Paul Sarbanes

Mr. SARBANES

Mr. SARBANES. Mr. President, today I am delighted to join my colleagues Senator Faircloth, Senator Mikulski and Senator Warner as a principal cosponsor of this proposal providing additional Federal assistance to efforts combating Pfiesteria outbreaks in the Chesapeake Bay and other Atlantic coast waterways. The micro-organism Pfiesteria piscicida, linked to fish kills and human health problems this summer in the Pocomoke River on Maryland's Eastern Shore, is a matter about which we are all deeply concerned. The Governor has recently closed down two Eastern Shore waterways in Maryland, and fish with lesions characteristic of Pfiesteria have also been discovered in Delaware, Virginia, and other Atlantic coast waterways. Since the Pfiesteria outbreaks began, we, in Congress, have worked individually and collectively on a variety of initiatives to assist the States in battling this toxic micro-organism. The Federal agency response team, led by the U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration, is providing valuable funding and technical assistance to the States. The Federal assistance thus far includes habitat and water quality monitoring and fish lesion assessment. At my and Senator Mikulski's request, the Centers for Disease Control and Prevention and the National Institute of Environment Health Sciences are providing scientific teams and technical assistance for human health risk- assessment efforts. In Maryland, the Cooperative Laboratory at Oxford is playing an especially key role by coordinating ongoing fisheries- related investigations. The Pfiesteria Research Act of 1997 would add a critical dimension to the Federal response, one that would assist farmers with agricultural- related research and demonstrations related to outbreaks of Pfiesteria and other aquatic toxins. This measure would provide this assistance by establishing a cooperative Agro-Ecosystem Center between the University System of Maryland and the Beltsville Agricultural Research Center, and authorizing not less than $2 million in grants to the center. The University System of Maryland and the Beltsville Center are world leaders in conducting agricultural research and demonstration projects. I am confident that both have the substantial scientific and technical expertise necessary to lead the dietary, waste management, and other nutrient-reduction efforts authorized in this measure to combat Pfiesteria. Mr. President, the Federal Government has worked closely with affected States as they respond to Pfiesteria outbreaks. I urge my colleagues to support this measure and to provide much-needed assistance to farmers to battle Pfiesteria in the Chesapeake Bay and along other Atlantic coast waterways.

Mr. SARBANES

Mr. SARBANES. Mr. President, today I am delighted to join my colleagues Senator Faircloth, Senator Mikulski and Senator Warner as a principal cosponsor of this proposal providing additional Federal assistance to efforts combating Pfiesteria outbreaks in the Chesapeake Bay and other Atlantic coast waterways. The micro-organism Pfiesteria piscicida, linked to fish kills and human health problems this summer in the Pocomoke River on Maryland's Eastern Shore, is a matter about which we are all deeply concerned. The Governor has recently closed down two Eastern Shore waterways in Maryland, and fish with lesions characteristic of Pfiesteria have also been discovered in Delaware, Virginia, and other Atlantic coast waterways. Since the Pfiesteria outbreaks began, we, in Congress, have worked individually and collectively on a variety of initiatives to assist the States in battling this toxic micro-organism. The Federal agency response team, led by the U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration, is providing valuable funding and technical assistance to the States. The Federal assistance thus far includes habitat and water quality monitoring and fish lesion assessment. At my and Senator Mikulski's request, the Centers for Disease Control and Prevention and the National Institute of Environment Health Sciences are providing scientific teams and technical assistance for human health risk- assessment efforts. In Maryland, the Cooperative Laboratory at Oxford is playing an especially key role by coordinating ongoing fisheries- related investigations. The Pfiesteria Research Act of 1997 would add a critical dimension to the Federal response, one that would assist farmers with agricultural- related research and demonstrations related to outbreaks of Pfiesteria and other aquatic toxins. This measure would provide this assistance by establishing a cooperative Agro-Ecosystem Center between the University System of Maryland and the Beltsville Agricultural Research Center, and authorizing not less than $2 million in grants to the center. The University System of Maryland and the Beltsville Center are world leaders in conducting agricultural research and demonstration projects. I am confident that both have the substantial scientific and technical expertise necessary to lead the dietary, waste management, and other nutrient-reduction efforts authorized in this measure to combat Pfiesteria. Mr. President, the Federal Government has worked closely with affected States as they respond to Pfiesteria outbreaks. I urge my colleagues to support this measure and to provide much-needed assistance to farmers to battle Pfiesteria in the Chesapeake Bay and along other Atlantic coast waterways.

