, Nebraska and South
The authority of the Secretary to acquire lands      and rights-of-way. Such actions by the Sec-              Dakota .............................................  (118)
for the purposes of this paragraph shall be lim-     retary shall include the construction of parking         Bear Creek, Michigan .......................          (119)
ited to acquisition by donation or acquisition       and related facilities in the vicinity of Woods          Black, Michigan ...............................       (120)
with the consent of the owner thereof, and shall     Ferry for noncommercial use on lands acquired            Carp, Michigan ................................       (121)
be subject to the additional criteria set forth in   pursuant to paragraph (3) or on lands acquired           Indian, Michigan .............................        (122)
the Lamprey River Management Plan.                   with the consent of the owner thereof within the         Manistee, Michigan ..........................         (123)
SEC. 203. UPSTREAM SEGMENT.                          boundaries of the recreation area.                       Ontonagon, Michigan .......................           (124)
  Upon request by the town of Epping, which             ‘‘(B) If necessary, in the discretion of the Sec-     Paint, Michigan ...............................       (125)
abuts an additional 12 miles of river found eligi-   retary, in order to minimize environmental im-           Pine, Michigan .................................      (126)
ble for designation as a recreational river, the     pacts, including visual impacts, within portions         Presque Isle, Michigan ......................         (127)
Secretary of the Interior shall offer assistance     of the recreation area immediately adjacent to           Sturgeon, Hiawatha National Forest,
regarding continued involvement of the town of       the river, the Secretary may, by contract or oth-        Michigan .........................................    (128)
Epping in the implementation of the Lamprey          erwise, provide transportation services for non-         Sturgeon, Ottawa National Forest,
River Management Plan and in consideration of        commercial visitors, at reasonable cost, between         Michigan .........................................    (129)
potential future addition of that portion of the     such parking facilities and the river.                   East Branch of the Tahquamenon,
river within Epping as a component of the Wild          ‘‘(C) Nothing in subparagraph (A) shall affect        Michigan .........................................    (130)
and Scenic Rivers System.                            the rights of any person to continue to utilize,         Whitefish, Michigan .........................         (131)
   TITLE III—WEST VIRGINIA NATIONAL                  pursuant to a lease in effect on April 1, 1993,          Yellow Dog, Michigan .......................          (132)
       RIVERS AMENDMENTS OF 1996                     any right of way acquired pursuant to such               Allegheny, Pennsylvania ..................            (133)
SEC. 301. AMENDMENTS PERTAINING TO THE               lease which authorizes such person to use an ex-         Big Piney Creek, Arkansas ................            (134)
           NEW    RIVER   GORGE     NATIONAL         isting road referred to in subparagraph (A). Ex-         Buffalo River, Arkansas ....................          (135)
           RIVER.                                    cept as provided under paragraph (2) relating to         Cossatot River, Arkansas ..................           (136)
  (a) BOUNDARIES.—Section 1101 of the National       access      immediately    downstream      of    the     Hurricane Creek, Arkansas ...............             (137)
Parks and Recreation Act of 1978 (16 U.S.C.          Summersville project, until there is compliance          Little Missouri River, Arkansas .........             (138)
460m–15) is amended by striking out ‘‘NERI–          with this paragraph the Secretary is prohibited          Mulberry River, Arkansas .................            (139)
80,023, dated January 1987’’ and inserting           from acquiring or developing any other river ac-         North Sylamore Creek, Arkansas .......                (140)
‘‘NERI–80,028A, dated March 1996’’.                  cess points within the recreation area.’’.               Richland Creek, Arkansas .................            (141)
  (b) FISH AND WILDLIFE MANAGEMENT.—Sec-             SEC. 303. AMENDMENTS PERTAINING TO THE                   Sespe Creek, California .....................         (142)
tion 1106 of the National Parks and Recreation                  BLUESTONE     NATIONAL      SCENIC            Sisquoc River, California ...................         (143)
Act of 1978 (16 U.S.C. 460m–20) is amended by                   RIVER.                                        Big Sur River, California ..................          (144)
adding the following at the end thereof: ‘‘The         (a) BOUNDARIES.—Section 3(a)(65) of the Wild           Great Egg Harbor River, New Jersey                    (145)
Secretary shall permit the State of West Virginia    and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is         The Maurice River, Middle Segment                     (146)
to undertake fish stocking activities carried out    amended by striking out ‘‘WSR–BLU/20,000, and            The Maurice River, Middle Segment                     (147)
by the State, in consultation with the Secretary,    dated January 1987’’ and inserting ‘‘BLUE–               The Maurice River, Upper Segment ....                 (148)
on waters within the boundaries of the national      80,005, dated May 1996’’.                                The Menantico Creek, Lower Segment                    (149)
river. Nothing in this Act shall be construed as       (b) PUBLIC ACCESS.—Section 3(a)(65) of the             The Menantico Creek, Upper Segment                    (150)
affecting the jurisdiction of the State of West      Wild and Scenic Rivers Act (16 U.S.C.                    Manumuskin River, Lower Segment ...                   (151)
Virginia with respect to fish and wildlife.’’.       1274(a)(65)) is amended by adding the following          Manumuskin River, Upper Segment ...                   (152)
  (c) CONFORMING AMENDMENTS.—Title XI of             at the end thereof: ‘‘In order to provide reason-        Muskee Creek, New Jersey .................            (153)
the National Parks and Recreation Act of 1978        able public access and vehicle parking for public        Red River, Kentucky .........................         (154)
H9964                                                   CONGRESSIONAL RECORD — HOUSE                                                     September 4, 1996
  Rio Grande, New Mexico ...................            (155)   of lands owned by the city and located in and       river, this legislation simply puts into
  Farmington River, Connecticut .........               (156)   near Coulson Gulch for other lands owned by         action the plans already adopted by the
  (b) STUDY RIVERS.—Section 5(a) of such Act is                 the United States. The Secretary shall report to    NPS.
amended as follows:                                             Congress 2 calendar years after the date of en-
                                                                                                                      Title V of the bill simply contains
  (1) Paragraph (106), relating to St. Mary’s,                  actment of this Act, and every 2 years thereafter
                                                                on the progress of such negotiations until nego-    technical amendments to the Wild and
Florida, is renumbered as paragraph (108).
                                                                tiations are complete.                              Scenic River Act which provides for
  (2) Paragraph (112), relating to White Clay
Creek, Delaware and Pennsylvania, is renum-                       The SPEAKER pro tempore. Pursu-                   the numbering of the study and des-
bered as paragraph (113).                                       ant to the rule, the gentleman from                 ignation paragraphs of the existing act.
  (3) The unnumbered paragraphs, relating to                    California [Mr. DOOLITTLE] and the                    Title VI of the bill, authored by Mr.
each of the following rivers, are amended by                    gentleman from California [Mr. MIL-                 SKAGGS provides for the protection of
numbering such paragraphs as follows:                                                                               the St. Vrain Creek in Colorado. This
                                                                LER] each will control 20 minutes.
                                                  Paragraph       The Chair recognizes the gentleman                provision also enhances the protection
  River:                                             Number                                                         of Rocky Mountain National Park
                                                                from California [Mr. DOOLITTLE].
    Mills River, North Carolina ............            (109)                                                       through which the stream flows.
                                                                  Mr. DOOLITTLE. Mr. Speaker, I
    Sudbury, Assabet, and Concord,                                                                                    In all Mr. Speaker, this is a good bill
    Massachusetts ...............................       (110)   yield myself such time as I may
                                                                consume.                                            with many strong protection measures.
    Niobrara, Nebraska ........................         (111)
    Lamprey, New Hampshire ..............               (112)     (Mr. DOOLITTLE asked and was                      I commend the many Members for
    Brule, Michigan and Wisconsin ......                (114)   given permission to revise and extend               their work on this bill and urge all my
    Carp, Michigan .............................        (115)   his remarks.)                                       colleagues to support it.
    Little Manistee, Michigan ..............            (116)     Mr. DOOLITTLE. Mr. Speaker, I rise                  Mr. Speaker, I reserve the balance of
    White, Michigan ............................        (117)   in support of H.R. 2292, a bill to pre-             my time.
    Ontonagon, Michigan ....................            (118)   serve the Hanford reach of the Colum-                 Mr. MILLER of California. Mr.
    Paint, Michigan ............................        (119)   bia River and for other purposes. Mr.               Speaker, I yield such time as he may
    Presque Isle, Michigan ...................          (120)                                                       consume to the gentleman from Colo-
    Sturgeon, Ottawa National Forest,
                                                                Speaker, this is good bi-partisan legis-
    Michigan ......................................     (121)   lation which provides for the preserva-             rado [Mr. SKAGGS], who has worked
    Sturgeon, Hiawatha National For-                            tion and improved management of im-                 very hard on title VI of this legislation
    est, Michigan ................................      (122)   portant rivers thoughout the country.               dealing with the North St. Vrain River
    Tahquamenon, Michigan ...............               (123)     Title I, authored by Mr. HASTINGS, of             and Rocky Mountain National Park.
    Whitefish, Michigan ......................          (124)   the bill provides for permanent protec-               Mr. SKAGGS. Mr. Speaker, I thank
    Clarion, Pennsylvania ...................           (125)   tion of the last free-flowing section of            the gentleman from California for
    Mill Creek, Jefferson and Clarion                           the Columbia River which support na-                yielding me this time.
    Counties, Pennsylvania .................            (126)   tive salmon spawning beds. In 1988,                   Mr. Speaker, this provision, title VI
    Piru Creek, California ....................         (127)                                                       of this bill, represents the culmination
    Little Sur River, California ............           (128)
                                                                Congress enacted legislation to pro-
    Matilija Creek, California ..............           (129)   hibit damming and dredging of this                  now of some 8 years of work conducted
    Lopez Creek, California .................           (130)   river segment for 8 years while direct-             by many, many citizens in the area of
    Sespe Creek, California ..................          (131)   ing the Secretary of the Interior to de-            Colorado that I represent who have
    North Fork Merced, California .......               (132)   velop a plan for future management of               been concerned for some time with the
    Delaware River, Pennsylvania and                            this river segment. While Secretary                 protection of this pristine roadless can-
    New Jersey ....................................     (133)   Babbitt has yet to send us the required             yon, the last major roadless canyon
    New River, West Virginia and Vir-                           study, the moratorium on damming                    along the front range of the Rockies in
    ginia ............................................. (134)                                                       the State of Colorado.
    Rio Grande, New Mexico ................             (135)
                                                                and dredging is about to expire and
                                                                therefore it is important for Congress                We are here because folks with dif-
   TITLE VI—PROTECTION OF NORTH ST.                                                                                 ferent interests, from environmental-
          VRAIN CREEK, COLORADO
                                                                to renew this moratorium in perpetu-
                                                                ity. I applaud the gentleman from                   ists to water district managers, to
SEC. 601. NORTH ST. VRAIN CREEK AND ADJA-
           CENT LANDS.                                          Washington, [Mr. HASTINGS], for his ef-             local communities and residents, spent
  The Act of January 26, 1915, establishing                     fort to preserve the Hanford Reach.                 literally hours and hours, and tons of
Rocky Mountain National Park (38 Stat. 798; 16                    Title II of the bill is a measure au-             meetings over several years developing
U.S.C. 191 and following), is amended by adding                 thored by Congressman ZELIFF which                  a consensus that is embodied in title
the following new section at the end thereof:                   designates 11.5 miles of the Lamprey                VI of this bill. It will ensure that the
‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT                    River in New Hampshire as a wild and                free flow of this stream in the upper
             LANDS.                                             scenic river. This legislation is based             reaches of the North Saint Vrain Can-
  ‘‘Neither the Secretary of the Interior nor any               on a report prepared pursuant to a pre-             yon originating in Rocky Mountain
other Federal agency or officer may approve or                  vious act of Congress. Although the                 National Park down to Button Rock
issue any permit for, or provide any assistance                                                                     Reservoir will remain free flowing for-
                                                                river is bounded by mostly private
for, the construction of any new dam, reservoir,
or impoundment on any segment of North St.                      property, this legislation contains ade-            ever.
Vrain Creek or its tributaries within the bound-                quate safeguards to protect private                   This is really some extraordinary
aries of Rocky Mountain National Park or on                     property and is strongly supported by               country, Mr. Speaker, one of the most
the main stem of North St. Vrain Creek down-                    local persons.                                      impressive wildlife habitat areas along
stream to the point at which the creek crosses                    Title III, authored by Mr. RAHALL re-             the front range as well as an area of ex-
the elevation 6,550 feet above mean sea level.                  lates to several wild and scenic rivers             traordinary and dramatic beauty. We
Nothing in this section shall be construed to                   in the State of West Virginia which are             should all be proud of taking this step
prevent the issuance of any permit for the con-                 also units of the park system. It re-               to make sure that it remains that way
struction of a new water gaging station on
                                                                flects the work of the committee over               in perpetuity.
North St. Vrain Creek at the point of its con-
fluence with Coulson Gulch.’’.                                  the last 4 years to amend boundaries                  I want to thank the members and the
SEC. 602. ENCOURAGEMENT OF EXCHANGES.
                                                                and make technical amendments to                    leadership of the Committee on Re-
  (a) LANDS INSIDE ROCKY MOUNTAIN NATIONAL                      improve the management of these                     sources, the gentleman from Colorado
PARK.—Promptly following enactment of this                      parks. This title adds important lands              [Mr. ALLARD], for his assistance on
Act, the Secretary of the Interior shall seek to                to these parks, assures that the State              this, and urge its passage along with
acquire by donation or exchange those lands                     can continue to manage wildlife and                 the other provisions in this piece of
within the boundaries of Rocky Mountain Na-                     improves public access to the rivers.               legislation.
tional Park owned by the city of Longmont, Col-                   Title IV, authored by Mr. JOHNSON of                I am delighted that the House will today ap-
orado, that are referred to in section 111(d) of                South Dakota prohibits the Secretary                prove H.R. 2292, legislation that includes well-
the Act commonly referred to as the ‘‘Colorado                  of the Interior from using condemna-                deserved and long-awaited protections for
Wilderness Act of 1980’’ (Public Law 96-560; 94
                                                                tion along a 39-mile segment of the                 North St. Vrain Creek, the largest remaining
Stat. 3272; 16 U.S.C. 192b-9(d)).
  (b) OTHER LANDS.—The Secretary of Agri-                       Missouri Wild and Scenic River in the               roadless canyon along Colorado’s Front
culture shall immediately and actively pursue                   State of South Dakota. Since the NPS                Range.
negotiations with the city of Longmont, Colo-                   has already stated their intent not to                The relevant part—title VI—of the bill will
rado, concerning the city’s proposed exchange                   use condemnation along this stretch of              prevent construction of new dams on North St.
September 4, 1996                           CONGRESSIONAL RECORD — HOUSE                                                                      H9965
Vrain Creek as it flows through Rocky Moun-        of the hearing record, two documents related          the bill and that the language is consistent
tain National Park and the Roosevelt National      to the fourth proposal, regarding management          with what we have done for similar rivers.
Forest, and will clarify public land ownership     of the relevant lands. One is a copy of the ad-          We also have no objection to the provisions
along the creek. Both of these provisions are      visory committee’s final report, and the other        dealing with the North St. Vrain. The House
based on freestanding legislation that I intro-    is a copy of the advisory committee’s manage-         passed the same legislation in the last Con-
duced last year and I appreciate the inclusion     ment plan outline. I will also present these          gress, also sponsored by Representative
of the North St. Vrain Creek Protection Act in     documents to the Forest Service and National          SKAGGS.
this bill.                                         Park Service when they develop future man-               The administration has expressed some
   North St. Vrain Creek, fed by countless rivu-   agement plans for the creek and adjoining             minor concerns about certain provisions in the
lets and wild tributaries, is the primary stream   lands.                                                West Virginia rivers title, specifically as they
flowing from the southeastern portion of Rocky         The primary theme of these documents is           relate to river access and fish stocking activi-
Mountain National Park. From its beginnings        that Federal management decisions should re-          ties, but these should not delay its passage.
at the continental divide, in snowfields near      tain the current types and levels of rec-                Likewise I would note that the administration
Long’s peak, it tumbles through waterfalls and     reational uses of the public lands in the cor-        does not support the language dealing with
cascades in the Wild Basin area of the park.       ridor along North St. Vrain Creek. This can be        the Missouri River.
After leaving the park, the creek cuts a nar-      done by restricting the expansion of trails and          Mr. Speaker, I can understand the desire to
row, deep canyon until it reaches the Ralph        campgrounds, and through strategic land ac-           package legislation, but in this case, with the
Price Reservoir.                                   quisitions to protect natural features from dam-      concerns and objections outstanding, it may
   The watershed includes habitat for bighorn      age that would come from expanded or exces-           eventually delay, rather than facilitate, enact-
sheep, deer, elk, and mountain lions; for per-     sive uses. The documents also support contin-         ment of the various provisions.
egrine falcons, owls, hawks, and songbirds;                                                                 Mr. DOOLITTLE. Mr. Speaker, I
                                                   ued good stewardship on private lands in the
for native fish, insects, and other small crea-                                                          yield 5 minutes to the gentleman from
                                                   corridor under the guidance and control of
tures; and for a dazzling diversity of aquatic,                                                          Washington [Mr. HASTINGS].
                                                   Boulder County’s land-use regulations, as well           Mr. HASTINGS of Washington. I
riparian, and mountain plants. It provides pop-    as continued protection against trespass.             thank the gentleman for yielding me
ular hiking, fishing, and hunting terrain rel-         Mr. Speaker, I introduced this legislation not
                                                                                                         this time.
atively near to some of Colorado’s larger          only because of my belief in the importance of           Mr. Speaker, I rise in support of my
cities.                                            protecting the North St. Vrain, but also be-          legislation, H.R. 2292, the Hanford
   The stream, surrounded by a thousand            cause of my firm conviction that the hundreds         Reach Preservation Act. I want to
shades of greenery cooled by the mist of tum-      of Coloradans who have worked toward that             thank my fellow colleagues on the
bling water, provides a profound sense of re-      goal have crafted a sound, effective consen-          House Resources Committee, in par-
freshment, of inspiration, and of wonder. This     sus measure. Its provisions are good, clear,          ticular Chairman YOUNG and sub-
joining of land and water is exceptional, even     and straightforward, and they have the strong         committee Chairman HANSEN, for their
for Colorado—which is no small distinction.        support of the people in the area. I urge the         expeditious consideration of this legis-
   The North St. Vrain should be kept free of      House to approve this bill, so that, with its en-     lation.
additional dams and impoundments. To that          actment into law, the wonders of North St.               Mr. Speaker, title I of H.R. 2292
end, my bill’s provisions, now included in H.R.    Vrain Creek will be protected for all time.           makes permanent the current morato-
2922, incorporate the recommendations of a             Finally, let me express my thanks to the          rium on dam building, channeling, and
citizens’ advisory committee, which I ap-          leadership of the Resources Committee for             navigational projects along the stretch
pointed in conjunction with the Boulder County     bringing this bill up for House action and to my      of the Columbia River known as the
Commissioners. That committee spent over 5         colleague from Colorado, Mr. ALLARD, for his          Hanford Reach. Located in the heart of
years developing a consensus proposal on           assistance.                                           my central Washington congressional
how to protect the creek and canyon while              Mr. MILLER of California. Mr.                     district, the Hanford Reach is the last
protecting local property and water rights.        Speaker, I yield myself such time as I                free-flowing stretch of the Columbia
   Thus, these provisions represent a great        may consume.                                          River. Running through the Hanford
deal of work by Coloradans—especially the 50           Most of the titles of this legislation            Nuclear Reservation, the reach is also
people who took part in 103 advisory commit-       we are in agreement with, but we along                the location of some of the healthiest
tee meetings and performed over 300 hours of       with the administration, as they noted                salmon runs anywhere in the Pacific
independent research. Another 600 people at-       in their testimony, are concerned                     Northwest.
tended 12 public hearings on the proposal.         about the protections provided in the                    For the past 8 years, the Federal
I’ve never known such a dedicated and con-         Hanford Reach provisions of this legis-               Government has played an important
scientious group of public servants as the un-     lation. The concern being that we are                 role in protecting the reach by prohib-
paid members of this North St. Vrain Advisory      accepting a much lesser degree of pro-                iting its agencies from constructing
Committee. They know the creek and its envi-       tection than we believe and the admin-                dams, channels, and other projects on
rons as thoroughly as any group of citizens        istration believes the Hanford Reach                  this part of the river. H.R. 2292 perma-
anywhere knows a particular area in the Unit-      deserves, and are concerned whether or                nently extends the current moratorium
ed States.                                         not this will eventually lead to the loss             on these activities that is set to expire
   The advisory committee reached four prin-       of vital natural and cultural resources.              November 6, 1996.
cipal conclusions:                                 We recognize that there is disagree-                     The original moratorium was a direct
   First, that the North St. Vrain Creek is de-    ment on this, but we are concerned                    response to proposals that would have
serving of National Wild and Scenic River sta-     that this does not provide the level of               opened the reach to barge traffic. We
tus, but that it would be premature to seek        protection that is necessary.                         have since learned that making the
legislation to so designate it, pending develop-       Mr. Speaker, the amendments adopted by            reach navigational is not only unwise
ment of consensus on that point. This bill         the Resources Committee wraps into H.R.               ecologically but is also impractical.
would not preclude such a designation later.       2292 several river bills pending before the           H.R. 2292 ensures that we will never
   Second, that, for now, a permanent prohibi-     committee. Several of the titles in the amend-        consider this policy again.
tion should be placed on Federal approval or       ed bill are either opposed by the administra-            The Hanford Reach Preservation Act
assistance for the construction of dams on the     tion or they otherwise have concerns with the         will make a significant contribution to
creek and on any part of its national park trib-   language. This is not a noncontroversial bill.        the continued protection of this pris-
utaries.                                           We would have preferred that the House take           tine area. While more needs to be re-
   Third, that the National Park Service and       up these river bills separately.                      solved within the local community be-
the Forest Service should move promptly to             As the administration noted in its testimony,     fore this area is completely protected,
reach agreement with the city of Longmont,         if not followed by subsequent actions, the            H.R. 2292 is a positive step in the right
CO, regarding Federal acquisition of lands the     Hanford Reach provisions of H.R. 2292 would           direction.
city owns along the creek.                         result in a far lesser degree of protection than         Again, I thank my colleagues for
   And, fourth, that a series of the committee’s   the Hanford Reach deserves and could result           their assistance and strongly urge the
recommendations should be followed in man-         in the potential loss of vital natural and cultural   House to vote in favor of this measure.
aging the Federal lands along the creek.           resources.                                               Mr. Miller of California. Mr. Speaker,
   Three of these proposals are specified in           We have no objection to the Lamprey River         I have no further requests for time, and
the bill’s language. I have submitted, as part     title. I understand the administration supports       I yield back the balance of my time.
H9966                                      CONGRESSIONAL RECORD — HOUSE                                                   September 4, 1996
  Mr. DOOLITTLE. Mr. Speaker, I urge              Small Tracts Act; 16 U.S.C. 521C–521i) to con-     land was theirs based on erroneous private
passage of this important bill.                   vey all right, title, and interest of the United   surveys.
  Mr. Speaker, I have no further re-              States in and to the real property excluded          Mr. Speaker, I yield back the balance
                                                  from the boundaries of the Raggeds Wilder-         of my time.
quests for time, and I yield back the
                                                  ness under subsection (c) to those owners of         Mr. DOOLITTLE. Mr. Speaker, I urge
balance of my time.                               real property in Gunnison County, Colorado,
  The SPEAKER pro tempore. The                    whose real property adjoins the excluded
                                                                                                     the passage of this bill, and I yield
question is on the motion offered by              lands and who have occupied the excluded           back the balance of my time.
the gentleman from California [Mr.                lands in good faith reliance on an erroneous         The SPEAKER pro tempore. The
DOOLITTLE] that the House suspend the             survey.                                            question is on the motion offered by
rules and pass the bill, H.R. 2292, as              The SPEAKER pro tempore. Pursu-                  the gentleman from California [Mr.
amended.                                          ant to the rule, the gentleman from                DOOLITTLE] that the House suspend the
  The question was taken; and (two-               California [Mr. DOOLITTLE] and the                 rules and pass the bill, H.R. 2438, as
thirds having voted in favor thereof)             gentleman from California [Mr. MIL-                amended.
the rules were suspended and the bill,            LER] each will control 20 minutes.
                                                                                                       The question was taken; and (two-
as amended, was passed.                             The Chair recognizes the gentleman               thirds having voted in favor thereof)
  A motion to reconsider was laid on              from California [Mr. DOOLITTLE].                   the rules were suspended and the bill,
the table.                                          Mr. DOOLITTLE. Mr. Speaker, I                    as amended, was passed.
                                                  yield myself such time as I may                      A motion to reconsider was laid on
                                                  consume.                                           the table.
  GUNNISON COUNTY, COLORADO,
                                                    (Mr. DOOLITTLE asked and was
         LAND CONVEYANCE
                                                  given permission to revise and extend                                     1415
  Mr. DOOLITTLE. Mr. Speaker, I                   his remarks.)
move to suspend the rules and pass the              Mr. DOOLITTLE. Mr. Speaker, I rise                WENATACHEE NATIONAL FOREST
bill (H.R. 2438) to provide for the con-          in support of H.R. 2438, introduced by                       LAND EXCHANGE
veyance of lands to certain individuals           Mr. MCINNIS of Colorado. H.R. 2438 cor-              Mr. DOOLITTLE. Mr. Speaker, I
in Gunnison County, CO, and for other             rects an encroachment into the                     move to suspend the rules and pass the
purposes, as amended.                             Raggeds Wilderness on the White River              bill (H.R. 2518) to authorize the Sec-
  The Clerk read as follows:                      National Forest, just west of the Town             retary of Agriculture to exchange cer-
                    H.R. 2438                     of Marble, CO. The encroachment, dis-              tain lands in the Wenatachee National
  Be it enacted by the Senate and House of Rep-   covered in 1993 following a new bound-             Forest, WA, for certain lands owned by
resentatives of the United States of America in   ary survey, consists of approximately              Public Utility District No. 1 of Chelan
Congress assembled,                               400 feet of power line and 450 feet of             County, WA, and for other purposes, as
SECTION 1. BOUNDARY ADJUSTMENT AND LAND           road. In addition, portions of four sub-           amended.
           CONVEYANCE, RAGGEDS WILDER-                                                                 The Clerk read as follows:
           NESS, WHITE RIVER NATIONAL FOR-        division lots extend into the wilder-
           EST, COLORADO.                         ness. The road is a county road and                                    H.R. 2518
  (a) FINDINGS.—The Congress finds the fol-       provides the sole legal access to the                Be it enacted by the Senate and House of Rep-
lowing:                                           four lots. The entire encroachment is              resentatives of the United States of America in
  (1) Certain landowners in Gunnison Coun-                                                           Congress assembled,
                                                  less than 1 acre of land.
ty, Colorado, who own real property adjacent                                                         SECTION 1. LAND EXCHANGE.
                                                    The land in question does not have
to the portion of the Raggeds Wilderness in                                                            (a) EXCHANGE.—Subject to subsection (c),
                                                  any wilderness characteristics. This               the Secretary of Agriculture (referred to in
the White River National Forest, Colorado,
have occupied or improved their property in
                                                  land was used as it is today for 23 years          this section as the ‘‘(Secretary’’) shall con-
good faith and in reliance on erroneous sur-      before Congress designated the Raggeds             vey all right, title, and interest of the United
veys of their properties that the landowners      Wilderness in 1982. Although only 0.86             States in and to the National Forest System
reasonably believed were accurate.                acres is affected, the Forest Service              lands described in subsection (b)(1) to Public
  (2) In 1993, a Forest Service resurvey of the   cannot settle the matter under author-             Utility District No. 1 of Chelan County,
Raggeds Wilderness established accurate           ity of the Small Tracts Act because the            Washington (referred to in this section as
boundaries between the wilderness area and                                                           the ‘‘Public Utility District’’), in exchange
                                                  lands in question are within the
adjacent private lands.                                                                              for the conveyance to the Secretary of Agri-
                                                  Raggeds Wilderness.                                culture by Public Utility District of all
  (3) The resurvey indicated that a small
portion of the Raggeds Wilderness is occu-
                                                    H.R. 2438 adjusts the wilderness                 right, title, and interest of the Public Utility
pied by adjacent landowners on the basis of       boundary to exclude the 0.86 acres from            District in and to the lands described in sub-
the earlier erroneous land surveys.               the wilderness area, and, as amended in            section (b)(2).
  (b) PURPOSE.—It is the purpose of this sec-     the Subcommittee on National Parks,                  (b) DESCRIPTIONS OF LANDS.—
tion to remove from the boundaries of the         Forests and Lands, it directs the Sec-               (1) NATIONAL FOREST SYSTEM LANDS.—The
Raggeds Wilderness certain real property so                                                          National Forest System lands referred to in
                                                  retary of Agriculture to convey the af-
as to permit the Secretary of Agriculture to                                                         subsection (a) are 122 acres, more or less,
                                                  fected lands to the landowners under               that are partially occupied by a wastewater
use the authority of Public Law 97–465 (com-
                                                  the authority of the Small Tracts Act.             treatment facility referred to in subsection
monly known as the Small Tracts Act; 16
U.S.C. 521c–521i) to convey the property to
                                                    I urge the Members of the House to               (c)(4)(A) with the following legal description:
the landowners who occupied the property on       support H.R. 2438, so that the Forest                (A) The NE1⁄4 of SW1⁄4 of section 27 of town-
the basis of erroneous land surveys.              Service will have the authority it                 ship 27 north, range 17 east, Willamette Me-
  (c) BOUNDARY ADJUSTMENT.—The boundary           needs to complete this minor land ad-              ridian, Chelan County, Washington.
                                                                                                       (B) The N1⁄2 of SE1⁄4 of SW1⁄4 of such section
of the Raggeds Wilderness, Gunnison and           justment.
White River National Forests, Colorado, as                                                           27.
                                                    Mr. Speaker, I reserve the balance of              (C) The W1⁄2 of NW1⁄4 of SE1⁄4 of such section
designated by section 102(a)(16) of Public        my time.                                           27.
Law 96–560 (16 U.S.C. 1132 note), is hereby         Mr. MILLER of California. Mr.                      (D) The NW1⁄4 of SW1⁄4 of SE1⁄4 of such sec-
modified to exclude from the area encom-
                                                  Speaker, I yield myself such time as I             tion 27.
passed by the wilderness a parcel of real                                                              (E) The E1⁄2 of NW1⁄4 of the SE1⁄4 of such sec-
property approximately 0.86-acres in size sit-    may consume.
                                                    Mr. Speaker, we have no objection to             tion 27.
uated in the SW1⁄4 of the NE1⁄4 of Section 28,                                                         (F) That portion of the S1⁄2 of SE1⁄4 of SW1⁄4
Township 11 South, Range 88 West of the 6th       the consideration of this measure. The             lying north of the northerly edge of Highway
Principal Meridian, as depicted on the map        bill was amended by the Committee on               209 right-of-way of such section 27.
entitled ‘‘Encroachment-Raggeds Wilder-           Resources to require that land trans-                (2) PUBLIC UTILITY DISTRICT LANDS.—The
ness’’, dated November 17, 1993. Such map         fers should be made pursuant to the                lands owned by the Public Utility District
shall be on file and available for inspection     Small Tracts Act, thereby protecting               are 109.15 acres, more or less, with the fol-
in the appropriate offices of the United          the public interest in this land trans-            lowing legal description:
States Forest Service, Department of Agri-                                                             (A) S1⁄2 of SW1⁄4 of section 35 of township 26
culture.
                                                  fer.
                                                                                                     north, range 17 east, Willamette Meridian
  (d) CONVEYANCE OF LAND REMOVED FROM               Mr. Speaker, H.R. 2238 deletes approxi-          Chelan County, Washington.
WILDERNESS AREA.—The Secretary of Agri-           mately 1 acre from the Raggeds Wilderness            (B) The area specified by Public Utility
culture shall use the authority provided by       and authorizes the transfer of this land to the    District No. 1 as Government Lot 5 in such
Public Law 97–465 (commonly known as the          adjacent private landowners who thought the        section 35.
September 4, 1996                         CONGRESSIONAL RECORD — HOUSE                                                                 H9967
  (c) REQUIREMENTS FOR EXCHANGE.—                   H.R. 2518 requires the Secretary of            ber RICHARDSON for their prompt atten-
  (1) TITLE ACCEPTANCE AND CONVEYANCE.—          Agriculture to conduct an appraisal to            tion to this bill and urge its passage
Upon offer by the Public Utility District of     determine the current fair market                 today.
all right, title, and interest in and to the
                                                 value of the lands and requires pay-                Mr. DOOLITTLE. Mr. Speaker, I
lands described in subsection (b)(2), if the
title is found acceptable by the Secretary,      ment needed to equalize any difference            yield back the balance of my time.
the Secretary shall accept title to such lands   in land value. It also requires that all            The SPEAKER pro tempore. The
and interests therein and shall convey to the    right, title, and interest in the                 question is on the motion offered by
Public Utility District all right, title, and    wastewater treatment facility shall be            the gentleman from California [Mr.
interest of the United States in and to the      conveyed to the P.U.D., and that the              DOOLITTLE] that the House suspend the
lands described in subsection (b)(1).            P.U.D. shall provide a credit, equal to           rules and pass the bill, H.R. 2518, as
  (2) APPRAISALS REQUIRED.—Before making         the fair market value of the treatment            amended.
an exchange pursuant to subsection (a), the      facility, applied to the United States’             The question was taken; and (two-
Secretary shall conduct appraisals of the
                                                 share of any new or modified facilities           thirds having voted in favor thereof)
lands that are subject to the exchange to de-
termine the fair market value of the lands.      constructed by the P.U.D. after Novem-            the rules were suspended and the bill,
Such appraisals shall not include the value      ber 4, 1991.                                      as amended, was passed.
of the wastewater treatment facility referred       Mr. HASTINGS is to be commended for              A motion to reconsider was laid on
to in paragraph (4)(A).                          his efforts to ensure that the legisla-           the table.
  (3) ADDITIONAL CONSIDERATION.—If, on the       tion fully meets the needs of both the
basis of the appraisals made under paragraph     Forest Service and the public utility
(1), the Secretary determines that the fair      district. H.R. 2518 is supported by the             DEL NORTE COUNTY, CA, LAND
market value of the lands to be conveyed by      administration and is needed to pro-                           CONVEYANCE
one party under subsection (a) is less than      vide for the more efficient manage-                 Mr. DOOLITTLE. Mr. Speaker, I
the fair market value of the lands to be con-
veyed by the other party under subsection
                                                 ment of wastewater treatment in the               move to suspend the rules and pass the
(a), then, as a condition of making the ex-
                                                              ˇ
                                                 Lake Wenatchee area of Chelan Coun-               bill (H.R. 2709) to provide for the con-
change under subsection (a), the party con-      ty, Washington. Therefore, I urge my              veyance of certain land to the Del
veying the lands with the lesser value shall     colleagues to facilitate this land ex-            Norte County Unified School District
pay the other party the amount by which the      change and support H.R. 2518.                     of Del Norte County, CA, as amended.
fair market value of the lands of greater           Mr. Speaker, I reserve the balance of            The Clerk read as follows:
value exceeds the fair market value of the       my time.                                                              H.R. 2709
lands of lesser value.                              Mr. MILLER of California. Mr.
  (4) CONVEYANCE OF WASTEWATER TREATMENT                                                             Be it enacted by the Senate and House of Rep-
                                                 Speaker, I yield myself such time as I            resentatives of the United States of America in
FACILITY.—(A) As part of an exchange made        may consume.
under subsection (a), the Secretary shall                                                          Congress assembled,
                                                    Mr. Speaker, H.R. 2518 would authorize the     SECTION 1. CONVEYANCE.
convey to the Public Utility District of Che-
                                                 transfer of sewage treatment facilities and as-     As soon as practicable after the date of the
lan County, Washington, all right, title, and
interest of the United States in and to the      sociated lands on the Wenatchee National          enactment of this Act, the Secretary of Agri-
wastewater treatment facility (including the     Forest to Public Utility No. 1 of Chelen Coun-    culture shall convey to the Del Norte County
wastewater treatment plant and associated        ty, in exchange for lands of equal value and      Unified School district of Del Norte County,
lagoons) located on the lands described in       other consideration.                              California, in accordance with this Act, all
subsection (b)(1) that is in existence on the       We have no objection to the measure            right, title, and interest of the United States
date of the exchange.                            and I would note that the administra-             in and to the property described in section 2.
  (B) As a condition for the exchange under      tion also supports the bill. It is a fair         SEC. 2. PROPERTY DESCRIPTION.
subsection (a), the Public Utility District      deal for both the local utility district            The property referred to in section 1 is
shall provide for a credit equal to the fair                                                       that portion of Township 17 North, Range 2
                                                 and the Federal Government.
market value of the wastewater treatment                                                           East, Humboldt Meridian in Del Norte Coun-
                                                    Mr. Speaker, I yield back the balance
facility conveyed pursuant to subparagraph                                                         ty, California, which is further described as
(A) (determined as of November 4, 1991), that    of my time.                                       follows:
shall be applied to the United States’ share        Mr. DOOLITTLE. Mr. Speaker, I                    Beginning at Angle Point No. 3 of Tract 41
of any new or modified wastewater treat-         yield 5 minutes to the gentleman from             as resurveyed by the Bureau of Land Man-
ment facilities constructed by the Public        Washington [Mr. HASTINGS].                        agement under survey Group No. 1013, ap-
Utility District after November 4, 1991.            Mr. HASTINGS of Washington. Mr.                proved August 13, 1990, and shown on the offi-
  (d) ADDITIONAL TERMS AND CONDITIONS.—          Speaker, I thank the gentleman for                cial plat thereof;
The Secretary may require such additional        yielding and rise in strong support of              thence on the line between Angle Points
terms and conditions in connection with the      H.R. 2518.                                        No. 3 and No. 4 of Tract 41, North 89 degrees,
exchange under this section as the Secretary        This noncontroversial bill authorizes          24 minutes, 20 seconds East, a distance of
determines appropriate to protect the inter-     the transfer of 122 acres of Wenatchee            345.44 feet to Angle Point No. 4 of Tract 41;
ests of the United States.                                                                           thence on the line between Angle Points
                                                 National Forest land that includes a              No. 4 and No. 5 of Tract 41, South 00 degrees,
  The SPEAKER pro tempore. Pursu-                wastewater treatment plant, for 109               01 minutes, 20 seconds East, a distance of
ant to the rule, the gentleman from              acres of unencumbered land along the              517.15 feet;
California [Mr. DOOLITTLE] and the               Wenatchee River currently owned by                  thence West, a distance of 135.79 feet;
gentleman from California [Mr. MIL-              Chelan Public Utility District No. 1.               thence North 88 degrees, 23 minutes, 01 sec-
LER] each will control 20 minutes.                  In recent years, the septic system             onds West, a distance of 61.00 feet;
  The Chair recognizes the gentleman             serving area businesses and private                 thence North 39 degrees, 58 minutes, 18 sec-
from California [Mr. DOOLITTLE].                 residences has failed due to rapid                onds West, a distance of 231.37 feet to the
  Mr. DOOLITTLE. Mr. Speaker, I                                                                    East line of Section 21, Township 17 North,
                                                 growth and development throughout                 Range 2 East;
yield myself such time as I may                  the Lake Wenatchee community. The                   thence along the East line of Section 21,
consume.                                         PUD will use the Forest Service facil-            North 00 degrees, 02 minutes, 20 seconds
  (Mr. DOOLITTLE asked and was                   ity to provide adequate services to this          West, a distance of 334.53 feet to the point of
given permission to revise and extend            area.                                             beginning.
his remarks.)                                       H.R. 2518 merely implements this               SEC. 3. CONSIDERATION.
  Mr. DOOLITTLE. Mr. Speaker, I rise             commonsense solution developed by                   The conveyance provided for in section 1
in support of H.R. 2518, introduced by           the local community. The bill has the             shall be without consideration except as re-
Mr. HASTINGS of Washington. This leg-            strong support of the PUD, the Forest             quired by this Act.
islation provides for the transfer of 122        Service, and the local county commis-             SEC. 4. CONDITIONS OF CONVEYANCE.
acres of National Forest System lands            sioners. All sides agree that the trans-            The conveyance provided for in section 1
and a sewage treatment plant to Public                                                             shall be subject to the following conditions:
                                                 fer of the Forest Service’s wastewater
                                                                                                     (1) Del Norte County shall be provided, for
Utility District No. 1 of Chelan County.         treatment plant is the answer to the              no consideration, an easement for County
In exchange, the Forest Service will re-         Lake Wenatchee community’s current                Road No. 318 which crosses the Northeast
ceive 109 acres of unencumbered land             problems.                                         corner of the property conveyed.
owned by the P.U.D. on the Wenatchee                I want to thank Subcommittee                     (2) The Pacific Power and Light Company
River.                                           Chairman HANSEN and Ranking Mem-                  shall be provided, for no consideration, an
H9968                                      CONGRESSIONAL RECORD — HOUSE                                                    September 4, 1996
easement for utility equipment as necessary      nity in northwest California can pro-                unsuccessful. An official of the Forest Service
to maintain the level of service provided by     vide much-needed facilities for its stu-             has described the site as ‘‘a parcel of public
the utility equipment on the property as of      dents. I urge the Members of the House               land sitting within a town site [that’s] almost
the date of the conveyance.
                                                 to join me in supporting H.R. 2709 for               impossible to manage as a piece of national
  (3) The United States shall be provided, for
no consideration, an easement to provide ac-     the school children of Del Norte Coun-               forest.’’ In a July 31, 1995, letter regarding a
cess to the United States property that is       ty.                                                  no-cost conveyance, the Department of Agri-
south of the property conveyed.                      Mr. Speaker, I reserve the balance of            culture Forest Supervisor stated:
SEC. 5. LIMITATIONS ON CONVEYANCE.               my time.                                               Our Forest would have no objection to this
  The conveyance authorized by section 1 is          Mr. MILLER of California. Mr.                    method of conveying the site to the School
subject to the following limitations:            Speaker, I yield myself such time as I               District due to its close proximity to the
  (1) ENCUMBRANCES.—Such conveyance shall        may consume.                                         town of Gasquet, long range need, location
be subject to all encumbrances on the land           Mr. Speaker, we have no objections               outside the [Smith River National Recre-
existing as of the date of enactment of this     to this measure. It was amended by the               ation Area], overall development of the site,
Act.                                             Committee on Natural Resources to ad-                and the difficulty of the Forest Service to
  (2) RE-ENTRY RIGHT.—The United States          dress several issues related to the                  manage the site for other National Forest
shall retain a right of re-entry in the land                                                          purposes.
                                                 transfer.
described for conveyance in section 2. If the                                                           Besides the Forest Service, the Gasquet
Secretary determines that the conveyed
                                                     Mr. Speaker, H.R. 2709 would convey 4.2
property is not being used for public edu-       acres of land in the Six Rivers National Forest      Community Council, Del Norte County Unified
cational or related recreational purposes, the   to the Del Norte County School District for no       School District, and the Del Norte County
United States shall have a right to re-enter     consideration, subject to certain terms and          Board of Supervisors all support the transfer
the property conveyed therein without con-       conditions.                                          proposed by H.R. 2709.
sideration.                                          We have no objection to the measure. H.R.          I urge my colleagues to pass this legislation.
SEC. 6. ADDITIONAL TERMS AND CONDITIONS.         2709 was amended by the Resources Com-                 Mr. Speaker, I yield back the balance
  The conveyance provided for in section 1       mittee to address several issues related to the      of my time.
shall be subject to such additional terms and    transfer. As the bill stands now, it will provide      Mr. DOOLITTLE. Mr. Speaker, I
conditions as the Secretary of Agriculture       necessary lands for a local school, while re-        yield back the balance of my time, and
and the Del Norte County Unified School          taining for the Federal Government terms and
District agree are necessary to protect the
                                                                                                      I urge passage of the bill.
                                                 conditions that protect the public interest.           The SPEAKER pro tempore. The
interests of the United States.
                                                     Mr. RIGGS. Mr. Speaker, I rise in support of     question is on the motion offered by
  The SPEAKER pro tempore. Pursu-
                                                 H.R. 2709, which I introduced last December.         the gentleman from California [Mr.
ant to the rule, the gentleman from
                                                 I thank Chairman HANSEN and the other bipar-         DOOLITTLE] that the House suspend the
California [Mr. DOOLITTLE] and the
                                                 tisan leadership of the Resources Committee          rules and pass the bill, H.R. 2709, as
gentleman from California [Mr. MIL-              for their attention to this bill.
LER] each will control 20 minutes.                                                                    amended.
                                                     Briefly, H.R. 2709 would convey to the Del         The question was taken; and (two-
  The Chair recognizes the gentleman             Norte County Unified School District, Del
from California [Mr. DOOLITTLE].                                                                      thirds having voted in favor thereof)
                                                 Norte County, CA, 4.32 acres of Forest Serv-         the rules were suspended and the bill,
  Mr. DOOLITTLE. Mr. Speaker, I                  ice land on which the Gasquet Mountain
yield myself such time as I may                                                                       as amended, was passed.
                                                 School now sits.                                       A motion to reconsider was laid on
consume.                                             The bill provides that as soon as practicable
  (Mr. DOOLITTLE asked and was                                                                        the table.
