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

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

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

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

S11211

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

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

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

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

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

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

1998 1999 2000 2001 2002 2003

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

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

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

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

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