Mr. SARBANES

Mr. SARBANES. Mr. President, I am pleased to join Senator D'Amato, chairman of the Senate Committee on Banking, Housing, and Urban Affairs, in urging immediate passage of H.R. 2248. Patriarch Bartholomew will be visiting the United States from October 19 through November 17, 1997. This bill awards the Congressional Gold Medal to Ecumenical Patriarch Bartholomew, the spiritual leader of approximately 300 million Orthodox Christians worldwide. The occasion of this legislation is to recognize Patriarch Bartholomew's outstanding contributions to world peace and understanding during his tenure as head of this ancient branch of Christianity and to honor Patriarch Bartholomew's first visit to the United States as Patriarch. As a Greek-Orthodox American and member of the Greek Orthodox Cathedral of the Annunciation in Baltimore, I am particularly gratified to join in this tribute. During his American visit Patriarch Bartholomew will meet with thousands of Orthodox faithful and will take the opportunity to convey his message of reconciliation to Americans of all backgrounds and beliefs. His All Holiness has been a leader in ecumenical understanding and has convened important meetings which have brought together participants of all religious backgrounds. In 1994, in cooperation with Rabbi David Schneier and the Appeal of Conscience Foundation, he cosponsored a Peace and Tolerance Conference in Istanbul where Christians, Jews, and Muslims joined together to discuss important and pressing issues. As spiritual head of world Orthodoxy, Patriarch Bartholomew has been a leader in the quest for peace throughout the world, particularly in Eastern Europe, the Balkans, and the Middle East. He has vigorously spoken out against extremists and those who would use violence to achieve their ends and has counseled respect for all peoples, irrespective of their nationality and religion; his ministry has been a call to our best virtues. From his historical seat in Istanbul, Turkey, Patriarch Bartholomew has served as a mediator between East and West, Christians and Muslims, and as a force for openness and tolerance in the newly emerging independent countries of Eastern Europe. As he pursues the goal of peace, Patriarch Bartholomew is equally vigorous in his desire to preserve and promote the Earth's environment as a reflection of God's creation. Working with the European Commission, the Worldwide Fund for Nature, and his Royal Highness Prince Philip, he has cosponsored significant international conferences on the environment, including one scheduled for this month on the future ecological health of the Black Sea. I believe it is most fitting that the visit and the accomplishments of Patriarch Bartholomew should be recognized and honored by this Gold Medal as it will reflect the appreciation of the American people for his ministry of peace and reconciliation.

Mr. SARBANES

Mr. SARBANES. Mr. President, I rise in strong opposition to the proposed amendment by my colleague from Arkansas. First, I think it is important to point out that the American heritage rivers initiative does not force designation upon any river or river community. It is a voluntary program. American heritage rivers enables communities who wish to protect, restore, and revitalize their waterways, who want to protect their vital natural, historical, cultural, and recreational resources, to voluntarily develop and submit a locally driven nomination and to seek designation. As proposed by the administration, any nominated river must demonstrate broad community support for the nomination. It must demonstrate that members of the river community have had ample opportunities to comment on the nomination and plan of action. The administration has also made it very clear that if a Member of Congress opposes a river designation in his or her district, the designation will not occur in that district. Second, American heritage rivers establishes no new regulations, and was specifically designed to streamline Federal assistance to community-led riparian restoration efforts. By requiring written approval from all property owners along a river, and subjecting designation to a lengthy congressional selection process, this amendment in effect creates crippling delays and places unnecessary regulatory burdens on the nomination preparation and selection processes. Third, this amendment unnecessarily restricts the broad objectives of American heritage rivers by focusing only on the water pollution aspects of river revitalization. American heritage rivers is designed to celebrate and address not only natural resource and environmental protection, but to also promote economic development and the protection of our historical, cultural, and recreational resources. In my own State of Maryland, and throughout the entire Potomac watershed, a broad coalition of local governments, private citizens, businesses, and others, known as the Friends of the Potomac, has mounted a concerted effort to nominate the Potomac. This coalition is striving to make ``Our Nation's River'' one of the first 10 designated American heritage rivers, and I fully support and encourage their efforts. Mr. President, the American heritage rivers initiative is simply an effort to better coordinate and leverage existing Federal resources. The Council on Environmental Quality, participating agencies and departments already have congressionally provided authority and responsibility to carry out this program. I urge my colleagues to join me in opposing this amendment.