                                                 after enactment, the Secretary of Agriculture
given permission to revise and extend            shall convey to the Del Norte County Unified
his remarks.)                                    School District land, which is described by
  Mr. DOOLITTLE. Mr. Speaker, I rise                                                                   ELKHORN TIMBER SUBSTITUTION
                                                 metes and bounds, on which the Gasquet
in support of H.R. 2709, introduced by           Mountain School has been located since                 Mr. DOOLITTLE. Mr. Speaker, I
Mr. RIGGS of California, to transfer             1961. Since that time, the school district has       move to suspend the rules and pass the
ownership of 4.32 acres of national for-         paid approximately $900 per year for the lease       bill (H.R. 2711) to provide for the sub-
est land in California to the Del Norte          of the land from the Forest Service. The land        stitution of timber for the canceled
County Unified School District for the           would otherwise be unused.                           Elkhorn Ridge Timber Sale.
Gasquet Mountain School. The school                  Gasquet, CA is a small rural community lo-         The Clerk read as follows:
district has leased the land from the            cated in the middle of U.S. Forest Service and                           H.R. 2711
Six Rivers National Forest for $900 per          National Park lands. It is over 20 miles from          Be it enacted by the Senate and House of Rep-
year for a school since 1961. While tech-        the nearest community facility available for so-     resentatives of the United States of America in
nically part of the Six Rivers National          cial or recreational purposes.                       Congress assembled,
Forest, the parcel is actually in a town             Because the school district does not own         SECTION 1. SUBSTITUTION OF TIMBER FOR CAN-
setting and would otherwise be unused                                                                            CELED TIMBER SALE.
                                                 title to the land, it has been unable to qualify
by the Forest Service.                                                                                  (a) IN GENERAL.—Notwithstanding the pro-
                                                 for funding to enhance, expand, and otherwise
  Because the school district does not                                                                visions of the Act of July 31, 1947 (30 U.S.C.
                                                 improve the educational and recreational op-         601 et seq.), and the requirements of section
own title to the land, it has been un-           portunities for local children. There is now no      5402.0–6 of title 43, Code of Federal Regula-
able to qualify for funding to upgrade           indoor facility where children can play during       tions, the Secretary of the Interior, acting
or add to the school. There is no indoor         Del Norte County’s long, wet, and sometimes          through the Bureau of Land Management, is
facility for children in inclement               snowy, winters. If the transfer is approved, the     authorized to substitute, without competi-
weather. The transfer would enable the           school could build a multipurpose room. It           tion, a contract for timber identified for har-
school to build a multipurpose room              could also be used as a cafeteria, gymnasium,        vest located on public lands administered by
for use as a cafeteria, gymnasium, and                                                                the Bureau of Land Management in the
                                                 and meeting room.
meeting room.                                                                                         State of California of comparable value for
                                                     While the land is technically part of Six Riv-
                                                                                                      the following terminated timber contract:
  The bill was amended in the Sub-               ers National Forest, it is isolated from the         Elkhorn Ridge Timber Sale, Contract No.
committee on National Parks, Forests,            main body of the forest within the town of           CA–050–TS–88–01.
and Lands to clarify the reservations            Gasquet. Because of this, and its long history         (b) DISCLAIMER.—Nothing in this section
to the Federal Government, and then,             of use as a school, the conveyance would be          shall be construed as changing any law or
at the administration’s request, it was          without consideration. However, the bill re-         policy of the Federal Government beyond the
amended by the Committee on Re-                  quires that the school district must continue to     timber sale substitution specified in this sec-
sources to further clarify those res-            use the property for public educational or rec-      tion.
ervations. As a result, H.R. 2709 ensures        reational purposes. Furthermore, the school            The SPEAKER pro tempore. Pursu-
the Federal Government a right of re-            district must provide continued access as nec-       ant to the rule, the gentleman from
entry in the event the land is no longer         essary to the United States—to reach adjoin-         California [Mr. DOOLITTLE] and the
used for public educational or rec-              ing property—to Del Norte County—for a               gentleman from California [Mr. MIL-
reational purposes.                              road—and to the local power company.                 LER] each will control 20 minutes.
  This commonsense legislation is                    Previous attempts by the school district to        The Chair recognizes the gentleman
needed so that a small rural commu-              exchange other land for the parcel have been         from California [Mr. DOOLITTLE].
September 4, 1996                      CONGRESSIONAL RECORD — HOUSE                                                          H9969
   Mr. DOOLITTLE. Mr. Speaker, I             tleman from California [Mr. DOO-            the gentleman from California [Mr.
yield myself such time as I may              LITTLE], for yielding me time, and a fel-   DOOLITTLE] that the House suspend the
consume.                                     low member of the Gang of 7, least          rules and pass the bill, H.R. 2711.
   (Mr. DOOLITTLE asked and was              they forget too soon around here. I also      The question was taken; and (two-
given permission to revise and extend        want to thank other members of the          thirds having voted in favor thereof)
his remarks.)                                Committee on Natural Resources, in-         the rules were suspended and the bill
   Mr. DOOLITTLE. Mr. Speaker, in Oc-        cluding the ranking minority member,        was passed.
tober 1987, BLM sold 3.8 million board       the gentleman from California [Mr.            A motion to reconsider was laid on
feet of timber within the Elkhorn            MILLER], for their support of the imme-     the table.
Ridge area in Mendocino County near          diately preceding bill as well as this
Laytonville, CA. As the result of a law-     particular legislation. Both of these          CALIFORNIA BUREAU OF LAND
suit filed with the Federal district         bills are very important to my congres-           MANAGEMENT TRANSFER
court in 1989 by the Sierra Club, the        sional district.
BLM reassessed the impacts of the sale         The conveyance of the Gasquet               Mr. DOOLITTLE. Mr. Speaker, I
on the area’s wild and scenic river cor-     Mountain School property will help a        move to suspend the rules and pass the
ridor, northern spotted owl, marbled         very small rural and remote commu-          bill (H.R. 3147) to provide for the ex-
murrelet and the at-risk coho salmon,        nity in Del Norte County, the most          change of certain Federal lands in the
currently petitioned for Federal list-       northern county in my congressional         State of California managed by the Bu-
ing.                                         district. It will help a financially        reau of Land Management for certain
   The Elkhorn Ridge sale site lies          strapped school district by providing       non-Federal lands, and for other pur-
within the South Fork Eel River Man-         them with a facility for permanent use.     poses, as amended.
agement Area, which has been identi-         It will also provide a rural community        The Clerk read as follows:
fied as a tier 1 key watershed in the        with a meeting location for other com-                          H.R. 3147
President’s Northwest forest plan.           munity activities, although again the         Be it enacted by the Senate and House of Rep-
   The BLM signed a record of decision       principal purpose of conveying this         resentatives of the United States of America in
on May 27, 1994, stopping the harvest of                                                 Congress assembled,
                                             property is to provide the Gasquet
                                                                                         SECTION 1. FINDINGS AND PURPOSE.
the timber sale. Eel River Sawmills          School District with an additional per-
                                                                                           (a) FINDINGS.—The Congress finds that the
filed a claim under the Contract Dis-        manent facility on land that has been       exchange of lands authorized by this Act will
putes Act for resolution of the Elkhorn      previously owned by the Federal Gov-        benefit both the private landowners and the
Ridge timber sale contract, seeking          ernment and managed by the U.S. For-        United States by consolidating their respec-
damages of $2.4 million.                     est Service.                                tive land ownership patterns.
   The BLM’s preferred option in resolv-       The Elkhorn timber sale substitution        (b) PURPOSE.—The purpose of this Act is to
ing the timber contract is to substitute     is an equitable resolution of a long-       authorize, facilitate, and expedite the land
timber from less environmentally sen-        standing dispute between the Bureau of      exchange set forth herein.
sitive areas in the region. BLM has          Land Management and a private tim-          SEC. 2. MERCED IRRIGATION DISTRICT LAND EX-
                                                                                                    CHANGE.
identified three suitable sale areas         ber company, the Eel River Sawmills,          (a) CONVEYANCE.—The Secretary of the In-
which would be nearly equal in value         which is one of the largest and most        terior may convey the Federal lands de-
to the Elkhorn timber sale. BLM’s Re-        important private employers in Hum-         scribed in subsection (d)(1) in exchange for
gional and the Department of the Inte-       boldt County, the largest county in my      the non-Federal lands described in sub-
rior Solicitors have concurred in            congressional district.                     section (d)(2), in accordance with the provi-
BLM’s determination that such a sub-           This is, I think, sort of an example of   sions of this Act.
stitute would be in the public interest      how we might resolve disputed timber          (b) APPLICABILITY OF OTHER PROVISIONS OF
and the most suitable resolution to          sales when, after the Federal Govern-       LAW.—The land exchange required in this
                                                                                         Act shall be carried out in accordance with
this legal dispute.                          ment has entered into a contractual
                                                                                         section 206 of the Federal Land Policy and
   H.R. 2711 enjoys the support of the in-   obligation to sell timber harvesting        Management Act of 1976 (43 U.S.C. 1716) and
terested parties and would authorize         rights or timber land to a private con-     in accordance with other applicable laws.
such a substitute.                           cern, environmental objections are            (c) ACCEPTABILITY OF TITLE AND MANNER OF
   Mr. Speaker, I reserve the balance of     raised.                                     CONVEYANCE.—The Secretary of the Interior
my time.                                       Again, we believe that this bill does     shall not carry out an exchange described in
   Mr. MILLER of California. Mr.             in fact substitute timber of equal value    subsection (a) unless the title to the non-
Speaker, I yield myself such time as I       for the canceled Elkhorn Ridge timber       Federal lands to be conveyed to the United
may consume.                                                                             States, and the form and procedures of con-
                                             sale. It should make the Eel River Saw-
                                                                                         veyance, are acceptable to the Secretary.
   Mr. Speaker, H.R. 2711 would imple-       mills, which was the successful bidder        (d) LANDS TO BE EXCHANGED.—
ment a settlement agreement reached          on the Elkhorn Ridge timber sale, fi-         (1) FEDERAL LANDS TO BE EXCHANGED.—The
between Eel River Sawmills, Inc., and        nancially whole, and it will provide        Federal lands referred to in this Act to be ex-
the Department of the Interior regard-       them with a timber supply with which        changed consist of approximately 179.4 acres
ing the Elkhorn Ridge Timber sale.           they can continue to operate their mill     in Mariposa County, California, as generally
   We have no objection to this meas-        and continue to employ their work           depicted on the map entitled ‘‘Merced Irriga-
ure. Enactment of the bill will replace      force, which, again, represents a sig-      tion District Exchange—Proposed, Federal
                                                                                         Land’’; dated ——————— 1995, more par-
an environmentally destructive timber        nificant private employer in my con-        ticularly described as follows:
sale with one that is consistent with        gressional district.                          T. 3 S., R. 15 E., MDM (Mount Diablo Me-
the President’s forest plan. In addition,      So I want to thank the gentleman          ridian): sec. 35, SW1⁄4SE1⁄4, containing ap-
H.R. 2711 will negate the need to go to      from California [Mr. DOOLITTLE], and        proximately 40 acres.
court to deal with the damage claim          again thank the minority members of           T. 4 S., R. 15 E., MDM (Mount Diablo Me-
resulting in the canceling of the Elk-       the Committee on Natural Resources          ridian):
horn timber sale. The administration         for their bipartisan leadership and sup-      Sec. 14: E1⁄2SE1⁄4SE1⁄4, containing approxi-
                                                                                         mately 20 acres.
testified that they support the bill and     port of these two measures, H.R. 2709,        Sec. 23: NE1⁄4SE1⁄4, containing approxi-
believe it is in the best interests of the   conveyance of the Gasquet County            mately 40 acres.
Government and the taxpayers to              school property, and I want to ask for        T. 5 S., R. 15 E., MDM (Mount Diablo Me-
reach this agreement.                        their support for H.R. 2711, the bill       ridian):
   Mr. Speaker, I yield back the balance     pending before the House, the Elkhorn         Sec. 2: Lot 1, containing approximately 57.9
of my time.                                  Ridge timber sales substitution, and        acres.
   Mr. DOOLITTLE. Mr. Speaker, I                                                           Sec. 3: Lots 7 through 15, containing ap-
                                             urge passage of the legislation.
                                                                                         proximately 21.5 acres.
yield 5 minutes to the gentleman from          Mr. DOOLITTLE. Mr. Speaker, I have          (2) NON-FEDERAL LANDS TO BE EXCHANGED.—
California [Mr. RIGGS], the author of        no further requests for time, and I         The non-Federal lands referred to in this Act
this legislation.                            yield back the balance of my time.          to be exchanged consist of approximately 160
   Mr. RIGGS. Mr. Speaker, I want to           The SPEAKER pro tempore. The              acres in Mariposa County, California, as gen-
thank my very good friend, the gen-          question is on the motion offered by        erally depicted on the map entitled ‘‘Merced
H9970                                      CONGRESSIONAL RECORD — HOUSE                                                 September 4, 1996
Irrigation    District   Exchange—Proposed,       this measure and the administration                 tion programs to authorize up to four
Non-Federal Land’’, dated ————————                supports this bill.                                 tribally operated Indian Health Service
1995, more particularly described as T. 4 S.,        Mr. Speaker, H.R. 3147 provides for the ex-      hospitals or clinics to test methods for
R17E MDM (Mount Diablo Meridian): sec. 2,
                                                  change of lands between the Bureau of Land          direct billing and receipt of payment
SE1⁄4.
  (3) MAPS.—The maps referred to in this          Management and the Merced Irrigation Dis-           for health services provided to Medi-
subsection shall be on file and available for     trict. Under the legislation, 179 acres of scat-    care and Medicaid eligible patients.
inspection in the office of the Director of the   tered BLM lands within the irrigation district’s    The program was established to decide
Bureau of Land Management.                        water project area would be exchanged for           whether these collections could be in-
  (4) PARTIAL REVOCATION OF WITHDRAWALS.—         160 acres of land the irrigation district owns      creased through direct involvement of
The Executive order of December 31, 1912,         within the boundaries of the Merced Wild and        the tribal health care provider versus
creating Powersite Reserve No. 328, and the       Scenic River.                                       the current practice which required
withdrawal of Federal lands for Power
Project No. 2179, filed February 21, 1963, in
                                                     We have no objection to the measure. The         such billings and collections to be rout-
accordance with section 24 of the Federal         administration supports the bill. It is an even     ed through the Indian Health Service.
Power Act are hereby revoked insofar as           value exchange that will benefit both the irriga-     Currently, there are four tribal
they affect the Federal lands described in        tion district and the Federal Government.           health care providers participating in
paragraph (1). Any patent issued on such             Mr. Speaker, I yield back the balance            this demonstration project: the Bristol
Federal lands shall not be subject to section     of my time.                                         Bay Area Health Corporation of
24 of said Act.                                      Mr. DOOLITTLE. Mr. Speaker, I urge               Dillingham, AK; the South East Alaska
  The SPEAKER pro tempore. Pursu-                 passage of the bill, and I yield back the           Regional Health Consortium of Sitka,
ant to the rule, the gentleman from               balance of my time.                                 AK; the Mississippi Choctaw Health
California [Mr. DOOLITTLE] and the                   The SPEAKER pro tempore (Mr.                     Center of Philadelphia, MS; and the
gentleman from California [Mr. MIL-               WICKER). The question is on the motion              Choctaw Tribe of Oklahoma of Durant,
LER] each will control 20 minutes.                offered by the gentleman from Califor-              OK. All participants have expressed
  The Chair recognizes the gentleman              nia [Mr. DOOLITTLE] that the House                  success and satisfaction with the dem-
from California [Mr. DOOLITTLE].                  suspend the rules and pass the bill H.R.            onstration project and report dramati-
  Mr. DOOLITTLE. Mr. Speaker, I                   3147, as amended.                                   cally increased collections for Medi-
yield myself such time as I may                      The question was taken; and (two-                care and Medicaid services, thereby
consume.                                          thirds having voted in favor thereof)               providing additional revenues for In-
  (Mr. DOOLITTLE asked and was                    the rules were suspended and the bill,              dian health programs at these facili-
given permission to revise and extend             as amended, was passed.                             ties. They also report a significant re-
his remarks.)                                        A motion to reconsider was laid on               duction in the turnaround time be-
  Mr. DOOLITTLE. Mr. Speaker, I                   the table.                                          tween billing and receipt of payment,
would like to thank Mr. RADANOVICH                                                                    and increased efficiency by being able
for his diligent work on H.R. 3147. H.R.                                                              to track their own billings and collec-
3147 will result in an equal value ex-                    INDIAN HEALTH CARE                          tions. Therefore, they can act quickly
change of lands between the Bureau of                  DEMONSTRATION PROGRAM                          to resolve questions and problems.
Land Management [BLM] and the                       Mr. DOOLITTLE. Mr. Speaker, I                       The Indian Health Service is required
Merced Irrigation District [MID] sup-             move to suspend the rules and pass the              to monitor participation and receive
ported by all interested parties.                 bill (H.R. 3378) to amend the Indian                quarterly reports from the four partici-
  In 1991, Congress added 8 miles of the          Health Care Improvement Act to ex-                  pants. The law also requires the Indian
Merced River upstream from Lake                   tend the demonstration program for di-              Health Service to report to Congress on
McClure in Mariposa County, CA, to                rect billing of Medicare, Medicaid, and             the demonstration program at the end
the National Wild and Scenic River                other third party payors.                           of fiscal year 1996. This report is to
System. Lake McClure is the main res-               The Clerk read as follows:                        evaluate whether the objectives have
ervoir of the Merced Irrigation Dis-                                  H.R. 3378                       been fulfilled, and whether direct bill-
trict. The Bureau of Land Management                Be it enacted by the Senate and House of Rep-     ing should be allowed for other tribal
manages a significant amount of land              resentatives of the United States of America in     providers who operate an entire Indian
in the Lake McClure area.                         Congress assembled,                                 Health Service facility.
  Soon after the wild and scenic river            SECTION   1. EXTENSION OF CERTAIN          DEM-       H.R. 3378 extends this demonstration
designation, MID and the BLM began                            ONSTRATION PROGRAM.                     authority for 2 more years to give Con-
to discuss a possible land transfer to              Section 405(c)(2) of the Indian Health Care       gress time to review the report the In-
enhance their land management objec-              Improvement Act (25 U.S.C. 1645(c)(2)) is           dian Health Service must submit on
tives. As a result of the discussions,            amended by striking ‘‘September 30, 1996’’          September 30, 1996, and determine the
                                                  and inserting in lieu thereof ‘‘September 30,       future of the program. Secretary
MID and BLM worked out a land ex-
                                                  1998’’.
change in which BLM would convey                                                                      Donna E. Shalala sent a letter to
several scattered parcels of land below             The SPEAKER pro tempore. Pursu-                   Chairman DON YOUNG on August 1 in
Lake McClure in exchange for approxi-             ant to the rule, the gentleman from                 support of H.R. 3378 for the administra-
mately 160 acres of land owned by MID             California [Mr. DOOLITTLE] and the                  tion. I urge my colleagues to support
along the national wild and scenic cor-           gentleman from American Samoa [Mr.                  the extension of this productive dem-
ridor. The land exchange proposal is              FALEOMAVAEGA] each will control 20                  onstration program and to vote for
contained in H.R. 3147.                           minutes.                                            final passage of H.R. 3378.
  H.R. 3147 will enable the BLM to con-             The Chair recognizes the gentleman                  Mr. Speaker, I reserve the balance of
solidate its land ownership in the                from California [Mr. DOOLITTLE].                    my time.
Merced River region and enhance one                 (Mr. DOOLITTLE asked and was                        Mr. FALEOMAVAEGA. Mr. Speaker,
of their most important recreational              given permission to revise and extend               I yield myself such time as I may
areas in California. At the same time,            his remarks.)                                       consume.
H.R. 3147 will benefit MID by allowing              Mr. DOOLITTLE. Mr. Speaker, I                       (Mr. FALEOMAVAEGA asked and
them to consolidate their ownership of            yield myself such time as I may                     was given permission to revise and ex-
lands in the Lake McClure area.                   consume.                                            tend his remarks.)
                                                    H.R. 3378 would extend a demonstra-                 Mr. FALEOMAVAEGA. Mr. Speaker,
                   1430                           tion project for direct billing of Medi-            I am pleased to offer my support for
  Mr. Speaker, I reserve the balance of           care, Medicaid, and other third party               this bill which would extend for 2 more
my time.                                          payors. This bill will extend this dem-             years an important demonstration
  Mr. MILLER of California. Mr.                   onstration project through September                project contained in section 405 of the
Speaker, I yield myself such time as I            30, 1998, rather than allowing it to sun-           Indian Health Care Improvement Act.
may consume.                                      set at the end of this month.                       This demonstration project allows par-
  Continuing this unprecedented bipar-              In 1988, the Indian Health Care Im-               ticipating tribes and tribal organiza-
tisan harmony, we have no objection to            provement Act established demonstra-                tions who operate their own hospitals
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                  H9971
or clinics to directly bill Medicaid and          source Committee’s report on H.R. 3378, and         retary considers appropriate to protect the
Medicare for services provided to eligi-          as part of the record during consideration of       interests of the United States.
ble Indian patients. Direct billing has           this bill by the House.                               The SPEAKER pro tempore. Pursu-
                                                        Sincerely,                                    ant to the rule, the gentleman from
saved these tribes invaluable time and
                                                          THOMAS J. BLILEY Jr., Chairman.
money that they otherwise would have                                                                  California [Mr. DOOLITTLE] and the
lost by having to route their billing               Mr. DOOLITTLE. Mr. Speaker, I urge                gentleman from California [Mr. MIL-
through the Indian Health Service. By             passage of this legislation, and I yield            LER] each will control 20 minutes.
saving the tribes time, the program has           back the balance of my time.                          The Chair recognizes the gentleman
allowed the tribes to more efficiently              The SPEAKER pro tempore. The                      from California [Mr. DOOLITTLE].
manage their limited resources and im-            question is on the motion offered by                  (Mr. DOOLITTLE asked and was
prove billing practices, which in turn            the gentleman from California [Mr.                  given permission to revise and extend
has generated even more income for                DOOLITTLE] that the House suspend the               his remarks.)
                                                  rules and pass the bill, H.R. 3378.                   Mr. DOOLITTLE. Mr. Speaker, I
these programs. At a time when the na-
                                                    The question was taken; and (two-                 yield myself such time as I may
tional level of need funded [LNF] for
                                                  thirds having voted in favor thereof)               consume.
most Indian health programs rests at
                                                  the rules were suspended and the bill                 Mr. Speaker, I rise in support of H.R.
60–70 percent, these additional dollars                                                               3547, introduced by Mr. HAYWORTH,
make an important difference in the               was passed.
                                                    The motion to reconsider was laid on              which would convey 30 acres of land on
kinds of services and quality of care                                                                 the Apache National Forest in Apache
these tribes can provide.                         the table.
                                                                                                      County, AZ to the Alpine Elementary
  Mr. Speaker, I believe that this dem-                                                               School District. The school district
onstration program has been a remark-              APACHE NATIONAL FOREST LAND                        needs the land to construct school fa-
able success and hope that in time we                          CONVEYANCE                             cilities and related playing fields. The
will be able to expand this worthwhile                                                                school district is willing to purchase
project to other tribes and tribal orga-            Mr. DOOLITTLE. Mr. Speaker, I
                                                  move to suspend the rules and pass the              the lands; however, the cost is prohibi-
nizations.                                                                                            tive.
  Mr. Speaker, I thank the author of              bill (H.R. 3547) to provide for the con-
                                                  veyance of a parcel of real property in               Eighty-five percent of Apache County
this bill, the gentleman from Alaska                                                                  is federally controlled land. As a re-
[Mr. YOUNG], the chairman of the                  the Apache National Forest in the
                                                  State of Arizona to the Alpine Elemen-              sult, school district budgets must rely
House Resources Committee, and the                                                                    heavily on their 25-percent share of re-
gentleman from California [Mr. MIL-               tary School District 7 to be used for
                                                  the construction of school facilities               ceipts from national forest timber har-
LER], the ranking Democrat of the Re-                                                                 vests, designation by law for local
sources Committee, for their support.             and related playing fields, as amended.
                                                    The Clerk read as follows:                        schools and roads. Unfortunately, ap-
  Mr. Speaker, I urge my colleagues to                                                                peals and litigation have halted all log-
support this legislation.                                             H.R. 3547
                                                                                                      ging in Arizona, and as a result the Al-
  Mr. Speaker, I yield back the balance             Be it enacted by the Senate and House of Rep-
                                                                                                      pine Elementary School District’s rev-
of my time.                                       resentatives of the United States of America in
                                                  Congress assembled,                                 enues have fallen sharply. Without this
  Mr. DOOLITTLE. Mr. Speaker, I in-                                                                   conveyance, the school district would
                                                  SECTION 1. LAND CONVEYANCE, APACHE NA-
clude for the RECORD a letter from the                      TIONAL FOREST, ARIZONA.                   not be able to afford to construct any
gentleman from Virginia [Mr. BLILEY],               (a) CONVEYANCE REQUIRED.—(1) The Sec-             facilities after acquiring the land.
chairman of the Committee on Com-                 retary of Agriculture shall convey, without           H.R. 3547 stipulates that the land can
merce.                                            consideration, to the Alpine Elementary             only be used for school facilities. In ad-
   U.S. HOUSE OF REPRESENTATIVES,                 School District 7 of the State of Arizona (in       dition, the school district will bear the
               COMMITTEE ON COMMERCE,             this section referred to as the ‘‘School Dis-       costs of performing a survey to deter-
              Washington, DC, August 1, 1996.     trict’’), all right, title, and interest of the     mine the exact acreage and legal de-
Hon. DON YOUNG,                                   United States in and to a parcel of real prop-
                                                                                                      scription of the property.
Chairman, Committee on Resources,                 erty, including any improvements thereon,
                                                                                                        The     Subcommittee       of    National
U.S. House of Representatives,                    consisting of approximately 30 acres located
Washington, DC.                                   in the Apache National Forest, Apache Coun-         Parks, Forests and Lands amended
  DEAR MR. CHAIRMAN: On June 19, 1996, the        ty, Arizona, and further delineated as fol-         H.R. 3547 to revise the acreage descrip-
Committee on Resources ordered reported           lows: North 1⁄2 of Northeast 1⁄4 of Southeast 1⁄4   tion and clarify the Federal Govern-
H.R. 3378, a bill to amend the Indian Health      of section 14, Township 5 North, Range 30           ment’s interest in the property. It was
Care Improvement Act to extend the dem-           East, Gila and Salt River meridian, and             amended again by the Committee on
onstration program for direct billing of Med-     North 1⁄2 of South 1⁄2 of Northeast 1⁄4 of South-   Resources at the request of the admin-
icare, Medicaid, and other third party            east 1⁄4 of such section.                           istration to change the Federal inter-
payors. It is my understanding that you             (2) The exact acreage and legal description
                                                                                                      est to a right of reentry if the property
would like the Committee on Commerce to           of the real property to be conveyed under
be discharged from consideration of this          paragraph (1) shall be determined by a sur-         is no longer used for public school fa-
measure.                                          vey satisfactory to the Secretary. The cost         cilities or related recreational pur-
  I have a number of concerns about proceed-      of the survey shall be borne by the School          poses.
ing in this manner. As you know, this Com-        District.                                             I urge the Members of the House to
mittee has invested countless hours in Med-         (b) CONDITION OF CONVEYANCE.—The con-             support the school children of Apache
icaid reform legislation. The status of our re-   veyance made under subsection (a) shall be          County by supporting Mr. HAYWORTH’s
form efforts makes separate consideration of      subject to the condition that the School Dis-       reasonable bill, H.R. 3547. Once Con-
H.R. 3378 somewhat awkward. Despite my po-        trict use the conveyed property for public          gress enacts this legislation, the Alpine
sition on this matter, I do understand your       school facilities and related public school
                                                  recreational purposes.
                                                                                                      School District will have the ability to
interest in having H.R. 3378 move forward ex-
peditiously, since authorization for these          (c) RIGHT OF REENTRY.—The United States           construct the school facilities that
demonstration projects ends September 30,         shall retain a right of reentry in the prop-        these children need and deserve.
1996. Therefore, the Committee on Commerce        erty to be conveyed. if the Secretary deter-          Mr. Speaker, I reserve the balance of
will agree to be discharged from consider-        mines that the conveyed property is not             my time.
ation of this legislation.                        being used in accordance with the condition           Mr. MILLER of California. Mr.
  By agreeing to be discharged from consid-       in subsection (b), the United States shall          Speaker, I yield myself such time as I
eration, this Committee does not waive its        have the right to reenter the conveyed prop-        may consume.
jurisdictional interest in the matter. I re-      erty without consideration.                           When this bill was originally intro-
serve the right to seek equal conferees dur-        (d) ENCUMBRANCES.—The conveyance made             duced, there were some concerns, but
ing any House-Senate conference that may          under subsection (a) shall be subject to all
                                                                                                      the committee has amended the legis-
be convened on this legislation.                  encumbrances on the property existing as of
  I want to thank you and your staff for your     the date of the enactment of this Act.              lation to address those, to address
assistance in providing the Commerce Com-           (e) ADDITIONAL TERMS AND CONDITIONS.—             those concerns, and we have no objec-
mittee with a timely opportunity to review        The Secretary may require such additional           tion to this measure.
its interests in H.R. 3378. I would appreciate    terms and conditions in connection with the           Mr. Speaker, H.R. 3547 would authorize the
your including this letter as a part of the Re-   conveyance under subsection (a) as the Sec-         conveyance of certain national forest lands in
H9972                                         CONGRESSIONAL RECORD — HOUSE                                             September 4, 1996
the State of Arizona to the Alpine Elementary        tions to the Federal Oil and Gas Roy-        HISTORICALLY BLACK COLLEGES
School District 7 for use as a school and for        alty Management Act of 1982, as                AND     UNIVERSITIES       RESTORA-
school-related recreational facilities.              amended. This corrections bill is nec-         TION AND PRESERVATION ACT
   Although there were initially several con-        essary because H.R. 1975, the Federal          Mr. DOOLITTLE. Mr. Speaker, I
cerns with the bill, H.R. 3547 was amended by        Oil and Gas Royalty Simplification and       move to suspend the rules and pass the
the Resources Committee to address these is-         Fairness Act of 1996, which we passed        bill (H.R. 1179) to authorize appropria-
sues. The changes made to the bill by the            on July 16, 1996, in the House of Rep-       tions for the preservation and restora-
committee bring the bill in line with similar        resentatives and the Senate passed on        tion of historic buildings at histori-
measures previously considered by the                August 2, contained typographical er-        cally black colleges and universities,
House. As a result we have no objection to           rors of commission and omission. H.R.        as amended.
this measure.                                        1975 amended the 1982 royalty manage-          The Clerk read as follows:
   Mr. Speaker, I yield back the balance             ment law. Senate Concurrent Resolu-                              H.R. 1179
of my time.                                          tion 70 was prepared and unanimously           Be it enacted by the Senate and House of Rep-
   Mr. DOOLITTLE. Mr. Speaker, I urge                adopted in that body to instruct the         resentatives of the United States of America in
passage of the bill, and I yield back the            House enrolling clerk to make the cor-       Congress assembled,
balance of my time.                                  rections to H.R. 1975, but the House had     SECTION 1. HISTORICALLY BLACK COLLEGES
   The SPEAKER pro tempore. The                                                                             AND    UNIVERSITIES   HISTORIC
                                                     already recessed for the August district               BUILDING RESTORATION AND PRES-
question is on the motion offered by                 work period by the time that the other                 ERVATION.
the gentleman from California [Mr.                   body had acted.                                 (a) AUTHORITY TO MAKE GRANTS.—From
DOOLITTLE] that the House suspend the                  Working with administration offi-          the amounts made available to carry out the
rules and pass the bill, H.R. 3547, as               cials, congressional leaders decided to      National Historic Preservation Act, the Sec-
amended.                                                                                          retary of the Interior shall make grants in
                                                     send the uncorrected bill to the Presi-
   The question was taken; and (two-                                                              accordance with this section to eligible his-
                                                     dent for signature with the promise of       torically black colleges and universities for
thirds having voted in favor thereof)                a forthcoming corrections bill. Mr.          the preservation and restoration of historic
the rules were suspended and the bill,               Speaker, H.R. 4018 fulfills that obliga-     buildings and structures on the campus of
as amended, was passed.                              tion. I understand that the minority is      these institutions.
   A motion to reconsider was laid on                in agreement with the technical cor-            (b) GRANT CONDITIONS.—Grants made under
the table.                                           rections to law set forth in this bill, as   subsection (a) shall be subject to the condi-
                                                                                                  tions that the grantee covenants, for the pe-
                                                     is the administration. I urge my col-        riod of time specified by the Secretary that—
TECHNICAL CORRECTIONS TO FED-                        leagues to pass the bill.                       (1) no alteration will be made in the prop-
  ERAL OIL AND GAS ROYALTY                             Mr. Speaker, I reserve the balance of      erty with respect to which the grant is made
  MANAGEMENT ACT OF 1982                             my time.                                     without the concurrence of the Secretary;
                                                       Mr. ABERCROMBIE. Mr. Speaker, I            and
  Mr. DOOLITTLE. Mr. Speaker, I                                                                      (2) reasonable public access to the property
move to suspend the rules and pass the               yield myself such time as I may              with respect to which the grant is made will
bill (H.R. 4018) to make technical cor-              consume.                                     be permitted by the grantee for interpretive
rections in the Federal Oil and Gas                    Mr. Speaker, as the gentleman from         and educational purposes.
Royalty Management Act of 1982.                      California [Mr. DOOLITTLE] indicated,           (c) MATCHING REQUIREMENT FOR BUILDINGS
                                                     the administration is in favor of this       AND STRUCTURES LISTED ON THE NATIONAL
  The Clerk read as follows:
                                                                                                  REGISTER OF HISTORIC PLACES.—(1) Except as
                    H.R. 4018                        bill before us on the basis of the tech-     provided by paragraph (2), the Secretary may
  Be it enacted by the Senate and House of Rep-      nical corrections that are contained in      obligate funds made available under this sec-
resentatives of the United States of America in      it. I have a copy of the statement of        tion for a grant with respect to a building or
Congress assembled,                                  the administration policy on that.           structure listed on, or eligible for listing on,
SECTION 1. TECHNICAL CORRECTIONS.                      Mr. Speaker, as previously indicated,      the National Register of Historic Places only
   The Federal Oil and Gas Royalty Manage-           these are technical amendments to cor-       if the grantee agrees to match from funds de-
ment Act of 1982 is amended as follows:              rect inadvertent errors in the royalty       rived from non-Federal sources, the amount
   (1) In section 3(25)(B) strike the word ‘‘pro-                                                 of the grant with an amount that is equal or
vision’’ and insert in lieu thereof the word         fairness bill that was enacted prior to      greater than the grant.
‘‘provisions’’.                                      the August recess. The bill was signed          (2) The Secretary may waive paragraph (1)
   (2) In the second sentence of section 115(l)      by President Clinton at a ceremony in        with respect to a grant if the Secretary de-
insert the word ‘‘so’’ before the word ‘‘dem-        Wyoming.                                     termines from circumstances that an ex-
onstrate’’.                                            I want to make clear for other Mem-        treme emergency exists or that such a waiv-
   (3) In the first sentence of section 111(i) in-                                                er is in the public interest to assure the pres-
                                                     bers who may not be entirely familiar
sert the word ‘‘not’’ after the word ‘‘shall’’.                                                   ervation of historically significant re-
   (4) In the first sentence of section 111(j)       with the legislation that the technical      sources.
strike the word ‘‘rate’’ and insert in lieu          amendments clarify the requirements             (d) FUNDING PROVISION.—Pursuant to sec-
thereof the word ‘‘date’’.                           and the provisions for Government            tion 108 of the National Historic Preserva-
   (5) In the third and fourth sentences of sec-     paying interest on overpayments as           tion Act, $29,000,000 shall be made available
tion 111(j) strike the word ‘‘owned’’ and in-        well as addressing some typographical        to carry out the purposes of this section. Of
sert in lieu thereof the word ‘‘owed’’.              errors.                                      amounts made available pursuant to this
   (6) In the third sentence of section 111(k)(4)                                                 section, $5,000,000 shall be available for
strike the word ‘‘dues’’ and insert in lieu                                                       grants to Fisk University, $2,500,000 shall be
thereof the word ‘‘due’’.                                                1445                     available for grants to Knoxville College,
   (7) In section 117(b)(1)(C) strike the word                                                    $2,000,000 shall be available for grants to
                                                       Mr. Speaker, I yield back the balance      Miles College, Alabama, $1,500,000 shall be
‘‘it’’ and insert in lieu thereof the word
‘‘its’’.                                             of my time.                                  available for grants to Talladega College,
  The SPEAKER pro tempore. Pursu-                      Mr. DOOLITTLE. Mr. Speaker, I urge         Alabama, $1,550,000 shall be available for
ant to the rule, the gentleman from                  passage of the bill, and I yield back the    grants to Selma University, Alabama,
                                                     balance of my time.                          $250,000 shall be available for grants to
California [Mr. DOOLITTLE] and the                                                                Stillman College, Alabama, $200,000 shall be
gentleman from Hawaii [Mr. ABER-                       The SPEAKER pro tempore (Mr.
                                                                                                  available for grants to Concordia College,
CROMBIE] each will control 20 minutes.               WICKER). The question is on the motion
                                                                                                  Alabama $2,900,000 shall be available for
  The Chair recognizes the gentleman                 offered by the gentleman from Califor-       grants to Allen University, South Carolina,
from California [Mr. DOOLITTLE].                     nia [Mr. DOOLITTLE] that the House           $1,000,000 shall be available for grants to
  (Mr. DOOLITTLE asked and was                       suspend the rules and pass the bill,         Claflin College, South Carolina, $2,000,000
given permission to revise and extend                H.R. 4018.                                   shall be available for grants to Voorhees Col-
his remarks.)                                          The question was taken; and (two-          lege, South Carolina, $1,000,000 shall be avail-
                                                     thirds having voted in favor thereof)        able for grants to Rust College, Mississippi,
  Mr. DOOLITTLE. Mr. Speaker, I
                                                     the rules were suspended and the bill        and $3,000,000 shall be available for grants to
yield myself such time as I may                                                                   Tougaloo University, Mississippi.
consume.                                             was passed.                                     (e) REGULATIONS.—The Secretary shall de-
  Mr. Speaker, I rise in support of H.R.               A motion to reconsider was laid on         velop such guidelines as may be necessary to
4018, a bill making technical correc-                the table.                                   carry out this section.
September 4, 1996                         CONGRESSIONAL RECORD — HOUSE                                                       H9973
   (f) DEFINITIONS.—For the purposes of this     threatened, and a significant effort is      vanquishing these needs can strength-
section:                                         needed to preserve and protect them.         en our schools. I appreciate how restor-
   (1) HISTORICALLY BLACK COLLEGES.—The
                                                 The Department of the Interior, in co-       ing a school’s vigor can revitalize the
term ‘‘historically black colleges and univer-
sities’’ has the same meaning given the term     operation with the United Negro Col-         students, the faculty, the collective
‘‘part B institution’’ by section 322 of the     lege Fund has launched a project to          whole of the academic community.
Higher Education Act of 1965 (20 U.S.C. 1061).   preserve these structures. H.R. 1179           Damage to our Nation’s educational
   (2) HISTORIC BUILDING AND STRUCTURES.—        provides the necessary legislative au-       facilities should no more be tolerated
The term ‘‘historic building and structures’’    thorization to carry out these impor-        than damage to our students who learn
means a building or structure listed on, or      tant projects.                               there. Did my colleagues ever live in a
eligible for listing on, the National Register                                                dorm room where moisture seeped
                                                   The Committee on Resources has
of Historic Places or designated a National                                                   through walls and ceiling? Did my col-
Historic Landmark.                               held hearings in each of the last two
                                                 Congresses on this legislative proposal.     leagues ever attempt to learn a lesson
  The SPEAKER pro tempore. Pursu-                                                             in a classroom with faulty wiring,
                                                 Each time we have heard moving testi-
ant to the rule, the gentleman from                                                           where sufficient lighting cannot be
                                                 mony on the historic importance of
California [Mr. DOOLITTLE] and the                                                            guaranteed?
                                                 many of these structures in furthering
gentleman from Hawaii [Mr. ABER-                                                                Educators and students continually
                                                 educational opportunities. Several of
CROMBIE] each will control 20 minutes.                                                        endure these conditions all around the
  The Chair recognizes the gentleman             these historic buildings were con-
                                                 structed by the students themselves.         country. Mostly, they deal with these
from California [Mr. DOOLITTLE].                                                              crises on their own. But with limited
  Mr. DOOLITTLE. Mr. Speaker, I                    H.R. 1179 differs slightly from what
                                                 we passed in the 103d Congress with          resources, most institutions cannot
yield myself such time as I may                                                               hope to meet every demand.
consume.                                         several changes made to the bill during
                                                 committee consideration. However, as           Some of my colleagues may wonder
  (Mr. DOOLITTLE asked and was                                                                why H.R. 1179 limits its scope to his-
given permission to revise and extend            indicated by the gentleman from Cali-
                                                 fornia [Mr. DOOLITTLE], Members on           torically black colleges and univer-
his remarks.)                                                                                 sities.
  Mr. DOOLITTLE. Mr. Speaker, I rise             both sides have worked to maintain
                                                                                                As my colleagues know, our histori-
in support of H.R. 1179, a bill authored         broad bipartisan support for the legis-
                                                                                              cally black colleges and universities
by Mr. CLEMENT to authorize appro-               lation, and I think and I trust that all
                                                                                              have had a unique role in educating Af-
priations for preservation of significant        parties can be satisfied with the final
                                                                                              rican-Americans. Racism in the mid-
historic buildings on the campuses of            product, and I urge approval of the bill
                                                                                              19th and early 20th centuries barred Af-
black colleges and universities.                 at this time.                                rican-Americans from most higher edu-
  This authorization provides statu-               Mr. Speaker, I yield such time as he
                                                                                              cation opportunities.
tory authorization of an initiative              may consume to the gentleman from              As a result, many colleges and uni-
begun during the Bush administration             Tennessee [Mr. CLEMENT].                     versities devoted to educating African-
by former Secretary of the Interior                Mr. CLEMENT. Mr. Speaker, I thank          Americans were established, predomi-
Manuel Lujan under which funding is              our fine gentleman from Hawaii [Mr.          nantly in the South. Notwithstanding
provided from the historic preservation          ABERCROMBIE], who does such a won-           the creation of land-grant colleges
fund to preserve important historic              derful job for all of us representing this   under the 1890 Second Morrill Act,
buildings on the campuses of histori-            country and his State and district for       State and Federal Governments did not
cally black colleges and universities.           yielding.                                    allocate sufficient land and financial
This program has been supported by                 Mr. ABERCROMBIE. Mr. Speaker, if           resources to support these institutions.
Congress over the last few years                 the gentleman will yield, I did say that       Therefore, many of the schools came
through the appropriation process,               the gentleman from Tennessee [Mr.            to rely on the generous support of pri-
where several million dollars has been           CLEMENT] could have such time as he          vate benefactors and charitable organi-
provided annually.                               wanted to consume; if he wants to pur-       zations. Many also came to rely on the
  Mr. Speaker, there are now over                sue that particular line, he is allowed      sweat and tears of their own facility
800,000 buildings, sites, and objects on         to do that.                                  and students.
the National Register of Historic                  Mr. CLEMENT. Mr. Speaker, I rise             That is why H.R. 1179 is so necessary.
Places. Each year Congress appro-                today in support of H.R. 1179. This leg-     We owe it to our historic institutions
priates $30–$40 million for historic pres-       islation authorizes appropriations for       to provide a helping hand for their
ervation purposes; yet, unbelievably,            the preservation and restoration of his-     celebrated landmarks. We owe it to our
virtually none of this money goes to fix         toric buildings of our Nation’s histori-     students to help provide them with
up the many historically significant             cally black colleges and universities.       conditions most conducive to learning.
buildings around the country. Instead,             I wish to thank the Committee on           We owe it to our country to ensure
these Federal funds go almost exclu-             Resources chairman, the gentleman            that we do not fail our children.
sively to studies, planning, and permit-         from Alaska [Mr. YOUNG], and ranking           Mr. Speaker, when one walks on a
ting. With this legislation, we are say-         member, the gentleman from Califor-          college or university campus and it is
ing that some Federal funds will be di-          nia [Mr. MILLER], for facilitating this      run down, it is not up to par, they
rected to the bricks and mortar work             bill’s arrival onto the House floor. In      know that is a reflection on the insti-
of actually fixing up important historic         addition, I wish to thank my good            tution. It keeps them from increasing
buildings.                                       friend and colleague, the honorable          the enrollment, and it also keeps a lot
  I commend the bill’s authors, Mr.              gentleman from Tennessee [Mr. DUN-           of people from contributing to those
CLEMENT and Mr. DUNCAN for bringing              CAN] for his dedicated assistance in         universities. But if one walks on a col-
this important bill forward, and urge            moving this legislation forward every        lege campus, and it is an uplifting feel-
all my colleagues to support it.                 step of the way.                             ing to see that that physical, the phys-
  Mr. Speaker, I reserve the balance of            In March 1995, I introduced H.R. 1179      ical structure, is in good shape and
my time.                                         with broad bipartisan support. It is a       good condition, that is what we are
  Mr. ABERCROMBIE. Mr. Speaker,                  modest bill designed to help our his-        trying to do. It will help raise private
H.R. 1179, as introduced by the gen-             torically black colleges and univer-         dollars where it will be a public/private
tleman from Tennessee [Mr. CLEMENT],             sities repair and preserve the history       venture for the future to help educate
authorizes appropriations for the pres-          represented by the buildings on their        our people.
ervation and restoration of historic             campuses.                                      If we want to solve these problems in
buildings at historically black colleges           We have taken a fiscally responsible       this country, I do not know of a better,
and universities [HBCU’s]. This is a             approach in this measure, significantly      easier way than to invest in education.
worthy endeavor. Many of us supported            cutting back on our original monetary        If we do that, we can solve many of
similar legislation in the 103d Con-             request to $29 million today.                these problems that exist today and
gress.                                             As a former college president, I have      build and keep a strong middle class,
  Many of the historic structures lo-            a somewhat unique perspective on the         which has been the backbone of the
cated on historically black colleges are         needs of our schools. I understand how       United States of America.
H9974                                  CONGRESSIONAL RECORD — HOUSE                                                   September 4, 1996
  Mr. ABERCROMBIE. Mr. Speaker, I              Most of our Federal money, Mr.                    ‘‘(3) $18,000,000 for fiscal year 1999.’’.
do not believe that there are any fur-       Speaker, goes to our largest univer-              SEC. 4. MANAGEMENT, RECOVERY, AND PRESER-
                                                                                                          VATION PLAN FOR U.S.S. MONITOR.
ther statements from this side, so I         sities, most often State universities.
                                                                                                 The Secretary of Commerce shall, within
will reserve the balance of my time at       The colleges that are helped by this              12 months after the date of the enactment of
this time in case a Member comes.            bill are usually, for the most part, very         this Act, prepare and submit to the Commit-
  Mr. DOOLITTLE. Mr. Speaker, I              small colleges, but not everyone in this          tee on Resources of the House of Representa-
yield such time as he may consume to         country, not every student, belongs in            tives and the Committee on Commerce,
the gentleman from Tennessee [Mr.            a gigantic State university. Some stu-            Science, and Transportation of the Senate a
DUNCAN], a cosponsor of the bill.            dents, many students, need the envi-              long-range, comprehensive plan for the man-
  Mr. DUNCAN. Mr. Speaker, I thank                                                             agement, stabilization, preservation, and re-
                                             ronment that a small college offers               covery of artifacts and materials of the Unit-
the gentleman from California [Mr.           them, and I think this is very good leg-          ed States Ship Monitor. In preparing and im-
DOOLITTLE] for yielding this time to         islation.                                         plementing the plan, the Secretary shall to
me, and I rise in support of H.R. 1179,        Mr. Speaker, I urge support for this            the extent feasible utilize the resources of
which was introduced originally by my        legislation, and I urge my colleagues to          other Federal and private entities with ex-
colleague, the gentleman from Ten-           support this legislation, and I urge              pertise and capabilities that are helpful.
nessee [Mr. CLEMENT], and I certainly        that it be passed.                                SEC. 5. PUBLICATION OF NOTICE OF CERTAIN
commend him for his work on this                                                                          ADVISORY COUNCIL MEETINGS.
                                               Mr. DOOLITTLE. Mr. Speaker, I re-                 Section 315(e)(3) (16 U.S.C. 1445a(e)(3)) is
project. The chairman and ranking            serve the balance of my time.                     amended by inserting before the period at
member of the committee have been              Mr. ABERCROMBIE. Mr. Speaker, I                 the end the following: ‘‘, except that in the
recognized, and I appreciate their sup-      have no further requests for time, al-            case of a meeting of an Advisory Council es-
port, but I also appreciate the support      though I imagine, because of today’s              tablished to provide assistance regarding any
of the gentleman from Utah [Mr. HAN-         schedule, some who might have wanted              individual national marine sanctuary the no-
SEN], chairman of the Subcommittee                                                             tice is not required to be published in the
                                             to speak were not able to be here, and            Federal Register’’.
on National Parks, Forests and Lands,        I presume their statements will be
who was also instrumental in this bill.                                                        SEC. 6. ENHANCING SUPPORT FOR NATIONAL MA-
                                             made at another point in the RECORD.                          RINE SANCTUARIES.
  I am proud to be an original cospon-
                                               Mr. Speaker, I yield back the balance             (a) INCORPORATION       OF EXISTING PROVI-
sor of this bill, and I am proud of the                                                        SION.—Section 316 (16    U.S.C. 1445 note) is re-
                                             of my time on this bill.
work that we have done on it in the                                                            designated as section 317, section 2204 of the
                                               Mr. DOOLITTLE. Mr. Speaker, I urge
Committee on Resources. I supported                                                            National      Marine     Sanctuaries    Program
this legislation because it benefits one     passage of the bill, and I yield back the
                                                                                               Amendments Act of 1992 (106 Stat. 5049) is
of this Nation’s most important re-          balance of my time.                               moved so as to appear in the National Ma-
sources, our historically black colleges       The SPEAKER pro tempore. The                    rine Sanctuaries Act following section 315,
and universities.                            question is on the motion offered by              and that moved section is designated as sec-
  H.R. 1179 will provide matching            the gentleman from California [Mr.                tion 316 of the National Marine Sanctuaries
                                             DOOLITTLE] that the House suspend the             Act.
grants for restoration and preservation                                                          (b) AMENDMENT OF INCORPORATED SEC-
of historic buildings on campuses of         rules and pass the bill, H.R. 1179, as
                                                                                               TION.—Section 316, as moved and designated
historically black colleges and univer-      amended.                                          by subsection (a) of this section, is amended
sities.                                        The question was taken; and (two-               as follows:
  During the 103d Congress almost            thirds having voted in favor thereof)               (1) Subsections (a), (g), and (h) are struck,
identical legislation passed the House       the rules were suspended and the bill,            and subsections (b), (c), (d), (e), and (f) are
by a voice vote. Unfortunately, the bill     as amended, was passed.                           redesignated as subsections (a), (b), (c), (d),
                                               A motion to reconsider was laid on              and (e), respectively.
did not make it to the President before                                                          (2) In subsection (a), as so redesignated,
the 103d Congress adjourned.                 the table.
                                                                                               the matter preceding paragraph (1) is struck
  The major difference in this bill and                                                        and the following is inserted:
the one passed in the 103d Congress is                                                           ‘‘(a) AUTHORITY.—The Secretary may es-
the cost. Mr. Speaker, we have reduced                             1500                        tablish a program consisting of—’’.
the cost of this legislation by $35 mil-      NATIONAL MARINE SANCTUARIES                        (3) In subsection (a)(5), as so redesignated—
lion over the legislation passed in the               PRESERVATION ACT                           (A) ‘‘establishment’’ is struck and ‘‘solici-
last Congress.                                                                                 tation’’ is inserted; and
                                               Mr. SAXTON. Mr. Speaker, I move to                (B) ‘‘fees’’ is struck and ‘‘monetary or in-
  My family and I have been especially       suspend the rules and pass the bill               kind contributions’’ is inserted.
close to one historical black college        (H.R. 3487) to reauthorize the National             (4) In subsection (a)(6), as so redesignated—
which is specifically mentioned in this                                                          (A) ‘‘fees’’ is struck and ‘‘monetary or in-
                                             Marine Sanctuaries Act, and for other
bill, Knoxville College. My father was a                                                       kind contributions’’ is inserted;
                                             purposes, as amended.
member of the Knoxville College board                                                            (B) ‘‘paragraph (5)’’ is struck and ‘‘para-
                                               The Clerk read as follows:
of trustees for many years, as was my                                                          graphs (5) and (6)’’ is inserted;
                                                                 H.R. 3487                       (C) ‘‘assessed’’ is struck and ‘‘collected’’ is
mother. Knoxville College, along with
other historical black colleges and            Be it enacted by the Senate and House of Rep-   inserted; and
                                             resentatives of the United States of America in     (D) ‘‘in an interest-bearing revolving fund’’
black universities, has produced some
                                             Congress assembled,                               is struck.
of the best leaders, some of the finest                                                          (5) In subsection (a)(7), as so redesignated—
                                             SECTION 1. SHORT TITLE.
leaders, we have in this Nation today.                                                           (A) ‘‘and use’’ is inserted after ‘‘expendi-
                                              This Act may be cited as the ‘‘National
In fact, some of our past and present        Marine Sanctuaries Preservation Act’’.            ture’’;
colleagues in the House have attended                                                            (B) ‘‘fees’’ is struck and ‘‘monetary and in-
                                             SEC.   2.   AMENDMENT OF NATIONAL      MARINE
and graduated from historically black                      SANCTUARIES ACT.                    kind contributions’’ is inserted; and
colleges and universities.                                                                       (C) ‘‘and any interest in the fund estab-
                                               Except as otherwise expressly provided,
  Mr. Speaker, if we want to ensure                                                            lished under paragraph (6)’’ is struck.
                                             whenever in this Act an amendment or re-
that minority individuals are trained                                                            (6) In subsection (a), as so redesignated,
                                             peal is expressed in terms of an amendment
                                                                                               paragraphs (5), (6), and (7) are redesignated
and educated to make the maximum             to, or repeal of, a section or other provision,
                                                                                               in order as paragraphs (6), (7), and (8), and
contribution to American society, it is      the reference shall be considered to be made
                                                                                               the following new paragraph is inserted after
in our self-interest to invest in institu-   to a section or other provision of National
                                                                                               paragraph (4):
tions which prepare them for tomor-          Marine Sanctuaries Act (16 U.S.C. 1431–
                                                                                                 ‘‘(5) the creation, marketing, and selling of
                                             1445a).
row’s technological, educational, and                                                          products to promote the national marine
                                             SEC. 3. REAUTHORIZATION OF THE NATIONAL
commercial challenges.                                  MARINE SANCTUARIES ACT.
                                                                                               sanctuary program, and entering into exclu-
  This Nation needs black colleges and                                                         sive or nonexclusive agreements authorizing
                                               Section 313 (16 U.S.C. 1444) is amended to      entities to create, market or sell on the Sec-
universities because they have pro-          read as follows:
duced and do produce some of the best                                                          retary’s behalf;’’.
                                             ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.        (7) The following new sentence is added at
and brightest in every field of endeav-        ‘‘There are authorized to be appropriated       the end of subsection (a), as so redesignated:
or. The investment called for in this        to the Secretary to carry out this title—         ‘‘Monetary and in-kind contributions raised
bill is a very modest one, but a very          ‘‘(1) $12,000,000 for fiscal year 1997;         through the sale, marketing, or use of sym-
wise one.                                      ‘‘(2) $15,000,000 for fiscal year 1998; and     bols and products related to an individual
September 4, 1996                            CONGRESSIONAL RECORD — HOUSE                                                                  H9975
national marine sanctuary shall be used to            ‘‘(ii) subsection (b)(2) shall not apply dur-   precisely the geographic boundaries of
support that sanctuary.’’.                          ing the 3-year period beginning on the date       Stetson Bank. The adjustments shall not sig-
   (8) In subsection (e), as so redesignated—       of that certification.                            nificantly enlarge or otherwise alter the size
   (A) paragraph (2) is struck;                       ‘‘(B) If the Secretary considers that an ac-    of the area described in paragraph (1), and
   (B) in paragraph (1), ‘‘(1)’’ is struck, and     tion under subparagraph (A) regarding a           shall not result in the restriction of oil and
subparagraphs (A), (B), (C), and (D) are redes-     term of the inclusion of the Kahoolawe Is-        gas activities otherwise permitted outside of
ignated as paragraphs (1), (2), (3), and (4); and   land waters will affect the inclusion or the      the ‘‘no activity’’ zone designated for
   (C) in paragraph (3), as so redesignated,        administration of the Kahoolawe Island wa-        Stetson Bank as that zone is depicted on the
‘‘fee’’ is struck and ‘‘monetary or in-kind         ters as part of the Sanctuary in such a man-      Minerals Management Service map entitled
contribution’’ is inserted.                         ner that the policy or purposes of this title     ‘‘Final Notice of Sale 161, Western Gulf Mex-
   (9) In each of subsections (b), (c), and (d),    cannot be fulfilled, the Secretary may termi-     ico, Biological Stipulation Map Package’’.
as so redesignated, by striking ‘‘subsection        nate that inclusion.’’.                             (e) PUBLICATION OF NOTICE.—
(b)’’ and inserting ‘‘subsection (a)’’.               (b) LIMITATION ON USER FEES.—The Hawai-           (1) IN GENERAL.—The Secretary of Com-
SEC. 7. HAWAIIAN ISLANDS NATIONAL MARINE            ian Islands National Marine Sanctuary Act         merce shall, as soon as practicable after the
           SANCTUARY.                               (16 U.S.C. 1433 note) is further amended by       date of the enactment of this Act, publish in
  (a) INCLUSION OF     KAHOOLAWE ISLAND WA-         redesignating section 2307 as section 2308,       the Federal Register a notice describing—
TERS.—Section 2305     of the Hawaiian Islands      and by inserting after section 2306 the fol-        (A) the boundaries of the Flower Garden
National Marine Sanctuary Act (16 U.S.C.            lowing new section:                               Banks National Marine Sanctuary, as modi-
1433 note) is amended—                              ‘‘SEC. 2307. LIMITATION ON USER FEES.             fied by this section, and
  (1) in subsection (a)—                              ‘‘(a) LIMITATION.—The Secretary shall not         (B) any modification of regulations appli-
  (A) by striking ‘‘(A)’’ and inserting ‘‘(a)’’;    institute any user fee under this Act or the      cable to that Sanctuary that are necessary
and                                                 National Marine Sanctuaries Act for any ac-       to implement that modification of the
  (B) by striking ‘‘the area described in sub-      tivity within the Hawaiian Islands National       boundaries of the Sanctuary.
section (b) is’’ and inserting ‘‘the area de-       Marine Sanctuary or any use of the Sanc-            (2) TREATMENT AS NOTICE REQUIRED UNDER
scribed in subsection (b)(1) and any area in-       tuary or its resources.                           NATIONAL MARINE SANCTUARIES ACT.—A no-
cluded under subsection (b)(2) are’’;                 ‘‘(b) USER FEE DEFINED.—In this section,        tice published under paragraph (1) shall be
  (2) by amending subsection (b)(2) to read as      the term ‘user fee’ does not include—             considered to be the notice required to be
follows:                                              ‘‘(1) any fee authorized by section 310 of      published under section 304(b)(1) of the Na-
  ‘‘(2)(A) Within 6 months after the date of        the National Marine Sanctuaries Act;              tional Marine Sanctuaries Act (16 U.S.C.
receipt of a request in writing from the              ‘‘(2) any gift or donation received under       1434(b)(1)).
Kahoolawe Island Reserve Commission for             section 311 of that Act; and                        (f) AUTHORIZATION OF APPROPRIATIONS.—
inclusion within the Sanctuary of the area of                                                         Amounts may be appropriated to carry out
                                                      ‘‘(3) any monetary or in-kind contributions
the marine environment within 3 nautical                                                              this section under the authority provided in
                                                    under section 316 of that Act.’’.
miles of the mean high tide line of                                                                   section 313 of the National Marine Sanc-
                                                    SEC. 8. FLOWER GARDEN BANKS BOUNDARY
Kahoolawe Island (in this section referred to                                                         tuaries Act, as amended by this Act.
                                                              MODIFICATION.
as the ‘Kahoolawe Island waters’), the Sec-                                                           SEC. 9. MISCELLANEOUS TECHNICAL CORREC-
retary shall determine whether those waters           (a) MODIFICATION.—Notwithstanding sec-
                                                                                                                 TIONS.
may be suitable for inclusion in the Sanc-          tion 304 of the National Marine Sanctuaries
                                                                                                        (a) Section 301(b)(2) of the National Marine
tuary.                                              Act (16 U.S.C. 1434), the boundaries of the
                                                                                                      Sanctuaries Act (16 U.S.C. 1431(b)(2)) is
  ‘‘(B) If the Secretary determines under           Flower Garden Banks National Marine Sanc-
                                                                                                      amended by striking the period at the end
subparagraph (A) that the Kahoolawe Island          tuary, as designated by Public Law 102–251,
                                                                                                      and inserting a semicolon.
waters may be suitable for inclusion within         are amended to include the area described in        (b) Section 302 of the National Marine
the Sanctuary—                                      subsection (d), popularly known as Stetson        Sanctuaries Act (16 U.S.C. 1432) is amended—
  ‘‘(i) the Secretary shall provide notice of       Bank. This area shall be part of the Flower         (1) in paragraph (6) by striking ‘‘, and’’ at
that determination to the Governor of Ha-           Garden Banks National Marine Sanctuary            the end of subparagraph (C) and inserting a
waii; and                                           and shall be managed and regulated as             semicolon; and
  ‘‘(ii) the Secretary shall prepare a supple-      though it had been designated by the Sec-           (2) in paragraph (7) by striking ‘‘and’’ after
mental environmental impact statement,              retary of Commerce under the National Ma-         the semicolon at the end.
management plan, and implementing regula-           rine Sanctuaries Act.                               (c) Section 307(e)(1)(A) of the National Ma-
tions for that inclusion in accordance with           (b) DEPICTION OF SANCTUARY BOUNDARIES.—         rine Sanctuaries Act (16 U.S.C. 1437(e)(1)(A))
this Act, the National Marine Sanctuaries           The Secretary of Commerce shall—                  is amended by inserting ‘‘of 1980’’ before the
Act, and the National Environmental Policy            (1) prepare a chart depicting the bound-        period at the end.
Act of 1969.’’; and                                 aries of the Flower Garden Banks National           (d) Section 2109 of the National Marine
  (3) by amending subsection (c) to read as         Marine Sanctuary, as modified by this sec-        Sanctuaries Program Amendments Act of
follows:                                            tion; and                                         1992 (106 Stat. 5045) is amended by striking
  ‘‘(c) EFFECT OF OBJECTION BY GOVERNOR.—             (2) submit copies of this chart to the Com-     the open quotation marks before ‘‘Section
(1)(A) If, within 45 days after the date of issu-   mittee on Resources of the House of Rep-          311’’.
ance of the comprehensive management plan           resentatives and the Committee on Com-              (e) Section 2110(d) of the National Marine
and implementing regulations under section          merce, Science, and Transportation of the         Sanctuaries Program Amendments Act of
2306, the Governor of Hawaii certifies to the       Senate.                                           1992 (106 Stat. 5046) is deemed to have amend-
Secretary that the management plan, the               (c) APPLICATION OF REGULATIONS.—Regula-         ed section 312(b)(1) of the Marine Protection,
implementing regulations, or any term of            tions issued by the Secretary of Commerce         Research, and Sanctuaries Act of 1972 (16
the plan or regulations is unacceptable, the        to implement the designation of the Flower        U.S.C. 1443(b)(1)) by inserting ‘‘or authorize’’
management plan, regulation, or term, re-           Garden Banks National Marine Sanctuary            after ‘‘undertake’’.
spectively, shall not take effect in the area       shall apply to the area described in sub-           (f) The material added to the Marine Pro-
of the Sanctuary lying within the seaward           section (d), unless modified by the Secretary.    tection, Research, and Sanctuaries Act of
boundary of the State of Hawaii.                    This subsection shall take effect 45 days         1972 by section 2112 of the National Marine
  ‘‘(B) If the Secretary considers that an ac-      after the date of enactment of this Act.          Sanctuaries Program Amendments Act of
tion under subparagraph (A) will affect the           (d) AREA DESCRIBED.—                            1992 (106 Stat. 5046)—
Sanctuary in such a manner that the policy            (1) IN GENERAL.—Except as provided in             (1) is deemed to have been added by that
or purposes of this title cannot be fulfilled,      paragraph (2), the area referred to in sub-       section at the end of title III of the Marine
the Secretary may terminate the designa-            sections (a), (b), and (c) is the area that is—   Protection, Research, and Sanctuaries Act of
tion under subsection (a). At least 30 days           (A) generally depicted on the Department        1972; and
before that termination, the Secretary shall        of the Interior, Minerals Management Serv-          (2) shall not be considered to have been
submit written notice of the termination to         ice map titled ‘‘Western Gulf of Mexico,          added by that section to the end of the Ma-
the Committee on Resources of the House of          Lease Sale 143, September 1993, Biologically      rine Protection, Research, and Sanctuaries
Representatives and the Committee on Com-           Sensitive Areas, Map 3 of 3, Final’’;             Act of 1972.
merce, Science, and Transportation of the             (B) labeled ‘‘Stetson’’ on the High Island        (g) Section 2202(e) of the National Marine
Senate.                                             Area South Addition diagram on that map;          Sanctuaries Program Amendments Act of
  ‘‘(2)(A) If, within 45 days after the Sec-        and                                               1992 (16 U.S.C. 1433 note) is amended by strik-
retary issues the documents required under            (C) within the 52 meter isobath.                ing ‘‘section 304(e)’’ and inserting ‘‘304(d)’’.
subsection (b)(2)(B)(ii), the Governor of Ha-         (2) MINOR BOUNDARY ADJUSTMENTS.—The               (h) Section 304(b)(3) of the National Marine
waii certifies to the Secretary that the in-        Secretary of Commerce may make minor ad-          Sanctuaries Act (16 U.S.C. 1434(b)(3)) is
clusion of the Kahoolawe Island waters in           justments to the boundaries of the area de-       amended—
the Sanctuary or any term of that inclusion         scribed in paragraph (1) as necessary to pro-       (1) by striking subparagraphs (B) and (C);
is unacceptable—                                    tect living coral resources or to simplify ad-      (2) by moving the text of subparagraph (A)
  ‘‘(i) the inclusion or the term shall not         ministration of the Flower Garden Banks           so as to begin at the end of the line on ap-
take effect; and                                    National Marine Sanctuary and to establish        pears the heading for paragraph (3);
H9976                                         CONGRESSIONAL RECORD — HOUSE                                             September 4, 1996
  (3) by moving clauses (i) and (ii) of sub-         Secretary issues a draft Environmental Im-       amicable basis, and I believe produced
paragraph (A) 2 ems to the left, so that the         pact Statement, it shall include the Advi-       a product which reflects that kind of
left margins of clauses (i) and (ii) are aligned     sory Committee’s recommendation as an al-        bipartisanship.
with the left margin of paragraph (3);               ternative.                                         We introduced this bill to reauthorize
  (4) by striking ‘‘(A) In’’ and inserting ‘‘In’’;      (d) SUBMISSION OF DOCUMENTS.—In the case
                                                     of a national marine sanctuary in the North-
                                                                                                      the National Marine Sanctuaries Act
  (5) by striking ‘‘(i)’’ and inserting ‘‘(A)’’;
and                                                  west Straits, on the same day the notice re-     through the year 1999.
  (6) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’.    quired by section 304(a)(1)(A) of the National     The National Marine Sanctuaries Act
SEC. 10. NORTHWEST STRAITS.                          Marine Sanctuaries Act is issued, the Sec-       is implemented by the National Oce-
  (a) NORTHWEST STRAITS MARINE RESOURCES             retary of Commerce shall submit the docu-        anic and Atmospheric Administration
PROTECTION ADVISORY COMMITTEE.—(1) There             ments required by section 304(a)(1)(C) of the    through the National Marine Sanc-
shall be established, within 120 days after the      National Marine Sanctuaries Act to the Ad-       tuaries Program. The mission of this
date of enactment of this subsection, the            visory Committee established under sub-          program is to protect significant ma-
Northwest Straits Marine Resources Protec-           section (a) and shall publish notice of that     rine environmental and cultural re-
tion Advisory Committee, consisting of 11            submission in the Federal Register. The Ad-      sources while ensuring the continu-
members appointed by the Secretary of Com-           visory Committee shall then within 60 days
                                                                                                      ation of all compatible public and pri-
merce, at least 8 of whom are appointed in           review those documents and make rec-
                                                     ommendations to the Secretary regarding          vate uses. To accomplish this, the pro-
accordance with paragraph (2) and at least 1                                                          gram oversees a system of specially
of whom is appointed from each of the fol-           designation. Upon receipt of the rec-
                                                     ommendations of the Advisory Committee,          managed marine areas. These areas in-
lowing counties in western Washington: Jef-
ferson, San Juan, Island, Whatcom, Skagit,           the Secretary shall submit the documents         clude highly valuable environmental
Snohomish, and Clallam. This Advisory                required by section 304(a)(1)(A) of the Na-      and historical features.
Committee shall be exempt from the Federal           tional Marine Sanctuaries Act along with           Over the past 21 years 14 national
Advisory Committee Act.                              recommendations of the Advisory Commit-          marine sanctuaries have been des-
  (2) The Secretary of Commerce shall ap-            tee to the Committee on Resources of the         ignated off our Nation’s shore, from
point members of the Advisory Committee              House of Representatives and the Committee       Massachusetts to Florida to the Gulf of
from a list of individuals submitted by each         on Commerce, Science, and Transportation
                                                     of the Senate.
                                                                                                      Mexico and Hawaii. Two more are ac-
county specified in paragraph (1), in accord-                                                         tive candidates for designation, one in
                                                        (e) CONGRESSIONAL AUTHORIZATION OF DES-
ance with the following requirements:                                                                 the Great Lakes and one in the waters
                                                     IGNATION REQUIRE.—No designation of an
  (A) A county may not submit the names of
individuals to the Secretary for appointment
                                                     area in the Northwest Straits as a national      of Washington State.
unless the county has determined that each
                                                     marine sanctuary under the National Marine         H.R. 3487 authorizes funding for the
                                                     Sanctuaries Act shall take effect unless that    National Marine Sanctuaries Program
individual, by reason of his or her occupa-
                                                     designation is specifically authorized by a      through the year 1999; directs the Sec-
tional or other experience, scientific exper-
                                                     law enacted after the date of publication of     retary of Commerce to prepare and
tise, or training, is knowledgeable regarding
                                                     the notice of submission required under sub-     submit to Congress a long-range plan
the conservation and management, or the
                                                     section (d).
commercial or recreational harvest or use, of                                                         for management, recovery, and preser-
                                                        (f) DEFINITIONS.—
the marine resources of the Northwest                                                                 vation of the U.S.S. Monitor; authorizes
                                                        (1) NORTHWEST STRAITS.—In this section
Straits.                                                                                              the Secretary to designate sponsors for
                                                     the term ‘‘Northwest Straits’’ means the
  (B) Each list shall include the names and                                                           the sanctuary program to create, mar-
                                                     area generally described as the Washington
pertinent biographical data of not less than
                                                     State Nearshore area in the notice published     ket, and sell symbols and products to
3 individuals for each applicable vacancy and
                                                     by the Secretary of Commerce in the Federal      promote them; and designates that the
shall be accompanied by a statement by the
                                                     Register on August 4, 1983.                      money collected from those items sold
county explaining how each individual meets
                                                        (2) COUNTY.—In subsection (a)(2), the term    at the sanctuary can be retained and
the requirements under paragraph (1).
                                                     ‘‘county’’ means each local elected legisla-
  (C) The Secretary shall review each list
                                                     tive body that represents a county specified
                                                                                                      used by that sanctuary.
submitted by a county to ascertain if the in-
                                                     in subsection (a)(1).                              This bill also adds Stetson Bank to
dividuals on the list are qualified for the va-                                                       the Flower Garden Banks National Ma-
                                                     SEC. 11. DESIGNATION OF GERRY E. STUDDS
cancy on the basis of the requirements under                    STELLWAGEN BANK NATIONAL MA-          rine Sanctuary in Texas; simplifies the
subparagraph (A). If the Secretary deter-                       RINE SANCTUARY.                       designation process for a minor addi-
mines that no individual on a county’s list is         The Stellwagen Bank National Marine            tion to the Hawaiian Islands Hump-
qualified, the Secretary shall notify the            Sanctuary shall be known and designated as
county in writing of that determination, and                                                          back Whale National Marine Sanctuary
                                                     the ‘‘Gerry E. Studds Stellwagen Bank Na-
provide the county an explanation of that                                                             and prohibits user fees in that sanc-
                                                     tional Marine Sanctuary’’. Any reference in
determination. The county shall then submit          a law, map, regulation, document, paper, or
                                                                                                      tuary; and establishes an advisory
a revised list or resubmit the original list         other record of the United States to that na-    committee, and this was of special im-
with an additional explanation of the quali-         tional marine sanctuary shall be deemed to       port to the gentleman from Washing-
fications of the individuals in question.            be a reference to the ‘‘Gerry E. Studds          ton, Mr. JACK METCALF, establishes an
  (b) ADVISORY COMMITTEE REPORT.—Within              Stellwagen Bank National Marine Sanc-            advisory committee on the Northwest
1 year of the enactment of this Act, the Ad-         tuary’’.                                         Straits Sanctuary proposal, and re-
visory Committee established under sub-
section (a) shall report to the Secretary of
                                                       The SPEAKER pro tempore. Pursu-                quires congressional approval for des-
Commerce on the adequacy of existing ma-             ant to the rule, the gentleman from              ignation of that sanctuary. These are
rine resources protection under local, State,        New Jersey [Mr. SAXTON] and the gen-             small changes that will allow the sys-
and Federal laws in the Northwest Straits.           tleman from California [Mr. FARR]                tem to operate more effectively and ef-
This report shall recommend whether a spe-           each will control 20 minutes.                    ficiently and to be more responsive to
cial resources management area is necessary            The Chair recognizes the gentleman             the public’s concerns.
to protect the marine resources of the North-        from New Jersey [Mr. SAXTON].                      Finally, of special interest to me and
west Straits. If the Advisory Committee rec-           (Mr. SAXTON asked and was given                to other members of the committee,
ommends that a special resources manage-             permission to revise and extend his re-          H.R. 3487 renames the Stellwagon Bank
ment area is necessary, then the report shall
                                                     marks.)                                          National Marine Sanctuary in honor of
specify whether that area should constitute
                                                       Mr. SAXTON. Mr. Speaker, I yield               our colleague, the gentleman from
a non-Federal management area, a national
marine sanctuary, or some other form. The            myself such time as I may consume.               Massachusetts, GERRY STUDDS.
Secretary shall make available to the Advi-            Mr. Speaker, today we are consider-              As many of my colleagues know, the
sory Committee any staff, information, ad-           ing H.R. 3487, which was introduced on           gentleman from Massachusetts [Mr.
ministrative services, or other assistance           May 16 by the gentleman from Califor-            STUDDS] has been a Member of the Con-
reasonably required to carry out its func-           nia [Mr. FARR] and by me. I might say            gress for 24 years and has announced
tions.                                               at this point, Mr. Speaker, that so              his retirement. The gentleman from
  (c) SUBMISSION OF NORTHWEST STRAITS                often partisanship seems to be the by-           Massachusetts [Mr. STUDDS] replaced
DRAFT ENVIRONMENTAL IMPACT STATEMENT.—               word around these chambers. In this              Walter Jones in 21⁄2, actually almost 4
The Secretary of Commerce shall not issue a
                                                     case, partisanship, as far as I can deter-       years now as chairman of the Commit-
draft Environmental Impact Statement
under the National Environmental Policy              mine, played no part whatsoever. The             tee on Merchant Marine and Fisheries,
Act of 1969 on a national marine sanctuary in        gentleman from California [Mr. FARR],            and acted at that time as well as chair-
the Northwest Straits until receipt of the re-       and I and others worked together as              man of the Fish and Wildlife Sub-
port required under subsection (b). If the           Republicans and Democrats on a very              committee, and became the ranking
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                     H9977
member of the Subcommittee on Fish-         tralia’s Great Barrier Reef in size. It       I say ‘‘opportunity,’’ because it was
eries, Wildlife and Oceans in this term     encompasses more than 4,000 square          there that I, I am sure, had an experi-
under the auspices of the current com-      nautical miles of open ocean along 350      ence that has been shared with many,
mittee setup.                               miles of shoreline.                         many other Members of the House of
   I would just like to say also, Mr.         However, the marine sanctuaries are       Representatives, the chance to listen
Speaker, that were it not for the gen-      not just about conserving resources.        to and to observe and to absorb the
tleman from Massachusetts, GERRY            They are also about protecting coastal      perspective and analysis of ocean pol-
STUDDS, and his ideas and his enthu-        economies. The Monterey Bay Sanc-           icy that was the forte of the gentleman
siasm and the effort that he has put        tuary is key to my district’s $1 billion    from Massachusetts [Mr. STUDDS].
into his committee work, many of the        tourism industry. Indeed, one of this       There are few people in this body, per-
programs and projects that we have          Nation’s premiere tourist attractions,      haps in the history of this body, better
worked on on a bipartisan basis simply      the Monterey Bay Aquarium, is a             able to articulate their thoughts, par-
would not be. So it is because he was       thriving business that depends upon         ticularly with respect to ocean policy,
instrumental in getting Stellwagon          the extraordinary marine life of the        environmental policy.
designated as a sanctuary, and by nam-      Monterey Bay Sanctuary. It is also the        I think Mr. STUDDS is universally re-
ing it in his honor we recognize his        nerve center of the world’s largest con-    spected for his intellect and for the
outstanding leadership in marine pro-       centration of ocean scientists, working     depth of his perspective on these is-
tection efforts during the past two dec-    in 12 diverse marine research facilities.   sues. As the gentleman from California
ades plus of years of service in the        Finally, the sanctuary supports a pros-     [Mr. FARR] and the gentleman from
House.                                      perous fishing industry.                    New Jersey [Mr. SAXTON] have indi-
   We also reauthorize the National Ma-       All of this comes at a very modest        cated, I doubt whether there is anyone
rine Sanctuaries Act this year, and by      cost. It is truly a bargain for our tax-    in this body, including the renowned
doing so we will demonstrate our col-       payers. But, like all Government pro-       gentleman from Massachusetts [Mr.
lective commitment to protecting and        grams, the sanctuaries need to make         FRANK], who has a quicker wit, a
wisely managing our Nation’s marine         the most of their funding. This bill        brighter intelligence, a sense of himself
natural resources. Therefore, I urge a      helps them accomplish that by allow-        entirely self-contained, as opposed to
‘‘yea’’ vote on H.R. 3487.                  ing sanctuaries to develop for the first    perhaps some others in this body,
   Mr. Speaker, I reserve the balance of    time, trademark, and market logos and       someone who understands his role and
my time.                                    other merchandise to help supplement        has illuminated many, many corners
   Mr. FARR of California. I yield my-      their funding.                              which would otherwise remain abstract
self such time as I may consume, Mr.          Finally, Mr. Speaker, I want to rec-      and obscure to the rest of us.
Speaker.                                    ognize what was pointed out by the            It is always a lesson in oratory, I
   (Mr. FARR of California asked and        chairman, the gentleman from New            think, as well as perspective, to be able
was given permission to revise and ex-      Jersey [Mr. SAXTON], the work of our        to listen to Mr. STUDDS outline for
tend his remarks.)                          colleague, the gentleman from Massa-        those of us who may not be entirely fa-
   Mr. FARR of California. Mr. Speaker,     chusetts, GERRY STUDDS. Without a           miliar with the legislation at hand,
I rise in strong support of H.R. 3487. I    doubt, he is one of the most outstand-      particularly in regard to the ocean,
want to thank the chairman, the gen-        ing Members of this House. He has           ocean policy, and fisheries, to be able
tleman from New Jersey [Mr. SAXTON],        built the basis for American ocean pol-     to listen to him enumerate and eluci-
for the great bipartisan cooperation in     icy as chairman of the former Mer-          date for us on those areas, and come to
which we have come to work together         chant Marine and Fisheries Commit-          not only a good understanding but
to produce this piece of legislation.       tee.                                        solid commitment. I think that is why,
                                              This bill recognize that contribution
This bill continues our subcommittee’s                                                  as has been indicated, bipartisan sup-
                                            by renaming the Stellwagon Bank Na-
success under his leadership in crafting                                                port for so much in the way of ocean
                                            tional Marine Sanctuary in his honor.
a sound, bipartisan ocean policy.                                                       policy has been forthcoming, is because
                                            It will now be known as the Gerry E.
   When we first introduced this legisla-                                               GERRY STUDDS has been able to articu-
                                            Studds Stellwagon Bank National Ma-
tion, we had over 20 other original                                                     late for all Members of the body not
                                            rine Sanctuary. We will miss his
sponsors, equally divided between both                                                  entirely familiar with the legislation
                                            knowledge and wit, but we will forever
sides of the aisle. We have worked hard                                                 exactly what it was about, exactly
                                            remember his name and contribution
in the spirit of close cooperation to re-                                               what the implications were, exactly
                                            to our committee and to this country.
solve the problems we have faced in           Mr. Speaker, I yield such time as he      what was in the national interest, and
moving the bill through the sub-            may consume to my colleague, the gen-       therefore was able to gain the approba-
committee and the full committee.           tleman from Hawaii [Mr. ABERCROM-           tion and good will of virtually every
While it is a modest bill, this legisla-    BIE].                                       Member of the body for legislation that
tion will help the National Marine            Mr. ABERCROMBIE. Mr. Speaker, I           would otherwise be very difficult to
Sanctuary Program to continue as one        thank the gentleman for yielding time       comprehend.
of the most effective and most cost-ef-     to me.                                        I really wish him the very best in
ficient resource conservation efforts in      Mr. Speaker, before I begin my re-        whatever it is that he will be doing,
America.                                    marks on the particular section of the      but I can say with assurance, Mr.
   America’s 13 marine sanctuaries are      bill that applies to Hawaii, I, too,        Speaker, that this body will be the
the national parks of our oceans. They      would like to add my voice to the acco-     poorer for him taking leave of it.
celebrate and preserve some of the Na-      lades that have been extended to the          Mr. Speaker, I rise today, then, to
tion’s most significant ocean resources.    gentleman from Massachusetts [Mr.           voice my support for H.R. 3487, the
Like our landbound national parks, our      STUDDS].                                    aforementioned National Marine Sanc-
marine sanctuaries focus our attention        Mr. Speaker, I first had the oppor-       tuaries Preservation Act. I, too, wish
on how important sound environmental        tunity to listen, not to hear but to lis-   to thank the gentleman from New Jer-
stewardship is to our quality of life and   ten to the gentleman from Massachu-         sey [Mr. SAXTON] and others on the
to the quality of economies in our local    setts [Mr. STUDDS], in 1986 when I had      committee, both Republican and Dem-
communities.                                the good fortune to be elected in a spe-    ocrat, who have worked so hard in this
   In my own district, the Monterey         cial election to take up the remaining      reauthorization. This bipartisan piece
Bay National Marine Sanctuary plays         time of a Member of this body that had      of legislation was introduced by the
a central part in the recreational and      resigned to run for another office. In      gentleman from New Jersey [Mr.
economic lives of my constituents. The      the brief time that I was here in 1986, I   SAXTON] and the gentleman from Cali-
Monterey Bay National Marine Sanc-          had the opportunity to participate in       fornia [Mr. FARR]. I think the descrip-
tuary embraces the entire coast of the      activities of the Merchant Marine and       tion they gave of the process by which
central part of California. It is the       Fisheries Committee, and had the op-        it has arrived here today is an exact
largest protected marine area in the        portunity when I was elected in 1990 to     one. It was a pleasure to work with
United States, second only to Aus-          again join that committee.                  both of them.
H9978                                  CONGRESSIONAL RECORD — HOUSE                                       September 4, 1996
   Hawaii is one of the 14 major areas       tuary, and the National Environmental      SAXTON] and the gentleman from Cali-
where National Marine Sanctuaries, of        Policy Act.                                fornia [Mr. FARR] for their hard work
which the prime objective is to protect        The Kaho’olawe provision puts the        on this bill.
our marine resources, have been des-         management of Kaho’olawe and the             Mr. FARR of California. Mr. Speaker,
ignated and are in various stage of im-      waters surrounding the island into the     I yield such time as he may consume to
plementation. In fact, the final envi-       hands of the Kaho’olawe Island Reserve     the distinguished gentleman from Mas-
ronmental impact statement/manage-           Commission. Furthermore, it protects       sachusetts [Mr. STUDDS].
ment plan on the designation of the          the rights of the State of Hawaii and        (Mr. STUDDS asked and was given
Hawaiian Islands Humpback Whale              the Secretary to terminate inclusion of    permission to revise and extend his re-
Sanctuary is set to be released later        Kaho’olawe Island waters if the supple-    marks.)
this month.                                  mental management plan, any imple-           Mr. STUDDS. Mr. Speaker, I am
   In particular, H.R. 3487, thanks to the   menting regulation or any term of the      more than a little embarrassed. No
gentleman from New Jersey [Mr.               plan or regulation is unacceptable.        Member forewarned me of this.
SAXTON] and the gentleman from Cali-           In 1992, the initial boundaries of the     I want to thank the gentleman from
fornia [Mr. FARR], contains two provi-       Hawaiian Islands Sanctuary Act were        New Jersey with whom I have worked
sions specific to the Hawaiian Islands       designated.    However,     the   waters   for more years than I can recall, the
Humpback Whale National Marine               around the island of Kaho’olawe, which     gentleman from California, and the
Sanctuary Act regarding the designa-         were previously used by the Depart-        gentleman from Hawaii for their ex-
tion of the waters around the Island of      ment of Defense as a weapons range,        traordinarily kind words.
Kaho’olawe for inclusion in the sanc-        was purposely excluded.                      I must say I also sense the devious
tuary and the prohibition of the estab-        In 1993, the Governor of Hawaii          hand of the distant and mellow gen-
lishment of user fees in the sanctuary.      signed an act which established and        tleman from Alaska in this. I suspect
   May I add parenthetically, Mr.            created        the       aforementioned    he is where he usually is, which is on
Speaker, that this is a good example of      Kaho’olawe Island Reserve Commission       his way.
the hard work and detailed work that         to oversee the departments and agen-         We have worked together, DON YOUNG
had to go into this bill. I am sure the      cies of the State with respect to the      and I and the other Members here for
                                             management of the island reserve. It       the last few years, for a very long time.
gentleman from New Jersey [Mr.
                                             was further stipulated that the reserve    We worked in a committee for 22 years
SAXTON] and the gentleman from Cali-
                                             shall be used solely and exclusively and   known as the Committee on Merchant
fornia [Mr. FARR] would agree that vir-
                                             reserved in perpetuity for the preserva-   Marine and Fisheries. I do not think in
tually every one of the sanctuaries has
                                             tion and practice of all rights cus-       all those 22 years of the time that I
unique capabilities and unique quali-
                                             tomarily and traditionally exercised by    served on that committee I ever heard
ties that require particular individual
                                             native Hawaiians for cultural, spir-       a partisan observation except as sort of
attention, and the National Marine
                                             itual, and subsistence purposes; for the   a lighthearted aside from one side or
Sanctuaries Preservation Act is a
                                             preservation and protection of the re-     the other. I think we all understood no
prime example of how you have to suit
                                             serve’s archaeological, historical, and    matter where we came from in the con-
legislation to the particular, and that      environmental resources, rehabilita-
you cannot put together a bill where                                                    ventional political sense that what we
                                             tion, revegetation, habitat restoration,   were about was work that was far too
one size will literally fit all. It cannot   and preservation; and for education.
happen in this particular kind of legis-                                                important to be characterized by par-
                                               In 1994, a memorandum of under-          tisan exchanges and bitterness and
lation. The only way it can succeed is       standing between the U.S. Department
if you have Members who are willing to                                                  that the things about which we were
                                             of the Navy and the State of Hawaii
do their homework and be able to un-                                                    concerned transcended partisanship in
                                             conveyed the island of Kaho’olawe
derstand the particular necessities as-                                                 every sense of the word, most particu-
                                             back to the State.
sociated with each of the sanctuaries.         The Department of the Navy in con-       larly the sanctity of the marine envi-
   Mr. Speaker, these provisions, the        junction with the Kaho’olawe Island        ronment.
ones I mentioned with regard to                                                           The critters of the oceans and the
                                             Reserve Commission has issued an in-
Kaho’olawe, were brought to the atten-                                                  sanctity of the ocean itself have noth-
                                             formational draft request for proposals
tion of the Hawaii delegation by State       for the clean-up of Kaho’olawe. Issu-      ing whatever to do and do not give
officials as a result of meetings with       ance of the final RFP will occur after     much of a darn about whether we call
the Sanctuary Advisory Council. This         completion of the use plan for the is-     ourselves     Republicans,    Democrats,
council was established to empower           land and several Navy-State agree-         independent or vegetarians. We all are
local communities to provide advice          ments required by the Kaho’olawe           dependent upon those waters, upon the
and recommendations to the sanctuary         memorandum of understanding.               air, and upon the Earth. I think it was
manager on the development and con-            The second provision regards the pro-    that common understanding on that
tinued management of the site.               hibition of user fees in the sanctuary.    committee which brought together
   Currently, the Hawaiian Islands           This language was included as a result     people as disparate, for example, as
Humpback Whale Sanctuary Act re-             of concerns expressed by the State re-     DON YOUNG and myself. I think, by any
quires the Secretary of Commerce to          garding the potential impacts of the       conventional political measurement,
make an annual finding concerning the        sanctuary on local communities; this       one would be hard pressed to find two
suitability for the inclusion of the         in the context that I previously out-      Members as conventionally far apart
sanctuary of waters within 3 nautical        lined with respect to native Hawaiian      politically ideologically in our conven-
miles of Kaho’olawe Island. However,         customs, et cetera. Specifically, the      tional analyses of our voting records as
the language included in H.R. 3487 pro-      language states that the Secretary of      DON YOUNG and myself, the plain-spo-
vides that the Kaho’olawe Island Re-         Commerce shall not institute any user      ken riverboat captain from Fort Yukon
serve Commission may request the             fee under the National Marine Sanc-        and this kid from Cape Cod.
Secretary of Commerce to include the         tuaries Act for any activity within the      The fact of the matter is I think we
waters surrounding Kaho’olawe into           Hawaii Islands National Marine Sanc-       astonished many people over the years
the sanctuary.                               tuary or any use of the Sanctuary or       by the closeness of our working, our
                                             its resources, again in the context pre-   personal relationship and our friend-
                  1515                                                                  ship, and it was I think because we
                                             viously enumerated.