Mr. SARBANES

Mr. SARBANES. Mr. President, I would like to engage the distinguished manager of the bill in a colloquy concerning the funding for National Park Service natural programs and the Rivers and Trails Conservation Assistance Program. It is my understanding that the FY 98 Interior Appropriations Bill provides an increase of $1 million for the RTCA program, and that the Committee has directed that this increase be specifically applied to activities within the scope of the existing program, not to new initiatives.

Mr. SARBANES. In FY 97, the committee provided $200,000 from the RTCA account for the National Park Service's Chesapeake Bay Program Office to implement its Chesapeake Bay Action Agenda. The Committee's support enhanced NPS's ability to provide important financial and technical assistance to communities and organizations implementing their watershed protection, heritage area or heritage tourism strategic plans. These projects are terrific examples of community-led conservation, interpretation and preservation efforts that complement other Chesapeake Bay Program activities and illustrate NPS's unique role as a formal participant in the Bay Program. I note in the Committee report that a number of worthy projects have been mentioned as deserving of continued funding from this program. I would ask the Senator whether NPS Chesapeake Bay Program Office activities would also qualify as a continuing project to receive funding from RTCA.

Mr. SARBANES

Mr. SARBANES. Mr. President, this week, from September 14-20, has been designated National Historically Black Colleges and Universities Week, and I am pleased to take this opportunity to recognize the achievements of these fine institutions of higher education. For more than 150 years, the 116 historically black colleges and universities [HBCU's] throughout our Nation have played a vital role in providing students with an exceptional education. These institutions have significantly increased educational access for thousands of economically and socially disadvantaged Americans, particularly young African-Americans. In turn, armed with this educational opportunity, these young people have risen to the challenges of our time and have become leaders not only of their own communities, but of our Nation as well. While constituting only 3 percent of the Nation's colleges, HBCU's enroll 16 percent of all African-Americans students in higher education. Each year they award approximately 28 percent of all baccalaureate degrees earned by African-Americans nationwide and they continue to graduate the majority of African-Americans who go on to earn advanced degrees, including 75 percent of all African-American PhD's, 50 percent of all African-American attorneys, and 75 percent of all African-American military officers. The success of these institutions in providing educational opportunities for African- Americans in unparalleled. My own State of Maryland is privileged to be served by four outstanding historically black colleges and universities: Bowie State University, Coppin State College, Morgan State University, and the University of Maryland Eastern Shore. These four institutions, all of which have undergone dramatic growth in recent years, have contributed significantly to the higher education system in Maryland. Bowie State, one of the oldest black universities in the United States, is the Nation's first historically African-American institution to offer graduate programs in Europe. While providing high quality education to thousands of African-Americans, Coppin State has uniquely focused on serving the residents of inner-city Baltimore for almost 100 years. Morgan State annually ranks among the top 10 public campuses nationally in the number of baccalaureate recipients who pursue doctorate degrees. The University of Maryland Eastern Shore, which celebrates its 111th anniversary this week, commits itself to combining an excellent education with an emphasis on meeting the needs of the region by providing a doctorate in marine-estuarine-environmental science and toxicology. These are just a few examples of the strong commitment HBCU's have demonstrated throughout the years in preparing our young people for the increasingly technological and global economy. The extraordinary contributions of historically black colleges and universities in educating African-American students cannot be overstated. They are a valuable national resource which are being rightly honored for their exemplary tradition in the area of higher education. I am very pleased to join with them and citizens throughout the Nation in celebrating National Historically Black Colleges and Universities Week.