  If a determination of inclusion is           Mr. Speaker, these two provisions        both understood the Earth and the
made, the Secretary will provide notice      will provide for the better management     ocean because it was part intimately of
to the Governor of Hawaii and prepare        of the Hawaiian Islands Humpback           our respective lives.
a supplemental environmental impact          Whale Marine Sanctuary. I most ur-           The same is true of the gentleman
statement and management plan and            gently ask all my colleagues to support    from New Jersey, the gentleman from
any necessary implementing regula-           H.R. 3487.                                 California, and the gentleman from Ha-
tions in accordance with the National          Mr. Speaker, may I again thank the       waii who spoke embarrassing words.
Marine Sanctuaries Act, the Sanc-            gentleman from New Jersey [Mr.             May I say that one would be hard
September 4, 1996                    CONGRESSIONAL RECORD — HOUSE                                                                 H9979
pressed to find something that would       and passion for sound ocean manage-                  The question was taken; and (two-
have meant more to me than                 ment and sound ocean policy will con-              thirds having voted in favor thereof)
Stellwagen Bank, which lies between        tinue in this House under the leader-              the rules were suspended and the bill,
Cape Cod and Cape Ann in Massachu-         ship of the gentleman from New Jersey              as amended, was passed.
setts. I remember the formal designa-      [Mr. SAXTON], myself, and others who                 A motion to reconsider was laid on
tion of the sanctuary 3 years ago          serve on that committee. I want to                 the table.
standing beside Secretary of Commerce      thank the chairman for his good work
Ron Brown in Plymouth dedicating           as well.                                              WYOMING FISH AND WILDLIFE
that sanctuary. I asked Secretary             Mr. Speaker, I have no further re-                           CONVEYANCE
Brown whether he had ever actually         quests for time, and I yield back the
met a whale and he confessed that he       balance of my time.                                  Mr. SAXTON. Mr. Speaker, I move to
had not, it had not been really part of       Mr. SAXTON. Mr. Speaker, I yield                suspend the rules and pass the bill
his portfolio before assuming the Com-     myself such time as I may consume.                 (H.R. 3579) to direct the Secretary of
merce secretaryship. He promised me           I would just like to once again ex-             the Interior to convey certain property
that he would go out on a whale watch      press my appreciation for the many                 containing a fish and wildlife facility
and that I could introduce him person-     years of cooperation of GERRY STUDDS               to the State of Wyoming, and for other
ally to some of the humpbacks and          and hope that he will come back and                purposes, as amended.
                                           visit us often and leave us with his                 The Clerk read as follows:
white whales and other creatures of
                                           words of wisdom from time to time.                                     H.R. 3579
Stellwagen Bank.
                                              One other thing that I would just                 Be it enacted by the Senate and House of Rep-
  One of his staff members took me
                                                                                              resentatives of the United States of America in
aside a few moments later and said,        like to say, Mr. Speaker, before yield-
                                                                                              Congress assembled,
‘‘He didn’t mean a word of that. He        ing back the balance of my time. The               SECTION 1. CONVEYANCE OF CERTAIN PROP-
doesn’t like boats.’’ So now unfortu-      gentleman from Washington [Mr.                               ERTY TO WYOMING.
nately Ron will never have a chance to     METCALF] played a particularly strong                (a) CONVEYANCE.—Not later than 180 days
meet those creatures.                      hand in one section of this bill which             after the date of enactment of this Act, the
  I must say, however, that several        had to do with the establishment of a              Secretary of the Interior shall convey to the
times during the last 3 weeks I have       marine sanctuary in Puget Sound                    State of Wyoming without reimbursement,
                                                                                              all right, title, and interest of the United
flown at a very low altitude over          where we were able to again, on a bi-
                                                                                              States in and to the property described in
Stellwagen Bank, have had a chance to      partisan basis, agree on some very spe-            subsection (b).
speak personally with those whales,        cial provisions to protect the integrity             (b) DESCRIPTION OF PROPERTY.—The prop-
and can relay to the gentleman from        of the local folks back in the 6 counties          erty referred to in subsection (a) is the prop-
New Jersey, the gentleman from Cali-       surrounding Puget Sound which guar-                erty commonly known as ‘‘Ranch A’’ in
fornia and the gentleman from Hawaii       antees that they will have a say in the            Crook County, Wyoming, consisting of ap-
the thanks of an awful lot of very large   establishment if and when that marine              proximately 680 acres of land including all
                                                                                              real property, buildings, and all other im-
marine mammals for the work that           sanctuary is established. I thank ev-              provements to real property, and all personal
you and we collectively have done over     erybody for their cooperation with re-             property including art, historic light fix-
a long time here.                          gard to this measure, Mr. Speaker.                 tures, wildlife mounts, draperies, rugs, and
  The richness and diversity of the ma-       Mr. YOUNG of Alaska. Mr. Speaker, today         furniture directly related to the site, includ-
rine life in Stellwagen is a symbol, I     we are considering H.R. 3487, the National         ing personal property on loan to museums
think, of why it is that we all came to-   Marine Sanctuaries Preservation Act. This bill     and other entities, at the time of transfer.
gether in this endeavor. While I regret    was introduced by JIM SAXTON, chairman of            (c) USE AND REVERSIONARY INTEREST.—
                                                                                                (1) USE.—The property conveyed to the
deeply and I suspect many others do        the Subcommittee on Fisheries, Wildlife and        State of Wyoming under this section shall be
and I think it was an institutional        Oceans.                                            retained in public ownership and be used by
error of some magnitude to do away            H.R. 3487 reauthorizes the National Marine      the State for the purposes of—
with the Committee on Merchant Ma-         Sanctuaries Act and makes minor improve-             (A) fish and wildlife management and edu-
rine and Fisheries precisely because of    ments to the National Marine Sanctuaries Pro-      cation; and
                                                                                                (B) using, maintaining, displaying, and re-
some of the sentiment and understand-      gram. The National Marine Sanctuaries Pro-
                                                                                              storing, through State or local agreements,
ing and sort of earthy or oceanly, if      gram oversees 14 National Marine Sanc-             or both, the museum quality real and per-
that is a word, wisdom that we have        tuaries and is administered by the Office of       sonal property and the historical interests
heard here and on many occasions in        Ocean and Coastal Resource Management in           and significance of the real and personal
the past and they way in which it has      the National Oceanic and Atmospheric Admin-        property, consistent with applicable Federal
brought together individuals in an in-     istration.                                         and State laws.
stitution in a spirit of cooperation and      H.R. 3487 will ensure ongoing protection          (2) ACCESS BY INSTITUTIONS OF HIGHER EDU-
                                                                                              CATION.—The State of Wyoming shall provide
legislative working together which has     and management for certain marine areas that
                                                                                              access to the property for institutions of
been sadly lacking in recent time, I       are environmentally or historically significant.   higher education at a compensation level
think folks will look back, I hope, and       This bill also renames the Stellwagon Bank      that is agreed to by the State and the insti-
remember that it is possible to be as      National Marine Sanctuary as the Gerry E.          tution of higher education.
different as some of the individuals in    Studds Stellwagon Bank National Marine               (3) REVERSION.—If the property described
the Committee on Merchant Marine           Sanctuary. GERRY has long been a leading           in subsection (b) is not used for a purpose
and Fisheries were and are and yet to      proponent in the House of the protection of        consistent with paragraphs (1) and (2), all
                                           the marine environment—most prominently            right, title, and interest in and to the prop-
work together in a very collegial and
                                                                                              erty shall revert to the United States. The
very collaborative and very construc-      when he served as chairman of the former
                                                                                              State of Wyoming shall ensure that all prop-
tive way on things that truly matter as    Committee on Merchant Marine and Fisheries.        erty that reverts to the United States under
opposed to so much of what it is that      Now that GERRY is leaving after 24 years of        this subsection is in substantially the same
we spend our time here and our lives in    service, I believe this is a fitting tribute.      or better condition as at the time of convey-
general being concerned about.                I would like to commend subcommittee            ance to the State.
  So on behalf of the critters aforemen-   chairman SAXTON for his leadership on the            The SPEAKER pro tempore. Pursu-
tioned and particularly on behalf of a     issue of marine sanctuaries, and I urge an         ant to the rule, the gentleman from
very embarrassed me, I would like to       ‘‘aye’’ vote on this measure.                      New Jersey [Mr. SAXTON] and the gen-
thank the gentleman from Alaska, the          Mr. Speaker, I have no further re-              tleman from California [Mr. FARR]
gentleman from New Jersey, and my          quests for time, and I yield back the              each will control 20 minutes.
friends from California and Hawaii for     balance of my time.                                  The Chair recognizes the gentleman
their very kind words.                        The SPEAKER pro tempore (Mr.                    from New Jersey [Mr. SAXTON].
  Mr. FARR of California. Mr. Speaker,     WICKER). The question is on the motion               Mr. SAXTON. Mr. Speaker, I yield
I yield myself such time as I may          offered by the gentleman from New                  myself such time as I may consume.
consume.                                   Jersey [Mr. SAXTON] that the House                   (Mr. SAXTON asked and was given
  I assure this gentleman from Massa-      suspend the rules and pass the bill,               permission to revise and extend his re-
chusetts that his spirit and his concern   H.R. 3487, as amended.                             marks.)
H9980                                     CONGRESSIONAL RECORD — HOUSE                                                   September 4, 1996
  Mr. SAXTON. Mr. Speaker, I appre-              Crook County, WY, which is within Sand             take in private donations to effectively do so.
ciate the opportunity to discuss H.R.            Creek Canyon and includes the headwaters of        The ability of the Ranch A Restoration Foun-
3579, a bill to convey Ranch A to the            Sand Creek.                                        dation to acquire donations will increase when
State of Wyoming. This bill was intro-              The Fish and Wildlife Service acquired the      the facility is turned over to the State.
duced by our colleague, BARBARA                  Ranch A property in 1963, but has had little,         Even though the South Dakota School of
CUBIN, on June 5 of this year. Under             to no, oversight of the property since 1986.       Mines, and the State of South Dakota as a
the terms of this bill, the Secretary            The Wyoming Department of Game and Fish            whole, will continue to use the facility they
shall convey property to the State,              currently manages the majority of the Ranch A      have not been committed to giving financial
within 180 days of enactment and with-           property and, up until 1995, raised trout and      backing toward the restoration or acquisition of
out reimbursement, all right, title, and         transplanted the trout to waters around the        Ranch A. In fact, in a May 1995 letter, South
interest in the property commonly                State of Wyoming. Currently, there is limited      Dakota Governor Bill Janklow acknowledged
known as Ranch A to be used for fish             game bird hunting, and a select area of Sand       he had no desire to purchase the Ranch A fa-
and wildlife management and edu-                 Creek is open to fishing. In addition, the South   cility and the South Dakota Game and Fish
cation. The State of Wyoming is di-              Dakota School of Mines and Technology has          Department reached that same conclusion.
rected to allow access to the property           been using the facilities for educational pur-        Since the facility is currently scheduled for
for institutions of higher education at          poses.                                             disposal by the General Service Administration
a rate of compensation mutually                     H.R. 3579 is similar to measures the House      in the next few months, it is my hope this non-
agreed upon. Furthermore, the pro-               of Representatives has approved to transfer        controversial piece of legislation will move
posal stipulates that the property will          certain Federal fish hatcheries to non-Federal     quickly through the House, along with a com-
revert to the Federal Government if it           control, and it contains the standard language     panion bill introduced in the Senate by CRAIG
is used for something other than the             requiring that the property revert to the Fed-     THOMAS, to assure a expeditious transfer of
authorized purpose.                              eral Government, if it is used for something       this property to the State of Wyoming.
  This is a noncontroversial and meri-           other than the authorized purposes, which in          Mr. Speaker, it is my desire and it is the
torious bill. I urge all Members to sup-         this case include fish and wildlife management     State of Wyoming’s desire to ensure that
port it.                                         and educational endeavors.                         Ranch A is kept whole and in public owner-
  Mr. Speaker, I reserve the balance of             I urge my colleagues to support this non-       ship; this legislation does just that. H.R. 3579,
my time.                                         controversial piece of legislation and I com-      with the USFWS amendments, ensures ac-
  Mr. FARR of California. Mr. Speaker,           pliment our distinguished colleague, BARBARA       cess to Forest Service land through the prop-
I yield myself such time as I may                CUBIN, for her effective leadership on behalf of   erty and protects the blue ribbon fishery that
consume.                                         her Wyoming constituents.                          the State of Wyoming holds very close to its
  (Mr. FARR of California asked and                 Mrs. CUBIN. Mr. Speaker. I support the          heart.
was given permission to revise and ex-           chairman’s substitute to H.R. 3579, which will        Once again, thank you Mr. Speaker. I ask
tend his remarks.)                               transfer property known as Ranch A to the          my colleagues to support H.R. 3579 and look
  Mr. FARR of California. Mr. Speaker,           State of Wyoming.                                  forward to the passage of this legislation.
I am aware of no objection to the bill              The changes that are incorporated in this          Mr. SAXTON. Mr. Speaker, I yield
at this time. Many concerns were                 amendment directly reflect those changes           back the balance of my time.
raised about this legislation when it            brought to me by the U.S. Fish and Wildlife           The SPEAKER pro tempore. The
was first introduced, and several of             Service during subcommittee hearings on this       question is on the motion offered by
those issues were addressed by the               bill.                                              the gentleman from New Jersey [Mr.
amendments in committee.                            This bill is very important to Wyoming and      SAXTON] that the House suspend the
  One issue, however, does remain out-           anyone who enjoys the beauty of open spaces        rules and pass the bill, H.R. 3579, as
standing. While there seems to be no             and historical buildings. Under the manage-        amended.
disagreement over the transfer to the            ment of the Federal Government, the buildings         The question was taken; and (two-
State of the buildings and facilities            at Ranch A have become run down and fallen         thirds having voted in favor thereof)
that compose the ranch itself, there is          into disrepair.                                    the rules were suspended and the bill,
not agreement with respect to the                   It is time for the State of Wyoming to be-      as amended, was passed.
transfer and future management of the            come involved in the management of the                A motion to reconsider was laid on
surrounding land which totals, I think,          buildings and the class one trout stream that      the table.
about 680 acres. It is our understanding         runs through the property. The State manage-
that the interested parties are continu-         ment of the stream will continue to be the
ing to work to address this disagree-            same quality that it has been for the past 16                GENERAL LEAVE
ment and that the problem will be ad-            years.                                               Mr. SAXTON. Mr. Speaker, I ask
dressed in the other body when they                 John Twiss, Superintendent of Black Hills       unanimous consent that all Members
consider this legislation. For that rea-         National Forest, acknowledged the fact that        may have 5 legislative days within
son we do not object to the passage of           the Forest Service could not afford to put any     which to revise and extend their re-
this bill today.                                 money toward restoration of the ranch’s histor-    marks on all bills just passed.
  Mr. Speaker, I yield back the balance          ical buildings. The Forest Service should not        The SPEAKER pro tempore. Is there
of my time.                                      be in the business of restoring historical sites   objection to the request of the gen-
  Mr. SAXTON. Mr. Speaker, I yield               and spending much needed resources main-           tleman from New Jersey?
myself such time as I may consume.               taining these buildings. The cost for the res-       There was no objection.
  Mr. Speaker, let me just say that on           toration is projected to be about $2 million.
both sides of the aisle there are a num-            The State of Wyoming is looking forward to
ber of staff members who are here                and is committed to restoring and even mak-                       RECESS
present today who have a lot to do               ing marked improvements to the facility by
                                                                                                      The SPEAKER pro tempore. Pursu-
from time to time and on an ongoing              creating lodging for visitor groups and main-
                                                                                                    ant to clause 12 of rule I, the House
basis, as a matter of fact, with the fact        taining the historic significance of the ranch.
                                                                                                    stands in recess until approximately 5
that we are able to address matters on           Private donations brought about by the efforts
                                                                                                    p.m.
a bipartisan basis on the Committee on           of the Ranch A Restoration Foundation will
                                                                                                      Accordingly (at 3 o’clock and 29 min-
Resources. So I would just like to take          give the State of Wyoming the ability to do
                                                                                                    utes p.m.), the House stood in recess
this opportunity to thank them.                  restoration on the buildings without burdening
                                                                                                    until approximately 5 p.m.
  Mr. YOUNG of Alaska. Mr. Speaker, H.R.         the taxpayers of my home State.
3579, a bill to transfer the property known as      As we all know, during this time of budget
Ranch A to the State of Wyoming, was intro-      restraints and fiscal conservatism, it is not a                           1700
duced by Congresswoman BARBARA CUBIN on          good time for agencies like the Forest Service
June 5, 1996.                                    to begin acquiring property. These agencies                   AFTER RECESS
  Ranch A consists of a lodge, a barn, and       already have difficulty managing what they           The recess having expired, the House
associated buildings and includes approxi-       have. The State of Wyoming is in a better po-      was called to order by the Speaker pro
mately 680 acres. The property is located in     sition to manage the facility properly and will    tempore (Mr. WICKER) at 5 p.m.
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                   H9981
 THE 50 STATES COMMEMORATIVE                      State being commemorated with such design          designated by the Secretary of the Treasury,
         COIN PROGRAM ACT                         and the Commission of Fine Arts; and               shall be deemed to have been appointed to a
                                                    ‘‘(B) reviewed by the Citizens Commemora-        term which ends on December 31, 1999.
  Mr. CASTLE. Mr. Speaker, I move to              tive Coin Advisory Committee.                        (c) STATUS OF MEMBERS.—The members ap-
suspend the rules and pass the bill                 ‘‘(5) TREATMENT AS NUMISMATIC ITEMS.—For         pointed to the Citizens Commemorative Coin
(H.R. 3793) to provide for a 10-year cir-         purposes of sections 5134 and 5136, all coins      Advisory Committee under clause (i) or (iii)
culating commemorative coin program               minted under this subsection shall be consid-      of paragraph (3)(A) of section 5135 of title 31,
to commemorate each of the 50 States,             ered to be numismatic items.                       United States Code, shall not be treated as
                                                    ‘‘(6) NUMISMATIC ITEMS.—                         special Government employees.
and for other purposes, as amended.                 ‘‘(A) QUALITY OF COINS.—The Secretary
  The Clerk read as follows:                                                                           The SPEAKER pro tempore. Pursu-
                                                  may mint and issue such member of quarter
                                                  dollars of each design selected under para-        ant to the rule, the gentleman from
                    H.R. 3793
                                                  graph (4) in uncirculated and proof qualities      Delaware [Mr. CASTLE] and the gen-
  Be it enacted by the Senate and House of Rep-
                                                  as the Secretary determines to be appro-           tleman from New York [Mr. FLAKE]
resentatives of the United States of America in
Congress assembled,                               priate.                                            each will control 20 minutes.
                                                    ‘‘(B) SILVER COINS.—Notwithstanding sub-           The Chair recognizes the gentleman
SECTION 1. SHORT TITLE.
                                                  section (b), the Secretary may mint and            from Delaware [Mr. CASTLE].
 This Act may be cited as the ‘‘50 States         issue such number of quarter dollars of each
Commemorative Coin Program Act’’.
                                                                                                       Mr. CASTLE. Mr. Speaker, I yield
                                                  design selected under paragraph (4) as the         myself such time as I may consume.
SEC. 2. FINDINGS.                                 Secretary determines to be appropriate with          Mr. Speaker, we are here today to
  The Congress hereby finds the following:        a content of 90 percent silver and 10 percent
  (1) It is appropriate and timely to—
                                                                                                     suspend the rules and pass H.R. 3793,
                                                  copper
  (A) honor the unique Federal republic of 50       ‘‘(C) SOURCES OF BULLION.—The Secretary          the 50 State Commemorative Coin Act.
States that comprise the United States; and       shall obtain silver for minting coins under        This bill honors the 50 States that
  (B) promote the diffusion of knowledge          subparagraph (B) only from stockpiles estab-       make up our Federal Union of the
among the youth of the United States about        lished under the Strategic and Critical Mate-      United States of America, by producing
the individual States, their history and geog-    rials Stock Piling Act.                            a series of circulating quarter dollar
raphy, and the rich diversity of the national       ‘‘(D) SALE PRICE OF COINS.—The coins is-         coins that commemorate, in order, the
heritage.                                         sued under this paragraph shall be sold by         entrance of each State into the Union.
  (2) The circulating coinage of the United       the Secretary at a price equal to the sum of
                                                                                                       As we approach the millennium, it is
States has not been modernized within the         the face value of the coins and the cost of
                                                  designating and issuing the coins (including       appropriate that we renew the bonds
past 25 years.
  (3) A circulating commemorative 25-cent         labor, materials, dies, use of machinery,          that make this country great. It exists
coin program could produce earnings of            overhead expenses, marketing, profit, and          today because the first 13 States joined
$110,000,000 over the 10-year period of issu-     shipping).                                         together to ratify the Constitution and
ance and would produce indirect earnings of         ‘‘(7) APPLICATION IN EVENT OF THE ADMIS-         were later joined by 37 others to form
an estimated $3,400,000,000 to the United         SION OF ADDITIONAL STATES.—If any addi-            a ‘‘more perfect union.’’
States Treasury, money that will replace          tional State is admitted into the Union be-          Beginning next year and for 9 more
borrowing to fund the national debt to at         fore the end of the 10-year period referred to     years until every State has been hon-
least that extent.                                in paragraph (1), the Secretary of the Treas-
                                                                                                     ored, five unique designs, each rep-
  (4) It is appropriate to launch a commemo-      ury may issue quarter dollar coins, in ac-
                                                  cordance with this subsection, with a design       resenting an individual State, will be
rative circulating coin program that encour-
ages young people and their families to col-      which is emblematic of such State during           issued at intervals of about 2 months.
lect memorable tokens of all the States for       any 1 year of such 10-year period, in addition     The completed set will represent in
the face value of the coins.                      to the quarter dollar coins issued during          dazzling variety, the diverse history
SEC. 3. ISSUANCE OF REDESIGNED QUARTER            such year in accordance with paragraph             and culture of the States of the Union.
           DOLLARS OVER 10-YEAR PERIOD            (3)(A).’’.                                           Each State, as the date of its coin
           COMMEMORATING EACH OF THE 50           SEC. 4. FIXED TERMS FOR MEMBERS OF THE             issue approaches, will have the oppor-
           STATES.                                           CITIZENS COMMEMORATIVE COIN
                                                             ADVISORY COMMITTEE.
                                                                                                     tunity to provide input to the Mint and
  Section 5112 of the title 31, United States                                                        the National Fine Arts Commission on
Code, is amended by adding at the end the            (a) IN GENERAL.—Paragraph (4) of section
                                                  5135(a) of title 31, United States Code, is        just what design elements best charac-
following new subsection:
  ‘‘(k) REDESIGN AND ISSUANCE OF QUARTER          amended to read as follows:                        terize its unique qualities. This legisla-
DOLLAR IN COMMEMORATION OF EACH OF THE               ‘‘(4) TERMS.—                                   tion will provide winners all around:
                                                     ‘‘(A) IN GENERAL.—Each individual ap-             The youth of America will be intro-
50 STATES.—
                                                  pointed to the Advisory Committee under            duced to a fascinating hobby at mini-
  ‘‘(1) IN GENERAL.—Notwithstanding the 4th
                                                  clause (i) or (iii) of paragraph (3)(A) shall be   mal expense, as an entire set of 50 coins
sentence of subsection (d)(1) and subsection
                                                  appointed for a term of 4 years.
(d)(2), quarter dollar coins issued during the
                                                     ‘‘(B) INTERIM APPOINTMENTS.—Any member          can be collected from pocket change at
10-year period beginning on January 1, 1997,                                                         a total cost of $12.50.
                                                  appointed to fill a vacancy occurring before
shall have designs selected in accordance                                                              Serious numismatic collectors will
                                                  the expiration of the term for which such
with this subsection which are emblematic                                                            have the opportunity to acquire these
                                                  member’s predecessor was appointed shall be
of the 50 States.                                                                                    coins by paying only the respective
                                                  appointed only for the remainder of such
  ‘‘(2) SINGLE STATE DESIGNS.—The design for
each dollar issued during he 10-year period
                                                  term.                                              premiums for uncirculated versions or
                                                     ‘‘(C) CONTINUATION OF SERVICE.—Each             for silver replica editions; there will be
referred to in paragraph (1) shall be emblem-     member appointed under clause (i) or (iii) of
atic of 1 of the 50 the States.                                                                      no private surcharges added to the
                                                  paragraph (3)(A) may continue to serve after
  ‘‘(3) ISSUANCE OF COINS COMMEMORATING 5         the expiration of the term to which such
                                                                                                     cost. Nevertheless, the estimated earn-
STATES DURING EACH OF THE 10 YEARS.—              member was appointed until a successor has         ings from the silver coins alone is $110
  ‘‘(A) IN GENERAL.—The designs for the           been appointed and qualified.’’.                   million over the course of the program.
quarter dollar coins issued during each year         (b) STAGGERED TERMS.—Of the members             This sum is scorable for budgetary pur-
of the 10-year period referred to in paragraph    appointed to the Citizens Commemorative            poses.
(1) shall be emblematic of 5 States which         Coin Advisory Committee under clause (i) or          The Mint’s experience from the last
have not previously been commemorated             (iii) of paragraph (3)(A) of section 5135 of       circulating commemorative issue, the
during such period.                               title 31, United States Code, who are serving
  ‘‘(B) NUMBER OF EACH OF 5 COIN DESIGNS IN                                                          bicentennial quarter of 1976–77, pro-
                                                  on the Advisory Committee as of the date of        vides the basis to estimate what addi-
EACH YEAR.—Of the quarter dollar coins is-        the enactment of this Act—
sued during each year (of the 10-year period         (1) 1 member appointed under clause (i) and     tional earnings will accrue to the
referred to in paragraph (1)), the Secretary of   1 member appointed under clause (iii), as          Treasury from this program. The addi-
the Treasury shall prescribe, on the basis of     designated by the Secretary of the Treasury,       tional profit to the Treasury derives
such factors as the Secretary determines to       shall be deemed to have been appointed to a        from the fact that each coin that is
be appropriate, the number of quarter dollars     term which ends on December 31, 1997;              taken out of circulation by a collector
which shall be issued with each of the 5 de-         (2) 1 member appointed under clause (i) and     will need to be replaced by another
signs selected for such year.                     1 member appointed under clause (iii), as          that will be used in vending machines,
  ‘‘(4) SELECTION OF DESIGN.—Each of the 50       designated by the Secretary of the Treasury,
designs required under this subsection for        shall be deemed to have been appointed to a
                                                                                                     parking meters, and in normal com-
quarter dollars shall be—                         term which ends on December 31, 1998; and          merce. The Mint’s production schedule
  ‘‘(A) selected by the Secretary after con-         (3) 1 member appointed under clause (i) and     is demand driven. Increased produc-
sultation with appropriate officials of the       1 member appointed under clause (iii), as          tion, estimated for this circulating
H9982                                 CONGRESSIONAL RECORD — HOUSE                                         September 4, 1996
commemorative program at an addi-           that would limit the number of noncir-       H.R. 3793, the 50 States Commemora-
tional 50 percent over baseline projec-     culating commemorative coins, and it         tive Coin Program Act. This bill would
tions, will produce anticipated earn-       is my understanding that the other           change the image on our quarter to
ings on the order of over $3 billion for    body is moving forward with the bill.        honor each of the 50 States. Each
the total program. By Congressional         As many here may know, there has             State’s quarter would be minted in the
Budget Office scoring convention,           been a glut of commemorative coins           order in which the State ratified the
these earnings are off-budget and thus      over the past few years, and the mint        U.S. Constitution, and the pride of
are not available to be spent by Con-       and numismatic community have                each State would be displayed on these
gress. Instead, they will be applied di-    urged Congress to reduce the number of       coins that would memorialize them
rectly to replace borrowing otherwise       commemoratives. At the same time,            forever.
necessary to fund the national debt,        we have been urged to authorize a cir-         Money historically has been more
saving taxpayers the interest on bil-       culating program. This program will          than just a means to purchase goods
lions of dollars, in perpetuity, or until   strike a balance between the Mint’s          and services. It reflects the pride and
the debt is paid off, whichever comes       production capacity and the desire to        ideals of a country. It serves as a
first.                                      create artistic collectible coinage.         means to educate every person whose
  This bill is simple and straight-           In what better way could we create         hand it touches about the history and
forward. At our hearing last July, wit-     excitement in U.S. coinage? This pro-        heros of a nation. The image and ar-
nesses described the near unanimously       gram, as one witness in committee de-        tistry on coins are enjoyed by every
favorable reception for this bill by the    scribed it, would put pride back into        walk of life, regardless of class, in-
collecting community and the broader        our pockets. Pride would come from           come, or race.
public. The numismatic franchise of         the fact that the public will become           This redesigned quarter commemo-
the Federal Government is very valu-        more aware of the rich history of U.S.       rating each of the 50 States will be no
able, but little has been done in recent    coinage, which by the way, dates back        different. Each State will have the op-
times to nurture it and expand the          to the 1790’s.                               portunity to provide input on the de-
market. This becomes a real problem           We need look back no further than          sign elements of the quarter. The com-
when one realizes that the profile of       1976, when we commemorated our Na-           plete series will represent the diverse
the average collector is an upper mid-      tion’s bicentennial on the quarter. The      history and culture of each State in
dle class white male, over 50 years old.    bicentennial coins symbolically com-         the Union. I believe this commemora-
We are not creating new collectors to       memorated the people, places, events,        tive quarter will stimulate interest in
replace those who leave the hobby by        and ideals which were the foundation         our Nation’s history, and its coins.
                                            of our great Nation. I expect that the         Besides the obvious benefits of this
whatever mechanism. This program
                                            50 States Commemorative Coin Pro-            program, it will save money for the
would introduce a younger and more
                                            gram Act will instill the same pride,        Government and the taxpayer. Like
diverse population to the fascinating
                                            and reflect similar values in each of        the bicentennial quarter, the 50 State
hobby of coin collecting. It will also                                                   series will be very popular with the
                                            our 50 States.
teach about the history and diversity         As I stated in July, my only reserva-      public. Americans will keep these quar-
of this Nation through pocket change        tion about this program is the fact          ters allowing the Mint to produce
and I urge its immediate adoption.          that Mr. CASTLE’S State will be among        more. It is estimated that the addi-
  Mr. Speaker, I reserve the balance of     the first commemorated under this            tional coins minted and held by the
my time.                                    program, while New York would have           public will produce $3.4 billion in sav-
  (Mr. FLAKE asked and was given
                                            to wait until 1999. While Delaware put       ings that the Government would other-
permission to revise and extend his re-
                                            a new nation on the map in the 18th          wise have to borrow by issuing Treas-
marks.)                                     century, perhaps it is proper for New        ury bonds. These savings will reduce
  Mr. FLAKE. Mr. Speaker, I yield my-
                                            York to lead the way in commemorat-          interest on the debt by $1 billion over
self such time as I may consume.
                                            ing our Nation in the last year of the       10 years.
  I would like to thank the Speaker for                                                    Although I will have to wait until
                                            20th century. I say these words in jest,
the expedited scheduling of what I be-                                                   the year 2006 before Oklahoma’s quar-
                                            and with a sense of humor, since I ex-
lieve is one of the more exciting events                                                 ter is minted, I look forward to honor-
                                            pect that this program will foster a
in the history of United States coinage.                                                 ing each State during the next decade.
                                            healthy amount of dignity among resi-
This afternoon also represents the con-                                                  I encourage all Members to support
                                            dents of the various States. Moreover,
tinued rapport that Chairman CASTLE         I believe this legislation will create an    this bill.
and I have had the pleasure of sharing      environment which all Americans can            Mr. FLAKE. Mr. Speaker, I yield my-
during the past couple of years on the      feel proud about not only in their home      self such time as I may consume.
Subcommittee on Domestic and Inter-         States, but the United States in gen-          I would just like to use this time to
national Monetary Policy.                   eral.                                        commend by chairman, the gentleman
  In introducing this bill, we have           Mr. Speaker, I reserve the balance of      from Delaware, MIKE CASTLE, for the
found at least four compelling policy       my time.                                     wonderful relationship that we share
reasons which suggest now is the time         Mr. CASTLE. Mr. Speaker, I yield           with one another. It seems that there
to introduce a series of circulating        myself such time as I may consume.           is not only comity as it relates to what
commemorative coins.                          I appreciate the gentleman’s com-          we do legislatively; both of use were
  First in an era where fledgling de-       ments about the relative coming to the       delayed today in our travels in getting
mocracies are struggling throughout         States of Delaware and New York. I am        here because of the weather. I think
the world, it is appropriate to honor       proud to be from the First State, but I      there is something in our spirit that al-
and commemorate our 220th anniver-          am proud that New York came along,           lows us to work so well together. I cer-
sary as a republic of 50 States.            too, and helped form the Union as well.      tainly want to commend him and his
  Second, we have not modernized U.S.       So we congratulate them on that.             staff for working so well and allowing
coinage in nearly 25 years.                   Mr. Speaker, I would like seriously        my staff to work with them in the
  Third, indirect savings of this pro-      to thank the gentleman for his tremen-       manner that we have.
gram would save the U.S. Treasury an        dous    cooperation      on    legislation     Mr. Speaker, I yield back the balance
estimated $3.4 billion dollars plus in-     throughout this 2-year cycle; we have        of my time.
terest over 10 years.                       been the chair and vice chair of this          Mr. CASTLE. Mr. Speaker, I yield
  Fourth, the program would foster          committee, and it has really been a          myself such time as I may consume.
education about the 50 States in a fam-     great pleasure in working with him on          I would again like to thank the gen-
ily setting.                                so many, many things.                        tleman from New York. He has to deal
  Beyond these issues, the circulating        Mr. Speaker, I yield such time as he       more with the weather problems be-
commemorative program for quarters,         may consume to the gentleman from            cause of flights. My problem is not a
will among other things make manage-        Oklahoma [Mr. LUCAS].                        weather problem. I was announcing for
ment sense for the Mint. Chairman             Mr. LUCAS of Oklahoma. Mr. Speak-          reelection today and I got tied up doing
CASTLE and I produced a bill last year      er, I rise today in strong support of        that.
September 4, 1996                      CONGRESSIONAL RECORD — HOUSE                                                               H9983
  I appreciate the support that he has                      [Roll No. 402]                   Roukema          Solomon         Upton
                                                                                             Roybal-Allard    Souder          Velazquez
given to this legislation. I appreciate                       YEAS—367                       Sabo             Spence          Vento
the support of the gentleman from                                                            Salmon           Spratt          Visclosky
                                             Abercrombie    Ehlers           Latham
Oklahoma and those who have been in-         Ackerman       Ehrlich          LaTourette
                                                                                             Sanders          Stark           Volkmer
volved with this.                                                                            Sawyer           Stearns         Vucanovich
                                             Allard         English          Laughlin
                                                                                             Saxton           Stenholm        Walker
  Mr. Speaker, I yield back the balance      Archer         Eshoo            Lazio
                                                                                             Schaefer         Stockman        Walsh
                                             Armey          Evans            Leach
of my time.                                  Bachus         Everett          Levin
                                                                                             Schiff           Stokes          Wamp
  The SPEAKER pro tempore. The                                                               Schroeder        Studds          Ward
                                             Baesler        Ewing            Lewis (CA)
                                                                                             Schumer          Stump           Watt (NC)
question is on the motion offered by         Baker (CA)     Farr             Lewis (GA)
                                                                                             Scott            Stupak          Watts (OK)
the gentleman from Delaware [Mr.             Baker (LA)     Fattah           Lewis (KY)
                                                                                             Seastrand        Talent          Waxman
                                             Baldacci       Fawell           Linder
CASTLE] that the House suspend the           Ballenger      Fazio            Lipinski
                                                                                             Sensenbrenner    Tate            Weldon (FL)
rules and pass the bill, H.R. 3793, as                                                       Serrano          Tauzin          Weldon (PA)
                                             Barcia         Fields (LA)      Livingston      Shaw             Taylor (MS)     Weller
amended.                                     Barrett (NE)   Fields (TX)      LoBiondo        Shays            Taylor (NC)     White
  The question was taken; and (two-          Barrett (WI)   Filner           Lofgren         Shuster          Tejeda          Whitfield
                                             Bartlett       Flake            Lowey           Sisisky          Thomas          Wicker
thirds having voted in favor thereof)        Barton         Foglietta        Lucas           Skaggs           Thompson        Wilson
the rules were suspended and the bill,       Bass           Foley            Luther          Skeen            Thornberry      Wise
as amended, was passed.                      Bateman        Forbes           Maloney         Skelton          Thornton        Wolf
                                             Becerra        Fox              Manton
  A motion to reconsider was laid on         Beilenson
                                                                                             Slaughter        Thurman         Woolsey
                                                            Frank (MA)       Manzullo        Smith (MI)       Tiahrt          Wynn
the table.                                   Bentsen        Franks (CT)      Markey          Smith (NJ)       Torkildsen      Yates
                                             Bereuter       Franks (NJ)      Martinez        Smith (TX)       Torres          Young (FL)
                                             Bevill         Frelinghuysen    Martini         Smith (WA)       Traficant
                                             Bilbray        Frost            Mascara
           GENERAL LEAVE                     Bilirakis      Funderburk       Matsui                             NAYS—9
                                             Bishop         Furse            McCollum        Cooley           Hoekstra        Sanford
  Mr. CASTLE. Mr. Speaker, I ask             Bliley         Gejdenson        McCrery         DeLay            Kolbe           Scarborough
unanimous consent that all Members           Blumenauer     Gekas            McDade          Hancock          LaHood          Shadegg
                                             Blute          Gephardt         McDermott
may have 5 legislative days in which to      Boehlert       Geren            McHale                    ANSWERED ‘‘PRESENT’’—1
revise and extend their remarks and in-      Boehner        Gilchrest        McHugh
                                                                                                              Barr
clude extraneous material on H.R. 3793,      Bonilla        Gillmor          McInnis
the bill just passed.                        Bonior         Gilman           McIntosh                        NOT VOTING—56
                                             Bono           Gonzalez         McKinney
  The SPEAKER pro tempore. Is there          Borski         Goodlatte        McNulty         Andrews          Fowler          Millender-
objection to the request of the gen-         Boucher        Goodling         Meehan          Berman           Frisa             McDonald
                                             Brewster       Gordon           Meek            Brown (FL)       Gallegly        Minge
tleman from Delaware?                                                                                                         Nadler
                                             Browder        Goss             Menendez        Brownback        Ganske
  There was no objection.                    Brown (CA)     Graham           Meyers          Bryant (TN)      Gibbons         Norwood
                                             Brown (OH)     Green (TX)       Mica            Bunn             Hansen          Pastor
                                             Bryant (TX)    Greene (UT)      Miller (CA)     Buyer            Hayes           Portman
                                             Bunning        Greenwood        Miller (FL)     Chapman          Johnson, Sam    Ramstad
ANNOUNCEMENT BY THE SPEAKER                  Burr           Gunderson        Mink                                             Rogers
                                                                                             Chenoweth        Kaptur
                                             Burton         Gutierrez        Moakley                                          Rohrabacher
             PRO TEMPORE                                                                     Coburn           Kingston
                                                                                                                              Royce
                                             Callahan       Gutknecht        Molinari        Collins (IL)     Klug
  The SPEAKER pro tempore. Pursu-            Calvert        Hall (OH)        Mollohan                                         Rush
                                                                                             Crane            Lantos          Tanner
ant to the provisions of clause 5, rule I,   Camp           Hall (TX)        Montgomery      de la Garza      Lightfoot
                                             Campbell       Hamilton         Moorhead                                         Torricelli
the Chair will now put the question on       Canady         Harman           Moran
                                                                                             Dornan           Lincoln         Towns
each motion to suspend the rules on                                                          Durbin           Longley         Waters
                                             Cardin         Hastert          Morella
                                                                                             Engel            McCarthy        Williams
which further proceedings were post-         Castle         Hastings (FL)    Murtha
                                                                                             Ensign           McKeon          Young (AK)
                                             Chabot         Hastings (WA)    Myers
poned earlier today in the order in          Chambliss      Hayworth         Myrick          Flanagan         Metcalf         Zeliff
which that motion was entertained.           Christensen    Hefley           Neal            Ford                             Zimmer
  Votes will be taken in the following       Chrysler       Hefner           Nethercutt
order:                                       Clay           Heineman         Neumann                              1740
                                             Clayton        Herger           Ney
  H.R. 447, de novo; and                     Clement        Hilleary         Nussle            Messrs. DELAY, HANCOCK, SAN-
  House Concurrent Resolution 120, de        Clinger        Hilliard         Oberstar        FORD, and COOLEY of Oregon changed
novo.                                        Clyburn        Hinchey          Obey
                                                                                             their vote from ‘‘yea’’ to ‘‘nay.’’
                                             Coble          Hobson           Olver
                                             Coleman        Hoke             Ortiz             Mr. THORNBERRY changed his vote
                                             Collins (GA)   Holden           Orton           from ‘‘nay’’ to ‘‘yea.’’
                                             Collins (MI)   Horn             Owens
  TOLL FREE CONSUMER HOTLINE                 Combest        Hostettler       Oxley
                                                                                               So (two-thirds having voted in favor
                                             Condit         Houghton         Packard         thereof) the rules were suspended and
  The SPEAKER pro tempore. The
                                             Conyers        Hoyer            Pallone         the bill, as amended, was passed.
pending business is the question of sus-     Costello       Hunter           Parker            The result of the vote was announced
pending the rules and passing the bill,      Cox            Hutchinson       Paxon
                                             Coyne          Hyde             Payne (NJ)      as above recorded.
H.R. 447, as amended.
                                             Cramer         Inglis           Payne (VA)        A motion to reconsider was laid on
  The Clerk read the title of the bill.      Crapo          Istook           Pelosi          the table.
  The SPEAKER pro tempore. The               Cremeans       Jackson (IL)     Peterson (FL)
question is on the motion offered by         Cubin          Jackson-Lee      Peterson (MN)
the gentleman from Ohio [Mr. OXLEY]          Cummings         (TX)           Petri
                                             Cunningham     Jacobs           Pickett
that the House suspend the rules and         Danner         Jefferson        Pombo                  PERSONAL EXPLANATION
pass the bill, H.R. 447, as amended.         Davis          Johnson (CT)     Pomeroy
  The question was taken.                    Deal           Johnson (SD)     Porter             Mr. PORTMAN. Mr. Speaker, because in-
                                             DeFazio        Johnson, E. B.   Poshard         clement weather delayed my return flight from
  Mr. CASTLE. Mr. Speaker, I object          DeLauro        Johnston         Pryce
to the vote on the ground that a             Dellums        Jones            Quillen
                                                                                             my district, I was not in attendance for one re-
quorum is not present and make the           Deutsch        Kanjorski        Quinn           corded vote, rollcall vote No. 402.
point of order that a quorum is not          Diaz-Balart    Kasich           Radanovich         Had I been in attendance, I would have
                                             Dickey         Kelly            Rahall          voted ‘‘yea’’ on rollcall vote No. 402.
present.                                     Dicks          Kennedy (MA)     Rangel
  The SPEAKER pro tempore. Evi-              Dingell        Kennedy (RI)     Reed
dently a quorum is not present.              Dixon          Kennelly         Regula
                                             Doggett        Kildee           Richardson
  The Sergeant at Arms will notify ab-       Dooley         Kim              Riggs
sent Members.                                                                                       PERSONAL EXPLANATION
                                             Doolittle      King             Rivers
  The vote was taken by electronic de-       Doyle          Kleczka          Roberts           Ms. MCCARTHY. Mr. Speaker, during roll-
vice, and there were—yeas 367, nays 9,       Dreier         Klink            Roemer          call vote No. 402 on H.R. 447 I was unavoid-
                                             Duncan         Knollenberg      Ros-Lehtinen
answered ‘‘present’’ 1, not voting 56, as    Dunn           LaFalce          Rose            ably detained due to flight delay. Had I been
follows:                                     Edwards        Largent          Roth            present, I would have voted ‘‘yea.’’
H9984                                         CONGRESSIONAL RECORD — HOUSE                                               September 4, 1996
      PERSONAL EXPLANATION                         Hilliard          McIntosh        Schiff          Tiahrt         Williams        Zeliff
                                                   Hinchey           McKinney        Schroeder       Torricelli     Young (AK)      Zimmer
  Mr. BROWNBACK. Mr. Speaker, I was un-            Hobson            McNulty         Schumer
avoidably detained due to the inclement            Hoekstra          Meehan          Scott                              1758
                                                   Hoke              Meek            Seastrand
weather at the airport earlier today, but had I    Holden            Menendez        Sensenbrenner     So (two-thirds having voted in favor
been here I would have voted ‘‘yea’’ on rollcall   Horn              Meyers          Serrano         thereof) the rules were suspended and
vote 402.                                          Hostettler        Mica            Shadegg         the concurrent resolution, as amended,
                                                   Houghton          Miller (CA)     Shaw
                                                   Hoyer             Miller (FL)     Shays
                                                                                                     was agreed to.
                                                   Hunter            Mink            Shuster           The result of the vote was announced
      UKRAINE INDEPENDENCE                         Hutchinson        Moakley         Sisisky         as above recorded.
                                                   Hyde              Molinari        Skaggs            A motion to reconsider was laid on
  The SPEAKER pro tempore (Mr.                     Inglis            Mollohan        Skeen
WICKER). The pending business is the               Istook            Montgomery      Skelton         the table.
question of suspending the rules and               Jackson (IL)      Moorhead        Slaughter
agreeing to the concurrent resolution,             Jackson-Lee       Moran           Smith (MI)
                                                     (TX)            Morella         Smith (NJ)             PERSONAL EXPLANATION
House Concurrent Resolution 120, as                Jefferson         Myers           Smith (TX)
amended.                                           Johnson (CT)      Myrick          Smith (WA)        Mr. LIGHTFOOT. Mr. Speaker, I was not
  The Clerk read the title of the con-             Johnson (SD)      Neal            Solomon         able to be present for the votes taken on H.R.
                                                   Johnson, E. B.    Nethercutt      Souder
current resolution.                                Johnston          Neumann         Spence          447 and House Concurrent Resolution 120.
  The SPEAKER pro tempore. The                     Jones             Ney             Spratt          Had I been present I would have voted ‘‘aye’’
question is on the motion offered by               Kanjorski         Nussle          Stark           on both measures.
the gentleman from New York [Mr.                   Kaptur            Oberstar        Stearns
                                                   Kasich            Obey            Stenholm
GILMAN] that the House suspend the                 Kelly             Olver           Stockman
rules and agree to the concurrent reso-            Kennedy (MA)      Ortiz           Stokes                 PERSONAL EXPLANATION
lution, House Concurrent Resolution                Kennedy (RI)      Orton           Studds
                                                   Kennelly          Owens           Stump
                                                                                                        Mr. RAMSTAD. Mr. Speaker, I rise to ex-
120, as amended.                                   Kildee            Oxley           Stupak          press my support for H.R. 447, the bill to es-
  The question was taken.                          Kim               Packard         Talent          tablish a toll free number to assist consumers
                RECORDED VOTE                      King              Pallone         Tate            in determining if products are American made,
                                                   Kleczka           Parker          Tauzin
  Mr. WALKER. Mr. Speaker, I demand                Klink             Paxon           Taylor (MS)     and House Concurrent Resolution 120, in sup-
a recorded vote.                                   Knollenberg       Payne (NJ)      Taylor (NC)     port of the independence of sovereignty of
  A recorded vote was ordered.                     Kolbe             Payne (VA)      Tejeda          Ukraine and the progress of its political and
                                                   LaFalce           Pelosi          Thomas
  The vote was taken by electronic de-             LaHood            Peterson (FL)   Thompson
                                                                                                     economic reforms.
vice, and there were—ayes 382, noes 1,             Largent           Peterson (MN)   Thornberry         Due to a delayed flight because of inclem-
answered ‘‘present’’ 1, not voting 49, as          Latham            Petri           Thornton        ent weather, I was unable to be here for roll
follows:                                           LaTourette        Pickett         Thurman         call votes number 402 and 403. But had I
                                                   Laughlin          Pombo           Torkildsen
                 [Roll No. 403]                    Lazio             Pomeroy         Torres          been here I would have voted in favor of the
                  AYES—382                         Leach             Porter          Towns           above bill and concurrent resolution.
                                                   Levin             Portman         Traficant
Abercrombie     Chabot            Ewing            Lewis (CA)        Poshard         Upton
Ackerman        Chambliss         Farr             Lewis (GA)        Pryce           Velazquez
Allard          Christensen       Fattah           Lewis (KY)        Quillen         Vento
                                                                                                                           1800
Archer          Chrysler          Fawell           Linder            Quinn           Visclosky
Armey           Clay              Fazio            Lipinski          Radanovich      Volkmer
                                                                                                               SPECIAL ORDERS
Bachus          Clayton           Fields (LA)      Livingston        Rahall          Vucanovich
Baesler         Clement           Fields (TX)
                                                                                                       The SPEAKER pro tempore. (Mr.
                                                   LoBiondo          Rangel          Walker
Baker (CA)      Clinger           Filner           Lofgren           Reed            Walsh
                                                                                                     WICKER). Under the Speaker’s an-
Baker (LA)      Clyburn           Flake            Longley           Regula          Wamp            nounced policy of May 12, 1995, and
Baldacci        Coble             Foglietta        Lowey             Richardson      Ward            under a previous order of the House,
Ballenger       Coleman           Foley            Lucas             Riggs           Waters
Barcia          Collins (GA)      Forbes                                                             the following members are recognized
                                                   Luther            Rivers          Watt (NC)
Barrett (NE)    Collins (MI)      Fox              Maloney           Roberts         Watts (OK)      for 5 minutes each.
Barrett (WI)    Combest           Frank (MA)       Manton            Roemer          Waxman
Bartlett        Condit            Franks (CT)      Manzullo          Rogers          Weldon (FL)
Barton          Conyers           Franks (NJ)      Markey            Ros-Lehtinen    Weldon (PA)
Bass            Cooley            Frelinghuysen
                                                                                                     THE PRESIDENT MADE THE RIGHT
                                                   Martinez          Rose            Weller
Bateman         Costello          Frost            Martini           Roth            White
                                                                                                                     DECISION
Becerra         Cox               Funderburk       Mascara           Roukema         Whitfield
Beilenson       Coyne             Furse
                                                                                                        The SPEAKER pro tempore. Under a
                                                   Matsui            Roybal-Allard   Wicker
Bentsen         Cramer            Gejdenson        McCarthy          Sabo            Wilson
                                                                                                     previous order of the House, the gentle-
Bereuter        Crapo             Gekas            McCollum          Salmon          Wise            woman from Texas [Ms. JACKSON-LEE]
Bevill          Cremeans          Gephardt         McCrery           Sanders         Wolf            is recognized for 5 minutes.
Bilbray         Cubin             Geren            McDade            Sanford         Woolsey
Bilirakis       Cummings          Gilchrest                                                             Ms. JACKSON-LEE of Texas. Mr.
                                                   McDermott         Sawyer          Wynn
Bishop          Cunningham        Gillmor          McHale            Saxton          Yates           Speaker, today and yesterday was the
Bliley          Danner            Gilman           McHugh            Scarborough     Young (FL)      beginning of a new school year for
Blumenauer      Davis             Gonzalez         McInnis           Schaefer
Blute           Deal              Goodlatte
                                                                                                     many of this Nation’s children. I would
Boehlert        DeFazio           Goodling                                                           imagine as they entered the school-
                                                                       NOES—1
Boehner         DeLauro           Gordon                                                             house doors, they were looking forward
Bonilla         DeLay             Goss                               Jacobs
                                                                                                     to an exciting new year of education
Bonior          Dellums           Graham
Bono            Deutsch           Green (TX)                 ANSWERED ‘‘PRESENT’’—1                  and inspiration. Sad as it is, in the
Borski          Diaz-Balart       Greene (UT)                        Barr
                                                                                                     backdrop of them going to school and
Boucher         Dickey            Greenwood                                                          those in my 18th Congressional Dis-
Brewster        Dicks             Gunderson
Browder         Dingell           Gutierrez
                                                                    NOT VOTING—49                    trict, was the fact that this Nation was
Brown (CA)      Dixon             Gutknecht        Andrews           Flanagan        McKeon          poised in an act of conflict with Sad-
Brown (OH)      Doggett           Hall (OH)        Berman            Ford            Metcalf         dam Hussein.
Brownback       Dooley            Hall (TX)        Brown (FL)        Fowler          Millender-         Many of my constituents as I left for
Bryant (TX)     Doolittle         Hamilton         Bryant (TN)       Frisa            McDonald
Bunn            Doyle             Hancock          Buyer             Gallegly        Minge
                                                                                                     Washington again expressed their ex-
Bunning         Dreier            Harman           Chapman           Ganske          Murtha          treme concern, the concern that we
Burr            Duncan            Hastert          Chenoweth         Gibbons         Nadler          would enter into circumstances that
Burton          Dunn              Hastings (FL)    Coburn            Hansen
Callahan        Edwards           Hastings (WA)    Collins (IL)      Hayes
                                                                                     Norwood         might cause us to be involved in a con-
                                                                                     Pastor          flict many, many miles away from our
Calvert         Ehlers            Hayworth         Crane             Johnson, Sam
                                                                                     Ramstad
Camp            Ehrlich           Hefley           de la Garza       Kingston
                                                                                     Rohrabacher
                                                                                                     land.
Campbell        English           Hefner           Dornan            Klug                               As I read the USA Today, it was very
Canady          Eshoo             Heineman         Durbin            Lantos          Royce
Cardin          Evans             Herger           Engel             Lightfoot       Rush            telling to understand in Arabic that
Castle          Everett           Hilleary         Ensign            Lincoln         Tanner          Saddam’s name means ‘‘the one who
September 4, 1996                       CONGRESSIONAL RECORD — HOUSE                                                       H9985
confronts,’’ and that maybe for 59 years      the right decision, and we must stand      ‘‘There are no differences between the
of his life, that is exactly what this        on behalf of democracy and fairness        Lavalas group and the ‘Macoutes’ ’’ Be-
leader of Iraq has done.                      and the saving of lives.                   cause both use the same methods. We
  This time, maybe he has not acted to          Mr. Speaker, I thank the men and         only hope that Mr. Paul won’t pay for
invade a nation, as he did with Kuwait,       women who are part of our Armed            exercising his freedom to speak with
but to reassert his authority over a          Forces, who are always faithful, always    his life.
part of Iraq. In any event, he rises to       strong, always committed.                    Finally, in recent days, we have seen
assert his power over those who would                                                    allegations that members of the Na-
not want it.                                                                             tional Palace Security Force have been
  I think it is important to be able to             DEVELOPMENTS IN HAITI
                                                                                         involved in criminal activities.
congratulate and to thank the Presi-            The SPEAKER pro tempore. Under a           Mr. Speaker, clearly something is seriously
dent for his measured, but pointed, re-       previous order of the House, the gen-      wrong in Haiti. When, can we ask, will the
sponse. As the Presidential race con-         tleman from Florida [Mr. GOSS] is rec-     White House come clean, stop glossing over
tinues and politics become intertwined        ognized for 5 minutes.                     the rough spots, stop calling this a success,
with government, I think it is impor-           Mr. GOSS. Mr. Speaker, it has been a     and put some meat on the bones of this ane-
tant Republicans and Democrats alike          hectic August recess this year, Mr.        mic effort. After spending $3 billion in tax-
should recognize what the responsibil-        Speaker, so as we return I want to take    payers’ money, the American people and the
ity of America is all about. That is          a moment to make my colleagues             American Congress expect and demand bet-
that, if we enter into any conflict           aware of some of the recent disturbing     ter.
where we offer our men and women in           developments in Haiti.
the Armed Forces, we do it with cau-            It would be very easy indeed to miss
tion, with seriousness, with under-           these things because no one—neither          The SPEAKER pro tempore. Under a
standing.                                     the media nor the White House—seems        previous order of the House, the gen-
  Mr. Speaker, I am gratified that the        interested in making a concerted effort    tleman from California [Mr. RIGGS] is
captain of the B–52 bomber was from           to analyze what is going on in that        recognized for 5 minutes.
Texas and that their initial mission          small Caribbean nation. Although, be-        [Mr. RIGGS addressed the House. His
was successful and that they were able        hind the scenes we understand that         remarks will appear hereafter in the
to make the pointed determination as          Haiti is hosting a high level cast of      Extensions of Remarks.]
ordered by the Chief of our command,          characters from the administration—
President Clinton, but as well they           National Security Advisor Anthony            The SPEAKER pro tempore. Under a
were able to come away with American          Lake, Joe Sullivan from the Haiti          previous order of the House, the gen-
lives not lost.                               Working Group, Janet Reno our Attor-       tleman    from     Pennsylvania    [Mr.
  It is important to know that the            ney General, General Sheehan of the        WELDON] is recognized for 5 minutes.
President did not hastily decide to send      Atlantic Command and even Strobe
Americans in, nor has he committed            Talbot himself. With them, we under-         [Mr. WELDON of Pennsylvania ad-
ground troops to that action. But what        stand, goes an additional $10 million      dressed the House. His remarks will ap-
he has done is continue to study the          for the beleaguered Haitian National       pear hereafter in the Extensions of Re-
issue and to continue to be on top of         Police Force—we are certainly all anx-     marks.]
the issue and to assure us that he will       ious to know which account it came
act on behalf of all Americans.               from.
                                                Then there is another gift for the na-     PRESERVING PROTECTING AND
  Mr. Speaker, it is important to rec-
                                              tional police in the form of a contin-             ENHANCING MEDICARE
ognize that the Bosnian decision that
was made after some of us had the op-         gent of Marines who went last week for       The SPEAKER pro tempore. Under a
portunity to visit Bosnia, the former         yet another training mission—this          previous order of the house, the gen-
Yugoslavia and Croatia, was one of            time protecting the U.S. Embassy in        tleman from Pennsylvania [Mr. FOX] is
peace, to ensure that the Serbs and           Haiti. We can almost certainly expect      recognized for 5 minutes.
Muslims would not fight anymore, and          to see more of these training exer-          Mr. FOX of Pennsylvania. Mr. Speak-
those who wanted to come home could           cises—muscle-flexing, if you will—for      er, I come to the well of the House to-
come home. Although it has not been           the next few months.                       night to speak about a very important
perfect, I again thank the President for        What specifically are my colleagues      topic to all Americans, and that is the
his measured response and his commit-         and I so concerned about? The few re-      preservation, the protection and en-
ment to peace.                                ports we have seen in recent weeks tell    hancement of Medicare.
  To my constituents let me say that          a tale of assassination plots, political     Medicare is the important healthcare
it is important, now that we have gath-       killings, threats against the Haitian      program for our senior citizens, and
ered here in Washington, that we not          media community, and general civil         the President’s trustees not long ago
raise our voices in political rhetoric,       unrest. On August 19, 20 men, suspected    told us if we do nothing to improve
that we monitor this situation, that we       to be members of Haiti’s disbanded         Medicare’s financial stability, by the
be concerned about the Kurds and their        military, attacked the National Palace     year 2001 it will be out of business. So
desire for peace, that we recognize that      and police headquarters in Port-au-        we in the House and Senate, as well as
this is an internal conflict, but it is led   Prince. One report in the Washington       the President, need to work together to
by a man who wants to confront. It is         Times said that the attackers ‘‘nearly     make sure we preserve and protect
important that we try and minimize            overran police headquarters.’’             Medicare.
any loss of life of American men and            There are strong suggestions that the      You may say to yourself, how did we
women, that we do our very best to en-        right may be once again formalizing its    get to this point? We have $30 billion a
force the principles of democracy of          structure and that the left may be in-     year in fraud, waste and abuse by pro-
this Nation, and that we recognize the        volved in payback killings against         viders; not all providers, but some pro-
leadership role that we have, both in         those who ran Haiti during the Cedras      viders, whether it be doctors, hospitals,
foreign policy and creating an atmos-         era.                                       or insurance companies, have led us to
phere of peace in this world.                   In fact, Evans Paul, once mayor of       a $30 billion a year figure of fraud,
  I ask the President in his wisdom and       Port-au-Prince and respected head of       waste and abuse.
his leadership that he continue to keep       the FNCD Party in Haiti, publicly is-        So, Mr. Speaker, the majority party
the Congress apprised of the leadership       sued an accusation on August 22 that       has introduced legislation which we
that is needed for us to go forward and       the government of Rene Preval is re-       hope will be eventually passed, which
do the right thing. Then I would ask          sponsible for the assassinations of        will in fact clue for the first time
those of us who gather in the U.S. Con-       right-leaning Minister Antoine Leroy       healthcare fraud as a crime, so that
gress to be supportive where it is nec-       and Paul Florival in Port-au-Prince        those who would systematically and
essary, and as well to be questioning on      August 20. He made the bold—and dan-       regularly bilk the Federal Government
behalf of our constituents. But this is       gerous statement—that in practice          through Medicare fraud, waste and
H9986                                  CONGRESSIONAL RECORD — HOUSE                                         September 4, 1996
abuse, would in fact be eligible for a 10    fear when, instead of being truthful,               ENGLISH THE OFFICIAL
year jail term and lose their rights as      what is happening is that those indi-                      LANGUAGE
providers.                                   viduals are being pushed into believing        The SPEAKER pro tempore. Under a
  Further items in this reform legisla-      something that is simply not the case.       previous order of the House, the gen-
tion would include reducing our paper-          Mr. Speaker, what I am speaking           tleman from Wisconsin [Mr. ROTH] is
work cost. Twelve percent of Medicare        about, what I am talking about is a          recognized for 5 minutes.
now goes to paperwork. We can reduce         very, very expensive, well thought out,        Mr. ROTH. Mr. Speaker, on August 1
that with electronic billing to just 2       well produced, calculated demagogic ad       this Congress finally began to show as
percent.                                     campaign that is designed to persuade        much sense, common sense, as the
  Further, on medical education, very        senior citizens in our country that this     American people by overwhelmingly
important medical education for our          Congress is trying to not only cut but       passing our bill to make English the of-
interns and residents at teaching hos-       gut Medicare and destroy the safety          ficial language of the United States.
pitals, it is a program that should be       net, the health care safety net for sen-     Make no mistake about this, this was
supported. Maybe it should not be part       ior citizens. It is an ad campaign that      an historic accomplishment. For the
of the Medicare Program, but it should       is not only well done, well thought out      first time in over two decades, Con-
be part of the Federal Government’s al-      and well produced and absolutely bla-        gress has taken a concrete step toward
lotment of funds, so teaching hospitals      tantly demagogically false, but it is        cementing our national unit by rein-
continue to have the finest education        also being paid for in a way that those      forcing our most important common
and doctors turned out of medical            who are being forced to pay for it do        bond, the English language. After 25
schools so we can make sure that we          not even approve and do not want it to       years of Great Society social experi-
have the education we need, but not as       exist.                                       mentation, we are finally starting to
part of Medicare. Medicare should be            I am talking about the fine working       reverse the tide.
for our senior citizens’ health care.                                                       That historic vote was cast on the 1st
                                             men and women of local AFL–CIO af-
                                                                                          of August, the first step toward return-
                    1815                     filiates, several of which I have been
                                                                                          ing to a commonsense policy of pro-
  Another provision of the bill is for       personally endorsed by. I am talking
                                                                                          moting American unity by promoting
the Medicare lockbox. Any savings we         about the use of funds that are being
                                                                                          the teaching and learning of English.
get from fraud, waste and abuse would        mandatorily taken out of paychecks to
                                                                                          But the battle has just begun. There is
in fact go to health care for our sen-       fund politically motivated ad cam-
                                                                                          still so much left to be done, starting
iors.                                        paigns that distort and completely fal-
                                                                                          with the Senate.
  Finally, the legislation proposed          sify the facts.                                Acting on the bill that we passed
would make sure that we in fact have            The facts are, as Mr. FOX was speak-      here in the House, we now ask the Sen-
options. We would retain the fee-for-        ing earlier, quite simple. That is that      ate to pass this legislation and send it
service choice of doctor and choice of       Medicare is going broke. Medicare is         onto the President for his signature.
hospital for every senior across the         going broke. Medicare is going broke.        Frankly, I know that President Clinton
country, but also give them the option       How do we know that? We know that            will sign this bill. The overwhelming
of having managed care Medicare to in-       because the Medicare trustees have           majority of the American people sup-
clude eyeglasses and pharmaceuticals         said it. Who are the Medicare trustees?      port making English our official lan-
for the healthiest of seniors, and also      Three of them are members of the             guage. I do not believe that the Presi-
medical savings accounts under Medi-         President’s own cabinet. Another is a        dent wants to alienate a large segment
care which would give them the chance        political appointee, and two are indi-       of the electorate just 60 days before the
to invest the money they want to their       vidual citizens. And they say Medicare       election.
health care and have the extra dollars       is going broke.                                When push comes to shove, Bill Clin-
they keep be rolled over to the follow-         What is the responsible response?         ton will sign that bill. And as he did
ing year when they might need the            What is the right response? What             when he was Governor of Arkansas, the
funds more.                                  would be the correct response that you,      President should sign this bill, not
  So, Mr. Speaker, I think it is very        Mr. Speaker, or the citizens of this         only because it has certain political
important that we as Republicans and         country would want to see from its leg-      advantage that it confers on him. He
Democrats work together to save Medi-        islators?                                    should sign it because this is the most
care for our seniors, for this generation       It seems to me that the responsible       important piece of legislation this Con-
of seniors and the next, to make sure        way to deal with that is to look at the      gress and his administration will con-
that health care is there and Medicare       problem, face it clearly and do what is      sider.
is there and we do so in the proper way      right to fix it. That is exactly what we       Mr. Speaker, we have witnessed
for the protection of all our senior citi-   have done. In fact, not only has this        events recently that have testified to
zens.                                        Congress done that, but with a dif-          the fragility of nations: the sundering
                                             ferent set of policy statements the          of the Soviet Union, the breakup of
                                             President has done the same thing.           Yugoslavia, the near divorce between
          MEDICARE SCARE                                                                  Quebec and the rest of Canada. Seces-
  The SPEAKER pro tempore (Mr.                  It boils down to slowing the rate of
                                                                                          sionist tides are rising all across East-
LAHOOD). Under a previous order of the       growth. It is pretty simple. Instead of
                                                                                          ern and even Western Europe. All these
House, the gentleman from Ohio [Mr.          growing at 10 percent a year, it has to
                                                                                          incidents share a common thread. The
HOKE] is recognized for 5 minutes.           grow at about 6.5 or 7 percent a year.
                                                                                          thread, incidentally and ironically
  Mr. HOKE. Mr. Speaker, I come to           Yet this is being used for political pur-
                                                                                          enough, is the unraveling of national
the well tonight fresh off of 30 days of     poses to frighten senior citizens into
                                                                                          unity across the world today. The twin
recess that included a week of vacation      believing that this Congress is trying
                                                                                          forces of nationalism and tribalism are
with my children and about 3 or so           to destroy Medicare.
                                                                                          plunging nations into a separatism spi-
weeks with my constituents. And it is           Mr. Speaker, the one thing that this      ral, and the United States is not im-
with a great deal of sorrow and dis-         Republic cannot tolerate, the one thing      mune.
appointment, Mr. Speaker, that I have        that this Republic cannot stand is bla-        America is the most diverse Nation
to report to you that there is a dark        tant exploitative, manipulative lying        in the history of the world. We are a
occurrence happening in many parts of        in the political process. That is what is    people from every corner of the globe.
America right now where a fraud is           happening by this ad campaign fi-            We represent every culture, every lan-
being perpetrated on people who are          nanced by the AFL–CIO.                       guage, every religion, every difference
vulnerable, people who are sometimes            It is wrong. It is not voter education.   imaginable. The last census, for exam-
more gullible than maybe many in the         It is voter disinformation. It should        ple, indicated that over 320 languages
population, and people who can be            stop. I just hope and trust that the citi-   are spoken in our schools, cities, and
preyed upon by appealing to real anxi-       zens will not be swayed nor fooled by        communities. Do not think for a sec-
ety that turns into the exploitation of      it.                                          ond that this Nation can avoid the fate
September 4, 1996                      CONGRESSIONAL RECORD — HOUSE                                                    H9987
that has been fallen other multicul-         tection that has been implemented by       when tuition is already spiraling out of
tural, multi-ethnic nations. If we have      this Congress and by presidents on a bi-   reach for many working families. So
averted their fate so far, it is no small    partisan basis.                            either they are going to pay more or
thanks to our common language, our              My constituents could not have been     they are not going to be able to afford
common glue, our commonality, the            any louder or any clearer on this issue.   to go to college or to graduate school,
English language.                            They felt very strongly that the Re-       and they simply forgo that because
  As Winston Churchill said, the com-        publican leadership, in this case Speak-   they will not be able to get the help
mon language is a nation’s most price-       er GINGRICH and the rest of the Repub-     that is now afforded by the Federal
less inheritance, and when we pass on,       lican leadership, have the wrong prior-    Government.
this Nation, our traditions and our val-     ities, that when it comes to balancing       On the environment, basically the
ues, on to those people who are follow-      the budget and when it comes to the        Gingrich Congress rolled into town in
ing us, passing on a common language         priorities that have to be implemented     January 1995 determined to roll back
is our Nation’s most priceless inherit-      in order to balance that budget, that      major environmental protections in
ance that we can pass on. At the dawn        Medicare, Medicaid, education, and the     order to pay back the special interest
of the 21st century, Churchill’s obser-      environment were not the areas where       polluters who finance their campaigns.
vation, as usual, could not be more          cuts should be made.                       What we saw was that from the very
true. A common language is now more             Essentially what I was getting was      beginning the polluters were sitting
important than perhaps ever before.          the impression that the Gingrich Con-      down with the Republican leadership at
  My friends, we cannot stand idly by        gress, if you will, is out of touch with   the table and writing, or rewriting if
and hope that the global forces of sepa-     the American people and their con-         you will, environmental laws.
ratism will pass us by. That is like         cerns. I just wanted to review, because      I do not think that is in the best in-
closing our eyes and praying that a          I think many times now we are getting      terests of America’s families. Obvi-
hurricane will suddenly veer off and         very close to the election and a lot of    ously, people feel very strongly that
project a different path and spare our       times the public hears things that are     they should be able to breathe clean
town. We need to steel our national re-      very different from the actions that       air, drink clean water and eat safe
solve to the storm and solidify the ties     have been taken in this Congress by        food, and rolling back the environ-
that bind us together as a nation.           the Republican leadership in the last 2    mental protections, which we have
  I know the majority of the people in       years.                                     seen put in place on a bipartisan basis
this body have demonstrated on Au-              I just want to remind my colleagues     by Congress for the last 25 years since
gust 1 that they truly believe that Eng-     about some of the initiatives that we      Earth Day, is clearly not the way that
lish as our official language is the right   have seen in this 104th Congress. We       my constituents, and I think that most
course. I ask Members to join me once                                                   Americans, feel that we should be
                                             have seen an unprecedented Republican
again in a continuation of that strug-                                                  going.
                                             record of voting for extreme cuts in
                                                                                          Let me just give you an example.
gle and urge the Senate to take up this      Medicare, Medicaid, education, and the     You know one of the things that we
bill and finish the job. It is true we       environment essentially to finance tax     keep hearing is that this Congress has
stop depending on divine intervention        breaks for the wealthy.                    changed, that somehow the Republican
to spare our Nation from separatist             Since the Speaker NEWT GINGRICH,        leadership now understands that they
forces. We have an obligation as lead-       first pounded the gavel in January 1995,   cannot roll back environmental protec-
ers to the American people and to our        Medicare has essentially been under        tion, and they are starting to do a few
posterity. Let us send a clear message       siege in this Congress. The Gingrich       things here and there that maybe show
and signal to our colleagues in the Sen-     Congress again and again has tried to      that. But you know if you look at the
ate to make English our official lan-        destroy Medicare, threatening to in-       budget that was adopted earlier this
guage.                                       flict major hardships on millions of       year, in the spring of 1996, you see that
                                             senior citizens and their families. Also   it still contains all these poison pills
                                             this has been the biggest anti-edu-        from the old budget, extreme proposals
          CITIZEN CONCERNS
                                             cation Congress in history.                that go against America’s values. It
  The SPEAKER pro tempore. Under
the Speaker’s announced policy of May                            1830                   still eliminates the Medicaid guarantee
                                               The Gingrich Congress has contin-        of meaningful health benefits for mil-
12, 1995, the gentleman from New Jer-
                                             ually gone after education funding as a    lions of Americans, it still threatens
sey [Mr. PALLONE] is recognized for 60
                                             piggy bank, again for their tax breaks     Medicare with excessive cuts and dam-
minutes as the designee of the major-
                                             for the wealthy, targeting student         aging policies, it still cuts education,
ity leader.
                                             loans in particular. What I was hearing    and it still takes the environmental
  Mr. PALLONE. Mr. Speaker, I want-
                                             from my constituents at the various fo-    cop off the beat. What I mean by that
ed to take the floor tonight and ad-
                                             rums that I had was that right now the     is it cuts enforcement, and I have said
dress my colleagues over the fact that
                                                                                        over and over again here in the well
over the past month, essentially since       cost of higher education is prohibitive,
                                                                                        that it is very nice if you have good en-
we adjourned on August 2 for the 3- or       and whether you are going to a public
                                                                                        vironmental laws on the books, but if
4-week district work period, I had the       school, public university or a private
                                                                                        you do not have the money to enforce
opportunity to have a number of fo-          college or university, the costs con-
                                                                                        those laws, to send out the investiga-
rums, both general forums with my            tinue to skyrocket. The only way that
                                                                                        tors, to have the environmental cop on
constituents or specific forums or town      most Americans, that the average mid-
                                                                                        the beat so to speak, you might as well
meetings on the senior issues, on envi-      dle class American, can afford a college
                                                                                        not have the laws on the books at all.
ronmental issues, and also on edu-           education today is if they have some         And this is what we are seeing, a
cation issues. What I heard over and         combination of scholarship or grant or     budget that basically disregards Amer-
over again from my constituents was          student loan or work-study program,        ica’s values.
that they were very upset and they           and yet what we have seen here is the        I wanted to go into some of the
were very much opposed to the Repub-         Republican leadership constantly go        points on this budget, but I see that
lican leadership agenda that we have         after those very student loan programs     the gentlewoman from Connecticut,
seen in the Congress over this last ses-     or those very Federal grant programs       who has been so much a leader on mak-
sion now almost 2 years.                     or even the work-study programs that       ing some of these points, has joined
  What my constituents were telling          make it possible for many people, most     me, and if she would like to have some
me over and over again was that they         people, if you will right now, to go and   time yielded at this point?
did not want to cut Medicare. They did       to continue with their higher edu-           Ms. DELAURO. Yes, I appreciate my
not want to cut Medicaid. They did not       cation.                                    colleague yielding. I just wanted to
want to see massive cuts in higher edu-        And essentially, if the Gingrich Con-    make two or three points.
cation programs, and they certainly          gress gets its way, students and their       I think we have seen that Labor Day
did not want to turn the clock back on       parents would pay thousands of dollars     has come and gone, the August con-
the last 25 years of environmental pro-      more for a college education at a time     gressional work break is over, and as
H9988                                    CONGRESSIONAL RECORD — HOUSE                                        September 4, 1996
kids across this Nation are going back            And they did not stop there. Then        $10,000 tax deduction in order to get
to school, Members of Congress head             they skipped a few generations and         their kids to school or provide for edu-
back to Washington for this final push,         went on to seniors, the Medicare battle    cation or for skills and education
if you will, of the 104th Congress. In es-      of cutting $270 billion to pay for $245    training. Those are the kinds of things.
sence there is 1 more month of legisla-         billion in tax breaks for the wealthy.     The HOPE scholarships, $1,500 over 2
tive work before the November elec-             Why should we help seniors to pay for      years, a 2-year period of time, where if
tions.                                          their medical care? Rolling back nurs-     a child maintains a B average and
   Sometimes, and I do not know if this         ing home regulations. Why should we        stays drug-free that they will be able
is a fitting analogy, but for some peo-         protect vulnerable seniors? You know,      to get some education help. These are
ple the thought of Congress coming              the notion of shutting down rural hos-     the kinds of ways we need to point, di-
back to work makes working families             pitals. Why should we provide the un-      rectly point at working families in try-
across this country feel exactly what           derserved areas with medical care?         ing to help them, not a $600 billion, you
many women feel at the beginning of               Then they went after the environ-        know, tax break that will wind up
the fall football season. It is kind of a       ment, my colleague pointed out. They       going after seniors once again.
complete and utter dread as to what             let special interest polluters rewrite        Mr. PALLONE. The gentlewoman
else might be wrought on them. And              environmental laws. They actually had      could not be more on point, believe me.
after what they have seen with this             lobbyists sitting on the dias, which is    That is exactly what I was hearing, as
Congress over the last 20 months, I             only reserved for Members of Congress.     I said, for the 3 weeks before the Demo-
think that there are very few or no one           Why should we have clean air and         cratic Convention when we went to
wants to see Speaker GINGRICH and his           clean water? They cut funding for          Chicago. I had forums, town meetings
leadership back at work because, quite          Superfund clean ups. Why should we         every night and a lot of times during
frankly, there is just too much at              get rid of toxic waste dumps? And I        the day, and that is what I kept hear-
stake for people in their lives and the         know my colleague in New Jersey has        ing over and over again, that people
lives of working families.                      dealt with this issue over and over        want the Government to be involved in
   The legacy, and my colleague talked                                                     positive ways, to help them with edu-
                                                again. I have in my own community of
a little about this, the legacy of the                                                     cational programs, for example.
                                                Stratford, CT, where despite the two
104th Congress, the first Congress led                                                        I mean I had a forum in Piscataway,
                                                Government shutdowns and despite the
by a Republican majority and the Re-                                                       which is one of the towns that includes
                                                initiatives to try to cut back on the
publican leadership, their legislative                                                     Rutgers University or different parts of
                                                Superfund they were able to continue
agenda over the course of this last 20                                                     Rutgers University in my district, and
                                                with a project that can bring 1,500 jobs
months can simply be summed up in                                                          people would come up and say, look, we
                                                to Stratford, CT, immediately and then
three words, and that is ‘‘hurting work-                                                   cannot afford higher education. We
                                                be able to build on that. They threat-
ing families.’’                                                                            like the fact that the President has ex-
   Sometimes we forget where we start-          ened to open up the Arctic Natural
                                                                                           panded now a national direct student
ed and if the natural instincts of people       Wildlife Reserve to drilling. Why
                                                                                           loan program, we like the fact that
have been followed in this body over            should we conserve our national treas-
                                                                                           AmeriCorps is in place and you can
the last 20 months. But today, and I am         ures?
                                                                                           work and get a student loan and pay it
sure my colleague has read the press              And then they did not stop there.
                                                                                           back through working while you are in
today, a new CNN–USA Today-Gallup               They went directly to working fami-
                                                                                           college or afterward. Expand the oppor-
poll shows that American voters prefer          lies. They stopped passage of the mini-
                                                                                           tunities, use the Tax Code, if you will,
Democrats in Congress over Repub-               mum wage increase until medical sav-
                                                                                           as you suggested and as the President
licans by a 10-point margin. This is the        ings accounts were added to the Ken-
                                                                                           suggested and mentioned at the Demo-
biggest lead for Democrats since Re-            nedy-Kassebaum health care reform          cratic Convention, use the Tax Code to
publicans captured the Congress in No-          legislation.                               give the deduction, that we can deduct
vember 1994, and this is what USA                 It was very interesting on the mini-
                                                                                           tuition or that we can get the tax cred-
Today observed, and I quote:                    mum wage debate. It took all kinds of
                                                                                           it for the first 2 years of college, as the
  The polls suggest GOP control of the Con-     legislative and all kinds of parliamen-
                                                                                           President suggested, the HOPE schol-
gress gained in 1994 for the first time in 40   tary procedures in order for us to even    arship for example.
years could be in serious danger.               be able to get the minimum wage up on         I love the term ‘‘hope’’ because it is
  The poll also showed that 60 percent          the floor and try to get it passed.        so positive, and it is his hometown in
of the American public has a favorable            The whole issue of the medical sav-      Arkansas, and you know that is the
opinion of the Democratic Party com-            ings accounts which was brought up,        kind of thing that appeals, not to cut
pared to only 50 percent with a favor-          the medical savings accounts the Con-      back on these programs, not to cut
able opinion of Republicans. It is really       sumers Union has called a time bomb        back on student loans, not to say we
time to take stock of what has been             that will make health insurance less       are not going to have a direct student
done over the last 2 years with just 2          accessible and less affordable for many    loan program any more, not to elimi-
months left of this session of the Con-         Americans.                                 nate AmeriCorps, which is exactly
gress.                                            But the public did not support the       what the budget that was passed in this
  What the Republican leadership ad-            Republicans’ leadership effort to hurt     House does.
vocated, what they voted on, what they          children, and they do not support these       And if I can just say that I remember
pushed through the committee, the               efforts to hurt seniors.                   during the convention when, I think it
kinds of efforts that you have talked             What we will take a look at in the       was, the Vice President spoke and said,
about that were in the budget, that are         new proposal, this economic plan pro-      ‘‘I was there and I remember,’’ and I
coming back at us in another way over           posed by Bob Dole, is about close to       think that is exactly it. I mean we
and over again, what they pushed                $600 billion in a tax cut. If you had to   were here on the floor, we have seen
through the committee, what they                take, if you had to look at and if they    that they have proposed, and they can-
brought to the floor of the House; it is        had to look at cutting Medicare in         not hide behind it now and act as if
really quite significant and worth re-          order to provide for a $245 billion tax    they never proposed it. They not only
calling. Let me just mention a few              break for the wealthiest, where do they    proposed it, they still have it out there
things.                                         have to go to deal with $600 billion in    as the budget they are trying to work
  The Republicans started off the 104th         a tax break?                               with the terms of what appropriation
Congress by attacking kids, cutting               I know my colleagues from New Jer-       bills they move here.
Head Start. Why should we prepare               sey and I do support tax cuts for work-       So the reality is that they are still
kids for kindergarten? They wanted to           ing families. Let us take a look at how    trying to cut back on these higher edu-
cut the school lunch program. Why               we can help working families with edu-     cation programs and other things that
should we stop kids’ stomachs from              cation, with doing, you know, helping      are so important to the average Amer-
growling? They wanted to cut the stu-           people who are going to sell their         ican.
dent loan program. Why should we help           homes without having to pay a capital         Ms. DELAURO. Let me just make one
our kids with a college education?              gains tax, providing families with a       more point, because I think it is very
September 4, 1996                      CONGRESSIONAL RECORD — HOUSE                                                      H9989
clear this is not too long ago before we     1980’s, and people saw this dramatic         the basic fabric that is helping to hold
left for the August work period that         runup. We see now Dick Darman has            many American families together in
BILL THOMAS of California talked about       published his book which says today          very difficult economic times with re-
the Medicare Program as a socialist          that simply the deficits in the 1980’s       spect to wage increases and standards
program. Last week in Congress Daily,        were caused by the fact that they spent      of living. I thank the gentleman for
when someone asked the Speaker how           too much money, that the Reagan ad-          taking this time.
we could pay for the Dole economic           ministration spent too much money.             Mr. PALLONE. Mr. Speaker, the
plan, the $600 billion tax cut program,      As he says, it was primarily defense.        thing that I liked best about the Presi-
he said, well, we will have to go back       They fought, they fought this Congress       dent’s speech at the convention is that
and look at entitlement programs             all the time on that.                        he was basically talking about very
again maybe, and we will probably              The question is, Do we want to have        modest proposals; progressive steps, if
have to look to defense as well. So they     a replay? I think what we are starting       you will, that could move us forward
added that on.                               to see the American public say is we do      toward helping the average American,
  But the first, the very first, thing out   not want to go backward, we do not           and basically giving them responsibil-
of his mouth was the entitlement pro-        want to go to the 1980’s, we want to go      ity and opportunities so people could
grams again: Entitlement, Medicare.          to the year 2000. We want to go with a       do things for themselves, in a very
That is what we are talking about. So        budget that is balanced. We want to go       modest way. He did not talk about any
they are prepared to go back to trying       with kids that are competitive, kids         grandiose scheme that was going to
to cut Medicare and education again          that have skills, with kids who are edu-     solve all the problems of the world.
and all of the programs that people are      cated, and with families who can keep          That is the kind of thing that I get
utilizing for their families, not wasting    their standard of living, that is what       from my constituents. They come up
money on. Nobody is talking about            the future is about, and a targeted set      with very commonsense proposals, like
being spendthrifts and doing that. Peo-      of tax credits, some help for businesses,    we talked about the education proposal
ple are talking about a Medicare sys-        some help for education, some help for       with the tuition tax deduction or the
tem that has helped people, student          families, for older people that are          credit, $1,500 a year, something like
loans which help people, but if they are     going to sell their homes. That starts       that; modest things that will move us
going to try to go for $600 billion and      to make a lot of sense, and it is afford-    forward.
try to balance the budget at the same        able. It is affordable.                        I was very happy when the President
time and not cut defense, where is the         But to watch this other thing hap-         came out with some new environ-
money coming from?                           pen, this $600 billion, and to try to pre-   mental initiatives. Again, they were
                                             tend that it is not related to cutting       not anything grandiose, but he talked
                     1845                                                                 about how in the last 3 years since he
                                             Medicare, that it is not related to
  Mr. MILLER of California. Mr.              squeezing health care out of either          has been in office, in the Superfund
Speaker, if the gentleman will con-          Medicare or Medicaid, because when we        Program, we have cleaned more
tinue to yield, as I was listening ear-      are looking for $600 billion, that is        Superfund sites in the past 12 years,
lier, we are all kind of struck I think,     where we are going, because so far we        and he says he is going to make a
after being away from here for a             have not found the $245 billion without      major initiative over the next 4 years
month, to see how at the Republican          savaging those programs.                     to clean up, I think, two-thirds of the
convention there was this desire to re-        So far, what we have come to is we         sites or something like that; you know,
invent, if you will, the Republican          have kept their hands off of Medicaid        use the existing program to try to do
record.                                      for the time being; but if we are look-      the right thing, to clean up these sites.
  The most striking one is to come           ing to pay for the Dole tax break, we        That is what I hear.
back at the end of that and to have Bob      are going to go to Medicaid and we are         I had a couple of environmental fo-
Dole come out and support this $600          going to go right past that to Medi-         rums in towns that have several
billion tax cut, and then to suggest         care. So, effectively, he has put it all     Superfund sites. In each one of them
that somehow it is paid for; and then to     back on the table, because it is so big      there has been significant progress on
see the Speaker say maybe they would         and it is so sloppy and it is so             cleanup, real cleanup, permanent
look at defense, and to meanwhile have       untargeted that all it does is add to the    cleanup, not just capping the site with
Bob Dole going around the country            deficit and drive cuts in programs that      asphalt or something like that. They
saying that the administration is not        are absolutely vital to families in this     understood when we said, look, we are
spending enough on defense, that they        country if they are going to have their      making progress progress, but we want
have to spend more.                          parents and grandparents and them-           to do more. We want to accelerate the
  So the presidential candidate is say-      selves taken care of in future years.        progress. That is understood, as the
ing they are going to spend more on de-        I want to thank the gentleman for          President said.
fense than we are already spending           taking this time to point out this in-         Mr. MILLER of California. Mr.
today, and so we get back to the enti-       credible inconsistency. It was one           Speaker, I assume the gentleman is
tlements. Of course, when we get back        thing, there was sort of this one CON-       getting the response that I do in the
to the entitlements we get back to           GRESSIONAL RECORD when the whole             district that I represent. City officials
Medicare and to Medicaid, and we have        world was watching, but for 18 months        for the first time feel like the EPA and
struggled now for almost 2 years to try      when people were rather confused             Superfund is there to help them. They
to take their $270 billion tax cut that      about what was going on, these guys          have spent 10 years languishing, trying
was earmarked to come out of the Med-        were hacking and hewing and slashing         to get through this morass of complica-
icare funds and get that pared down to,      every program that moved, every bene-        tions, and all of a sudden here is this
now they are talking about 245 or 268 or     fit working families needed, that col-       administration, Carol Browner and our
some other number.                           lege students needed, that children          regional person, Felicia Marcus, who
  The question, in the middle of this,       needed, and nutrition programs and           are going out meeting with cities, the
Bob Dole dumps in $600 billion in tax        school lunch and Head Start Programs.        city dump, dealing with providing ef-
cuts and says you can afford this. We        They were in here slashing away. Then        forts to bring in new economic activ-
cannot get the budget passed, we shut        one day they found out the public was        ity, cleaning up the Superfund sites,
down the Government because we could         watching, the public found out about         committing resources, committing per-
not get the budget passed, we could not      it, changed its mind, and now they are       sonnel to doing this.
afford $270 billion in tax cuts.             trying to change their clothes. They           For the first time, the mayors and
  When we compare that to the Presi-         are trying to put some other patina on       city council people in my area that
dent who has put forth a program that        what it is they were doing.                  have had these problems from many
is in fact affordable and is targeted at       The fact of the matter is we want to       years ago are talking about this as a
populations that need it, of course,         judge people by what they are doing          positive agency. For 10 years they
what we are seeing is this huge skep-        when we are not paying attention.            looked at them like all they were doing
ticism, because we went through the          What they were doing was destroying          is hindering the city that was trying to
H9990                                  CONGRESSIONAL RECORD — HOUSE                                       September 4, 1996
get going. For the first time we see         outfall pipes or looking at the            ing to seniors, talking to parents, un-
this.                                        Superfund sites.                           derstanding the needs of the people in
  So we do not need a grandiose plan,          A lot of the remedy selection, if you    my district, I come back here ready to
what we need is someone who is com-          will, for the Superfund sites in my dis-   fight once more, just to stop this amaz-
mitted to carrying out the intent and        tricts were actually put together by       ing, amazing move to take us back-
purposes of the Superfund law, and get-      local citizen groups that got a grant      wards.
ting our communities cleaned up so we        from the Federal Government or from          I sit on the Committee on Appropria-
can get on with the kind of economic         the State, and actually had input to       tions, where I remember in the late
activity that is possible in those areas.    put together what the remedy should        night seeing our colleagues on the Re-
This is the first time I have ever heard     be to clean up the Superfund site. So      publican side trying to cut student
this from local city officials about that    when you talk about citizen rights, ex-    loans, cut drug-free school money, try-
program.                                     panding citizens’ ability to sue, right    ing to cut after-school jobs for youth.