Mr. SARBANES

Mr. SARBANES. Mr. President, I have been listening very carefully to my colleague from Oklahoma. I am beginning to wonder, what is happening to this tremendous effort to drive corruption out of the Teamsters union? The Senator quoted a memorandum from Deputy Attorney General Jamie Gorelick, which is dated after the 1989 consent degree. I say to my colleague from Oklahoma, you cited this memorandum of Deputy Attorney General Gorelick which comes after the 1989 consent decree. The consent decree was entered into by Attorney General Thornburgh and the Bush Administration. So, now we are told that a later memorandum is going to vitiate the earlier consent decree. How is that for undoing the law? The Senator is playing with fire. If this rerun is not the 1996 election, then the results of the 1996 election ought to hold and there should not be a further election. This is not a new election. This is a rerun of the 1996 election. The Senator selectively quotes from the consent decree. The consent decree is very clear. It says, ``The union defendants consent to the election officer, at Government expense, to supervise the 1996 IBT election.'' He omitted that part of the consent decree. My colleague then quotes, ``The union defendants further consent to the Department of Labor supervising IBT elections.'' That supervision, I say to my colleague, by the Department of Labor, does not encompass an election officer and it does not encompass the severe degree of supervision that comes with an election officer. What is the objective here? Is the objective to get the Teamsters out from under the consent decree so they don't have to use an election officer in doing this rerun of the election? If that is the objective, I strongly disagree with it. Having an election officer serves a public interest. Then we are told every other union pays for its own elections. We have heard that time again and again, but they don't have an election officer to supervise their elections.

Mr. SARBANES. Mr. President, I urge my colleagues to oppose the Nickles amendment. This represents an unjustified intrusion by the Congress into the decades-long effort by Federal prosecutors to rid the International Brotherhood of Teamsters of corrupt influences. That is what is involved here, it is the effort to drive corrupt influences out of the Teamsters Union. Now, that effort has been vigorously pursued by both Republican and Democratic Departments of Justice. It culminated in litigation and ultimately a consent decree between the International Brotherhood of Teamsters and the United States. This was a consent decree entered into by the Bush administration and Attorney General Thornburgh, who hailed this as a major achievement, which I concede it was. And now Congress, with this amendment, is seeking to interfere in that law enforcement effort at a vital moment. In the 1989 consent decree, the Federal Government effectively entered into a contract to pay for the supervision of the 1996 election. In fact, the consent decree is very clear in stating, ``The union defendants consent to the election officer at Government expense to supervise the 1996 elections.'' And the rerun election we are talking about is the 1996 election, which has not been certified. It is now back before the court. Now, this amendment breaches that agreement. It in effect violates the consent decree. It is asserted that unions typically pay for their own elections. That is quite true. But in those elections they do not have election officers, and they do not have Federal supervision of the election. What the consent decree said was that the union would pay for the 1991 election and that the 1996 election would be supervised under the consent decree at Government expense. Now, the Teamsters already pay $3 to $4 million annually for consent decree activities related to the effort to prevent corruption. Between 1990 and 1995, they incurred costs in excess of $40 million in complying with its obligations and responsibilities under the consent decree. The danger with this amendment is that if the Government goes back on its undertaking to pay for the supervisory costs of the 1996 election, you will take the Teamsters out from under the necessity of having an election officer. You do not ordinarily get election officers to supervise union elections. My colleagues on the other side will say, well, what did we get out of it? What we got out of it was the continued supervision of the union elections into the 1996 election to help ensure that corrupt influences would not creep back into the union and affect its legitimate operations. The executive branch agreed to this consent decree.

Mr. SARBANES. I urge my colleagues to oppose this amendment. Amendment No. 1070

Mr. SARBANES. Mr. President, this is an incredibly mischievous amendment. The Teamsters are operating under a court order. This would violate the consent decree. The reason the Government pays for the election is so they can have an election officer supervise the election in order to ensure that we drive corruption out of the Teamsters Union. This consent decree was entered into by Attorney General Thornburgh in the Bush administration and heralded at the time as a great and significant accomplishment. The Nickles amendment violates the consent decree and it carries with it the very severe risk of resulting in an unsupervised election. Now, it is asserted that other unions pay for their own elections. That is quite true, but they don't have an election officer to supervise the election. The agreement in the consent decree provided for this payment. I urge a vote against the amendment.