  Ms. DELAURO. If the gentleman will         to know, the kinds of things the Presi-    The gentleman and I know, and it is
continue to yield, it is so clear, because   dent was talking about, these are the      the same in New Jersey and New York,
I have Stratford, CT, where since 1918       kinds of tools to empower them that        that the families, the mothers and fa-
the Raybestos Co. has been dumping, it       people want to use. They see Govern-       thers with whom we speak, want us to
was just toxic soup here, and despite        ment as this partnership to empower        be investing in education. They want
two shutdowns, we have had the               them to take on more responsibility        to take our kids forward to the 21st
Superfund Program working. There has         and to work locally with the Federal       century. They do not want to see us go
been such a cooperative effort between       dollars and with the State government      back. In fact, many of our communities
the Federal, State, and local govern-        to accomplish the goal.                    are really distressed about seeing
ment, working together to clean up             Mr. MILLER of California. If the gen-    school buildings that need so much
this site to put the cap down. There is      tleman will yield, that is the point.      work.
a developer who will come in and put         The President talked about Mr. Dole,         I was delighted when the President
up a shopping mall. We will have con-        talking about being a bridge to the        suggested that we put forth a bill that
struction jobs, we will have revenue to      past and a bridge to the future. In ef-    would invest over $5 billion in rebuild-
the State of Connecticut and an in-          fect, what you saw out here for 18         ing our schools.
crease in jobs. It is one of the best ex-    months was an attempt by the Repub-                             1900
amples of cooperation and of partner-        lican Party to go back to the past, to
                                             a time where there was not the EPA,           We have a lot of talk about comput-
ship.                                                                                   ers and bringing us forward to the 21st
  And as I mentioned a few minutes           where we did not have the Clean Water
                                             Act, where we did not have the Safe        century. Yet these kids go to schools
ago, during the shutdowns, even during                                                  where they are crumbling. We should
the shutdowns the Superfund Program          Drinking Water Act, where we did not
                                             have nutrition programs for children,      be really investing in our young people,
continued to work with the project,                                                     in education, so we can move forward.
help to provide money to keep it going,      when we did not have a Medicare pro-
                                             gram to take care of the elderly.             I also live in a district where we are
to keep it going, because of what it                                                    bordered by the Long Island Sound on
means for the future of that commu-            The fact is, that is being rejected.
                                             That is being rejected throughout the      one side and the Hudson River on the
nity. If the Republicans had had their                                                  other side. What a year we have had,
                                             country. Each and every time, as the
way over this past 20 months, EPA                                                       where we have seen so many environ-
                                             public learns more and more about
would be gone. It was over.                                                             mental regulations by our colleagues
  That is why what we need to do is, on      what this agenda was, what the rami-
                                             fications of this contract were on regu-   in the Republican Party; we have seen
a whole number of issues that have                                                      these regulations, at least attempts to
been talked about, whether it is school      latory reform, on environmental laws,
                                             on the nutrition laws, on our education    destroy these regulations. The gen-
lunch, college loans, the direction that                                                tleman from New Jersey [Mr. PALLONE]
                                             program, that has been rejected, and it
this march was moving in in terms of                                                    has been a real leader in this area.
                                             is being rejected overwhelmingly.
what it wanted to do, it was halted be-                                                    I know the majority of our constitu-
                                               We ought not to go back to those
cause of the public outcry. People said      days, because in fact our communities      ents want us to, yes, try and reform
no, these programs work. School lunch        have benefited from these environ-         some of these rules so that they work
works. Medicare works. The environ-          mental laws, our elderly have benefited    more effectively, but they do not want
mental regulations are good for us.          from programs like Medicare, and poor      to see us go backward. They want us to
They said no, so we had a stopping of        populations have benefited from the        continue to fight for clean water, clean
it.                                          Medicaid. We just cannot go back in        air. The gentlewoman from Connecti-
  My colleague, the gentleman from           this country. That is really what the      cut [Ms. DELAURO] and I have been
California, is right; it was almost unbe-    contract was about. It is about what       working to upgrade sewage treatment
lievable that the group who brought          the first year was about. It is what the   plants, as the gentleman from New Jer-
you the last 20 months was nowhere to        shutdown was about.                        sey has, because we understand that
be seen in San Diego. They were taken          It was about if you do not let us, to    there is a real balance between jobs,
off the screen. But if they had followed     go back to a time without Medicare,        economic development and cleaning up
their natural instincts, so many of          without Medicaid, without nutrition,       our environment. So we do not want to
these efforts that were really products      we are going to shut down the Govern-      go backward. We want to go forward,
of bipartisanship in years past would        ment. We have seen that show. We have      whether it is fighting for a clean envi-
have been gone.                              been there, we have done that. That is     ronment or fighting for a strong edu-
  Mr. PALLONE. Mr. Speaker, I just           unacceptable to the American public. I     cation, just to make sure that our fam-
wanted to follow up also with what the       think what we are starting to see is       ilies and our children have a bright fu-
gentlewoman was saying about this            people want to focus on the future, and    ture ahead. That is what this is all
whole idea of empowering the local           about the opportunity to have better       about.
people or citizen groups to get in-          communities, safer neighborhoods, and         Mr. Speaker, I was just in my office
volved. One of the things that the           more secure families as we go into the     doing some work. I heard the gen-
President mentioned also as an envi-         next century.                              tleman from New Jersey [Mr. PALLONE]
ronmental initiative for the next 4            Mrs. LOWEY. Mr. Speaker, will the        and the gentlewoman from Connecticut
years was expanding right to know.           gentleman yield?                           [Ms. DELAURO] talking about the im-
  When you talk to your local citizen          Mr. PALLONE. I yield to the gentle-      portant challenges ahead, and I am so
groups that had been involved in             woman from New York.                       pleased that we have leadership in the
Superfund or clean water, whatever it          Mrs. LOWEY. Mr. Speaker, I thank         White House working with us to make
happens to be, they all say the same         the gentleman for yielding. It is a        sure that we go forward to the 21st cen-
thing: We are playing a major role in        pleasure to be here this evening.          tury. We have a lot of work to do, and
finding out what the pollution prob-           Mr. Speaker, as I just came back         working together I know that we are
lems are, in investigating, going to         from a few weeks in my district, talk-     going to accomplish our goals.
September 4, 1996                    CONGRESSIONAL RECORD — HOUSE                                                      H9991
  As I am thinking about these various     dential leadership, where would we be        Mort Kondracke, when asked if they
issues, I remember sitting on this com-    today? Those riders would be in place.       would do things differently or do them
mittee and seeing my Republican col-         Mr. PALLONE. Exactly.                      the same, talked about doing the same
leagues trying to cut out 60 percent of      Mrs. LOWEY. I think it points up           things over again. There has been re-
the funds for prevention in trying to      how important a role all of our con-         cent commentary about the Medicare
make sure that our youngsters do not       stituents have. They attended town           system being a Socialist system. The
go near drugs. We need programs like       hall meetings. They wrote to their           public in no way can feel that they can
DARE, other substance abuse preven-        Members of Congress. They wrote to           put their trust in people who do not be-
tion programs, to be sure that the kids    the President saying, we want to go          lieve in Medicare, fundamentally do
understand in their gut that drugs         forward, we want to continue to work,        not believe in it, who want to cut back
should not be part of their lives. We      to clean up bodies of water like the         on the opportunity for education, make
hear a lot of talk, a lot of rhetoric      Long Island Sound and the Hudson             it more costly for them to be able to
about drugs are no good and we have to     River and other estuaries around the         get their kids to school and to jeopard-
do more. Yet the bottom line is on that    country. They do not want to go back-        ize what their retirement security is
committee the Republicans cut out 60       ward.                                        all about.
percent of the funds for substance           They understand that, yes, you can           Mr. Speaker, one thing we totally
abuse prevention programs.                 make these laws work better, you can         have not talked about at all is the raid
  I am hoping that we can continue to      cut out a lot of the waste, and we know      on pension funds. They were going to
work together to make sure that our        there is plenty all over the place. But      allow corporations to raid employee
schools are strong, that our environ-      they still want us to invest in cleaning     pension funds, not to utilize for health
ment is clean, that we protect our fam-    up these bodies of water because they        care or some other reason but for any-
ily and our children and the future and    understand that, in order to create          thing they wanted. It was going back
make sure we get that bridge to the        jobs, in order to create businesses, in      to the 1980’s, to the corporate raiders
21st century, not let any of our col-      order to keep our economy strong, our        who wound up taking the pension
                                           environmental regulations have to be         funds, investing in savings and loans or
leagues take us back. I thank the gen-
                                           in place because it is that balance that     junk bonds, and so forth, went belly up
tleman for all the work he his doing
                                           you, I, the gentlewoman from Con-            and put people’s pensions at risk.
and the gentlewoman from Connecticut                                                      That was on the table to happen. It
[Ms. DELAURO]. It is a pleasure to stop    necticut [Ms. DELAURO] and so many of
                                                                                        was stopped. But it is good to review
by and talk with them.                     our colleagues are trying to preserve.
                                                                                        and to understand where their inclina-
  Mr. PALLONE. Mr. Speaker, I appre-         Mr. PALLONE. Exactly.
                                                                                        tion would have taken this country,
ciate the gentlewoman’s comments. I          I yield to the gentlewoman from Con-
                                                                                        how they truly threatened the standard
think she is making the point that         necticut.
                                             Ms. DELAURO. I think one of the key        of living for working middle-class fami-
money is the key. The gentlewoman is
                                                                                        lies in this country, and given the
on the Committee on Appropriations.        issues is remembering, remembering
                                                                                        chance again, would do it again.
She pointed out that in many cases the     this last 20 months and what it has
                                                                                          Mr. PALLONE. Just to fall back
whole emphasis in this 104th Congress      been about.                                  again on what I was saying before, I
was on cutting money for environ-            If the natural instincts of the Repub-
                                                                                        had, I think, 3 senior forums, at least 3
mental programs, for example, for edu-     lican majority and leadership had been
                                                                                        senior forums during the break, When I
cation programs.                           followed, we would have seen the single
                                                                                        started the forums, each of them had
  Again we started out this evening by     biggest cuts in education that the           200 or 300 people. I was amazed at how
saying that, if you do not have the        United States has ever seen. We would        may people came out because they
money to hire the investigators to do      have seen the biggest assault on the         were concerned about what the Repub-
the enforcement, to upgrade the sew-       environment, as both of my colleagues        licans were doing on Medicare and
age treatment plants, for example,         here have talked about, that we have         Medicaid. They started out in each
then what is the use of having the envi-   seen since we started to try to do           case by giving me very positive sugges-
ronmental laws on the books? That is       something in a bipartisan way on             tions about how Medicare could be
what we saw. We saw, I think, initially    cleaning up the environment.                 changed to save money but actually ac-
an effort to try to cut back on some of      Mr. Speaker, we would have seen the        complish more, things like, well, we
the substantive environmental pro-         program that has probably been the           should include prescription drugs,
grams. And then when the Republicans       most responsible for helping American        maybe we have to pay something, $5 or
could not accomplish that, they went       seniors out of poverty, the Medicare         something like that but cover every-
to the Committee on Appropriations,        Program, we would have seen that             thing else for prescription drugs be-
and they tried to cut back on the          transformed into something else and          cause if you do that, that will prevent
money for enforcement, the money for       leaving people who have worked hard          us from having to go to the hospital or
investigation and then also put those      all of their lives, people who only truly    having to go to the nursing home. Pre-
legislative riders.                        want to have a decent and a secure re-       ventive.
  Remember that we had, I think there      tirement, something that they have             People started to talk about nutri-
were 17 legislative riders that were put   earned, we would have seen that pro-         tion programs, better diet or whatever
into the appropriations bill that my       gram devastated.                             for seniors as a method of prevention.
colleague and other Democrats on the         What is very interesting is that that      Or about home health care and how the
Committee on Appropriations fought         was stopped, by the public primarily,        Medicare was so limited in home
so hard to try to get eliminated, and      by the outrage of the American public,       health care and if you included that
eventually all the riders were elimi-      and the Democrats in the House and           home health care, it would prevent in-
nated. But it was a hard-fought battle.    the Senate and the President. But what       stitutionalization.
The public has to remember what this       is very interesting to note is that, and       Prior to this Congress, in Democratic
battle was all about. It continues. The    you can make reference to what hap-          Congresses, we were talking about ex-
budget that is out there now would         pened in this Congress to nightmare on       panding Medicare to do those things
again cut back significantly on all        Capitol Hill part I; and I think, if given   with the idea that you could save
these environmental programs.              another chance, we would see return of       money. But all of a sudden that was off
  Mrs. LOWEY. Mr. Speaker, I appre-        the nightmare part II, not by my com-        the table. We have not heard anything
ciate the gentleman mentioning those       mentary but by what has already been         like that for the last 2 years. These
riders again. As we know, if the Presi-    in print by Republican leadership. The       were just commonsense things that I
dent did not stand firm working with       Speaker, saying that to enact a Dole         was getting from my constituents.
the Democrats in Congress and eventu-      economic plan would mean cuts in en-         They were saying, those are the ways
ally some of our colleagues on the         titlements.                                  you can change Medicare to save
other side hearing from their constitu-      The third person in charge of this         money but be more helpful to us as
ents in the district came around, if we    House in the Republican leadership,          senior citizens in terms of our health
did not stand firm with strong Presi-      TOM DELAY, in a response to columnist        care.
H9992                                 CONGRESSIONAL RECORD — HOUSE                                        September 4, 1996
  I had to basically say, well, the rea-                        1915                    would be guaranteed, I guess, at least
son the Republican leadership is not          We should be there working on those       48 hours for natural delivery and 4
doing that is because they are really       kinds of changes, making it fair, and       days, I guess, for a C-section.
not trying to save or improve Medi-         not trying to get rid of Medicare and          These are the kinds of incremental
care, they just want to cut it so they      Medicaid, not making deep cuts in the       proposals on health care and dealing
can give back these huge tax breaks for     programs so they cannot function.           with health care issues that I think we
the wealthy. They want it to wither on        Now, we know we have held off the         can get passed, and that the President
the vine. They did not even want it         Republicans in this session because         has said ‘‘Send me this legislation and
from the beginning. You talking about       there has been such an uproar in the        I will sign it.’’ But, again, we have had
positive ways to improve this. That is      community. But I am hoping that with        a difficult time, an impossible time
not what this Republican Congress has       the Democrats actively working with         with this Republican leadership, in
been all about.                             the President, and with those col-          moving on this agenda.
  It is hard, though, to convince people    leagues on the opposite side of the aisle      Ms. DELAURO. The gentleman men-
of that because they have a hard time       who want to join us, we can continue        tioned the families first agenda which I
believing that elected representatives      working on changes to Medicare and          am terribly proud of. That effort was
would come down here and actually try       Medicaid to make these programs more        put together by Members traveling
to dismantle something that has been        efficient, but not cut back, not have       through their districts for the last sev-
                                            deep cuts, because that does not ac-        eral months and listening to people and
so effective, but that is the reality.
                                            complish anything.                          what their concerns are, some of the
  Mrs. LOWEY. The gentleman from
                                              So I am very glad that the gentleman      things we have talked about here to-
New Jersey brings up a very important
                                            brought up the kinds of things that he      night: How are they going to afford to
point and why this session for me was
                                            discussed in his town hall meetings, be-    send their kids to school? How do they
like a nightmare. It is hard to believe,
                                            cause I see that, too. I have been going    make sure they are meeting their obli-
first of all, that Members of Congress
                                            to senior centers, I have been talking      gation to their parents and meeting
who were duly elected would want to
                                            to my seniors. I have been talking to       their obligation to their kids? And
shut down the Government as these
                                            families.                                   their concern about their children in
Republicans did. It reminds me of, as
                                              It is not just seniors that care about    schools, with violence, how are they
the mother of three children, we have
                                            this, because the average family that it    going to maintain their standard of liv-
seen some kids that want to stand in
                                            feeling squeezed because they have to       ing, all of those kinds of things.
the corner and said, ‘‘I’m going to                                                        I know so many Members spent a lot
scream and scream until I get my            pay tuition to send kinds to college,
                                            the average family that has a couple of     of hours, I know my colleagues here
way.’’ It is kind of hard to believe that                                               did, just really in living rooms. I did so
they would have shut down the Govern-       kids is worried that if there are these
                                            deep cuts in Medicare and Medicaid          many meetings just in people’s living
ment.                                                                                   rooms, listening to what they have to
                                            that are proposed by our Republican
  Ms. DELAURO. Twice.                                                                   say. The families first agenda is about
                                            colleagues, they are worried that they
  Mrs. LOWEY. Twice. But it is that                                                     that. It is saying that families are first
                                            are going to be caught in the middle.
kind of attitude that is amazing. When                                                  and not last.
                                            They are going to have to pay their
you think about it, it really is extraor-                                                  The Contract With America was, and
                                            college tuition, they are going to have
dinary that elected representatives                                                     my gosh, they cannot run away fast
                                            to take care of their seniors that they
would do that.                                                                          enough from it now, they are running
                                            love, and they just cannot handle it all.
  Mr. Speaker, I have been in Congress        So I am very glad that we were able       away from the contract, from the lead-
now for about 8 years. We have had dif-     to hold off these draconian cuts, and       ership, with good reason, because it in
ferences of opinion among Republicans       hopefully we can work together in a bi-     fact had nothing to do with how we
and Democrats, among Democrats and          partisan and constructive way in the        were going to try to help people raise
Democrats. But eventually you sit           future to really continue to make           their standard of living and take care
down, you discuss it, you come up with      changes, but not to cut back.               of these kind of kitchen table issues
something that is common sense, that          Mr. PALLONE. I agree. In fact, one        and discussions that people have.
makes sense. The gentleman men-             of the things, I did have two forums, I        But the families first agenda is mod-
tioned the kinds of reforms and                                                         est. It is not big government. They are
                                            guess there were three forums where
changes that we have been talking                                                       not large bureaucracies, not grandiose
                                            we talked about the family first agen-
about all along. We had the 30th anni-                                                  ideas. It is some very basic, simple
                                            da, the Democratic family first agenda
versary of Medicare this year. We                                                       principles and initiatives which can be
                                            which, again, is a very modest series of
talked about various ways to improve                                                    implemented, around which there can
                                            proposals, but realistic in terms of our
the program, to make it better, ways                                                    be a consensus to get implementation:
                                            ability to pay for them and I think our
that we can root out real fraud and                                                     the targeted tax cuts for education
                                            ability to get them enacted. Again, it
abuse. We know that. But we have been                                                   that we talked about; health care in-
                                            kind of reiterated what you just said,
talking all these years, not about get-                                                 surance for children from zero to 13.
                                            which is that the families are hurting         Let us make sure our kids have
ting rid of it. The American people had     and that they need the Government to        health insurance. There are so many
one revolution. They do not want an-        help in some ways to make it so they        young families today where they can-
other one. We have been talking about       can take on more responsibility and         not afford to have insurance, and kids
how we make it better, whether it is        work together with the Government to        get sick. Kids get sick. That is a fact of
Medicare, Medicaid, or even Social Se-      improve everybody’s lives.                  life. Where the heck do you get the
curity.                                       Going back to health care again,          money to be able to take care of that
  We know that women, for example,          there was a lot of support for the Ken-     insurance?
who are the majority of the poor elder-     nedy-Kassebaum bill which the Presi-           Pension reform, making it easier for
ly in this country have been penalized      dent signed while we were in our dis-       businesses to offer pensions, making
for the years that they took off from       trict work period. But people also said     sure that pensions are accessible, mak-
work to raise their children. We have       they would like to see some of the ad-      ing sure that that kind of corporate
been working together to improve            ditional changes that were in the fam-      raiding of pensions is prohibited in
these programs so that women will not       ily first agenda, the idea of kids-only     some way. And there are proposals to
be penalized if they stay home. In fact,    health insurance for people that cannot     deal with that.
the bipartisan congressional caucus on      get health insurance just for their chil-      Child care proposals for working fam-
women’s issues, and there are very few      dren, addressing the drive-through de-      ilies, a big issue. How you are able to
things that are bipartisan around here      liveries. I was so pleased to see that      work? You have both parents working
these days, has been working on a           the President mentioned that at the         today. What do you do about child
group of what we call economic equity       convention, in his speech, that he          care?
bills so that we can improve the lives      would sign the bill that would prevent         There is also an initiative about
of seniors as they get older.               drive-through deliveries so that women      working with State government on
September 4, 1996                    CONGRESSIONAL RECORD — HOUSE                                                      H9993
jobs and looking at how we try to im-      agenda was really out of touch with         who believe deeply in doing some very
plement a program that gets money to       America’s values and what people            important lifting for this country.
the State. States put in matching          think we should be doing here in Con-         Preceding the 1994 election, Repub-
funds so we can create jobs around         gress. But, at the same time now, as        licans who were in the minority made
school construction and airports and       Democrats we have our own agenda,           a determination that we wanted to
roads and bridges and so forth.            the families first agenda. More and         present a very positive plan for the
  So a modest set of proposals that can    more what I found during the August         American people, and that this plan
be implemented. I think we can all be      break was that people understand that,      would be a statement of what we in-
proud of the families first agenda.        and they think that is the way to go,       tended to do if in fact we became part
  Mr. PALLONE. The other thing,            modest proposals to move forward in a       of a new majority.
when you were talking about the pen-       progressive way to help the average           We decided that we would set forward
sions, I heard a lot about the port-       American.                                   this plan in a Capitol steps event, and
ability. In the same way we were talk-                                                 not just invite incumbent Members of
ing about the health insurance port-                                                   Congress, but those that were challeng-
ability in the families first agenda you   REPORT ON RESOLUTION PROVID-                ing incumbent Members of Congress.
have the pension portability. A lot of       ING FOR CONSIDERATION OF                  We also decided we wanted people to
people came and said, ‘‘You know, I          H.R. 3719, THE SMALL BUSINESS             have a sense that if there was this new
can’t take my pension with me if I           PROGRAMS IMPROVEMENT ACT                  Congress, there would be a major shift
change my job.’’ That I think is part of     OF 1996                                   in policy and direction, and that we
the families first agenda too, which is      Mr. SOLOMON (during special or-           would promise to do much like what
a great idea, because so many people       ders), from the Committee on Rules,         might happen in Britain or Canada or
today have many jobs over the course       submitted a privileged report (Rept.        Israel, that when you had a change in
of their time they are working.            No. 104–773) on the resolution (H. Res.     government, you really had a change in
  Mrs. LOWEY. Mr. Speaker, I am glad       516) providing for consideration of the     direction.
the gentleman mentioned all of the         bill (H.R. 3719) to amend the Small           So we set out with what we called
factors that really working women are      Business Act and Small Business In-         the Contract With America. It was a
not just concerned about, many of          vestment Act of 1958, which was re-         contract that we collectively, Repub-
them are frantic about. In my district     ferred to the House Calendar and or-        licans, both incumbents and those
in Westchester County, this morning        dered to be printed.                        challenging, put together. When we
Secretary Reich spoke on the tele-                                                     started working on our Contract With
prompter, or whatever those big TV                                                     America, there were things we took
screens are called, to a large group of    REPORT ON RESOLUTION PROVID-                out because we could not sign if they
women that were there for a Working          ING FOR CONSIDERATION OF                  were still in. So what remained of our
Woman Conference. They got together          H.R. 3308, THE UNITED STATES              contract was a piece of effort that real-
because these women are so frustrated.       ARMED       FORCES      PROTECTION        ly had the support of almost everyone,
  It takes two to support a family           ACT                                       390-plus Members and challengers who
today, both the husband and the wife                                                   signed this Contract With America,
are there working, and there are a           Mr. SOLOMON (during special or-
                                                                                       and I was one of them.
whole lot of discussions about child       ders), from the Committee on Rules,           I remember when I was being inter-
care, how are they going to pay for        submitted a privileged report (Rept.        viewed by one of the editorial boards
child care, how are they going to send     No. 104–774) on the resolution (H. Res.     before the 1994 election, I was asked
their kids to college? They are worried    517) providing for consideration of the     how could I as a moderate Republican
about everyday living. That is why the     bill (H.R. 3308) to amend title 10, Unit-   sign on to the Contract With America,
President’s proposal for a $10,000 tax     ed States Code, to limit the placement      as if somehow this contract was some-
credit was talked about today, because     of United States forces under United        thing that I would not be proud to be
it is so important.                        Nations operational or tactical control,    associated with.
  I am hoping that we can really work      and for other purposes, which was re-         So I thought about it a second, and I
together to get some of these proposals    ferred to the House Calendar and or-        said to the people asking me the ques-
in the families first agenda through       dered to be printed.                        tion, ‘‘What do you think of the Demo-
this Congress, because they are not pie                                                crats’ Contract With America? The 8
in the sky, they are practical propos-                                                 reforms they want on opening day, the
                                              PRIDE IN THE CONTRACT WITH
als, creating partnerships between the                                                 10 reforms they want in the first 100
                                                          AMERICA
public and the private sector to create                                                days?’’
more child care positions, to make pen-      The SPEAKER pro tempore (Mr.                I asked the question and waited for
sion reform a real part of our congres-    HAYWORTH). Under a previous order of        an answer, and I waited. And finally I
sional agenda, to help women go out        the House, the gentleman from Con-          said, ‘‘Isn’t it interesting that the ma-
and start businesses.                      necticut [Mr. SHAYS] is recognized for      jority party,’’ the then Democrats who
  We have been involved with the glass     60 minutes.                                 were then the majority, ‘‘had no plan,
ceiling, and you know what happens           Mr. SHAYS. Mr. Speaker, it is my in-      didn’t share what they wanted to do,
when a woman hits that glass ceiling       tention to use about 30 minutes, give       no sense of direction?’’ And here you
in a big corporation. She takes all the    or take, and then yield back time           had a minority party that was not sure
skills she has learned in the commu-       which then will be claimed by the gen-      it would be in the majority, promising
nity as a mother, as a boss, and goes      tleman     from    Pennsylvania     [Mr.    they would do certain things.
out and starts her own business. But a     WELDON].                                      I said, ‘‘Isn’t it also interesting that
lot of these proposals in the families       With that, I would like to just thank     our Contract With America did not
first agenda are real, they are doable,    you for serving as Speaker, as Acting       criticize President Clinton or the 103d
and we can get them done, if we really     Speaker, and to tell you that I was         Congress or the 102d Congress or the
focus and work together.                   looking forward to addressing this          101st Congress?’’ There was not any
  So with President Clinton’s leader-      Chamber tonight, particularly more so       criticism of Democrats. It was just a
ship, working with those of us who         after hearing my colleagues who just        positive plan of what we wanted to do.
have been fighting for women and fami-     preceded me. For a variety of reasons,        The reforms in the first day of Con-
lies and children for a very long time,    I just strongly disagree with their at-     gress, those eight reforms, getting Con-
I think we can achieve our goals.          tempt to really spin what this Congress     gress to live under all the laws that we
  Mr. PALLONE. I appreciate that. I        has done.                                   imposed on the rest of the country,
just want to thank the two of you for        Let me say from the outset I have         Congress had exempted itself from the
joining in this special order tonight.     never been more proud to be a Repub-        Fair Labor Standards Act, the Civil
We sort of started out by saying how       lican in this 104th Congress, to serve      Rights Act, the Americans with Dis-
the GINGRICH Republican leadership         with so many other men and women            abilities Act, the age discrimination,
H9994                                 CONGRESSIONAL RECORD — HOUSE                                          September 4, 1996
the family and medical leave, the Oc-       cutting the school lunch program, the         billion under our plan, would go to $36
cupational Health and Safety Act, Em-       student loan program, Medicaid and            billion. That is a 50-percent increase in
ployee Polygraph Protection Act, the        Medicare. First and foremost, I have to       the student loan program. A 50-percent
Worker Protection Act and so on. This       be direct, we are not cutting those pro-      increase in the student loan program is
Congress put Congress under all the         grams. So the very premise on which           not a cut. It is an increase. It is a 50
laws we imposed on everyone else. So        my colleagues spoke is just wrong.            percent increase. So we are going to go
we are now under the 40-hour work-            Now, one of the things they talked          from $24 billion to $36 billion. What did
week. That was one of the reforms in        about was the earned income tax cred-         we propose? Republicans said that
our Contract With America. We also          it. This is a payment made to someone         when the student graduates, they have
cut the number of committees, we cut        who works but does not make enough            6 months in which they then pay the
the number of staff in the committees.      to pay taxes, so they get something           loan from that 6 months on. When they
  We did something that was really          back from other taxpayers. It is an           graduate for that first 6 months, that
monumental, though I think it is hard       earned income tax credit. They are            interest was paid by the taxpayer. We
to explain, we eliminated proxy voting.     working Americans who get something           wanted the student to pay that interest
                    1930                    from the government. They said we             from when they graduate to that first 6
                                            were cutting that program. Yet the            months and amortize it over the course
  Proxy voting was the process where a                                                    of a 10- or 15-year loan. That would
                                            program is going to grow from 1995 to
chairman would get a Member to sign a                                                     have amounted for the average loan to
                                            the year 2002 from $19.9 to $25 billion.
proxy that gave the chairman the right                                                    $9 more a month to a student with an
to cast his vote or her vote. And it was    Now, only in this place and where the
                                            virus is spreading, when you go from          average loan of about $17,000, $9 more a
the reason why chairmen controlled                                                        month now that they have been out of
the committees, because they had a          $19.9 to $25 billion do people call it a
                                            cut. This earned income tax credit is         school for 6 months. $9 more a month is
fistful of proxies. And when we elimi-                                                    the equivalent of, in my part of the
nated proxy voting, we brought democ-       important and we want it to go for
                                            families. We want to help families have       country, the price of a movie theater
racy back to Congress. In fact, there                                                     and a small Coke or a piece of pizza. I
were a lot of good Democrats who lost       money when they are working poor.
                                              The school lunch program is going to        have no problem telling the student for
in previous elections, not because they                                                   the good of the country that they can
were not trying to do the right thing,      grow from $5.1 billion to $6.8 billion.
                                            Again, only in this place and where the       pay $9 more a month after they have
it is just they could not get beyond                                                      graduated and are now working.
their chairman who had so many prox-        virus is spreading, when you grow from
                                            $5.1 billion to $6.8 billion do people call     But that notwithstanding, we still
ies in their pocket. They could not pass                                                  spend the same amount of money, $24
legislation that they themselves want-      it a cut.
                                              Now, what we did do is the following.       billion to $36 billion, a 50 percent in-
ed to pass what the American people                                                       crease in the student loan program.
had asked for.                              The school lunch program is going to
                                            grow at 5.5 percent more a year. It is          Medicaid, we are told that we wanted
  What this Congress is attempting to                                                     to cut Medicaid and that this is health
do, and we have succeeded in a whole        going to grow at 5.2 percent more a
                                            year. We said it should grow at 4.5 per-      care for the poor and nursing care for
host of areas, our first is we are trying                                                 the elderly. That grows from $89 billion
to get our financial house in order and     cent more each year. So we are going
                                            to spend 4.5 percent more each year.          to $127 billion under our plan. Only in
balance the Federal budget, not be-                                                       Washington when you go from $89 bil-
cause balancing the budget is the most      But then what we did is we said 20 per-
                                            cent of it, State and local governments       lion to $127 billion do people call it a
important thing or the end result. It is                                                  cut, but they just did. They just did.
the foundation. So in that sense it is      could reallocate. We got rid of all the
                                            Federal bureaucracy involved in the           Previous to my addressing Congress,
the most important because what is                                                        my colleagues said we were cutting the
built on top of it has to have a strong     program, saving the money so the stu-
                                            dents could have it, not the bureauc-         Medicaid program.
foundation. So we have to balance the                                                       Medicaid is the program, however,
budget and get our financial house in       racy. So we allowed the student loan
                                                                                          that I want to talk about in more de-
order so that when we do programs,          program to grow at 4.5 percent more
                                                                                          tail.
they will be on a strong financial foot-    each year. That enables it to grow from         We spent last year $178 billion, a lot
ing.                                        $5.1 billion to $6.8 billion in the seventh   of money. In the 7th year of our plan
  The second thing we need to do is         year.                                         we will spend $289 billion. That is a 60-
save our trust funds from bankruptcy,         We allowed governments, local gov-          percent increase in the amount of
particularly Medicare. We learned last      ernments, to transform and the States         spending that we will make in the sev-
year that Medicare would go bankrupt        to transform 20 percent of it, to trans-      enth year as opposed to what we did
in the year 2002. Now we are learning       fer it and to transform it so that a          last year. Now, only in Washington
that Medicare may go bankrupt in the        child in a suburban area who comes            when you go from $178 billion to $289
year 2000. It is going bankrupt because     with parents that make a decent in-           billion do people call it a cut.
more money is going out of the fund         come like myself would not have their           Now, people then said, well, you need
than coming in because we are spend-        daughter subsidized. Why should my            more money because you have more
ing too much money. So we are looking       daughter have 17 cents of her meals           seniors. If you have more seniors, you
to save Medicare.                           subsidized by the Federal Government          need more money. We do have more
  We had a plan and the President ve-       when I make a nice salary as a Member         seniors. On a per person basis per sen-
toed it. And he vetoed it when we           of Congress and my wife teaches? So we        ior we spend $4,800 on average per sen-
thought the fund was going bankrupt         were going to allow local communities         ior for Medicare. That is health care
in the year 2002. Since his veto we now     to take that money and spend it in            for the elderly and health care and
know it is going to go bankrupt basi-       communities that need it more, like           other assistance for those who have
cally in 19 to 20 months sooner. And        my cities of Bridgeport and Norwalk           disabilities.
our third effort is to transform our so-    and Stanford for kids who come from             In the seventh year we will spend
cial, our caretaking society into a car-    parents who do not have much income.          $7,100. That is a 49 percent increase per
ing society, to transform our social and      So rather than taking and slowing           person from last year to the seventh
corporate and agricultural welfare          the growth of this program and giving         year, or the year 2002. Yet my col-
state into a caring opportunity society.    some children less increase than they         leagues on the other side of the aisle
We want to end welfare not just for         would have gotten, they are going to          said we were mercilessly savaging Med-
people who have been on it for years        get more because we are going to take         icare. And yet it is going to grow 60
but for corporations and for those large    it from those who make a lot of money         percent in total and 49 percent per per-
farms in particular that have become        and give it to those who need it.             son.
addicted to government price supports,        The student loan program is another           Now, what did we do with Medicare?
and so on. So that is what our effort is.   example of where my colleagues are            We did not increase copayment to the
  Now my colleagues on the other side       just totally off base. Now, the student       senior. We did not increase the deduct-
of the aisle talked about the cruelty of    loan program, which was last year $20         ible. We did not increase the premium
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                       H9995
except for the wealthiest of wealthy.       really. I mean, I guess what I have to       They cannot have it both ways. We
The premium for those who are single,       say is I never thought the President         passed 13 budgets this past year. Our
who are seniors who make over $125,000,     would veto the Medicare plan. Why            colleagues on the other side of the aisle
they will have to pay all of Medicare       would he do it when we did not in-           said that some of them were harsh. I
part B. And if you are married and you      crease the copayment or deductible or        am not quite sure why they think that,
make over $175,000, you have to pay all     premium and gave seniors choice and          but they were signed into law by the
of Medicare part B. If you are married,     saves $240 billion? I do not understand      President. The President cannot sign
$175,000, you pay all of Medicare part B.   why he would have done that. There is        them into law and then say they are
  So we did not increase the copay-         no explanation for it.                       too harsh, nor can my colleagues vote
ment, did not increase the deductible,        It is just about as stupid as if I had     for it and then act like they did not
did not increase the premium. What we       said to my daughter, which I will not        vote for it.
also did, though, is we gave seniors        do, but if I said to my daughter, honey,       What have we tried to do? We tried to
choice. Right now a Medicare recipient      I want you to buy an automobile and I        get our financial house in order by cut-
has one program, a traditional fee-for-     want it to be full size because I want       ting, truly cutting discretionary spend-
service. We allow them to keep that         you to be in a big car. And I only have      ing, making Government smaller.
program if they want, but we then           $16,000, and I want it to be a full size                         1945
bring in the private sector, various        car. And I say that means you cannot,
HMO’s, allowing hospitals and doctors                                                      We want to return the power and the
                                            you can only get a cassette radio, you       money and the influence, take it away
to compete with HMO’s, allowing for         cannot get a CD and you will not be
medical savings accounts, allowing for                                                   from Washington, give it back to
                                            able to get a sun roof and leather seats.    States and local governments, and the
all these different programs. And the       It is going to be a big size care and it
only way that these new programs can                                                     reason we want to do that is we think
                                            is going to be stripped down. And give       the Federal Government has a one-size-
participate is that they offer some-        her this $16,000, and she comes back all
thing better than Medicare, because                                                      fits-all mentality. We think the Fed-
                                            excited and she says, Dad, I got the         eral Government basically says, adds
they have to draw people away from
                                            car. And Dad, you will not believe it; it    up all the people in the room, adds up
the traditional fee-for-service program.
                                            has a sunroof and it has a CD and it has     their collective shoe size, divides the
How do they do that? They do it by
                                            got leather seats. And I say to her, Jer-    number of people and their collective
doing something very logical.
  There is so much money to be made         emy, I told you you could not do that.       shoe size, and says there is an 81⁄2. I do
in Medicare, so many people are mak-        You were not supposed to do that. I get      not care if you wear a size 12, I do not
ing so much money that the private          mad at her because she did it because I      care if you wear a size 6. Wear it. One
sector can come in and give you better      wanted here to get a full sized car. And     size fits all no matter what part of the
service. They can give you eye care,        she said, I bought that full sized car.      country you come from.
                                            And by the way, Dad, here is a thou-           We believe that States and local gov-
dental care, a rebate on the copay-
                                            sand dollars back. It only cost me           ernments can do it better. We also
ment, the deductible or premium, and
                                            $15,000.                                     think that they can do it better with-
some have even in certain areas said
                                              Would it not have been stupid of me        out the Federal Government setting up
we can give a rebate, actually may pay
                                            to say, you did something wrong? You         a whole great deal of regulation and
all of MediGap. So now we have a Medi-
                                            got a better car with more things and        rules and a bureaucracy that siphons
care program that grows from 178 to 289
                                            you saved $1,000 and I say you cut           off 10, 20, 30 percent of what we choose
billion. We did not increase the copay-
                                            $1,000? I think that is pretty stupid, but   to spend for the people who we are ulti-
ment, did not increase the premium.                                                      mately trying to help.
We allow the private sector to come in      I do not think it is any different than
                                            what the President did. He basically           I look back and think of my 22 years
to offer eye care, dental care, a rebate                                                 in public life, and this summarizes
on the copayment or deductible or the       vetoed a bill that had no increase in co-
                                            payment, deductible or premium, gave         what I think government ultimately
premium and maybe even pay all of                                                        should do because it is what we want to
MediGap. What was our one mistake?          seniors choice and saved the country,
                                            the taxpayers $240 billion.                  do for our own children.
  We made a mistake. At least that is                                                      I have a dad who passed away re-
what the President said. What was that        Now, when I look at this program and
                                            I look at what we have been doing, I         cently, but he used to come back from
mistake? We happened to save $240 bil-                                                   New York City because I was on the
lion. Now, how were we able to do it?       am trying to think of what happened in
                                            the first 2 years of the Clinton adminis-    commuter line. My dad worked in New
Instead of the program growing at 10                                                     York from Darien, CT, and he would
percent a year, we had it grow at 7 per-    tration when they had their own Con-
                                                                                         come home every night, and I was the
cent a year. How were we able to have       gress. There was talk that we were
                                                                                         last of four boys, and all my brothers
the program grow at 7 percent a year?       forced into passing a minimum wage
                                                                                         were off in college and out of college,
Because when we asked the private sec-      bill. Some on our side supported it. But
                                                                                         and we would read stories that he had
tor how much they would require to          it is not lost on any of us that they did    read in the newspaper, and he would
offer the same as the fee-for-service       not attempt to pass the minimum wage         sometimes bring home an Ann Landers
program, they said, if you put 3 percent    bill when they controlled the House          column that he thought was interest-
more in the program, we can make            and the Senate and Congress. But when        ing, humorous, or instructive.
money off the program and give you          we passed the minimum wage bill, we            And Ann Landers said something
the traditional fee-for-service. We said,   did something more. We provided $8           that I think summarizes the feelings I
what happens if we give you 7 percent?      billion of tax cuts for businesses that      have about what we are about in this
They said, if you put 7 percent in the      employed people who make the least           104th Congress. She wrote: In the final
program, we can give better than the        amount of money, who in some cases           analysis it is not what you do for your
fee-for-service, we can give the eye        need to be trained, who are on welfare.      children but what you have taught
care, the dental care, the rebate on the    We are giving tax credits for small          them to do for themselves that will
copayment or the deductible or the          businesses so they can compete in a          make them successful human beings.
premium.                                    very competitive work environment.             I believe a caring society has to
  So now I am thinking about a pro-           We passed the welfare reform bill.         teach people how to grow the seeds,
gram that does not increase the copay-      That is a bill that the President said he    how to farm the land, how to fish, not
ment, the deductible, the premium,          wanted to pass and yet he could not          give them the food, not give them the
gives seniors choices and saves $240 bil-   pass it under a Democrat Congress. We        fish. When we give them the food or the
lion. Yet the President said, that is a     passed it in this Chamber. He said it        fish, that is a short-term effort; but
cut. Yet we are spending 60 percent         was too harsh. He said he did not like       when it goes from one generation to
more totally, 49 percent more per per-      it and he signs the bill.                    another generation, as it has both in
son. And I was trying to think of how         Now my colleagues on this side of the      terms of individual lives, in terms of
I would describe this.                      aisle have got to be careful when they       corporate write-offs, in terms of agri-
  The only way I can describe it, and it    talk about certain things they think         cultural subsidies, we make people de-
seems somewhat ludicrous, but it is         are harsh and then sign onto them.           pendent, we make them less efficient,
H9996                                CONGRESSIONAL RECORD — HOUSE                                       September 4, 1996
and frankly we have done something         care be under managed care, and the         lenge, and I am happy that, according
very cruel. There is nothing caring        logic was if the average man and            to their testimony, Mr. Speaker, they
about constantly giving people the food    woman in this country has managed           are operating in four States, and what
without ultimately teaching them how       care for health care, why should it not     they choose to do is go into a school or
to be independent.                         also apply for those who have it as sen-    go into a community, go into a State
  And so what we would like to do for      iors who would take it by choice, not       and actually put the computers, the
our own children and for our own fami-     by requirement, or those who have it        software into the schools and help kids
lies and the people we love, it seems to   as welfare recipients who pay no taxes,     through the necessary tutorial pro-
me ultimately we should do for those       who are getting health care at the tax-     grams where they train teachers and
in our society who need the most help.     payers’ expense; why should they not        then help teachers train kids about
  I believe this is the most caring Con-   have managed care, and why would            computers and the necessary software.
gress that I have ever, ever seen. I be-   they not have better health care, and         One of the unique ways they raise
lieve it is the most caring Congress be-   the fact is they have better health care    money for this project is by taking a
cause we are dealing with big issues;      by it being managed.                        certain percentage of the gross receipts
we are not sweeping things under the                                                   of individuals who are consumers who
rugs as had been swept under the rugs                                                  shop at their stores. So that also en-
for years and years and years under          IMPROVING EDUCATION IN OUR                courages people to shop and save their
previous Congresses. We are trying to                      NATION                      receipts and then give them to the
make our country self-sufficient, we         The SPEAKER pro tempore (Mr.              school kids to turn them in at the next
are trying to make our constituents        HAYWORTH). Under the Speaker’s an-          school day so that they can be credited
self-sufficient, we are trying to bring    nounced policy of May 12, 1995, the gen-    at the end of the day for more and ad-
the money and the power and the influ-     tleman from Louisiana [Mr. FIELDS] is       ditional software.
                                           recognized for 60 minutes.                    So that is in fact, Mr, Speaker and
ence back home where it belongs.
  With that Mr. Speaker, I would like        Mr. FIELDS of Louisiana. Mr. Speak-       Members, a program that I am very
to yield back the balance of my time. If   er and Members of the House, tonight I      pleased about, and I want to put the
my colleague is here, I am not yet                                                     testimony of Audrey Easaw into the
                                           rise to talk about two very important
                                                                                       RECORD.
about to give it up, but I do not see      issues; one, education, and how we            They not only buy computers, but
him, but when I do I will yield it back,   move forward in this Congress and in        they also buy telescopes, microscopes,
but just continue by saying that as a      Congresses to come as relates to edu-       math equipment. TV’s, VCR’s, and
moderate Republican I take some real       cation from a budgetary perspective. I      other equipment that the school may
interest in the fact that this Congress    would first like to bring to the House’s    need as relates to telecommunication
that is deemed to be a conservative        attention a meeting that the Edu-           and communications in general.
Congress is dealing with some very im-     cation Caucus held on July 31 of 1996.        They have also established an adopt-
portant issues, whether it is health       Right before we left for the August         a-school program, and I am talking
care reform which we passed and the        break we had a caucus meeting, and we       about these programs, Mr. Speaker, be-
President signed into law, whether it is   talked about bringing businesses to-        cause I want individuals to know what
welfare reform, whether it was the tax     gether to talk about how we can get         kind of impact businesses can have on
cuts found in the minimum wage bill,       businesses involved in improving edu-       schools, because there are many
whether it was the telecom bill that       cation for our country because we feel      schools across America, quite frankly
passed recently. We have a major agen-     that that, Mr. Speaker, is a relation-      speaking, that just do not have the
da, some of which has been passed into     ship and a marriage that must be            necessary dollars in order to improve
law by President Clinton, others which     forged all across this country in order     the infrastructure, in order to improve
have been vetoed. Sadly, he vetoed 2       to improve the quality of education in      the computer technology within the
welfare bills. Sadly, he vetoed our Med-   this Nation. I am very happy that Sen-      schools, and therefore businesses can
icare reform bill. Sadly, he vetoed our    ator WELLSTONE from the other body,         merge or forge a relationship with
Medicaid bill, which was an attempt to     who is the co-chair along with myself       schools and actually get a benefit as a
allow State governments the oppor-         of this Education Caucus, cochaired         result of it. They have an adopt-a-
tunity to manage health care for the       this meeting with me, and we had sev-       school program where they target over
poor because, frankly, that is where       eral panelists who discussed various        10,000 businesses per year to challenge
you have seen the greatest reforms.        ways that the business community            them to put matching funds from their
  One of the things I am most proud        could help in improving education in        employees. When their employees give
about as a Republican is that 31, I        this country.                               money, then they challenge businesses
think 32, of the 50 Governors happen to      One of the panelists, Mr. Speaker and     to match those funds as well.
be Republicans. They represent 75 per-     Members, was Audrey Easaw from                We have the opinion that government
cent of all the American people, and       Giant Food. She was the project man-        cannot do everything and cannot do it
the faith that I have in our plan to       ager for Apples for Students Plus.          all, not only in education, but in any
bring the money and the power and the        This is a very unique program that        facet of our society. But when we have
influence from Washington to local         Giant Food market decided to institute      everybody pulling that wagon in the
communities, the satisfaction that I       in several States across the country,       same direction, then we can get there a
have, is the knowledge that we have        and we certainly urge other businesses      lot quicker.
had Governors, Republican Governors        across America to do the same, because        So I would like to put the testimony
and Democrat Governors, who have           when businesses actually take an inter-     of Miss Audrey Easau in the RECORD,
made Medicare work on a State and          est in education in which they get divi-    and next I want to talk about a Mr.
local level, who are making welfare re-    dends in the long run because, after all,   Norman Manasa. He is from the Na-
form work on a State and local level.      these are the individuals that they will    tional Education Project Inc. who tes-
  The State of Connecticut has welfare     be employing to run their businesses.       tified before the caucus, the Education
reform, and one of the things we have      Giant Food market decided to embark         Caucus. They started and initiated a
done, which is a very caring aspect of     upon a program where they actually go       nationwide tutorial program serving
this effort, is that in our welfare re-    in and put computers in schools.            medium-sized cities. They decided to
form bill in the State of Connecticut,       I mean you have heard the President       go into medium-sized cities and actu-
while we are pushing people off of wel-    and you have heard the Vice President       ally build schools and have a tutorial
fare, when they work they are allowed      talk about the need to put computers        program to educate kids in math, read-
to keep their welfare health care, and     in every classroom across America to        ing, science, and other subjects, and
by their keeping their health care they    bring our kids into the 21st century        they do it very intense. They actually
are able to protect their families while   and to also prepare them for the Super-     go into a school and have schools to
they are working in a job that does not    highway, Information Highway.               open up hours and actually have tutors
yet provide that. So our State is saving     Giant supermarket has already taken       on staff to help train kids in the nec-
money as well by having welfare health     this challenge and accepted this chal-      essary subjects.
September 4, 1996                    CONGRESSIONAL RECORD — HOUSE                                                       H9997
  I mean, that is another program that     many of their employees to go into the           I would like just to talk a little bit
we saw to urge businesses to play a        schools, because they realize that            about this program, and then I will
role, because we feel that that cer-       many of today’s students will be to-          yield to my distinguished colleague,
tainly will help strengthen our edu-       morrow’s employees. So they are train-        the gentleman from Illinois [Mr. JACK-
cational system all across this coun-      ing their employees, and they have a          SON] who I have been joined by, who is
try.                                       particular division, as I appreciated, of     also a distinguished member of the
  No government funds are required for     their operation to go into schools,           Education Caucus, to further talk
this effort. It is designed to directly    inner-city schools, and teach kids            about the President’s initiative.
impact elementary and college stu-         about new technologies that are avail-           Key elements of this program are
dents as well. Undergraduate institu-      able.                                         very simple: Up to 50 percent of the in-
tions are targeted and supported by          It just goes to show you what can           terest subsidy for new schools, new
corporate sponsors. Students are re-       happen and what should happen when            school construction and renovation,
quired to provide 60 hours of tutoring     business and education connect, and I         one will be able to access under this $5-
per semester as a part of a 3-credit       would like to put all of this informa-        billion program. The initiative will re-
course. So they also have the colleges     tion in the RECORD, because these are         duce interest rates on new school con-
involved, which is very unique because     individuals who testified before the          struction and renovation projects by
I mean if you can give a college stu-      Education Caucus committee and did a          up to 50 percent, with a sliding subsidy
dent credit for going into the commu-      great job. We certainly do not want           scale dependent on the need.
nity and actually tutoring a kid, that     their information, this information, to          So this is not where a school system,
is something that certainly not only       go unnoticed.                                 Mr. Speaker, can just walk in and say
builds this Nation educationally, but it     Mr. Speaker, next I want to talk            ‘‘I want to benefit from this new sub-
also gives a student some sense of com-    about an initiative that the President        sidized program.’’ They must have the
munity service as well.                    initiated some weeks or a couple of           qualifications in order to participate.
  Decca Armstrong, who is from the         months ago. We have often talked              It is going to spur about $20 billion in
National Cable Television Association,     about how the Government can play a           new construction. This $5 billion will
spoke of two of the cable industry’s       role in improving the infrastructure of       end up being about $20 billion, based on
major educational initiatives.             schools across America. I am very             the number of construction dollars
                                           pleased that the President decided to         that will actually be put into schools
                    2000
                                           start an initiative to help local schools     over a 4-year period.
  One is cable in the classroom, and ca-   across America build their infrastruc-
ble’s high-speed educational connec-                                                        The interest reduction is equivalent
                                           ture.                                         to subsidizing $1 out of every $4 for
tion. Those were two important pro-          As we know, there are many schools
grams that he spoke of during the edu-                                                   construction. This is something we
                                           across America who do not have the fi-
cation caucus meeting. Since 1989 cable                                                  have needed for a long time. Now poor
                                           nancial wherewithal to improve their
companies have worked with school                                                        school districts across America can
                                           infrastructure. We all know that there
districts. Approximately 75,000 schools                                                  now say ‘‘We can afford to refurbish
                                           is a serious problem with schools de-
nationwide have been provided free                                                       our schools, we can afford to ren-
                                           caying. We have schools that are fall-
cable connection through this program.                                                   ovate,’’ and in some cases even build
                                           ing by the very bricks that are holding
Thirty-five programs provide 540 hours                                                   new schools.
                                           them up. We have schools that could
each month of quality commercial-free                                                       The goal of the 25-percent increase in
                                           not pass a code on any day of the week,
programming. All of this is free.                                                        school construction over the 4 years is
                                           but they are still open and they are
  Here again, this is where businesses                                                   a very simple one. On average we spend
                                           still in the process, in the business of
play a very key role in helping our edu-                                                 about $10 billion a year in present dol-
                                           educating our children.
cational system across this country          Our schools in many instances or in         lars in school construction, $40 billion
improve,      not    only    from     an   some instances are in worse condition         over a 4-year period, which means that
infrastructural viewpoint, in terms of     than jails and other facilities in the        we will, if we put $20 billion over a 4-
computers and actual physical plant of     area. So the President has made a deci-       year period each year, that will be sub-
the building, but also getting into the    sion, proposed a new initiative to help       stantial dollars in school construction.
classroom and dealing with the meat of     communities and States to help rebuild        These are one-time construction initia-
the educational systems, teaching and      the Nation’s schools. This is a very          tives, paid fully by the one-time spec-
tutoring kids about the different sub-     straightforward program, one that the         trum auction that the President has
jects.                                     Education Caucus supports. We have            decided to pay for this program out of.
  Teachers are provided with instruc-      talked about it for a long time. We are       So these are not new tax dollars, these
tional materials and curricula supplies    glad that the President has taken the         are money that will come from the
to assist them in classrooms. This is      initiative to bring it to the forefront,      one-time spectrum auction.
very needed because there are so many      and also put money behind it and sup-            Local and State governments main-
teachers who work into classrooms          port it as well. It is not a free-fall pro-   tain the responsibility and control over
every day and do not have the nec-         gram, it is a program that will put           construction. Still, education and con-
essary tools to teach. So when busi-       about $5 billion into infrastructure          struction is still the responsibility of
nesses get involved and help supply        building across America.                      local and State government. The Fed-
teachers with the necessary school sup-      Individuals have to, quite frankly,         eral Government is not stepping in and
plies, and the students, then it cer-      start their new construction or ren-          seizing that responsibility. It is only
tainly makes for a better educational      ovate their schools, refurbish their          assisting. I have often said, and I say
situation in that classroom. Because       schools, and 50 percent of the interest       today, that education is a partnership.
we can have the best classroom in the      money they spend on building their            It is not a State problem or a State
world, and if the teacher does not have    schools or refurbishing their schools         responsbility or a local problem or a
the tools to teach, the books, comput-     will be subsidized by this $5 billion pro-    local responsibility or a Federal prob-
ers, and other tools and resources, then   gram.                                         lem or a Federal responsibility. Edu-
very little learning will probably take      We have talked enough about refur-          cation is a partnership. We all have to
place in that classroom.                   bishing and rebuilding schools in             play a role in improving the quality of
  Last, we heard from Mr. William Oli-     America. We all know that is a serious        education for our kids.
ver from Bell South who addressed the      problem and a serious calamity. In               Mr. Speaker, I yield to my colleague,
Education Caucus on the availability       order for us to make our schools what         the gentleman from Illinois [Mr. JACK-
of new technology and the availability     they should be, it is going to take ini-      SON].
of employees who are prepared to ac-       tiatives like this. It is going to take          Mr. JACKSON of Illinois. Mr. Speak-
cept the challenges that corporate         initiatives like what the business com-       er, let me begin by taking this oppor-
America is sure to present them. His       munity is doing. We encourage more of         tunity to thank the distinguished gen-
perspective was more they are training     them to do the same, to do so.                tleman from Louisiana [Mr. FIELDS] for
H9998                                   CONGRESSIONAL RECORD — HOUSE                                         September 4, 1996
being so kind as to allow me the privi-         Second, schools do not have the phys-      tional spectra, particularly between
lege of participating in this special         ical infrastructure to allow our stu-        channels 60 and 69, to help jump-start
order.                                        dents to meet the challenges of the 21st     this proposal.
  I was in my district this past August,      Century. Many schools do not have the          State and local governments must
certainly there for the Democratic con-       physical infrastructure to make the          maintain responsibility and control.
vention, but also in town hall meetings       best use of computers, printers, or          The States would administer the bulk
and working with constituents. I had          other equipment. About 50 percent,           of the subsidies, while the largest
the opportunity to talk to, as I do on        about 46 percent of the schools report       school districts would apply directly to
many occasions, some young people in          inadequate electrical wiring for com-        the U.S. Department of Education.
my district, some of whom were fulfill-       puters and communications tech-                Let me just add this, Mr. Speaker. In
ing their responsibilities with their         nology.                                      my district, particularly in the south
summer jobs. Some of the young people           We have already passed a bill in this      suburban part of the Second Congres-
for the very first time, it really set me     Congress. Now we must update the             sional District, we have seen the steel
aback, Mr. FIELDS, when one of the            schools so they can be the recipients,       industry leave. We have seen large
young men said he had three friends           the much-needed recipients of the leg-       manufacturing jobs leave our area.
who had been to the university. I said,       islation we passed in this body.             Therefore, we are now putting a dis-
‘‘They have been to what college?’’             Expected enrollment growth imposes         proportionate amount of the education
  North Carolina A&T State, that is           an additional burden on many of these        and the local municipality’s burden for
where I graduated, and you went to            physical facilities. Many school dis-        social services on local homeowners.
Southern Louisiana in Baton Rouge,            tricts also face the need to build new         One way beyond the welfare bill to
Louisiana. I said, ‘‘What university did      schools to accommodate this enroll-          put people back to work is to get in-
they go to?’’ They said, ‘‘No, we are         ment growth. Public school enrollment        dustries to relocate to these areas so
talking about the university in Joliet.’’     in grades K through 12 is expected to        they can share their fair share of the
I know, as well as the gentleman prob-        rise 20 percent between 1990 and 2004.       tax burden. But in the absence of in-
ably knows, as well as millions of            So the President’s proposal to spend $5      dustries that are getting to these
Americans know there is no university         billion rebuilding the infrastructure of     areas, we have declining schools in
in Joliet. What he was referring to was       our Nation’s schools is very timely and      Harvey, in Markham, in Phoenix, in
the jail in Joliet. Now it is becoming        very important.                              Dixmoor, in Ford Heights, that need a
more street language, if you will, more         I realize we are both Members of this      boost that only the Federal Govern-
street-appropriate, to not refer to jail      distinguished body, and I know we are        ment at this time can provide.
as a place of incarceration but to refer      both very supportive of this proposal,
to it as a university.                                                                                          2015
                                              but I would encourage constituents of
  My father always says that it is a                                                         Mr. FIELDS of Louisiana. I want to
                                              other Members to certainly call their
real sad day in our country when jails                                                     thank the gentleman. I want to share
                                              office to let them know that they sup-
are becoming a step up. After all, in                                                      with the gentleman also some statis-
                                              port this initiative. They can do that
jails they have heat in the wintertime                                                     tics from his State as well as my State
                                              simply by calling 202–225–3121. Call
and they have air conditioning in the                                                      as relates to the GAO report, the re-
                                              your Member of Congress and say this
summertime. They have three square                                                         cent report, as relates to the infra-
                                              is a very important proposal that
meals a day. They have organized                                                           structure of schools across the Nation.
                                              should be supported.
recreation. They have health care and                                                        I do not know if the gentleman is
                                                There are the key elements to the
medical attention while they are in                                                        aware, but if we take the State of Illi-
                                              President’s legislative initiative, the
jail. They have library facilities. They                                                   nois, the percentage of schools report-
                                              school construction initiative, that we
have organized religion; certainly spir-                                                   ing at least one inadequate original
                                              should highlight. Up to 50 percent in-
itual development, even if it is done on                                                   building in Illinois is 29.2 percent of the
                                              terest subsidy for new school construc-
an ad hoc or unofficial basis. You can                                                     schools and in Louisiana, 28.0. So from
                                              tion and renovation. This initiative
get your high school diploma while you
                                              will reduce the interest cost on new         that perspective, Illinois and Louisi-
are in jail. You can get a GED.
                                              school construction and renovation           ana, as most of the schools if we look
  For many people in my district, cer-
tainly in the City of Chicago and             projects by up to 50 percent with a slid-    at the chart, we see schools across the
around the country, many young men            ing subsidy scale, depending on the          country in the teens, high teens. Flor-
are now joining their fathers for the         school district’s needs. There is $20 bil-   ida 18.3, Georgia 18.5, Hawaii 16.3, Idaho
first time in jails. This is the first time   lion in school construction spurred by       27.4, Kansas 33.7. When we talk about
we are looking at two and three gen-          $5 billion in Federal jump-start funding     the percentage of schools reporting at
erations of young men and in many             over 4 years. The interest reduction is      least one inadequate original building,
cases young women who are part of our         equivalent to subsidizing $1 billion out     it is a devastating number or percent-
penal system.                                 of every $4 billion in construction and      age as relates to this report.
  One of the reasons I am so impressed        renovation spending.                           Then the percentage of schools re-
with the President’s initiative to re-          There is a goal of 25 percent increase     porting at least one inadequate at-
build the infrastructure of schools in        in school construction over 4 years. Na-     tached and/or detached permanent ad-
our Nation, what we are really trying         tional spending on school construction       dition, in Illinois, your State, it is 8.8
to do here is put jails on an even play-      and renovation is currently at about         percent. In Louisiana it is 8.7 percent.
ing field, a level playing field, with the    $10 billion a year, or $40 billion over 4    Here again the numbers in Louisiana
schools. We want the schools to be            years. By focusing on incremental or         and Illinois are somewhat the same.
raised to the levels where they become        net additional construction projects,          On page 33 of the GAO report. The
a real choice, a real alternative for our     this initiative aims to ensure that at       percentage of schools reporting at least
young people.                                 least half of the $20 billion supported      one inadequate temporary building in
  On President Clinton’s proposal, this       by Federal subsidies would not be oth-       Illinois, your State, 4.4 percent, and in
new initiative to help local commu-           erwise incurred, a one-time construc-        Louisiana which is, I think Louisiana
nities and States rebuild the Nation’s        tion initiative fully paid by a one-time     almost leads the Nation from this per-
schools. Here are the realities. One-         spectrum auction.                            spective, 24.8. South Carolina with 29.4.
third of all schools, serving about 14          This part of the bill is controversial,      It just goes to show how schools all
million students, need extensive repair       because I have certainly raised con-         across America, we need to invest in
or replacement. According to the GAO,         cerns in my own district and certainly       infrastructure. Just the other year we
about 60 percent of schools have at           in my city about our constant using of       passed legislation that put $30 billion,
least one major building feature in dis-      spectrum auctions for the purpose of fi-     actually about $12 billion, $17 billion in
repair, such as leaky roofs or crum-          nancing these projects. But who can          building jails. What is wrong with put-
bling walls. Over 50 percent have at          deny that rebuilding the infrastruc-         ting $5 billion in helping local and
least one environmental problem, such         tures of our schools does not warrant        State government refurbish their
as poor indoor quality of air.                the need for us to consider selling addi-    schools.
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                      H9999
  Percentage of schools reporting at          Mr. JACKSON of Illinois. If the gen-      save the town more than $1.7 million in
least one inadequate onsite building,       tleman will yield, six schools in Wash-     interest cost over the life of the $5 mil-
31.0 percent in Illinois and 38.6 percent   ington, DC, did not open for the very       lion bond. This is equivalent to saving
in Louisiana. Very interesting num-         same reason that the gentleman is           $1.2 million immediately, a savings of
bers. We can go down the list and we        speaking of.                                roughly 23 percent off the face value.
see that many of our schools across           Mr. FIELDS of Louisiana. I think we          Let us look at Metropolis. I represent
America are in great need of repair.        have to press that issue. I think we        the city of Chicago and I also represent
  I was looking at page 66 of the GAO       have to get real serious about the safe-    Ruraltown. In the city of Metropolis,
report where it talked about the de-        ty and soundness of our schools and the     Chicago, IL, typical problems. Like
scription of the estimate in terms of       conditions of our schools for the inter-    cities across the Nation, Metropolis
what it would cost to get schools into      est of not only the students and the        has a large school construction and
a status where they should be in terms      teachers but for the interest of edu-       renovation need. Two of its schools
of improving infrastructure. Very in-       cation, period. I think we have to send     need major renovations, including
teresting numbers. Nationwide, the          a very strong message that if a school      plumbing and new roofs, and an addi-
total amount estimated needed to put        does not pass the necessary codes, if it    tional elementary school is needed to
American schools into good overall          is not up to par, then it should not        accommodate a rapidly growing school
condition, GAO estimated that it            open.                                       age population. Here are the typical
would take $112 billion. That is an in-       I am one of the strongest advocates,      costs. The repairs and two new school
vestment we have to make to our chil-       as the gentleman is, in this House as       buildings are expected to be about $10
dren not as a Federal Government, I         relates to education. But I do not think    million, $2 million each for the major
am talking State, local, Federal, busi-     we ought to allow schools to open,          renovations of the two existing facili-
ness, we all must come together to im-      schools that do not meet the code, be-      ties, and about $6 million for the new
prove the quality of education. We can-     cause we will not allow a person to         elementary school.
not expect kids to learn in a school        open up a barber shop, and one cannot          The typical obstacles: Despite the
that does not have an air conditioner       opine the thought that we have more         clear need for the repairs and the two
during the summertime. It just does         than interest in a barber shop or a         new schools, the school board has been
not make sense. Or a heater during the      shoeshine shop than we have in a            reluctant to propose issuing a bond
wintertime. For crying out loud, if a       school, an elementary and secondary         when it could be rejected as too costly.
prisoner was in prison and they did not     school.                                     As a result, only emergency repairs
have an air conditioner during the            Mr. JACKSON of Illinois. If the gen-      funded out of an operations account
summertime, then some Federal judge         tleman will yield further, one of our       have been undertaken.
would close the prison down. We have        colleagues a little while ago on the           Here is the impact of the President’s
to make sure that we invest in our fu-      other side of the aisle indicated that a    school construction initiative. It re-
ture.                                       part of the welfare initiative was to       duces the local cost of school construc-
  Mr. JACKSON of Illinois. If the gen-      move tax consumers off of the welfare       tion. The President’s proposal would
tleman will yield, it would be cruel and    rolls and make them productive. Who         cut interest payments in half, saving
unusual punishment. For students to         can argue with that? We want to move        Metropolis $5 million in interest costs
be in school without adequate heat in       people who consume taxes off of the         over the life of the $10 million bond.
the wintertime or air conditioning in       welfare rolls. But the only way to move     This is equivalent to saving about $2.9
the summertime, I think it is cruel and     them from our perspective off of the        million immediately, a savings of
unusual punishment. Would the gen-          welfare rolls is to take a tax consumer     about 29 percent off of the face value. I
tleman agree?                               and make a revenue generator out of         think this is a good initiative that
  Mr. FIELDS of Louisiana. Abso-            them. Someone who generates revenue         should enjoy broad bipartisan support.
lutely, no question about it. The edu-      obviously has a job. When people have          Mr. FIELDS of Louisiana. Abso-
cation caucus, as the gentleman             jobs, they pay taxes. When taxes are        lutely. I think the President is so right
knows, we have made it a point not to       paid, deficits go down, interest rates go   on this initiative. And if others, local,
bash members, to make it a partisan         down, and people who pay taxes also         State, and the business community
issue, because education is not a par-      pay to local governments, they pay to       will all join hands and do something
tisan issue. It is a nonpartisan issue.     State governments and they also pay         similar, just work with this initiative
Both sides of the aisle agree that we       the Federal Government. That is how         or have one similar to it, we can refur-
must improve the quality of education.      we can rebuild the infrastructure of        bish, rebuild and have new construc-
We have to get out of the business of       these schools. But there is a presuppo-     tion of schools all across America so
pointing fingers because while we point     sition there that we have a plan to put     we can give our kids an opportunity to
fingers, we have kids out there who do      people to work, to move them from           learn again.
not have the kind of schools that they      welfare to work. That is clearly the           We cannot, and I have said it over
need, that are conducive for learning,      next phase that we find ourselves in.       and over again tonight, we cannot ex-
teachers that are not paid the kind of        I would like to just use two examples     pect learning to take place in a class-
salaries that they deserve in order to      for some of our colleagues who may be       room when you have students walking
live, in order to take care of their day-   listening in their offices. Let us take     in the classrooms all across America
to-day expenses like a house note, a car    the town of Ruraltown, USA. A typical       that do not have the proper tools. What
note, and things of that nature.            problem. The town of Ruraltown has          purpose does it serve when we have stu-
  Further, the average amount esti-         three schools in need of major renova-      dents sitting in classrooms when they
mated needed per school, this is an in-     tions to improve air quality ventila-       do not even have the proper textbooks?
teresting figure, $1.7 million. That is     tion and the roofs. Typical cost to re-     We have three and four students shar-
the average amount, according to GAO,       pair of these schools is expected to be     ing the same textbook. We have some
that is needed to repair a school, $1.7     about $5 million. Some of the typical       students that do not have a textbook
million. We ought to have a summit          obstacles in Ruraltown. Ruraltown           at all. These are real situations that
with Federal, State, and local officials    faces difficult challenges in renovating    teachers have to deal with on a day-to-
to talk about how we get these schools      its schooling. Its tax base is too small    day basis. We have to address that ca-
up to par.                                  to pay for the necessary renovations,       lamity. The biggest national threat we
  You cannot open a barber shop in          and bond financing is obviously too ex-     have in this country is how we deal
Baton Rouge, LA unless you pass all of      pensive.                                    with education and how we deal with
the fire codes, unless you pass all of        Here is the impact of the President’s     illiteracy. We have to give our kids a
the city codes. We had schools open up      proposal on this school construction        fighting chance.
yesterday, I grant you in Baton Rouge,      initiative. It reduces local cost of           A final example. Who is committing
LA, and Chicago, IL, and in Washing-        school construction. The President’s        crimes in this country? Over 83 percent
ton, DC, that could not pass a code, a      proposal would cut the interest rate        of the people in jail are, what, high
city code, if they tried.                   paid by Ruraltown in half. This would       school dropouts? The people involved
H10000                                CONGRESSIONAL RECORD — HOUSE                                        September 4, 1996
in drugs for the most part, many of         had a closed school, not because we had       I will be joining our local school dis-
them are high school dropouts. Most of      a hurricane or a tornado but out of the     trict on Net Day, where we will have 4
the people who are unemployed, high         wear and tear, those children who hun-      days in October to bring in volunteers.
school dropouts. We have to do a better     gered for education. In fact, we saw the    That is how we have to do it, bring in
job of retaining our kids in school and     little preschoolers and the kinder-         volunteers to try to make sure that our
do a better job of educating our youth.     gartners with tears in their eyes be-       schools are accessible to the Internet
  I see we have been joined by the gen-     cause they were not going to be at          and that our children have the
tlewoman from Texas [Ms. JACKSON-           their school, the school in fact that       Internet.
LEE]. I will be happy to yield to the       their mother, their father, their grand-      I heard you discuss that before I
gentlewoman.                                parents because it was a community          came over, that you were talking about
  Ms. JACKSON-LEE of Texas. Mr.             school, it had some years on it, their      technology and the importance of tech-
Speaker, I thank the gentleman from         neighbors had gone to, collapsed roof.      nology. Well, this plea going out for
Louisiana and certainly the gentleman                                                   Net Day ’96 is saying we need you to
from Illinois. I could not help but lis-                         2030
                                                                                        come volunteer, because obviously
ten to your very effective and pointed        This was not the only school that         there are not enough funds. We are
advocacy for the education of our chil-     was suffering from that problem. I sup-     going to make sure that those who ben-
dren. I was working in my office and as     port both the Education Caucus leader-      efit from the telecommunciations bill,
I listened to you, I was engaged in a       ship and the President’s leadership,        and they have already joined in on
conversation with a Carol Douglas, a        who I can call the Education President,     that, so this is not an indictment, but
constituent who is executive director       that with a mere $1.7 million per school    that they will embrace these schools
of the NAACP in my district or in the       would have allowed those children to        and make sure they have the right
community of Houston. We were talk-         open their eyes to knowledge by going       kinds of computers.
ing about a program where we would be       into that school for the very first day.      I have been to schools in my district
passing on the torch of leadership of         It is interesting that in addition to     where children are lined up to use one
the NAACP to young people through-          this question of school buildings, we       computer, and the computer is out-
out the community. As I listened, it        found that our schools opened where         dated. So it takes me a back a little bit
seemed so much in line with your dis-       children did not have school supplies.      to even hear some of the rhetoric about
cussion, because education helps to         There were various campaigns to en-         how we can educate our children, or
pass on the torch to our children.          sure that children have school supplies.    leave it to the communities, or it is too
  I am reminded of the weeks that have        Now, I read a letter to the editor, and   costly to renovate these schools.
just passed. We have had several con-       they said they have always fed their          The gentleman from Louisiana [Mr.
ventions, both Republican and Demo-         children, they do not believe in school     FIELDS] has been speaking about this
cratic. It saddened me to hear the dis-     lunches, and I would imagine that           for a period of years. I hope that this
carding of something that I think all       same writer would say they did not be-      Congress can rise to the occasion and
Americans have accepted. As I recall        lieve in helping youngsters with their      join in on this effort, that we may
my early pioneer history, if you will,      school supplies.                            reach the hamlets and towns and cities
when we studied the history of early          I can assure you that working moth-       that are now missing the value of a
America, from the colonial days to the      ers, working parents, single parents        clean and dry and good education, be-
charge and challenge, go west, young        who work very hard to get their chil-       cause they are in facilities that are in
man or young woman, it was commu-           dren to school, it is a burden to get the   total disrepair.
nities that built up around issues in-      school supplies. So we have a whole           Let met just add this point as I listen
volving thriving or growing. So, for ex-    realm of concerns that face us in try-      to your further debate as well. It both-
ample, in the colonies, it was the com-     ing to educate our children. I was glad     ers me when we can take it to such a
munity that built a school. In essence,     to participate with several corporate       level to begin to label teachers. I heard
it takes a village. When the pioneers       partners in Houston to try to get some      a discussion of Teachers’ Unions. I
went west, in fact, as I understand it,     school supplies to the most needy of        have had teachers all during the month
they gathered in certain areas and they     the children.                               of August right after that statement
did not live 10 blocks away from each         When we disregard the value of edu-       was made in a public setting at the
other or 20 blocks, they lived sort of in   cation, I think we throw away the 21st      convention, the Republican conven-
a very close radius of each other and it    century. We in Houston recognize that       tion, wonder why they were under at-
was a community, in essence, the vil-       we have to be part of the entire coun-      tack? These are teachers that have
lage, who built the public school. Out      try when it comes to education. You         taken their summers to work in our
of those schools, those log cabin           cannot be isolated on this issue. You       schools, to help our children get ahead.
schools came the concept of public          cannot make it a partisan issue. You        These are teachers that work after
schools which helped to make America        cannot disregard the community’s in-        hours and do tutorials. These are
the world power that it became as it        terest, the village interest in educating   teachers who sacrifice because they be-
moved into the 1900’s and then as it        a child.                                    lieve in our children. These are teach-
moved into the 1930’s and 1940’s as we        We have schools that do not even          ers who buy clothes for our children
began to educate and submit to the          have computers. I heard the gentleman       who may not have all of the needs.
world Nobel Peace Prize winners such        from Louisiana [Mr. FIELDS] talk about        So I hope we take a different spin in
as Dr. King, Nobel laureates in lit-        the bare essentials such as textbooks,      the Education Caucus under the leader-
erature and science, it came out of the     current textbooks. We are going into        ship of the gentleman from Louisiana
infrastructure of the public school. So     the world of the superhighway, and as       [Mr. FIELDS] that we know that teach-
I am taken aback that we would even         we passed the Telecommunications            ers are a partner with us in trying to
have a discourse or discussion where        Act, one of the concerns of many of us,     educate our children, along with par-
one party seems to be castigating the       the Education Caucus, was out front         ents, community, church, and govern-
reality of how important it is to have      and forward on having the Internet be       ment. I hope that we will not be in the
a system, a public school system along      accessible to our schools and libraries.    business, if you will, of castigating any
with a private school system and char-      Now that the law is passed, it behooves     group that raises itself up as a vehicle
ter schools but a real system that puts     us not to sit back and watch the            of helping to educate our children.
children first. I applaud the President.    progress, without ensuring that the           I know that I will leave this week
Because let me say to you, you gave         inner-city schools and rural schools        and go back and interact with our chil-
examples of rural America and metrop-       and schools that typically would not be     dren in the schools and interact with
olis, I come from the fourth largest        at the forefront of high-income chil-       teachers and make myself available to
city in the Nation. We just enjoyed         dren or high-income families share in       be of assistance, to be of help. So I ap-
your very fair and fine city. I want you    this, and we certainly applaud those        plaud this one hour that you have been
to know, we started out this school         who are able in this country to be able     focusing on this, because it burdened
year with collapsed school roofs. We        to access the Internet.                     me throughout the whole time that we
September 4, 1996                     CONGRESSIONAL RECORD — HOUSE                                                    H10001
were in our districts, of this impor-       nated incomes. They do not feel they        intend to suggest that there were not
tance of education, and what my chil-       can afford even the equivalent of a can     the good folk across the community
dren in the 18th Congressional District     of soda or a bag of potato chips a day      who care about children. But obviously
needed to make them equal partners in       to help subsidize the local school. The     they can be guided in another direction
the world. I hope this Congress rises to    middle class in this area, their incomes    when they hear maybe a small core of
your challenge.                             have likewise stagnated. So the stu-        individuals focusing only on one as-
  Mr. JACKSON of Illinois. Will the         dents were caught in the middle, the        pect, which is the cost, recognizing
gentleman yield for a question?             school almost closing. The State fund-      that a vast number of people are deal-
  Mr. Speaker, my colleague men-            ing formula in our State is a little re-    ing with stagnant income.
tioned schools in her dsitrict where the    gressive. Therefore this particular           In fact, some of our seniors had been
roofs had actually collapsed. What          school district does not have the same      hearing the stories of cuts in Medicare
local initiatives are taking place in her   kind of funding that schools in the         and cuts in Medicaid for our children.
district to repair those schools and in     northern part of the city of Chicago or     So they were kind of really concerned
what way could the President’s pro-         other more affluent suburbs have.           listing to the debate on the House floor
posal help subsidize those initiatives?       So I certainly recognize that the gen-    by the Republican majority of cutting
  Ms. JACKSON-LEE of Texas. Mr.             tlewoman’s concern about schools in         their Medicare. With that in mind, all
Speaker, I thank the gentleman for          her district are very similar to referen-   of that impacts of decisions how you
that question. We have attempted, in        dums that we have fought in our dis-        expend dollars. Obviously a bond elec-
fact I think the President’s initiative     trict. Voters want to vote for better       tion means an increase in taxes.
is going to help spur us on, because we     schools, but if their incomes have stag-      Let me compliment the districts for
attempted to pass a bond election. Un-      nated and they do not feel that a can of    sucking it in, if you will. With the
fortunately, we were not successful, be-    soda or a bag of potato chips is worth      meager funds they had, they got them-
cause I think the clear message of the      the increase because they do not see        selves together to fix those schools
need of our children did not really hit     the real, if you will, the real dividends   that needed to be fixed. But in fact the
the voters.                                 in terms of cost-benefit to their actual    example that you cited out of Chicago,
  More importantly, I think that they       contribution to the school system,          and this initiative in cooperation with
were confused as to how we could best       then our students again are caught in       our President and the education caucus
leverage those bond dollars with a Fed-     the middle.                                 advocacy, that includes funding for
eral effort. Now with the President’s         Mr. FIELDS of Louisiana. I thank          schools in terms of renovation, but also
effort, we stand in a much better stead     the gentleman. While we are on the          the value of the community coming to-
to partnership with our local voters        subject of Illinois, I had an opportunity   gether with young people to say we
and to partnership with the President       during the convention to visit your         love our schools too. This is our school
to do the right thing for our children.     State and your district. The most im-       and we love it too.
So we have been challenged by the                                                         Mr. Speaker, we have had examples
                                            pressive thing that I saw during that
President’s initiative. That will be an                                                 of our young people eliminating the
                                            convention, during my week stay in Il-
initiative that will carry us very far as                                               graffiti, for example, and painting the
                                            linois, was the fact that young people
we plan to work with his program and                                                    walls. So it is important for America
                                            came together. The refurbished a
ensure that there is real local partici-                                                to know the value of youngsters who
                                            school in Chicago, Area Academy,
pation and that the right information                                                   themselves value education. How can
                                            which as a matter of fact you had a lot
gets to our voters and our parents, who                                                 we do less for these youngsters by let-
                                            to do with that.
                                                                                        ting them down, by having them at-
are saddened by the loss because of           Because of your insistence and be-
                                                                                        tend schools in rural and urban areas
confusion offered by those who are al-      cause of your commitment to schools,
                                                                                        where the roof will fall in? What is $1.7
ways challenging government in terms        we were able to get young people to-
                                                                                        million, not with any disregard for the
of taxes, giving wrong information.         gether to go, as the gentlewoman
  Now I think we have the right infor-                                                  cost, but in terms of an investment in
                                            knows, and paint and clean and scrub
mation and the right leadership by way                                                  your child’s future?
                                            bathrooms and just refurbish the Area         And what can we take from the his-
of the President with this initiative to    Academy. Now that school is open to         tory of America, where public schools
help local communities like Houston         first through third graders. I think        have been the mainstay, if you will, of
and the school districts there.             they started school today or yesterday.     educating most of America? Any orator
  Mr. JACKSON of Illinois. If I may, I      And that was because of the work, the       that you want to call, any scientist
would like to share with the gentle-        sweat of young people.                      that you want to call, any educator
woman an instance in my district.             Now, but for that effort, that com-
                                                                                        that you want to call, you can find
There is a high school called Bloom         munity effort, with young people actu-
                                                                                        them tracing their roots at some point
High School located in a south suburb       ally going into that school, and they
                                                                                        to an early education by the public
and area in my district, and we tried       felt good about it. Just to see young
                                                                                        schools.
twice to pass a referendum whereby we       people doing that, and feeling good
would increase property taxes to            about it as a project, and you see the                          1930
roughly the cost of a can of soda. And      little kids in first through third grades     I think that we have a lot of way to
what actually ended up happening was        just sitting there coloring, making nice    go, but it is important that we focus on
it failed twice.                            little signs because administrator          education for our children.
  So we sent our workers into the field     Carol Browner, for example, was one of        Mr. FIELDS of Louisiana. It is like
to find out why we could not pass this      the persons who went in and actually        the unique bumper sticker that we
referendum. A little bit about the          scrubbed and cleaned and painted. It        have all seen in our travels, if you can
school: This school begins classes at 9     was just an amazing thing.                  read this, thank a teacher. You cannot
o’clock in the morning and roughly            Mr. Speaker, if more people across        put it any more pointedly than that. If
ends about 1 o’clock. We cannot afford      America just took the time to take a        you can read this, thank a teacher.
to pay the teachers a full salary. This     little time to go into schools and refur-     Mr. JACKSON of Illinois. Mr. Speak-
is a high school with a tremendous          bish them, repaint them, you just           er, if the gentleman will continue to
amount of students. Even one of our         should have seen the smiles on those        yield, I know that the distinguished
more famous syndicated columnists is        kids’ faces. I enjoyed it.                  gentlewoman from Texas spent a con-
a graduate of this particular high            Mr. FIELDS of Louisiana. I yield to       siderable amount of time engaging in
school.                                     the gentlewoman.                            the debate that took place on the floor
  We found that our senior citizens           Ms. JACKSON-LEE of Texas. Before          of this Congress. I know she was very
whose incomes have basically stag-          you leave that point, there is such a       active in the committee. I think we
nated, who would traditionally vote to      joy in your comments about that, and        have to move now, though, to the meat
help students and pay for more and          that was a very fine example, because       and the potatoes of this initiative.
better schools, decided to vote against     you hit home with what happened in            It is easy for this initiative, in 1996,
the referendum because of their stag-       our community. I did not in any way         during this particular period, to be
H10002                               CONGRESSIONAL RECORD — HOUSE                                         September 4, 1996
called campaign rhetoric and empty         expanded program, I do not know if the       ing. How many of us faced this school
promises, unless we move our discourse     gentleman was speaking of an ex-             year the fact that we did not have
to how are we going to pay for this.       panded program, a serious problem in         enough space in some of our schools
Can this be paid for. I know that not      terms of the number of dollars we need       that might have been in good repair to
long ago we passed an appropriations       to improve all of the American schools.      even come to the school and sit in
measure in this Congress that in-          It was in the billions, I forgot the exact   classrooms or enough teachers to teach
creased the military budget by $7 bil-     number. But we have to focus on it. I        these children?
lion more than the President re-           think it has to be a partnership be-           I think the more that Americans
quested. I know that we are talking        tween local, State, and Federal govern-      hear about the needs of our children, I
about balancing the budget in 7 years      ment.                                        think they will discard the rhetoric of
using CBO numbers. The President has         Mr. JACKSON of Illinois. Mr. Speak-        big government. Because what we are
made that commitment. We have heard        er, I think that the leveraging, I might     talking about is getting right back
those numbers mentioned on both sides      add, of the $5 billion, the GAO has also     home, not big government and large of-
of the aisle. Whether or not it is actu-   suggested that it could be upwards of        fices here in Washington. It is informa-
ally doable in 7 years is another issue.   $20 billion when you consider local and      tion that we need to assist our local
But I do not want this proposal, and I     State and even private funds that            school districts, our parents, our teach-
think the gentleman from Louisiana         would go into such an initiative.            ers at home. I think the leveraging of
and other members on both sides of the       Mr. FIELDS of Louisiana. These dol-        those dollars will be vital but we face
aisle, they do not want this proposal to   lars are the dollars for the interest sub-   both overcrowding and disrepair. And
get lost in pork barrel election year      sidy. You have to spend money on the         we also face the lack of resources for
rhetoric. Can we afford this proposal?     construction first in order to benefit       high technology.
  Ms. JACKSON-LEE of Texas. Mr.            from the dollars, the $5 billion, because      So I thank the gentleman for this
Speaker, absolutely. Primarily because     the $5 billion is not, they are not con-     time and will recommit myself as a
already we have gotten a commitment,       struction dollars per se. They are the       member of the Education Caucus to
and many of us have, as the gentlemen      interest, 50 percent of the interest of      translate a fiscally responsible budget
here on the floor, have engaged vigor-     construction dollars. That is why we         back to the children in our community.
ously in debate on the balanced budget     have come up with the figure of about          Mr. FIELDS of Louisiana. Mr. Speak-
amendment. It is interesting, for those    $20 billion over a course of 4 years, $20    er, I yield to the gentleman from Illi-
of us who come from urban and rural        billion a year, actually.                    nois [Mr. JACKSON].
America, to say to Americans, we are         Let me add a couple other things just        Mr. JACKSON of Illinois. Mr. Speak-
not afraid of a balanced budget. I think   to shed some light on how serious this       er, I thank the distinguished gen-
it is a question of priorities. And when   problem is across the Nation.                tleman from Louisiana for his out-
you get some $7–8 billion more than          I am about to read from the GAO re-        standing work in this area and also
not only the President but the Defense     port, page 16. They did an extensive re-     join him as well as the distinguished
Department wanted, then we have a          port, and I think the gentlewoman,           gentlewoman from Texas in congratu-
problem.                                   Senator MOSELEY-BRAUN, ought to be           lating the senior Senator from the
  Yes, we can. And education can be        commended for requesting such infor-         State of Illinois, CAROL MOSELEY-
comfortably funded without an excess       mation. About a third of all, about a        BRAUN, for her outstanding work in
burden on taxpayers in America, with       third of the students in America, which      this area.
reasoned tax cuts that have been of-       is about 14 million, attend schools with       Why do we have this problem? We
fered, such as the mortgage tax deduc-     one inadequate building. About 60 per-       have this problem in part because of ir-
tion. As we are well aware, the edu-       cent of the students in America, which       responsible supply side tax policies of
cation tax benefits that may come. It      is about 25 million, attend schools with     the seventies and the eighties that
can be funded. We should realize that      at least one inadequate building fea-        really put our Nation and our Govern-
and the President has both that pro-       ture. The same number, about 25 mil-         ment into a deep hole. The past 15
gram and both that structure that can      lion, attend schools in buildings with       years we have seen incomes stagnate
allow us to enhance education and also     at least one unsatisfactory environ-         for most Americans, particularly mid-
balance the budget.                        mental condition which means asbestos        dle-class Americans, while their Fed-
  Mr. JACKSON of Illinois. Is this an-     problems are still a real problem with-      eral taxes have unfortunately risen.
other big government program that is       in our school systems. About 12 million      But the reality is that the only way we
coming from Washington, DC, another        students, 30 percent, attend schools         are going to be able to repair our Na-
big bureaucracy that we are trying to      with both problems, at least one inad-       tion’s schools and put our children
create? I am sure we will be hearing a     equate building, one inadequate build-       back on track is not to make any more
lot of that.                               ing feature and some problems with the       proposals, any more voodoo tax propos-
  Ms. JACKSON-LEE of Texas. What I         environmental aspects. So it is a real       als.
like about this program is that it part-   problem that affects schools all across        These buildings, this infrastructure
nerships with local government. There      this Nation.                                 that needs to be fixed is going to cost
is one thing about local government, it      Looking at this report, there is not       and we are going to have to pay for it.
is under scrutiny. And, therefore, when    one State in this country that is not        We either pay for it in the form of re-
you say moneys are designated for ren-     affected. Every State in the United          building the infrastructure of our
ovation, repair, rehab, internet, or       States of America is affected by this        schools, putting legible and good books
computers or books, you can be assured     school infrastructure problem.               in the hands of our young people. Some
those parents, those teachers, those li-     Mr. Speaker, I have about 5 more           students are reading books where
brarians, those students will be there     minutes. I yield to the gentlewoman          Nixon is still the President. That is no
with an eagle eye making sure those        from Texas, Ms. JACKSON-LEE.                 longer obviously the case.
funds are expended well. I do not think      Ms. JACKSON-LEE of Texas. Mr.                So I want to take this opportunity to
this is pork barrel. We have a way of      Speaker, I thank the gentleman very          thank the distinguished gentleman
paying for it. These are not empty         much. As I conclude my remarks, let          from Louisiana for this opportunity,
promises. How can we make empty            me challenge those in my local com-          thank SHEILA JACKSON-LEE, the distin-
promises to our children just 4 years      munity and the State of Texas to se-         guished gentlewoman from Texas, for
away from the 21st century?                cure a copy. We would be happy to help       joining us and thank the Speaker for
  Mr. FIELDS of Louisiana. Mr. Speak-      them secure a copy of that GAO report.       his indulgence.
er, as the gentleman knows, if he is       I do want to acknowledge Senator               Mr. FIELDS of Louisiana. Mr. Speak-
speaking of the $5 billion program,        CAROL MOSELEY-BRAUN, for that is a           er, I want to thank both the gentleman
under the President’s proposal, it         both devastating but a very vital re-        from Illinois and the gentlewoman
would be paid for by the selling of the    port on the Nation’s children.               from Texas for first of all serving on
spectrums. So the $5 billion program is      Might I add another aspect of the          the Education Caucus, and I want to
in fact paid for or will be paid for. An   needs of schools and that is overcrowd-      thank Members from both sides of the
September 4, 1996                          CONGRESSIONAL RECORD — HOUSE                                                                H10003
aisle who serve on the Education Cau-               Apples for the Students was first intro-        that city’s elementary schools over a three-
cus. We must make education a prior-              duced to us in 1989 by Terry Gans, Giant’s        year period (that is, 20 programs x 105 under-
ity.                                              vice president of advertising and sales pro-      graduates per program x 60 hours of tutoring
                                                  motions. Terry saw the opportunity for            produced by each undergraduate). The Na-
  Mr. Speaker, I include for the                                                                    tional Education Project’s 20-city initiative
                                                  Giant to begin placing computers and other
RECORD speeches and articles on the               technology in our schools during a time           will produce a total of 2,520,000 hours of tu-
Education Caucus.                                 when school budgets were being cut to bare        toring (that is, 20 cities x 126,000 hours of tu-
  I thank the Speaker.                            bones almost daily. Based on findings from a      toring produced in each city).