Mr. SARBANES. And this amendment blatantly violates that court order. I urge my colleagues to reject this amendment. Mr. President, we reserve the remainder of our time.

Mr. SARBANES. I would like to commend the committee and subcommittee for their hard work on the Labor-HHS Appropriations bill. I am particularly pleased that the committee has seen fit to honor the administration's request for funding of the efforts of the Bureau of Labor Statistics [BLS] with respect to its review of the Consumer Price Index. However, I am concerned about the level of funding provided in the Labor-HHS bill for the remainder of the BLS budget, which is $6.8 million below the administration's request. BLS has suffered substantial funding reductions in past years, and consequently has had to eliminate or reduce the scope of several important programs--programs which produced valuable information on the Nation's labor markets and economy as a whole. It would not serve the national interest for BLS to have to undertake similar reductions as a result of the funding level in this appropriations bill. For example, high school guidance counselors around the country who help young graduates find work in growing sectors of the economy rely on Occupational Outlook Handbook, Occupational Outlook Quarterly, and other special reports produced by the BLS Employment Projections Program. The proposed cuts in this bill, however, may make the continued publication of these important materials less likely in the future. Similarly, to excel in the increasingly competitive global economy American businesses and trade officials need reliable international comparison statistics on employment, labor costs, and productivity. The proposed level of funding in this legislation jeopardizes our ability to receive such information. Finally, another consequence of the committee's proposed BLS funding level could be a delay in the implementation of the new industrial classification system--the so-called NAICS--that BLS has been working on. Updating the current system, which dates back to the 1930's, to reflect an economy approaching the 21st century is critical to the ability of our business leaders and policymakers to understand the challenges our economy will be facing in the upcoming years. I understand that the House funds all BLS activities at a level consistent with the administration's request. Would the Senator from Pennsylvania, as ranking member of the Labor-HHS Appropriations Subcommittee, be willing to accept the House funding levels in conference?

Mr. SARBANES. I thank the Senator from Pennsylvania, and appreciate his attention to this important matter. aids programs

Mr. SARBANES. It is embodied in a court order.

Mr. SARBANES

Mr. SARBANES. Does the Senator feel the election should be supervised by an election officer?

Mr. SARBANES. This amendment would, in effect, negate that aspect of the consent decree, would it not?

Mr. SARBANES. For a question.

Mr. SARBANES. Yes, you are; because the consent decree opens the possibility that the court will require that the election be paid for with public funds. It does not say that it will, but it does not say that it will not. It leaves open that option to the court. You are denying that option by your amendment and, therefore, undoing the consent decree. How do you expect people to enter into a consent decree? Was it 30 years they spent trying to work out a consent decree, did the Senator say earlier?

Mr. SARBANES. A consent degree that was involved with the Bush administration, approved by Attorney General Thornburgh, actually carried out, I take it, by U.S. Attorney Giuliani at that point.

Mr. SARBANES. Of the Southern District of New York. Now we are coming with an amendment to undo this process.

Mr. SARBANES. I ask the Senator from Massachusetts, my understanding was that the 1996 election was never certified.

Mr. SARBANES. So the rerun they are talking about would in effect flow out of the 1996 election, does it not?

Mr. SARBANES. If ever there was an instance of trampling in on the part of the Congress and in effect, undoing an arrangement that was very carefully and elaborately worked out and, in fact, done so by now Mayor Giuliani but then U.S. Attorney Giuliani in the Southern District of New York, approved by the Department of Justice, headed by Richard Thornburgh, and held out by President Bush as a major accomplishment. I thank the Senator for yielding.

Mr. SARBANES. Well, in fact, what the taxpayers got out of the consent decree was the use of the election officer for the 1996 election. The Senator seems to proceed on the premise that having an election officer to supervise the election is the normal course of events. That is not the case. One of the things that was negotiated in the consent decree was getting an election officer for the 1996 election. Let me read from the consent decree.