   SPEECH FOR CONGRESSMAN CLEO FIELDS’            survey conducted by an outside marketing            The purpose of this initiative is to trans-
               EDUCATION CAUCUS                   firm, we determined that elementary and           form the elementary school systems of 20
(Speaker: Audrey L. Easaw, Marketing              secondary schools were the schools that           medium-size cities, and show to the nation
                                                  faced the most extreme budgetary cuts.            the profoundly beneficial effect that reliable
  Projects Manager/Project Manager, Apples
                                                  Today Giant maintain a staff of nine associ-      tutors on a massive scale can have on entire
  for the Students PLUS, Giant Food Inc.)
                                                  ates who are responsible for serving schools      school systems. There would be a limit of
  Good morning (afternoon);                                                                         one city per state, so that, when fully oper-
  First of all, on behalf of Giant Food, I want   in Maryland, Virginia, the District of Colum-
                                                  bia, Delaware, New Jersey and beginning           ational, a minimum of 20 states would be in-
to thank Congressman Fields for inviting me                                                         volved.
to talk to you about Giant’s role as a cor-       this fall, Pennsylvania. That’s how commit-
                                                  ted we are to making sure that every school         No government funds, Federal, state, or
porate supporter of the elementary and sec-                                                         local, are required for this effort. Instead, as
ondary schools within our market area. We         in the areas we serve receives needed edu-
                                                  cational equipment.                               it has done in the past, the National Edu-
commend Congressman Fields for spear-                                                               cation Project will solicit funds in each city
heading this much-needed education caucus           For the benefit of those who are unfamiliar
                                                  with Giant’s Apples Plus, the program works       from corporations, foundations, law firms,
and we appreciate his vision for involving                                                          and from the general public. The Project will
both the private and public sectors to assist     quite simply: Schools are asked to save their
                                                  special colored receipt tapes from Giant and      use these funds for three purposes: [1] to pro-
in improving our educational system.                                                                vide 20 grants to colleges in each city in the
  I’d also like to introduce to you Donna         super G stores, total them, and turn them in
                                                                                                    amount of $25,000 per grant (that is, 20 cities
Carter, senior coordinator for Giant’s Apples     to Giant for free educational equipment.
                                                                                                    x 20 grants per city x $25,000 per grant); [2] to
for the Students PLUS Program. Donna and          This equipment is paid 100 percent by Giant.
                                                                                                    contract with an independent third party to
                                                    In fact, Giant is extremely proud of the
I have been with the program since it’s in-                                                         systematically evaluate the effectiveness of
                                                  fact that since October, 1989, we have spent
ception. Donna does a tremendous job of                                                             the tutors; and [3] to underwrite the cost of
                                                  over $42 million for educational equipment
maintaining a sophisticated data base of                                                            operating 20 programs in each of 20 cities
                                                  alone. This figure does not include staffing
over 3,200 public, private, and parochial                                                           across the country.
                                                  and administrative costs, or advertising. It        It should be pointed out that we do not ac-
schools throughout the Mid-Atlantic region.
                                                  translates into over 135,000 computers, print-    tually need 20 different colleges in each city
She’s also responsible for overseeing the day-
                                                  ers, software packages, CD-roms, telescopes,      to participate, since one college can operate
to-day operation of our Apples office.
  Let me preface this talk by stating that I      microscopes, math equipment. TVs and              several programs at the same time. Five col-
do not come to you as an expert on the edu-       VCRs and other learning tools.                    leges in one city, for example, could operate
                                                    A major component of our Apples for the         four programs each. In that event, the Na-
cational system, but rather as a member of
                                                  Students Plus program, is our Adopt-a-            tional Education Project would provide each
the corporate community who has witnessed
                                                  School plan. We sent invitations to over          of the five colleges with four grants in the
first-hand, the magnificent impact that busi-
                                                  10,000 businesses each year asking them to        amount of $25,000 per grant; that is, one
ness can make on the education of our youth
                                                  consider adopting an equipment-challenged         $25,000 grant for each of the departments par-
when both monetary and manpower commit-
                                                  school by setting up a tape collection box at     ticipating.
ments are made—and kept.
  Giant Food is no stranger to the education      their business for employees and customers          Once 20 program are in operation in each of
system both inside and outside of the Belt-       to donate their tapes. We also ask businesses     20 cities, the National Education Project
way. Over 50 years ago, we saw the need to        to consider matching their receipt tape col-      then will begin the second stage of this ini-
become more actively involved within the          lection with a cash gift made directly to         tiative, which will be to find another 20 me-
communities that we served and that had           their adopted school.                             dium-size cities across the country willing to
                                                    What we have found is that even this type       mount 20 programs in each city. This will
been consistently loyal to us.
                                                  of limited commitment by our Adopt-A-             produce another 2,520,000 hours of tutoring
  I have had the extremely good fortune to
                                                  School business partners, goes a long way to-     (that is, 20 cities 126,000 hours of tutoring
work with an organization whose former
                                                  ward effecting change in our schools and cre-     produced in each city). We will repeat this
CEO, the late Israel Cohen believed that as-
                                                  ating good-will not only for Giant, but for       process until we have transformed the school
sisting in the education of our youth was es-
                                                  scores of other businesses in our community.      systems of every city in America that wishes
sential to becoming a successful member of
                                                    At Giant, we believe we’ve made a dif-          to participate.
the business community. Izzy believed that
                                                  ference, especially when we hear that a             The National Education Project, Inc. is a
the support of education should not be tied
                                                  school has built a new computer and science       non-profit, 501(c)(3) tax-exempt corporation
to sales. He felt strongly that educational
                                                  lab to accommodate equipment earned               with two main purposes:
programs such as the 35 year-old ‘‘It’s Aca-
                                                  through Apples for the Students Plus. But           (1) To encourage colleges and universities
demic,’’ high school television quiz show and
                                                  we still believe there’s so much more to be       across the country to offer courses in the Hu-
our eight year-old Apples for the Students                                                          manities and Social Sciences that combine
                                                  done. And we welcome your partnership to
PLUS are simply the right initiatives for                                                           experience and theory at the same time and
                                                  assist in opening up an exciting new world of
Giant to support.                                                                                   provide undergraduates with a more realistic
                                                  educational opportunities for so many more
  And there is no question in my mind that                                                          education than they can get through courses
                                                  children. Thank you.
the children in over 3,200 schools that have                                                        that provide only classroom theory. In a
been the beneficiaries of one or both of these    REMARKS BY NORMAN MANASA, DIRECTOR, THE
                                                    NATIONAL EDUCATION PROJECT, INC. BEFORE         word, these courses are designed to inject ex-
educational programs will remember the                                                              perience into the search for Truth.
Giant name for years to come. Whether they          THE EDUCATION CAUCUS OF THE U.S. CON-
                                                                                                      (2) To provide reliable and effective tutors
shop in our stores as they grow older or            GRESS—JULY 31, 1996
                                                                                                    on a massive scale to children who must
whether they mention to others in their             REPRESENTATIVE         FIELDS,      SENATOR     have this help if they are to master the basic
communities that Giant provided scholar-          WELLSTONE, MEMBERS OF THE UNITED STATES           literacy skills that are required for employ-
ships or contributed computers that could         HOUSE OF REPRESENTATIVES AND THE U.S.             ment in a technological economy.
not have otherwise been obtained by their         SENATE, HONORED GUESTS, LADIES AND GEN-             The courses are taken as three-credit elec-
schools, the children will remember. And          TLEMEN: I am very honored and delighted to        tives in various academic departments, such
that makes these sponsorships well worth          have been invited here today to discuss The       as Sociology, Economics, and Education. As
every dime and minute spent by Giant.             National Education Project, Inc., and to de-      a result, virtually all of the nation’s
  Giant’s commitment to education started         scribe the Project’s 20-city initiative, which    10,000,000 college students (and virtually all
in 1959 when our founder N.M. Cohen an-           is designed to provide reliable, profoundly ef-   college in every city in America) are eligible
nounced that Giant would grant five $1,000        fective tutors on a massive scale to children     to participate, since undergraduates, gen-
scholarships, a small beginning. Then in 1967,    in the elementary schools of 20 medium-size       erally, must take elective courses to get a
we began sponsoring the award-winning ‘‘It’s      cities across the country, cities such as Day-    degree.
Academic’’ a ‘‘college-bowl’’ formatted TV        ton, Ohio; Richmond, Virginia; or San Diego,        In these courses, undergraduates obtain
program which showcases the academic ex-          California, for example.                          real-world experience by working as tutors
cellence of high school students. Giant has         The tutoring is done by undergraduates as       six hours each week of the semester in ele-
awarded in excess of $2 million to participat-    part of a three-credit college course, and        mentary schools that are selected for their
ing schools in the Washington and Baltimore       each undergraduate is required to produce 60      ability to provide a graphic illustration of
Metropolitan Areas. (These scholarships en-       hours of tutoring per semester. As a result,      the academic discipline as it exists in the
able students to pursue higher education at       20 programs in one city will provide a total      real world. The undergraduates also are re-
some of the best schools in our Nation.)          of 126,000 hours of tutoring to children in       quired to meet in weekly seminars with their
H10004                                     CONGRESSIONAL RECORD — HOUSE                                                  September 4, 1996
supervising professor. In these seminars, the       4. Keep a private journal.                      colleges in six payments over a three-year
students’ experience in the community is            5. Submit a Final Report to their faculty       period. These grants are used mainly to
matched against the theories of the aca-          supervisor at the end of the semester.            cover college faculty costs during the three-
demic discipline.                                    OPERATIONAL BENEFITS OF THE NATIONAL           year grant period. At the same time, under-
  In this way, the undergraduates get a mix                   EDUCATION PROJECT                     graduates who enroll in the course pay to the
of experience and theory at the same time,                                                          college or university the standard tuition
and a greater understanding of the academic         Although the National Education Project         that is required for any three-credit course.
discipline than they can get in the college       is primarily an academic program for under-         12. Since the undergraduates pay tuition to
classroom alone. (This, of course, is not very    graduates, it is also designed to transfer to     take these courses, each college, if it chooses
new. Courses that combine experience and          the illiterate poor the power to create           to do so, will be able to offer the course after
theory at the same time have been consid-         wealth in the technological age; that is to       the Project’s three-year, $25,000 ‘‘start-up’’
ered to be the highest form of learning in        say, Reading, Writing, and Mathematics. For       grant ends, since the course in the fourth
Western culture since the time of Galileo.)       this reason, the undergraduates work as tu-       year would be funded by the tuition of the
  Here is an example of how this course           tors, and only as tutors, for the entire semes-   undergraduates who enroll in the fourth
works: Undergraduates who register for this       ter. They are not permitted to engage in any      year, the course in the fifth year would be
course in Economics would tutor in an inner-      other activity.                                   funded by the tuition of the undergraduates
city elementary school where they would see         Moreover, it should be said that this           who enroll in the fifth year, and so forth.
poverty firsthand. It is then the role of the     Project is designed to use the resources that       13. As a practical matter, virtually all of
Economics professor in the weekly seminars        already exist in nearly every community in        the nation’s 10,000,000 college students (and
to examine poverty in modern society, and         the nation; that is, undergraduates tutoring      virtually all of the college students in the
to describe, for example, how the major theo-     in established elementary schools under the       districts and states represented here this
ries and authors in the field of Economics at-    direct supervision of classroom teachers. As      morning) are eligible to participate, since
tempt to explain the existence of poverty in      a result, in terms of cost, simplicity of oper-   these courses are offered as ‘‘electives’’, and
the richest nation in history, and why it is      ation, and effectiveness, the National Edu-       since undergraduates, generally, must take
that poverty, against our best efforts contin-    cation Project has the following advantages:      elective courses to get a degree.
ues to exist.                                       1. There are no expenditures for buildings        HOW TO GET THIS COURSE STARTED AT ONE
  This was the reasoning behind the original      or books. The undergraduates are permitted                         COLLEGE
program that I began in the fall of 1968, when    to work only in existing schools, and they          To get the first semester started at one
I was an undergraduate at the University of       use the books and instructional materials al-     college, it is only necessary that one aca-
Miami in Florida. That program, upon which        ready in the classroom.                           demic department agrees to offer the course,
the National Education Project is based, reg-       2. The undergraduates are required to work      that one member of the full-time college fac-
istered its first undergraduates in the fall of   under the direct supervision of classroom         ulty agrees to supervise the undergraduates,
1969 and remained in operation until 1973.        teachers, who provide the undergraduates          and that a minimum of five undergraduates
During that time, over 1,000 undergraduates       with the minimal on-the-job training they         enrolls in the course. (Institutions eligible to
enrolled in these courses, which were offered     require. The classroom teachers volunteer to      participate include public and private two-
by a number of academic departments, in-          accept the tutors into their classrooms, and      year colleges, four-year colleges, full univer-
cluding the Department of Economics.              they provide this training to the tutors as a     sities, and community colleges.)
  Academic credit served to acknowledge           part of their normal classroom duties.              During the first semester, the five under-
that the undergraduates were learning               3. The classroom teachers decide which          graduates would work in one elementary
things about the various academic dis-            children will receive tutoring and the teach-     school, which would be selected by the col-
ciplines that they genuinely needed to know.      ers also select the specific subject in which     lege or university. The elementary school
In assessing the educational value that these     the children will be tutored. The tutors use      must have a demonstrated need for tutors,
courses had for the undergraduates, an Eco-       the methodology of the classroom teacher,         and should be located near the college or
nomics professor at the University of Miami       and work in the back of the classroom, while      university. During each of the next five se-
wrote:                                            the classroom teacher conducts the larger         mesters, it is expected that 20 undergradu-
  ‘‘The field experience brought a dimension      class.                                            ates would enroll in the course, for a total
to the [undergraduates’] education which            4. The undergraduates work as tutors in         enrollment of 105 undergraduates over the
would otherwise have been absent. The prac-       the old, classical sense of the term, and they    three-year/six-semester grant period. The tu-
tical experience gave them insights into so-      are required to work on a 1:1 or 1:2 ratio, or    tors would be evenly divided each semester
cial realities which would have been nearly       in very small groups. The undergraduates          between two elementary schools. The univer-
impossible to impart in a pure classroom en-                                                        sity, if it chooses to do so, may send the un-
                                                  are not permitted to work with the class as
vironment, and this also made them think                                                            dergraduates to the same elementary schools
                                                  one large group. Moreover, the undergradu-
much more critically about many concepts                                                            each semester of the three-year grant.
                                                  ates do not grade papers for the classroom
which they had encountered on a purely in-                                                             THE PROJECT’S SEVEN BASIC OPERATIONAL
                                                  teacher, monitor the cafeteria at lunchtime,
tellectual level.                                                                                                     DOCUMENTS
                                                  supervise recess, or do office work for the
  ‘‘Coming from an abstract discipline like                                                           The National Education Project has devel-
Economics, I found this particularly gratify-     school principal.
                                                    5. Each undergraduate in this Project is re-    oped seven basic operational documents,
ing.’’                                                                                              which, to a great extent, have been respon-
  In addition to their educational merit,         quired to produce a minimum of 60 hours of
                                                  tutoring per semester; that is, six hours of      sible for the success of our programs across
however, these courses also have the follow-                                                        the country. These documents are listed
ing benefits for undergraduates:                  tutoring per week x the 10 weeks in a semes-
                                                  ter.                                              below:
  (1) These courses provide undergraduates                                                            (1) The Project’s Standard Three-Year Con-
with work experience in the real world, the         6. The undergraduates are required to tutor
                                                  on a regular schedule for the entire semester     tract with the Colleges;
sort of experience that will help them to                                                             (2) The College/School Agreement;
make a sensible choice of a college major,        (for example, Monday, Wednesday, and Fri-           (3) Guidelines for the Classroom Teacher;
and a career.                                     day mornings, from 9:30 to 11:30), and they         (4) Classroom Teacher’s One-Page, End-of-
  (2) It is this same work experience that        are required to sign-in and sign-out for each     Semester Evaluation Form;
will help the undergraduates to get a job         tutoring session in a book that is kept in the      (5) Midterm Report of Hours of Tutoring
upon graduation, since they will be able to       principal’s office. There are no excused ab-      Produced;
show employers a clear record of achieve-         sences.                                             (6) Outline for the End-of-Semester Report
ment at something genuinely important;              7. Because the tutoring is done as part of a    by the College Faculty Member; and
that is, teaching someone to read.                college course, the undergraduates are reli-        (7) Final Report of Hours of Tutoring Pro-
  (3) And, not least, these courses permit un-    able, accountable on a daily basis, and re-       duced.
dergraduates to learn the ‘‘old virtues’’ of      markably effective.                                   HOURS OF TUTORING PRODUCED BY THE
duty, obligation, and compassion.                   8. The classroom teachers provide the Na-            UNDERGRADUATES IN ONE PROGRAM
       THE FIVE COURSE REQUIREMENTS               tional Education Project with one-page,             Each undergraduate enrolled in these
  These courses have five requirements, and,      written evaluations at the end of each se-        courses is required to produce a minimum of
to receive credit for the course, the under-      mester that measure the advances of the           60 hours of tutoring per semester; that is, six
graduates are required to:                        children in reading, writing, and mathe-          hours of tutoring per week x the 10 weeks in
  1. Tutor six hours each week of the semes-      matics.                                           a semester. During the life of the three-year
ter. (Each undergraduate is required to             9. There is no cost whatsoever to the chil-     grant, undergraduates from one university
produce a minimum of 60 hours of tutoring         dren who are tutored by the undergraduates.       would produce a minimum of 6,300 hours of
per semester; that is, six hours of tutoring        10. The undergraduates are not paid to do       tutoring; that is, 105 undergraduates x 60
per week x the 10 weeks in a semester.)           the tutoring.                                     hours of tutoring produced by each under-
  2. Attend a weekly seminar with their fac-        11. The $25,000 grants are provided by The      graduate.
ulty supervisor.                                  National Education Project, Inc. to colleges        Here is a breakdown of the number of
  3. Submit a one-page report each three          and universities under a standard, three-year     hours of tutoring produced by undergradu-
weeks of the semester to their faculty super-     contract, and each $25,000 grant is disbursed     ates from one program during each semester
visor.                                            by the National Education Project to the          of the three-year grant:
September 4, 1996                         CONGRESSIONAL RECORD — HOUSE                                                                H10005
  (1) 1st Semester: 5 undergraduates x 60        vate sources for this effort, and a total of 19    ties in Math. Two of the children moved dur-
hours of tutoring produced by each under-        corporations, law firms, and foundations pro-      ing the term, and several others were not
graduate = 300 hours of tutoring                 vided support for these programs, including        present for testing, thereby eliminating data
  (2) 2nd Semester: 20 undergraduates x 60       The Xerox Foundation, Hughes Aircraft Cor-         about their progress.’’
hours of tutoring produced by each under-        poration, the Los Angeles Times, the New             At the end of the Spring semester of 1988,
graduate = 1,200 hours of tutoring               York Daily News, Houghton Mifflin Com-             Ms. Carolyn Driver-McGee, the 2nd Grade
  (3) 3rd Semester: 20 undergraduates x 60       pany, Exxon Education Foundation, Manu-            classroom teacher at Manierre Elementary,
hours of tutoring produced by each under-        facturers Hanover Trust Company Digital            provided written evaluations of the effective-
graduate = 1,200 hours of tutoring               Equipment Corporation, Taconic Founda-             ness of the tutors from Columbia College,
  (4) 4th Semester: 20 undergraduates x 60       tion, Latham & Watkins, and Bank of Bos-           and her evaluations follows. It should be said
hours of tutoring produced by each under-        ton. In addition, a number of publications         that the undergraduates produced these re-
graduate = 1,200 hours of tutoring               have written about the Project over the            sults in just one semester of tutoring.
  (5) 5th Semester: 20 undergraduates x 60       years, including The Washington Post, the            ‘‘Bill [the undergraduate] was a very posi-
hours of tutoring produced by each under-        Miami Herald, the Richmond Times-Dis-              tive force in both Gregory’s and Bernard’s
graduate = 1,200 hours of tutoring               patch, the Baltimore Sun, the Beaufort Ga-         school year. He motivated the boys with sto-
  (6) 6th Semester: 20 undergraduates x 60       zette, Parade Magazine, and U.S. News &            ries, guided activities, and games. The boys
hours of tutoring produced by each under-        World Report.                                      felt very special because they had Bill as
graduate = 1,200 hours of tutoring                 Most important, however, are the Project’s       their tutor.
  Total number of hours of tutoring pro-         results, and a two-page Summary of Results           ‘‘Gregory gained 1 Year and 8 Months in
duced by 105 undergraduates from one col-        from the program that we had in operation          Reading. Bernard gained 1 Year and 1 Month
lege over three years = 6,300                    in Chicago is attached. The undergraduates         in Math.’’
HOURS OF TUTORING PRODUCED BY 20 PROGRAMS        in this program tutored at Manierre Elemen-          ‘‘Connie [the undergraduate] worked dili-
               IN ONE CITY                       tary, which drew its children from the             gently with Orlando and Shadeed. Each boy
  Undergraduates from 20 programs in one         Cabrini-Green Public Housing Project. The          is a very unique student by all standards, but
city will provide a minimum of 126,000 hours     remarkable results at Manierre were pro-           Connie was always there to motivate and in-
of tutoring over three years to children in      duced in one semester, after just 302 hours of     terest the boys in different areas.
that city’s elementary schools; that is, 105     tutoring, and give a clear indication of what        ‘‘Orlando gained 1 Year and 5 Months in
undergraduates per program x 20 programs x       2,520,000 hours of tutoring over the next sev-     Math, and Shadeed gained 6 Months in
60 hours of tutoring produced by each under-     eral years will do for children in the elemen-     Math.’’
graduate. Each program would send tutors to      tary schools of the 20 cities we now seek.           ‘‘Tammie [the undergraduate] was very
work in two elementary schools; 20 programs        The purpose of the National Education            positive for the children. . . . She reinforced
in one city, therefore, would send tutors to a   Project’s 20-city initiative is to provide reli-   class activities when needed. Her students
total of 40 elementary schools.                  able and effective tutors on a massive scale       were always begging to be tutored first, be-
  (1) 1st Semester:                              to children who are in great difficulty, and,      cause each section was meaningful.
  5 undergraduates per program 60 hours of       in doing so, to raise reading and math scores        ‘‘Latoya gained 9 Months in Math. Akil
tutoring produced by each undergraduate 20       across entire cities. It should be said, how-      gained 1 Year and 3 Months in Math.’’
programs = 6,000 hours of tutoring.              ever, that the technological age is coming           ‘‘Nicole [the undergraduate] was very
  (2) 2nd Semester:                              not just for the United States, but for every      warm and caring for Michael, Stanley and
  20 undergraduates per program 60 hours of      nation on earth, and, as a result, every na-       Artrice. She motivated them in all subject
tutoring produced by each undergraduate 20       tion must have a literate work force to cre-       areas when possible by reading stories, guid-
programs = 24,000 hours of tutoring.             ate the nation’s wealth. In light of this, it is   ing activities, and with games.
  (3) 3rd Semester:                              certainly possible to begin programs at col-         ‘‘Stanley gained 1 Year and 6 Months in
  20 undergraduates per program 60 hours of      leges and universities in other countries,         Math, and Artrice gained 9 Months in Math.
tutoring produced by each undergraduate 20       and, to date, the following countries have in-     No data was available for Michael. Nicole
programs = 24,000 hours of tutoring.             dicated an interest in the work of the Na-         was a very good tutor for the students.’’
  (4) 4th Semester:                              tional Education Project: Brazil, India, Ire-        ‘‘Kristen [the undergraduate] worked very
  20 undergraduates per program 60 hours of                                                         closely with her students. One of her stu-
                                                 land, and South Africa.
tutoring produced by each undergraduate 20                                                          dents transferred and she had to start with a
                                                   I would like to thank Representative
programs = 24,000 hours of tutoring.                                                                new tutee. She motivated him the same way
                                                 Fields, Senator Wellstone, and all of you
  (5) 5th Semester:                                                                                 she motivated the other students. She was
  20 undergraduates per program 60 hours of      once again for your very kind invitation to
                                                 join you today, and I will be happy to answer      very positive and it showed on the students’
tutoring produced by each undergraduate 20                                                          faces each time after sections.
programs = 24,000 hours of tutoring.             any questions you may have.
                                                                                                      ‘‘Lawrence gained 7 Months in Reading,
  (6) 6th Semester:                                RESULTS: COLUMBIA COLLEGE OF CHICAGO—            and Terrance gained self-confidence. No
  20 undergraduates per program 60 hours of                   SPRING SEMESTER, 1988                 [test] data was available for Terrance, but
tutoring produced by each undergraduate 20         At the end of each semester, the faculty         the self-confidence was even more valued.’’
programs = 24,000 hours of tutoring.             member at each college prepares a Final Re-          All of these evaluations were written by
  Total number of hours of tutoring pro-         port, which evaluates the effectiveness of the     Mr. Carolyn Driver-McGee 2nd Grade Class-
duced by 105 undergraduates per program 20       undergraduates during the previous semes-          room Teacher, Manierre Elementary School,
programs over three years = 126,000.             ter. This is the Final Report for the Spring       Chicago, Illinois—June 1, 1988.
END-OF-SEMESTER REPORTS TO CORPORATE AND         semester of 1988, prepared by the faculty                    THE PROJECT’S PRESS CLIPS
           FOUNDATION SPONSORS                   member responsible for the course at Colum-
                                                                                                      (1) Baltimore Evening Sun; (2) Baltimore
  At the end of each semester, the National      bia College of Chicago. During this semester,
                                                                                                    Sun; (3) Beaufort Gazette; (4) Houston Chron-
Education Project prepares an End-of-Se-         five undergraduates produced 302 hours of tu-
                                                                                                    icle; (5) The Miami Herald; (6) Parade Maga-
mester Report for its corporate and founda-      toring:
                                                                                                    zine; (7) presstime—The American Newspaper
tion sponsors; this report has two main            ‘‘All five of the undergraduates tutored at
                                                                                                    Publishers Association; (8) Reader’s Digest;
parts:                                           the Manierre Elementary School, which is
                                                                                                    (9) Richmond Times-Dispatch; (10) The Roch-
  (1) The precise number of hours of tutoring    located at 1426 N. Hudson Street on Chi-
                                                                                                    ester Democrat & Chronicle; (11) San Anto-
produced by the undergraduates during the        cago’s Near North Side. The school serves
                                                                                                    nio Express-News; (12) U.S. News & World
previous semester.                               mainly children from the Cabrini-Green Pub-
                                                                                                    Report; and (13) The Washington Post.
  (2) Evaluations written by the classroom       lic Housing Projects. These Projects are
teachers that measure the advances of the        home to nearly 10,000 children, 76% of whom                GRANTS FROM CORPORATIONS AND
children in reading and mathematics during       live in female, single-parented households.                   FOUNDATIONS—1985 TO 1996
the previous semester. (Please see the           These Projects are predominately black, and          In 1985, The National Education Project,
Project’s standard Classroom Teacher’s One-      have one of the highest concentrations of          Inc. (formerly known as The Washington
Page End-of-Semester Evaluation Form.)           poverty in Chicago.                                Education Project, Inc.) began a national
  In 1985, the National Education Project          ‘‘Manierre Elementary School has all the         fund-raising campaign designed to provide
began a national campaign designed to dem-       challenges of an inner-city school, from tru-      $25,000 ‘‘start-up’’ grants to colleges all
onstrate that these programs could be made       ancy to family transiency and instability,         across the country. To receive these funds,
to work anywhere in the country. The             but has the advantage of an efficient prin-        the colleges agreed to establish special
Project was successful in this effort, and had   cipal, Marlene Syzmanski, and some good            three-credit courses in the Humanities and
programs in operation several years ago at 12    dedicated teachers, like Carolyn Driver-           Social Sciences in which undergraduates
colleges and universities in six states across   McGee, our 2nd Grade classroom teacher.            would be required to work as tutors in var-
the country, including New York, California,       ‘‘Ms. Syzmanski assigned all of our tutors       ious community agencies, mainly elemen-
Mississippi, Illinois, Massachusetts, and New    to Ms. McGee’s class of 2nd Graders, because       tary schools.
Jersey.                                          the Reading the Math skills of the children          Since 1985 the Project has received support
  The National Education Project also had        were so low. In essence, all 13 children in the    for this effort from the following corpora-
considerable success raising funds from pri-     class were non-readers and most had difficul-      tions, foundations, and law firms:
H10006                                     CONGRESSIONAL RECORD — HOUSE                                                       September 4, 1996
  (1) Bank of Boston; (2) Boston Gas Com-         phone companies’ most advanced lines,                   programmers provide schools 540 hours each
pany; (3) Corina Higginson Trust; (4) Correc-     ISDN, move data at only 128 kilobits a sec-             month of this quality, commercial-free pro-
tion Connection, Inc.; (5) Digital Equipment      ond. The speed of cable modems enables                  gramming.
Corporation; (6) Exxon Education Founda-          teachers to use Internet material in their                In October 1994, the cable industry and the
tion; (7) Federal Communications Bar Asso-        classrooms, and reduces the ‘‘fidget factor’’           National PTA formed an educational part-
ciation Foundation; (8) Goodwin, Procter &        since kids don’t have to wait for information           nership, The Family and Community Criti-
Hoar; (9) Houghton Mifflin Company; (10)          to be retrieved.                                        cal Viewing Project, which empowers fami-
Hughes Aircraft Company; (11) Latham &              The power of cable modems was dem-                    lies nationwide with the information and
Watkins; (12) Los Angeles Times; (13) The         onstrated here in Washington on July 9 at               tools to become better and wiser television
John D. and Catherine T. MacArthur Foun-          the launch of ‘‘Cable’s High Speed Education            viewers. To date, more than 1,500 cable lead-
dation; (14) Manufacturers Hanover Trust          Connection.’’ In the following video, Brian             ers and PTA members have been trained and
Company; (15) New York Daily News; (16)           Roberts, President of Comcast, and several              are presenting critical viewing workshops
Pinkerton’s, Inc.; (17) Primerica Foundation;     local school children experience first-hand             around the country.
(18) Taconic Foundation; and (19) The Xerox       the benefits of using high-speed cable                    Earlier this month the cable industry pub-
Foundation.                                       modems to access the Internet.                          licly committed to provide America’s ele-
                                                                                                          mentary and secondary schools with high-
STATEMENT BY DECKER ANSTROM PRESIDENT                                CONCLUSION
                                                                                                          speed access to the Internet using cable’s ad-
  OF NCTA BEFORE THE EDUCATION CAUCUS               Mr. Chairman Cable in the Classroom and               vanced technology and new high-speed cable
  WASHINGTON D.C., JULY 31, 1996                  cable’s new initiative, the ‘‘High-Speed Edu-           modems—again, at no cost to schools.
  Good morning. My name is Decker                 cation Connection,’’ won’t solve our nation’s             Cable operators, too, use local program-
Anstrom, and I am President of the National       educational problems. But it is a contribu-             ming to provide children in their commu-
Cable Television Association (NCTA), which        tion we can make. Deployment of cable                   nities with entertaining and educational pro-
represents more than 100 cable programming        modems won’t happen overnight—we’re in                  gramming.
networks and most of the cable operators          the process of inventing this new high-speed              Additionally, cable operators and networks
serving our nation’s 63.7 million subscribers.    business as we speak—but the cable industry             have instituted community-based public af-
Thank you for inviting me to participate in       has made a start. And we will finish the job.           fairs and educational initiatives to speak to
this morning’s discussion on education.             Thank you for your interest in the cable              children on a host of different issues, includ-
  Cable operators and program networks un-        industry’s education initiatives. I would be            ing violence, community service, diversity,
derstand that we have both a responsibility       pleased to answer any questions you might               the environment, and more.
and an opportunity to help our nation’s           have.                                                     The attached materials provide you more
schools and teachers. Our industry has a                                                                  information about what the cable television
                                                            THE FUTURE IS ON CABLE                        industry is already doing to enhance tele-
long-standing commitment to education, and
we have been acting on that commitment—                Cable Television’s Contributions to                vision and education for children. Should
not just talking about it.                         America’s Children and Families, July, 1996            you have any comments, questions or re-
  I would like to highlight two of the cable                        INTRODUCTION                          quire additional information, please call the
industry’s major education initiatives for          The cable industry remains the clear lead-            NCTA’s Public Affairs department at (202)
you today.                                        er in bringing a wide variety of quality chil-          775–3629.
          CABLE IN THE CLASSROOM                  dren’s programming to families and children.            CABLE TV NETWORK PROGRAMMING: A GROW-
                                                  In addition to popular cable networks whose               ING COMMITMENT TO CHILDREN AND FAMI-
  Cable’s commitment to education is built                                                                 LIES
on the foundation of Cable in the Classroom.      programming is completely devoted to chil-
                                                  dren (Nickelodeon, Cartoon Network, WAM!                  Cable television networks provide more
Starting in 1989, cable companies have
                                                  America’s Kidz Network), more cable net-                children’s programming—more than four
worked with school districts to make avail-
                                                  works are responding to the call for quality            times as much as all other programming
able high quality, educational, commercial-
                                                  children’s programming by increasing their              sources combined—averaging 358 hours per
free television to schools and teachers. To
                                                  commitment to include extended program-                 week, compared to all other sources airing
date, 8,400 local cable operators have con-
                                                  ming blocks just for kids (The Disney Chan-             85.8 hours per week.
nected 75,000 schools nationwide to their                                                                   Cable networks offer more than 80% of all
cable systems—for free (roughly 75 percent of     nel, The Learning Channel, The Family
                                                  Channel); other networks continue to con-               television hours devoted to children.—
all K–12 schools in the country). And 35 pro-                                                             Cabletelevision Advertising Bureau, 1996
gram networks provide 540 hours each month        sistently offer educational and enriching
                                                  programs for children as part of their regular          Cable TV Facts.
of quality, commercial-free programming—
                                                  programming format (Discovery Channel,                      CHILDREN’S PROGRAMMING ON CABLE TV
again, free of charge.
  Cable in the Classroom companies also           The History Channel, C-SPAN).                             The following is a summary guide of cable
supply teachers with instructional mate-            Specifically:                                         networks that provide educational children’s
rials, curriculum supplements, and a month-         Cable television provides 65 percent of all           programming. Intended to illustrate the
ly guide which identifies programs available      television programs available to children.*             breadth and diversity of children’s program-
for use in the classroom. All of the program-       Cable television provides more children’s             ming on cable, this summary is comprehen-
ming available through Cable in the Class-        programming—more than four times as                     sive; however, it does not include every chil-
room is copyright-cleared and may be freely       much as all other programming sources com-              dren’s program available.
used, taped, and replayed by teachers in          bined—averaging 385 hours per week on                     A&E Television Network—A&E features
their classroom.                                  cable, compared to all other sources com-               original biography series, dramas, documen-
                                                  bined airing an average of 85.8 hours per               taries and performing arts specials. A&E
  CABLE’S HIGH SPEED EDUCATION CONNECTION
                                                  week.**                                                 Classroom is designed specifically for kids. It
  Just three weeks ago, on July 9, the cable        Cable television networks offer more than             is a commercial-free Cable in the Classroom
industry announced its latest education ini-      80 percent of all television hours that are de-         programming block of selected A&E pro-
tiative, ‘‘Cable’s High Speed Education Con-      voted to children.**                                    grams airing weekday mornings. Program
nection.’’ Beginning this year, cable compa-        More than 75 percent of children’s pro-               examples include Pride & Prejudice, Poca-
nies will introduce high-speed digital serv-      gramming viewed by children in cable house-             hontas, Frederick Douglass and Elizabeth
ices to communities across the country. As        holds is viewed on cable television.**                  Custer. Each fall and spring A&E Classroom
these services are introduced, cable compa-         Cable television provides 59% of all high             Kits are distributed to educators, and begin-
nies will equip at least one site in every con-   quality children’s programs available on tel-           ning this month, the network publishes a
senting elementary and secondary school           evision.*                                               new magazine, The Idea Book for Educators,
passed by cable in that community with a            Cable’s leadership role in serving the needs          offering new classroom materials. Contact:
cable modem providing basic high-speed ac-        of children and families is carried out in a            Libby O’Connell (212/210–1402).
cess to the Internet—free of charge.              number of other ways, as well:                            American Movie Classics—AMC features
  In many instances, individual cable opera-        Since 1989, over 8,400 cable operators and 35         Kids’ Classics, a weekly series showcasing
tors may go beyond the industry’s commit-         cable programmers have invested over $420               classic films that have educational or histor-
ment and offer additional training, inside        million in Cable in the Classroom, the indus-           ical value to children. Among the films fea-
wiring of classrooms, enhanced information        try’s educational centerpiece, providing                tured are Young Mr. Lincoln, Phantom of
services, and extra equipment.                    cable connections and commercial-free edu-              the Opera and A Tree Grows in Brooklyn, in
  Cable’s new high-speed services will make       cational programming to more than 75,000                addition to films adapted from literacy
a real difference—because teachers don’t al-      schools and 38 million students nationwide—             classics, including The Secret Garden, Jour-
ways have the time to wait for information        all at no cost to schools or students. Cable            ney to the Center of the Earth, and many
to be downloaded through existing telephone                                                               more. AMC also features Family Classics, a
lines. Cable modems are faster—they allow                                                                 weekly series showcasing Hollywood’s best-
                                                    * Source: Study released by the Annenberg Public
students and teachers to retrieve material        Policy Center of the University of Pennsylvania on      loved family-oriented movies. Contact: Dina
from the Internet at a rate of 10,000 kilobits    June 17, 1996.                                          White (516/364–2222).
a second, hundreds of times faster than con-        ** Source: 1996 Cable TV Facts, Cabletelevision Ad-     Black       Entertainment      Television.—
ventional telephone modems. Even the tele-        vertising Bureau.                                       Storyporch is a weekly, award-winning half-
September 4, 1996                           CONGRESSIONAL RECORD — HOUSE                                                               H10007
hour children’s program featuring stories          participation. Three programs air during the      ment television, offering children’s shows,
written exclusively for BET that are told by       block: Justice Factory, going on site to loca-    original series and movies, plus health and
celebrity guests to children ages 4 to 9. BET      tions as varied as teen courts and gang hang-     exercise programming. Educational pro-
also participates in Cable in the Classroom        outs; What’s the Verdict?, a recap of real        gramming is aired commercial-free and is
under the BET on Learning umbrella, provid-        trials from a teen’s perspective; Your Turn,      made available to teachers through Cable in
ing teachers with an assortment of support         an issue-oriented talk show featuring a           the Classroom. Samples of programming in-
materials, including YSB and Emerge maga-          participatory format with a panel of teens        clude: Captains Courageous, adaptation of
zines. BET’s Teen Summit is a weekly, live         and a studio audience of teenagers. Court TV      Rudyard Kipling’s novel; Race to Freedom:
one-hour talk/entertainment show where the         also regularly airs specials geared towards       The Underground Railroad; Tad; Young Indi-
focus is solely on African American teens.         young people, including: Earth, Getting           ana Jones; and The Holocaust. Contact:
Contact: Rosalyn Doaks (202/608–2058).             Physical and AIDS: Its Side Effects on Amer-      Kathleen Gordon (804/459-6165).
   Bravo.—Bravo in the Classroom combines          ica. Contact: Susan Abbey (212/973–3379).           fX.—fX offers several programs for children
programming and resource materials that               C–SPAN.—A public service of the cable in-      and the entire family. Personal fX: The Col-
provide teachers and students with weekly          dustry, C–SPAN offers gavel-to-gavel cov-         lectibles Show features special ‘‘Kids’ Day’’
tools to enhance arts and humanities studies       erage of the House of Representatives, Sen-       episodes which highlights special collections
and appreciation at the secondary level. Pro-      ate and other public policy events. During        and hobbies of children across the country.
grams include literary and historical adapta-      the 1996 campaign season, nearly 2,000 hours      Home fX: Family Business is a practical
tions, the performing and visual arts, plus a      of campaign coverage will air under the um-       guides to raising kids in the ’90s. For pet
profile series featuring well-known writers,       brella of Campaign ’96. The C–SPAN School         lovers. The Pet Department covers pet
musicians and artists. Contact: Theresa            Bus brings this extensive coverage directly       health and care, and training. Contact: Dina
Britto (516/364–2222).                             to students across the country, introducing       Ligorski (212/802-4000).
   Cartoon Network.—A 24-hour network of-          new voters to politics. All C–SPAN produced         The History Channel.—The History Chan-
fering animated entertainment from the             programming is copyright cleared for class-       nel in the Classroom is a commercial-free
world’s largest cartoon library, Cartoon Net-      room taping and use, thus giving educators        Cable in the Classroom programming block
work recently introduced Big Bag, instruc-         and students an up-close-and-personal view        that airs twice a day, bringing the past alive
tional and educational programming pro-            of the election process as its never been seen    for students and educators. Programming in-
duced exclusively for pre-school children          before. Contact: Joanne Wheeler (202/626–         cludes: the Lincoln Assassination, Women at
ages 2 to 6. Developed in conjunction with         4846).                                            War, America’s Most Endangered Sites and
the Children’s Television Workshop (produc-           Discovery Channel.—Discovery Channel           Freedom’s Road. In addition, History for
ers of Sesame Street), Big Bag consists of         provides educational programming for all          Kids and Teens Too airs once a week and fea-
live studio hosts, Jim Henson-created ani-         ages and features many documentaries. Se-         tures programming geared to this audience.
mated ‘‘shorties’’ and music designed to nur-      lected programs particularly designed for         Beginning this year, new classroom support
ture a disposition toward investigation, cre-      young viewers include: Assignment Discov-         materials will be available to teachers
ative thinking and pro-social behaviors            ery, a daily, one-hour commercial-free pro-       through the network’s new magazine, The
among its young audience. Es Incredible! is a      gram that highlights a different subject each     Idea Book for Educators. Contact: Libby
commercial-free Spanish language instruc-          day, including science and technology, social     O’Connell (212/210–1402).
tional program that airs once a month, and         studies and history, natural science, arts and      Home Box Office.—HBO has produced sev-
Small World brings animation from the U.K.,        humanities, and contemporary issues—all es-       eral programs designed to appeal to young
Sweden and France to American audiences            pecially created for children ages 6 to 12; The   children and their families, including:
for the first time. Contact: Shirley Powell        Know Zone, a program which explores a sci-        Shakespeare: The Animated Tales; Happily
(404/885–4205).                                    entific subject, idea or invention by looking     Ever After: Fairy Tales for Every Child; The
   CNBC.—CNBC in the Classroom, airing             at its past and present, and speculating          Composers’ Specials; and the animated Wiz-
weekly, is designed to provide America’s           about its future; and Discovery Magazine, a       ard of Oz. HBO also has educational pro-
youth with a basic understanding of business       televised version of the popular monthly          gramming geared towards teenagers in mid-
news, stock market coverage and personal fi-       magazine. Recent specials include: Harlem         dle and high school. These programs are
nances. Teacher/student support materials,         Diary: Nine Voices of Resilience; On Jupiter      often reality-based and address current is-
including vocabulary and reading lists, are        and The Ultimate Guide to the T-Rex. Con-         sues facing young adults in today’s society;
available in print and via Ingenius. Program-      tact Jennifer Iris (301/986-0444, ex 5917).       they often have advice and educational mes-
ming is closed-captioned for the hearing im-          The Disney Channel.—The Disney Channel         sages for viewers, including a recent focus on
paired, and specific educational programs          features quality programming for people of        youth violence: Six American Youths, Six
are available on videotape on request. Con-        all ages. The Network’s primetime program-        American Handguns. Other series include
tact: Mark Hotz (201/585–6463).                    ming is designed to appeal to every member        Lifestories, Families in Crisis and Family
   CNN/Turner Adventure.—CNN Newsroom/             of the family, while its daytime hours are de-    Video Diaries.
CNN Newsroom’s WorldView are two daily             voted to a wide variety of educational fare         Home & Garden Television.—For the entire
fifteen-minute, commercial-free telecasts          for children. Beginning this August, The Dis-     family, Home & Garden Television features
that air as part of Cable in the Classroom.        ney Channel will feature a family-oriented        programs on pets and community goodwill
The programs focus on historical and cul-          film for all ages every night of the week at      projects. Company of Animals and Dog Days
tural background of world events. A daily          7:00 pm EDT.                                      of Summer portray the loving relationship
teacher’s guide accompanies each program,             ESPN/ESPN 2,—Scholastic Sports America         people have with their pets, and offer tips on
and Turner MultiMedia—a compilation of             is a weekly program devoted solely to the         pet care. Building a Future: Habitat for Hu-
low-cost videotapes and CD–ROM products            achievements of high school athletes, both        manity profiles young people who built
with printed support material—is available         on and off the field. Sports-Figures is a         homes in the Watts section of Los Angeles,
to teachers interested in applying world           weekly commercial-free program geared to-         while The Story of Cabrini Greens shows how
events, science and technology, and literary       ward high school students, incorporating fa-      a community garden program in Chicago’s
classics to their curriculum. Contact: Jacque      mous professional athletes and high school        public housing project has planted the seeds
Evans (404/827–3072).                              student athletes to teach math and physics        of hope for children in the community. Con-
   Turner Adventure Learning is a series of        through sports. The Scripps Howard Spelling       tact: Carol Hicks (423/694–2700).
live, interactive ‘‘electronic field trips’’ for   Bee aired live on ESPN in May, featuring the        INSP: The Inspirational Network.—INSP
students of all ages to visit a variety of         final rounds of the nationwide competition        features a special block of adventure pro-
places all over the world. These live edu-         for children. Contact: Marie Kennedy (860/        grams every Saturday morning just for kids,
cational telecasts are ideal for student           586-2357).                                        ages 5 to 11. The Kids at Home block includes
screenings and include on-line Internet ac-           Faith & Values Channel.—All program-           The Forest Rangers, an action-adventure se-
tivities, real